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HomeMy WebLinkAbout03122026 ZPC Agenda Item 3 West University Community Development Place p To: The Zoning and Planning Commission From: Chris Guess, Planning and Zoning Administrator Date: March 12,2026 Re: Proposed Ordinance Amendments—Sexually Oriented Businesses and Various Business Establishments; ZPC Preliminary Report Background Information: At its meeting on December 8, 2025, the City Council directed the Zoning and Planning Commission (ZPC) to review the City's regulatory framework applicable to certain commercial uses that may generate secondary impacts on surrounding land uses. These uses include sexually oriented businesses as well as bail bond services, headshops, massage establishments,poker clubs, precious metal dealers, smoke shops, and tattoo shops. At the ZPC meeting held on January 8, 2026, the Commission reviewed potential amendments to the City's regulations governing Sexually Oriented Businesses (SOBs). Following that discussion, staff conducted additional review of the City's Code of Ordinances and Zoning Ordinance and prepared draft amendments for the Commission's consideration. The purpose of this agenda item is for the ZPC to review the final draft ordinances and the accompanying preliminary report and determine whether to forward the proposed amendments to the City Council with a recommendation for consideration and possible adoption. Applicable Regulations: • State Law. Texas municipalities are authorized under the Texas Local Government Code to regulate commercial land uses through zoning, permitting, and licensing provisions designed to protect public health, safety, and welfare. Chapter 243 of the Texas Local Government Code specifically authorizes municipalities to regulate sexually oriented businesses, including imposing location restrictions and licensing requirements. Several businesses included in the proposed"various business establishments"category are also regulated by state law, including bail bond services (Texas Occupations Code Chapter 1704), massage establishments (Chapter 455),precious metal dealers (Chapter 1956), and tattoo studios (Texas Health and Safety Code 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 West University Place Community Development Chapter 146). Municipal regulations may supplement these requirements provided they do not conflict with state law. • City of West University Place Code of Ordinances Sexually oriented businesses are currently regulated through: • Chapter 54—Offenses and Miscellaneous Provisions, Article III— Sexually Oriented Businesses; and • Appendix A—Zoning Ordinance,Article 8 —Additional Regulations, Section 8-108. Other commercial uses identified by City Council are presently regulated in various sections of the Code with limited consolidation of definitions,permitting requirements, or locational controls. Staff Report: Sexually Oriented Businesses Staff reviewed the City's existing ordinances governing sexually oriented businesses, including Chapter 54 and Appendix A of the Zoning Ordinance. A GIS analysis of the existing 750-foot spacing requirement confirmed that the current regulatory framework functions as intended. Staff recommends a limited amendment to Section 8-108 to include municipal buildings and public parks as protected uses within the spacing requirements. Various Business Establishments Staff also reviewed the City's regulatory framework for commercial uses, identified by City Council as having potential secondary impacts. Based on this review, staff prepared a proposed Chapter 54,Article XI—Various Business Establishments, which consolidates definitions,permitting requirements, inspection authority, and enforcement provisions applicable to these uses. The proposed ordinance regulates the following businesses: • Bail bond services • Headshops • Massage establishments • Poker clubs 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 West University Place Community Development • Precious metal dealers • Smoke shops • Tattoo shops Key provisions include permit requirements, annual renewals, inspection authority, and spacing requirements intended to prevent overconcentration and protect sensitive land uses such as schools. Staff Recommendation: Staff recommends that the Zoning and Planning Commission: 1. Review and discuss the proposed amendment to Appendix A — Zoning Ordinance, Article 8, Section 8-108 (Sexually Oriented Businesses) to include municipal buildings and public parks as protected uses; 2. Review and discuss the proposed adoption of Chapter 54, Article XI — Various Business Establishments and the associated zoning provisions; and 3. Approve the ZPC Preliminary Report and forward the proposed amendments and any recommended modifications to the City Council for consideration and possible adoption. Attachments: 1. ZPC Preliminary Report 2. Proposed amendments—Appendix A, Article 8, Section 8-108 — Sexually Oriented Businesses 3. Proposed amendments—Appendix A, Article 8, Section 8-116—Various Business Establishments 4. Proposed amendments—Chapter 54,Article XI—Various Business Establishments 5. GIS Map—750 ft. spacing analysis (Northeastern portion of the City) 6. GIS Map—750 ft. spacing analysis (Southwestern portion of the City) 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 Preliminary Report Zoning and Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 March 13, 2026 Honorable Mayor and Members of the City Council City of West University Place 3800 University Boulevard