Rockdale City Zoning Code
Division 3
Plan Requirements and Special Provisions
§ 14.02.121 Construction plans.
(a)
Purpose and applicability.
Construction plans provide detailed graphic information and associated text indicating property boundaries, easements, land use, street access, utilities, drainage, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, open spaces, and general conformance with the master plan and ordinances of the city. Construction plan approval by the city engineer shall be required for any development or improvement of land subject to this article, and not otherwise required by city’s subdivision ordinance.
(b)
Format.
Construction plans shall be drawn on twenty-four-inch by thirty-six-inch (24" x 36") sheets at a generally accepted engineering scale, and sufficient to thoroughly meet the informational requirements herein.
(c)
Content.
Construction plans shall include all of the land proposed to be developed or improved, and any off-site improvements required to accommodate the project. Construction plans shall contain, or have attached thereto:
(1)
A cover sheet, showing:
(A)
Names, addresses and phone numbers as applicable of the record owner and developer, if any, and all authorized agents including the architect, engineer, landscape architect, and surveyor.
(B)
The proposed name of the project.
(C)
A location map showing the relation of the project to streets and other prominent features in all directions for a radius of at least one (1) mile using a scale of one inch equals two thousand feet (1" = 2,000'). The latest edition of the USGS 7.5 minute quadrangle map is recommended.
(D)
Certification, revision and signature blocks as required by the city.
(E)
The total acreage of the property to be developed.
(F)
Current zoning district as defined by this article.
(2)
An existing conditions plan, showing as follows:
(A)
Boundary of existing zoning districts, if applicable.
(B)
The existing property lines, including bearings and distances, of the land being developed or improved. Property lines shall be drawn sufficiently wide to provide easy identification.
(C)
The location of existing structures and improvements, if applicable.
(D)
The accurate location, caliper and critical root zone of significant trees 8-inch caliper and larger, in relation to the property boundary and, if applicable, within the limits of the proposed off-site improvements.
(E)
Centerline of watercourses, creeks, existing drainage structures and other pertinent data shall be shown.
(F)
Lines delineating the regulatory one hundred (100) year floodplain, if applicable.
(G)
Topographic data indicating one (1) foot contour intervals. The contoured area shall extend outward from the property boundary for a distance equal to twenty-five percent (25%) of the distance across the tract, but not fewer than fifty (50) feet nor more than two hundred (200) feet.
(H)
The locations, sizes and descriptions of all existing utilities, including but not limited to sewer lines, lift stations, sewer and storm sewer manholes, water lines, water storage tanks, and wells within the property, and/or adjacent thereto. Existing overhead and underground electric utilities shall also be shown.
(I)
The location, dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, railroads, easements, building setbacks or other public rights-of-way within the property, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing deed and plat records. The existing right-of-way width of any boundary street to the property shall also be shown.
(J)
Location of city limit lines and/or outer border of the city’s extraterritorial jurisdiction, as depicted on the city’s most recent base map, if either traverses or is contiguous to the property boundary.
(3)
An erosion and sedimentation control plan, showing as follows:
(A)
Proposed fill or other structure-elevating techniques, levees, channel modifications and detention facilities.
(B)
Existing and proposed topographic conditions with vertical intervals not greater than one (1) feet referenced to a United States Geological Survey or Coastal and Geodetic Survey benchmark or monument.
(C)
The location, size, and character of all temporary and permanent erosion and sediment controls with specifications detailing all on-site erosion control measures which will be established and maintained during all periods of development and construction.
(D)
Contractor staging areas, vehicle access areas, temporary and permanent spoils storage areas.
(E)
A plan for restoration and for the mitigation of erosion in all areas disturbed during construction.
(4)
A site plan, showing all visible improvements to the land, including the following:
(A)
The location, dimensions, square footage, height, and intended use of existing and proposed buildings on the site.
(B)
Location, number and dimensions of existing and proposed parking spaces, distinguishing between standard, handicap and van handicap spaces, and calculation of applicable minimum requirements in accordance with this article.
(C)
The location, type and dimensions of proposed driveways, signs and traffic-control devices.
(D)
Compliance with the city’s master plan.
(5)
A grading and drainage plan, showing as follows:
(A)
A drainage area map delineating areas to be served by proposed drainage improvements.
(B)
Detailed design of all drainage facilities, including typical channel or paving section, storm sewers, detention ponds and other stormwater control facilities.
(C)
Accurate cross-sections, plan and profiles of every drainage improvement proposed in a public utility easement and/or public right-of-way.
(D)
Existing and proposed topographic conditions with vertical intervals not greater than one (1) foot referenced to a United States Geological Survey or Coastal and Geodetic Survey benchmark or monument.
(E)
Attendant documents containing design computations and any additional information required to evaluate the proposed drainage improvements.
(F)
Compliance with the city’s drainage policies provided in the city’s subdivision ordinance.
(6)
A utility plan, showing as follows:
(A)
The layout, size and specific location of proposed water mains and other related structures and in accordance with all current city standards, specifications, and criteria for construction of water mains.
(B)
The location of proposed fire hydrants, valves, meters, pipe fittings and other appurtenances.
(C)
Design details showing the connection with the existing city water system.
(D)
The layout, size and specific location of the proposed wastewater lines, lift stations, and other related structures, and in accordance with all current city standards, specifications, and criteria for construction of wastewater systems.
(E)
Plan and profile drawings for each line in public right-of-way or public utility easements, showing existing ground level elevation at centerline of pipe, pipe size and flow line elevation at all bends, drops, turns, station numbers at fifty (50) foot intervals.
(F)
Detailed design for lift stations, special wastewater appurtenances, if applicable.
(G)
Utility demand data, and other attendant documents, to evaluate the adequacy of proposed utility improvements, and the demand on existing city utilities.
(H)
Compliance with the city’s utility policies provided in the city’s subdivision ordinance.
(7)
A building plan, including floor, building, foundation, and roof plans, and elevations.
(8)
A landscape plan, showing as follows:
(A)
Dimensions, types of materials, size and spacing of proposed vegetative materials, planting details and irrigation appurtenances in relation to proposed structures or other significant improvements.
(B)
The following maintenance note: The developer and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of the subdivision regulations.
(9)
Construction details, showing (when applicable) showing as follows:
(A)
Structural retaining walls and/or detention outlet structures.
(B)
Storm sewer manhole and covers, typical channel sections, inlets, safety end treatments and headwalls.
(C)
Wastewater manholes and covers, cleanouts, grease traps, pipe bedding and backfill.
(D)
Water valves, water meters, fire hydrants, thrust blocks, backflow prevention and concrete encasement.
(E)
Driveways, curb and gutter, sidewalks, curb ramps, pavement sections and pavement repair.
(F)
Silt fence, rock berms, stabilized construction entrance, inlet protection.
(G)
Traffic controls when working in public right-of-way.
(H)
Applicable city standard details and specifications.
(d)
Procedure.
Construction plans for the development or improvement of land in the city limits, not otherwise governed by the city’s subdivision ordinance, shall be submitted to the city for approval prior to the issuance of a building permit.
