HomeMy WebLinkAboutOrdinanceORDINANCE NO. _ 86-1986____
AN ORDINANCE AMENDING CHAPTER 23, 'PLANNING AND COMMUNITY DEVELOPMENT."
SUBPART E, 'ZONING.' DEFINING, REGULATING AND RESTRICTING ADULT
ENTERTAINMENT ENTERPRISES. PROVIDING FOR LOCATIONS AND DISTANCES FROM
CERTAIN LOCATIONS, OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW: PROVIDING A SEVERABILITY CLAUSE: DECLARING A
PENALTY AND CALLING A PUBLIC HEARING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS:
PART 1: That Chapter 23, Subpart E, 'Zoning.' of the Abilene
Municipal Code be amended as set out in Exhibit "A." attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provision or any section of this ordinance shall
be held to be void or unconstitutional, such holding shall in no way
affect the validity of the remaining provisions or sections of this
ordinance, which shall remain in full force and effect.
PART 3: That any person, firm or corporation violating any of the
provisions of this chapter shall be deemed guilty of a misdemeanor. and
upon conviction thereof, shall be punished by a fine of not more than
One Thousand Dollars (81,000,00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: That Exhibit B. attached hereto, is hereby approvea ana
made a part of this ordinance for all purposes.
PASSED ON FIRST READING this _ 11 day of Se1tM e A.D. 19_,x_.
A notice of the time and place, where and when said ordinance wound be
given a public hearing and considered for final passage, was published
in the Abilene Reporter -News, a daily newspaper of general circulation
in the City of Abilene, said publication being on the Z day of
—September - 19 86 , the same being more than fifteen (15) days prior
to a public hearing to be held in the Council Chamber of the City Hall
in Abilene. Texas, at 9:00 a.m., on the __J� _ day of _ n tZ nhPr ------
1986. to permit the public to be heard prior to final consideration of
this ordinance. Said ordinance, being ■ penal ordinance, becomes
effective sixty (60) days after its publication in the newspaper, as
provided by Section 19 of the Charter of the City of Abilene.
PASSED ON SECOND AND FINAL READING this _1fi_ day of C1c-fnhpr
19 86_
Attest:
CITY SECRETARY MAYOR
APPROVED:
C T ATT EY
00323
ORDINANCE NO.
EXHIBIT "A"
SECTION 23 -306.4 Permitted Uses, Cultural and Recreational Uses
ADD: Adult Entertainment Enterprise to be conditionally permitted in the
HC (Heavy Commercial), LI (Light Industrial), and HI (Heavy
Industrial) zoning districts.
SECTION 23- 306.5.G Cultural and ficreational Uses
ADD: (10) Adult Entertainment Enterprise
1. (a) All structures housing adult entertainment enterprises (as
defined in Section 23 -363 of this' Chapter) shall be located at
least six hundred (600) feet from the property boundary line of
any lot in a College - University zoning district, of_ any
residentially zoned lot, or from any lot used for church,
school, park, or hospital purposes and 600 feet north of North
lot Street and 600 feet south of South lot Street and cannot be
located on or between North and South lat Streets and 1,000
feet from any structure housing an adult entertainment
enterprise.
Said measurements are to be in a straight line in all
directions from the structure housing the adult entertainment
enterprise to the nearest property line on any lot in the
College - University zoning district, any residentially zoned
district, or any lot used for church, school, or hospital
purposes, or any park, North and South 1st Streets,, and any
structure housing an adult entertainment enterprise.
(b) The measurements for a structure shall be taken from the
furthest point that a structure extends in any direction,
including overhanging roofs and all other projections or
portions of said structure.
(c) Should said adult entertainment enterprise be 16cated in
conjunction with other buildings in a manner where said adult
entertainment enterprise is clearly separated from other
portions of the structure, (for example, an adult bookstore in
a shopping center) the adult entertainment enterprise
structure's measurements shall be taken from the boundaries of
the space in which the adult bookstore is housed or confined
(not the entire shopping center, motel, or structure).
ORDINANCE We
EXHIBIT "A"
Page 3
(b) The aplicant shall file, with his application for
additional time, all data he wishes considered in
support of request for additional time. The
applicant shall also supply the Council any
additional data that is requested by the Council to
evaluate whether the applicant has recouped his
investment in an adult enterprise. An applicant's
failure to supply data.requested by the Council shall
be considered in evaluating whether he has recouped
his investment in an adult entertainment enterprise.
