These regulations shall apply to all future and existing sexually oriented businesses upon the effective date of the ordinance from which this article is derived.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Any sexually oriented business annexed by the city after the effective date of this chapter shall be subject to all the requirements of this article.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

It is unlawful and a violation of this article for any person to use or occupy land or a building for the purpose of operating or maintaining a sexually oriented business within the city unless such person has made application for and been issued a certificate of occupancy as required in this article. Applications shall be made to the city secretary, accompanied by the documentation required in this article, together with a fee in the amount provided in the city fee schedule.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

If the subject building or portion of the building is intended for use as a sexually oriented business, then no certificate of occupancy shall be issued unless and until the applicant has submitted a sworn affidavit stating the name and mailing address of all owners of the planned sexually oriented business and, if a corporate owner, the current name and street address of the corporate president and the registered agent for service on file with the secretary of state.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

It shall be a violation of this article for an owner of a sexually oriented business to fail or refuse to submit the requisite certified survey map or to fail or refuse to register the names and addresses of the owners. Without both the certified survey map and owner identification, no valid certificate of occupancy can be issued. Upon discovery of the absence of, or the incorrectness of either document, the certificate of occupancy shall be declared invalid by the city manager.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Notwithstanding any other provision of this chapter, it shall be a violation to use or occupy land or a building for the purpose of operating or maintaining a sexually oriented business within 1,000 feet of another sexually oriented business, or within 1,000 feet from any property zoned for the following or devoted to a use classified as any of the following:

(1)

A, AA, AAA, B, C, D districts including any land zoned for one of the aforementioned residential uses;

(2)

Any church, synagogue, mosque, or other religious worship facility used primarily for religious worship;

(3)

Any public or private elementary, secondary or high school; or

(4)

Any public park.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest property line of the protected properties described in section 50-484 which requires separation. This method of measurement shall apply to a sexually oriented business which is the sole tenant, within one building, located on one platted lot.

(b)

Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest point of the occupied space of the sexually oriented business to the nearest property line of the protected property described in section 50-484 which requires separation. This method of measurement shall apply to a sexually oriented business which is a tenant within a multiple tenant building.

(c)

A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the city manager for all sexually oriented businesses as part of the application for the certificate of occupancy. Any 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.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Any use must comply with Texas Local Government Code provisions and same are adopted and incorporated herein by reference.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)