§ 46-13. Restrictions on location.

(a)

A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:

(1)

A church;

(2)

A public or private elementary or secondary school or child care facility;

(3)

A boundary of a residential or heritage district as defined in this chapter;

(4)

A public park;

(5)

The property line of a lot devoted to a residential use as defined in this chapter; or

(6)

A hospital.

(b)

A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

(c)

A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one (1) 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.

(d)

For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or hospital, or to the nearest boundary of an affected public park, residential district, heritage district, or residential lot.

(e)

For purposes of subsection (b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business in located.

(f)

Any sexually oriented business lawfully operating on the date this chapter was passed [June 23, 1994], that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (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 (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

(1)

Notwithstanding anything contained herein to the contrary, the board of amortization and appeal may extend the amortization period hereinabove provided to a reasonable period of time for any nonconforming sexually oriented business upon a showing by a particular business that without an extension it will be unable to recoup its investment in the nonconforming structure.

(2)

Any nonconforming sexually oriented business which desires an extension must register with the board of amortization and appeal as a nonconforming use no later than May 1, 1997, and must file an application for an extension of the amortization period not later than July 1, 1997. Requests for an extension of the amortization period shall be limited to one (1) application with the board of amortization and appeal.

(3)

Section 46-13(f)(1) shall not apply to any establishment which has undergone a change in ownership since the effective date of this chapter [June 23, 1994].

(g)

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 church, public or private elementary or secondary school, public park, residential district, heritage district, residential lot, or hospital, within one thousand (1,000) 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 has been revoked.

(h)

A sexually oriented business shall be located within a zoning district, as set forth in the zoning ordinances of the city, that includes sexually oriented businesses as an allowed land use.

(Ord. No. 6441, § 6, 6-23-94)

State law reference

Location restrictions authorized, V.T.C.A., Local Government Code § 243.006.