(1)
Three (3) complete sets of construction plans shall be submitted to city staff for review by the city engineer at any time prior to the issuance of a building permit, along with the following:
(2)
City staff shall review all construction plan submittals for completeness at the time of application. If, in the judgment of city staff, the construction plan submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review.
(3)
The city engineer shall review the construction plans to insure compliance with this article, and other applicable city ordinances, codes, standards and specifications, and good engineering practices.
(4)
Construction plans may be rejected at any time subsequent to submittal and prior to final approval for failure to meet the minimum informational requirements of this article.
(5)
Applicable fees pursuant to city ordinance shall be paid, including, but not limited to, all professional fees, engineer, and attorney fees incurred by the city for or with respect to the review, processing and approval of the application for the approval of the building permit.
(e)
Approval.
Within thirty (30) days of the date on which all required information has been accepted for review, the city engineer shall either approve or disapprove the construction plans. If the construction plans are disapproved, the city engineer shall notify the applicant, in writing, of disapproval and indicate the requirements for bringing the construction plans into compliance. If construction plans are approved, then the city engineer shall sign the cover sheet of the construction plans, returning one (1) signed copy to the applicant and retaining the other signed copy for city records.
(1)
Specific approvals required from other agencies shall be obtained by the owner.
(2)
All improvements shown in the approved construction plans shall be constructed pursuant to and in compliance with the approved plans, except as otherwise specifically approved.
(3)
It shall be the right of the applicant seeking construction plan approval, to appeal a decision of the city engineer to the commission and have a final decision rendered by the commission.
(f)
Revision.
Where necessary, due to unforeseen circumstances, for corrections to be made to construction plans for which approval has already been obtained, the city engineer shall have the authority to approve such corrections when, in his/her opinion, such changes are warranted and also in conformance with city requirements. Approval of such changes agreed to between the developer and city engineer shall be noted by initialing and dating by both parties on the two (2) original signed copies of the construction plans.
(g)
Responsibility.
Notwithstanding the approval of any construction plans [by] the city engineer or the commission, the developer and the engineer that prepares and submits such plans and specifications shall be and remain responsible for the adequacy of the design of all such improvements; and nothing in this article shall be deemed or construed to relieve or waive the responsibility of the developer and his/her engineer for or with respect to any design, plans and specifications submitted.
(h)
Expiration.
Unless a longer time shall be specifically established as a condition of approval, construction plan approval shall expire twelve (12) months following the date on which such approval became effective, unless prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion.
(i)
Extension.
Construction plan approval may be extended if the developer submits a written request for extension and continuance of the plan as approved by the city prior to expiration. Approval of any such extension request shall be automatic one (1) time only for a period of twelve (12) months.
(Ordinance 2005-09-19(4A), ex. A (12.141), adopted 9/19/05)
§ 14.02.122 Landscaping and screening requirements.
(a)
Purpose.
The purpose of this section is, in conjunction with the other requirements of this article, to promote and support the orderly, safe, attractive and healthful development of land located within the community, and to promote the general welfare of the community by preserving and enhancing ecological, environmental and aesthetic qualities, through established requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. The following are additional factors considered in establishing the requirements of this section:
(1)
Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community’s aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well-being of the community and, therefore, it is proper that the use of such elements be required.
(2)
The city encourages the practice of xeriscape through the use of native, drought-resistant vegetation that does not consume large quantities of water.
(b)
Installation and plan.
All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards. An approved landscape plan shall be required for all new development in any zoning district, save and except for A, R-1E, R-1C and R-1 districts.
(c)
Maintenance.
The owner of the landscaped property shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this section.
(d)
Planting criteria.
(1)
Trees.
Trees shall be a minimum of two (2) inches in caliper measured three (3) feet above finished grade immediately after planting. A list of recommended landscape trees are available from Texas A&M and allowed plants only include native species (Texas A&M Forest Service - Trees of Texas - List of Trees (tamu.edu). A minimum area of three (3) feet in radius is required around the trunks of all existing and proposed trees.
(2)
Shrubs and ground cover.
Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock from the Texas Native Shrubs (tamu.edu) listing. Shrubs must be, at a minimum, a one (1) gallon container size.
(3)
Lawn grass.
It is recommended that grass areas be limited. Areas that are grass planted shall be planted with drought-resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, St. Augustine or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in areas subject to erosion.
(4)
Synthetic plants.
Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section.
(5)
Architectural planters.
The use of architectural planters may be permitted in fulfillment of landscape requirements.
(6)
Other.
Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces.
(e)
Landscaping requirements.
A minimum percentage of the total lot area shall be devoted to landscape development in accordance with the following schedule.
Zoning or Use | Percentage | |
|---|---|---|
(1) | Multifamily | 20% |
(2) | Residential | *Note |
(3) | Office, general retail and commercial uses | 15% |
(4) | Industrial - light and heavy | 10% |
(5) | Agricultural | None |
* Note. Minimum landscape requirements for each lot on which a single-family, dwelling, or a manufactured home, is constructed or installed after the date of this article shall be a minimum of two (2) two-inch trees and lawn grass from the front property line to the front two (2) corners of the structure. Residential structures on reverse frontage lots shall also be required to screen the rear of the structure from the abutting highway, access road, or other public rights-of-way. |
(f)
Exceptions.
Exceptions to these provisions may be granted by the commission and/or council to require a lesser amount of landscaping if the aesthetic, buffering and environmental intent of this article is met, and the reduction of the landscape area results in the preservation of natural features having comparable value to the reduced landscape requirements.
(g)
Placement.
Landscaping shall be placed upon that portion of a tract or lot that is being developed. Fifty percent (50%) of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the commission. Landscaping placed within public rights-of-way shall not be credited to the minimum landscape requirements by this section. No landscaping that exceeds thirty inches can be planted within the site visibility triangle.
 |
(h)
Credit.
The building official and/or city planner shall, with respect to the issuance of a building permit or approval of a construction or site development plan, give a credit against the requirements of this section for trees preserved on the site. Provided that, in order to reward the preservation of significant trees, a credit may be given for such preservation only if no more than fifty percent (50%) of the critical root zone is disturbed or distressed with impervious cover; and provided further that the remaining critical root zone must consist of at least one hundred (100) square feet.
(i)
Additional required plantings.
For every one thousand (1,000) square feet of landscape area required by this section, two (2) trees and four (4) shrubs shall be planted. To reduce the thermal impact of unshaded parking lots, additional trees shall be planted, if necessary, so that no parking space is more than 50 feet away from the trunk of a tree, unless otherwise approved by the commission. This subsection (i) shall not apply to any property included in any of the following zoning categories: A, and R-1.
(j)
Replacement of required trees.
Upon the death or removal of a tree planted pursuant to the terms of this section, a replacement tree of equal size and type shall be required to be planted. A smaller tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in this section is retained.
(k)
Screening.
The following requirements shall be in addition to the foregoing landscaping and planting requirements.
