(a)

Purpose. The purposes of these temporary use regulations are to:

(1)

Provide for appropriate, limited activities which are not typically permanent uses;

(2)

Facilitate construction and moving activities through the responsible placement of temporary buildings and containers;

(3)

Promote entrepreneurship and activate commercial areas through the safe and orderly operation of mobile vending units, seasonal sales, and special events on private property; and

(4)

Protect the desired character of neighborhoods surrounding temporary uses.

(b)

Applicability. These provisions apply to the conduct of business or other activities from a fixed location on private property. Temporary uses typically do not exceed 30 days or the duration of a single project or event. Temporary uses include the following:

(1)

Construction facilities.

(2)

Garage sales.

(3)

Mobile (itinerant) vendors.

(4)

Seasonal outdoor sales.

(5)

Special events.

(c)

Exemptions. These provisions do not apply to:

(1)

Outside display and storage as regulated elsewhere in this title.

(2)

Outdoor sales as a primary use.

(3)

Company picnics or other gatherings for employees and their families.

(4)

Grand opening celebrations.

(5)

Events sponsored by a public agency or occurring on public property.

(6)

Facilities related to public infrastructure projects.

(7)

Itinerant vendors operating on the First Monday Trade Days site during a designated First Monday Trade Days weekend. Such vendors shall register with the director of parks, recreation, and special events and pay the required fee to operate as a First Monday Trade Days vendor.

(d)

Construction facilities.

(1)

Applicability. Storage of materials used for construction of a building, including the contractor's temporary office (excluding public works projects).

(2)

Construction yard or office requirements.

a.

Construction yards shall be located on the building site or immediately adjacent thereto. Approved construction yard use shall be permitted only during the construction period and 30 days thereafter.

b.

When not attended construction yards shall be secured from entry by children and general public.

c.

All materials, dirt, drainage, and runoff shall be kept inside construction yard.

d.

Construction yards shall have a sign with the name and contact information of the person responsible for the yard and the construction site.

e.

Construction yards prohibited in public right-of-way unless approved in writing from City of Weatherford engineering department.

f.

Real estate sales offices during the development of residential subdivisions in which the office is located until 80 percent of the building permits of the platted lots in the subdivision are issued.

(3)

Temporary portable storage containers.

a.

Applicability. Temporary buildings and temporary building material storage areas to be used for construction purposes only, may be permitted in accordance with a permit issued by the building official and subject to periodic renewal by the building official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices/buildings and material storage areas shall be removed to the satisfaction of the building official.

b.

Requirements. Temporary portable storage containers may be permitted with a temporary container permit in accordance with the following stipulations:

1.

A temporary container permit must be applied for by the owner of the property upon which the portable storage container is proposed to be located. The application shall require an exhibit showing the proposed location for the structure and the duration of its intended use. The permit application and associated fees shall be submitted through the offices of planning and development.

2.

Temporary portable storage containers shall not be permitted on lots without a main structure.

3.

No portable storage container shall have dimensions greater than 16 feet in length, eight feet in height or eight feet in width, nor contain more than 1,024 cubic feet.

4.

All portable storage containers shall be in a condition free from rust, peeling paint, and other forms of deterioration.

5.

All portable storage containers must include a "placard" not less than one square foot which is clearly visible from the right-of-way which includes the container identification number, date of its placement on the property, date that removal will be required, permit number, and local telephone number.

6.

Portable storage containers shall only be located on an improved surface.

7.

Portable storage containers shall not be placed in required landscaped areas, open areas, retention basins, drive aisles, fire lanes, loading zones, required parking spaces, or other locations that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

8.

Portable storage containers shall be a minimum ten feet from any property line.

9.

Portable storage containers shall be allowed for no more than a total of 15 days in any consecutive six-month period, unless the property owner has a valid remodel permit or seasonal portable container permit, at which time the unit may remain on the property for the duration of the permit. No more than one portable storage container shall be allowed per site.

10.

When not attended containers shall be secured from entry by children and general public.

11.

Hazardous material shall not be stored in these containers. Such materials may be identified, reviewed, and determined to be hazardous by the City of Weatherford Fire Marshall.

(e)

Garage sales.

(1)

Applicability. These regulations apply to all residential garage sales, block sales, and estate sales as defined herein.

(2)

Requirements.

a.

Garage sales as defined, shall be:

1.

Allowed in any residential zoning district and commercial district that has an existing residential use.

2.

Limited to two per year per residence address.

3.

Shall not exceed three consecutive days per sale.

4.

Shall be limited to daylight hours only.

b.

No permit is required, unless otherwise specified, to conduct a garage sale that meets the following requirements:

1.

Only used personal property which is owned, utilized, or maintained by an individual or members of a residence or family and acquired in the normal course of living in or maintaining a residence may be sold.

2.

New merchandise or merchandise which was purchased for resale or obtained on consignment may not be sold at a garage sale, as defined.

3.

No personal property or garage sale items can be displayed in the public right-of way, on a sidewalk or in the parkway or street.

c.

Garage sale signs are allowed subject to the sign code, and to the following:

1.

Two signs are permitted, not to exceed two square feet, upon the property where the sale is taking place.

2.

No more than four directional signs, not larger than two square feet, may be placed on private property with the owner's consent.

3.

In no case shall signs be placed in any public right-of-way or nailed or attached to public signs or utility poles.

4.

Garage sale signs may be posted 24 hours before the sale but must be removed within 24 hours after the sale.

(f)

Seasonal outdoor sales.

(1)

Requirements. These temporary uses shall be permitted as follows:

a.

They shall only be permitted in the agricultural, commercial and industrial districts.

b.

The duration of a seasonal outdoor sales event shall not exceed two events per year for each property. No event shall be allowed for more than 45 days

c.

Adequate parking and sanitary restroom facilities shall be made available to the public.

d.

All sites will meet minimum codes for building, fire and life safety.

e.

No tent or similar structure shall be erected in any required setbacks or easements. Tents shall conform to the appliable fire code and building codes and no tent shall be erected without first obtaining a permit.

(g)

Special event.

(1)

Applicability. These regulations apply to all events conducted wholly or partially on public property. Special events includes parades, festivals, protests, marches, marathons, demonstrations, concerts, ceremonies, carnivals/circus, fairs, fireworks/pyrotechnics, and/or processions.

(2)

Requirements. All special events as defined in this ordinance shall require the completion and submittal of a special events application to the department of parks, recreation, and special events.

(h)

Temporary buildings.

(1)

Temporary buildings and temporary building material storage areas, to be used for construction purposes only, may be permitted in accordance with a permit issued by the building official and subject to periodic renewal by the building official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices/buildings and material storage areas shall be removed to the satisfaction of the building official.

(2)

Temporary portable buildings, including overseas shipping containers, cargo or freight containers, portable on demand storage (PODS), and portable storage units (PSUs), may be permitted with a temporary container permit in accordance with the following stipulations:

a.

A temporary container permit must be applied for by the owner of the property upon which the portable storage container is proposed to be located. The application shall require an exhibit showing the proposed location for the structure and the duration of its intended use. The permit application and associated fees shall be submitted through the offices of planning and development.

b.

Temporary portable storage containers shall not be permitted on lots without a main structure.

c.

No portable storage container shall have dimensions greater than 16 feet in length, eight feet in height, or eight feet in width, nor contain more than 1,024 cubic feet.

d.

All portable storage containers shall be in a condition free from rust, peeling paint, and other forms of deterioration.

e.

All portable storage containers must include a "placard" not less than 1 square foot that is clearly visible from the right-of-way, which includes the container identification number, date of its placement on the property, date that removal will be required, permit number, and local telephone number.

f.

Portable storage containers shall only be located on an improved surface.

g.

Portable storage containers shall not be placed in required landscaped areas, open areas, retention basins, drive aisles, fire lanes, loading zones, required parking spaces, or other locations that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

h.

Portable storage containers shall be a minimum ten feet from any property line.

i.

Portable storage containers shall be allowed for no more than a total of 15 days in any consecutive six-month period, unless the property owner has a valid remodel permit or seasonal portable container permit, at which time the unit may remain on the property for the duration of the permit. No more than one portable storage container shall be allowed per site.

j.

When not attended, containers shall be secured from entry by children and general public.

k.