West University Place, Texas 77005 Subject: Preliminary Report on Proposals to Amend the Code of Ordinances and Zoning Ordinance Relating to Sexually Oriented Businesses and Various Enterprises To the Honorable Mayor and Members of City Council : The Zoning and Planning Commission of the City of West University Place submits this preliminary report on the subject proposal for the assistance of the City Council and other interested persons . Scope of Proposal. The proposals under consideration address two categories of commercial uses : Sexually Oriented Businesses (SOBs) and Various Enterprises and are intended to strengthen land use compatibility standards and regulatory clarity. Sexually Oriented Businesses The proposal would amend Appendix A - Zoning Ordinance, Article 8, Section 8-108 to clarify and strengthen spacing requirements for sexually oriented businesses . The amendment would add residential uses, municipal buildings, and public parks as protected uses within the existing 750-foot separation requirement, retain the current 250-foot separation between regulated establishments, maintain straight-line measurement standards, and confirm the concurrent application of the Zoning Ordinance and Chapter 54 regulations . The Commission finds that the City already maintains comprehensive operational standards for sexually oriented businesses and that the proposed amendment appropriately focuses on clarifying protected land uses to preserve neighborhood character and protect public facilities . Various Enterprises The proposal would establish Chapter 54, Article XI - Various Enterprises, with a companion zoning provision in Appendix A, Article 8, Section 8-116, to regulate certain commercial uses associated with potential secondary impacts, including bail bond services, headshops, massage establishments, poker clubs, precious metal dealers, smoke shops, tattoo shops, and similar enterprises . The ordinance consolidates regulation by establishing uniform definitions, requiring a city-issued permit or registration for each location, providing for annual renewal and nontransferability, authorizing inspections, and imposing spacing requirements prohibiting new various enterprises within 2, 000 feet of a public or private school or another enterprise of the same type. Existing lawful businesses are preserved as legal nonconforming uses, and credit access businesses are excluded, as they are already regulated under Chapter 54, Article VII . The Commission finds that consolidating these regulations promotes clarity, consistency, and enforceability, and provides additional land use-based tools to address compatibility and overconcentration concerns . Recommendation. Based upon its review of the proposals, the Commission: i . finds that the proposed amendments are in the public interest and consistent with the City' s Comprehensive Plan; ii . finds that the proposals promote the protection of public health, safety, and welfare and are consistent with municipal authority under the Texas Local Government Code; iii . makes its preliminary recommendation favorable to the proposals; and iv. recommends that the City Council proceed with a joint public hearing and consider adoption of the proposed amendments . The Vote The vote on approval of this preliminary report was as follows : Respectfully submitted, ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: Chair For the Commission (Proposed Amendment) Appendix A—Zoning Ordinance;Article 8—Additional Regulations Section 8-108. Sexually Oriented Businesses (a) Spacing. Notwithstanding any other provision of this ordinance to the contrary, a "Regulated Establishment" (as defined in sections 54-75,Article III, Sexually Oriented Business of the Code of Ordinances relating to Sexually Oriented Businesses and similar Enterprises)may not be located: (1) within 750 feet of any school, church, youth athletic facility, park, municipal building, licensed day care center, or residential use, 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 Business 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. PART II-CODE OF ORDINANCES APPENDIX A-ZONING ORDINANCE* ARTICLE 8.ADDITIONAL REGULATIONS (Proposed Amendment) ARTICLE 8. ADDITIONAL REGULATIONS Sec. 8-116. Various Business Establishments. (a) Purpose and intent. The purpose of this section is to regulate the location of Various Business Establishments 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 Article XI, Various Business Establishments, Chapter 54, of the City's Code of Ordinances, as amended, whether now existing or hereafter established. (c) Location restrictions. No Various Business Establishments shall be located within: (1) Two thousand(2,000) feet of a public or private school; or (2) Two thousand(2,000) feet of another Various Business Establishments 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 Business Establishments 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 Business Establishments 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 Business Establishments 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 Business Establishments shall be required to comply independently with all spacing requirements, regardless of whether the protected uses or other Various Business Establishments 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. Page 1 of 1 PART II-CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE XI.VARIOUS BUSINESS ESTABLISHMENTS (Proposed Amendment) ARTICLE XI. VARIOUS BUSINESS ESTABLISHMENTS Sec. 54-225.