(1)
On reverse frontage lots, all loading spaces and docks, outside storage areas, satellite dishes larger than 18 inches in diameter, antennas, mechanical equipment, and the rear of structures, must be screened from view from the street or public rights-of-way.
(2)
Approved screening techniques include privacy fences, evergreen vegetative screens, landscape berms, existing vegetation or any combination thereof.
(3)
Privacy fences.
(A)
All fences required by this section and along a common property boundary shall be no greater than ten feet (10') in height for residential and no greater than fourteen feet (14') in height for nonresidential. Any fence greater than eight feet (8') in height is required to have an engineer stamp.
(B)
Fences up to fourteen feet (14') in height for nonresidential and ten feet (10') in height for residential, but not less than six (6) feet, shall be allowed for impeding access to hazardous facilities including, but not limited to, electrical substations, swimming pools and chemical or equipment storage yards, where the slope of a line drawn perpendicular to the fence line averages twenty percent (20%) or more on either side of the fence over a distance no less than fifteen (15) feet, or where the fence forms a continuous perimeter around a subdivision and the design of said perimeter fence is approved by the commission.
(C)
Fences less than or equal to three (3) feet in height shall be allowed in front yards.
(D)
No fence or other structure more than thirty percent (30%) solid or more than three (3) feet high shall be located within twenty-five (25) feet of the intersection of any rights-of-way.
(E)
All fences shall be constructed to maintain structural integrity against natural forces such as wind, rain and temperature variations.
(F)
The finished side of all fences built to comply with these regulations shall face away from the screened object.
(4)
Evergreen vegetative screens.
Evergreen plant materials shall be shrubs, at least thirty (30) inches in height and at a minimum spacing of 48 inches at the time of installation. Shrubs may be used in combination with landscape trees to fulfill the requirements of this section.
(5)
Landscape berms.
Landscape berms may be used in combination with shrubs and trees to fulfill the screening requirements of this section if the berm is at least three (3) feet in height and has a maximum side slope of four (4) feet of horizontal run for every one (1) foot in vertical rise.
(6)
Native vegetation.
Existing vegetation, demonstrating significant visual screening capabilities and as approved by the commission may fulfill the requirements of this section.
(Ordinance 2005-09-19(4A), ex. A (12.142), adopted 9/19/05; Ordinance 2023-7-10(9C) adopted 7/10/2023; Ordinance 2023-11-13(10B) adopted 11/13/2023; Ordinance 2023-9-11(9D) adopted 9/11/2023; Ordinance 2023-11-13(10A) adopted 11/13/2023)
§ 14.02.123 Sign requirements.
(a)
All signs shall be designed, placed, located, erected, constructed and maintained in accordance with this section and all applicable city ordinances.
(b)
Purpose.
The objectives of this section are to promote the health, safety, welfare, convenience, communication and the landscape quality of the public. The sections, provisions and regulations set forth in this article shall apply to the control, use, installation, regulation, licensing and permitting of signs within the city and its extraterritorial jurisdiction (ETJ). It is the intent of this article to provide comprehensive regulations applicable to signs placed, installed or maintained within the city and its ETJ; provided that this article shall not be construed, applied, interpreted nor enforced in a manner to violate the first amendment rights of any person, and the building official shall seek the advice and recommendation of the city attorney prior to taking any action to enforce any provision of this article with respect to any noncommercial sign or speech by any person. This section shall further be interpreted and applied to accomplish the following purposes:
(1)
Safety.
A purpose of this section is to provide for the public safety by requiring that:
(A)
No hazard is created due to collapse, wind, fire, collision, decay or abandonment;
(B)
No obstruction is created to firefighting and police surveillance; and
(C)
No traffic hazard is created by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to read the traffic signs.
(2)
Communications.
A purpose of this section is to promote the efficient transfer of information in sign message by providing that:
(A)
Businesses and services may identify themselves;
(B)
Customers and other persons may locate a business or service; and
(C)
Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
(3)
Landscape quality and preservation.
A purpose of this article is to enhance the appearance and economic value of the landscape, by providing signs that:
(A)
Do not interfere with scenic views;
(B)
Do not create a nuisance to persons using the public rights-of-way;
(C)
Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement;
(D)
Are not detrimental to land or property value; and
(E)
Contribute to the special character of particular areas or districts within the city, helping the observer to understand the city and orient oneself within it.
(c)
General provisions.
All signs erected or maintained pursuant to the provisions of this article shall be erected and maintained in compliance with all applicable federal, state, and local laws and regulations, the building code, electrical code and other applicable ordinances of the city. In the event of conflict between this article and other laws, the most restrictive standard applies.
(d) Erect. Face or surface. Gross surface area of the sign. Height. Illuminated sign. Incombustible material. License. Logo. Permanent. Permit. Person. Portable sign. Setback. Sign. Sign, abandoned. Signs, agricultural. Signs, apartment. Signs, construction. Sign, developmental. Sign, directional. Sign, identification. Sign, institution. Sign, marquee. Sign, model home. Sign, monument. Sign, political. Sign, projection. Sign, real estate. Sign, residential subdivision. Sign, traffic. Sign, wall.
Definitions.
As used in this section, the following terms shall have the meaning indicated below unless the context clearly indicates otherwise:
To build, construct, attach, hang, place, suspend, or affix.
The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
The entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having two (2) surfaces shall be considered a single sign if both the surfaces are located back to back. In the event two (2) or more signs share a single structure, i.e., directory signs, or signs on V-shaped structures, each sign or panel shall be considered separately for square footage purposes, provided that the combined area of such signs cannot exceed the total square footage allowed on a single sign.
The distance from common ground level to the highest point.
Any sign illuminated by electric lights.
Any material which will not ignite at 1,200 degrees F or below, nor shall it continue to burn or glow at that temperature.
An official document issued by the city that gives permission to operate a sign installation business.
Design or insignia commonly used to identify a company or product.
Any sign intended to be used for six (6) months or longer.
An official document issued by the city that allows for sign installation.
An individual, partnership, firm, company, association or corporation of any kind.
A sign easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes.
The minimum distance from the property line to the nearest part of a building. No sign requiring a permit may encroach, project, or be constructed on or past this line.
A structure, display, light device, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise, inform, or attract the attention of persons not on that premise, excluding those lights and landscape features which display words or symbols as temporary holiday decorations.
Any sign without a valid current permit, or one which is deserted, surrendered or forsaken, unused, given up or relinquished with intention of never resuming a right of interest therein.
Any sign identifying the farm or ranch on which it is placed and advertises the produce, crops, animals, or poultry raised or quartered thereon.
Any sign identifying an apartment building or complex of apartments.
Any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator, or finances engaged in the design, construction or improvement of the premises on which the sign is located.
Any temporary sign pertaining to the development of land.
Any temporary sign which exclusively communicates the location or route to a premise or occupancy.
Any sign used to identify shopping centers, industrial and commercial parks, and retail districts. These signs are not intended to identify individual businesses or activities within the center or district.
