Odessa City Zoning Code
ARTICLE 14
5 SEXUALLY ORIENTED BUSINESSES
§ 14-5-1 Location of sexually oriented businesses.
(a)
A person commits an offense, except as provided in subsections (f) and (g) of this section, if they operate, or cause to be operated, a sexually oriented business within 800 feet of:
(1)
A church, defined as a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief either inside or outside the city limits; or
(2)
A public or private elementary or secondary school, a day care center licensed by the State of Texas, a college or university, together with the playgrounds, stadia and other structures or grounds used in conjunction therewith either inside or outside the city limits; or
(3)
A boundary of a residential district as defined in this section; or
(4)
A public park, defined as land and its buildings and improvements provided for recreation, sports, picnics, or amusement by the City of Odessa, Ector County, E.C.I.S.D., State of Texas, or any other government entity or nonprofit agency used for specific groups such as “little league” baseball or the public generally either inside or outside the city limits; or
(5)
A convention center or coliseum, defined as land and its buildings and improvements, owned by a governmental entity and designed primarily for the use of holding conventions, entertainment, trade show, civic activities, seminars and other similar activities.
(6)
A mall, defined as land and its buildings and improvements, operated and maintained as a single entity containing one or more structures to accommodate commercial, retail or office use, provided an enclosed/ covered common area which is made available for demonstrations, contests, display booths, recreational walks, and other activities that would attract young people and the general public.
(b)
A person commits an offense if they cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c)
A person commits an offense if they cause or permit the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or if they cause or permit 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) of this section, 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, college or university, state licensed day care center, coliseum, convention center, mall, or to the nearest boundary of an affected public park, or residential district.
(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 is located.
(f)
Any sexually oriented business lawfully operating on the effective date of this ordinance, that registers with the director of planning as a nonconforming use, by filing an application with the chief of police for a license prior to November 1, 1996, and that is in violation of subsections (a), (b) or (c) of this section, or in violation of use schedule 14-2-2.4, shall be deemed a nonconforming use and it shall not be an offense under subsections (a), (b), or (c), of this section which such nonconforming status is in effect. The nonconforming use will be permitted to continue unless terminated or abandoned for any reason or voluntarily discontinued for a period of six (6) months or more. Any nonconforming use which is discontinued or which remains vacant for a period of six (6) months shall be considered to have been abandoned. Such nonconforming use 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 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.
(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, state licensed day care center, college or university, public park, mall, coliseum, or convention center, or residential district within 800 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.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