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 a business establishment that makes available to the public undertakings of bail in connection with judicial proceedings as additionally defined and detailed in Chapter 1704, Texas Occupations Code. Credit Access Business shall have the meaning and be regulated pursuant to Article VII— Credit Access Businesses, Chapter 54—Offenses and Miscellaneous Provisions. 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 as additionally defined and detailed in the Texas Controlled Substances Act (Chapter 481, Texas Health and Safety Code). This includes any device fabricated, constructed, altered, adjusted, or marked for the smoking or ingestion of marijuana, hashish, cocaine, methamphetamine, 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 as additionally defined and detailed in Chapter 455, Texas Occupations Code. 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 Poker 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: Page 1 of 4 (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 that meets the requirements of the affirmative defense to gambling established in Chapter 47, Texas Penal Code, 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 as additionally defined and detailed in Chapter 1956, Subchapter B, Texas Occupations Code. This use is commonly referred to as a gold exchange business. 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 as additionally defined and detailed in Chapter 146, Texas Health and Safety Code. Various Business Establishment means any bail bond service, headshop, massage establishment, poker club, precious metal dealer, smoke shop, or tattoo shop as defined in this Article. 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 Business Establishment. Owner means any person or entity holding a legal or equitable ownership interest in a Various Business Establishment. Permit means a current, valid permit or certificate of registration issued by the city pursuant to this or any other article of the City's Code of Ordinances. Sec. 54-226.—Remedial and supplemental effect. Page 2 of 4 (a) The provisions of this article are remedial and shall apply to all Various Business Establishments now existing or hereafter established. (b) The provisions of this article are supplemental and cumulative of all other applicable ordinances and state laws. Sec. 54-227.—Permit required. (a) It shall be unlawful for any person to own, operate,manage,or conduct a Various Business Establishments without first obtaining a valid permit 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. 54-228.—Permit requirements. (a) An applicant shall submit, in addition to their permit, an addendum 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 addendum information. Sec. 54-229.—Issuance; term; nontransferability. (a) Upon receipt of a complete application and verification of compliance, the city shall issue the permit. (b) Each permit shall expire one year from the date of issuance unless renewed. (c)Permits are nontransferable and valid only for the approved location and operator. Sec. 54-230.—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. Sec. 54-231.—Location and spacing restrictions. The provisions on location and density are established in Article 8, Additional Regulations, of the City's Zoning provisions, as amended. Sec. 54-232.—Additional provisions for massage establishments. (a)All massage therapists shall maintain a valid state license. Page 3 of 4 (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. 54-233.—Suspension; revocation. The city may suspend or revoke a permit upon finding that the operator or owner: (a) Violated any provision of this article; (b) Operated without a required state license; (c) Refused inspection; or (d) Provided false or misleading application information. Sec. 54-234.—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. 54-235.—Appeals. Any person aggrieved by a decision under this article may appeal in accordance with procedures established by city ordinance. Page 4 of 4 f 7/6 , , 1 (.1W i I ; IL , ® .+!•angtg 7, j r' 1 1 �- �� iJEEi1 _ kJ BP1 t.kJ 1 I- U 1 ; -- ' ; 1 [ � 514t _ , • • ,•v•-:n , i I ' 1 l 1 L,_ i =,, ,.. l __ 1 Li J :. r-,._, �. )1 r ► I - HF ►�.: 750 ft. A , , _..._ ; 1�. TilN in , , _ UMW NIB :a • m -+ Harris County Appraisal District GIS Division 13013 Norhtwest Fwy Houston,TX 77040 . . . 1 ill 0 400 800 1,600 2,400 3,200 Feet Legend City of West University Place Map Produced by: Chris Guess Selected Residential Date Produced: January 20, 2026 `' Parcels E_. . .I 750 ft. Buffer Disclaimer: The City of West University Place has attempted to verify the accuracy of the information contained in the 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 represents only the approximate relative location of property boundaries, Place r k r r • k k • Ik r r r 1� • b IMO r 1 f k r t ' tl / 11 7•*4 /4 r 1 Wee4.&P/ • 0; re ivit 750 ft. ►�..W�A♦ N CNN ,I � �:•��i�i 'l !• , i 1�4 • N A Harris County Appraisal District GIS Division 13013 Norhtwest Fwy Houston,TX 77040 0 330 660 1,320 1,980 2,640 Feet Legend City of West University Place Map Produced by: Chris Guess Selected Residential Date Produced: January 20, 2026 Parcels 750 ft. Buffer Disclaimer: The City of West University Place has attempted to verify the accuracy of the information contained in the '' following map at the time of publication. The City of West University Place assumes no liability for any ( ' ° t I' 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.