HomeMy WebLinkAboutOrdinance 17782-09-2007ORDINANCE NO.17782-09-2007
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING
ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH
(1986), BY AMENDING SECTION 5.203 OF ARTICLE 2,
CHAPTER 5, "SEXUALLY ORIENTED BUSINESSES" TO
PROVIDE A TIME LIlVIIT FOR THE APPLICANT TO MEET ALL
THE CONDITIONS REQUIRED FOR THE SUBMISSION OF A
SPECIALIZED CERTIFICATE OF OCCUPANCY; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY' CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVH)ING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE
WI~REAS, the current regulations governing sexually oriented business were
revised in September of 2004 to add new requirements to protect and promote the health,
safety and general welfare of the citizens of the City and visitors and to provide
reasonable and uniform regulations to prevent the concentration of sexually oriented
businesses operating within the city limits; and
WHEREAS, the current regulations place a time limitation on an issued
Specialized Certificate of Occupancy but do not place a time limitation on the application
after it is filed with the Building Off cial; and
WHEREAS, without a time period to complete the application, the applicant has
an unlimited amount of time to complete the project in order to receive a Specialized
Certificate of Occupancy, regardless of a change in surrounding conditions; and
WHEREAS, it is advisable to amend the current ordinance to provide an
expiration date for the application and provide that any new application will be subject to
the current rules and regulations in affect at the time the new application is filed;
NOW, THEREFORE, BE IT ORDAINED BY THE CIT~I COiTNCII. OF
THE CITY OF FORT WORTH, TEXAS, AS FOI~I.OWS:
SECTION 1.
Subsection B. of Section 5.203, "Specialized Certificate of Occupancy" of Article
2, "Sexually Oriented Businesses" of Chapter 5, "Supplemental Use Standards", of
Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to add
anew paragraph 2 to add a time limitation on the application for a Specialized Certificate
of Occupancy and to renumber the paragraphs in Section 5.203 as needed to read as
follows:
5.203 Specialized Certificate of Occupancy
B. Application for Specialized Certificate of Occupancy.
2. An application for a Specialized Certificate of Occupancy
shall be valid for a period of two (2) years and shall expire on the
second anniversary of its date of filing with the City if the sexually
oriented business is not open for business under a valid Specialized
Certificate of Occupancy. A subsequent application shall be
subject to all the current ordinance requirements, including, but not
limited to, distance and zoning requirements, and any amendments
to the ordinance since the filing of the previous application.
All other provisions of Section 5.203 shall remain in full force and affect.
SECTION 2.
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 conflicting provisions of such ordinances and such Code are hereby
repealed.
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SECTI®N 3.
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 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.
SECTI®N 4.
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 exists shall constitute a separate offense.
SECTI®N 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
` any and all violations of the provisions of Ordinances No. 3011, 13896 and 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.
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SECTI®N 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTI®N 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED~A~S TO FORM AND LEGALITY:
B ~ ~~%~c ~~ ~-.
Assistant Ci Attorney
ADOPTED: ~J ~ ~~'~7
EFFECTIVE:
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