Any sign used to identify a school, church, hospital or similar public or quasi-public institution.
Any sign erected on a marquee or fixed awning.
Any temporary sign used to advertise a particular structure represented by a model or show home.
Any permanent low-profile sign on a monument base.
A sign advertising a political candidate or party for elective office.
Any sign which projects, either horizontally or vertically, from a building and which has one end attached to that building or other permanent structure.
A sign used to advertise the sale, or lease of a piece of real property.
A sign used to identify a specific residential subdivision.
A sign used for traffic-control purposes.
Any sign attached to the face of a building or incorporated thereon, including windows and doors, to advertise businesses in that building.
(e)
Signs permitted.
A freestanding or attached sign may be erected and maintained upon any commercial or industrial zoned property, unless otherwise prohibited or restricted herein; provided that not more than one (1) freestanding sign shall be erected or maintained upon any premise. Additionally, not more than four (4) attached signs may be attached to or suspended from any building facade, canopy or awning.
(1)
Single-tenant freestanding signs.
The maximum size of any freestanding sign for any use that does not share a common line or lot shall not exceed 150 square feet nor have a luminance greater than 200 footlamberts. A minimum setback of a least five (5) feet from any property line is required. No freestanding sign shall exceed thirty (30) feet in height. Any freestanding sign located in such a manner as to allow the passage of vehicular traffic beneath it shall have a minimum clearance of fourteen (14) feet. Any sign located in such a manner to allow the passage of pedestrian traffic beneath it shall have a minimum clearance of eight (8) feet. Any freestanding sign that does not meet the size, height and setback restrictions will require a variance from the city council.
(2)
Multi-tenant freestanding signs.
The maximum size of any freestanding sign for any use that shares a common line or a common lot shall not exceed 300 square feet nor have a luminance greater than 200 footlamberts. A minimum setback of at least ten (10) feet from any property line is required. No multi-tenant freestanding sign shall exceed thirty (30) feet in height. No multi-tenant freestanding sign shall be located in such a manner as to allow the passage of vehicular traffic beneath it. Any sign located in such a manner to allow passage of pedestrian traffic beneath it shall have a minimum clearance of eight (8) feet. Any freestanding sign that does not meet the size, height and setback restrictions will require a variance from the city council.
(3)
Projection signs.
The maximum size of any projection sign shall be forty (40) square feet. The height of any projection sign shall not exceed the height of the roofline of the structure to which the sign is attached. No projection sign shall have a luminance greater than 200 footlamberts. Where a projection sign is placed in such a manner as to project a distance greater than two (2) inches into a private driveway or other private area likely to be used by vehicular traffic or where such sign is placed in such a manner as to allow the passage of vehicular traffic beneath it, the sign shall have a minimum clearance of fourteen (14) feet. Where a projection sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, the sign shall have a minimum clearance of eight (8) feet.
(4)
Construction standards.
All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area; and shall be constructed to receive dead loads as required in the building code of the city.
(5)
Marquee or wall signs.
Such sign faces shall not exceed five (5) square feet per one (1) linear foot of building frontage up to one hundred fifty (150) square feet.
(6)
Balloons, floating devices, banners or searchlights.
All balloons, floating devices, streamers or searchlights shall be sufficiently anchored and shall meet all applicable regulations. Such signs shall be subject to proper maintenance and safety standards. Should such signs be significantly damaged, worn or distracting the city staff may deem the sign unmaintained and order its removal.
(f)
Permit fees for new permanent signs.
The fee for permits shall be based on the square footage of said sign in the following manner: See fee schedule.
If any work is started or proceeded without a permit first being obtained, the above-specified permit fee shall be doubled and paid for the required permit.
(g)
Engineer certification.
Applications for a freestanding sign permit that exceeds thirty-six (36) square feet or exceeds a height of eighteen (18) feet shall require scale drawings showing a site plan location and design of the sign. For all other signs, a design and street location plan, containing the necessary information, shall be submitted to the building official to determine that such sign complies with all the applicable codes and regulations. Wind pressure and dead loads shall be shown where deemed appropriate, and the building official may require structural drawings designed and sealed by a civil engineer registered by the State of Texas when it cannot otherwise be determined that the sign will be structurally sound.
(h)
Signs exempt from permitting procedures.
Permits and required setbacks shall not be required for the following signs, provided, however, that such signs shall otherwise comply with all other applicable sections of this article.
(1)
Temporary political signs.
(2)
Temporary special event signs not exceeding fifty (50) square feet in area and limited to a maximum time period of no more than fourteen (14) consecutive days, with a limit of four (4) events each calendar year, or a maximum time period of no more than forty-five (45) consecutive days with a limit of one (1) event each calendar year. For thirty (30) days following an event, no new temporary special event sign shall be allowed. The location of temporary special event signs must be approved by the building official for safety and setback purposes and, if the adjacent property owners make objections to the sign, the adjacent property owners may appeal any such application to the city council. All such signs must be removed within ten (10) days after the maximum time period allowed.
(3)
Occupational signs not exceeding two (2) square feet in area and denoting only the name and profession, or occupation, in a commercial or public institutional building.
(4)
On-site traffic-control signs not exceeding eight (8) square feet and used primarily to denote entrances and exits, shall not contain advertising or be used for such purpose, and shall not exceed three (3) feet in height.
(5)
Residential real estate signs advertising the sale or lease of an individual residential structure and not exceeding eight (8) square feet.
(6)
Business/industry real estate signs advertising the sale or lease of business/industrial property and not exceeding sixteen (16) square feet.
(7)
Temporary window signs and banners not exceeding the surface area of the window within which it is placed.
(i)
Signs not regulated.
The following types of signs shall be exempt from the permitting provisions of this article. However, regulations regarding sign location in a public right-of-way or public access easement shall apply. It is further specifically provided that the building official may, based upon the size, materials used in construction and other relevant factors, require the owner of any sign to show evidence of structural soundness and compliance with the safety requirements of this article.
(1)
Governmental signs.
Signs erected or maintained pursuant to the discharge of any governmental function; required by law, ordinance, or governmental regulation; or located on property owned, leased or under control of the federal or state government.
(2)
Railway signs.
Signs within or on railway property and placed or maintained in reference to the operation of such railway.
(3)
Utility signs.
Signs marking utility or underground communication or transmission lines.
(4)
Vehicle signs.
Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer, or aircraft on which such sign is displayed is permanently stationed for a period of seventy-two (72) continuous hours or more, or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft.
(5)
Signs not visible from street.
Signs where no part of such sign is visible from any public street.
(6)
Holiday signs.
Temporary signs containing only holiday messages and no commercial advertising.
(7)
Signs on persons.
Handheld signs or signs, symbols or displays on persons or animals.
(8)
Unused signs.
Signs being manufactured or transported, and/or properly and safely stored, and not being used, in any manner or form, for purposes of advertising.
(9)
Plaques.
Commemorative plaques of recognized historical societies and organizations.
(10)
Private traffic control.
