§ 62-249. Prohibited locations of any type of sexually oriented business.

(a)

A person, including an operator, commits an offense if he/she causes or permits the operation or establishment of a sexually oriented business in or within 1,500 feet of an existing:

(1)

Religious institution;

(2)

School;

(3)

Public Park;

(4)

A residential district;

(5)

A public library;

(6)

A property line of a lot devoted to a residential use;

(7)

Another Sexually Oriented Business.

(b)

For the purpose of subsection (a) above, measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school or sexually oriented business, or from the boundary line of a public park, public library, residential district, to the nearest property line of the property sought to be used as a sexually oriented business.

(c)

Also for the purposes of subsection (a) above, measurement of the 1,500 foot distance shall also include religious institutions, schools, public parks, residential district or other sexually oriented businesses, which are located in an adjacent city, township or rural land area and which are within the 1,500 foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Haltom City.

(d)

A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the Chief of Police as part of the application for a Specialized Certificate of Occupancy. Any Specialized Certificate of Occupancy issued for a building or facility used to conduct a sexually oriented business without submission of the required survey shall be null and void.

(e)

A person commits an offense if he causes or permits the establishment or operation of more than one sexually oriented business on the same property, in the same building or structure, or any portion thereof.

(f)

Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the location requirements of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 180 days from the effective date of this article unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.

A person operating a sexually oriented business that is a nonconforming use who believes that 180 days, when added to previous time in operation, is not sufficient time to amortize the investment the person has in the business may apply to the city council for an extension of an additional 180 days. In order to give the city council time to adequately consider the application, the person must file the appeal with the city secretary within 90 days of the effective date of this article. The city council shall call a public hearing at which the council shall hear evidence from interested parties. The decision of the city council is final.

(g)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business certificate of occupancy, of a religious institution, school, sexually oriented business, a public park, public library, residential district, or subsequent designation of a historical/cultural district, within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a specialized certificate of occupancy, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Ord. No. O-2013-012-15, § 1, 6-24-13)