Hazardous material shall not be stored in these containers. Such materials may be identified, reviewed, and determined to be hazardous by the City of Weatherford Fire Marshall.

l.

A seasonal portable container permit may be applied for during the months of October through December, allowing up to five storage containers per site. This permit and associated fees shall be required to be updated annually. All other requirements stated above must be met by all portable storage containers.

(a)

Purpose. The purposes of the food truck and food truck court standards are to:

(1)

Promote entrepreneurship and activate commercial areas through the safe and attractive use of food trucks on private property; and

(2)

Protect the desired character of neighborhoods surrounding food truck courts.

(b)

Applicability.

(1)

Food trucks. These regulations apply to food trucks conducting business within the corporate limits of the City of Weatherford.

(2)

Food truck courts. Food truck court standards apply whenever three or more food trucks are operated upon a single property that has been designated as a permanent food court and shall be met upon approval of a special use permit for the establishment of such a court.

(3)

Exceptions. Operation of food trucks at an approved special event, on City property, including the First Monday Trade Days site, is subject to all requirements, fees, and permits applicable to the event, but is not subject to food truck permit requirements, however a food establishment permit is always required.

(c)

Food truck standards.

(1)

Permits required.

a.

Food establishment permit.

1.

All food trucks must have an approved food establishment permit prior to serving any food within the corporate limits of the City of Weatherford.

2.

A food establishment permit will be issued to all food trucks on a yearly basis after the submission of a food establishment permit application to the planning director. Prior to each yearly renewal, the food truck operator/owner must provide proof to the director of two passed health inspections that occurred during the past 12 months within the State of Texas.

b.

Food truck permit.

1.

All food trucks shall have an approved food truck permit in addition to a food establishment permit to operate on private property for the duration specified on the permit unless operating under an approved special event permit.

2.

Application for a food truck shall be made on a form provided by the Director and shall include all information required thereupon and any applicable fees.

(2)

Quality standards.

a.

Food trucks shall be located only on property for which eating establishments are an approved use.

b.

Food trucks shall be operable vehicles with current registration and verifiable insurance.

c.

Food trucks and all required parking shall be located on an approved all-weather surface adequate to support the anticipated loads and traffic for the intended use. No food truck may be parked on unimproved surfaces such as dirt, grass, or loose gravel.

d.

All sites containing a food truck shall provide a continuous, unobstructed, all-weather surface route to a public street for the food truck as well as other motor vehicles and pedestrians accessing the site.

e.

Parking areas shall not encroach on any public right-of-way, including streets, sidewalks, or multiuse paths or trails. Drive aisles and queueing lanes for onsite circulation and/or maneuvering shall likewise be provided outside of the public right-of-way.

f.

All food truck and parking areas shall be illuminated when operated during any hours between sunset and sunrise and are subject to the performance standards of this title.

(3)

Quantity standards.

a.

A maximum of two permits may be issued for food trucks at one time on any property unless otherwise approved by a special event permit.

b.

Minimum parking requirements. A minimum of two off-street parking spaces shall be provided for each food truck, except that food truck courts shall be required to meet the minimum parking for eating and drinking establishments provided in the parking and loading section of this title. These requirements shall not apply in the CBD Central Business District and CN Central Neighborhood District.

(d)

Food truck court standards.

(1)

The planning director may issue permits for food trucks exceeding two upon a single property through a special event permit or a special use permit for a food truck court.

(2)

The property owner shall apply for a special use permit using a form provided by the development services department and shall include all information required and any applicable fees. The required application shall be supplemented with a site plan, drawn to scale, indicating the location and dimensions of all proposed food trucks or spaces on the site, all required parking spaces, any proposed common dining or activity area, and all other required or proposed elements of the development proposal.

(3)

All quality provisions applicable to food trucks shall also apply to food truck courts.

(4)

Food truck courts shall provide an accessible restroom facility that is available to all vendors and patrons during all hours of operation. The facility may be located in a permanent structure on the same or adjacent site if an executed agreement is provided in a form acceptable to the city attorney.

(5)

Food truck courts shall provide a common dining or activity area of sufficient size and seating to accommodate the proposed number and type of vendors onsite. The common area shall be closed and all exterior furniture and features secured outside of business hours.

(6)

Minimum parking requirements for food truck courts shall be determined by the area or number of seats in the common dining or activity area and using the ratio for eating and drinking establishments.

(Ord. No. O2025-15, § 1, 4-22-25)

(a)

Purpose. The purpose of the accessory structures and accessory dwelling units standards is to provide for the appropriate installation and use of accessory structures and accessory dwelling units. These provisions are intended to ensure that accessory structures and accessory dwelling units are installed and used in a manner that protects the character of neighborhoods and commercial districts by requiring consistency with primary structures and compatibility with surrounding structures and uses.

(b)

Accessory structure standards.

(1)

No accessory structure shall be used, configured, erected, or altered except in conformity with all provisions of this section, whether or not a permit is required for its construction.

(2)

No accessory structure may be constructed or used on any lot without an existing primary structure. For purposes of this provision, buildings used for agricultural purposes on properties zoned AG agricultural are not considered accessory structures.

(3)

Accessory structures in residential districts may not be used for commercial purposes.

(4)

Setbacks.

a.

Front yard.

1.

Accessory structures are prohibited in front of a primary structure and in any required front yard setback.

2.

Exception. On properties zoned RL residential lake lot, in-ground swimming pools may be permitted in front yards, subject to site plan approval and subject to all provisions of the flood plain ordinance.

3.

Exception. Hail canopies, shade structures, and other large vehicle covers for commercial uses may be approved in front of primary structures by conditional use permit.

b.

Side yard.

1.

In all locations where building lines, setback lines or side yard lines are shown on recorded plats, the minimum setback or side yard shall be as shown on the plat.

2.

The minimum side yard setback to a street shall be 15 feet.

3.

In all other locations, the minimum side yard setback shall be five feet.

4.

Exception. In-ground swimming pools may be permitted beyond street side yard setbacks or building lines, provided a minimum setback of five feet between any integral part of a pool structure and the rear property line is maintained.

c.

Rear yard.

1.

In all locations where building lines, setback lines, or rear yard lines are shown on recorded plats, the minimum setback or rear yard shall be as shown on the plat.

2.

The minimum rear yard setback to a street or alley shall be 15 feet.

3.

In all other locations, the minimum rear yard setback shall be five feet.

4.

Exception. In-ground swimming pools, sheds smaller than 200 square feet without permanent foundations, and pergolas may be permitted beyond rear yard building lines, provided a minimum setback of five feet between any such shed, pergola, or integral part of a pool structure and the rear property line is maintained.

(5)

Size. Accessory structures must be subordinate to primary structures as follows:

a.

The footprint of the accessory structure's foundation shall be smaller than that of the primary structure on the property.

b.

The total floor area under roof of the accessory structure shall be smaller than that of the primary structure on the property.

c.

The maximum height of the accessory structure, measured from the adjacent grade to the highest point of the accessory structure, shall be lower than the maximum height, measured from the adjacent grade, of the primary structure on the property.

d.

The height of the eaves on the accessory structure shall be equal to or lower than the height of eaves on the primary structure.

(6)

Architectural standards. Accessory structures exceeding 400 square feet are subject to the following standards:

a.

Roof pitch. The roof pitch of the accessory structure shall be consistent with the pitch of the roof plane with the largest area on the primary structure.

b.

Architectural features. When garages, carports, porte cochères, porches, decks, chimneys, and other architectural features or structural appendages are included as part of an accessory structure, these features shall be scaled proportionally to the size of the accessory structure as it relates to the primary structure. Examples of inappropriate features include a deck or porte cochère added to an accessory structure that is larger than any on the primary structure.

(c)

Accessory dwelling unit standards.

(1)

Accessory dwelling units shall be limited to one per lot.

(2)

The minimum lot size for an accessory dwelling unit is 6,000 square feet.

(3)

The primary residence shall be occupied by the property owner.

(4)

Occupancy of the accessory dwelling unit shall be limited to the regulations outlined in the adopted building codes.

(5)

A minimum of one off-street parking space shall be provided for each bedroom in the accessory dwelling unit in addition to the required parking spaces for the primary residence.

(6)

Accessory dwelling units are subject to all standards for accessory structures provided in subsection (b) above.

