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Home My WebLink AboutORD 1987-080 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-80 AN ORDINANCE AMENDING ORDINANCE N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AS AMENDED, BEING ALSO KNOWN AS APPENDIX D OF THE CITY CODE OF �: , GRAPEVINE, TEXAS, BY AMENDING SUBSECTION A OF SECTION 12 RELATING TO DEFINITIONS, BY AMENDING SUBSECTION A OF SECTION 40 RELATING TO DALLAS-FORT WORTH INTERNATIONAL AIRPORT � DISTRICT BY ADDING A NEW PARAGRAPH 3 ALLOWING SEXUALLY ORIENTED BUSINESSES AS A NEW PERMITTED USE THEREIN SEXUALLY ORIENTED BUSINESS AND BY AMENDING SUBSECTION B OF . SECTION 49 RELATING TO SPECIAL USE PERMITS BY ADDING A NEW PARAGRAPH 8, SEXUALLY ORIENTED BUSINESS, AS AN AUTHORIZED SPECIAL USE IN LIGHT INDUSTRIAL DISTRICTS AND IN PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS ONLY UPON THE ISSUANCE OF A SPECIAL USE PERMIT; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE CHANGES IN THE AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1 ,000 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. ,�,,,, WHEREAS, the City Council of the City of Grapevine, Texas (the "City" ) , upon the recommendation of the Planning and Zoning Commission, desires to establish as a permitted use in Dallas-Fort Worth International Airport District sexually oriented business and to establish as an authorized special use in Light Industrial Districts and in Planned Industrial Development Districts sexually oriented business only upon the issuance of a Special Use Permit under the Comprehensive Zoning Ordinance of the City, Ordinance No . 82-73, as amended, being known also as Appendix D of the City Code of the City (the "Comprehensive Zoning Ordinance" ) ; and WHEREAS, the Planning and Zoning Commission and the City Council , in compliance with the laws of the State of Texas, and with the provisions of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the Planning and Zoning Commission and the City Council have reviewed studies of the effects of sexually �,:, oriented businesses on the crime rate and property values for the cities of Houston, Amarillo, Beaumont, Austin, Indianapolis, Los Angeles, Phoenix and Las Vegas; and �`� WHEREAS, these studies indicate that the adoption of the provisions contained in this Ordinance would be in the public interest and further the health, safety and welfare of the citizens of the City; and WHEREAS, after notices were given and public hearings conducted in compliance with State law, the Planning and Zoning Commission recommended certain amendments, additions, changes and deletions to various sections of the Comprehensive Zoning Ordinance; and WHEREAS, after due deliberation and consideration of the recommendations of the Planning and Zoning Commission and all of the information submitted during the public hearings, the City Council has concluded that it is in the public ' s best interest and in support of the health, safety, morals and general welfare of the City that the Comprehensive Zoning Ordinance be amended by (i) adding to Subsection A of Section 12 relating to Definitions certain defined terms relating to sexually oriented businesses, (ii) adding to Subsection A of Section 40 relating to Dallas-Fort Worth International Airport �`"` District a new numbered paragraph to add sexually oriented business as a permitted use therein, and ( iii) adding to Subsection B of Section 49 relating to Special Use Permits a �;� new paragraph 8 to add sexually oriented business as an authorized special use in Light Industrial Districts and in Planned Industrial Development Districts only upon the issuance of a Special Use Permit . s ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Ordinance No . 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, as amended, being also known as the Comprehensive Zoning Ordinance of the City Code of Grapevine, Texas, is hereby amended in the following particulars and that all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Comprehensive Zoning Ordinance are not amended, but shall remain intact and are hereby ratified, verified and af f irmed: �' A. Subsection A of Section 12 of the Comprehensive Zoning Ordinance relating to Definitions is hereby amended to „�,;« add the following definitions, which definitions shall be inserted in alphabetical order among the existing definitions and numbered accordingly as follows : 2 .b. "ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines , projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas . 2c . ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which as one of its principal business �'"' purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more �;,,�„ of the following: 1 . books, magazines , periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or 0 1 7 1 L -2� 2. instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities . 2 .d. ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features : 1 . persons who appear in a state of �3 nudity or seminudity; or 2 . live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or - 3 . films, motion pictures, video ' cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual . activities or specified anatomical areas . 