§ 12-1144. Location restrictions.

(a)

A person commits an offense if the person operates or causes to be operated a sexually oriented business in any zoning district other than as allowed by the Unified Development Code.

(b)

A person commits an offense if the person operates or causes to be operated, within the city limits, a sexually oriented business on within 1,000 feet of any of the following uses that are located within the city limits or its extraterritorial jurisdiction (or any of the following proposed uses where any type application has been filed and is pending or for which a permit has been granted):

(1)

Property upon which a religious institution, church, synagogue, mosque, temple or structure that is used primarily for religious worship and related religious activities or property owned by, or for the benefit of, a religious organization that intends to use the property for such purposes if such ownership has been registered with the city;

(2)

Property upon which is located a public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuing education schools, special education schools, junior colleges, colleges and universities (the term "schools" or "facilities" include the school grounds and related athletic or other facilities regularly visited by students);

(3)

Property any part of which is within:

a.

A residential district under the Unified Development Code of the city; or

b.

An area designated for residential use on the city's comprehensive plan and maps showing future uses;

(4)

Property upon which is located a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, golf course, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of a governmental entity, public improvement district, or homeowner's association;

(5)

Property devoted to a residential use;

(6)

Property upon which is located an entertainment business which is oriented primarily towards children or family entertainment;

(7)

Property upon which there is any premises or use licensed pursuant to the Texas Alcoholic Beverage Code or upon which there is any premises or use that is the subject of a pending application for a license or permit governed by the Texas Alcoholic Beverage Code; or

(8)

Property upon which a business or establishment is open or operates 24 hours a day.

(c)

A person commits an offense if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.

(d)

A person commits an offense if that person causes or permits the operation, establishment, or maintenance of more than one classification of sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(e)

For the purpose of subsection (b) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, between the point on the property line of the property upon which a sexually oriented business is operated (or proposed to be operated) to the point on the property line of the property upon which one or more of the uses listed in subsection (b) of this section exist (or are proposed to exist under any type of permit application) that results in the shortest distance between said property lines.

(f)

For the purpose of subsections (c) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, between the point on the property line of the property upon which a sexually oriented business is operated (or proposed to be operated) to the point on the boundary of the right-of-way in question that results in the shortest distance between the property line and the edge of said right-of-way.

(g)

For purposes of subsection (d) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, between the respective points on the property lines of each property used (or sought to be used) as a sexually oriented business that results in the shortest distance between said property lines.

(h)

Presence of a city, county or other political subdivision boundary shall not affect the measurement of the distance requirements of this article.

(i)

Any sexually oriented business lawfully operating prior to the effective date of the ordinance from which this article is derived that is in violation of one or more subsections of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason including, but not limited to, suspension or revocation of License, or voluntary discontinuance for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first lawfully established and continually operating at a particular location is the conforming use and the later established business is nonconforming.

(j)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (b) of this section within 1,000 feet of the sexually oriented business or a location listed in subsection (c) of this section within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(k)

A person commits an offense if that person causes or permits the operation, establishment, or maintenance of a sexually oriented business within any tax increment financing zone, public improvement district or road district established by the city.

(Code 1982, § 27-12; Ord. No. 88-25, § 2, 7-5-1988)