(7)

In addition to the provisions governing subordination of accessory structures to primary structures, accessory dwelling units must also be subordinate with respect to number of bedrooms and bathrooms (e.g., when a primary dwelling contains three bedrooms and two bathrooms, an accessory dwelling unit on the same lot may contain a maximum of two bedrooms and one bathroom).

(Ord. No. O2022-41, § 2(Exh. A), 11-15-22)

(a)

Purpose. Standards for governing home occupations are set forth to minimize possible impacts on neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of property by owners in the pursuit of home-based businesses while also ensuring reasonable comfort to occupants in neighboring dwellings.

(b)

Requirements. Home occupations shall be permitted as accessory to a residential use provided that they comply with the following requirements:

(1)

Permitted home occupations are typically telephone/internet sales, food cottages permitted by Texas state law, accountants, contractors, photographers, dressmakers, handcrafters, tailors, hairstylists, interior designers, surveyors, clergymen, artists, physicians, licensed massage therapists, authors, consultants, licensed child care providers, and the like.

(2)

The following are prohibited as home occupations:

a.

Clinics, hospitals (including animal hospitals and animal breeding);

b.

Contractor yards;

c.

Tattoo parlors, micro-blading, and the like;

d.

Scrap and salvage services;

e.

Unlicensed massage parlors or any kind of massage performed in a bedroom;

f.

Restaurants (including bars and cocktail lounges);

g.

Rental outlets;

h.

Equipment sales;

i.

Sexually oriented businesses;

j.

Recycling centers (including drop-off recycling collection facilities);

k.

Automotive repair services;

l.

Businesses involving the repair of any type of internal combustion engine, including equipment repair services;

m.

Reserved;

n.

Any kind of gaming or gambling business;

o.

Fireworks or flammable materials of any kind;

p.

Any type of food cottage prohibited by Texas State law; and

q.

Any unlisted uses determined to be prohibited by the planning director.

(3)

The residential character of the dwelling shall not be changed by said use.

(4)

Such use shall be incidental and secondary to the main use of the premises and shall not utilize floor area exceeding 20 percent of the combined gross floor area of the dwelling unit and any accessory building(s) that are used for the home occupation. (In no case shall the combined floor area utilized for a home occupation exceed 500 square feet.)

(5)

The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs.

(6)

Not more than two business-related or patron vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located.

(7)

The operation shall be conducted entirely within the dwelling and/or accessory structure and the hours of operation shall fall between 8:00 a.m. and 8:00 p.m.

(8)

One commercial vehicle, capacity of one ton or less (according to the manufacturer's classification) and less than 22 feet long, may be parked on the property in connection with the home occupation.

(9)

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons (according to the manufacturer's classification).

(10)

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat, or electrical interference beyond what normally occurs within a residential district.

(11)

No signs shall be displayed in conjunction with the home occupation (except as authorized by the sign ordinance) and there shall be no advertising using the home address.

(12)

No outside storage or display is permitted on the property.

(c)

Effect upon existing home occupations.

(1)

Any home occupation that was legally in existence as of the effective date of this ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use. The legal nonconforming use shall be authorized to continue provided that the home occupation use was not in violation of any other local, state, or federal law or regulation on that date. The burden of proof is upon the owner to provide evidence that the home occupation existed prior to these regulations.

(Ord. No. O2025-05, § 7, 1-28-25)

(a)

Applicability.

(1)

These regulations apply to all commercial and amateur communication antennae, support structures, and towers unless exempted below.

(2)

Direct broadcast satellite (DBS) reception devices, broadband radio service provider (formerly multi-channel multi-point distribution service (MMDS)) reception devices, and television broadcast station (TVBS) reception devices as defined by the Federal Communications Commission (FCC) meeting the following requirements do not require a conditional use approval unless mounted on a pole or mast higher than 12 feet above the roofline:

a.

A "dish" antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

b.

An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

c.

In a non-residential zoning district, an antenna that is two meters or less in diameter.

d.

An antenna that is designed to receive local television broadcast signals.

e.

Antennas used for AM/FM radio, amateur ("ham") radio, Citizen's Band ("CB") radio, or Digital Audio Radio Services ("DARS") concealed behind or located within attics, eaves, gutters, or roofing components of the building and do not exceed a height 12 feet above the roofline.

(3)

Communication antennas, support structures, and towers legally installed before adoption of these regulations which could not be built under the terms of this section by reason of restrictions on area, lot coverage, height, yard, site location on the lot, or other requirements concerning the structure, may be continued so long as they remain otherwise lawful, subject to the provisions of this ordinance regarding nonconforming structures.

(4)

Antennae and support structures may be considered as either principal or accessory uses.

(5)

Antenna installations shall comply with all other requirements of this ordinance and the Code of Ordinances of the city with the exception of those specifically cited within this subsection.

(b)

Permit requirements.

(1)

A building permit is required to erect or install an antenna, antenna support structure, and related structures/equipment. All installations shall comply with applicable federal, state, and local building codes and the standards published by the Electronic Industries Association (EIA).

(2)

A Site Plan, shown at a scale of one inch equals 40 feet, shall be submitted along with the building permit application. The site plan shall illustrate:

a.

Property lines and physical dimensions of the property.

b.

Location, heights, dimensions, setbacks, trees (exceeding six inches in diameter, at a point four and one-half feet above the ground) on the lot, and types of existing structures on the property.

c.

Location and size of adjacent buildings and easements within the required fall zone.

d.

Location of the proposed wind system and any accessories.

(3)

Rights-of-way of any adjacent public road.

(4)

Foundation drawings and details with a registered Texas Engineer stamp.

(5)

Tower drawings and details with a registered Texas Engineer stamp.

(6)

Decommission plan.

(c)

Height requirements. Nothing in this section shall be construed to limit the height of communication antennas, support structures, or towers beyond what is sufficient to accommodate amateur service communications. Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the FCC as required by federal law.

(d)

Area, yard, and lot requirements.

(1)

No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to public utility structures that exceed 50 feet in height, or to antennae placed wholly within or mounted upon a building.

(2)

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side, or rear yards.

(3)

Only one amateur antenna/support structure shall be permitted per residential lot, except that a maximum of two satellite dishes may be allowed if both units are no larger than one meter (39 inches) in diameter. Only one will be allowed if it is over one meter in diameter. Satellite dishes in any residential district shall not exceed 12 feet in diameter and must be permitted by the city manager (or their designee).

(e)

Additional regulations.

(1)

All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable federal, state, and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six months or as otherwise required by the applicable regulating authority.

(2)

Antennae (amateur or commercial) shall not create electromagnetic or other interference with the city's and the county's radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception of nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.

(3)

No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas (such as at street intersections or where a private driveway enters a roadway) or a traffic safety problem.

(4)

Safeguards shall be utilized to prevent unauthorized access to an antenna installation. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, such as a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing devices, if utilized, shall be removed immediately following use.

(5)

Temporary antennae shall only be allowed in the following instances:

a.

In conjunction with a festival, carnival, rodeo, or other special event/activity.

b.

In case of an emergency (severe weather, etc.) or a news coverage event.

c.

When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna will needed for more than seven days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.

(6)

Colocation is greatly encouraged by the city.

a.

All new support structures over 50 feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

b.

A support structure which is modified or reconstructed in order to accommodate colocation shall be of the same type, design, and height as the existing structure, and it may be moved on the same property within 50 feet of its original location provided that it is not moved any closer to residentially zoned property. If the structure was allowed by CUP, then its new location shall be within the physical/land boundaries of the CUP. The original support structure shall be removed from the property within 90 days following completion of the new structure.

c.

Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the colocated structure.

(7)

Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side, and rear yard setback requirements, and shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet, and which will attain an ultimate height of six feet at maturity. A six-foot solid masonry wall may be used in lieu of the landscaped screen, provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited and wrought iron or chain link may only be used in conjunction with a landscaped screen as specified above.

(8)

Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as a letter certifying the structural stability of the roof/building, written and sealed by a registered architect or engineer, is submitted to the City Manager prior to any approval of a roof-mounted antenna.

(9)

All commercial signs, flags, lights, and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that lights are not commercial in nature, and provided that lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement.

(10)

Any publicly owned antennae or antenna support structures (public safety communications, etc.) shall be permitted in any zoning district.

(f)

Abandonment.

(1)

A communication antenna, support structure, or tower that is out of service for a continuous 12-month period will be deemed to have been abandoned. The city may issue a notice of abandonment to the owner of a communication antenna, support structure, or tower that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from postmark date. The city shall withdraw the notice of abandonment and shall notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the communication antenna, support structure, or tower has not been abandoned.

(2)

If a communication antenna, support structure, or tower is determined to be abandoned, the owner shall remove the communication antenna, support structure, or tower, at the owner's sole expense, within 60 days of postmark date of the notice of abandonment. If the owner fails to remove the communication antenna, support structure, or tower, the city may pursue a legal action to have the communication antenna, support structure, or tower removed at the owner's expense.

(g)

Decommissioning plan. The permit application must contain a decommissioning plan to ensure the project is properly decommissioned upon abandonment. At a minimum, the decommissioning plan shall include:

(1)

Provisions for the removal of all structures and accessories, within 180 days after facility abandonment.

(2)

Provisions for the restoration of the soil and vegetation within 270 days after abandonment.

(h)

Enforcement.

(1)

The ordinance shall be administered by the director of planning and development (or their designee).

(2)

The director of planning and development (or their designee) may enter any property, for which a building permit has been issued under this ordinance, to conduct an inspection to determine whether the conditions stated in the permit have been met.

(3)

The director of planning and development (or their designee) may issue orders to abate any violation of this ordinance.

(i)

Penalties.

(1)

Any person who fails to comply with any provision of this ordinance, or any building permit issued pursuant to this ordinance, shall be subject to enforcement and penalties as stipulated in the Weatherford City Code.

(2)

Nothing in this section shall be construed to prevent the City of Weatherford from using any other lawful means to enforce this ordinance.

(a)

Purpose. This subsection is to promote the safe, effective, and efficient use of wind energy systems (WES) and to promote the supply of wind energy sources by establishing standards and procedures, by which the installation and operation of wind energy systems shall be governed within the City of Weatherford.

(b)

Permit requirements.

(1)

A building permit shall be required for the installation of any small wind energy system. For wind energy systems which have a rated capacity greater than 100 kilowatts (kW), conditional use approval in accordance with this ordinance shall be required.

(2)

A site plan, showing a scale of one inch equals 40 feet, shall be submitted with the building permit application. The site plan shall include:

a.

Property lines and physical dimensions of the property.

b.

Location, heights, dimensions, setbacks, trees (exceeding six inches in diameter, at a point four and one-half feet above the ground) on the lot, and types of existing structures on the property.

c.

Location and size of adjacent buildings and easements within the required fall zone.

d.

Location of the proposed wind system and any accessories.

(3)

Rights-of-way of any adjacent public street.

(4)

Notice to utility company on grid interconnected system.

a.

No grid interconnected wind energy conversion system shall be installed until evidence has been provided to the City Utilities Director that the appropriate electric power provider has been informed of the customer's intent to install a grid-connected, customer-owned, wind energy system and that the customer's system meets the utility's approved specifications for interconnection.

b.

Off-grid systems are exempt from this requirement.

(5)

Applicant shall provide documentation from the dealer or manufacturer that the wind energy conversion has been successfully operated in atmospheric conditions similar to the conditions within the City of Weatherford. The wind energy system shall be warranted against any system failures reasonably expected in severe weather operation conditions.

(6)

Foundation drawings and details with a registered Texas Engineer stamp.

(7)

Tower drawings and details with a registered Texas Engineer stamp.

(8)

A decommissioning plan meeting the requirements of the subsection shall be submitted with the application.

(c)

Height requirements.

(1)

The maximum height for a wind energy system, measuring from ground level to the tip of a wind generator blade when the blade is at its highest point, shall be limited to a maximum of 66 feet.

(2)

Regardless of the height of the pole, the tip of the blade shall not be located closer to the ground than 12 feet.

(d)

Area, yard, and lot requirements. location and setbacks.

(1)

A wind energy system (WES) may only exist as an accessory structure. A WES shall not be erected on a lot until a primary structure has been constructed or is under construction as part of a current building permit.

(2)

A WES shall be located in the rear yard and shall be located in the center of the fall zone.

(3)

All WES towers shall be monopole.

(4)

Guyed towers are prohibited.

(5)

No part of the WES may extend into, or across, any recorded public easement unless authorized by the easement holder.

(6)

The entire fall zone must be located on the same lot as the tower and shall be clear of any habitable residential structures and/or occupiable commercial structures.

(e)

Additional regulations for wind energy systems.

(1)

A WES, including tower, shall comply with all city adopted codes and ordinances.

(2)

Each WES that connects to the electric utility, shall comply with all regulations of the Public Utility Commission of Texas and any additional requirements of the utility company having jurisdiction.

(3)

Each WES, shall be installed in conformance with the current version of the National Electrical Code, as adopted by the city. All equipment shall be approved, listed and labeled by a nationally-recognized electrical listing agency. Where a conflict exists between the installation guidelines of the manufacturer and the current version of the National Electrical Code, the installation guidelines of the manufacturer shall apply.

(4)

Each WES shall be grounded to protect against natural lightning strikes, in conformance with the current version of the National Electrical Code, as adopted by the city.

(5)

Each WES shall be equipped with manual and automatic over speed controls.

(6)

Each WES shall be designed and constructed to prevent any type of electromagnetic interference.

(7)

WES rotors shall have rotor diameters not greater than 18 feet.

(8)

The minimum distance between towers shall be 100 feet.

(9)

A wind tower and generator shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration.

(10)

A minimum of one informational/warning sign, with one such sign located at the base of the tower, shall be installed. Each sign shall be a minimum of two square feet and a maximum of four square feet in area. Each sign shall contain, at a minimum, the manufacturer's or installer's identification, appropriate warnings, emergency phone numbers or owner identification, and emergency shutdown procedures.

(11)

Promotional, personal, or advertisement signs are prohibited on the WES.

(f)

Noise. With the exception of short-term intervals during utility outages and/or severe wind storms, noise levels from a WES shall not exceed 60 dBA, measured at the nearest property line.

(g)

Abandonment.

(1)

A WES that is out of service for a continuous 12-month period will be deemed to have been abandoned. The city may issue a notice of abandonment to the owner of a WES that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from postmark date. The city shall withdraw the notice of abandonment and shall notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the WES has not been abandoned.

(2)

If a WES is determined to be abandoned, the owner of the WES shall remove the wind generator from the tower, at the owner's sole expense, within 60 days of postmark date of the notice of abandonment. If the owner fails to remove the wind generator from the tower, the city may pursue a legal action to have the wind generator removed at the owner's expense.

(h)

Decommissioning Plan. The permit application must contain a decommissioning plan to ensure the project is properly decommissioned upon facility abandonment. At a minimum, the decommissioning plan shall include:

(1)

Provisions for the removal of all structures and underground and above ground cabling within 180 days after facility abandonment.

(2)

Provisions for the restoration of the soil and vegetation within 270 days after facility abandonment.

(a)

Oil and gas well drilling.

(1)

The drilling and production of natural gas and/or oil, and activities related thereto shall be subject to the oil and gas well regulations of the city, set forth in chapter 9, title IX of the Official City Code of the City of Weatherford. It shall be unlawful and an offense for any person acting either for themselves or acting as an agent, employee, independent contractor, or servant for any person to participate in oil, gas, or other hydrocarbons production activity within the corporate limits of the city without a permit having first been issued, as provided for by the terms of said chapter.

(b)

Natural gas compressor stations.

(1)

Natural gas compressor stations shall require a conditional use permit in all districts.

a.

A building permit shall be required for the compressor station.

b.

The compressor station shall be situated on a platted lot approved by the city and recorded in the county records.

(2)

For the purpose of maintaining a visual buffer zone adjacent to dissimilar land uses, a minimum building setback for all compressor station buildings and equipment shall be established and maintained for all yards at the distances specified for the zoning district adjoining the compressor station as shown below.

Table 12. Building Setbacks for Compressor Station Buildings and Equipment.

a.

Where an adjoining planned development (PD) district contains more than one base zoning district, the most restrictive building setback shall be applied.

b.

Where a compressor station site adjoins a street right-of-way, the required building setback along that right-of-way shall be established by the zoning district designated for the property situated on the opposite side of the right-of-way.

