HomeMy WebLinkAboutOrdinance 10641ORDINANCE N0 . ! ~w ~~
AN ORDINANCE AMENDING ORDINANCE N0. 10247', ORDINANCE
N0. 10343, AND ORDINANCE N0. 10501 TO PROHIBIT THE
ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS FOR
VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY CER-
TAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH PROHIBI-
TION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON
DECEMBER 31, 1990, UNLESS SOONER REPEALED BY THE CITY
COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO
PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE
CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES
AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING
FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth regulates the location and
construction of carports and other buildings under its
Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended)
and other city ordinances and regulations; and
WHEREAS, there are several areas in the City of Fort Worth
where carports have been added to the front of residences with
attached garages; and
WHEREAS, some of such carports violate the front setback
requirements of the Comprehensive Zoning ordinance and special
building lines established on subdivision plats; and
WHEREAS, on January 31, 1989, the City Council adopted
Ordinance No. 10247 and on July 25, 1989, the City Council
adopted Ordinance No. 10343, and on January 30, 1990, the City
Council adopted Ordinance No. 10501, which ordinances provide
that a moratorium shall be imposed on the prosecution of cita-
tions issued before January 10, 1989, for violations of front
yard setbacks and special building lines by nonconforming
,`:~
,,
carports and that a moratorium shall be imposed on the issuance
of citations for violations of front yard setbacks by
nonconforming carports constructed before January 10, 1989; and
WHEREAS, it is necessary to extend such moratoriums until
midnight on December 31, 1990, so that the City Council may con-
sider possible revisions to the ordinances and regulations per-
taining to such carports;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That pursuant to the valid exercise of the police power
granted to the City, Ordinance No. 10247, Ordinance No. 10343,
and Ordinance No. 10501 are hereby amended and the following acts
are hereby prohibited in the City of Fort Worth during the period
from the effective date of this ordinance until midnight on
December 31, 1990, or until this ordinance is repealed, whichever
occurs first;
(a) the prosecution of citations issued or com-
plaints filed before January 10, 1989, for violations
of front yard setback and special building line
requirements by carports added to residences with
attached garages;
(b) the issuance of citations or the filing or
prosecution of complaints for violations of front yard
setback and building line requirements by carports
added to residences with attached garages where such
carports were constructed before January 10, 1989;
(c) the issuance of citations or the filing or
prosecution of complaints for other violations by car-
ports added to the front of residences with attached
garages where such carports were constructed before
January 10, 1989.
2
That the purpose of this prohibition is to maintain the status
quo concerning such nonconforming carports until proposed amend-
ments to front yard setback requirements for carports can be con-
sidered by the City Council.
SECTION 2.
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 3.
That this ordinance shall be in full force and effect until
such time as the City Council adopts an ordinance repealing same
or until midnight on December 31, 1990, whichever occurs first.
SECTION 4.
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, 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 provisions of such
ordinances and Code are hereby suspended for the period during
which this ordinance is in effect.
SECTION 5.
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 judg-
3
a
t .
s
s
ment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness or 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 herein of
any such void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 5.
That this ordinance shall be in full force and effect from
and after its passage, and it is so ordained.
SECTION 7.
That the City Secretary shall send copies of this ordinance
to the chief Judge of the Municipal Court, City Attorney and
Director of the Department of Development of the City of Fort
Worth.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date•
ADOPTED•
EFFECTIVE:
4