(c) Upon application by owner the City Council may, at
its' discretion, allow additional time to. amortize
the investment in an adult entertainment enterprise
if it makes the following f indings :
(1) The owner has made every effort to recoup his
investment in an adult entertainment enterprise.
(2) The owner will be unable to recoup his
investment in an adult entertainment enterprise
by the end of the amortization period.
(3) That all other applicable provisions of this
ordinance will be observed.
(d) If the City Council grants additional time, the grant
shall be for a period not to exceed one (1) calendar
year. If such time is insufficient to amortize, an
owner may thereafter apply for additional grants of
time to recoup his investment in an adult entertain-
ment enterprise. Such application shall be made no
later than 60 days prior to the expiration of the
amortization time period.
(e) The City Council shall grant or deny the additional
time request by a majority vote. Failure to reach a
majority vote shall result in denial of the request
for additional time. Disputes of fact shall be
decided on the basis of a preponderance of the
evidence. The decision of the City Council is final.
(f) On January 1, 1988, unless additional time is granted
under this subsection, an adult entertainment
enterprise will be in violation of the locational
restriction of Sections 23 -306.4 and 23 -306,5 and the
nonconforming use shall be illegal and shall
teminate.
(3) Non - Enlargement and Priority By time
Such nonconforming uses shall not be increased, enlarged,
extended, or altered except that the use may be changed to
a conforming use. If two or more adult entertainment
enterprises are within 1,000 feet of one another and
ORDINANCE NO.
EXHIBIT "A"
Page 4
otherwise in a permissible location, the adult
entertainment enterprise which was first established and
continually operating at a particular location is the
conforming use and the later - established business is
nonconforming.
(4) Expansion of Neighbors
An adult entertainment enterprise lawfully operating as a
conforming use is not rendered a nonconforming use by the
location of a church, school, hospital, park, residential
zoned or College - University zoned lot, or the expansion in
width of North 1st or South 1st Streets within 600 feet of
the adult entertainment enterprise.
(5) Exemption from Locational Requirements
(a) in the event an owner of an adult entertainment
enterprise wishes to claim an exemption from the
ordinance, the owner shall make application for a
locational exemption from the requirements of Section
23 -306.4 and Section 23- 306.5.G.10(1)(a) at least 30
days prior to the expiration of all amortization
periods.
The City Council may, in its discretion, grant an
exemption from the locational restrictions if it
makes the following findings:
(1) That the location of the adult entertainment
enterprise will not have a detrimental effect on
nearby properties or be contrary to the public
safety or welfare;
(2) That the granting of the exemption will not
violate the spirit and intent of this ordinance;
(3) That the location of the adult entertainment
enterprise will not downgrade the property
values or quality of life in the adjacent areas
or encourage the development of urban blight;
(4) That the location of the adult entertainment
enterprise will not be contrary to any program
of neighborhood conservation nor will it
interfere with any efforts of urban renewal or
restoration; and
(5) That all other applicable provisions of this
ordinance will be observed.
ORDINANCE N0.
EXHIBIT "A"
Page S
(b) The City Council shall grant or deny the exemption by
a majority vote. Failure to reach a majority vote
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 City Council is
final.
(c) If the City Council grants an exemption, the
exemption is valid for one year from the date of the
City Council's action. Upon the expiration of an
exemption, an adult entertainment enterprise will be
in violation of the locational restrictions of
Section 23- 306.4 and 23 -306.5 and the nonconforming
use shall be illegal and shall terminate, unless the
applicant applies for afid receives another exemption.
Such application shall be made with the Abilene City
Secretary at least 60 days prior to the expiration of
the exemption.
(d) The grant of an exemption does not exempt the
applicant from any other provisions of this ordinance
other than the locational restrictions of Section
23 -306.4 and 23- 306.5.G.10(1)(a).
(g) Adult Viewing Booth Design
(1) Adult viewing booths and arcades shall be constructed
according to this section. The interior of an adult
arcade and /or viewing booth shall be configured in such a
manner that there is an unobstructed view of every
interior area of the adult arcade and /or viewing booth to
which any patron is permitted access for any purpose.
This unobstructed view shall be from the manager's station
directly into the viewing booth. In the event there is
more than one manager's station, then at any of the
manager's stations there shall be at }east one
unobstructed view to any interior area of ttte viewing
booth or arcade. The view required in this section must
be in direct line of sight from the manager's station.