(3)

A wrought iron type fence of sufficient height to obscure the entire station complex from public view shall be required along boundary lines that front a dedicated public street right-of-way of any type or that front a private street right-of way dedicated for public use. Brick or stone columns shall be constructed on approximate 50-foot centers for such fence.

(4)

All compressor station equipment and sound attenuation structures shall be enclosed within a building. Such building shall be designed with the following elements:

a.

A four-foot-high masonry bulkhead wall shall be constructed on at least the two building facades most visible to the public.

b.

At least two building facades, specifically those most visible to the public, shall be constructed with a brick or stone accent that is at least 20 feet in width and extends vertically to the roofline of the building and terminates with a sloped or arched profile.

c.

The roof shall be sloped with a pitch of no less than 5:12 and shall contain at least one raised structure in the form of a cupola, steeple tower, clearstory element, or similar structure. No flat roofs shall be permitted.

d.

The non-masonry wall surfaces may be constructed of painted metal, stucco, or cementitious fiberboard material. Engineered wood paneling shall not be permitted for the finished exterior.

e.

The architectural design of the building shall be compatible with the visual context of the surrounding development. The building may be designed as a representation of, but not be limited to, the following building types:

1.

Barn structure or equestrian facility.

2.

Estate residence.

3.

School facility or similar institutional use.

4.

Gazebo or picnic area enclosures.

5.

Club house or recreational facility.

6.

Retail or office building.

7.

Any combination of the above as approved by the city.

(5)

Vehicular access to the boundaries of the compressor station site from the street thoroughfare shall be paved with a concrete surface with a thickness and design approved by the city engineer or their designee. This provision shall also apply to those areas inside the boundaries of the compressor station site where vehicular traffic and parking is to occur.

(6)

The operation of the equipment shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured within 300 feet of the compressor station building(s). The operator shall be responsible for establishing and reporting to the city the pre-development ambient noise level prior to the issuance of the building permit for the compressor station.

(7)

The compressor station site shall be landscaped in a manner that is compatible with the environment and existing surrounding area.

(a)

Purpose. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this section 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 neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(b)

Findings.

(1)

In adopting these regulations, the city council has relied on numerous studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses and on reported court cases and the factual findings reviewed by those courts.

(2)

These regulations were developed using evidence from hearings concerning the adverse secondary effects of sexually oriented businesses on the communities where they are located. Evidence was also considered from studies, reports, and findings that were made available to the city council. Those findings came from the following cases: City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Erie v. Pap's A.M., 529 U.S. 277, 120 S. Ct. 1382 (2002); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Woodall v. City of El Paso (Woodall I), 959 F.2d 1305 (5th Cir. 1992); Woodall v. City of El Paso (Woodall II), 49 F.3d 1120 (5th Cir. 1995); Lakeland Lounge of Jackson, Inc. v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358 (5th Cir. 2002); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3d Cir. 1993); Encore Videos, Inc. v. City of San Antonio, 330 F.3d 288 (5th Cir. 2003); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); N.W. Enters. Inc. v. City of Houston, 352 F.3d 162, on rehearing 372 F.3d 333 (5th Cir. 2004); Fantasy Ranch, Inc. v. Tazz Man, Inc., No. 3:03 CV 0089 R, 2004 WL 1779014 (N.D. Tex. Aug. 9, 2004); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Robinson v. City of Longview, 936 S.W.2d 413 (Tex. App.BTyler 1996, no writ); People of the State of Illinois v. The Lion's Den, Inc., Circuit Court of the Fourth Judicial Circuit, Effingham County, Illinois, filed June 10, 2005; Illinois One News, Inc. v. City of Marshall, 2006 WL 449018 (S.D. Ill. 2006); Fantasy Ranch, Inc. v. City of Arlington, —-F.3d—-, 2006 WL 2147559 (5th Cir. Aug. 2, 2006).

(3)

Studies, reports and findings regarding the harmful secondary effects of sexually oriented businesses on surrounding land uses have been presented to and reviewed by the city council and made part of the public record, and were conducted by: the City of Amarillo, Texas; the City of Austin, Texas; the City of Beaumont, Texas; the City of Dallas, Texas; the City of El Paso, Texas; the City of Fort Worth, Texas; the City of Houston, Texas; the City of Indianapolis, Indiana; the City of Kennedale, Texas; the Attorney General of the State of Minnesota; the City of Garden Grove, California; the City of Los Angeles, California; the Attorney General's Commission on Pornography; the City of Sioux City, Iowa; the City of Las Vegas, Nevada; and the City of Oklahoma City, Oklahoma; and publications written by recognized experts .

(4)

The city council finds that the cities represented in the relevant studies, reports, and findings mentioned above have similar community characteristics to those of the city in relevant respects.

(5)

The city council finds, based on the above studies, reports, and findings, as well as the Attorney General's Commission on Pornography, that sexually oriented businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. Municipal regulation aimed at reducing adverse secondary effects is the most effective and appropriate mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

(6)

The city council finds, based in part upon the results of the Survey of Fort Worth and Dallas Appraisers, September 2004, that sexually oriented businesses that engage in only retail sales or rental of sexually oriented adult merchandise for off-premise use have adverse effects on surrounding property values and the ability of surrounding properties to sell or develop, similar to the adverse effects generated by sexually oriented businesses which offer on-site adult entertainment.

(7)

The city council finds, based in part upon the reports/affidavit of Dr. Richard McCleary to the City of Kennedale, Texas, and Sioux City, Iowa, that sexually oriented businesses that engage in only retail sales or rental of sexually oriented adult merchandise for off-premise use cause public safety or crime-related adverse effects on the surrounding community, similar to the adverse effects generated by sexually oriented businesses which offer on-site adult entertainment.

(8)

The city council finds, based on the above studies, reports, and findings presented to the city council that it is reasonably likely that these adverse secondary effects will occur in the City of Weatherford, Texas, without clear zoning codes for sexually oriented businesses.

(9)

The city council desires to minimize and control the adverse secondary effects of sexually oriented businesses and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve and protect property values and the character of surrounding neighborhoods; and deter the spread of urban blight.

(10)

The city has a legitimate and substantial governmental interest in limiting the detrimental secondary effects associated with sexually oriented businesses as a means of promoting the public health, safety, and welfare.

(11)

The city council finds that a reasonable number of locations are available within the city limits and within surrounding areas for the operation of sexually oriented businesses including sexually oriented businesses that engage in only retail sales or rental of sexually oriented adult merchandise for off-premise use.

(12)

The city council finds that these amendments have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these amendments have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(c)

Hours of operation. No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 12:00 a.m. (midnight) and 8:00 a.m. on weekdays and Saturdays, and 12:00 a.m. (midnight) and 2:00 p.m. on Sundays.

(d)

Location. A person commits an offense if they establish, operate or cause to be operated, or expand a sexually oriented business at a location other than the following:

(1)

LOT 3, BLOCK C HOBSON INDUSTRIAL PARK, SECTION II, an addition to the City of Weatherford, Parker County, Texas, according to the plat recorded in Plat Cabinet B, Slide 063, Parker County Plat Records, Parker County, Texas.

(2)

LOT 3, FT. WORTH - SPRING STREET RETAIL ADDITION, an addition to the City of Weatherford, Parker County, Texas, according to the plat recorded in Plat Cabinet B, Slide 621, Parker County Plat Records, Parker County, Texas.

(3)

LOT 1, GROTE SUBDIVISION, an addition to the City of Weatherford, Parker County, Texas, according to the plat recorded in Plat Cabinet B, Slide 671, Parker County Plat Records, Parker County, Texas.

(e)

Nonconforming uses.

(1)

Any sexually oriented business that is in violation of subsection (e) or any other location requirement of any other city ordinances, that was legally operating on the effective date of adoption or amendment of such ordinance or regulation, shall be deemed a nonconforming use and the provisions of this ordinance shall apply, except if two or more sexually oriented businesses are within 1,000 feet of each other, or are located in the same building or structure, and otherwise in a permissible location. The sexually oriented business that was first established and continually operating as a sexually oriented business at a particular location (regardless of which business was first located in the city), even if operating under a different name, ownership, or selling different sexually oriented merchandise or services, is the conforming use and the later-established business is nonconforming.

(2)

The provisions of this subsection shall also apply to legally operating sexually oriented businesses made nonconforming by annexation into the city limits.