On-site signs which direct the movement of traffic on private property or warn of obstacles, overhead clearances or control parking. The sign must be less than ten (10) feet in width, less than six (6) feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians.
(11)
Mailboxes and newspaper racks.
Signs located on mailboxes, newspaper vending machines and curbside residential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed to; provided that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic.
(12)
Signs on outdoor machines, devices and equipment.
Signs located on outdoor machines, devices, or equipment which display the trademark, trade name, manufacturer, cost of operating or service instructions or similar information, but do not advertise the business where located. This exemption includes, but is not limited to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automatic vacuum cleaners, amusement rides and similar machines, devices or equipment.
(13)
Athletic fields.
Signs located on the field side of scoreboards and fences of athletic fields.
(14)
Historic signs.
Any historic designation signs not primarily advertising a commercial use.
(j)
Permit required; application and issuance.
(1)
Permit required.
It shall be unlawful for any person to erect or relocate any sign within the city without first obtaining a sign permit from the building official unless such sign is exempted by this article.
(2)
Permit application.
Application for permits shall contain or have attached thereto the following information:
(A)
Name, address, and telephone number of the applicant.
(B)
Location of the building, structure, or lot on which the sign is to be attached or erected.
(C)
Two (2) sets of plans shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences, and sidewalks.
(D)
Two (2) blueprints or ink drawings of the plans and specifications showing method of construction, attachment to the building or ground, size, type, height, construction materials, and such other materials, and such other information as the building official may require. The building official may require plans to be prepared by a registered professional engineer who is registered by the State of Texas or an architect licensed by the State of Texas.
(E)
Copy of stress sheets and calculations showing the structure as designed for dead load and wind pressure in any direction in the amount required by this article, and all other laws and codes of the city.
(F)
Name of person, firm, corporation, or association erecting structure.
(G)
Any electrical permit required and issued for said sign.
(H)
Zoning classification carried by the property.
(I)
Estimated value of the sign.
(J)
Such other information as the building official shall require to show full compliance with this article and all other laws and codes of the city.
(3)
Permit issuance.
It shall be the duty of the building official, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect a sign. If it appears that the proposed structure is in compliance with all the requirements of this section, the building code, and all other laws and ordinances of the city, the building official shall then issue the sign permit. If the work authorized under a sign permit has not been completed within sixty (60) days after issuance, the said permit shall become null and void.
(k)
Illuminated signs.
The electrical inspector may only approve an application for an illuminated sign if the sign is to be installed on property zoned commercial or higher. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the electrical inspector. The electrical inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the electrical code of the city. In addition, all illuminated signs shall bear the Underwriters’ Laboratory label or be built to comply with the Underwriters’ requirements. The electrical inspector shall approve said permit if the plans and specifications therefor comply with the requirements of this article, and shall disapprove the application if noncompliance is found. Approval by the electrical inspector must be obtained prior to the approval and issuance of any sign permit by the building official.
(l)
Maintenance and removal.
(1)
Maintenance required.
All signs shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust-resistant material, and shall be maintained in good condition and appearance. Any owner failing to maintain, repair, or remove any such sign after due notice has been given shall upon conviction be guilty of a misdemeanor.
(2)
Inspection of signs.
The building official shall be notified by permittee when erection of the sign is complete, and the official shall make an inspection to determine if the sign conforms to the permit. The building official at such times as he/she deems necessary, shall inspect each sign regulated by this section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.
(3)
Removal of unsafe and unlawful signs.
If the building official shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, or is abandoned or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of this section, or is not permitted as required herein, he/she shall take action as follows:
(A)
Except as provided in the following paragraphs (B) and (C), the building official shall give the sign or property owner written notice to repair, remove or obtain a permit for such sign as applicable within ten (10) days after such notice. If the sign or property owner fails to remove, repair, or obtain a permit for such sign so as to comply with all applicable standards and regulations, the building official shall cause the sign to be either removed or repaired and such cost shall be charged to and paid by the property owner. If such demolition or repair expenses are not paid by the property owner within thirty (30) days of such billing, then such expenses shall constitute a valid lien against the property. Such notice shall also provide the sign or property owner an opportunity to bring the sign into compliance or to request a hearing before the city council to determine whether the sign should be repaired or removed. Such appeal must be filed in writing with the city secretary within ten (10) days of the notice. After consideration of all facts, the city council shall rule upon the appeal.
(B)
The building official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(C)
Any sign located in public right-of-way may be immediately removed by anyone without notice to the owner.
(m)
Sign standards.
Signs are to comply with applicable law. All signs erected or maintained within the city shall be erected and maintained in compliance with all applicable state laws and with this section and article, the city’s building code and the electrical code. In the event of conflict between this section and other laws, codes or ordinances, the most restrictive standard shall apply.
(n)
Signs allowed without permit.
(1)
Sale or lease signs.
Any realtor or property owner may erect a sign for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions:
(A)
Signs advertising the sale or lease of nonbusiness property shall not exceed eight (8) square feet in area nor five (5) feet in height from ground level.
(B)
Signs advertising the sale or lease of a business property shall not exceed sixteen (16) square feet in area nor eight (8) feet from ground level.
(2)
Garage or yard sale signs.
Any person may erect a sign on his own property, or property of another with the owner’s permission, for the purpose of advertising a garage or yard sale. Name, date and address must be shown on the sign, however such signs shall be removed within twenty-four (24) hours of the sale.
(3)
Handbills and circulars.
Handbills and circulars are prohibited except that hand-delivered to individual persons is allowed.
(4)
Political signs.
Political signs may be erected on any private property; provided, that such signs comply with other applicable requirements of this section.
(5)
Temporary construction signs allowed.
Temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution may be erected on such site of the proposed business. However, only one (1) construction sign and one (1) future location sign will be permitted on such location. No such sign shall exceed thirty-two (32) square feet in area nor extend higher than fifteen (15) feet; provided, that such signs must be located on the premises where construction, or business location being advertised, is or will be occurring. Said signs shall be removed upon issuance of an occupancy permit.
(6)
Homebuilders and subdivision sign allowed.
Except as and to the extent provided and limited in another ordinance of the city applicable to homebuilder and subdivision signs, freestanding signs for the purpose of identifying the location of or direction to subdivisions or major homebuilders sites are allowed. Such signs shall be on-site and shall not exceed sixty (60) square feet in area nor extend higher than fifteen (15) feet in height. A homebuilder with ten (10) lots or more qualified as a major homebuilder. The signs permitted for each subdivision or major homebuilder site shall be removed upon completion of the project. No such sign shall be located closer than one hundred (100) feet to a residential dwelling not within the subdivision.
(o)
Commercial signs.
No commercial sign shall be erected on any undeveloped lot or land.
(p)
Nonconforming signs prohibited.
Nonconforming signs erected or installed after the date of this article are prohibited and shall be removed. Signs substantially similar to, or imitating, traffic or emergency signs are prohibited at any location at which they may be seen from the travel lanes of any public roadway.
(q)
Signs in right-of-way prohibited.
No sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit vehicular signs as long as such comply with other provisions of this section; nor to prohibit the carrying or display of signs by a person or persons as long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances.
(r)
Certain signs prohibited on public property.
No person shall attach any sign, paper, or other material or paint, stencil, or write any name, number or otherwise mark on any sidewalk, curb, gutter, street, tree, or utility pole located on public property or within the public right-of-way, public building, public fence or public structure. This section shall not prohibit the posting of governmental signs, local school spirit signs/emblems or the painting or attachment of street address numbers to curbs.
(s)
Nonconforming signs.
It is the declared purpose of this section that, in time, all privately owned signs shall either conform to the provisions of this section or be removed. By the passage of this article and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this article and all other ordinances of the city.
(1)
Any sign which does not conform to all provisions of this article but which existed on the effective date of this section and was lawfully constructed or installed shall be considered as a nonconforming sign. All nonconforming signs shall be permitted in the same manner as any other legally existing sign or proposed sign; provided that no sign that was constructed or installed in violation of any state or local law, or that was originally constructed or installed without a permit that was then required at such time, shall be or qualify as a nonconforming sign.
(2)
Whenever any nonconforming sign no longer advertises a bona fide business or a business which has moved away or closed, a product sold, or service rendered, such sign shall be removed within sixty (60) days. If the nonconforming sign is a wall sign, the wall sign shall be removed or painted over with a color that resembles or matches the rest of the wall of the building. If the owner of, or person responsible for the sign, or if the tenant closing a business, fails to remove the abandoned sign or paint over the wall sign, the owner of the premises shall be held responsible and the work shall be done within thirty (30) days following written notice to do so by the building official.
(3)
No nonconforming sign may be enlarged or altered in a way which would increase its nonconformity.
(4)
Should any nonconforming sign be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this article.
(t)
Variances.
The city council shall be empowered to vary the provisions of this section if it appears that the provisions would work in manifest injustice, considering such factors as the sign location and other pertinent factors. Such decision of the council should not however conflict with the spirit of this article, which is one of safety, provision of adequate light, open space and air, conservation of land and building values and to encourage the most appropriate use of land. All variances to these sign regulations will require a conditional use permit and a two-thirds vote of the city council to approve the variance.
(Ordinance 2021-08-09(7F), ex. A, adopted 8/9/21)
§ 14.02.124 Conditional use permits.
(a)
Purpose.
The city council may by ordinance, adopted by four affirmative votes after receiving the recommendation of the planning commission, grant a conditional use permit in compliance with this section for the conditional uses as listed in section 14.02.072 "allowed use table." All applicable uses to receive a conditional use permit within this table are listed with the letter "C." The city council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.
(b)
Procedure.
Before authorization of any conditional use, public notice shall be given and public hearings shall be held as required by the Texas Local Government Code. The city council shall receive a report and recommendation from the planning commission concerning the effect of the proposed use on adjacent neighboring properties.
(1)
Permit required.
No conditional use shall be established, operated, or maintained except as authorized by a conditional use permit issued in accordance with the requirements of this section.
(2)
Conditional use permit issued by city council.
A conditional use permit may be issued only for the conditional uses specified in the allowed use table, and only for the district where it is authorized.
(3)
The city council shall determine whether the proposed conditional use complies with each of the general criteria in subsection (c) of this section and with each of the criteria for the district applicable to the proposed use and shall make separate findings thereon or adopt the findings made by the commission.
(4)
The city council may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria.
(5)
Application.
An application for a conditional use permit shall be made in writing in a form prescribed by the city secretary and shall be accompanied by such information as may be requested in order to properly review the proposed use. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data.
(c)
General criteria applicable to all special uses.
A proposed conditional use permit must comply with all the following criteria:
(1)
The appearance, size, density and operating characteristics of the proposed conditional use are compatible with the surrounding neighborhood and uses;
(2)
The proposed use will not have an adverse effect on the value of surrounding properties nor impede their proper development;
(3)
The proposed use will not create a nuisance factor nor otherwise interfere with a neighbor's enjoyment of his property or operation of his business;
(4)
The traffic that the proposed use can reasonably be expected to generate on existing streets will not create nor add significantly to congestion, a safety hazard, or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood; and
(5)
The proposed use complies with all other applicable ordinances and regulations.
(Ordinance 2005-09-19(4A), ex. A (12.144), adopted 9/19/05; Ordinance 2025-05-12(11) adopted 5/12/2025)
§ 14.02.125 Nonconforming uses.
(a)
General policy.
The general public, the city council and the commission are directed to take note that nonconformity in the use and development of land and buildings are to be avoided, or eliminated where now existing, whenever and wherever possible, except:
(b)
Nonconforming structures.
Where a lawful structure exists on the effective date of the adoption or amendment of the zoning ordinance, that could not be built under the terms of the zoning ordinance or amendment thereto by reason of added restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1)
Buildings existing within the setback area established herein on the effective date of this article may continue to exist therein until the building or portion thereof is removed by the owner or reconstructed outside of the setback. Where a building was lawfully constructed under a prior zoning ordinance, it may be rebuilt on the same footprint. Under no circumstances may the building be enlarged or rebuilt within five feet of the property line.
(c)
Nonconforming uses.
A nonconforming use is the use of the property prior to the passage of the zoning ordinance or amendment thereto that is legal but inconsistent with the use authorized in the zoning district that the property is located within upon the adoption of the zoning ordinance or an amendment thereto. The nonconforming use may be continued as long as it remains otherwise lawful and is not discontinued, subject to the following provisions:
(1)
No existing structure devoted to a nonconforming use shall be enlarged, extended or constructed. Any extensions or alterations of the structure may only be for uses conforming to the applicable zoning district.
(2)
If the person in control of a property with a nonconforming use decides to change the use, the use shall only be changed to a use permitted in the district in which it is located.
(3)
A nonconforming use that has been discontinued may be resumed only if there has been no other use of the premises or structure since the nonconforming use was discontinued, and such use was not discontinued for a period of six months or more. Termination of water or wastewater services for six months shall be a presumption that the nonconforming use was abandoned.
(d)
Repairs and maintenance.
On any nonconforming structure, or nonconforming portion of a structure, containing a nonconforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the electrical, plumbing and building codes; provided that such repairs and maintenance shall be subject to the following conditions and limitations:
(1)
No work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-loadbearing walls, fixtures, wiring or plumbing, to an extent exceeding fifty (50) percent of the current replacement cost of such structure or nonconforming portion of such structure.
(e)
Site development.
