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§ 5.202 PROHIBITED LOCATIONS OF ANY TYPE OF SEXUALLY ORIENTED BUSINESS.
   (a)   A person, including an operator of a sexually oriented business, commits an offense if he or she operates or permits the operation, or establishment of a sexually oriented business in a zoning district that does not expressly permit that type of use in said zoning district.
   (b)   In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he or she causes or permits the operation or establishment of a sexually oriented business in or within 1,000 feet of an existing:
      (1)   Religious institution;
      (2)   School;
      (3)   Public park;
      (4)   A residential district;
      (5)   The downtown tourism area (generally illustrated in Appendix B, Exhibit B.3);
      (6)   The cultural district (generally illustrated in Appendix B, Exhibit B.7);
      (7)   The Fort Worth stockyards national register historic district (generally illustrated in Appendix B, Exhibit B.5);
      (8)   Other sexually oriented business within the city limits not located on I-30 or I-35; or
      (9)   Areas that currently are, or within the last ten years were, designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts.
   (c)   In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he or she causes or permits the operation or establishment of a sexually oriented business in or within 1,500 feet of an existing sexually oriented business located within the city limits on I-30 or I-35.
   (d)   (1)   For the purpose of subsections (b) and (c) above, measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school or sexually oriented business, or from the boundary line of a public park, residential district, designated historical/cultural district, or areas currently or within the last ten years were designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts to the nearest property line of the property sought to be used as a sexually oriented business.
      (2)   If the sexually oriented business, school or religious institution occupies greater than 50% of the total building square footage on a developed site, parcel, tract or platted lot, then the measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line.
      (3)   If the sexually oriented business, school or religious institution occupies less than 50% of the total building square footage on a developed site, parcel, tract or platted lot, then the measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the closest wall.
      (4)   All other provisions of this section shall remain in full force and affect.
   (e)   Also for the purposes of subsection (b) above, measurement of the 1,000 foot distance shall also include religious institutions, schools, public parks, residential districts or other sexually oriented businesses, which are located in an adjacent city, township or rural land area and which are within the 1,000 foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Fort Worth.
   (f)   A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the development services director as part of the application for the specialized certificate of occupancy. Any specialized certificate of occupancy issued for a building or facility used to conduct a sexually oriented business without submission of the required survey shall be null and void.
   (g)   A person commits an offense if he or she causes or permits the establishment or operation of more than one sexually oriented business on the same property, in the same building or structure, or any portion thereof.
   (h)   A sexually oriented business lawfully operating as a conforming use after December 21, 1993 is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential district or designated historical/cultural district within 1,000 feet of the sexually oriented business.
   (i)   A sexually oriented business lawfully operating as a conforming use prior to September 27, 2004 is not rendered a nonconforming use by the change in zoning districts that expressly permits sexually oriented business in said zoning district or by the increase in distance to 1,500 feet on I-35 or I-30. Such businesses shall be allowed to remodel and repair their current operations so long as the size of the building is not expanded and the remodel and repair occurs within the same footprint of the building at the time of adoption of this ordinance. All repairs and remodeling must be in compliance with the current city codes.
(Ord. 16118, § 1, passed 9-14-2004; Ord. 17522, § 6, passed 4-24-2007; Ord. 18130, § 1, passed 6-3-2008; Ord. 24030-02-2020, § 22, passed 2-4-2020)