(3)

Any sexually oriented business that is lawfully operating within the city as a conforming use on or after the effective date of this ordinance, shall not be rendered a nonconforming use by the subsequent location of a protected use listed in subsection (e) within 1,000 feet of the sexually oriented business.

(4)

Nonconforming sexually oriented businesses shall be subject to amortization under the procedures set forth herein.

(5)

Notwithstanding anything contained in this ordinance to the contrary, a nonconforming sexually oriented business shall be required to meet all applicable requirements of this ordinance except locational requirements established by subsections (e)(1) through (e)(3) and the prohibition on nudity established herein within 60 days of the date that it becomes nonconforming. The zoning board of adjustment may grant a nonconforming sexually oriented business an extension if the business shows, upon written application, that meeting these requirements within 60 days imposes an unnecessary hardship on the business.

(f)

License required.

(1)

A person commits an offense if they operate or cause to be operated a sexually oriented business without a valid sexually oriented business license or nonconforming sexually oriented business license issued by the city for the particular type of business.

(2)

The applicant must be qualified according to the provisions of this ordinance.

(3)

The fact that a person possesses other types of state or city permits or licenses does not exempt the person from the requirement of obtaining a license for a sexually oriented business.

(g)

Same, application.

(1)

Any person desiring to obtain a sexually oriented business license shall make application on a form provided by the chief of police. The application must:

a.

Be accompanied by a diagram of the premises showing a plan of the premises, specifying the location of all overhead lighting fixtures, designating any portion of the premises in which customers will not be permitted, and specifying the location of all manager's stations, if applicable. The diagram shall designate the place at which the license will be conspicuously displayed, 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 six inches.

b.

Contain all information required pursuant to these regulations and be supported by any necessary documentation.

c.

Include a current list of all employees or prospective employees, along with copies of complete updated employment application, valid driver's license, state identification card, or passport containing a photograph of the employee.

d.

Contain any other information requested by the chief of police in order to assist the chief in deciding whether to grant the license.

e.

Be sworn to be true and correct by the applicant.

(2)

If a person who wishes to operate a sexually oriented business is an individual, they must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under these regulations and each applicant shall be considered a licensee if a license is granted.

(3)

All applications for a license under this section shall be accompanied by a nonrefundable application fee of $500.00. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted.

(4)

The chief of police may obtain criminal history record information maintained by the Texas Department of Public Safety from the Texas Department of Public Safety for any person required to sign the application under this section.

(h)

Same, issuance.

(1)

The chief of police shall approve the issuance of a license to an applicant within 30 days after filing of an application unless the chief of police finds one or more of the following to be true:

a.

The location of the sexually oriented business is or will be in violation of subsection (e) and no exemption has been granted under subsection (aa).

b.

The applicant failed to supply all of the information requested on the application.

c.

The applicant gave false, fraudulent, or untruthful information on the application.

d.

An applicant is under 18 years of age.

e.

An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.

f.

An applicant or an applicant's spouse has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license.

g.

The application or renewal fee required by this section has not been paid.

h.

The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof within which the sexually oriented business will be situated or has a legally enforceable right to acquire the same.

i.

An applicant or the proposed establishment is in violation of or is not in compliance with subsection (k) or (p).

j.

An applicant or an applicant's spouse has been convicted of a crime:

1.

Involving:

(i)

Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:

(A)

Prostitution:

(I)

Promotion of prostitution;

(II)

Aggravated promotion of prostitution;

(III)

Compelling prostitution;

(IV)

Obscenity;

(V)

Sale, distribution, or display of harmful material to a minor;

(VI)

Sexual performance by a child;

(VII)

Possession of child pornography.

(ii)

Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:

(A)

Public lewdness;

(B)

Indecent exposure; or

(C)

Indecency with a child.

(iii)

Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22.

(iv)

Incest (prohibited sexual conduct), enticing a child, or harboring a runaway child as described in V.T.C.A., Penal Code, ch. 25.

(v)

Possession or distribution of a controlled substance.

(vi)

Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

2.

For which:

(i)

Less than two years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(ii)

Less than five years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(iii)

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any two-year period.

3.

For an existing business, the business is in violation of any other applicable requirement of this section.

4.

The fact that a conviction of the applicant or applicant's spouse is being appealed shall have no effect on the disqualification.

5.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business.

6.

The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

(i)

License for nonconforming sexually oriented business.

(1)

Notwithstanding anything contained in this section to the contrary, the chief of police shall issue a nonconforming sexually oriented business license to a nonconforming sexually oriented business under subsection (f) if the chief of police finds:

a.

A proper application for a license has been made in accordance with this section;

b.

The applicant would qualify for a license under the provisions of subsection (i)(1)b. through k.;

c.

The sexually oriented business is a nonconforming use under the provisions of subsection (f);

d.

The building in which the applicant proposes to locate the sexually oriented business is not a dangerous or substandard building pursuant to applicable ordinances of the city; and

e.

The sexually oriented business complies with all other requirements of this section.

(2)

A nonconforming sexually oriented business license issued under this section shall be subject to expiration, suspension, revocation, appeal, transfer, and all other requirements of this section that are applicable to sexually oriented business licenses.

(3)

The issuance of a nonconforming sexually oriented business license shall not be deemed to make the sexually oriented business a legal use or to grant any other rights or waivers other than to allow the nonconforming sexually oriented business to operate in compliance with these regulations.

(j)

Inspection and maintenance of records.

(1)

An applicant or licensee shall permit representatives of the police department, health department, fire department, and building inspections division to inspect the premises of a sexually oriented business for the purpose of assuring compliance with the law, at any time during the 30-day application period or after it is occupied or open for business. The provisions of this subsection do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(2)

A person who operates a sexually oriented business, or their agent or employee, commits an offense if they refuse to permit a lawful inspection of the premises by a representative of the police department, health department, fire department, or building inspections division at any time during the 30-day application period or after it is occupied or open for business.

(3)

A person who operates a sexually oriented business, or their agent or employee, commits an offense if they operate the establishment without maintaining a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card, or passport, all with a photo.

(k)

Expiration of license.

(1)

Each license shall expire one year from the date of issuance.

(2)

A license may be renewed by submission to the chief of police of an application on the form prescribed by the chief of police and payment of a nonrefundable renewal processing fee of $500.00.

(3)

Application for renewal shall be made at least 30 days before the expiration date of the license. If application is made less than 30 days before the expiration date and the new license is granted after the expiration of the previous license, the new license shall still expire in one year from the previous expiration date.

(l)

Suspension.

(1)

The chief of police shall suspend a license for a period not to exceed 30 days if they determine that a licensee or an employee or spouse of a licensee:

a.

Has violated or is not in compliance with subsection (k);

b.

Is in a state of public intoxication while on the sexually oriented business premises;

c.

Knowingly permits gambling by any person on the sexually oriented business premises; or

d.

Is delinquent in payment to the city for taxes, fees, fines, or penalties assessed against or imposed on the licensee or the licensee's employee or spouse in relation to a sexually oriented business.

(2)

When the chief of police is authorized to suspend a license under this subsection, they shall give the licensee the opportunity to pay a reinstatement fee of $200.00 rather than have the license suspended. In addition to and included as a part of the reinstatement fee, a licensee whose license is suspended for a violation of subsection (m)(1)d. must pay all delinquent taxes, fees, fines, or penalties before the license will be reinstated.

a.

Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this section.

b.

If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, they lose the opportunity to pay it and the chief of police shall impose the suspension.

c.

Each day in which a violation is permitted to continue shall constitute a separate cause for suspension.

(m)

Revocation.

(1)

The chief of police shall revoke a license if a cause of suspension in subsection (m) occurs and the license has been suspended or a reinstatement fee paid within the preceding 12 months.

(2)

The chief of police shall revoke a license if they determine that:

a.

One or more statements contained in subsection (i)(1) is true;

b.

The licensee violated or is not in compliance with subsection (e) or (p);

c.

The licensee or an employee of the licensee knowingly allowed possession, use, or sale of a controlled substance on the sexually oriented business premises;

d.

The licensee or an employee of the licensee knowingly allowed prostitution on the sexually oriented business premises;

e.

The licensee or an employee of the licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

f.