Occupied property not in compliance with the screening, landscaping or other such site requirements, shall not be required to comply with additional requirements added by amendments to the zoning ordinance until the use of the property is changed or the primary structure is enlarged. Site development for property with existing structures may require approval of deviations from the zoning ordinance. Any property required to revise screening, landscaping or other exterior site development may request deviations if the location of the previously approved structures and impervious cover interferes with compliance with the site development requirements. The property owner will be required to have a site development plan approved noting each deviation requested. As an example, if a commercial building exists at the time of an amendment to the zoning ordinance which adds the requirement that a commercial property have screening in the form of a privacy fence at the rear of the property, the structure and use may continue without complying with the new screening requirements until (i) the commercial use is enlarged; or (ii) the type of commercial use is changed; at such time the property owner may demonstrate that the location of the building and the existing pavement will not support placement of a privacy fence in compliance with the ordinance but showing in a site plan the closest the property owner can come to complying with the privacy fence requirements. The approved site plan shall remain the approved location for screening, landscaping and other site development requirements until such time as (i) the use is changed or otherwise loses a nonconforming status; or (ii) the use or structure are enlarged.
(f)
Manufactured homes in R-1.
Where a manufactured home was lawfully placed on a single-family lot that is currently zoned R-1, R-1E or R-1C, the owner may replace the home with another manufactured home that meets current city standards with regard to age, condition and installation.
(Ordinance 2005-09-19(4A), ex. A (12.145), adopted 9/19/05)
§ 14.02.126 Sexually oriented businesses.
(a)
Purpose and intent.
It is the purpose of this section of the zoning code to regulate sexually oriented businesses to promote the public health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials.
(b) Adult arcade. Adult bookstore or adult video store.(1) (2) (3) (A) (B) Adult cabaret.(1) (2) (3) Adult motel.(1) (2) (3) Adult motion picture theater. Adult theater. Escort. Escort agency. Establishment.(1) (2) (3) (4) Nude model studio. Nudity or a state of nudity. Permittee. Person. Semi-nude. Sexual encounter center. Sexually oriented business. Specified anatomical areas. Specified sexual activities.(1) (2) (3) (4) Substantial enlargement of a sexually oriented business. Transfer of ownership or control of a sexually oriented business.(1) (2) (3)
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact disc visual discs, digital visual discs, computer pictures, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as either:
Two percent (2%) or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or
Two percent (2%) or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment that regularly features:
Persons who appear in a state of total nudity or semi-nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; including those that have a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than ten (10) hours or based on an hourly rate; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours or based on an hourly rate.
Commercial establishments where, for any form of consideration, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity and/or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a body rub, bathing of the body, or striptease for another person for the purpose of sexual arousal.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Any of the following;
The opening or commencement of any sexually oriented business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.
A person in whose name a special use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.
An individual human, partnership, co-partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
A state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the breast, as well as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary business purposes, offers any of the following for consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more internal portion of the female genitals.
Any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed on the effective date of this article, or under a certificate of occupancy therefor.
Any of the following:
The sale, leasing or subleasing of the business;
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(d)
Location.
This article allows the opportunity for consideration of special use permits to be issued for sexually oriented businesses in the Industrial District zoning districts only.
(1)
The following uses may be permitted within the city by special use permit only in the Industrial District zoning district.
(2)
No use listed in subsection (d)(1) above shall be established within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(A)
A church, chapel, or other regular place of religious worship;
(B)
A public or private day care, elementary, secondary school or institute of higher learning;
(C)
A boundary of any residentially zoned district;
(D)
A public park, library, or playground;
(E)
The property line of a lot used for residential purposes; or
(F)
Within one thousand (1,000) feet of another sexually oriented business, whether located within or outside of the city limits.
(3)
For the purpose 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 as described in (d)(2) above; or to the nearest boundary of any residentially zoned district; or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
(4)
For the purposes of this section, if sexually oriented businesses cannot be located within a minimum of 3% of the existing zoning districts within the city limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this section, the city will upon written request from an applicant review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of 3% of the city-wide zoning, cumulatively within the city limits, can be occupied by a special use permitted sexually oriented business, including all nonconforming use sexually oriented business.
(e)
Sexually explicit films and videos.
(1)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, compact visual disc, digital visual disc, computer picture, slide, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(A)
The application for a special use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.
(B)
The application shall be sworn to be true and correct by the applicant.
(C)
No alteration in the configuration or location of a manager’s station may be made without the prior approval of an amendment to the special use permit.
(D)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(E)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(F)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in the above subsection (E) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A) of this subsection.
(G)
No viewing room may be occupied by more than one person at any time.
(H)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(I)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(f)
Exemptions.
It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B)
Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(g)
Permits.
All sexually oriented businesses located within the city limits must have a special use permit or qualify as a nonconforming use and have a permit to operate as provided herein. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit.
(1)
Permits required.
A commercial establishment that is a sexually oriented business as herein defined, shall at all times of operation within the city limits have a valid permit.
(A)
A person commits an offense if that person conducts business as a sexually oriented business within the city unless a valid special use permit has been issued by the city for the conduct of such business.
(B)
A person commits an offense if that person conducts business as a sexually oriented business within the city limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
(C)
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(2)
Issuance or denial of any permit.
A permit, renewal or transfer permit shall be issued unless one (1) or more of the following conditions exists:
(A)
The applicant has located the sexually oriented business in violation of this article. Unless the business is a nonconforming use as defined herein.
(B)
The applicant(s) failed to supply all of the information required on the application.
(C)
The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The applicant, or any one applicant, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, or of a crime in any state involving:
(i)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(ii)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(iii)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(iv)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(v)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
Any applicant, or any one applicant, refuses to provide a complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official.
(F)
Permit fees are not paid in full.
(3)
Application requirements.
Initial permit requests for a special use permit require each owner, having 10% or more interest in the sexually oriented business, to submit a complete application and to update the application as changes in ownership occur (herein the “applicant” or “permittee”). The information required in this subsection must be provided with each application and, as changes occur, updated information within ten (10) days of any change in the information required in the application.
(A)
The following information must be provided on the application form:
(i)
The name, street address (and mailing address if different) of the applicant and each and every owner with greater than 10% ownership interest;
(ii)
Two copies each of recent photographs of the applicant showing full face and each side face profile;
(iii)
A complete set of fingerprints on forms from the police department;
(iv)
A complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official;
(v)
The applicant’s driver’s license number, social security number, and, if applicable, his/her state or federally issued tax identification number;
(vi)
The name under which the establishment is to be operated and a general description of the services to be provided;
(vii)
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business’s assumed name and (b) submit the required registration documents;
(viii)
Whether the applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in subsection (g)(2)(D) of this section and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;
(ix)
Whether the applicant has had a previous license or special use permit under this article or other similarly sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or special use permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose license or special use permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or special use permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;
(x)
Whether the applicant holds any other license or special use permit under this article or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
(xi)
The address, and legal description of the tract of land on which the establishment is to be located;
(xii)
If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the license or special use permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the special use permit is sought; and
(xiii)
If the establishment is not in operation, the expected startup date (which must be expressed in number of days from the date of issuance of the special use permit). If the expected startup date is to be more than ten days following the date of issuance of the special use permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the construction, repair or remodeling work.
(B)
All applications for a special use permit must include the following:
(i)
If the establishment is a State of Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
(ii)
If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.
(iii)
If the establishment is a limited partnership formed under the laws of the State of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto.
