1998-028 ResolutionCity of Southlake, Texas
RESOLUTION NO. 98-28
A RESOLUTION EXTENDING A MORATORIUM FOR AN
ADDITIONAL NINETY-THREE (93) DAYS 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 No. 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 No. 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, the City Council on 11-04-97 adopted a one hundred and eighty (180) day
moratorium on the issuance of licenses to operate 'a sexually oriented business as a minimally
intrusive method of maintaining the status quo until such review could be completed; and
WHEREAS, the City Council has determined that an additional ninety-three (93) days
should be extended in order to allow the Planning and Zoning Commission time to complete
its review and recommendation to the City Council and to allow City Council time to review
and take appropriate action;
City of Southlake, Texas
Resolution No. 98-28
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE ' CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
There is hereby declared an additional ninety-three (93) day moratorium, effective upon
expiration of the original one hundred and eighty (180) day moratorium, on the issuance of all
licenses for the operation of a sexually oriented business within the City of Southlake.
Furthermore, 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
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
City of Southlake, Texas .-1 •
Resolution No. 98-28
Page 3
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 passage and for a
period not to exceed ninety-three (93) days upon expiration of the original one hundred and
eighty (180) day moratorium unless terminated prior to that time by action of the City Council
upon final adoption of an amendment, if determined appropriate and necessary, to Ordinance
No. 399 and Ordinance No. 480 regarding permitted locations for the operation of sexually
oriented businesses. This moratorium shall automatically expire on August 4, 1998 unless it is
specifically extended by additional City Council action.
SECTION 4.
PASSED AND APPROVED ON THIS DAY OF , 1998.
aa uuurrur
s s —
s
i a = Mayof Rick Stacy
ATTEST
k" Muax""
Sandra L. LeGrand
City Secretary
D \WD-FILES\RES0LLM\9E-2E DOC/kb