06/21/2007-PZ-Agenda Packet-RegularAGENDA
PLANNING AND ZONING
THURSDAY, JUNE 21, 2007
7:00 P.M.
201 BOLIVAR
1. Call Meeting to Order.
2. Minutes: May 31, 2007
3. Elect Chair and Co -Chair Persons.
4. Conduct Public Hearing to Consider a Specific Use Permit for outside display and sale
of playground equipment, backyard storage buildings and carports on Property Legally
Described as Part of Abstract 1241, Tract 222. Property is located at 1200 S. Stemmons
(beside Smokey's)
5. Consider and Possible Action Regarding a Specific Use Permit for outside display and
sale of playground equipment, backyard storage buildings and carports on Property
Legally Described as Part of Abstract 1241, Tract 222. Property is located at 1200 S.
Stemmons (beside Smokey's)
6. Conduct Public Hearing to Consider a Zoning Change Request from Ag (Agriculture)
to 1-1 (Industrial -1) on property legally described as Abstract 71, Tract 4A being 1324
acres and Abstract 940, Tract 5A, being 3.93 acres. Property is Located on Cowing
Road
7. Consider and Possible Action Regarding a Zoning Change Request from Ag
(Agriculture) to 1-1 (Industrial -1) on property legally described as Abstract 71, Tract
4A being 1324 acres and Abstract 940, Tract 5A, being 3.93 acmes. Property is Located
on Cowling Road
8. Conduct Public Hearing to Consider Amending the Zoning Ordinance by creating a
classification for "outside display and sales" and creating a classification for "Modular
Building Sales, Service and Rental
9. Consider and Possible Action Regarding Amending the Zoning Ordinance by creating
a classification for "outside display and sales" and creating a classification for "Modular
Building Sales, Service and Rental
10. Conduct Public Hearing to Consider a Zoning Change Request from Ag (Agriculture)
to 1-1 (industrial -1) on property Legally Described as Abstract 29, Tracts 108,110, and
111. Property is Located South of Lois Road, between the Railroad tracts and
Stemmons Freeway.
11. Consider and Possible Action Regarding a Zoning Change Request from Ag
12.
13.
14.
(Agriculture) to I-1(industrial -1) on property Legally Described as Abstract 29, Tracts
108,110, and 111. Property is Located South of Lois Road, between the Railroad tracts
and Stemmons Freeway.
Consider and Possible Action on a Final Plat for Indian Lane Elementary
Consider and Possible Action on Review of Zoning, Subdivision and Building
Ordinances.
Adjourn.
Rosalie Chavez, City
Sq
Cam', ''• ..�`
X Ag...����
Time Posted
.306M
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the
City Secretary's office at (940) 458-7930 for further information.
ENGINEERING DEPARTMENT
P.O. Box 1729 ' 201 Bolivar St' Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr. Samantha Renz, Engineering Coordinator
Re: Minutes
Attached are the minutes for the May 31, 2007 meeting. The minutes fro
the June 11'" workshop will be on the next agenda for approval.
MINUTES: PLANNING AND ZONING
MAY 31, 2007
PRESENT: Paul Edleman, Brian Hutcherson, Gary Bilyeu, Glen Jensen, Russell Martin
OTHERS
PRESENT: City Secretary/ Assistant City Manager Rose Chavez, City Engineer Rob Woods,
Engineering Coordinator Samantha Renz, Kevin Murphy
1. Gary Bilyeu Called Meeting to Order.
2. Minutes: May 179 2007
Gary Bilyeu noted two type's on page 4 of the minutes.
Russell Martin moved to approve the minutes as corrected. Glen Jensen seconded.
Motion carried unanimously.
3. Consider and Possible Action Regarding a Final Plat for Lakecrest Meadow
Subdivision, Phase II A, Lots 14, Block B and Lots 14, Block C; and Phase II-B Lots
5-7, Block B and Lots 5-7, Block C. Property is Located on Lakecrest Drive, North of
FM 455.
Gary Bilyeu indicated as per the engineer briefing, staff has recommended approval.
Russell Martin asked how many phases were in the project.
Kevin Murphy, Developer, indicated this phase will connect the fast phase with phase
U-C. This is the middle section. There is additional acreage to the North that he is
considering developing. He showed the preliminary plats of both Lakecrest Meadow and
Ridgecrest.
Mr. Murphy continued to discuss some possible future changes to the original
preliminary plat.
The surrounding area and surrounding development was discussed.
Discussed remaining lots in the fast phase.
Brian Hutcherson asked if this development had underground electric.
Mr. Murphy indicated that it did.
Brief Discussion followed regarding the development.
Glen Jensen moved to accept the Final Plat for Lakecrest Meadow Subdivision, Phase
H-A, Lots 14, Block B and Lots 14, Block C; and Phase II-B Lots 5-7, Block B and Lots
5-7, Block C. Brian Hutcherson seconded. Motion carried unanimously.
4. Consider and Possible Action on Review of Zoning, Subdivision and Building
Ordinances.
Gary Bilyeu indicated if an item that was requested by a board member was not going
to be on the agenda, that the board please be contacted ahead of time.
Discussion regarding applicants for board appointments.
Gary Bilyeu indicated he will be out of town duly 7" thru the 20', and he would like to
have a workshop before then.
Workshop scheduled for June 11, 2007 from 6:00 p.m. to 8:00 p.m.
Discussed changing the date of the meetings to the Thursday after the Council meetings
to give staff more time to prepare the information for City Council.
Commission agreed to change to the Thursday after City Council.
5. Meeting Adjourned.
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Bolivar St* Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: SUP for outside display and sales (Next to Smokey's)
Attached is the information on this request.
Exhibit #1 is the survey of the area that this business will use. It is a total
of 0.747 acres.
Exhibit #2 is the initial proposed layout of the business.
This is the time where the Planning and Zoning Commission will lay out all
of the restrictions they wished placed on this business. All of the items
Planning and Zoning recommends will be placed in the Ordinance that is
presented to the City Council on July 2, 2007.
I have also included a copy of the off street parking requirements and
exterior fagade requirements. At the last meeting these items were
discussed, I thought this might be helpful.
LEGEND
_ BENCHMARK (SM)
SURVEY CORNER
_ CONTROUNG MONUMENT
- BEARING BASIS
IRF . IRON ROD FOUND
IRS
CAP _ 1/2',, GIP IRON ROp SET
_ /2'
iCP . FENCE CORNER POST
MFCP . METAL FCP
NFCP . WOOD FOP
( ) _ PLAT OR DOW CALL'
Poe - POINT OF BECINNINO
POC - PONT OF COMENCEMEN
ROW - RICNT—OF—WAY
CE - COMMUNICATION EASON
OE - DRAINAGE EASEMENT
EE - ELECTRIC EASEMENT
ME - UTILITY EASEMENT
WE - WATERLINE EASEMENT
PUE - PUOUC UTILITY EASE
SCM - BURIED CABLE MARKER
BPM - BURIED PIPELINE
OR - ELECTRIC RISEN
Or . ELECTRIC TRANSFORMER
SS - SANITARY SEWEa
Sr - STORM SEWER
e
T
ENT
Nv+r
MARKER
I
DESCRIPTION
REJ Lone. SITU
0.747 ACRES
1\
County Clerk's File Number 08-117121
Grovel
Surface r
port Of O called 5.932 Acres _
ER
SURVhat certa;n parcel of EY, Abstract Number lit 1. City of nd situated in the HENRY So 9er. Denton ECCoouunty.
Texas. and being a called 5.932 acre tract or land described in
— —
a deed from Kenneth Charles Minhinnetl at ux to REJ lane.
N 86-49' 15"E 217.00_ _ — — — \
LTD. as recarded in County Clerk's File Number 06-117121,
Texas, being more
•
\
Red Property Records of Denton County. and
follows:
I OHO
Sign
,
\
\
porticulorty described as
BECNNING of tM Southwest comer of heroin oescn3ed porch,
1
from which the Southwest corner of soil 5.963 acre tract bean'
\
South 66 Degrees 49 Minutes 15 Seconds West. 60.00 feet:
I
N I
THENCE North 03 Degrees 10 Minutes 31 Seconds West, 150.00
0
feel to the Northwest corner of herein described Parcel;
O I
Z w I
THENCE North 86 Degrees 49 Minutes 15 Seconds East, 217.00
1
feet to the Northeast comer of herein described parcel:
0 I
� 0.747 ACRES W � o �
THENCE South 03 Degrees 10 Minutes 31 Seconds East. 150.00
�
o I
Z
O REJ Lone, LTD I
J�s c I
feet to the Southeast caner of herein described parcel• in o
South line of said 5.963 acres. and in the North right—of—way
C
0 o
W County Clerk's File Number 06-117121 g ,ry , o
fine of South 5th Street:
V)
N I
port of o called 5.932 acres n I
�r `v4F,4`� ^
West
V a
a
'� it0.?G '� N I I
THENCE South 86 Degrees 49 Minutes 15 Seconds with the
said right—of—way line and o South line of said 5.963 acres.
