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HomeMy WebLinkAboutOrdinance 16244~~ ORDINANCE NO. I -- 4 F I V AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 16118 TO ALLOW TRANSFER OF OWNERSHIP OF EXISTING SEXUALLY ORIENTED BUSINESSES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE WHEREAS, on September 14 2004 the City Council approved Ordinance Number 16118 adopting new regulations for sexually oriented businesses, WHEREAS, prior to the adoption of the ordinance and at the City Council s request, the owners, operators and attorneys of the sexually oriented businesses and concerned citizens created a task force to discuss issues related to amending the current regulations for sexually oriented business; WHEREAS prior to the adoption of Ordinance Number 16118 by the City Council, proposed new regulations as agreed to by the task force were presented to the City Council for consideration, WHEREAS, the task force agreed that the transfer of ownership of an existing sexually oriented business should be allowed provided that the business was not expanded or enlarged, WHEREAS, Section 7 107D of the Zoning Ordinance, `Specific Nonconforming Uses" was not corrected to deleted the language that prohibits the sale or transfer of certain sexually oriented business, WHEREAS, it is advisable to amend Section 4 of Ordinance No. 16118 to reflect the findings presented to the City Council and the intent of Ordinance Number 16118 to prohibit the nonconforming businesses fisted m 7 107D.2. from increasing, enlarging, expanding, extending. or altering of any portion of the business or property i WHEREAS, correcting Ordinance Number 16118 will provide consistency between the regulations for sexually oriented businesses and Chapter 7 of the Zoning Ordinance related to nonconforming regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1 That Section 4 of Ordinance No 16118, an amendment to Ordinance 13896, is amended to delete language from 7 lO1.D.3 to correct the decision for Case No. ZC-04-194 to reflect that the City Council approved the transfer of ownership of sexually oriented businesses, including the nonconforming businesses listed m 7 107.D.2, provided the business is not increased, enlarged, expanded, extended or altered, to read as follows. D Nonconforrning adult entertainment cabarets 3 Hereafter the operators as of December 21 1993 of each of those locations listed m Paragraph 2 above may continue to operate as an adult entertainment cabaret at their present location so long as the current or future operator remains m on-going compliance with this Zoning Ordinance and other City ordinance applicable to sexually oriented businesses. Any subsequent increase, enlargement, expansion, extension or alteration of any portion of the business or property shall automatically terminate this one- time exemption. SECTION 2. That this ordinance corrects Ordinance No. 16118 with regard to Section 4 only SECTION 3. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety morals and general welfare of the community They have been designed to lessen congestion in the 2 streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air• to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water sewerage, parks and other public requirements. They have been made after full and complete public hearing with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of a building and encouraging the most appropriate use of land throughout the community SECTION 4. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except m those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance. SECTION 5. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No 13896 or of any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 judgment or decree of any court of competent jurisdiction, such 3 voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or 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 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 ($2000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 9 That this ordinance shall take effect upon adoption and publication as required by law APP OVED AS TO FORM AND LEGALITY Assistant City Att rney Adopted. l~-~ ~ C~~ Effective•_~,_, ~ ~ -T-- i 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACT{ON Approved on 12/21/2004 Ordinance No 16244 DATE Tuesday December 21 2004 LOG NAME 12SOBCORRECTORD REFERENCE NO *G-14623 SUBJECT Adoption of Correction Ordinance Amending Section 4 of Ordinance Number 16118 to Delete the Reference to the Sale or Transfer of Non-Conforming Adult Entertainment Cabarets RECOMMENDATION It is recommended that the City Council adopt the attached correction ordinance deleting the reference to the sale or transfer of non-conforming adult entertainment cabarets DISCUSSION On September 14 2004 the City Council approved Ordinance Number 16118 adopting new regulations for sexually oriented businesses. Prior to the adoption of the ordinance and at the City Council's request, the owners operators and attorneys of the sexually oriented businesses and concerned citizens created a task force to discuss issues related to amending the current regulations for sexually oriented businesses. As part of the negotiations between the sexually oriented businesses and the citizens, the task force agreed that the transfer of ownership of an existing sexually oriented business should be allowed provided that the business was not expanded or enlarged This provision was included in Article 2 of the Zoning Ordinance which references sexually oriented business. By error Ordinance Number 16118 did not amend Section 7 107 D 3 of Chapter 7 referencing specific.: nonconforming uses to delete the language that prohibits the sale or transfer of certain sexually oriented business. In order to provide consistency between the newly adopted sexually oriented business regulations and Chapter 7 'Nonconformities it is necessary to amend Section 4 of Ordinance No 16118 in order to reflect the findings presented to the City Council and the intent of Ordinance Number 16118 to allow the transfer of ownership of existing sexually oriented business listed in 7 107 D.2 and add language prohibiting any increase enlargement, expansion extension or alteration of any portion of the business or property FISCAL INFORMATIONlCERTIFICATION. The Finance Director certifies that this action will have no material effect on city funds. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office by Dale Fisseler (Acting) (6266) Originating Department Head David Yett (7623) Additional Information Contact: Sarah Fullenwider (7619) T,~~name• 12R(~R(•:nRRF.f'TnRn n,no ~~