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Home My WebLink AboutPO 5841: SEXUALLY ORIENTED BUSINESSES - ZONING ORDINANCEP. 0. No. 5841 01/2.4./08 gt ORDINANCE NO. AN ORDINANCE AS IT PERTAINS TO THE ZONING ORDINANCE AND THE STANDARDS FOR SEXIIALLY ORIENTED BUSINESSES WHEREAS, the City Council adopted Ordinance No. 97-63 on November 4, 1997 as it pertains to the zoning ordinance and the standards for sexually oriented businesses use; and WHEREAS, there is a need to clarify the Code of Ordinances and the Appendix A-Zoning. as published by Municipal Code Corporation as to reiterate that Ordinance No. 97-63 is still effective; WHEREAS, Ordinance No. 00-60 amending the Code of Ordinances as prepared by Municipal Code Corporation was not designed to make any material amendments to the Zoning Ordinance which had been. previously approved; and, WHEREAS, a copy of Ordinance No. 97-63 is attached as Exhibit „A„ NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That 'the facts and opinions in the preamble are true. and correct. Section 2. That Special Condition (26) applies to the "Sexually Oriented Business" use and the Schedule of Uses of Section 7. z.po5841 Section 3. That Section 22-100 (Special Conditions by Use) of the Zoning Ordinance shall delineate the following as to sexually oriented businesses: "Sexually Oriented Business - The following special conditions and regulations shall apply to a "sexually oriented business" use. A "sexually oriented business" shall mean a sex parlor, nude studio, modeling studio, love. parlor, adult bookstore, adult movie theater, adult video arcade, adult video store, adult motel or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. The provisions of Chapter 243 of the Local Government Code, as amended, shall prevail to the. extent, if any, that they conflict with the provisions of this zoning ordinance. a) A established line of any b) A established oriented bu "sexually oriented business" use or expanded within 2,000 feet of residential zoning district. "sexually oriented business" use or expanded within 2,000 feet of ainess" use. shall not be a district boundary shall not be any other "sexually c) A "sexually oriented business"'use shall not be established or expanded within 2,000 feet of the property line of a church, school or public park. d) Because "sexually oriented business" uses generally have unusual nuisance characteristics which can be incompatible and injurious to other commercial or residential uses and which may significantly diminish or impair area property values and impede the normal and orderly development of surrounding areas, a Specific Use permit shall be required when a "sexually oriented business" use is located in the Light Commercial, "LC" or Heavy Commercial, "HC" District. The following are exempt from these regulations: a) A bookstore, movie theater, or video store, unless that business is an adult bookstore, adult movie theater or adult video store as defined above. b) A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer; licensed athletic trainer, licensed cosmetologist or . licensed barber engaged in. performing functions authorized under the license held; or z.p05841 c) A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts." Section 4. That the Building Official and the Director of Planning are authorized and directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas", on file in the offices of the Building Official and the Planning and Zoning Commission, so as to reflect on said Map, the changes hereby made in conformity with the legend of said .Map. Section 5. That a copy of the caption of this Ordinance be spread upon the-Minutes of the City Council. Section 6. That this Ordinance shall take effect immediately from and after its passage. READ, ADOPTED AND APPROVED on this .day of , A.D., 200.8, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: z.po5891 DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: (SEE CONFIDENTIAL MEMO) MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR, ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER DIRECTOR OF PLANNING z.po5841 EXHIBIT ~~A" /l. ~~11273 Z4. ~i \b, 4m NOV gggV v NO. ~ l0~/ P.O. NO.4843 10@1/97 DLW AN ORDINANCE AD'fENDING THE ZONING ORDINANCE OF THE CITY OE PORT ARTHUR BY PROVIDING STArNDARDS FOR THE SEXUALLY ORIENTED BUSINT:SS USE; (VIOLATION OP TFIIS ORDINANCE OR Ff~ TIIE ZONING ORDINANCE OP THE CITY OF PORT ~~C~ AR'I'IIUR IS PUNISHABLE AS PROVIDED IN SECTION 1-8 OF THE CODE OF ORDINANCES AS ADZENDED BY FINE . v 4~ 1 ~.~ ~. ~/. p, 9 !F NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL.NEWSPAPER OFTHE CTTY OF PORT ` - ARTIIUR AND EFh'ECTIVE ID'BVIEDIATELY AZ"TER PUBLICATION DATE. _ WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the CiTy of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the Cit}' Council held a public hearing October 21, 1997, at 9:00 AM. and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change be approved, the City Council finds that it would be in the public interest and general welfare of the City to change the Zoning designation of the hereinafter described property; and, now therefore; BE IT ORDAINED BY TIIE CITY COUNCII.OF THE CTTY OP PORT ARTHUR: SECTION 1. That Ordinance No. 89-54 (codified as Code Appendix F of the Code of Ordinances), as amended, be amended by indicating that Special Condition (26) applies to the "Sexually Oriented Business" use in the Schedule of Uses of Section 7. SECTION 2. That subsection 22-01 (Special Conditions by Use) is amended by adding the following: - "Sexually Oriented Business -The following special conditions and regulations shalt apply to a "sexually oriented business" use. A "sexually oriented business" shall mean a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult video store, adult motel or other commercial enterprise the primary business of which is the offering,of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. The provisions of Chapter 243 of the Local Government Code, as amended, shall prevail to the extent, if any, that they conflict with the provisions of this zoning ordinance. a) A "sexually oriented business" use shall not be established or expanded within 2,000 feet of a disvict boundary line of any residential zoning district. b) A "sexually oriented business" use shall not be established or expanded within 2,000 feet of any other "sexually oriented business" use. P.O. NO 4343 10/21/97- Pagc 2 of 3 c) A "sexually oriented business" use shall not be established or expanded within _ 2,000 feet of the property line of a church, school or public park d) Because "sexually oriented business" uses generally have unusual nuisance characteristics which can be incompatible and injunous to other commercial or residential uses and which may significantly diminish or impairazea property values and impede the normal and orderly development of surrounding areas, a Specific Use Permit shall be required when a "sexually oriented business" use is located in the Light Commercial, "LC" or Heavy Commercial, "HC" Distnet. The following are exempt from these regulations: a) A bookstore, movie theater, or video store, unless [hat business is an adult bookstore, adult movie [heater or adult video store as defined above. b) A business operated by or employing a licensed psychologist; licensed physical therapist, licensed athletic trainer, licensed cosmetologist or licensed barber - engaged in performing functions authorized under the license held; or c) A business operated by or employing a licensed physician or licensed chiropractor engaged in practicingthe healing arts. " SECTION 3. That the Building Official and the Director of Planning are authorized and directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas', on file in the offices of the Building Official and the Planning and Zoning Commission, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 4. If any section, subsectioq sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining pottions hereof. SECTION 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such wnflict. SECTION G. Any person, firm or corporation who violates any provision of this Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as provided in Section 1-8 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. This Ordinance or its caption and penalty shall be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of PoR Arthur. This Ordinance shall take effect immediately after [he date of such publication. 1'.0. NO 4843 10/21/47 _ t/O/ Ragc 3 0(3 ~V READ; ADOPTEDANll APPROVED this ~~ ay of301y A.D.,1997 at a Regulaz ATTEST: ~ "~ MAYOR CP T Y APPROVED AS TO FORM: CITY ATTORNEY APPROVED POR ADMINISTRATION: ~~~~ CITY MANAGER. v~l D CTOR OF PLANNII`1G _ . ~.,. _ ,.:._. r,.......a ,.a r~,P r~r., of Pnrt Arthur. Texas by the folJowingvotes: AYES: