HomeMy Public PortalAboutOrdinance No. 902-01 06-26-2001 ORDINANCE NO. 902-01
AN ORDINANCE AMENDING CHAPTER 12 "ZONING" OF
THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, AS AMENDED, TO PROVIDE REASONABLE
REGULATIONS TO PREVENT THE CONCENTRATION OF
SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, numerous studies have shown that a concentration of sexually oriented
businesses in close proximity tends to promote increased criminal activity, urban blight and to
decrease property values in the immediate area; and
WHEREAS, the City Council of the City of Richland Hills desires to provide reasonable
regulations to prevent the concentration of such businesses, in order to promote the health, safety
and general welfare of the citizens of the City of Richland Hills; and
WHEREAS, the Richland Hills Planning and Zoning Commission has held a public hearing
upon the proposed regulations contained herein, and has forwarded its report and recommendation
thereon to the City Council; and
WHEREAS, the City Council of the City of Richland Hills, Texas, after study, now finds
and determines that the following regulations will promote the health, safety and welfare of tl;e
citizens of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Article 9 "SUPPLEMENTARY DISTRICT REGULATIONS" of Chapter 12
"ZONING" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby
amended by the addition thereto of a new division 13 "SEXUALLY ORIENTED BUSINESSES",
which new division and section shall hereafter be and read as follows:
Division 13. Sexually Oriented Businesses
Sec. 90-371. Sexually Oriented Businesses -Business Regulations.
(a) The purpose of this section is to promote the health, safety, morals, and general
welfare of the citizens by establishing reasonable and uniform regulations pertaining
to sexually oriented businesses so as to prevent the concentration of such businesses
within the city.
(b) Businesses fitting the definition of "sexually oriented business" as defined by this
chapter, or as defined in other portions of this Code of Ordinances, shall comply with
the following locational requirements:
(1) No person shall operate or cause to be operated a sexually oriented business
• within 500 feet of a church, public or private elementary or secondary school,
public park, public library, residential use, property zoned forresidential use,
or another sexually oriented business.
(2) No person shall establish, operate or cause to be operated,asexually oriented
business in any building, structure or portion thereof containing another
sexually oriented business.
(3) The distance between a sexually oriented business and any adjacent structures
other than another sexually oriented business shall be measured in a straight
line without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a tenant space occupied for a
sexually oriented business to the nearest property line of the premises of a
church, public or private elementary or secondary school, public park, public
library, or residential use.
(4) The distance between any two sexually oriented business shall be measured
in a straight line, without regard to intervening structures or obj ects, from the
closest exterior wall of the structure in which each business is located, or
from the wall of the tenant space occupied, as applicable.
• (c) No person may operate or cause to be operated a sexually oriented business without
first meeting the licensing requirements prescribed in Chapter 4, Section 6 of this
Code of Ordinances.
II.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
III.
Saving Clause. That Chapter 12 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
ORDINANCE NO. 902-01 Page 2
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 26tY~lay of 2001, by a vote of ~ ayes, ~ nays,
and ~ abstentions.
APPROVED:
C. F. Kelley, Mayor
ATTEST:
r '7
Terri Willis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
•
James A. Cribbs, City Attorney
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