On two or more occasions within a 12-month period, an employee of the licensee committed in or on the sexually oriented business premises an offense listed in subsection (i)(1)j. for which a conviction or a deferred adjudication or other form of probation has been obtained; or

g.

The licensee or an employee of the licensee knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business premises. The term "sexual contact" shall have the same meaning as it is defined in V.T.C.A., Penal Code § 21.01.

(3)

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(4)

Subsection (n)(2)g. does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

(5)

When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (n)(2)a. for an offense listed in subsection (i)(1)j. for which the time period required has not elapsed, an applicant may not be granted another license until the appropriate number of years required under subsection (i)(1)j. has elapsed.

(n)

Appeal.

(1)

If the chief of police is authorized to deny the issuance of a license or to suspend or revoke a license as provided in this section, the chief of police shall give written notice to the applicant or licensee of such intention and the basis for the denial, suspension, or revocation.

a.

The notice of intent shall provide that the denial of issuance, or the suspension or revocation shall be effective at the expiration of the third working day after the chief of police gave the notification, unless the applicant or licensee provides a written response to the chief of police before the expiration of the third working day.

b.

If the chief of police receives a timely written response from the applicant or licensee, the denial of issuance, or the suspension or revocation will be stayed pending a final decision by the chief of police.

(2)

The chief of police may request from the applicant or licensee any additional information necessary to finally decide whether to deny, suspend, or revoke a license.

(3)

After reviewing the written response from and any additional information submitted by the applicant or licensee, the chief of police shall render a final written decision. The chief of police shall deliver this final decision to the applicant or licensee by hand delivery or by certified mail, return receipt requested, to the address provided on the application.

(4)

The final decision by the chief of police shall be final and effective immediately.

(5)

Upon receipt of written notice of denial, suspension, or revocation, the applicant or licensee shall have the right to appeal to district court. If the chief of police denies, suspends, or revokes the license because the location of the sexually oriented business is or would be in violation of the locational requirements of subsection (e), the applicant may request an exemption from the location appeal board pursuant to subsection (aa).

(6)

The appeal to district court must be filed within 30 days after:

a.

The applicant or licensee receives notice of the chief of police's decision; or

b.

The location appeal board denies the exemption.

(7)

The licensee or applicant shall bear the burden of proof in court.

(o)

Transfer.

(1)

A person commits an offense if they transfer their license to another person or operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(2)

A person commits an offense if they counterfeit, forge, change, deface, or alter a license.

(p)

Additional regulations, adult cabarets.

(1)

An employee of an adult cabaret, while appearing in a state of nudity or simulated nudity, commits an offense if they touch a customer or the clothing of a customer.

(2)

A customer at an adult cabaret commits an offense if they touch an employee appearing in a state of nudity or simulated nudity.

(3)

Each adult cabaret shall have a manager's station, which shall not exceed 32 square feet of floor area. A licensee or employee of an adult cabaret commits an offense if they permit any customer access to an area of the premises not visible from the manager's station or not visible by a walk-through of the premises without entering a closed area, excluding restrooms. The view required in this subsection shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by using flashlights or spotlights in addition to overhead house lighting.

(4)

No employee of an adult cabaret may appear in an area of the business visible to patrons or customers unless the employee completely and opaquely covers their genitals, pubic region, pubic hair; anus; and, if female, her areolae. In addition, the employee is subject to the requirements of subsection (r).

(5)

No licensee, owner, operator, or manager of an adult cabaret shall permit an employee to violate subsection (4) above.

(6)

A licensee, operator, or employee commits an offense if the licensee, operator, or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of the adult cabaret which can be viewed from the public right-of-way.

(7)

A licensee shall designate and appoint one or more managers to manage, direct, and control the premises and operations of an adult cabaret. At least one manager shall be on the premises at any time the adult cabaret is open for business.

(8)

A licensee or manager commits an offense if the adult cabaret fails to display the floor markings as required in subsection (r)(4).

(9)

An operator or a manager appointed under this section shall at all times have the duty to ensure that each employee in the adult cabaret has been instructed to commit no act which would constitute a violation of this ordinance or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

(q)

Additional regulations, public nudity.

(1)

A licensee, operator, or employee commits an offense if the licensee, operator, or employee appears in a state of nudity or knowingly allows another person to appear in a state of nudity in a sexually oriented business, unless the person is an employee who, while in a state of nudity, is on a stage (on which no patron or customer is present) that is at least 18 inches above the floor, and that is at least six feet from any patron or customer.

(2)

It is an offense for an employee, while in a state of nudity in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is in a state of nudity in a sexually oriented business. Such gratuity or pay may be provided to such an employee through a tip receptacle, located more than six feet from the nearest point of the performance stage where the employee is in a state of nudity, or may be paid to an employee that is not in a state of nudity, as part of the customer's bill.

(3)

A licensee or operator commits an offense if the licensee or operator fails to display a sign on the interior of the sexually oriented business premises notifying patrons and customers and employees of the prohibitions described in this subsection. The sign must be prominently and continuously displayed where patrons or customers enter the premises, and immediately adjacent to each performance stage, and must state in letters at least two inches high: TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000.00. PATRONS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES. The chief of police may also require, at the time of issuance or renewal of the license, the licensee to display the sign in a language other than English if they determine that a substantial portion of the expected patrons or customers speak the other language as their familiar language. Upon notification, a licensee commits an offense if the sign does not contain this language in the required language, in addition to English.

(4)

A licensee or operator commits an offense if the licensee or operator fails to prominently and continuously display a glow-in-the-dark line on the floor of the sexually oriented business, at least two inches wide, marking a distance of six feet from each performance stage on which an employee in a state of nudity may appear in accordance with subsection (1) above.

(r)

Prohibition of nudity in certain commercial establishments.

(1)

Purpose. The purpose of this section is to prohibit certain acts of commercial exploitation of human sexuality in commercial establishments where alcoholic beverages are served or offered for sale for consumption on the premises, or permitted to be consumed on the premises, and to reduce the likelihood of criminal activity, moral degradation, disturbances of the peace, and good order of the community, and to prohibit lewd and unlawful activity such as prostitution and the proliferation of controlled substances, all of which may occur when such commercial exploitation is permitted in such places, and to promote the preservation of property values of neighborhoods and adjacent properties.

(2)

Prohibition.

a.

No person shall appear in a state of nudity or simulated nudity in any commercial establishment at which alcoholic beverages are served or offered for sale for consumption on the premises or which are permitted to be consumed on the premises.

b.

No licensee, owner, operator, or manager of any commercial establishment at which alcoholic beverages are served or offered for sale for consumption on the premises, or are permitted to be consumed on the premises, shall permit any person to appear in a state of nudity.

(3)

Nonconforming uses. Any business that was legally operating on the effective date of adoption or amendment of this ordinance shall be deemed a nonconforming use as to the prohibition established in this subsection and shall be subject to the provisions of the zoning ordinance.

(s)

Same, escort agencies.

(1)

A person commits an offense if they employ at an escort agency any person under the age of 18 years.

(2)

A person commits an offense if they act as an escort or agrees to act as an escort for any person under the age of 18 years.

(t)

Same, nude model businesses.

(1)

A person commits an offense if they employ at a nude model business any person under the age of 18 years.

(2)

A person under the age of 18 years commits an offense if they appear in a state of nudity or simulated nudity in or on the premises of a nude model business.

(3)

A person commits an offense if they appear in a state of nudity or simulated nudity, or knowingly allow another to appear in a state of nudity or simulated nudity, in an area of a nude model business premises which can be viewed from the public right-of-way.

(4)

A person commits an offense if they place or permit a bed, sofa, or mattress in any room on the premises of a nude model business except that a sofa may be placed in a reception room open to the public.

(5)

A licensee or employee of a nude model business commits an offense if they permit any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms.

(6)

An employee of a nude model business, while appearing in a state of nudity or simulated nudity, commits an offense if they touch a customer or the clothing of a customer.

(7)

A customer at a nude model business commits an offense if they touch an employee appearing in a state of nudity or simulated nudity.

(u)

Same, adult theaters and adult motion picture theaters.

(1)

A person commits an offense if they knowingly allow a person under the age of 18 years to appear in a state of nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater.

(2)

A person under the age of 18 years commits an offense if they knowingly appear in a state of nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater.

(v)

Same, adult motels.

(1)

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel.