C C I
w� t1 5 O I
217.00 feet t0 the POINT OF BEGINNING and captaining 0.747
acres or Iona.
G< CAO
N 4;OGOJtz` O i I
m I
0 ,rQ.�A •�S� I I
I hereebby certi y that Sthis�sur 890
as been from on
Y
I
prepared
accurate on —the —ground survey al the premises depicted hereon
I
C I
O I
and described in the legal description attached hereto.
Q
I
conducted under my direction and supervision on 6/8/07 and
= I
I I
that the findings and results of said survey are We and
correct to the best of my knowledge and belief and that the
N Sti15"EI 72.95'
—
size, type ono location of visible and apparent permanent
1/2t IRF/C� improvements ore as shown. and that said survey correctly
' 1 SeeW 217.00! I I
. 1/2- IRF/CAP S 88'49'15_W S` 86e49 I
shows the location of all aueys. streets, maintained
rights-of-woy.and easements of record, as supplied to me, of
has
60.00'
which the undersigned is aware or been advised affecting
I 1/21 IRF/CAP
I
the subject premises according to the descriptions of record.
and that except as shown them ore no visible Or apparent
P08
intrusions.. onflicts or protrusion
f
/
N.C. MOM IN R.P.L.S. 842
Errors: The client or client's repreaenlatives will hove 45 days
VLF
from the data the survey was issued to change any misspellings
\
or any error on the survey report. often this time has expired
uR parties involved must except the survey as issued.
NOTE: Beorirlgs Based an the Texas Slate Plane Coordinate
South. 5th. Street
System NAO 83 North Central Texas Zone and G.P.S.
41' Asphalt Surloce
obeervotions.
NOTE: This survey sketch was performed without the benefit of
schedule A h 8 ar Title Binder,
NOTE: This survey may not comply with the Subdivision
Regulations of Denton County, Texas.
EXHIBIT
0- UGNT POLE (LP)
POWER POLE (PP)
UTILITY RISER (UR)
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0 - SGAS
COEtl� BAVION
MIEIER
�. CAS YALVE/TEST(Sr�
H.C. INGRAM, III
o _ oROPArsE r IIKE 1�
40 0 40 80 120A p 5842 a�C�
9 Or
P.O. BOX 118 lOB 070195-01
— — AWACENT PL
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IQ2UlI, TX 78249 DATE 6/7/07
LINE (BSI)
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GRAPHIC SCALE - FLBT
940-482-8729 OFFICE DRAF• A.C.
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940-482-9880 FAX REV13 H.C.I.
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SPECIFIC USE REQUEST
Date: $-1q — 07
Name: R E f L ate Q PLC — DSA (SCOTLCiAb YARD
c F SA 46A
Address: 120 C) S. .ST IE rA M O tS S
_ GE ITK_7G26G
Phone: 940 -391- 4416-
Sq�►�Et�?x 7`Z6 G
I am requesting a SUP on property located at _) Zoo S . ire M M na s , and legally described as
The numose for this SUP is as follows:
IL
LE or RsiycQoc3atz F-Qc1loom Ew1Tit &1*3C R.Al46TS IBACKtg2D
ST02ACE Bu1Lhipte.s AAb O—AApop-rS, BA-rmaaaon F-ACII.Vr d-S
wl Lt_ 6E UTI L I Z E bw 0 KEW +o aaa T*z a c i s c F �K • 5
C.J «<. as Se -t A s, 06 g y s.+-, o st CY
THE METES AND BOUNDS (LEGAL DESCRIPTIONI OF THE PROPERTY
MUST BE ATTACHED.
4
signa
Date received
Fee S_250.00 PD.
Rec'd by:
6LrJ, l OcMJ5
05/15/2007 09:30 9728747443 M PROFIT PAGE 01/01
•ag..AV1
Denton Central Appraisal District
Values are a WORK IN PROGRESS and may change at any time.
Home Property Detail Sheet (RS6753) +
General Information � H�t�orY � Glues � Dabrahe+t
News
FAQ Owner hwbmwdm
Searches OOwrler I0: 000608S7
wner Nante: REJ LAND, LTD
• Property 10 Search OWW Address: 1417 HUNTERS RIDGE CIR
DENTON,TX 79M
• Account Search Property Address: 1200 9 STENWHS
• Owner Search
• Address Search
• Advanced Search
Parcel bNormetion
Al A TIERWESTER. TRACT 222, ACRES 5.929, OLD DCAD SHT 3,
Property Data
p n;
Le" ain•
81
Detail Sheet
:
5.929
Cross Reference:
A1241A-0004222-0000
• History
Undivided Irdersst
100•/6
. Datasheet
E=rnjAlR^
Enrfty Codit.-
CIS (CRy Of Sanger)
Other
- -
001(Dw ten County)
$14 (Ssnow ISM
• Taxing Units
Geed Type:
Gwwal WD
• Neighborhoods
Deed Book:
Deed Page:
2006-117121
• Abstracts
MW P
• Subdivisions
• Reports
• Resources and Forms
Land HS:
$0 +
Land NHS:
S255,267+
• Supplements
Imprownwrit HS:
$0 +
• Employment
Improver"M "HS:
$01,154+
Ag Market
=0
• Online Maps/GIS
W.
Timber Lek
+
$0
• CIS Help
Timber Use:
$0 +
Assessed.
$M,421
• 2006 Tax Rates
• Public Notices
4
Improvernents ,
• GIS Onto Downloads
ID Type
SPTIS Sege Value
• Disclaimer
Imid C (C)
F1 (Ft - Real, Coenner+dal) 2 $ 277,776
Inrp2 C (C)
F1 (F1 • Real. Comm 1 $13.379
4
LWW
ID Type
SPT6 Acre: Market
Land" Q (Commero" F 1 (F1- Real, Commercial) • 5.921 S 258,267
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http://www.denWwA d.coat/A,pptei$dAh blicAccwsftop"DoWl.aispx? wpenyllD=383304&... 5/14J2007
The Shetland
6'si&waff
6X10..... $1, 624
10;04.....
$2, 399
8X10..... $1, 724
I Ox,i 6 .....
$20644
8xj Z.... $1,874
10a; ......$30299
10x,12:.: $2, 099
12z20 ...
$3; 894
7'si&waff
8a00.... $1,774
IOYJ4..... $2,424
8a) 2.... $1, 994
10,V6 ..... $2, 844
8a 16...$2,274
I040...... $3,549
The Galroway
6X8...:... $1;199
I Ox, t 0.:... $1; 949
8X8:...... $1, 349.
1 Ox,12... 42,189
8XJO.....-$1,.599
IOV 4.......:$2,599
8aj 2:.... $1, 849
IOxt 6..... $2, 999
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4'.side�wa�li(mini darn)
6X8..................... $999
8x8.................... $1, 249
',W0.................. $1,499
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8x,i0........ $1,785 -12aj6.......$3;499
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1 12.V4:...... $4; 756
7'siikwaff
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10YJ6:...... $2, 999 1240....... $4, 259 .
8.'sidewalr(taffdam) -
I2X,24..; ... $5, 249 .1W4:...... $6, 299
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12 X31....:.$3,679
14 X21.......$3;999 : ::15
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8
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$2; �99
8x8.....$1,249
10.J6....
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8xj 0.... $1, 4 79
12X16....
$2, 949
8x12:...$1,549
12VO ....$3,369
IOxi2..$1,879
12.V4....
$3,899
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8XII ... $1,699
12J6....
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IOXIZ.$1,979
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IOx$6..$2,449
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Sanger Code of Ordinances
SECTION 32
OFF-STREET PARKING AND LOADING REQUIREMENTS
Purpose: To secure safety from fire, panic and other dangers; to lessen congestion in the
streets; to facilitate the adequate provisions of transportation; to conserve the value of buildings;
and to encourage the most appropriate use of land, minimum off-street parking and loading shall
be provided as set forth in the following schedules and provisions.
(Ordinance No. 0 15-8 7 of August 3, 1987)
32.1 Off -Street Parking Provisions - All Districts
A. All required parking spaces shall be located behind the required front setback line in the
"MF" districts.
