A bar or tavern may be permitted in the high intensity mixed- use ("MU-2") district subject to the following conditions:
(a) Bars or taverns 2,000 square feet or less are allowed by right in the MU-2 district.
(b) A conditional use permit shall be required if the bar or tavern is larger than 2,000 square feet where alcohol is served or consumed.
(c) A bar or tavern that was lawfully in existence on the effective date of this section shall be granted nonconforming status. The building official shall maintain a register of all certificates of occupancy for bars and taverns made nonconforming after the effective date of this section. The building official shall determine maximum occupancy allowed where alcohol is served or consumed for nonconforming bars and taverns.
(d) Nonconforming status shall be retained when:
(1) Renewing a Texas Alcohol and Beverage Commission (TABC) permit or license; or
(2) The sale or transfer of the business/premise requires a new TABC permit or license is required; or
(3) Maintaining, repairing or making alterations that do not exceed the occupancy allowed in the registry maintained by the building official.
(e) Nonconforming status shall terminate when:
(1) The TABC permit or license is terminated and a bona fide application for a new license or permit is not filed with TABC within two years of the prior permit or license expiration; or
(2) The use has been changed to a conforming use in the MU-2 district; or
(3) The use is altered or expanded such that the occupancy exceeds the maximum allowed in the registry maintained by the building official; or
(4) Restoration of a building destroyed by fire, explosion or other casualty, or act of God exceeds 75% of the building's reasonable value.
(Ord. 26445-09-2023, § 1, passed 9-12-2023, eff. 9-26-2023)