§ 18.246. Location.

(a)

It shall be unlawful for a person to operate or cause to be operated an adult oriented business on any property that is located:

(1)

In the central business area;

(2)

On a parcel of land other than those identified by R number on the map attached as Exhibit A ;

(3)

Within 1,000 feet of the centerline of I-35; or

(4)

Within 1,500 feet of:

a.

A church;

b.

A public or private elementary or secondary school;

c.

A residential district (except the future development zoning district)

d.

A public park contiguous with or across a street from a residential district;

e.

A bar other than the bar within same premises as the licensed adult oriented business;

f.

A residential use;

g.

Another adult oriented business; or

h.

The central business area.

(b)

Distance requirements are to be measured in a straight line from the nearest point of the property line housing the adult oriented business to the boundary line of a residential district, residential use or public park, or to line of a building used as a church, a school, a bar or another adult oriented business.

(c)

Any adult oriented business lawfully operating on May 4, 2001 that is in violation of subsection (a) is a nonconforming use, and is permitted to continue at its present location unless such use is discontinued for a period of 30 days. A nonconforming use may not be enlarged or structurally altered.

(d)

Any lawfully operating adult oriented business which becomes in violation of subsection (a) because of the establishment of a church, a school, or a bar, or the initiation of a residential use, or the moving of a residential district boundary within the offset distance is a nonconforming use, and is permitted to continue at its existing location for a period not to exceed one year unless sooner terminated or discontinued for a period of 30 days. A nonconforming use may not be enlarged or structurally altered.

(e)

Appeals for relief from the distance requirement shall be heard by the Hays County District Court.

(Ord. No. 2010-27, § 2, 5-18-10)