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Home My WebLink AboutOrdinance 10947ORDINANCE N0. V AN ORDINANCE IMPOSING A MORATORIUM ON THE ENFORCEMENT OF ORDINANCE N0. 10727 PROVIDING FOR DISTANCE REGULA- TIONS FOR EXISTING BARS IN "F" AND "G" COMMERCIAL DISTRICTS IN THE CITY OF FORT WORTH, WHICH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON FRIDAY, FEBRUARY 14, 1992, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH MORATORIUM BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE REVI- SIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO SUCH DISTANCE REGULATIONS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth regulates the use of land and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordi- nances and regulations; and WHEREAS, on August 17, 1990, the City Council of the City of Fort Worth adopted Ordinance No. 10658 which amended the Comprehensive Zoning Ordinance to provide that new bars in "F" and "G" Commercial districts must be located at least 500 feet from churches, schools, parks, residentially zoned property and other bars; and WHEREAS, on November 13, 1990, the City Council adopted Ordinance No. 10727 which further amended the Comprehensive Zoning Ordinance to provide that existing bars in "F" and "G" Commercial districts must comply with such distance regulations on or before November 13, 1991, or must obtain special exceptions from the Zoning Board of Adjustment on or before November 13, 1991, to permit them to remain in locations which do not comply with such distance regulations; and WHEREAS, many of the citizens potentially affected by said Ordinance No. 10727, as well as City representatives, have been engaged in ongoing, good faith and cooperative efforts to resolve the issues and procedural concerns involved in the implementation of the distance regulations for existing bars in "F" and "G" Commercial districts as well as the appeal process and special exception criteria to be followed by the City's Board of Adjustment; and WHEREAS, the City Council has determined that additional time is necessary so that the City Council and Zoning Commission may consider possible revisions to the ordinances and regulations pertaining to procedures for the implementation of distance regu- lations for existing bars in "F" and "G" Commercial districts; and WHEREAS, the City Council has determined that it is appro- priate for a moratorium to be imposed on the enforcement of Ordinance No. 10727 and on the issuance of citations for any violations of Ordinance No. 10727, so that such revisions may be considered; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, pursuant to the valid exercise of the police power granted to the City of Fort Worth, the enforcement of Ordinance No. 10727 is hereby suspended and held in abeyance and the issuance of citations for any violations of Ordinance No. 10727 2 G is hereby prohibited, from the effective date of this ordinance until the City Council repeals this ordinance or until midnight on February 14, 1992, whichever occurs first. SECTION 2. That except as hereby suspended and held in abeyance, the provisions of Ordinance 10727 shall remain in full force and effect and subject to enforcement when the City Council repeals this ordinance or after midnight on February 14, 1992, whichever occurs first. SECTION 3. That the purpose of this moratorium is to maintain the status quo concerning such nonconforming uses until proposed amendments or procedural matters concerning implementation of the distance regulations can be considered by the Zoning Commission and City Council. SECTION 4. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 5. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. 3 ~: SECTION 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judg- ment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: J ~, ~ t City Attorney Date ADOPTED: EFFECTIVE: 4 ~.'C9AST£R ~,~E 1 City of Foy-t worth,- Texas ACCOUNTiNa 2 TRANSPORTA ~j~./~~` ~~ 'C/Vf~f~//~~~Vf7~ '~~i~P]yL,D~~~~~~IYV~r Ne R AONi~lS7RA7i6fd d (7'(~~ ~J~~~ J TE 10/29/91 REFERENCE NUMBER PZ-1634 LO NAME 120RDBAR PAGE 1 of 1 SUBJECT ADOPTION OF ORDINANCE IMPOSING 90-DAY MORATORIUM ON ENFORCEMENT OF ORDINANCE N0. 10727 (DISTANCE REGULATIONS FOR EXISTING BARS IN "F" AND "G" COMMERCIAL DISTRICTS -- RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance which imposes a moratorium on the enforcement of Ordinance No. 10727, or the issuance of citations for violations thereof, which moratorium shall remain in effect until midnight on February 14, 1992, unless sooner repealed by the City Council DISCUSSION: On November 13, 1990, the City Council adopted Ordinance No. 10727 which established distance regulations for existing bars located in "F" and "G" Corfimercial Districts. These regulations require that existing bars that are within 500 feet of a church, school, park, residentially zoned property or other bars must on or before November 13, 1991, either cease operation or obtain a special exception from the Zoning Board of Adjustment to continue operation. The citizens potentially affected by Ordinance No. 10727, as well as City representatives, have been engaged in cooperative efforts to resolve certain procedural concerns involved in implementation of the distance regulations as well as special - exception criteria to be followed by the Zoning Board of Adjustment. If adopted, the attached ordinance would impose a moratorium until midnight on~~i~ mbe~^ 14, 1992, suspending enforcement of Ordinance No. 10727, and the issuance of citations for any violations thereof. This would maintain the status quo so that additional discussions may take place and proposed amendments concerning procedures relating to implementation of distance regulations for the affected bars may be considered by the Zoning Commission and City Council. WA:z Su itted for City Manager's FUND ACCOUNT CENTER AMOUNT ~ T Office by: to ~ ~®~N~`1 ~I ,~~ I nCE No/ dl Mike Groomer 6140 n2 r dopted ~ Or g nat ng Department Hea Q~j ~9 , ~q91 ~ ~ ~ Wade Adkins 7623 rom ,~ ,~ ,' ~ - ~'/* For Additional Information h Contact e ~~ Se~csetaiy of t ~ ` ~raxaa Wade Adkins 7623 ~'~ ~~ ~~a on reayciee paper