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HomeMy WebLinkAboutOrdinance 9733~~ ~.~. ORDINANCE N0. -~;~ AN ORDINANCE DIRECTING THE ZONING COMMISSION OF THE CITY OF FORT WORTH TO CONDUCT `PUBLIC HEARINGS AND TO REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE ITS RECOM- MENDAT IONS RELAT ING TO PROPOSED AMENDMENTS TO THE COMPRE- HENSIVE ZONING ORDINANCE (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH ) PROHIBITING THE LOCATION OF PAWN SHOPS IN "E" COMMERCIAL AND OTHER ZONING DISTRICTS; PROHIBITING THE ESTABLISHMENT OF' PAWN SHOPS, THE ISSUANCE OF CERTIFI- CATES OF OCCUPANCY, OR THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCT ION, REPAIR, OR RENOVAT ION OF STRUCTURES TO BE USED FOR PAWN SHOPS WITHIN THE CITY PENDING CONSID- ERATION BY THE ZONING COMMISSION AND THE CITY COUNCIL OF RESTRICT IONS REGARDING THE LOCATION OF .PAWN SHOPS IN THE r CITY OF FORT WORTH; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE; PROVIDING FOR THE CUMULATION AND SUSPEN- SION OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth is a homerule municipal corpo- ration organized and existing by virtue of the Constitution and laws of the State of Texas and by its Charter adopted by the electorate in December, 1924; and WHEREAS, under Article 1175, Vernon's Revised Civil Statutes, homerule cities are given the power "... to divide the City in zones or districts and to regulate the location, size, height, bulk and use of buildings within such zones or districts or otherwise and make different regulations for different districts and thereafter alter the same"; and WHEREAS, the Zoning Commission of the City of Fort worth has adopted its Comprehensive Zoning Ordinance (Appendix A of the Code of the City of Fort Worth); and WHEREAS, the City's Comprehensive zoning Ordinance is in the process of being reviewed for amendments in order to improve the quality of land use control in the City of Fort Worth; and WHEREAS, Section 9 of the Comprehensive Zoning Ordinance cur- rently permits the location of pawn shops in "E" Commercial zoning districts of the City of Fort Worth; and WHEREAS, the location of pawn shops in "E" Commercial and other Zoning Districts may be incompatible with adjacent residentially zoned properties and therefore could adversely affect the health, safety, and welfare of the citizens of Fort Worth; and WHEREAS, the City Council desires that the City Zoning Commission conduct public hearings and report to the City Council as expeditiously as possible its recommendatations relating to proposed amendments to the Comprehensive Zoning Ordinance restricting the location of pawn shops within the City of Fort Worth; and WHEREAS, pursuant to the valid exercise of Police Powers granted under Article 1175, Vernon's Revised Civil Statutes, the City Council deems it imperative to adopt an ordinance prohibiting the establishment of pawn shops, the issuance of certificates of occupancy or the issuance of building permits for the construction, repair or renovation of structures to be used as pawn shops, within the City of Fort Worth pending the expeditious consideration by the Zoning Commission and the City Council of the question of amending the Comprehensive Zoning Ordinance to restrict the location of pawn shops within the City of Fort Worth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- e SECTION 1 . That the Zoning Commission of the City of Fort Worth is hereby directed to conduct public hearings and to report to the City Council as expeditiously as possible its recommendations relating to proposed amendments to the Comprehensive Zoning Ordinance (Appen- dix A of the Code of the City of Fort Worth) restricting the loca- tion of pawn shops within the City of Fort Worth and in particular prohibiting the location of pawn shops within the "E" Commercial Zoning Districts of the City of Fort Worth. SECTION 2 . That pursuant to the valid exercise of police power granted the City under Article 1175, Vernon's Revised Civil Statutes, the estab- lishment of pawn shops, the issuance of certificates of occupancy and the issuance of building permits for the construction, repair, or renovation of structures to be used as pawn shops, within the City of Fort Worth shall be prohibited pending the expeditious consideration by the Zoning Commission and the City Council of the question of amending the Comprehensive Zoning Ordinance to restrict the location of pawn shops within the City of Fort Worth and in particular within the "E" Commercial Zoning District. The purpose of this prohibition is to maintain the status quo within the City until such time as the question of restricting the location of pawn shops can be considered by the Zoning Commission and the City Council. -3- SECT ION 3. That all the declarations and findings contained in the pre- amble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 4. That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same. SECT ION 5 . That this ordinance shall be cumulative of the provisions of ordinances and of the Code of the City of Fort Worth, Texas except what provisions of this ordinance are in direct conflict of such ordinances in such Code, in which event the conflicting provisions of such ordinances and such Code are hereby suspended for the period during which this ordinance is in effect. SECTION 6. 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 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. -4- SECTION 7 . That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. A PROVED AS TO FOR D LEGALITY: 1./~-~./ City Attorney Date : ~ ~ ~ ~ ~ ~ ADOPTED: ~1 ~ EFFECTIVE: ~ __ -5- :~'~`~ ~ ~ ~ ~~ ~~ ~~ ~~1~_~•r~, ..,. OLICY PROPOSAL DATE FILE NUMBER SUBJECT Consideration of Morator•i um On PAGE 1 OF 1 9/30/86 C P 125 Issuing Building permits for Pawn Shps in PROPOSAL RO CITY MAN GER'S REVIEW BACKGROUND Over the past few years, there has been increasing concerr~ about preserving r the City's neighborhoods. "E" Commercial is the zoning district considered to be "neighborhood commercial". As such, it should only permit land uses which are supportive of the redevelopment and renewal of residential areas. ~ However, within that zoning district are permitted land uses which do not appear to be compatible with adjacent residential districts. One such use which has been causing increasing concern is pawn shops. PROPOSAL It is proposed that the City Council direct the City Manager to conduct a study regarding land use compatibility of pawn shops and recommend the appropriate zoning district for such a land use. Also, the Zoning Commission should be requested to conduct public hearings and report to City Council as expeditiously as possible its recommendations regarding desirable amendments to the Comprehensive Zoning Ordinance. To assure immediate protection of neighborhoods from incompatible land uses, the City should prohibit, by ordinance, the issuance of building permits for pawn shops "' - ~~, pending the expeditious consideration by the Zoning Commission and City Council of this issue. , LEGALITY The Department of Law is researching the legality of this proposal and will be prepared to address the City Council on this matter. FISCAL NOTE VT~one. CITY MANAGER'S COMMENT ` The City Manager concurs with many of the concerns expressed by-~ izens and believes the pawn shop issue warrants review. Q~lt>G`'.~~~/ ounce man .sti Vance, District LEGALITY FISCAL NOTE j~ CITY ]YIANAGEi~'S COMM:NTS ~.... ., Y~l „~--,- 4 '"~` ~~ a~ ~.._ ~..__ _ ~, ~U U U ®~~t~11U V~ LIIJIJ~o U 15~A~U~J APPROVED BY ~! Y SOU IL G~ to ~~ F APP '~~ 1986 ~~.~ ~;i y Seoretosy of the ~~i y' of wort Worth, Texas ~'~`r~~Ordlnance No. '~~~,.