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HomeMy WebLinkAboutOrdinance 2257 ORDINANCE NO. 2257 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH REGULAL TIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, as amended, by establishing regulations for adult entertainment establishments as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 1100, Definitions, of Ordinance Number 1874, as amended, is hereby amended to insert the following: Adult Entertainment Establishment - a. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; and I or b. Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity. c. The term "adult entertainment" shall not be construed to include: 1. Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, licensed athletic trainers; 2. Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; Ordinance 2257 Page 1 3. Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or 4. Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school or public or private college or University. 2. THAT, Section 310, Table of Permitted Uses of Ordinance Number 1874, as amended, is hereby amended to insert Adult Entertainment Establishment as a permitted use by right in the 1-2 Medium Industrial District. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 or 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. 4. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. Ordinance 2257 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11TH DAY OF DECEMBER, 1997. ~~~ ..~... (.... (.~...'... //... f. ·.·â,:;·~.. irman, Planning and Zoning Commission /t/ V"~1 if"~ ¡::AJ(h'·''ÝV\j Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF DECEMBER, 1997. ~~.~~~ Mayor, cifiof N9f1:h Richland Hills, Texas ATTEST: r::lt2ózldtti ~ ~;Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: ~ (k" .~ -··þ/L ~ Attorney fort City Ordinance 2257 Page 3