Description
I'm not sure where the proper venue is to complain or what the city's policy is but the Christal's on N. Beach street has racy pictures in the windows for all to see. My kids and neighborhood kids point and ask what kind of place that is...Now I just avoid that end of Beach. I don't mind the business being there but do they have to put pictures and lingerie in the windows?
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Concerned Mom (Guest)
Innocent Bystander (Registered User)
City of Haltom City (Registered User)
Sec. 62-249. - Location of sexually oriented businesses.
(a)
A person commits an offense if he establishes, operates, or causes to be operated or expanded a sexually oriented business within 1,400 feet, without regard to city boundaries, of:
(1)
A church or synagogue;
(2)
A public or private elementary or secondary school or licensed day care center;
(3)
A boundary of a residential district;
(4)
A public park;
(5)
A public library; or
(6)
The property line of a lot devoted to a residential use as defined in this section.
(b)
A person commits an offense if he establishes, operates, or causes to be operated a sexually oriented business within 750 feet of any other sexually oriented business without regard to city boundaries.
(c)
A person commits an offense if he establishes, operates, or causes to be operated a sexually oriented business in any building structure or portion thereof containing another sexually oriented business.
(d)
For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as tenant space occupied for a sexually oriented business to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day care center, public library, or to the nearest boundary of a public park, residential district, or residential lot.
(e)
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, 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.
(f)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the locational requirements of subsection (a) or (b) 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 750 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.
(g)
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.
(h)
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 license, of a church, synagogue, public or private elementary or secondary school, licensed day care center, public park, public library, residential district or a residential lot within 1,400 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Code 1973, § 12-129; Ord. No. O-29-93, § 1 , 11-8-93)
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