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Sexually Oriented Businesses - Zoning Use Chart
ORDINANCE NO. 95-3052
AN ORDINANCE OF THE CITY OF PLAINVIEW, HALE
COUNTY, TEXAS, AMENDING THE USE CHART IN
SECTION 8.1 OF THE PLAINVIEW ZONING ORDINANCE
TO PROVIDE FOR ZONING OF SEXUALLY ORIENTED
BUSINESSES; SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE;
EFFECTIVE DATE.
WHEREAS, the proposed addition to the Zoning Ordinance as herein after made has
been duly presented to the Planning and Zoning Commission for its recommendation which
was received by the City Council; and
WHEREAS, notice of time and place of this public hearing was posted at City Hall;
WHEREAS, said hearing was held in the City Council Chambers of the City Hall,
Plainview, Texas; and after said hearing, it was determined by the City Council that it would
be in the public interest to, due to changed conditions, amend the zoning ordinance in the
manner hereinafter set forth in the body of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Plainview, Texas that:
SECTION I.
Section 9:5.51 shall be created to read as follows:
5.51.
SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or
adult video stOrel adult cabaret, adult motel, adult motion picture theater, adult
theater, escort agency, nude model studio, or sexual encounter center.
The Zoning Chart shall be amended as follows:
TYPE OF USE
Sexually oriented business
~, OF~EICE, ~6ETAI~L, COMME~RCIAL AmD SERVICE TYPE USES
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Section 8:3.12 Shall be added as follows:
8.3.12 SEXUALLY ORIENTED BUSINESSES
1. A sexually oriented business shall be prohibited within one thousand (1,000) feet of the
property line of any church, public school, or public hospital and shall be prohibited within three
(300) feet of the boundary of any residentially zoned district. All distances provided for in this
section shall be measured in accordance with applicable laws of the State of Texas (¥.T.C.S.,
Alcoholic Beverage Code Sec. 109.33 as amended).
2. The provisions of this section are in addition to any other applicable regulations stated in
the zoning ordinance.
SECTION II.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining provisions thereof.
SECTION III.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating, or governing the
subject matter herein.
SECTION IV.
All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith,
are hereby amended to conform with the provisions hereof.
SECTION V.
This ordinance shall be of full force and effect upon its passage.
Lloyd Woods, Mayor
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333
ATTEST:
n McBeth, ~2ity Secretary
^~ROVED AS T~ I~ORM: .
Wally H~atc ~. City !~~t~rn~e y~t
APPROVED AS TO CONTENT:
Mu~f~ond6n, Dir. of Comm. Dev.
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