(2)

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, they rent or sub-rent the same sleeping room again.

(3)

For purposes of subsection (1) above, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

(w)

Regulations pertaining to exhibition of sexually explicit films or videos. A sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises as required by subsection (h)(1)a. The diagram shall show the location of the manager's stations. A manager's station shall not exceed 32 square feet of floor area.

(2)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police.

(3)

The licensee commits an offense if they permit a manager's station to be unattended by a designated manager at any time a customer is present on the premises.

(4)

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 customer 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 customer is permitted access for any purpose, excluding restrooms, 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. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by using flashlights or spotlights in addition to overhead house lighting.

(5)

The licensee or manager commits an offense if they permit access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms.

(6)

The owner, operator, and any agents and employees present on the premises shall ensure that the view area specified in subsection (5) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present in the premises and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (1) above.

(7)

No viewing rooms or booths of less than 150 square feet of floor space shall be occupied by more than one person at any time.

(8)

No licensee or manager shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths.

(9)

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms and booths.

(10)

The licensee and any manager shall have a duty, during each business day, regularly to inspect the walls of all viewing rooms or booths to determine if any openings or holes exist.

(11)

The licensee or any manager commits an offense if they permit any patron or customer access to a viewing room or booth where any opening or hole exists into an adjacent or adjoining viewing room or booth.

(12)

This subsection shall not prohibit conduits for plumbing, heating, air conditioning, ventilation or electrical service, if the conduits are screened or otherwise configured so as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing rooms or booths.

(x)

Additional regulations for sexually oriented businesses.

(1)

Public and employee restrooms in a sexually oriented business shall not, at any time, contain or be used for sexually oriented business activity, video reproduction equipment, or sexually oriented merchandise.

(2)

An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult theater, adult motion picture theater, nude model business, sex parlor, and sexual encounter center shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement: "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT ENTER. NO PERSONS UNDER 18 YEARS OF AGE ALLOWED ENTRY" [or "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY" (if alcohol is served).

(3)

The premises of any sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than 20 footcandles.

(4)

During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor areas to which pedestrians have access on the premises of the sexually oriented business shall be lighted to an intensity of not less than five footcandles measured at ground level.

(5)

No models, mannequins, pictures, drawings, sketches, or other live, simulated, pictorial, or graphic displays of nudity or simulated nudity shall be allowed in a manner that is visible to the public from any street, sidewalk, or other public place.

(6)

The licensee commits an offense if they violate subsection (3), (4), or (5) above.

(y)

Employee permits.

(1)

Permit required.

a.

It shall be unlawful for any person who does not hold a permit to act as a manager or employee of a sexually oriented business.

b.

It shall be the duty of the licensee, operator, and owner of each sexually oriented business to ensure that no person acts as a manager or employee of a sexually oriented business unless that person holds a permit.

(2)

Issuance of permits.

a.

Any person who desires to obtain an original or renewal permit shall make application in person at the offices of the police department between the hours of 8:00 a.m. and 12:00 p.m., Monday through Friday, city-observed holidays excepted. The application shall be made under oath upon a form prescribed by the chief of police and shall include:

1.

The name, home street address, and mailing address (if different) of the applicant;

2.

Proof of the date of birth of the applicant and the identity of the applicant, including at least one photographic identity card issued by a governmental agency;

3.

A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any applicable offense that is specified in these regulations; and

4.

One passport-type photograph of the applicant of a size specified by the chief of police, which shall become part of the photographic identity card if a permit is issued.

b.

Each application shall be accompanied by a nonrefundable processing fee of $60.00. Each applicant shall be required to provide fingerprints to be used to verify the applicant's identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the chief of police to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.

c.

The chief of police shall issue the permit within ten days from the date of filing of the application unless they find that the application is incomplete or that the applicant has been convicted of or spent time in jail or prison for an offense specified in the applicable provisions herein within the time specified therein. If the application is not granted, then the applicant shall be given written notice of the grounds and of their right to provide a written response as provided by herein, within ten days from the date of filing of the application.

d.

Each permit issued by the chief of police shall consist of either one or two photographic identification cards.

1.

Each employee of a sexually oriented business shall have an identification card, called a personal card.

2.

If a sexually oriented business is required by provisions herein to have an on-site manager, then each employee of such a business shall have a second identification card, called an on-site card.

e.

If the chief of police fails to issue or deny a permit application within the time specified in subsection (2)c. above, then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief of police.

f.

If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the chief of police and request a replacement, which shall be issued for a fee of $35.00 within three days following verification of the identity of the holder.

g.

No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that they are at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void.

h.

The chief of police may obtain criminal history record information maintained by the Texas Department of Public Safety from the Texas Department of Public Safety for any person required to obtain a permit under this section.

(3)

Term, transfer, amendment.

a.

A permit is valid for two years from the date of its issuance.

b.

A permit is personal to the named permit holder and is not valid for use by any other person.

c.

Each permit holder shall notify the police department of their new address within ten days following any change of their address.

(4)

Display.

a.

Each manager or employee shall conspicuously display their personal card upon their person at all times while acting as a manager or employee of a sexually oriented business.

b.

Each manager or employee who is required under this section to have an on-site card shall provide their on-site card to the manager or on-site manager in charge of the sexually oriented business to hold while the manager or employee is on the premises.

c.

In any prosecution under subsection (y)(1) above, it shall be presumed that the actor did not have a permit unless the permit was in display as required under subsection a above.

(5)

Revocation. In the event that the chief of police has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for an offense as specified in the applicable provision herein within the time specified therein, then the chief of police may revoke the permit under the procedures set out in herein.

(6)

Appeals. If the chief of police is authorized to deny the issuance of a permit, or revoke a permit as provided in this section, the applicant or permittee may appeal the decision of the chief of police in accordance with the procedures herein.

(z)

Defenses. It is a defense to prosecution under subsections (r) and (u) that a person appearing in a state of nudity or simulated nudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the state or 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 transferrable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign or other advertising visible from the exterior of the structure indicating a nude or simulated nude person is available for viewing;

b.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude or simulated nude model is on the premises at any one time.

(aa)

Location appeal board, exemptions from location restrictions.

(1)

The zoning board of adjustment shall serve as a location appeal board, and shall have the power to rule on the appropriate disposition of applications for exemptions from the location restrictions for sexually oriented businesses set forth in subsection (e). The location appeal board shall follow the rules and procedures set forth in this subsection.

(2)

If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of subsection (e), then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions.

(3)

If the written request is filed with the city secretary within the ten-day limit, the location appeal board shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.

(4)

The location appeal board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(5)

The location appeal board may grant an exemption from the location restrictions of subsection (e) if it makes the following findings:

a.

That the location of the sexually oriented business will not have a detrimental effect on nearby properties or be contrary to public safety or welfare;

b.

That the location of the sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;

c.

That the location of the sexually oriented business will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and

d.

That all other applicable provisions of this section will be observed.

(6)

In making the findings specified in subsection (aa)(5), the board shall take into account, among other things:

a.

Crime statistics of the location and its 800-foot radius, without regard to city boundaries, maintained by the appropriate law enforcement agency for the previous six-month period;

b.

Parker County Appraisal District appraisals for the location and its 1,000-foot radius, without regard to city boundaries, taking into account any decline or increase in property values;

c.

Vacancy rates of residential, commercial, or office space within the surrounding 1,000-foot radius, without regard to city boundaries; and

d.

Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal, or restoration for any property located within a 1,000-foot radius, without regard to city boundaries.

(7)

The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the license appeal board is final.

(8)

If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of subsection (aa)(5) until the applicant applies for and receives another exemption.

(9)

If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board's action.

(10)

The grant of an exemption does not exempt the applicant from any provisions of this section other than the locational restrictions.

All short-term rentals shall comply with the standards and requirements of chapter 15 of title V of the Official City Code of the City of Weatherford. Short-term rentals are permitted in any single-family detached residence or residential structure, or portion thereof, located within a residential zoning district in which short-term rentals are a permitted use, or in any second-story commercial residential unit, or portion thereof, within the CN Central Neighborhood and CBD Central Business District zoning districts. A property in a planned development zoning district may obtain a permit to operate as a short-term rental only if the planned development district explicitly permits the operation of short-term rentals.

(Ord. No. O2025-05, § 5, 1-28-25)