B. Required off-street parking shall be provided on the same site as the use it is to serve.
C. No parking shall be allowed except on a paved concrete or asphalt parking space.
(Ordinance 03-04-02 adopted 3/18/02)
32.2 Off -Street Loading Space - All Districts
1. All retail, commercial and industrial structures having three thousand (3,000) square feet or
more of gross floor area, either in the building or lot, shall provide and maintain off-street
parking facilities for the loading and unloading of merchandise and goods at a ratio of at least
one (1) space for each twenty thousand (20,000) square feet of gross floor area. A loading space
shall consist of an area of a minimum of ten (10) by twenty-five (25) feet. All drives and
approaches shall provide adequate space and clearances to allow for the maneuvering of trucks
off-street.
2. Kindergartens, day schools and similar child training and care establishments shall provide
paved off-street loading and unloading space on a private drive to accommodate one (1) motor
vehicle for each ten (10) students or children cared for by the establishment.
3. Uses not listed in Section 32.3 shall provide required off-street parking according to the
most similar use listed in Section 32.3, as determined by the City Council.
4. Loading docks and areas shall be located within the building or on the lot adjacent to a
public alley or private service drive.
Sanger Code of Ordinances
32.3 Schedule of Parking Requirements Based on Use
In all districts there shall be provided at the time any building or structure is erected or
structurally altered off-street parking spaces in accordance with the following requirements:
1. Bowling alley: Six (6) parking spaces for each alley or lane.
2. Business or professional office, (general): One (1) space per three hundred (300) square
feet of gross floor area.
3. Church or other place of worship: One (1) parking space for each four (4) seats in
the main auditorium.
4. High school, college or university: One (1) space per each three (3) students
accommodated in the institution.
5. Library, museum or art gallery: One (1) parking space for each three hundred (300) square
feet of floor area.
6. Commercial amusement: Thirty (30) spaces plus one (1) space for each one hundred (100)
square feet of floor area over two thousand (2000) square feet.
7. Day nursery: One and one-half (1.5) space per teacher.
8. Bank, savings and loan: One (1) space for each three hundred (300) square feet of floor
area.
9. Dwelling, single family: Two (2) spaces per dwelling.
10. Dwelling, two family: Two (2) spaces per dwelling.
11. Dwellings, multi -family: Two and one-half (2.5) spaces per unit.
12. Dwelling, single family attached: Two (2) spaces per dwelling and an additional one-half
(1 /2) space per unit for guest parking within the development.
13. Mobile home subdivision: Two (2) spaces per stand or lot.
14. Furniture or appliance .store, hardware store, wholesale establishments, machinery or
equipment sales and service, clothing or shoe repair or service: One (1) parking space for each
four hundred (400) square feet of floor area.
Sanger Code of Ordinances
15. Gasoline station: Minimum of four (4) spaces.
16. Hospital: One and one-half (1.5) spaces per each bed.
17. Hotel: One (1) parking space for each (1) sleeping room of suite plus one (1) space for
each two hundred (200) square feet of commercial floor area contained therein.
18. Lodge, or fraternal organization: One and one-fourth (1.25) spaces per two hundred (200)
square feet.
19. Manufacturing or industrial establishment, processing or repairing: One (1) parking space
for each two employees or one (1) space for each one thousand (1,000) square feet of floor area,
whichever is greater.
20. Medical or dental office: One (1) space per three hundred (300) square feet of floor area.
21. Mini -warehouse: Four (4) per complex plus one (1) per five thousand (5000) square feet of
storage area.
22. Mobile home park: Two (2) spaces per unit plus additional spaces as required herein for
accessory uses.
23. Mortuary or funeral home: One (1) parking space for each two (2) persons normally
accommodated in service.
24. Motel: One (1) parking space for each sleeping room or suite plus one (1) space for each
two hundred (200) square feet of commercial floor area contained therein.
25. Motor -vehicle salesrooms and used car lots space for each five hundred (500) square feet of
sales floor for indoor uses, or one (1) parking space for each one thousand (1000) square feet of
lot area for outdoor uses.
26. Nursing home: One (1) space per four (4) beds.
27. Private club, country club or golf club: for each one hundred -fifty (150) square feet of floor
area or for every five (5) members, whichever is greater.
28. Retail store or personal service establishment, except as otherwise specified herein: (200)
square feet of gross floor area.
29. Restaurant, cafe or similar recreation or amusement establishment: One (1) parking space
Sanger Code of Ordinances
for every three (3) seats under maximum seating arrangement.
30. Rooming or boarding house: One (1) parking space for each sleeping room.
31. Sanitarium, convalescent home, home for the aged or similar institution:
32. School, elementary or junior: One (1) parking space for each four (4) seats in the
auditorium or main assembly room and one (1) space for each classroom.
33. Theater, auditorium (except school), sports arena, stadium or gymnasium: One (1) parking
space for each three (3) seats or bench seating spaces.
34. Warehouse, wholesale, manufacturing and other industrial type uses: One (1) space for one
thousand (1000) square feet of gross floor area or one (1) space per two (2) employees.
35. Golf course: Minimum of thirty (30) parking spaces.
32.4 Rates for Computing Number of Parking Spaces
In computing the number of parking spaces required for each of the above uses the following
rules shall govern:
1. "Floor Area" shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be constructed to be
the nearest whole number.
3. The parking space requirement for a use not specifically mentioned herein shall be the
same as required for a use of similar nature.
4. In the case of mixed uses, the parking spaces required shall equal the sum of the
requirements of the various uses computed separately.
32.5 Location of Parking Spaces
All parking spaces required herein shall be located on the same lot with the building or use
served, except as follows:
1. Where an increase in the number of spaces is required by a change or enlargement of
use or where such spaces are provided collectively or used jointly by two (2) or more
buildings or establishments, the required spaces may be located not more than three
Sanger Code of Ordinances
hundred (300) feet from an institutional building served and not more than three
hundred (300) feet from any other non-residential building served.
2. Not more than fifty (50) percent of the parking spaces required for theaters, bowling
alleys, cafes, or similar uses and not more than eighty (80) percent of the parking
spaces required for a church or school auditorium or similar uses may be provided
and used jointly by similar uses not normally open, used or operated doting the same
hours as those listed; provided, however, that written agreement thereto is properly
executed and filed as specified below.
In any case where the required parking spaces are not located on the same lot with the
building or use served, or where such spaces are collectively or jointly provided and
used, a written agreement thereby assuring their retention for such purposes, shall be
properly drawn and executed by the parties concerned, approved as to form by the city
and executed by the parties concerned, approved as to form by the City Attorney and
shall be filed with the application for a building permit.
32.6 Use of Parking Spaces - All Districts
Required off-street parking and loading spaces shall be used only for these respective purposes
and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other
goods, materials, products for sale.
Sanger Code of Ordinances
ARTICLE 3.1700 METAL BUILDINGS
Sec. 3.1701 Use of Metal Buildings Restricted
(a) This article establishes use of metal building requirements in zoning districts B-1, B-2, B-3,
and within all zoning districts within 250 feet of the service road along IH-35 on the east and the
west and all specific uses which specify that the requirements of this article be met.
(b) The exterior walls of the building shall be constructed of materials other than metal which
includes and is limited to: stone, cast stone, stucco, brick, limestone, granite, or native stone with
the exception of windows and doors.
A maximum of ten (10) percent of the building facade visible from the designated street may be
comprised of "split face" concrete block. An alternative building material consistent with the
appearance of the materials listed above may be approved upon recommendation of the city
administrator to the planning and zoning commission and city council.
(Ordinance 02-03-04 adopted 2/17/04)
Sec. 3.1702 Penalty for Violations
Any person, firm or corporation who shall violate any of the provisions of this article shall be
guilty of a misdemeanor and upon conviction shall be fined in accordance with the general
penalty provision found in Section 1.109 of this code. (Ordinance 12-32-01 adopted 9/17/01)
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Botivar St' Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Nim Ashley — Zoning Change on Cowling Road
Attached is the information on this request.
This is an extension of A&W Productions. Mr. Ashley recently purchased
this property in order to extend his business.
No opposition letters were received.
1/0 1
5/-V/0 -7
ZONING CHANGE REQUEST
Date: L f 2 %- 0 -7
Name: / l/ 6 M AsMe>1
Address:
s a ^)a-er
Phone: T v - - '0//^,5--0 %
I am requesting the p
`ld
change from `-5-- to
ed
at (frtXidajid legally described as
o be considered for a zoning
The purpose for this zoning request is as follows:
Date received T ^ A 7 - 0 /
Fee $ PD.