(2) It shall be the duty of the owner and operator of such
arcade or viewing booth, and it shall also be the duty of
any agents and employees present in an arcade or viewing
booth to insure that the view area specified in this
Subsection (a) above remains unobstructed by any
merchandise, display racks, or other materials at all
ORDINANCE NO.
EXHIBIT "A"
Page 6
times that any patron is present in the adult arcade and
to insure that no patron is permitted access to any area
of the adult arcade which has been designated as an area
in which patrons will not be permitted in the plan filed
pursuant to this section.
(h) Lighting
(1) Each adult arcade and viewing booth shall be equipped with
overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted
access at an illumination so that any patron may be
observed from the manager's station.
(2) It shall be the duty of the owners and operators, and it
shall also be the duty of any agents and employees present
in an adult arcade and viewing booth to insure that the
illumination described above is maintained at all times
that any patron is present in the adult arcade and viewing
booths.
(i) Non - Applicability of Amortization, Time for Construction of
Booths
The construction standards in Sections (g) and (h) above shall
not be subject to the amortization provisions of Section 1(f).
Booths not in compliance with the design and lighting
requirements shall have 60 days from the effective date of this
ordinance be in compliance.
In the event an owner is unable to complete reconstruction
within that period, upon application to the Board of Building
Standards, the owner may ask for an extension accompanied by
documentation as may be required to justify additiq.nal time.
The Board may extend the reconstruction time after cofisidering
the financial cost, difficulty in compliance and other factors
related to the reconstruction and a finding that additional
time is needed to reconstruct the booths to be in compliance.
ORDINANCE N0.
EXHIBIT "A"
Page 7
SECTION 23 -363, Definitions
ADD: Adult Entertainment Enterprise
Any business activity whether in public, semi- public or private
premises, which offers the opportunity to feel, handle, touch,
paint, be in the presence of, or be entertained by the unclothed
body or the unclothed portion of the body of another person, or to
observe, view, or photograph any such activity. Except as
specifically provided otherwise herein, nothing is this section is
intended to regulate:
1. Any business operated by or employing psychologists, physical
therapists, athletic trainers, licensed masseuse,
cosmetologists, or barbers, licensed by the State of Texas,
performing functions authorized under the licenses held.
2. Any business operated by or employing physicians, osteopaths,
chiropracters or nurses, licensed by the State of Texas, engaged
in practicing the healing arts.
3. Any retail establishment whose major business is the offering of
wearing apparel for sale to customer.
Adult Entertainment Enterprises furthermore include, but are not limited
to, the following:
A. Adult Bookstore /Film Store.
An establishment or commercial enterprise having 10% or more of its
stock in trade; videos, tapes, cassettes, photographs, books, magazines
and other periodicals which are distinguished by a predominant emphasis
on natter(s) depicting, describing, or relating to "specific sexual
activities" or "specified anatomical areas" as defined below.
B. Movie Arcade
Any business wherein is operated a film or videotape viewing device.
A film or videotape viewing device or booth subject to these provisions
is defined as:
ORDINANCE NO.
EXHIBIT "A"
Page 8
1. Viewing Booths /Arcades
An establishment or commercial enterprise which has within its
structure any electrical or mechanical device, which projects or
displays any film, videotape or reproduction into a viewing area
obscured by a curtain, door, or wall, or other enclosure which is
designed for occupancy by no more than five persons, and is used
for presenting material distinguished or characterized by a
predominant emphasis on matters depicting, describing, or relating
to "specified sexual activities" or "specified anatomical areas"
for observation by five (5) or fewer persons.
2. Adult Motion Picture Theatre
An establishment or commercial enterprise which has an enclosed
building with a capacity of more than five (5) persons and is used
for presenting material distinguished or characterized by a
predominant emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas" for
observation by patrons.
C. Adult Cabaret
An establishment whose portion of business is the offering to customers
of live entertainment which is intended to provide sexual stimulation
or sexual gratification to such customers, including but not limited to
dancing, posing, modeling, acting, and which is distinguished by or
characterized by a predominant emphasis on matter depicting,
describing, or relating to "specified sexual activities," or "specified
anatomical areas."
D. Adult Encounter Parlor
An establishment whose business consists of premises where customers
either congregate, associate, or consort with employees who engage in
"specified sexual activities" with or in the presence of such
customers, or who display "specified anatomical areas" in the presence
of such customers, with the intent of providing sexual stimulation or
sexual gratification to such customers.
E. Adult Lounge
An "adult cabaret" as defined above which is permitted or licensed
pursuant to the Alcoholic Beverage Code where alcoholic beverages may
be served or sold.
