HomeMy WebLinkAbout02122026 ZPC Agenda Item 4 City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess, Planning and Zoning Administrator
Date: February 12,2026
Re: Sexually Oriented Businesses —Follow-up
Background Information:
At its meeting on January 8, 2026,the Zoning and Planning Commission (ZPC)reviewed and considered
potential amendments to the Code of Ordinances related to Sexually Oriented Businesses (SOBs). The ZPC
discussed and recommended regulatory enhancements for consideration by the City Council, including
strengthened spacing requirements and more detailed definitions intended to improve the City's existing
regulatory framework.
Applicable Regulations:
(1) Texas Local Government Code Chapter 243 authorizes municipalities and counties to regulate
sexually oriented businesses to protect public health, safety, and welfare, based on legislative findings
that unrestricted operation can contribute to neighborhood decline and criminal activity.
The chapter grants local governments wide discretion over where and how sexually oriented
businesses may operate. This includes restricting locations to specific areas, imposing separation
distances from schools, religious institutions, residential neighborhoods, and other incompatible land
uses, and limiting the density of such businesses.
Chapter 243 also authorizes licensing and enforcement mechanisms. Cities and counties may require
licenses or permits, charge cost-based fees, inspect businesses for compliance, and deny, suspend, or
revoke licenses subject to judicial review.
(2) West University Place's Code of Ordinance:
• Chapter 54—Offenses and Miscellaneous Provisions; Article III —Sexually Oriented Businesses,
which regulates such uses outside of the zoning ordinance; and
• Appendix A—Zoning Ordinance;Article 8—Additional Regulations, which includes limited land
use controls applicable to sexually oriented businesses.
Staff Report:
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Place Community Development
Staff conducted a more detailed review of the City's existing ordinances regulating Sexually Oriented
Businesses (SOBs). In addition to Appendix A of the Zoning Ordinance, Article 8—Additional Regulations,
Section 8-108,Sexually Oriented Businesses, which contains limited definitions but clearly established
spacing requirements, staff also reviewed Chapter 54—Offenses and Miscellaneous Provisions, including
Article III —Sexually Oriented Businesses and Article IV—Adult Arcades.
Upon reviewing the provisions and definitions contained in Chapter 54, staff determined that the relevant
terminology and regulatory standards are already in place, and that amending other sections of the Code to
restate these provisions would result in unnecessary duplication. Furthermore, based on the completion and
analysis of a GIS map illustrating the spacing requirements established in Appendix A,Article 8, Section 8-
108, staff finds that additional spacing regulations are unnecessary and would not serve a practical regulatory
purpose.
Staff Recommendation:
Staff recommends amending the spacing requirements in Appendix A of the Zoning Ordinance, Article 8—
Additional Regulations, Section 8-108,Sexually Oriented Businesses, to include municipal buildings and
public parks as protected uses. This amendment would reflect the City's commitment to preserving the
integrity and intended character of public spaces and municipal facilities by preventing incompatible land
uses from locating in close proximity to these community assets.
Attachments
• GIS Map—750 ft. buffer—Northeastern portion of the city
• GIS Map—750 ft. buffer—Southwestern portion of the city.
• Chapter 54—Offenses and Miscellaneous Provisions; Article III —Sexually Oriented Businesses, Sec.
54-75.—Definitions. (EXISTING)
• Chapter 54—Offenses and Miscellaneous Provisions; Article IV—Adult Arcades, Sec. 54-118.—
Definitions. (EXISTING)
• Appendix A—Zoning Ordinance;Article 8—Additional Regulations (PROPOSED)
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
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Disclaimer:
The City of West University Place has attempted to verify the accuracy of the information contained in the ( ,(t 0 I.
following map at the time of publication.The City of West University Place assumes no liability for any
errors,omissions,or inaccuracies in the information provided regardless of how caused.This West University
product is for informational purposes and may not have been prepared for or be suitable for
legal,engineering,or surveying purposes. It does not represent an on-the-ground survey and Place
represents only the approximate relative location of property boundaries.
Sec. 54-75. Definitions.
As used in this article,the following words and terms shall have the meanings ascribed to them in this
section, unless the context clearly indicates another meaning:
Achromatic means anything that is colorless or lacking in saturation or hue.Without limitation,gray shall be
included, but white and black shall be excluded from the definition of achromatic.
