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Boarding home facilities are permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, subject to the following conditions:
(a) In one-family districts the maximum number of residents in a boarding home facility, by right, shall be six.
(b) A boarding home facility must meet all applicable permitting requirements of Chapter 20, Article XIV, Boarding Homes of the City Code and any applicable Tex. Human Resources Code requirements.
(c) A boarding home facility may not be established within one-half mile of a previously existing boarding home facility.
(d) Compatibility standards in one-family zoning districts:
(1) There shall be no exterior display or sign with the exception that a nameplate, not exceeding one square feet in area, may be permitted when attached to the front of the main structure provided the nameplate is not illuminated and attached flat to the dwelling unit or visible through a window.
(2) No exterior construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.
(3) Front yard impervious cover shall comply with maximum percentages indicated in Chapter 6.
(e) Any residential structure converted into a boarding home facility will be required to comply With all additional city code standards including but not limited to the building code, electric code or fire code, as applicable, based on the nature of the proposed use and occupancy classification.
(f) Motor vehicles on premises. Residents of a boarding home facility may not keep, on the premises of a home or on the public rights-of-way adjacent to the home, more than one motor vehicle per bedroom for the use of residents of the home.
(Ord. 26358-08-2023, § 6, passed 8-8-2023)
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)
A shelter may be permitted in accordance with the use tables of Appendix A, Chapter 4, Articles 6 and 8, provided it shall not be located within a one-mile radius of existing shelters on East Lancaster Avenue or within one-mile of the Historic Southside Neighborhood (generally illustrated in Appendix B, Exhibit B.37). The board of adjustment shall have no authority to grant any variance to the distance limitation.
(Ord. 26652-12-2023, § 1, passed 12-12-2023, eff. 1-9-2024)
Editor’s note:
Ord. 16118, § 1, adopted Sept. 14, 2004, amended the code by consolidating the regulations of former § 23-18, which pertained to sexually oriented business offenses, and adding provisions designated as §§ 5.200 through 5.221 to Appendix A, Zoning. Former Art. 2, §§ 5.200 through 5.202, pertained to similar subject matter. See also the Code Comparative Table.
The following are provided as guidelines for the construction, interpretation and enforcement of this article.
(a) It is the purpose and intent of this article to regulate sexually oriented business establishments so as to protect and promote the health, safety and general welfare of the citizens of the city and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city.
(b) This article intends a balance of the right of the citizens of the city to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and United States Supreme Court rulings pursuant thereto.
(c) This article is also intended to deter property uses and activities, which directly or indirectly, cause or would cause adverse secondary effects, including the deprecation of property values, on the stability of the immediate neighborhood surrounding the sexually oriented business.
(d) This article has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
(e) Similarly, it is not the purpose or intent of this article to restrict or deny lawful access by adults to sexually oriented materials or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.
(f) Similarly, it is not the purpose or intent of this article to impose judgment on the content or merits of any constitutionally protected form of speech or expression.
(g) It is the purpose of this article to generally charge operators of sexually oriented businesses to comply with a policy of “keep it indoors and under control” and to hold all operators first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon.
(Ord. 16118, § 1, passed 9-14-2004)
Sexually oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Escort agencies;
(g) Adult model studios;
(h) Sexual encounter centers; and
(i) Any commercial venture whose operations include the providing, featuring or offering of employees or entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and provide live performances, services or entertainment for customers.
(Ord. 16118, § 1, passed 9-14-2004; Ord. 20901-09-2013, § 1, passed 9-10-2013; eff. 9-25-2013)
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