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Home My WebLink AboutOrdinance 10750~''r J . i y` ;r .~ ORDINANCE N0. O / AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW PARAGRAPH L TO SECTION 17, LEGAL NONCONFORMING USES, BUILDINGS AND STRUCTURES, TO ESTABLISH CRITERIA FOR GRANTING LEGAL NONCONFORMING STATUS TO CERTAIN CARPORTS WHICH WERE ADDED TO THE FRONT OF SINGLE-FAMILY RESIDENCES BEFORE DECEMBER 11, 1990, BUT DO NOT CONFORM WITH FRONT YARD SET-BACKS AND FRONT YARD BUILDING LINES; PROVIDING CERTAIN TRANSITIONAL AND ENFORCEMENT PROVISIONS: REPEALING ORDINANCES NO. 10247, N0. 10343, N0. 10501 AND N0. 10641; PROVIDING THAT THIS ORDINANCE IS CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLI- CATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 3011, as amended, is hereby amended by adding a new Paragraph L to Section 17, Legal Nonconforming Uses, Buildings and Structures, which paragraph shall read as follows: L Notwithstanding any provisions in this ordi- nance to the contrary, any carport which was added to the front of a single-family residence before December 11, 1990, and which does not conform with the regulations contained in this ordinance as to front yard set-backs and front yard building lines if one is shown on the plat, shall be deemed legal nonconforming and may continue to exist if the following conditions are met: 1. Before January 1, 1993, the owner of the residence shall file with the Building Official an application for a carport permit accompanied by the requisite fee. 2. The Building Official shall investigate each application and if the application meets the requirements of this paragraph, shall issue a permit for the carport 3. To be entitled to a permit and legal non- conforming status under this paragraph, a carport must comply with the following condi- tions: (a) the design of the carport shall be archi- tecturally compatible with the primary structure on the lot and in keeping with the character of the surrounding develop- ment; (b) the carport shall be open on the sides; (c) the carport shall not encroach into the public right-of-way; (d) the carport shall be used solely for the temporary parking of not more than two (2) vehicles and not for any other pur- pose, including storage of any type; vehicles shall be limited to auto- mobiles, pick-up trucks and passenger vans, and shall not include trailers, boats., recreational vehicles and trailer homes; (e) the surface under the carport shall be paved and the driveway leading to the street pavement shall comply with Section 22-160 of the Fort Worth City Code; (f) the height of the carport shall not be higher than the lowest eave line of the residence; {g) the carport shall comply with the build- ing code; and (h) the carport shall be subject to the pro- visions of Section 17, Paragraph F, which prohibit the restoration of buildings or parts thereof which are destroyed to the extent of more than seventy-five percent of their reasonable value by fire, explosion or other casualty, or act of God, or the public enemy. 4. The Zoning Board of Adjustment shall not have jurisdiction to grant any variance or exception from the requirements of this para- graph. 2 5. No non-conforming carport which was added to the front of a single-family residence before December 11, 1990, shall be deemed legal non-conforming under this paragraph unless the owner has obtained a permit as provided in this section. SECTION 2. The following transitional and enforcement provisions shall be applicable to Section 1 hereof: 1. From the effective date of this ordinance until mid- night on December 31, 1992, City officers and employees are prohibited from taking the following actions with respect to any carport which is eligible for a permit under Section 1: (a) Prosecuting citations issued or complaints filed before December 11, 1990, for violation by the carport of front yard setback or special building line requirements; (b) Issuing citations, filing complaints or prose- cuting violations of front yard setback or special building line requirements, or other Code require- ments concerning the installation or location of the carport. This subsection is intended to provide owners of eligible carports with time to apply for permits under Section 1. 2. With respect to a carport which is not eligible for a permit under Section 1 the Building Official is authorized to mail or deliver a written notice of viola- tion to the property owner at any time after the effec- tive date of this ordinance. Such notice shall state the location of the carport and the nature of the viola- tion, and shall advise the property owner that within forty-five days the owner must either remove the car- port or bring it into compliance with the front yard setback requirements of the Zoning Ordinance and any special building lines. If the property owner fails to remove the carport or bring it into compliance within forty-five days, City officers and employees are autho- rized to issue citations, file complaints and prosecute such violations and to take other legal action to require the modification-or removal of the carport 3 SECTION 3 r~ Ordinance No. 10247, Ordinance No 10343, Ordinance No 10501, and Ordinance No 10641, which established various moratoriums so that City Council could consider certain Zoning Ordinance amendments, are hereby expressly repealed. SECTION 4. This ordinance shall be cumulative of all provisions of ordi- nances 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 conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the 4 R enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 8. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 6 and 10 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 6 and 10 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. 5 SECTION lOT This ordinance shall be in full force and effect from and after its passage and publication as required by Iaw, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ,~~/ City Attorney /l Date:_~~`~ 9y ADOPTED: 1/"~d EFFECTIVE• 6