Adult bookstore means an establishment whose major business is the offering to customers of books,
magazines,films or videotapes(whether for viewing off-premises or on-premises by use of motion picture
machines or other image-producing devices), periodicals,or other printed or pictorial materials which are intended
to provide sexual stimulation or sexual gratification to such customers,and which are distinguished by or
characterized by an emphasis on matter depicting,describing or relating to specified sexual activities,or specified
anatomical areas.
Adult cabaret means an establishment whose major business is the offering to customers of live
entertainment which is intended to provide sexual stimulation or sexual gratification to such 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.
Adult encounter parlor means an establishment whose major business is the provision of premises where
customers either congregate, associate or consort with employees who engage in specified sexual activities with or
in the presence of such customers, or who display specified anatomical areas in the presence of such customers,
with the intent of providing sexual stimulation or sexual gratification to such customers.
Adult lounge means an adult cabaret, as defined above,which is a permitted or licensed premises, pursuant
to the Texas Alcoholic Beverage Code,where alcoholic beverages may be served or sold.
Adult modeling studio means an establishment whose major business is the provision,to customers,of figure
models who are so provided with the intent of providing sexual stimulation or sexual gratification to such
customers and who engage in specified sexual activities or display specified anatomical areas while being
observed, painted, painted upon, sketched,drawn,sculptured, photographed,or otherwise depicted by such
customers.
Adult movie theater means an establishment,containing a room with tiers or rows of seats facing a screen,
or projection area,whose major business is the exhibition to customers of motion pictures which are intended to
provide sexual stimulation or sexual gratification to such customers and which are distinguished by or
characterized by an emphasis on matter depicting,describing or relating to specified sexual activities or specified
anatomical areas.
Applicant means that the applicant for a permit shall be the intended operator of the enterprise.
Commercial multi-unit center means a building or structure(including a shopping mall or strip shopping
center)containing three or more separate premises,each of which is offered by lease or otherwise for separate
occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening
onto public property,a public way or a common area.
Conduct any business in an enterprise means that any person who does any one or more of the following shall be
deemed to be conducting business in an enterprise:
(1) Operates a cash register,cash drawer or other depository on the enterprise premises where cash funds
or records of credit card or other credit transactions generated in any manner by the operation of the
establishment or the activities conducted therein are kept;
(2) Displays or takes orders from any customer for any merchandise,goods,entertainment or other
services offered on the enterprise premises;
Created: 2025-11-26 13:51:33 [EST]
(Supp. No.47)
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(3) Delivers or provides to any customer any merchandise,goods,entertainment or other services offered
on the enterprise premises;
(4) Acts as a door attendant to regulate entry of customers or other persons into the enterprise premises;
or
(5) Supervises or manages other persons in the performance of any of the foregoing activities on the
enterprise premises.
Customer means any person who:
(1) Is allowed to enter a regulated establishment in return for the payment of an admission fee or any
other form of consideration or gratuity;
(2) Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise,
goods,entertainment or other services offered therein; or
(3) Is a member of and on the premises of a regulated establishment operating as a private club.
Director means the chief of police and such city employee(s)as he may designate to perform the duties of
the director under this article.
Display surface means the entire surface of a sign,on one side,devoted to exhibiting advertising.The display
surface shall not include the sign frame and incidental supports thereto.
Employee means any person who renders any service whatsoever to the customers of a regulated
establishment or who works in or about a regulated establishment and who receives compensation for such
service or work from the operator or owner of the regulated establishment or from the customers therein.
Enterprise means an adult cabaret,adult encounter parlor,adult lounge, adult modeling studio,or any
establishment whose major business is the offering to customers of a product or service which is intended to
provide sexual stimulation or sexual gratification to such 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.The term "enterprise"shall not be construed to include:
(1) Any adult bookstore or adult movie theater,as those terms are defined herein;
(2) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed
athletic trainers,licensed cosmetologists, or licensed barbers performing functions authorized under
the licenses held;
(3) Any business operated by or employing licensed physicians or licensed chiropractors engaged in
practicing the healing arts;or
(4) Any retail establishment whose major business is the offering of wearing apparel for sale to customers.
Entertainment means any act or performance,such as a play,skit, reading, revue, pantomime,scene,song,
dance, musical rendition or striptease,whether performed by employees,agents,contractors,or customers.The
term"entertainment"shall also mean bartenders,waiters,waitresses,or other employees exposing specified
anatomical areas or engaging in specified sexual activities in the presence of customers.