(iv)
If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
(v)
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed along with the current address(es) and telephone number(s) of the owner(s).
(vi)
If the person(s) identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of the establishment together with the correct address and telephone number of each person with an ownership interest in the property.
(vii)
If the property is owned by other than a natural person, the complete name, address and telephone of each person with an interest in the entity must be included in the application.
(viii)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established use listed in subsection (d)(2) of this section within 1,000 feet of the property to be certified. For purposes of this section, a use is considered existing or established if it is in existence at the time an application is submitted.
(ix)
The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale no smaller than 1/4 inch equals one foot and with marked dimensions of the placement of the building on the tract of land, and the interior of the premises to an accuracy of plus or minus six inches. All locational requirements must be approved by the building official within 60 days from the time the application is filed.
(x)
Any of items (i) through (ix) above will not be required for a renewal application if they were previously presented and the applicant states that the documents previously furnished to the building official with the original application or previous renewals thereof remain correct and current.
(C)
Every application for a special use permit must contain a statement made under oath that:
(D)
The applicant for a sexually oriented business special use permit must be qualified according to the provisions of this article.
(E)
If the applicant who wishes to operate a sexually oriented business is an individual, that individual must sign the application for a special use permit as applicant. If the applicant who wishes to operate a sexually oriented business is other than an individual, each individual who has greater than a 10% interest in the business must sign and provide all the information required by the application for a special use permit as an applicant and will be considered an operator if a special use permit is granted.
(F)
The fact that a person possesses any other valid license, certificate or permit required by law does not exempt him from the requirement of obtaining a sexually oriented business special use permit. A person who operates a sexually oriented business and possesses another business license, certificate or permit must comply with the requirements and provisions of this article as well as the requirements and provisions of the law concerning the other license, certificate or permit.
(G)
All applications must include a nonrefundable application fee of $2,500.00. An application will not be considered to have been filed until all applicable fees are paid and all information required by the application form has been submitted.
(H)
The applicant must supplement an application with new information received after the date the application was deemed completed. Permittees must supplement application information within ten (10) days of any change in information provided in the application.
(I)
All sexually oriented businesses located within the city and in operation as a lawful use conforming to the zoning ordinance before the effective date of this article are granted a one-time waiver of the application fee. Upon satisfactory completion of the application and surrender of the existing business’s current certificate of occupancy, a new special use permit will be issued.
(J)
A copy of all applications and supporting documentation for special use permits will be maintained by the building official.
(K)
Upon receipt of an application or supplemental information, the building official will review the application to determine if all required and necessary information has been submitted. The building official will issue a letter within a reasonable time after receipt of the application or supplemental information and advise the applicant whether supplemental information must be submitted. The applicant must provide any supplemental information within 30 days or the application will be returned and the filing fee forfeited.
(4)
Public notice of pending application.
(A)
After the building official has issued a letter advising the applicant that the application is complete, the building official will cause signs (at least 24 inches by 36 inches in size) to be placed on the property subject to the proposed special use permit of occupancy that provide notification by specifically stating, with letters at least three inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING.” All lettering on the signs other than above described, will be at least 1 and 1/2 inches x 2 inches in size for each letter on the sign. The sign will also include the name, city and state of residence of each applicant, the date on which the application was filed, and the time and place of the hearings. The signs will be placed on the property in sufficient quantities and locations to identify the property as being subject to a proposed sexually oriented special use permit of occupancy. One sign will be erected on each lot corner to identify the boundaries of the property in addition to one sign for each 300-foot increment of each public road or highway frontage on the property existing or any part thereof. The signs will be erected within seven days after the building official has issued a letter advising the applicant that the application is complete and will remain erected until the application has been approved or denied by the city council.
(B)
The city will give notice of the application and scheduled public hearings by publication in two consecutive issues of the city’s official newspaper. The notices will be printed in 10-point boldface type and will:
(i)
Include the fact that a sexually oriented business special use permit has been applied for;
(ii)
Include the exact location, including the street address, of the place of business for which the certificate is sought;
(iii)
Include the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;
(iv)
Include, if the applicant is a corporation, the names and titles of all officers, directors and shareholders of 10% or more of the corporation;
(v)
Include the dates and times of the public hearings; and
(vi)
Be published at least 15 days before each public hearing.
(5)
Renewal of permit.
Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all persons having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.
(6)
Permit transfers.
A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
(7)
Revocation of permit.
Any violation of this article shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
(A)
The permittee(s) have located the sexually oriented business in violation of this article. Unless the business is a nonconforming use as defined herein.
(B)
The permittee(s) failed to supply all of the information required on the application.
(C)
The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The permittee, or any one permittee, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(i)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(ii)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(iii)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(iv)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(v)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
More than four criminal offenses are committed on the permitted premises in any consecutive twelve-month period which fall in one or more of the following categories:
(i)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(ii)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(iii)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
(iv)
Facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(F)
Any person under the age of eighteen, not otherwise permitted by the laws of Texas to view the material contained on the premises is permitted to enter the premises.
(8)
Appeal.
All denials and revocations of permit applications and renewals must be appealed to the city council.
(A)
If an application for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to appeal to the decision to the city council.
(B)
The appeal of a revocation of a permit to the city council shall abate the revocation of the permit until such time as the city council may hold a public hearing.
(9)
Permit fee.
Each application for a permit, including renewal or transfer, shall be accompanied by a $2,500.00 application fee. In addition to the fees required for an initial license, the applicant at the time of making an initial application shall pay a nonrefundable fee of $750.00 for the city to conduct a survey to ensure the proposed sexually oriented business is in compliance with the location restrictions set forth in subsection (d) of this section. Additionally, for each applicant identified thereon, there shall be an additional $25.00 fee.
(h)
Specific violations.
(1)
A person commits a misdemeanor if he or she:
(A)
Operates or causes to be operated a sexually oriented business without a special use permit. All sexually oriented businesses shall be located within the Industrial District zoning district unless such business qualifies as a nonconforming use.
(B)
Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.
(C)
Operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(i)
A church, chapel, or other regular place of religious worship;
(ii)
A public or private day care, elementary, secondary school or institute of higher learning;
(iii)
A boundary of any residentially zoned district;
(iv)
A public park, library, or playground; or
(v)
The property line of a lot used for residential purposes.
(D)
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.
(E)
Causes or permits the operation, establishment or maintenance of more than one sexually oriented business, as defined herein, 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.
(2)
For the purpose of subsection (h)(1)(C) 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 in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises described in subsection (h)(1)(C).
(i)
Nonconforming uses.
(1)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 10 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 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 is nonconforming.
(2)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a special use permit for a sexually oriented business, of a church, public or private day care, elementary or secondary school, institute of higher learning, public park, library, or playground, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.
(3)
All nonconforming sexually oriented business uses in existence at the time of passage of this article within the city limits shall have sixty (60) days to apply for a permit to operate such sexually oriented business.
(Ordinance 2005-09-19(4A), ex. A (12.146), adopted 9/19/05)