Rec'd by:
In
Page 1 of 1
Denton Central Appraisal District
Values are a WORK IN PROGRESS and may change at any time.
Home
,
Property Detail Sheet (R59634)
General Information
= History
GIs Mau Datasheet
News
FAQ
Owner Information
Searches
Owner ID:
0510343
Owner Name:
A&W PRODUCTIONS
• Property ID Search
Owner Address:
PO BOX 102
SANGER,TX 76266-0102
• Account Search
Properly Address:
COWLING RD
• Owner Search
• Address Search
• Advanced Search
Parcel Information
Property Data
Legal Description:
A0)B 071A BURLESON, TRACT 4A, ACRES 1.324, OLD DCAD TR# 5
• Detail Sheet
Acreage:
1.324
Cross Reference:
A007 1A-000-0004-000A
• History
Undivided Interest:
100 %
• Datasheet
Exemption Codes:
AG (Agriculture Use)
Entity Codes:
C16 (City Of Sanger)
Other
G01(Denton County)
• Taxing Units
S14 (Sanger ISD)
Deed Type:
Warranty Deed
• Neighborhoods
Deed Book:
Deed Page:
COOK 6698
• Abstracts
Map Page:
• Subdivisions
• Reports
• Resources and Forms
Land HS:
$0 +
• Supplements
Land NHS:
$0 +
Improvement HS:
$0 +
• Employment
Improvement NHS:
$0 +
Ag Market:
$16,861
• Online Maps/GIS
Ag Use:
$1 6 +
Timber Market
• GIS Help
Timber Use:
$0 +
• 2006 Tax Rates
Assessed.
$146
• Public Notices
• GIS Data Downloads
a
Land
D
• Disclaimer
ID Type
SPTB Acre
Market
Landl PI (Improved
Pasture) D1 (D1 - Acreage Ranch Land) 1.32
$16,861
cerAdok�e Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents.
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i
General Information
JHistory
News
Denton Central Appraisal District,,
Values are a WORK IN PROGRESS and may change at any time. ogi
Property Detail Sheet (R58908) r
GIS Mau � Datasheet
FAQ Owner Information
Owner ID: 0510343
Searches Owner Name: A&W PRODUCTIONS
• Property ID Search Owner Address: PO BOX 102
SANGER,TX 76266-0102
• Account Search Properly Address: COWLING RD
• Owner Search
• Address Search
• Advanced Search
Parcel Information
Property Data
Legal Description:
p
A0940A MCKINNEY S WILLIAMS, TRACT 5A, ACRES 3.93, OLD
DCAD TR 3B
• Detail Sheet
Acreage:
3.93
Cross Reference:
A0940A-000-0005-OOA1
• History
Undivided Interest:
100%
• Datasheet
Exemption Codes:
AG (Agriculture Use)
EnMy Codes:
G01 (Denton County)
Other
S14 (Sanger ISD)
• Taxing Units
W04 (Clearcreek Watershed Authority)
Deed Type:
Warranty Deed
• Neighborhoods
Deed Book:
Deed Page:
COOK 6698
• Abstracts
Map Page:
• Subdivisions
• Reports
• Resources and Forms
Land HS:
$0 +
. Supplements
Land NHS:
$12,735 +
Improvement HS:
$3,770 +
• Employment
Improvement NHS:
$75,948 +
Ag Market:
$37,314
• Online Maps/GIS
Ag Use:
$322 +
Timber Market:
$0
• GIS Help
Timber Use:
$0 +
• 2006 Tax Rates
Assessed:
$92,775 =
• Public Notices
a
Improvements
a
• GIS Data Downloads
ID Type
SPTB
Seg.-
Value
• Disclaimer
MW C (C)
F1 (F1 - Real, Commercial)
2
$ 75,948
![t3 I (Misc. Improvement) Al (Al - Residential Single Fami
1
$ 3,770
Q
Land
V
ID Type
SPTB
Acre
Market
L,andl 6 (Commercial) F1 (F1- Real, Commercial)
1.00
$12,735
Land 2 PI (Improved
Pasture) D1 (DI - Acreage Ranch Land)
2.93s
$ 37,?14
http://www.dentoncad.com/AppraisalIPublicAccess/PropertyDetail.aspx?PropertyII=385... 06/05/2007
R296879
R56750 = R56726
027 R58017
R160698
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R267035
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R267080
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R257
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5
June 1, 2007
To: Property Owners
Fr.- Rosalie Chavez, City Secretary/Assistant City Manager
Re: Zoning Request
The City of Sanger's Planning and Zoning Commission will Conduct a Public Hearing on
Thursday, June 219,2007 at 7:00 P.M. in the Council Chambers located at 201 Bolivar St. To
consider a Zoning Change Request from Ag (Agriculture) to I-1(Industrial -1) on property
legally described as Abstract 71, Tract 4A being 1324 acres and Abstract 940, Tract 5A, being
3.93 acres. Property is Located on Cowling Road.
The City of Sanger's City Council will Conduct a Public Hearing on Monday, July 2, 2007 at
7:00 P.M. in the Council Chambers located at 201 Bolivar St. To consider a Zoning Change
Request from Ag (Agriculture) to 1-1 (Industrial -1) on property legally described as Abstract
71, Tract 4A being 1.324 acres and Abstract 940, Tract 5A, being 3.93 acres. Property is
Located on Cowling Road.
Attached is a form for you to sign and return to City Hall stating whether or not you approve
of this request. If for any reason you do not approve, or have any questions regarding this
request, please plan to attend the public hearings on the above scheduled dates.
Thank you for your immediate attention to this request.
Mathew Morris
1008 Cowling Road
Sanger, TX 76266
A&W Productions
Nim Ashley
P O Box 102
Sanger, TX 76266
RE Cain
1010 Cowling Road
Sanger, TX 76266
Martin Luna
110 Southside
Sanger, TX 76266
Doyle Tucker
3440 Corinth Pkwy., Apt. 2503
Corinth, TX 76028
Thelma Johnson
P O Box 806
Sanger, TX 76266
Cecil Biggs
211 Ft. Worth Drive
Denton, TX 76201
Leslie Wells
118 Southside
Sanger, TX 76266
Steve Hopson
120 Southside Drive
Sanger, TX 76266
Fred Yeatts
4960 Duck Creek Road
Sanger, TX 76266,-
%f
List of Property Owners
1002 Cowling Road
Helen & Glen Giese
1000 Cowling Road
Sanger, TX 76266
T.W. McDaniel
P.O. Box 5
Sanger, TX 76266
BW/DN Sable LP
3712 Old Denton Road
Carrollton, TX 75007
Lennar Homes of Tex Land & Construction
1707 Market Place, Suite 250
living, TX 75063
Shelton Development LP
2701 Wind River Lane
Denton, TX 76210
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Bolivar St' Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr. Samantha Renz, Engineering Coordinator
Re: New and Unlisted Uses
Attached is the information on this item and the recommendation from the
building inspector. The property is currently zoned Agriculture. The
zoning request following is for the property be re -zoned 1-1. This is the
category recommended by the building inspector.
City of
0 s
M� -
1� P
�4►
Someplace Special
DATE: .tune 1.5, 2007
TO: Chairman & Members of the Planning. and Zoning Commission
FROM: Pat Dunlap, Building Official
RE: Classification of 'New and Unlisted Use
A request -has been made -tor "Outside Storage; Service and Repair of Modular
Buildings' on .property located South of N-35 andr West of the Railroad Tracts.
The property is currently. zoned AG. (Agriculture).
The 1-1 District is limited primarily to certain ..wholesale _and . jobbing .commercial
uses and certain industrial uses, such as the fabrication of materials, and
specialized manufacturing and research institutions, all of a non -nuisance type.
However, in researching the 1-1 Districts allowable uses, "Outside Storage,
Service and Repair of Modular Buildings' is not currently a classified use.
Following are some comparable items that are allowed in the 1-1 District:
• Mobile home sales;
• Building materials yard, contractor's yard, lumberyard;
• Storage and warehousing establishments.
