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HomeMy WebLinkAboutOrdinance 9798r L,, { ~ ~' a ~ ORDINANCE NO. ~~ t AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, APPENDIX "A" OF THE CODE OF THE CIT Y OF FORT WORTH (1986), AS AMENDED, BY PROVIDING FOR THE USE , LOCATION AND OTHER REGULAT ION OF PAWN SHOPS WITHIN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR EN- GROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECT' IVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOhP WORTH, TEXAS SECTION 1 . That Section 9, °'E" Commercial District, of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) be amended by adding the following to the list of permitted uses contained in Subsection A, "Use Regulations": 35B. Pawnshops, subject to the restrictions contained in Section 18: SECT ION 2 . That the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) be amended by adding the following Paragraph 13 to Section 18, Paragraph A, which paragraph shall read as follows: "(13) Regardless of the zoning, pawnshops shall be subject to the following distance restrictions: (a) No pawnshop shall be located within 500 feet o.f ~~ any one or two family dwelling district; (b) No pawnshop shall be located within 500 feet of any other pawnshop; `~ ^~, The above distance restrictions shall be measured from the nearest property line of the pawnshop to the nearest prop- erty line of any one or two family dwelling district or other pawnshop. The Board of Adjustment may grant a special exception to the above distance restrictions in accordance with the requirements set forth for special exceptions in Section 20 of the Comprehensive Zoning Ordinance, provided, however, that in granting any such special exception the Board shall place such reasonable conditions on the location, use and operation of the pawnshop as are necessary to protect and maintain nearby one and two family residential areas. "Any pawnshop legally in existence on the effective date of this ordinance shall be deemed to be a nonconforming use and shall meet all requirements for nonconforming uses as set forth in Section 17 of the Comprehensive Zoning Ordinance; provided, however, that any such existing pawn- shop which is nonconforming only as to the above distance restrictions, which is destroyed by fire, explosion or other casualty, or act of God, or the public enemy, may be restored or rebuilt and such nonconforming use may be continued regardless of the extent of destruction to the building." SECTION 3 . This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1964) , 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 unconstitu- tional by the valid judgment or decree of any court of competent -2- ~,. jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence, 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 One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 . A11 rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Comprehensive Zoning Ordinance or any other ordinances affecting pawnshops 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 . SECT ION 7 . The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this -3- A 1 ~ l'' .rs,~ ordinance as so published shall be admissible in 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 and Sections 1, 2, 5, 9 and 10 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECT ION 9 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 5, 9 and 10 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 117bb-1, Revised Civil Statutes of Texas. 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: City Attorney Date : 1 ' t '~ _ S L ADOPTED: ~ ~~'~~~ EFFECTIVE: ~"" ~7 ~~ -4-