1997-069RESOLUTION NO. 9
A RESOLUTION DECLARING A MORATORIUM ON THE ISSUANCE OF
LICENSES FOR THE OPERATION OF SEXUALLY ORIENTED
BUSINESSES PENDING THE STUDY, REVIEW AND DISCUSSION OF
PROPOSED REGULATIONS REGARDING SEXUALLY ORIENTED
BUSINESSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 1, 1987, the City Council of the City of Southlake adopted
Ordinance 399 regulating operation of sexually oriented businesses within the City; and
WHEREAS, the City Council of the City of Southlake believes that it will take several
months to develop sufficient information to determine whether it is appropriate to amend
Ordinance 399 and Ordinance No. 480 regarding permitted locations for the operation of
sexually oriented businesses; and
WHEREAS, the City Council of the City of Southlake believes that it is necessary and
appropriate to institute temporary limitations on the issuance of licenses to operate a
sexually oriented business for a limited period of time to provide the city with the
opportunity to complete its study and review; and
WHEREAS, the city council desires to maintain the status quo within the city until
such time as the Planning and Zoning Commission and the City Council have had a
reasonable opportunity to study, discuss, review and take appropriate action as may be
required to protect the public health, safety and welfare; and
WHEREAS, a 180 day moratorium placed upon the issuance of licenses to operate
a sexually oriented business is a minimally intrusive method of maintaining the status quo
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until such review can be completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
There is hereby declared to be a moratorium on the issuance of all licenses for the
operation of a sexually oriented business within the City of Southlake. Effective immediately
and for a period of 180 days, no application for a license, certificate of occupancy or building
permit shall be accepted and no license, certificate of occupancy or building permit shall be
issued for the use of or the construction, repair or renovation of any structure or land for
the operation of a sexually oriented business.
SECTION 2.
Any person who believes that the moratorium established by this Resolution
unreasonably and unnecessarily impacts his property shall have the right to request a
variance to the provisions of this moratorium from the City Council. A person seeking a
variance shall make a written request to the City Council by submitting it to the City
Secretary's office. The request must provide the following information:
a. A description of the property to be covered by the variance.
b. An explanation as to why the application of the moratorium is unreasonable
as applied to the applicant's property.
C. A description of any negative impacts created by the moratorium provision.
The City Secretary's office shall place the request for a variance on the agenda of the
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City Council for consideration at a public meeting. The applicant shall receive written notice
of the date of the proposed hearing on the variance request. The City staff shall not be
required to provide written notice of the variance request to any other individual or entity.
On the date that the item is set for hearing, the City Council shall conduct a public hearing
on the variance request giving any individual who desires to present information or evidence
to the Council on the appropriateness or inappropriateness of the variance the opportunity
to appear before the Council and present such information. At the conclusion of the
hearing, the City Council, by majority vote, may approve a variance to the provisions of this
moratorium resolution or may deny the request for variance. The approval of a variance
shall entitle the applicant to proceed through the normal permitting process for the property
to which the variance has been granted.
SECTION 3.
This moratorium shall be considered in full force and effect upon its passage and for
a period not to exceed one hundred and eighty (180) days unless terminated prior to that
time by action of the City Council upon final adoption of an ordinance adopting
amendments regarding the regulation of sexually oriented businesses.
SECTION 4.
The planning and zoning commission is directed to expeditiously review amendments
to the zoning ordinance, conduct public hearings, and continue proper procedures for
consideration of adoption of zoning ordinance amendments regulating the location of
sexually oriented businesses.
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SECTION 5.
This Resolution shall become effective upon its passage and approval.
PASSED and APPROVED on this 4th day of November, 1997.
A EST:
Sandy LeGrand, City Secretary
Rick Stacy, Mayor
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