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Home My WebLink AboutOrdinance 11448 ORDINANCE NO. "T ~L~ 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BUSINESSES; PROVIDING THAT SUCH MORATORIUM SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON JANUARY 11, 1994, UNLESS SOONER REPEALED BY THE CITY COUNCIL; PRO- VIDING THAT THE PURPOSE OF SUCH MORATORIUM IS TO PRESERVE THE STATUS QUO PENDING A STUDY BY A SPECIAL COMMITTEE OF THE ORDINANCES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-°4 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 and to protect 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 -2- 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 January 11, 1994, 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 occupancy for struc- -3- 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. -4- 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 : r I -~ ~i - ~ 3 ADOPTED : // ~ ~ ~ `~ EFFECTIVE• -5- ~avt aalsdia RR03PQ€:TATI.~nf?U(3LIC V10RSt~s.® ~~ °' ®~ ~O~ ~U~h~ ~~~~ NAfL-R hUAgtfJiS~~,®~ ~n,~ ~~~,~1 ~mmunica~i~o~n EPJGI~iEERIPlG `~,i DATE REFERENCE NUbIDER LOG NAME PAGE tEYELUF tier.-~ 11 /09/93 G10423 120RD 1 of 2 SIISJECT ADOPTION OF ORDINANCE EXTENDING A MORATORIUM ON THE ISSUANCE OF NEW BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY FOR STRUCTURES TO BE USED FOR SEXUALLY ORIENTED BUSINESSES RECOMMENDATION. It is recommended that the City Council take the following action, adopt an Ordinance extending a previously adopted moratorium on the issuance of new building permits or certificates of occupancy for structures to be used for sexually oriented businesses, for two months until midnight January 11, 1994, unless sooner repealed by the City Council DISCUSSION On May 11, 1993, the City Council appointed a committee 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 At that time the City Council also adopted an ordenance 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 The recommended amendments to the City ordinances which regulate sexually oriented businesses have already been presented to the Zoning Commission and are now being prepared in a final draft with certain revisions These will be presented to the City Council within the next two weeks It is estimated that a two month extension on the moratorium will be necessary to allow for proper public notice and hearings on these amendments to City ordinances Thus, the moratorium should be extended for two months +~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council C'crrrtmuy~ication DATE 11 /09!93 RSFSRSNCS NUIdBER G10423 LO(l: NAMS 120RD PA(iS 2 of 2 svsJECT ADOPTION OF ORDINANCE EXTENDING A MORATORIUM ON THE ISSUANCE OF NEW BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY FOR STRUCTURES TO BE USED FOR SEXUALLY ORIENTED BUSINESSES FISCAL INFORMATION/CERTIFICATION. The Director of Fiscal Services certifies the approval and implementation of this M&C will not require the City to spend any funds CB m e Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (~) ~~PR~VED Charles R. Boswell 8500 G ~ ~ ~ ~ ~+ ~ ~ ~ ~~ Originating Depsrlmeot Head: Wade Adkins 7623 (>~m) ~ For Additioml Information GG~s-~J ~"=-~ Contact: Gitf Ss~-¢;ary of t2t® City of F®re ~7u€tle 'Y'saa~ Wade Adkins 7623 ,. ~~ , y r `«~ Printed on recycled paper