(A)
Sexually oriented businesses are only allowed in general industrial districts (GI) subject to the limitations in this chapter. If at such time there are no GI zoned properties that are outside of the areas outlined in subsection (B) a sexually oriented business is permitted in the light industrial district (LI) subject to the limitations outlined in this chapter. An operator of a sexually oriented business commits a violation if the operator operates or causes to be operated a sexually oriented business in a zoning district that does not expressly permit that type of commercial use in the zoning district.
(B)
In
addition to being located in a proper zoning district, an operator
commits a violation if the operator operates or causes to be operated
a sexually oriented business within 750 feet, if located in the GI
district, or within 1,000 feet when permitted to be located in the
LI district, of an existing:
(C)
For the purpose of subsection (B), measurement of the 750-foot distance, or 1,000-foot distance when applicable, will be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing child-care facility, church, elder care facility, family oriented business, hospital, public building, other sexually oriented business, or school, from the boundary line of a public park or residentially zoned land. For dwellings, the 750-foot distance will be measured in a straight line from the nearest point of the foundation to the nearest property line of the property sought to be used as a sexually oriented business.
(D)
Also for the purposes of subsection (B) above, measurement of the 750-foot distance, or 1,000-foot distance when applicable, will also include child-care facilities, churches, dwellings, elder care facilities, family oriented businesses, hospitals, public buildings, public parks, other sexually oriented businesses, residentially zoned land, or schools that are located in an adjoining city, township or rural land area and that are within the 750-foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the city.
(E)
Sites that are eligible to be located within the LI zoning district must comply with the base development criteria established in Chapter 157 for LI zoned properties however are subject to the architectural standards established for office, retail, and commercial properties in lieu of compliance with the architectural standards established for industrial properties.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
A Sexually Oriented Business may only be open between the hours
of 10:00 a.m. and 10:00 p.m. Monday through Saturday. A Sexually Oriented
Business also may not be open for business on any legal holiday recognized
by the State of Texas.
(A)
If a Sexually Oriented Business obtains a Specialized Certificate of Occupancy under this chapter and such license is not suspended or revoked, the Sexually Oriented Business is deemed conforming to the terms of this chapter and chapter 157, the Zoning Code of the Code of Ordinances of the City of Pflugerville, concerning location of the Sexually Oriented Business for a period of 3 years regardless of any subsequent amendments to this chapter, provided that the Sexually Oriented Business applies for a new certificate before its current certificate expires, is suspended, or revoked.
(B)
Notwithstanding subsection (A) of this section, if a Specialized Certificate of Occupancy would be made nonconforming by an amendment to chapter 157, the Zoning Code of the Code of Ordinances of the City of Pflugerville, that changes the zoning designation that applies to the area where the Specialized Certificate of Occupancy is located, the Specialized Certificate of Occupancy shall expire and the Sexually Oriented Business must discontinue operation either before 3 years have elapsed from the date the use becomes nonconforming or once 3 years have elapsed from the date the use becomes nonconforming. If the nonconforming use that results from a rezoning is discontinued, interrupted or changed before the 3 years has expired, any subsequent use of the land that the Specialized Certificate of Occupancy was granted for shall be in conformity with the provisions of this chapter and chapter 157.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
The application of the regulations in this section may be modified
by prior written approval of the City Manager to reasonably accommodate
legitimate needs of a particular business to promote on-premise security
and safety measures for the premises and the Persons thereon, such
as security personnel, security doors, money cages, storage rooms
and limited access areas. Unless so modified, the city or its designated
representatives may issue citations for violations of the following
regulations that occur on the premises of a Sexually Oriented Business
at any time the establishment is occupied or open for business:
(A)
No
increase of the floor area or modification in the internal structural
configuration of a Sexually Oriented Business may be made beyond the
area or configuration as shown in the floor plan as approved with
the issuance of the Specialized Certificate of Occupancy. The Operator
must maintain a copy of the approved floor plan posted with the Specialized
Certificate of Occupancy, in a conspicuous place within the premises.
(B)
The
Operator of a Sexually Oriented Business must permit and cooperate
with the appropriate City Enforcement Personnel to inspect the entire
premises at any time the Sexually Oriented Business is occupied or
open for business and at other reasonable times upon request, as well
as all activity being conducted therein.
(C)
Subject
to reasonable accommodations for legitimate security measures, including
approved internal surveillance video systems, the Operator must maintain
the entire premises sufficiently well to allow walk-through inspections
by City Enforcement Personnel without interference.
(D)
The
Operator must maintain every portion of the premises where Customers
are permitted access equipped throughout and illuminated at all times
with overhead lighting fixtures of sufficient illumination to provide
reasonably safe lighting conditions for patrons, Employees or City
Enforcement Personnel walking throughout the premises.
(E)
If
a Sexually Oriented Business is in operation during the hours of darkness,
the Operator must equip and illuminate all parking and pedestrian
areas of the premises by overhead lighting fixtures of sufficient
illumination to provide reasonably safe lighting conditions for Persons
or vehicles traveling into, on or out of the property. The lighting
fixtures must be directed onto the property in accordance with section
155.207 of the city’s Code of Ordinances of the City of Pflugerville
and all other applicable sections of this code regarding site lighting
to avoid being directed onto neighboring properties.
(F)
The
Operator may not utilize or allow restrooms or Employee dressing rooms
to be utilized for Sexually Oriented Business purposes or for the
offering of any sexually oriented merchandise to Customers.
(G)
The Operator must maintain at least one conspicuous sign at each public entrance which in all respects complies with the sign Ordinance located in chapter 154 of the Code of Ordinances of the City of Pflugerville, of a size of at least 24 inches in height and 36 inches in width, easily visible and legible to all Persons before entry into the establishment, that contains a statement (with letters at least three inches wide and six inches tall in size) to the effect:
THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT THAT REGULARLY
FEATURES [description of the type of activity or merchandise as permitted
herein]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO
NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE IS ALLOWED ENTRY [or
if alcoholic beverages are sold on the premises]--NO PERSON UNDER
21 YEARS OF AGE IS ALLOWED ENTRY.
(H)
In addition, a sign shall be displayed that warns patrons of a Sexually Oriented Business of the symptoms and causes of Acquired Immune Deficiency Syndrome (AIDS). Such sign shall comply with the sign Ordinance located in chapter 154 of the Code of Ordinances of the City of Pflugerville and shall be of a size of at least 24 inches in height and 36 inches in width, easily visible and legible to all Persons before entry into the establishment with letters at least three inches wide and six inches tall in size.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
The sale, use, or consumption of alcoholic beverages on the
premises of a Sexually Oriented Business is prohibited.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
