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HomeMy WebLinkAboutOrdinance 15897ORDINANCE NO ~ ~ ~ I I AN ORDINANCE PROVIDING FOR A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR SPECIALIZED CERTIFICATES OF OCCUPANCY AND OTHER PERMITS FOR SEXUALLY ORIENTED BUSINESSES PROVIDING EXEMPTIONS PROVIDING AN APPEAL PROCESS PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS studies have shown that sexually oriented businesses have a deleterious effect on existing businesses and residential areas in proximity to them, causing downgrading of property values, increase in came adverse impacts on tourism and economic development, increase in sexually transmitted diseases and other adverse secondary effects WHEREAS in order to address the adverse secondary effects of sexually oriented businesses it is necessary that the City Council study the nature of those effects and the methods of regulation that will best control those effects without infringing on the constitutional rights of owners and operators of sexually oriented businesses, possibly including without limitation amendments to zoning regmrements distance restrictions operational requirements and licensing requirements WHEREAS prior to the adoption of amendments to the City s sexually oriented business regulations, if any it is possible that applications for specialized certificates of occupancy and other permits relating to new or existing sexually oriented businesses may be filed, thereby compromising the City s efforts to address the secondary effects of such businesses WHEREAS, a temporary short-term moratorium on acceptance of applications for specialized cernficates of occupancy and other permits relating to new or existing sexually oriented businesses should provide the City Council with adequate time m which to consider potential amendments to the City's current ordinances relating to sexually oriented businesses WHEREAS rt is not the City s intent to suppress any speech activities protected by the First Amendment, but rather to address the secondary effects of sexually oriented businesses WHEREAS reasonable alternative avenues for sexually oriented communication are available during the term of this ordinance NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. Intent A. It is the intent of this ordinance to limit temporarily except as otherwise provided herein the acceptance of applications for sexually oriented businesses m anticipation of completion of an analysis of the adverse secondary effects of sexually oriented businesses and adoption and implementation of additional methods to address such effects The intent of this ordinance is to promote the orderly development of the City of Fort Worth and to protect the public health safety and welfare of the citizens of the City of Fort Worth It is not the intent of this ordinance to infringe on the constitutional rights of sexually oriented business owners and operators or to deny development rights protected by law B Further it is the intent of the City to analyze appropriate regulations to address the adverse secondary effects of sexually oriented businesses to adopt and implement methods to address such effects in an expeditious manner and to consider any appeals relating to acceptance of permit applications for sexually oriented businesses during the term of this ordinance 2 ~i SECTION 2. Definitions A. `Permit application means an application for a building permmt, sign permit, issuance or renewal of a specialized certificate of occupancy certificate of occupancy preliminary plat or any other form of permit, license approval certificate or authorization required by ordinance regulation or law for establishment of a new sexually oriented business expansion, repair or modification of an existing sexually oriented business modification of existing on premise signage or erection of new on premise signage operation of a sexually oriented business or otherwise relating to a sexually oriented business B `Sexually oriented business is defined as set out in Section 9 101 of the City s zoning ordinance, Ordinance No 13896 as amended. SECTION 3. Limitation on Acceptance of Applications A. Except as otherwise provided herein after the effective date of and extending for the duration of this ordinance no official, employee officer agent, department or commission of the City (collectively official ') shall accept for filing any permit application, as defined above B The Director of Development, building official or other official responsible for reviewing permit applications shall determine whether the application rs subject to the moratorium. If a permit application does not identify the nature of the development project with sufficient specificity for the official to determine whether the application ~s subject to the moratorium, the official may require additional information from the applicant as a condition of accepting the application. Acceptance of an application for the limited purpose of such review shall not constitute filing of the application In the event the official determines an application is subject to the moratorium, the official shall 3 take no further action on the application and shall return the application, together with any proffered application fee to the applicant with the notification that the application will not be accepted for filing or further processing for the duration of this ordinance and any extension thereof SECTION 4. Term of Ordinance Unless extended by the City Council, the term of this ordinance shall continue m effect until Tuesday June 1 2004 at 11 59 p.m. or until the City Council terminates the moratorium, whichever occurs first. SECTION 5. Appeals A. If the Development Director building official, or other official refuses to accept a permit application, the applicant may appeal the decision to the City Council The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within (10) days of the date of notification that the application will not be accepted for filing. The appeal shall set forth m substantial detail the basis, both factual and legal upon which the person asserts a right to relief from the moratorium. B The appeal shall. be considered by the City Council within twenty (20) days after the appeal is received in the Office of the City Attorney unless the applicant requests a later hearing. The City Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law 4 SECTION 6. Exemptions from Moratorium This ordinance does not apply to complete permit applications that have been filed with the City in accordance with all applicable laws before the enactment of this ordinance or to permits for emergency repairs as defined m the most recently adopted plumbing, mechanical and electrical codes or as determined by the Building Official to be necessary to correct an unsafe building condition Such applications shall be processed m accordance with applicable policies and procedures and shall not be affected by the enactment of this ordinance SECTION 7 Severability 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 final decree of a court of competent ~unsdiction, such voidness, ineffectiveness or unconstiturionalrty shall not affect any of the remammg phrases, clauses, sentences paragraphs and 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 8. Effective Date This ordnance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY Deputy City Attorney n~' ADOPTED and EFFECTIVE._~ Y~Q/`L~ ~ ~ o~~L~ 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved As Amended on 3/2/2004 Ordinance No 15897 DATE. Tuesday March 02 2004 LOG NAME 12MORTSOB REFERENCE NO G-14285 SUBJECT Adoption of Moratorium on Acceptance of Applications for Specialized Certificates of Occupancy and Other Permits for Sexually Oriented Businesses RECOMMENDATION It is recommended .that the City Council adopt the attached ordinance establishing a moratorium effective until June 1 2004 on the acceptance of applications for specialized certificates of occupancy and other permit applications for sexually oriented businesses DISCUSSION Studies have shown that sexually oriented businesses cause adverse secondary effects, including without limitation loss in property value increase in crime adverse impacts on tourism and economic development, and increase in sexually transmitted diseases The City's regulations relating to sexually oriented businesses have not been substantially amended since 1993 Since then there have been changes in legal standards relating to regulation of sexually oriented businesses. In addition land use and development patterns throughout the City have changed The attached ordinance would enact a moratorium on the acceptance of applications for specialized certificates of occupancy and other permits for sexually oriented businesses until June 1 2004 in order to allow the City Council the opportunity to study the adverse impacts of sexually oriented businesses and consider possible amendments to City ordinances to address such impacts The attached ordinance would exempt permit applications filed before enactment of the moratorium It would also provide a right to appeal to the City Council any refusal to accept a permit application relating to asexually oriented business FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Reid Rector (6140) Originating Department Head Bob Riley (8901) Additional Information Contact• Marcella Olson (7631) Logname• 12MORTSOB Page 1 of 1