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Home My WebLink AboutOrdinance 11312r'~ 'W= f. ORDINANCE N0. ~~ AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM AND STAY ON THE ISSUANCE OF NEW BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR STRUCTURES TO BE OCCUPIED BY SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT SUCH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON NOVEMBER 9, 1993, UNLESS SOONER REPEALED BY THE CITY COUNCIL; PRO- VIDING THAT THE PURPOSE OF SUCH MORATORIUM IS TO PRESERVE THE STATUS QUO PENDING A STUDY BY A SPECIAL _ COMMITTEE OF THE ORDINANCES WHICH REGULATE SEXUALLY ORIENTED BUSINESSES AND CONSIDERATION BY THE ZONING COMMISSION AND CITY COUNCIL OF POSSIBLE REVISIONS TO SUCH ORDINANCES; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 211 of the Local Government Code authorizes home rule cities to divide the City into districts and regulate the use of property within such districts for the purpose of promoting public health, safety, morals, and for the protection of the general welfare of the community; and WHEREAS, the City of Fort Worth regulates the use of land and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) as well as other City ordinances and regulations; and WHEREAS, Section 54.004 of the Local Government Code autho- rizes home rule cities to enforce all ordinances necessary to protect health, life and property, and to preserve the good government, order and security of such cities and their inhabi- tants; and WHEREAS, the City Council of the City of Fort Worth has adopted Ordinances, including Sections 18A and 18B of the Comprehensive Zoning Ordinance, to provide. reasonable regulations for new and existing sexually oriented businesses any t~ nr~,°Ct ~~'~ICfAt REC~~tQ CITY SECRETARY fT. WORTN, TEX. e the safety, life, property and overall quality of life for the citizens of and visitors to the City; and WHEREAS, there are various sexually oriented businesses in the City that require regulation by the City in order to protect and preserve the health, safety and welfare of the patrons of such businesses as well as the citizens of and visitors to the City; and WHEREAS, many of the businesses and citizens neighboring such sexually oriented businesses, as well as City representatives, have been engaged in ongoing, good faith and cooperative efforts to resolve various issues concerning the implementation and enforcement of said regulations; and WHEREAS, the City Council has appointed a special committee to study the ordinances which regulate sexually oriented busi- nesses; and WHEREAS, such committee will recommend proposed amendments to the ordinances regulating sexually oriented businesses to better protect the public health, safety and welfare and to encourage the appropriate use of land; and WHEREAS, the City Council has determined that additional time is necessary for the Zoning Commission and City Council to receive and consider the committee's recommendations,,and for the City Council to adopt proposed amendments to the ordinances regulating sexually oriented businesses; and WHEREAS, the City Council has determined that it is necessary and appropriate to impose a temporary moratorium on the issuance O~r~'~~~ RECORO -2- C1TY SECRETARY ET. WORTN, T~(. of new building permits and certificates of occupancy for struc- tures to be occupied by sexually oriented businesses so that such ordinance revisions may be considered; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That, pursuant to the valid exercise of the police power granted to the City of Fort Worth, the issuance of all new building permits and certificates of occupancy for structures to be occupied by sexually oriented businesses, as defined in either Section 18A or 18B of the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby stayed, suspended and held in abeyance from the effective date of this ordinance until midnight on November 9, 1993, or until the City Council duly repeals this ordinance, whichever occurs first. SECTION 2. That the moratorium imposed under Section 2 shall not apply to: (a) a sexually oriented business which is legally operating under a certificate of occupancy issued for its place of business before May 11, 1993; or (b) a sexually oriented business which was issued a building permit before May 11, 1993 to construct or remodel a structure as its place of business, but which has not yet been issued a certificate of occupancy for such structure. SECTION 3. That except for the stay, suspension and holding in abeyance of new building permits and certificates of occupancv for struc- -3- UFFICIAL RECORD CITY SECRETARY' FT. WORTN, TIX. tures to be occupied by sexually oriented businesses, as herein provided, all other provisions of Sections 18A and 18B of the Comprehensive Zoning Ordinance shall remain in full force and effect as to sexually oriented businesses and shall be subject to enforcement by appropriate City personnel. SECTION 3. That the purpose of this moratorium is to maintain the status quo with regard to all existing and proposed sexually oriented businesses until proposed amendments concerning ordinances regu- lating sexually oriented businesses can be studied by the special committee and duly considered by the Zoning Commission and City Council. SECTION 4. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 5. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, including Ordinance 3011, Comprehensive Zoning Ordinance, 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 such conflicting provi- sions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. Or~ICIAI. RI:CCRO -4- CITY SI:CRI"TARY ET. WORTH, TEX. 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 final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, para- graphs 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 7. That this ordinance shall be in full force and effect immedi- ately from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : 1J ' ~ ~ 1 3 ADOPTED: ~/> / /~~ EFFECTIVE : ~~/ / / ~~_ -5- ~ OFF1ClAL RECORD CITl~ SECRfT~RY FT. WORTH, TES. M1 1 _.~.. ~.~~~~ C TEXAS Date File Number ~~p{~o o i i ca i on o r i nances oncern i ng exua y r~ en e 5-11-93 C.P. lgp ~~ses/Ado~tion of Moratorium on Bui~ding,Permits and Certi ~cates o Occupancy or New Sexua v Oriented Businesses Proposed by Mai or Granger City Manager's Review and Counci man Puente Page 1 of 2 It is proposed that the City Council take the following action: 1. Appoint a committee composed of the Director of the City Services Department, the Director of the Department of Development, the Director of the Department of Planning and Growth Management, the Building Official, and the Chiefs o£ the Police and Fire Departments, or their designees, and- citizens to be appointed by the City Council, to: (a) make a study of the existing City ordinances which regulate sexually oriented businesses; and (b) recommend to the Zoning Commission and City Council amendments to such ordinances to permit sexually oriented businesses to operate yet better protect the public health, safety and welfare and encourage the appropriate use of land. 2. Adopt the attached ordinance imposing a moratorium on the issuance of new building permits or certificates of occupancy for structures to be used for sexually oriented businesses, such moratorium to remain in effect until midnight on November 9, 1993, unless sooner repealed by the City Council. Background The Mayor's Office has recently received complaints from several citizens concerning the establishment of new sexually oriented businesses in the City of Fort Worth. These businesses have a potential adverse effect on surrounding properties and on the health, safety and welfare of the community. It is proposed that the City Council appoint a special committee to study the City ordinances which regulate sexually oriented businesses and to recommend proposed amendments to such ordinances to better protect the public health, safety and welfare and to encourage the appropriate use of land. During the committee's study, it is proposed that a moratorium be imposed on the issuance of new building permits and certificates of occupancy for structures to be used for sexually oriented businesses. ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL O.EEICOAL RECORD CITY SECRETARY f T. WORTH. TEX. COUNCIL PROPOSAL TEXAS -- Date File Number ub'ect o i i cat ~ on o r i nances oncern i ng exua y ri en e 5-11-93 C.P. 180 ~us~n uses/Ado t'on of Mor torium on Bu 1din Permits and Certie#icates o~ accu anc fior Idew Sexual Ogriented Businesse Proposed by Mayor Granger City Manager's Review and Councilman Puente Page 2 of 2 Attached is a proposed moratorium ordinance. Adoption of the ordinance would maintain the status quo so that the study may take place and proposed ordinance amendments concerning sexually oriented businesses may be duly considered by the Zoning Commission and City Council. The proposed moratorium would remain in effect until midnight on November 9, 1993 or until repealed by the City Council, whichever occurs first. The proposed moratorium would not apply to: (a) a sexually oriented business which is legally operating under a certificate of occupancy issued before May 11, 1993; or (b) asexually oriented business which was issued a building permit before May 11, 1993, to construct or remodel a structure for use by such business but has not yet been issued a certificate of occupancy. Legality The City Attorney has reviewed the above proposal and there are no known legal impediments to its adoption. Fiscal Note The implementation of this proposal expenditure of any City funds. City Manager's Comments The City Manager has no objections May6r Fay Ganger (/ Carlos Puente, Councilman District 2 ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL APPRQI/ - ~° C~TI' ~~UNCiL i~ ~ Ml~~ T~~ ~ X003 1i:~'IEiv..Ell . City Sacretarp Citp of port Y~orth, 9eex~1ffi Ado ted Ordlnanca; ale. `~~~'~ p does not require the OffiCIAL RECORD CITY SECRf rARY Fr. woRr~i, rEX. to this proposal. COUNCIL PROPOSAL