ORDIMCE NO.
EXHIBIT "A"
Page 9
F. Adult Drive -In Theatre
A drive -in theatre used for presenting motion
cassettes, cable television, or any other
distinguished or characterized by a predominat
depicting, describing or relating to "specified
"specified anatomical areas ". �-�—
G. Adult Retail Store
picture films, video
such visual media,
Lt emphasis on matter
sexual activities",. or
This is a retail establishment in which:
1. Ten percent or more of the "stock in trade" consists of items,
products or equipment distinguished or characterized by an emphasis
on "specified sexual activities" or,'specified anatomical areas ";
or
2. Any person is excluded by virture of age from all or part of the
premises generally held open to the public where products or
equipment distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas ".
Specified Sexual Activities
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse, sodomy, acts of
bestiality;
C. Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
Specified Anatomical Areas
A. less than completely and opaquely covered:
I. human genitals, pubic region
2. buttock
3. Female breast below a point immediately above the top of the
areola; and
B. hutaan genitals in a discernibly erect state, even if completely and
opaquely covered.
ORDINANCE N0.
EJRIBIT "A"
Page 10
Stock in Trade
The total volume or number of items, products or equipment available for
purchase, rental, viewing or use by patrons of the establishment, excluding
material located in any storeroom or other portion of the premises not
regularly open to patrons.
Exhibit H
Ordinance No.
Page 1 `
WHEREAS, the city council makes the following findings with
regard to adult entertainment enterprises:
(1) Article 1175, Section 26 and Article 101la -1011f of the
Revised Civil Statutes of Texas authorizes home rule cities
to divide the City into districts and regulate the use of
property within the districts for the purpose of promoting
health, safety, morals, and for the protection of the general
welfare of the community.
(2) Article 1175, Section 34, of the Revised Civil Statutes
of Texas authorizes home rule cities to enforce all
ordinances necessary to protect health, life, and property,
and to preserve the good government, order and security of
such cities and their inhabitants.
(3) There are several adult entertainment enterprises in the
city that require special supervision from the public safety
agencies of the city in order to protect and preserve the
health, safety, and welfare of the patrons of such businesses
as well as the citizens of the city.
(4) The city council finds that adult entertainment
enterprises are used for sexual liaisons of a casual nature.
(5) The concern over sexually transmitted diseases is a
legitimate health concern of the city which demands
reasonable regulation of adult entertainment enterprises in
order to protect the health and well -being of the citizens.
(6) There is convincing documented evidence that adult
entertainment enterprises, because of their very nature, 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. Numerous studies, reports, and findings concerning
the harmful effects of adult entertainment uses on
surrounding land uses and neighborhoods have been produced.
A. DETROIT - The Detroit Adult Entertainment Use
Regulations were adopted in 1972 as part of an
"Anti Skid Row Ordinance" that prohibited ran adult
entertainment business within 500 feet of a
residential area or within 1000 feet of any two
other regulated uses. The term regulated use
applied to a variety of other sexual entertainment
establishments, including adult theaters, adult
bookstores, cabarets, bars, taxi dance halls, and
hotels. During the hearings on the ordinance, the
Exhibit B
Ordinance No.
Page 2
City introduced extensive documentation that
demonstrated the adverse socio- economic and
blighting impacts that adult entertainment uses
have on surrounding development. The documentation
consisted of reports and affidavits from
sociologists, urban planners, and real estate
experts, as well as some laymen on the cycle of
decay expected in Detroit from the influx an!
concentration of such establishments.
B. AMARILLO - In 1977, the Amarillo Planning
Department prepared a report entitled, A Report on
Entertainment Uses in Amarillo. The report
concluded that adult entertainment uses have
adverse impacts on surrounding land uses, and that
those impacts can be distinguished from those of
other businesses. The study found that street
crime rates are considerably above the City's
average in areas immediately surrounding the adult -
only businesses, and that late at night, during
their primary operating hours, these businesses
create unique problems of noise, glare, and
traffic.
C. LOS ANGELES - A November 1984 report, The Current
Status of Pornography and Its Effect on Society,
prepared by the Los Angeles .Police Department's
Vice Division, identifies the adverse effects of
concentrating adult entertainment businesses. The
report states, "The proliferation and clustering of
sex - oriented businesses adversely impacts the crime
rate in those adjacent areas . . . The overwhelming
increase in prostitution, robberies, assaults,
thefts, and proportionate growth in police
personnel deployed throughout Hollywood are al`
representative of the blighting that the clustering
of adult entertainment establishments has. on tY
entire community."