Exterior portion means any part of the physical structure of a regulated establishment, including a wall,
veneer, door,fence, roof covering,or window,which is visible from any public way or public property.
Operator means the manager or other natural person principally in charge of a regulated establishment.
Owner or owners means the proprietor, if a sole proprietorship, all partners(general and limited)if a
partnership,or all officers,directors and persons holding ten percent or more of the outstanding share of a
corporation.The term "owner"shall not include any such person who has given to the operator a statement under
Created: 2025-11-26 13:51:33 [EST]
(Supp. No.47)
Page 2 of 3
oath that he does not desire to be listed on the permit application and that he waives any right to any notice that
is required or permitted to be given under this article.
Permit means a current,valid permit issued by the director pursuant to the terms of this article to an
operator for an enterprise.
Regulated establishment means any enterprise, adult bookstore or adult movie theater, as defined herein.
Sign means a display,design,pictorial or their representation,which shall be so constructed, placed,
attached, painted, erected,fastened or manufactured in any manner whatsoever so that the same is visible from
the outside of a regulated establishment and that is used to seek the attraction of the public to any goods,services
or merchandise available in or from such regulated establishment.The term "sign"shall also include such
representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as
such representations painted on or otherwise affixed to any part of the tract upon which such a regulated
establishment is situated.
Specified anatomical areas means:
(1) Less than completely and opaquely covered: human genitals, pubic region or pubic hair;or buttock;or
female breast or breasts below a point immediately above the top of the areola;or any combination of
the foregoing;or
(2) Human male genitals in a discernible erect state,even if completely and opaquely covered.
Specified sexual activities means:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation,sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock,or female
breast or breasts; or
(4) Any combination of the foregoing.
Tract means a contiguous parcel of land under common ownership,whether situated within the city or not.
(Code 2003, § 15.041)
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(Supp. No.47)
Page 3 of 3
Sec. 54-118. Definitions.
As used in this article,the following words shall have the meanings herein ascribed, unless the context of
their use clearly indicates another meaning:
Adult arcade means any premises to which members of the public or members of any club,group or
association are admitted and permitted to use one or more arcade devices.
Arcade device means any coin-or slug-operated or electronically or mechanically controlled machine or
device that dispenses or effectuates the dispensing of entertainment,that is intended for the viewing of five or
fewer persons in exchange for any payment of any consideration.
Entertainment means any of the following in which specified sexual activities are depicted:
(1) Any live exhibition,display or performance;
(2) Any still picture(s)or movie picture(s),whether mechanically,electrically or electronically displayed;or
(3) Any combination of the foregoing.
Individual means only a natural person.
Operator means the individual who is principally in charge of the management of the adult arcade.
Owner or owners means the proprietor if a sole proprietorship,all partners(general and limited)if a
partnership, or all officers, directors and persons holding ten percent or more of the outstanding shares if a
corporation. Provided, however,the term"owner"or"owners"shall not include any of the aforesaid persons who
has given to the operator a statement under oath that the person does not desire to be listed on a permit
application under this article and that the person waives any right to any notice that is required or permitted to be
given by the city or any officer or agency thereof in connection with the application or permit for the adult arcade
under this article.
Permit means a current,valid permit issued by the police chief under this article to an operator for an adult
arcade.
Police chief means the chief of police and any employee(s)of the police department assigned by the chief to
perform the chief's duties prescribed in this article.
Premises means a building; provided,that if a building has been physically divided into separate units that
each have their own individual means of ingress and egress to the exterior of the building and which are offered by
lease or otherwise for separate use and control,then it shall refer to each such separate unit.
Specified sexual activities has the same meaning given to it in article Ill of this chapter.
(Code 2003, §15.061)
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(Supp.No.47)
Page 1 of 1
Section 8-108. Sexually oriented businesses.
(a) Spacing. Notwithstanding any other provision of this ordinance to the contrary,a "regulated establishment"
(as defined in the sections of the Code of Ordinances relating to sexually oriented businesses) may not be
located:
(1) within 750 feet of any school, church,youth athletic facility, park, municipal building or licensed day
care center,within the City,which facilities are hereby found and determined to be inconsistent with
the operation of a regulated establishment; or
(2) within 250 feet of any other such regulated establishment for which there is a permit.