• Storage yards, but not including junkyards;
• Trailer sales and rental, for use with private passenger motor vehicles;
• Accessory uses, including but not limited to temporary buildings for
construction purpose for a period not to exceed the duration of such
construction;
• Other wholesale, light manufacturing, construction or service uses which
are similar in character to those enumerated in this subsection, and which
will not be dangerous or otherwise detrimental to persons residing or
working in the vicinity thereof, or to the public welfare, and will not impair
the use, enjoyment, or value of any property;
201 BOLIVAR STREET SANGER, TEXAS 76266 940-458-7930
P.O. BOX 1729 940-458-418o FAX
• Factory outlet retail or wholesale store for the sales and servicing of goods
or materials on the same premises as the manufacturing company to
which they are related, including sales and service in a separate building
or buildings;
Since there is no specific or similar zoning classified use for "Outside Storage,
Service and Repair of Modular Buildings' in any zoning district, 1 am requesting
an interpretation as to the zoning classification and zoning districts in which to
place these and similar uses. Upon review, I am recommending this be placed in
the 1-1 Zoning District.
ENGINEERING DEPARTMENT
P.O. Box 1729 ' 201 Bolivar St' Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Zoning Change— Items #10 & #11
Attached is the information on this item.
Staff is recommending that the Commission consider zoning the front
portion — 300' from the right of way of Stemmons freeway be zoned B2
(Business 2). We can do this under this same zoning change request.
This will comply with the previous discussions of the commission, and the
comprehensive plan that is in process.
ZONING CHANGE REQUEST
Date: i. -Ann?
�1i1 h
Address:
1 i -
Phone: ri 10 i
am requesting the property located at :j�'3s r Lo IS
f R Sv dt R � #0 vt`
.hange from ffk to
Ch�i �puur;ppoose for this zoning request is as follows:
/`f" unon A kytlfto-gmAim �F C
SR s S g gmeig- P"-r,4L. 1A
Date received
Fee $ PD.
Rec'd by:
,404o(�
and legally described as
to be considered for a zoning
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Page 1 of 1
Denton Central Appraisal District
Values are a WORK IN PROGRESS and may change at any time.
-:A
Home
,
Property Detail Sheet (R60260)
,
General Information
am
Histonr IG S Man L,J Ddnbs et
News
FAQ
Owner Information
Searches
Owner ID:
00020270
Owner Name:
FLETCHER PROPERTY TRUST
• Property ID Search
Owner Address:
FLETCHER HEFNER HIGGS COUNTY INC,TRUSTEE 829
TEALWOOD CIR
• Account Search
FLOWER MOUND,TX 75028-7274
Property Address:
135 S LOIS RD
• Owner Search
• Address Search
• Advanced Search
Property Data
Parcel Information
Legal Description:
A0029A R. BEBEE, TRACT 108, ACRES 38.9214, OLD DCAD SHT 3,
• Detail Sheet
TR 11
Acreage:
38.9214
• History
Cross Reference:
A0029A-000-0108-0000
• Datasheet
Undivided Interest:
100%
Exempgon Codes:
AG (Agriculture Use)
Other
Entity Codes:
C16 (City Of Sanger)
• Taxing Units
G01(Denton County)
S14 (Sanger ISD)
• Neighborhoods
Deed Type:
Warranty Deed
Deed Book:
• Abstracts
Deed Page:
05-50253
• Subdivisions
Map Page:
• Reports
• Resources and Forms
• Supplements
Land HS: $0 +
Land NHS: $0 +
• Employment
Improvement HS: $0 +
Improvement NHS: $0 +
• Online Maps/GIS
Ag Market: $410,776
Ag Use: $4,281 +
• GIS Help
Timber Market: $0
Timber Use: $0 +
• 2006 Tax Rates
Assessed: $4,281 =
• Public Notices
• GIS Data Downloads
Land D
• Disclaimer
ID Type SPTB Acre Market
Lands PI (Improved Pasture) D1 (D1 -Acreage Ranch Land) 38.9 $ 410,776
per Adobe• iW Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents.
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0"WE
— R.M. - - I " �-& - -
Home '
General Information JHistory
News
Denton Central Appraisal District
Values are a WORK IN PROGRESS and may change at any time. = i
Property Detail Sheet (R60234)
Grata j� Datash�S
FAQ Owner Information
Searches Owner ID: 00020024
Owner Name: HOLLYHILL BARUCH COUNTY INC, TRUSTEE
• Property ID Search Owner Address: BARUCH PROPERTY TRUST 829 TEALWOOD CIR
FLOWER MOUND,TX 75028-7274
• Account Search Property Address: 135
• Owner Search
• Address Search
• Advanced Search Parcel Information
Property Data Legal Description: A0 5 A R. BESEE, TRACT 111, ACRES 50.000, OLD DCAD SHT 3,
TR
• Detail Sheet
Acreage:
50.000
Cross Reference:
A0029A-000-0111-0000
• History
Undivided Interest:
100%
• Datasheet
ftemption Codes:
AG (Agriculture Use)
Entity Codes:
C16 (City Of Sanger)
Other
G01(Denton County)
• Taxing Units
S14 (Sanger ISD)
Deed Type:
Warranty Deed
• Neighborhoods
Deed Book:
Deed Page:
05-50252
• Abstracts
Map Page:
• Subdivisions
• Reports
• Resources and Forms
Land HS:
$0 +
• Supplements
Land NHS:
$0 +
Improvement HS:
$0 +
• Employment
Improvement NHS:
$10,297 +
Ag Market:
$500,000
• Online Maps/GIS
s 500+
T,m� Mare
• GIS Help
Timber Use:
$0 +
• 2006 Tax Rates
Assessed:
$15,797 =
• Public Notices
f1
Improvements
D
• GIS Data Downloads
ID Type
SPTB Seg:
Value
• Disclaimer
�R1 I (Misc. Improvement) E1 (E1 - Farm & Ranch Improver2
$10,297
Land
D
ID Type
SPTB Acre
Market
L.and1 PI (Improved Pasture) D1 (D1 - Acreage Ranch Land) 50.0 $ 500,000
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Denton Central Appraisal District
40
Values are a WORK IN PROGRESS and may change at any time. ;.,��-
Property Detail Sheet (R60264) '
GIS Map lei QatubgpA
FAQ Owner Information
Searches Owner ID: 00020024
Owner Name: HOLLYHILL BARUCH COUNTY INC, TRUSTEE
• Property ID Search Owner Address: BARUCH PROPERTY TRUST 829 TEALWOOD CIR
FLOWER MOUND,TX 76028-7274
• Account Search
• Owner Search
• Address Search
• Advanced Search
Property Data
• Detail Sheet
• History
• Datasheet
Other
• Taxing Units
• Neighborhoods
• Abstracts
• Subdivisions
• Reports
• Resources and Forms
• Supplements
• Employment
• Online Maps/GIS
• GIS Help
• 2006 Tax Rates
• Public Notices
Property Address:
Parcel Information
Legal Description:
A0 13 A R. BEBEE, TRACT 110, ACRES 41.109, OLD DCAD SHT 3,
Acreage:
41.109
Cross Reference:
A0029A-000-0110-0000
Undivided Interest:
100%
Exempflon Codes:
AG (Agriculture Use)
Entity Codes:
CIS (City Of Sanger)
G01 (Denton County)
S14 (Sanger ISD)
Deed Type:
Warranty Deed
Deed Book:
Deed Page:
05-50252
Map Page:
Land HS:
$0 +
Land NHS:
$0 +
Improvement HS:
$0 +
Improvement NHS:
$0 +
Ag Market:
$429,384
Ag Use:
$4,522 +
Timber Market:
$0
Timber Use:
$0 +
Assessed: $4,522 =
• GIS Data Downloads 0 Rand D
• Disclaimer ID Type SPTB Acre Market
Land1 PI (Improved Pasture) D1 (D1 - Acreage Ranch Land) 41.11 $ 429,384
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Legal Notice
The City of Sanger's Planning and Zoning Commission will conduct Public Hearings on Thursday,
June 21, 2007 at 7:00 P.M. in the Council Chambers at 201 Bolivar St., Sanger, TX 76266
Regarding the following:
A) Amending the Zoning Ordinance by creating a classification for "outside display and
sales" and creating a classification for "Modular Building Sales, Service and Rental"
B) A Specific Use Permit for outside display and sale of playground equipment,
backyard storage buildings and carports on Property Legally Described as Part of
Abstract 1241, Tract 222. Property is located at 1200 S. Stemmons (beside
Smokey's)
C) A Zoning Change Request from Ag (Agriculture) to I-1 (Industrial -1) on property
legally described as Abstract 71, Tract 4A being 1.324 acres and Abstract 940, Tract
5A, being 3.93 acres. Property is Located on Cowling Road
D) A Zoning Change Request from Ag (Agriculture) to I-1(Industrial -1) on property
Legally Described as Abstract 29, Tracts 108, 110, and 111. Property is Located
South of Lois Road, between the Railroad tracts and Stemmons Freeway.
