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DATE: August 19,2002
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request to amend the Zoning Ordinance, Section 30-33(b)2, Special
Conditions, Adult Entertainment Uses, to delete, as an allowed use by right or with a
specific use permit, eating places (SIC 5812) and drinking places (SIC 5813) that have
adult entertainment and video tape rental (SIC 784 1) that rents adult video tapes from
the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts.
FILE: 633-OB
STAFF REPORT
The Planning Manager recommends approval of this request.
In April, 2002, City Council approved amendments to the Zoning Ordinance that addressed
distance requirements and zoning districts that allowed eating places, drinking places and video
tape rental with adult entertainment.
Since that adoption, staff feels that for clarification purposes, Section 30-33(b)2 needs to be
amended to read as follows:
See. 30-33(b)
2. Adult Entertainment Uses: The following special conditions and regulations shall apply
for adult entertainment uses without regard to whether the adult entertainment use is
a primary or accessory use. Adult entertainment uses are those which exclude minors
by virtue of age under the Penal Code of the State of Texas unless such minor is
accompanied by a consenting parent, guardian, or spouse and shall include but not be
limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude
photography studios, adult bookstores, or eating and drinking establishments which
have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers
or other similar entertainers.
a. An adult entertainment use shall not be established or expanded within fifteen
hundred (1,500) feet of any dwelling,
b. An adult entertainment use shall not be established or expanded within three
hundred (300) feet of any other adult entertainment use, bar, pool hall, or liquor
store.
STAFF REPORT continued
C. An adult entertainment use shall not be established or expanded within fifteen
hundred (1,500) feet of a church, child care facility, school, hospital, public
building, or public park,
d. The method the distance between an adult entertainment use and another adult
entertainment use or any other use shall be from nearest property line to nearest
property line of said uses.
Eating places (SIC 5812) and drinking places (SIC 5812) that have adult
entertainment and video tape rental (SIC 7841) that rents adult video tapes
shall not be allowed in the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3
Districts.