(b) Measurement. Measurements for the foregoing distance regulations shall be made in a straight line,without
regard to intervening structures or objects,from the nearest point on the property line of the building site
where the regulated establishment is located to the nearest point on the property line of the building site
occupied by the other facility or establishment.
(c) Other Provisions.The provisions of this Ordinance and the provisions of the Code of Ordinances relating to
sexually oriented businesses shall both be applied to regulated establishments,and said provisions of the
Code are adopted, confirmed and made a part of this Ordinance by this reference.
Created: 2025-11-26 13:51:42 [EST]
(Supp. No.47)
Page 1 of 1
City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess, Planning and Zoning Administrator
Date: February 12,2026
Re: Proposed Ordinance—Regulation of Various Enterprises
Background Information:
At its meeting on December 8, 2025,the City Council of the City of West University Place directed the
Zoning and Planning Commission(ZPC)to review the City's existing regulations applicable to certain
commercial uses commonly regarded as having potential secondary impacts on surrounding areas. These
uses include bail bond services, headshops, massage establishments, poker clubs,precious metal dealers,
smoke shops,tattoo shops, and similar enterprises.
In response to this direction,the ZPC initiated a review of the City's Code of Ordinances to evaluate whether
existing regulatory tools adequately address locational compatibility, operational oversight, and potential
overconcentration of these uses. The purpose of this review is to assist the ZPC in determining whether
amendments to the Code are warranted and, if so,to recommend appropriate regulatory measures for City
Council consideration.
Applicable Regulations:
(1) State Law
Texas municipalities are authorized under the Texas Local Government Code to regulate commercial land
uses through zoning, permitting, and licensing provisions to protect the public health, safety, and welfare.
This authority includes the ability to impose locational restrictions, separation distances, and operational
requirements on certain commercial uses when such regulations are reasonably related to legitimate
governmental interests.
In addition, specific business types—such as credit access businesses and massage establishments—are
subject to state licensing requirements,which municipalities may supplement through local registration,
inspection, and enforcement provisions, provided such regulations are not inconsistent with state law.
(2) City of West University Place Code of Ordinances
The City currently regulates certain commercial uses through a combination of zoning provisions and
business regulations, including:
3826 Amherst St. www.westutx.gav
West University Place, TX 77005
713-662-5830
ity of
West University Community Development
Place
• Chapter 54—Offenses and Miscellaneous Provisions, which contains licensing,permitting, and
enforcement provisions applicable to various business activities; and
• Appendix A—Zoning Ordinance, which governs permitted uses and development standards by
zoning district
Prior to this review, regulation of the identified uses was dispersed across multiple sections of the Code, with
limited consolidation of definitions, permitting requirements, or spacing standards.
Staff Report:
Staff conducted a comprehensive review of the City's existing ordinances applicable to the commercial uses
identified by City Council. This review included an evaluation of current definitions, permitting and
registration requirements, inspection authority, enforcement mechanisms, and locational controls.
Based on this review, staff prepared a draft ordinance establishing Article XI—Various Enterprises within
Chapter 54 of the Code of Ordinances. The proposed ordinance consolidates and clarifies regulatory
provisions applicable to these uses by:
• Establishing clear and consistent definitions for each regulated enterprise;
• Requiring a city-issued permit or certificate of registration for each business location;
• Providing for annual permit renewal and nontransferability;
• Authorizing inspections by the city manager or designee to ensure compliance;
• Establishing spacing requirements to prevent overconcentration and to protect sensitive land uses,
including public and private schools; and
• Preserving existing lawful businesses as legal nonconforming uses.
The proposed ordinance expressly excludes credit access businesses from the definition of"various
enterprises,"as such businesses are already comprehensively regulated under Chapter 54,Article VII—
Credit Access Businesses,thereby avoiding duplication and potential conflicts within the Code.
Staff finds that the proposed ordinance is clear, internally consistent, and enforceable, and that it provides the
City with additional land use—based regulatory tools to address compatibility concerns while remaining
consistent with state law.
Staff Recommendation:
Staff recommends that the Zoning and Planning Commission review and discuss the proposed Article XI—
Various Enterprises ordinance and forward its findings and any recommended modifications to the City
Council for consideration and possible adoption.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Place Community Development
Attachments
• (PROPOSED)Article XI.Various enterprises
• (PROPOSED)Article 8.Additional regulations
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
PART II-CODE OF ORDINANCES
Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IX.OUTDOOR LIGHTING REGULATIONS
ARTICLE XI. VARIOUS ENTERPRISES
Sec.54-227. Definitions.