D. INDIANAPOLIS - In 1984, Indianapolis surveyed re
estate experts on the impact that adu:
entertainment uses had on surrounding propexi,
values. A random sample (20 percent), of the
national membership of the American Institute
Real Estate appraisers was used. The opinion
survey found that an adult bookstore located in t`_1
hypothetical neighborhood described would have a
negative impact on residential property values of
premises located within one block of the site.
Exhibit B
Ordinance No.
Page 3
E. PHOENIX - A 1979 Planning Department study compared
three study areas containing adult entertainment
uses with three control areas that had similar
demographic and land use characteristics but not
adult entertainment businesses. Their study
indicated that, on the average, "In the three study
areas, property crimes were 36 percent higher,
violent crimes were 4 percent higher, and sex
crimes were over 600 percent higher than in the
control areas.
F. ST. PAUL, MINNESOTA - In 1978, the Planning
Department of St. Paul completed a study of
Effects on Surrounding Area of Adult Entertainment
Businesses. The study concluded: (1) that there
was a statistically significant correlation between
neighborhood deterioration as reflected in housing
values and crime rates and the location of adult
entertainment businesses; (2) the statistical
relationship was still significant after taking
into account certain marketing factors, and; (3)
there was a stronger correlation with neighborhood
deterioration after establishment of an adult
entertainment business than before.
G. BEAUMONT, TEXAS - The effects of the concentration
of adult entertainment uses in Beaumont was clearly
illustrated in the commercial revitalization plan
for the Charlton - Pollard neighborhood that was
prepared by the City's Planning Department in May
of 1981. This plan described the economic decline
that followed the establishment of adult
entertainment uses in a specific neighborhood. It
was noted that the growing presence of adult
businesses drive away neighborhood commercial
stores.
H. SEATTLE, WASHINGTON - In 1976, the City of Seattle
amended its zoning ordinance providing for the
gradual elimination of nonconforming adult
theaters. In a memorandum to the City Planning
Commission from the Planning Department, proposed
zoning ordinance amendments are recommende& based
on the evidence that neighborhood property values
will be negatively impacted and that residents fear
that some of the people attracted by adult theaters
may constitute a threat to the comfort and safety
of the residents. Evidence was presented in the
report which indicated that adult theaters were not
Exhibit B
Ordinance No.
Page 4
compatible with adjacent residence and other types
of uses such as churches, schools, etc.
I. AUSTIN, TEXAS - In May of 1986 the Austin Planning
Department published a report on adult businesses
in Austin. An analysis of crime rates in Austin
was conducted by comparing areas with adult
businesses to areas without adult businesses. Four
study areas were chosen that did not contain adult
businesses. Two study areas were chosen
containing only one adult business each, and two
study areas were chosen containing two adult
businesses each.
Within those study areas containing adult
businesses, sex crimes were found to be from two to
nearly five times the city -wide average. Also, sex
related crime rates were found to be 66% higher in
study areas containing two adult businesses as
compared to study areas containing only one (1)
adult business.
Austin conducted a survey of 120 real estate
appraisers and lending institutions. Eighty -eight
percent (88$) of those responding indicated a
belief that an adult bookstore would decrease
residential property values within one (1) block,
and 59$ felt that residential property values would
decrease within three (3) blocks. A survey of
three adult businesses in Austin revealed that only
three customers had addresses within one mile of an
adult business and 44$ of all customers visiting
the three adult businesses had addresses outside
the City of Austin.
From the studies that have been presented,
concentrations of adult entertainment uses within a community
have a serious deleterious physical, social, and economic
effect on surrounding areas. The studies show that
regulations requiring the dispersion of adult entertainment
uses are justified. The studies also show that because of
their very nature, adult entertainment uses can and should be
relegated to nonresidential and nonretail zoning distficts.
Exhibit H
Ordinance No.
Page 5
(7) Studies conducted in other cities and states throughout
the country have shown a decline in neighborhoods, and
neighborhood oriented commercial, religious, and
institutional facilities when exposed to adult entertainment
facilities.
The City of Abilene is relying on the findings of these
studies and is attempting to benefit the public welfare by
proposing such new zoning rules.
(8) The Supreme Court has upheld the validity of such
controls that disperse these kinds of activities within
zoning districts that are less sensitive to their blighting
influences.
(9) That there will be adequate locations for adult
entertainment enterprises within the City of Abilene, after
passage of the adult entertainment enterprise ordinance.