Rosalie Chavez
City Secretary
Legal Notice
The City of Sanger's City Council will conduct Public Hearings on Monday, July 2, 2007 at 7:00
P.M. in the Council Chambers at 201 Bolivar St., Sanger, TX 76266 Regarding the following:
A) Amending the Zoning Ordinance by creating a classification for "outside display and
sales" and creating a classification for "Modular Building Sales, Service and Rental"
B) A Specific Use Permit for outside display and sale of playground equipment,
backyard storage buildings and carports on Property Legally Described as Part of
Abstract 1241, Tract 222. Property is located at 1200 S. Stemmons (beside
Smokey's)
C) A Zoning Change Request from Ag (Agriculture) to I 1(Industrial -1) on property
legally described as Abstract 71, Tract 4A being 1.324 acres and Abstract 940, Tract
5A, being 3.93 acres. Property is Located on Cowling Road
D) A Zoning Change Request from Ag (Agriculture) to 1-1 (Industrial -1) on property
Legally Described as Abstract 29, Tracts 108, 110, and 111. Property is Located
South of Lois Road, between the Railroad tracts and Stemmons Freeway.
Rosalie Chavez
CU r l r City Secretary
ENGINEERING DEPARTMENT
P.O. Box 1729 ' 201 Bolivar SV Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr Samantha Renz, Engineering Coordinator
Re: Final Plat for Indian Lane Elementary
Attached is the Engineer's briefing on this item.
PLANNING & ZONING CO1V1 MSSION
AGENDA BRIEFING
Mewing Daft. 6-21-2007 Pn�� Robert Woods, P.E.
Indian Lane Elementary School — Final Plat of a
Subject 19.232 acre tract located in the Rueben Bebee
Survey, Abstract No. 29, located within the city
limits of Sanger.
STAFF REVIEW COMMENTS:
The Sanger Independent School District is the applicant for the final plat of Indian
Lane Elementary School — Final Plat of a 19.232 acne tract located in the Rueben
Bebee Survey, Abstract No. 29, located within the city limits of Sanger. Applicant
plans on constructing an elementary school on site.
Zoning: Property is currently zoned as agriculture and has been granted a specific
use permit (SUP) be granted for this site.
Right-ofMay Dedication: Right-of-way has been dedicated by separate instrument
document during the time of the building of the current high school.
SUMMARY:
The proposed final plat appears to satisfy the platting standards contained within the
Code of Ordinances of the City of Sanger.
PUBLIC HEARING TENTATIVE SCHEDULE:
Planning &
Zoning June 21, 2007
Commission:
City Council: July 2, 2007
RECOMMENDATION:
Staff recommends approval for the Indian Lane Elementary School — Final Plat
ATTACHMENTS:
• Plat — Indian Lane Elementary School — Final Plat
NON -AGENDA
ITEMS
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Bolivar St' Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Meeting dates
This is a non -agenda item. Attached you will find a chart of the new
meeting dates for Planning and Zoning and City council — 1 am currently
working on setting submittal deadlines for developers and engineer review
deadlines to make the process smoother for all involved.
P&Z
City Council
06/21 /2007
07/02/2007
07/05/2007
07/16/2007
07/19/2007
08/09/2007
08/06/2007
08/20/2007
08/23/2007
09/04/2007
09/07/2007
09/17/2007
09/20/2007
10/01 /2007
10/04/2007
10/15/2007
10/18/2007
11 /08/2007
_ 11 /05/2007
11 /19/2007
11/29/2007*
12/03/2007
12/06/2007
12/17/2007
12/20/2007
**01 /02/2008
*22nd holiday - move to 29th?
**1st is a Holiday, move to Tuesday or following Monday (Ask Mayor)
ENGINEERING DEPARTMENT
P.O. Box 1729.201 Bolivar SV Sanger, TX 76266
940-458-7930
June 15, 2007
To: Planning and Zoning Commission
Fr: Samantha Renz, Engineering Coordinator
Re: Review and Update of the Sexually Oriented Business Ordinance
and Zoning Regulations
This is a non -agenda item. Attached you will find a letter form an
attorney regarding review of the above referenced ordinances.
I have also attached the City of Sanger's current relative ordinances.
This is for future review.
ABERNATHY
ROEDER
BOYD �
JOPLIN*P*C*
ATTORNEYS AT LAW
JULIE Y. FORT
1700 Redbud Boulevard, Suite .100 - P.O. Box 1210 -McKinney, Texas 75070.1210
Metro 214.544.4000 - Fax 214.544.4040
June 5, 2007
Vie Regular Mail
Mr. Jack Smith, City Manager
City of Sanger, Texas
201 Bolivar Street
P.O. Box 1729
Sanger, Texas 76266-0017
jfon@abentathy.law.com
Direct Dial 214.544.4039
RE: Review and Update of the Sexually Oriented Business ("SOB") Ordinance and
Zoning Regulations for the City of Sanger
Dear Jack:
I am writing this letter to recommend that the City of Sanger closely review its current
sexually oriented business ("SOB") ordinance and/or the zoning regulations that govern SOBS.
In its decision in Encore Videos v. City of San .Antonio, 330 F.3d 288 (5" Cir. 20w), the
Court of Appeals for the Fifth Circuit created a new distinction between sexually oriented businesses
that provide on -site entertainment (e.g., strip clubs) and those retail -only businesses that sell or rent
sexually oriented material exclusively for use elsewhere (e.g., adult book and video stores). Because
the City of San Antonio did not rely on studies specifically addressing the effects of retail -only
SOBS, the court held that the city's regulations couid not be applied to an adult video store. The
result is that retail -only businesses may be immune from Sanger's regulations, if any. Additionally,
case law regarding SOBs continuously changes due to the highly litigious nature of the industry.
If it has been more than a couple of years since you have reviewed the SOB regulations, we
suggest doing so to help ensure enforcability. We have heard of cities wishing they would have
stayed on top of this issue after an SOB opens under out -dated regulations and obtains the status of
a "legal" noncorfarming use, and we do not want you to 'rind your City in such an unfortunate
position some day.
49015.1
Jack Smith
June 5, 2007
Page 2
Please do not hesitate to contact me should you have any questions in regards to this matter.
I will be happy to assist you in any way possible.
Very truly yours,
Julie Y. Fort
JYF\kb
cc: Mayor Joe Higgs
491315.1
Sanger Code of Ordinances
ARTICLE 4.600 SEXUALLY ORIENTED BUSINESSESV)
Sec. 4.601 Purpose and Intent
It is the purpose of this article to regulate sexually oriented businesses to promote the health,
safety, morals and general welfare of the citizens of the city and to establish reasonable and
uniform regulations on the operation of the same without imposing a limitation or restriction on
the contents of any communicative materials, including sexually oriented materials. (1992 Code
of Ordinances, Chapter 4, Article 4.600, Section 4.601)
Sec.4.602 Definitions
Adult Arcade. 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 (5)
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" as defined herein.
Adult Bookstore or Adult Video Store. A commercial establishment which as one (1) of its
principal business purposes offers for sale or rental for any form of consideration any one (1) 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
(2) Instruments, devices or paraphernalia which are designed for use in connection with
"specified sexual activities."
Adult Cabaret. A nightclub, bar, restaurant or similar commercial establishment which regularly
features:
(1) persons who appear in a state of nudity; 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"
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or "specified anatomical areas."
Adult Motel. A hotel, motel or similar commercial establishment which:
(1) offers accommodations to the public for any form of consideration and 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 adult type of photographic reproductions; or
(2) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) allows a tenant or occupant of a sleeping room to sub -rent the room for a period of
time that is less than ten (10) hours.
Adult Motion Picture Theater. 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
"specified anatomical areas."
Adult Theater. A theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear in a state of nudity or live performances which are
characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
City Manager. The city manager of the City of Sanger or his/her designated agent.
Escort A eg_ncy. A person or business association who fiunishes, offers to furnish or advertises to
fiarnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Establishment. 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
any 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.
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Licensee. A person in whose name a license to operate a sexually oriented business has been
issued, as well as the individual listed as an applicant on the application for a license.
Massage Establishment. Any building, room, place or establishment other than a regularly
licensed hospital, where manipulated massage or manipulated exercises are practiced upon the
human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered
nurse or a doctor whether with or without the use of mechanical, therapeutic or bathing devices,
and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty
parlors or barber shops or a place wherein registered physical therapists treat only patients
recommended by a licensed physician and operate only under such physician's direction.
Nude Model Studio. Any place where a person who appears in a state of nudity 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 form of
consideration.