As used in this article, the following words shall have the meanings herein ascribed, unless the context
clearly indicates otherwise:
Bail bond service means an establishment that makes available to the public undertakings of bail in
connection with judicial proceedings.
Credit access business shall have the meaning and be regulated pursuant to Chapter 54—Offenses and
Miscellaneous Provisions,Article VII—Credit Access Businesses.
Headshop means any retail establishment open to the public that presents, displays, or offers for sale
paraphernalia,items, equipment, or products commonly used, intended to be used, or commonly known to be used,
for the ingestion, inhalation,preparation, or injection of illegal substances. This includes any device fabricated,
constructed, altered, adjusted, or marked for the smoking or ingestion of marijuana, hashish, cocaine,
met hamphetamine, any other controlled substance,synthetic controlled substance, or any substance that mimics
the effect of THC, notwithstanding that the device may also be capable of lawful use for another purpose.
Massage establishment means a place of business in which massage therapy is practiced by a massage
therapist licensed by the State of Texas. For purposes of this article, massage therapy means the manipulation of
soft tissue for therapeutic purposes and includes, but is not limited to, effleurage(stroking),petrissage(kneading),
tapotement(percussion), compression vibration,friction, nerve strokes, and Swedish gymnastics, whether
performed by hand or by mechanical or electrical apparatus. Massage therapy may include the use of oils, heat
lamps, hot or cold packs, tub showers, or cabinet baths. The terms therapy and therapeutic do not include
diagnosis, the treatment of illness or disease,or any service for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law.
Poker club means a private,for-profit business located in a building or place that provides facilities for live
poker games conducted at one or more gaming tables.
Poker club,operator means an individual who operates a cash register, cash drawer, or other depository
on the premises of a poker club, or who maintains financial records generated from the operation of a poker club.
Poker club,owner means a person who:
(1)Has an ownership interest in or receives profits from a poker club;
(2)Is a partner, director,or officer of a business entity that has an ownership interest in a poker club;or
(3)Is a shareholder holding more than ten percent of the outstanding shares of a business entity that has
an ownership interest in a poker club.
Poker game means a card game in which:
(1)A member physically present places a wager based on the ranking of cards held;
(2)Each participant has an opportunity to benefit from personal winnings;and
(3)Except for skill or luck, the risks of losing and chances of winning are the same for all participants.
Poker gaming table means a recreational table at which members of a poker club participate in a live poker game.
The term does not include video,electronic, mechanical,or online poker devices.
Precious metal dealer means a retail establishment that primarily purchases coins or secondhand items containing
precious metals, including jewelry, watches, utensils, candlesticks, and religious or decorative objects. This use is
commonly referred to as a gold exchange business.
West University Place,Texas,Code of Ordinances Created: 2025-11-26 13:51:35 [EST]
(Supp. No.47)
Page 1 of 3
Smoke shop means a retail establishment that primarily sells tobacco-related products and accessories and does
not meet the definition of a headshop. Examples include cigar shops and retail tobacco stores.
Tattoo shop means a business that places designs, letters,figures,symbols, or other marks upon or under the skin
of a person using ink or other substances, resulting in permanent coloration by means of needles or similar
instruments designed to puncture the skin.
Various enterprise means any bail bond service, headshop, massage establishment,poker club,precious metal
dealer,smoke shop, or tattoo shop. Credit access businesses are excluded from this definition and are regulated
separately pursuant to Chapter 54,Article VII.
Operator means the individual principally responsible for the day-to-day management of a various enterprise.
Owner means any person or entity holding a legal or equitable ownership interest in a various enterprise.
Permit means a current, valid permit or certificate of registration issued by the city pursuant to this article.
Sec.54-228.—Remedial and supplemental effect.
(a)The provisions of this article are remedial and shall apply to all various enterprises now existing or
hereafter established.
(b)The provisions of this article are supplemental and cumulative of all other applicable ordinances and
state laws.
Sec.54-229.—Permit or registration required.
(a) It shall be unlawful for any person to own, operate, manage,or conduct a various enterprise without first
obtaining a valid permit or certificate of registration issued by the city.
(b) A separate permit or registration shall be required for each physically separate location.
(c) The permit or registration shall be conspicuously displayed on the premises at all times.