There will be approximately 5% of the City available for
relocation sites and in excess of 50 possible sites within
the city.
(10) It is recognized that adult entertainment enterprises
due to their nature have serious objectionable operational
characteristics particularly when they are located in close
proximity to each other, thereby contributing to urban blight
and downgrading the quality of life in the adjacent areas.
(11) The city council desires to minimize and control these
adverse effects and thereby preserve the property values and
character of surrounding neighborhoods, deter the spread of
urban blight, protect the citizens from increased crime,
preserve the quality of life, and protect the health, safety,
and welfare of the citizenry.
ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING CHAPTER 12, "UNIFIED
DEVELOPMENT ORDINANCE, ", REPEALING SECTION 17, "SEXUALLY- ORIENTED
COMMERCIAL ACTIVITIES" OF CHAPTER 4 "BUSINESS REGULATIONS ", AND
ARTICLE K, "DRIVEWAY ACCESS LOCATION AND DESIGN POLICY" OF SECTION 3,
"DEVELOPMENT OF STREETS" OF CHAPTER 3 "BUILDING REGULATIONS" ALL OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET
OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," of the Code of Ordinances
of the City of College Station, Texas, be repealed and mil} Exhibit "A ",
attached hereto and made a part of this ordi/ces 11 purposes.
PART 2: That Section 17, "Sexually Oriented CActivities ", of Chapter 4,
"Business Regulations" of the Code of Orthe City of College Sta tion,
Texas is hereby repealed.
PART 3: That Article K, "Driveway Access cation and Design Policy" of Section 3,
"Development of Streets" of Chap r 3, "Building Regulations" of the Code of
Ordinances of the City of College ation, Texas is hereby repealed.
PART 4: That if any provisions of an y se tion of this ordinance shall be held to be void or
unconstitutional, such holding hall in no way effect the validity of the remaining
provisions or sections of th' ordinance, which shall remain in full force and
effect.
PART 5: That any person, =, corporation violating any of the provisions of this
chapter shall be d d guilty of a misdemeanor, and upon conviction thereof
shall be punish/eb a fine of not less than Twenty -five Dollars ($25.00) nor
more than Two and Dollars ($2,000.00). Each d ay such violation shall
continue or be ed to continue, shall be deemed a separate offense. Said
Ordinance, beinal ordinance, becomes effective ten (10) days after its date
of passage by t Council, as provided by,&ction 35 of the Charter of the
City of College .
PASSED, ADOPTED and AVPROVED this 23` day of September, 2004.
APPROVED:
RON SILVIA, Mayor
ATTEST: ✓��� ��
O /group /legal /ordinance /amendmen (form. doc
ORDINANCE NO.
Connie Hooks, City Secretary
APPROVED:
City Attorney
Page 2
culo: Weve_serlcoversheets12004 coversheetslseptember 231udo annual reviewlattach 5 - udo ordinance.doc
9/!5/04
ORDINANCE NO. Page 3
Exhibit "A"
Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of College
Station, Texas, is repealed and replaced with the following "Unified Development Ordinance"
containing Articles 1 -11, attached hereto and made a part of this ordinance for all purposes.
culo:Weve_serlcoversheets12004 coversheetslseptember 2Yudo annual reviewlattach 5 - udo ordinance.doc
9/15/04
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2617, "UNIFIED DEVELOPMENT
ORDINANCE ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION
BY ADDING A NEW PART 5 RELATED TO "SEXUALLY- ORIENTED BUSINESSES ",
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART I. That Parts 1 through Part 4 of Ordinance No. 2617 shall remain in full force and
effect as adopted on March 13, 2003.
PART II: That a new Part 5 is added to Ordinance No. 2617, which adopted the "Unified
Development Ordinance ", as set out in Exhibit C, attached hereto and made a part
of this ordinance for all purposes;
PART III: Said Ordinance shall become effective immediately upon passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this day of June, 2003.
APPROVED:
Ron Silvia, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
City Attorney
EXHIBIT C
PART 5: The regulations contained within the "Unified Development Ordinance"
pertaining to "Sexually- Oriented Businesses" are based on evidence concerning
the adverse secondary effects of adult uses on the communities presented in
findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41
(1986) and in studies set out below:
- Detroit, Michigan
- Amarillo, Texas
- Los Angeles, California
- Indianapolis, Indiana
- Phoenix, Arizona
- St. Paul, Minnesota
- Beaumont, Texas
- Seattle, Washington
- Austin, Texas