Nudity or a State ofNuditY.
(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.
Operates or Causes to be Operated. To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually oriented business whether or
not that person is an owner, part owner or licensee of the business.
Person. An individual, proprietorship, partnership, corporation, association or other legal entity.
Residential District. A single family, duplex, townhouse, multiple family or mobile home zoning
district as defined in the Sanger Zoning Ordinance.
Residential Use. A single family, duplex, multiple family or "mobile home park, mobile home
subdivision" as defined in the Sanger Zoning Ordinance.
Semi -Nude. 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.
Sanger Code of Ordinances
Sexual Encounter Center. 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) sexual activities between male and female persons and/or persons of the same sex
when one (1) or more of the persons is in a state of nudity or semi -nudity.
Sexually Oriented Business. An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater or nude model studio.
Specified Anatomical Areas. Less than completely covered human genitals, pubic region,
buttocks and female breast below a point immediately above the top of the areola.
&ecired Sexual Activities. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic regions, buttocks, anus
or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy.
(3) Masturbation, actual or simulated
(4) Excretory functions as part of or in connection with any of the activities set forth in
(1) through (3) above.
Transfer o Ownership or Control. Includes any of the following:
(1) the sale, lease or sublease of the business;
(2) the transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
(3) the establishment of a trust, gift or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.602)
Sanger Code of Ordimmes
See. 4.603 Classification of Sexually Oriented Businesses
Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores or adult video stores;
(3) adult cabarets;
(4) adult motels;
(5) adult motion picture theaters;
(6) adult theaters;
(7) escort agencies;
(8) massage establishments;
(9) nude model studios;
(10) sexual encounter centers.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.603)
See. 4.604 Location of Sexually Oriented Businesses
(a) A person commits an offense if he/she operates or causes to be operated a sexually oriented
business within one thousand (1,000) feet of-
(1) a church, convent, monastery, synagogue or other similar place of religious worship;
(2) a public, private or parochial elementary or secondary school;
(3) a boundary of a residential district as defined in this article;
(4) a daycare center,
(5) a library;
(6) a public park, playground or other recreational facility adjacent to a residential district
Sanger Code of Ordinawes
as defined in this article; or
(7) the property line of a lot devoted to a residential use as defined in this article.
(b) A person commits an offense if he/she causes or permits the operation, establishment,
substantial enlargement or transfer of ownership or control of a sexually oriented business within
one thousand (1,000) feet of another sexually oriented business.
(c) A person commits an offense if he/she causes or permits the operation, establishment or
maintenance of more than one (1) sexually oriented business in the same building, structure or
portion thereof.
(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 a part of the premises where a sexually oriented business is conducted, to the nearest
property line of the premises of a church or public or private elementary or secondary school or
to the nearest boundary of an affected public park, residential district or residential lot.
(e) For purposes of subsection (b) of this section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight line, without regard to intervening structure or
objects, from the closest exterior wall of the structure in which each business is located.
(f) A sexually oriented business lawfully operating in conformance with this article is not
rendered nonconforming by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a church, public or private elementary or secondary school, public
park, residential district or residential lot within one thousand feet (1,000) of the sexually
oriental 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.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.604)
See. 4.605 License Required
(a) A person commits an offense if he/she operates a sexually oriented business without a valid
license issued by the city for the particular type of business.
(b) The applicant must be qualified according to the provisions of this article.
(c) If a person who wishes to operate a sexually oriented business is an individual, he/she must
fully execute the application for a license. If a person who wishes to operate a sexually oriented
Sanger Code of Ordinances
business is other than an individual, each individual who has a ten percent (10%) or greater
interest in the business must sign the application for a license. Each applicant must be qualified
under Section 4.606 and each applicant shall be considered a licensee if a license is granted.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.605)
Sec. 4.606 Issuance of License
(a) The city manager shall approve the issuance of a license to an applicant within thirty (30)
days after receipt of an application unless he/she finds one or more of the following to be true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees,
fines or penalties assessed against or imposed upon the applicant or applicant's spouse
in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of
the license or has falsely answered a question or request for information on the
application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a provision
of this article, other than the offense of operating a sexually oriented business without
a license, within two (2) years immediately preceding the application. The fact that a
conviction is being appealed shall have no effect.
(5) The license fee required has not been paid
(6) An applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated that he/she is
unable to operate or manage a sexually oriented business premises in a peaceful and
law-abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of or is not in compliance
with Sections 4.604, 4.608, 4.613, 4.614, 4.615, 4.616, 4.617, 4.618, or 4.619 hereof.
(8) An applicant or an applicant's spouse has been convicted of a crime:
(A) involving:
(i) any of the following offenses as described in Chapter 43 of the Texas
Sanger Code of Ordinances
Penal Code:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution or display of harmful material to minor,
(gg) sexual performance by a child;
(hh) possession of child pornography;
(ii) any of the following offenses as described in Chapter 21 of the Texas
Penal Code:
(aa) public lewdness;
(bb) indecent exposure;
(cc) indecency with a child;
(iii) sexual assault or aggravated sexual assault as described in Chapter 22 of
the Texas Penal Code;
(iv) incest, solicitation of a child or harboring a runaway child as described in
Chapter 25 of the Texas Penal Code; or
(v) criminal attempt, conspiracy or solicitation to commit any of the foregoing
offenses;
(B) for which:
(i) less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense;
Sanger Code of Ordinarwes
(ii) less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
(iii) less than five (5) years have elapsed since the date of the last conviction or
the date of release from confinement for the last conviction, whichever is
the later date, if the convictions are of two or more misdemeanor offenses
or combination of misdemeanor offenses occurring within any twenty-four
(24) month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of
the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense
listed in subsection (a)(8XA) may qualify for a sexually oriented business license only when the
time period required by subsection (ax8)(B) has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to whom it
is granted, the expiration date and the address of the sexually oriented business. The license shall
be posted in a conspicuous place at or near the entrance to the sexually oriented business so that
it may be easily read at any time.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.606)
See.4.607 Fee
The annual fee for a sexually oriented business license is set forth in the fee schedule in the
appendix of this code. (1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.607)
Sec. 4.608 Inspection
(a) An applicant or licensee shall permit representatives of the police department, health
department, fire department and building inspection division to inspect the premises of a sexually
oriented business for the purpose of insuring compliance with the law at any time it is occupied
or open for business.
(b) A person who operates a sexually oriented business or his/her agent or employee commits
an offense if he/she refuses to permit a lawful inspection of the premises by a representative of
the police department at any time it is occupied or open for business.
(c) The provisions of this section do not apply to areas of an adult motel which are currently
Sanger Code of Ordinances
being rented by a customer for use as a permanent or temporary habitation.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.608)
Sec. 4.609 Expiration and Renewal of License
(a) Each license shall expire one (1) year from the date of issuance and may be renewed only
by making application as provided in Section 4.605. Application for renewal should be made at
least thirty (30) days before the expiration date. Applications made less than thirty (30) days
before the expiration date will have no effect on the expiration of the license.
(b) When the city manager denies renewal of a permit, the applicant shall not be issued a
license for one (1) year from the date of denial. If, subsequent to denial, the city manager fords
that the basis for the denial of the renewal has been corrected, the applicant may be granted a
license if at least ninety (90) days have elapsed since the date denial became final.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.609)
Sec.4.610 Suspension
The city manager shall suspend a license for a period not to exceed thirty (30) days if he/she
determines that a licensee or an employee of a licensee has:
(1) violated or is not in compliance with Sections 4.604, 4.608, 4.613, 4.614, 4.615,
4.616, 4.617, 4.618, or 4.619 of this article.
(2) engaged in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3) refused to allow an inspection of the sexually oriented business premises as
authorized by this article;
(4) knowingly permitted gambling by any person on the sexually oriented business
premises;
(5) demonstrated inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner, thus necessitating action by law enforcement officers.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.610)
Sec.4.611 Revocation
Sanger Code of Ordinances
(a) The city manager shall revoke a license if a cause of suspension in Section 4.610 occurs
and the license has been suspended within the preceding twelve (12) months.