Sec.54-230.—Application requirements.
(a) An applicant shall submit an application on a form provided by the city,which shall include at minimum:
1. Legal name,trade name,and contact information of the applicant;
2. Street address of the business location;
3. Names and addresses of all owners and operators;
4. Copies of all required state licenses or certifications;
5. A current,valid certificate of occupancy for the premises;
6. Payment of all applicable non-refundable fees.
(b) The applicant shall notify the city within 45 days of any material change to the application information.
Sec.54-231.—Issuance;term;nontransferability.
(a) Upon receipt of a complete application and verification of compliance,the city shall issue the permit or
registration.
(b) Each permit or registration shall expire one year from the date of issuance unless renewed.
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(Supp.No.47)
Page 2 of 3
(c) Permits and registrations are nontransferable and valid only for the approved location and operator.
Sec. 54-232.—Inspections.
(a)The city manager or designee may conduct inspections during regular business hours or at other
reasonable times to ensure compliance with this article.
(b) Refusal to permit inspection shall constitute grounds for suspension or revocation of the permit or
registration.
Sec. 54-233.—Location and spacing restrictions.
(a) No new various enterprise shall be located within 2,000 feet of:
1. A public or private school;or
2. An existing enterprise of the same type.
(b) Distance shall be measured in a straight line from the nearest property line of each use.
(c) Existing lawful enterprises shall be deemed legal nonconforming uses.
Sec. 54-234.—Additional provisions for massage establishments.
(a)All massage therapists shall maintain a valid state license.
(b) Permits for massage establishments are location-specific and nontransferable.
(c)Any violation of city ordinances or state law may result in revocation by the city manager or designee.
Sec. 54-235.—Suspension; revocation.
The city may suspend or revoke a permit or registration upon finding that the operator or owner:
1. Violated any provision of this article;
2. Operated without a required state license;
3. Refused inspection;or
4. Provided false or misleading application information.
Sec. 54-236.—Violations; penalty.
(a)A person who violates this article commits an offense.
(b) Each day a violation occurs constitutes a separate offense.
(c)An offense is punishable by a fine not to exceed$500.00.
(d) No culpable mental state is required.
Sec. 54-237.—Appeals.
Any person aggrieved by a decision under this article may appeal in accordance with procedures established by city
ordinance.
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(Supp. No.47)
Page 3 of 3
PART II-CODE OF ORDINANCES
APPENDIX A-ZONING ORDINANCE*
ARTICLE 8.ADDITIONAL REGULATIONS
ARTICLE 8. ADDITIONAL REGULATIONS
Sec. 8-116. Various enterprises.
a) Purpose and intent.The purpose of this section is to regulate the location of various enterprises in order
to protect the public health,safety,and general welfare,and to minimize adverse secondary impacts
associated with the concentration and proximity of such uses.This section is intended to be applied in a
content-neutral manner and is not adopted for the purpose of suppressing or restricting lawful business
activities.
b) Applicability.This section applies to all various enterprises,as defined in Chapter 54,Article XI,whether
now existing or hereafter established.
c) Location restrictions. No various enterprise shall be located within:
a. Two thousand(2,000)feet of a public or private school; or
b. Two thousand(2,000)feet of another various enterprise of the same type.
d) Measurement of distance. For purposes of this section,distance shall be measured in a straight line,
without regard to intervening structures,from the nearest property line of the lot on which the proposed
various enterprise is located to the nearest property line of the lot on which the protected use or other
various enterprise is located.
e) Existing uses.Any various enterprise lawfully existing on the effective date of this section that does not
conform to the location requirements herein shall be deemed a legal nonconforming use and may
continue to operate,subject to all other applicable laws and regulations.
f) Expansion or relocation.A nonconforming various enterprise shall not be expanded,enlarged,or
relocated in a manner that increases its degree of nonconformity with this section.
g) Separation from multiple uses. For purposes of this section,a various enterprise shall be required to
comply independently with all spacing requirements, regardless of whether the protected uses or other
various enterprises are located on the same tract or on separate tracts.
h) No waiver by permit. Compliance with this section shall be required in addition to any permit or
registration required under Chapter 54,Article XI,and no permit or registration shall be construed as
waiving the location requirements of this section.
West University Place,Texas,Code of Ordinances Created: 2025-11-26 13:51:42 [EST]
(Supp. No.47)
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