2e. ADULT MOTEL means a hotel , motel or similar commercial establishment which: i . offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic ^� " reproductions which are characterized by the depiction or ,��, description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this type of photographic reproductions; or 2 . offers a sleeping room for rent for a period of time that is less than 10 hours; or 3 . allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours . 2 . f . ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are ^�'� regularly shown which are characterized by the depiction or description of specified sexual activities or ,,,�,� specif ied anatomical areas . 2 .g ADULT THEATER means a theater , concert hall , auditorium, or similar commercial establishment which regularly features , persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by ' specified sexual activities . oi � ic -3- . 137. ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 138. ESCORT AGENCY means a person or business association who furnishes, "�� offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. 139 . ESTABLISHMENT means and includes any of the following: 1 . the opening or commencement of any sexually oriented business as a new business; 2 . the conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business; 3 . the addition of any sexually oriented business to any other existing sexually oriented business; or 4 . the relocation of any sexually oriented business . �. ,,.. 278 . a. NUDE MODEL STUDIO means any place where a person who appears in a state of �� nudity or seminudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. 278 .b. NUDITY or a STATE OF NUDITY means and includes either of the following: 1 . the appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or 2 . a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast . �:.,. 324 . a. PERSON means an individual , proprietorship, trust, partnership, corporation, association, or other "'��Y legal entity. 390 . a. SEMINUDE means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices . 0 1 7 1 L -4- 391 .a. SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: 1 . physical contact in the form of wrestling or tumbling between persons of the opposite sex; or "�'"` 2. activities between male and female persons and/or persons of the same sex when one or more of the �, persons is in a state of nudity or seminudity. 391 .b. SEXUALLY ORIENTED BUSINESS means an - adult arcade, adult bookstore or adult " video store, adult cabaret, adult motel, adult motion picture theater , adult theater, escort agency, nude model studio or sexual encounter center, as such terms are defined herein. 394 . a. SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual arousal . 394 .b. SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: 1 . the fondling or other erotic touching of human genitals , pubic region, buttocks, anus, or female � breasts; or 2 . sex acts, normal or perverted, �.,� actual or simulated, including intercourse, oral copulation, or sodomy; or 3 . masturbation, actual or simulated; or 4 . excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above. " B. Subsection A of Section 40 of the Comprehensive Zoning Ordinance relating to Dallas-Fort Worth International Airport District is hereby amended to add sexually oriented business as a permitted use in Dallas-Fort Worth International Airport District by adding a new paragraph 3, which shall read as follows : "3 . Sexually oriented businesses . A sexually oriented business shall not be located within one thousand ( 1, 000) feet of �""' a church, a school , a boundary of a residential district, a public park or the property line of a lot devoted to residential use. A sexually oriented business shall comply with the requirements of Chapter 14 , Article V of the City Code and shall be regulated and licensed as provided therein. " C. Subsection B of Section 49 of the Comprehensive Zoning Ordinance relating to Special Use Permits is hereby amended to add sexually oriented business as an authorized special use in Light Industrial Districts and in Planned 0 1 7 1 L -5- Industrial Development Districts only upon the issuance of a Special Use Permit, by adding a new paragraph 8, which shall read as follows : "8. Sexually Oriented Businesses . (a) A sexually oriented business shall be a permitted use only in Light Industrial Districts and in Planned Industrial Development Districts and only upon the �"'� issuance of a Special Use Permit in accordance with and pursuant to the provisions of this Section 49 . A sexually . oriented business shall not be located within one thousand ( 1 ,000) feet of a church, a school, a boundary of a residential district, a public park or the - property line of a lot devoted to " residential use. (b) A sexually oriented business shall comply with the requirements of ehapter 14 , Article V of the City Code and shall be regulated and licensed as provided therein. " Section 3 . This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of the said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to � �' exceed One Thousand Dollars ($1 ,000 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs . Section 5 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 6 . The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. �� 0 1 7 1 L -6- PASSED AND APPROVED oIl the 17 th d8y of Nc�vPrnhPr . 1987. C��%� Mayor, City of Grapev;ne, Texas ATTEST: �,� �.�.�.. City ec ary City of Grap ine, Texas [SEAL] APPROVED AS TO FORM: _.._.---- " /,��__ � � ------_.�-, �-----.. �� City Attorney City of Grapevine, T xas ,�:u.,n � �� 0 1 7 1 L -7-