(b) The city manager shall remove a license if he/she determines that:
(1) a licensee gave false or misleading information in the material submitted to the city
manager during the application process;
(2) a licensee or an employee has knowingly allowed possession, use or sale of controlled
substances on the premises;
(3) a licensee or an employee has knowingly allowed prostitution on the premises;
(4) a licensee or an employee knowingly operated the sexually oriented business during a
period of time when the licensee's license was suspended;
(5) a licensee has been convicted of an offense listed in Section 4.606 (a)(8)(A) for which
the time period required in Section 4.606 (a)(8)(B) has not elapsed;
(6) on two (2) or more occasions within a twelve (12) month period, a person or persons
committed an offense occurring in or on the licensed premises of a crime listed in
Section 4.606 (a)(8)(A), for which a conviction has been obtained, and the person or
persons were employees of the sexually oriented business at the time the offenses
were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed
premises. The term "sexual contact" shall have the same meaning as it is defined in
Section 21.01, Texas Penal Code; or
(8) a licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem
taxes or sales taxes related to the sexually oriented business.
(9) a licensee has refiased to permit an inspection of the premises by the city manager or
his/her designee.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the
license.
(d) Subsection (b)(7) does not apply to adult motels as a ground for revoking the license unless
Sanger Code of Ordinances
the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral
copulation, masturbation or sexual contact to occur in a public place or within public view.
(e) When the city manager revokes a license, the revocation shall continue for one (1) year and
the licensee shall not be issued a sexually oriented business license for one (1) year from the date
revocation became effective. If, subsequent to revocation, the city manager finds that the basis
for the revocation has been corrected or abated, the applicant may be granted a license if at least
ninety (90) days have elapsed since the date the revocation became effective. If the license was
revoked under subsection (b)(5), an applicant may not be granted another license until the
appropriate number of years required under Section 4.606 (a)(8)(B) has elapsed.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.611)
Sec. 4.612 Appeal; Exemption From Locational Requirements
(a) If the city manager denies the issuance of a license or the renewal of a license, he or she
shall send to the applicant, by certified mail, return receipt requested, written notice of his or her
action and the right to an appeal. The aggrieved party may appeal the decision of the city
manager to the city council. The filing of an appeal stays the action of the city.
(b) The applicant may, not later than ten (10) calendar days after receiving notice of the denial,
file with the city secretary a written request for a hearing before the city council.
(c) A hearing by the city council may proceed if a quorum is present. The city council shall
hear and consider evidence offered by any interested person.
(d) The city council may in its discretion grant an exemption from the locational restrictions of
this article if the following is found:
(1) that the location of the proposed sexually oriented business will not have a
detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) that the granting of the exemption will not violate the spirit and intent of this article of
the city code;
(3) that the location of the proposed sexually oriented business will not downgrade the
property values or quality of life in the adjacent areas or encourage the development
of urban blight;
(4) that the location of an additional sexually oriented business in the area will not be
contrary to any program of neighborhood conservation nor will it interfere with any
Sanger Code of Ordinances
efforts of urban renewal or restoration; and
(5) that all other applicable provisions of this article will be observed.
(e) The city council shall grant or deny the exemption by majority vote. Failure to reach a
majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the
basis of a preponderance of the evidence. The decision of the city council regarding the permit
appeal is final.
(f) If the city council grants the exemption, the exemption is valid for one (1) year from the
date of the council's action. Upon expiration of an exemption, the sexually oriented business is in
violation of the locational restrictions until the applicant applies for and receives another
exemption.
(g) If the city council denies the exemption, the applicant may not re -apply for an exemption
until at least twelve (12) months have elapsed since the date of the council's action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this
article other than the locational restrictions.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.612)
Sec. 4.613 Transfer of License
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually
oriented business under the authority of a license at any place other than the address designated
in the application. (1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.613)
Sec. 4.614 Additional Regulations for Node Model Studios
(a) A nude model studio shall not employ any person under the age of eighteen (18) years.
(b) A person under the age of eighteen (18) years commits an offense if he/she appears in a
state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under
this subsection if the person under eighteen (18) years was in a restroom not open to public view
or persons of the opposite sex.
(c) A person commits an offense if he/she appears in a state of nudity or knowingly allows
another to appear in a state of nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
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(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the
premises, except that a sofa may be placed in a reception room open to the public.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.614)
Sec. 4.615 Additional Regulations for Adak Theaters and Adak Motion Picture
Theaters
(a) A person commits an offense if he/she knowingly allows a person under the age of eighteen
(18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion
picture theater.
(b) A person under the age of eighteen (18) years commits an offense if he/she knowingly
appears in a state of nudity in or on the premises of an adult theater or adult motion picture
theater.
(c) It is a defense to prosecution under subsections (a) and (b) above if the person under
eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.615)
Sec. 4.616 Additional Regulations for Adult Motels
(a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has
been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours
creates a rebuttable presumption that the establishment is an adult motel as that term is defined in
this article.
(b) A person commits an offense if, as the person in control of a sleeping room in a hotel,
motel, or similar commercial establishment that does not have a sexually oriented business
license, he/she rents or sub -rents a sleeping room to a person and within ten (10) hours from the
time the room is rented, he/she rents or sub -rents the same sleeping room again.
(c) For purposes of subsection (b) above, the terms "rent" or "sub -rent" mean the act of
permitting a room to be occupied for any form of consideration.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.616)
Sec. 4.617 Regulations Pertaining to Exhibition of Sexually Explicit Finns or Videos
(a) A person who operates or causes to be operated a sexually oriented business other than an
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adult motel, which exhibits on the premises in a viewing room, a film, video cassette or other
video reproduction which depicts specified sexual activities or specified anatomical areas, shall
comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of one (1) or more manager's stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons will not
be permitted. A manager's station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the permit will be
conspicuously posted if granted. A professionally prepared diagram in the nature of an
engineers or architect's blueprint shall not be required; however, each diagram should
be oriented to the north or to some designated street or object and should be drawn to
a designated scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of plus or minus
six (6) inches. The city manager may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered since it was
prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made
without the prior approval of the city manager or his/her designee.
(4) It is the duty of the owners and operator of the premises to ensure that a least one (1)
employee is on duty and situated in each manager's station at all times that any patron
is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which
any patron is permitted access for any purpose excluding restrooms. Restrooms may
not contain video reproduction equipment. If the premises has two (2) or more
manager's stations designated, then the interior of the premises shall be configured in
such a manner that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least one of the
manager's stations. The view required in this subsection must be by direct line of sight
from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any
agents and employees present in the premises to ensure that the view area specified in
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subsection (5) above remains unobstructed by any doors, walls, merchandise, display
racks or other materials at all times that any patron is present in . the premises and to
ensure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed
pursuant to subsection (1) above.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at an illumination of
not less than one (1.0) footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of any
agents and employees present in the premises to ensure that the illumination described
above is maintained at all times that any patron is present in the premises.
(b) A person having a duty under subsections (1) through (8) of subsection (a) above commits
an offense if he/she knowingly fails to fulfill that duty.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.617)
Sec. 4.618 Display of Sexually Explicit Material to Minors
The display of sexually explicit material to minors is unlawful and punishable in accordance with
the provisions of V.T.C.A., Penal Code, §43.24. (1992 Code of Ordinances, Chapter 4, Article
4.600, Section 4.618)
Sec.4.619 Enforcement
(a) Except as provided by subsection (b) below, any person violating Section 4.604 upon
conviction is punishable by a fine as provided for in the general penalty provision set forth in
Section 1.109 of this code.
(b) If the sexually oriented business involved is a nude model studio, then violation of Section
4.604 is punishable as a Class A misdemeanor.
(c) Except as provided by subsection (b) above, a violation of any provision of this article other
than Section 4.604 upon conviction is punishable by a fine in accordance with the general penalty
provision set forth in Section 1.109 of this code.
(d) It is a defense to prosecution under Section 4.604 or Section 4.614(d) that a person
appearing in a state of nudity did so in a modeling class operated:
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(1) by a proprietary school licensed by the State of Texas; a college, junior college or
university supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational programs
in which credits are transferable to a college, junior college or university supported
entirely or partly by taxation; or
(3) in a structure:
(A) which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
(B) where in order to participate in a class a student must enroll at least three (3)
days in advance of the class; and
(C) where no more than one nude model is on the premises at any one time.
(e) It is a defense to prosecution under Section 4.604 or Section 4.605 (a) that each item of
descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains
serious literary, artistic, political or scientific value.
(1992 Code of Ordinances, Chapter 4, Article 4.600, Section 4.619)
Sec. 4.620 Injunction
A person who operates or causes to be operated a sexually oriented business without a valid
license or in violation of Section 4.605 herein, is subject to a suit for injunction as well as
prosecution for criminal violations. (1992 Code of Ordinances, Chapter 4, Article 4.600, Section
4.620) -
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Endnotes
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* State Law reference -Authority of municipality to regulate sexually oriented businesses,
V.T.C.A., Local Government Code, Ch. 243.