HomeMy WebLinkAboutOrdinance 10727u hI .~ ~ :~ ~
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ORDINANCE NO 10727
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI-
NANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS {1986), AS
AMENDED, BY ADDING PROVISIONS TO SECTION 18,
SUBSECTION E, REGULATING THE LOCATION OF BARS IN "F"
AND "G" COMMERCIAL DISTRICTS, TO REQUIRE THE TERMINA-
TION OF CERTAIN LEGAL NONCONFORMING USES, TO ALLOW THE
ZONING BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS
FOR CERTAIN BARS IN "F" AND "G" COMMERCIAL DISTRICTS,
AND TO PERMIT THE ZONING BOARD OF ADJUSTMENT TO EXTEND
THE PERIOD FOR TERMINATION OF CERTAIN LEGAL NONCON-
FORMING USES; BY REVISING SECTION 20 OF ORDINANCE
N0. 3011 TO PERMIT THE ZONING BOARD OF ADJUSTMENT TO
GRANT SPECIAL EXCEPTIONS FOR CERTAIN BARS IN "F" AND
"G" DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PRO-
~, VIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth finds that the concentra-
tion, proximity and proliferation of bars (as defined herein) has
had an adverse effect on churches, parks, schools and residential
zoning districts.
WHEREAS, the City of Fort Worth has the power to regulate
the location of bars by virtue of its powers as a home rule city,
as well as its powers under Chapter 211 of the Local Government
Code and the Texas Alcoholic Beverage Code Section 109 57; and
WHEREAS, the City of Fort Worth wishes to regulate the loca-
tion of bars for the purpose of promoting the health, safety and
general welfare of its citizens and to establish reasonable regu-
lations concerning their location;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS : ~~"-`~'~••'-
~ff~C1At RECORD ~
~' SECRETARY
fT. WQATN, rEX.
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SECTION 1.
That "SECTION 18, MODIFICATIONS TO DISTRICT REGULATIONS" of
the Comprehensive Zoning Ordinance, being Ordinance No. 3011, as
amended, codified as Appendix "A" of the Code of the City of Fort
Worth, Texas {1986), as amended, is hereby amended by adding the
following new subparagraphs to Paragraph 1) of Subsection E,
"Location Regulations Applicable to Bars in "F" and "G"
Commercial Districts", which new subparagraphs shall read as
follows:
c) Any bar which is lawfully operating prior to the
effective date of this ordinance that does not
meet the location requirements of Section 18,
Subsection E, shall be deemed a nonconforming use
and shall be permitted to continue operations for
one (1) year from the effective date of this ordi-
nance, unless sooner terminated for any reason or
voluntarily discontinued for a period of thirty
(30) days or more Such nonconforming use shall
not be increased, expanded, enlarged, extended or
altered except that the use may be changed to a
conforming use. If two or more bars are within
five hundred feet (500') of one another and other-
wise in a permissible location, the bar which was
first established and continuously operating at
that particular location shall be the conforming
use and the later established bar shall be noncon-
forming
d) An establishment lawfully operating as a con-
forming use after the effective date of this ordi-
nance is not rendered a nonconforming use by the
location, subsequent to the operation of such
establishment, of a church, public or private
elementary or secondary school, public park or
residential zoning district within 500 feet of
such establishment.
e) Notwithstanding anything contained herein to th
contrary, the Board of Adjustment may authorize a
exception to these locational requirements fo
bars in an "F" or "G" District by approving
special exception If a special exception is no
approved, then the Board of Adjustment may exten
the hereinabove referred to one (1) year amortiza
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tion period to a reasonable period of time for any
nonconforming bar upon a showing by the particular
business that without an extension it will be
unable to recoup its investment in the noncon-
forming structure. Any nonconforming business
which desires a special exception or an extension
must register with the Board of Adjustment as a
nonconforming use no later than November 13, 1991,
and must file an application for a special excep-
tion or extension no later than November 13, 1991.
SECTION 2.
That Ordinance 3011, as amended, is hereby amended by
revising Section 20, "Board of Adjustment", by adding the fol-
lowing as an authorized special exception to subparagraph "c":
Special Exception Districts Where Authorized
Bars made nonconforming "F", "G"
by Section 18E of this
ordinance.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances 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 conflicting provisions of such ordinances
and such Code are hereby repealed
SECTION 4.
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 unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionali.
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not affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase, clause, sen-
tence, paragraph or section
SECTION 5.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000 00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the provi-
sions of Ordinance No. 3011 or any other ordinances affecting
zoning which have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected
by this ordinance but may be prosecuted until final disposition
by the courts
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is here-
by authorized to publish this ordinance in pamphlet form for
general distribution among the public, and the operative provi-
sions of this ordinance as so published shall be adm Y'~~R~'
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evidence in all courts without further proof than the production
thereof, as provided in Chapter XXV, Section 3, of the Charter of
the City of Fort Worth, Texas.
SECTION 8.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption, penalty clause and effective date in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City.
SECTION 9.
The City Secretary of the City of Fort worth, Texas, is
hereby directed to publish the caption, penalty clause and effec-
tive date of this ordinance for two (2) days in the official news-
paper of the City of Fort Worth, Texas, as authorized by
Section 52 013, Texas Local Government Code
SECTION 10
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
Date : ~( -~,~ ~>
ADOPTED : /~- /~ ~' 9~A(~
EFFECTIVE: ' ~~~~ l~y ~~~~~~~~ ~~~~~°~
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