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Dalhart City Zoning Code

ARTICLE IV

ADULT ENTERTAINMENT ESTABLISHMENTS

Sec. 40-105.- Location requirements.

(a)

All structures housing adult entertainment enterprises (as defined in this chapter) shall be located as follows:

(1)

At least 600 feet from the property boundary line of any residentially zoned lot or any lot used for church, park, or hospital purposes;

(2)

At least 1,000 feet from another structure housing an adult entertainment enterprise; and

(3)

At least 2,000 feet from any lot used for school purposes.

Said measurements are to be in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line on any lot in any residentially zoned district, or any lot used for church, school, or hospital purposes, or any park, and any structure housing an adult entertainment enterprise.

(b)

The measurements for a structure shall be taken from the farthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.

(c)

Should said adult entertainment enterprise be located in conjunction with other buildings in a manner where said adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure's measurements shall be taken from the boundaries of the space in which the adult bookstore is housed or confined (not the entire shopping center or structure).

(d)

Should said adult entertainment enterprise be located in conjunction with other buildings in a manner where said adult entertainment enterprise is situated above the ground level of a multistory structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower), the adult entertainment enterprise measurements shall be taken from the entry to that portion of the structure housing the adult bookstore; thence to the nearest point of egress (elevator or stairs); thence to the nearest ground floor exit; thence in a straight line to the nearest point on any lot in a residential district, or any lot or tract used for church, school, hospital or park purposes, and any structure housing an adult entertainment enterprise.

(e)

Each applicant for an adult entertainment enterprise must submit a site plan setting out the dimensions and location for such adult entertainment enterprise. The applicant shall sign a certified and notarized statement attached to the site plan that the proposed adult entertainment enterprise complies with the requirements set forth herein above. It shall be the duty of the applicant to prepare the site plan and to ensure compliance with the distance requirements.

(f)

Expansion of neighbors. An adult entertainment enterprise lawfully operating as a conforming use is not rendered a nonconforming use by the location of a church, school, hospital, park, or residentially zoned property within 600 feet of the adult entertainment enterprise.

(Ord. No. 2006-14, § 17-21, 7-11-2006)

Sec. 40-106. - Adult viewing booth design and lighting.

(a)

Adult viewing booths and arcades shall be constructed according to this section. The interior of an adult arcade and/or viewing booth shall be configured in such a manner that there is an unobstructed view of every interior area of the adult arcade and/or viewing booth to which any patron is permitted access for any purpose. This unobstructed view shall be from the manager's station directly into the viewing booth. In the event there is more than one manager's station, then at any of the manager's stations there shall be at least one unobstructed view to any interior area of the viewing booth or arcade. The view required in this section must be in direct line of sight from the manager's station.

(b)

It shall be the duty of the owner and operator of such arcade or viewing booth, and it shall also be the duty of any agents and employees present in an arcade or viewing booth, to ensure that the view area specified in subsection (a) of this section remains unobstructed by any merchandise, display racks, or other materials at all times that any patron is present in the adult arcade and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to this section.

(c)

Lighting.

(1)

Each adult arcade and viewing booth shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination so that any patron may be observed from the manager's station.

(2)

It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in an adult arcade and viewing booth to ensure that the illumination described above is maintained at all times that any patron is present in the adult arcade and viewing booths.

(Ord. No. 2006-14, § 17-22, 7-11-2006)