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Ordinance 10335
i r r r ~ ' 4. r . ORDINANCE PZO, /©~~ AN ORDINANCE AMENDING ORDINANCE Pb0. ~O1 1 ® AS A~4~1DED, OF THE COMPREHENSIVE ZO"~ING ORDINANCE OF THE CITY OF FORT 6eTORTH, TEXAS, CODIFIED AS APPENDIX aA~ OF THE CODE OF THE CITY OF FORT tdORTH, TEXAS ( 19Q~) ® AS 14P~ENDED SY PROVIDING FOR THE LOCATION OP° GROUP ~dO~ES I AND II AND HALFWAY HOUSESg PROVIDING FOR DEFIF~ITIOIo1So IPROVIDIfdG THAT THIS SHALL BE CUMULATIVE OF ALL ORDIADANCES; PROVID- ING A SEVERABILITY CLAUSEe PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS C~AUSE® PROVIDING FOR PUBLICATION IN PAMPHLET FORr9; PROVIDING .FOR ENGROSSMENT AND ENROLL- MENT; PROVIDING FOR PUBLICATION OF THIS ORDINA~3CE IN THE OFFICIAL NEWSPAPERP AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAIYdED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: ' SECTION I. That Section 1, Definitions, of the Comprehensive Zoning Ordinance (Appendix SAW of the Code of the City of Fort Worth) is hereby amended by adding or revising the following definitions, which sha11 read as follows: GROUP HOME I: A family based facility which contains not more than fifteen (15) residents and three ('~3)~M. supervisory personnel and which provides 24-hour care in a protected living arrangement for the mentally and/or physically impaired or developmentally disabled. This classification includes congregate living facil- ities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, and residential servsices licensed by the Texas Commission on Alcohol and .Drug Abuse, but not primarily for criminal rehabilitation. GROUP HOME II: Same definition as Group Rome I except t at t ere is 'no limit on nu~aber of residents. i HALFWAY HOUSE: A facility providing for the supervi- ' span counse ding, training and/or treatment of resi- dents so as to facilitate their transition from an institutional environment to independent 1 iving . This ,' classification includes chemical dependency rehabilita- tion centers and facilities for persons an probation, ~- °g`k'-- ~~ ~. ' .,.-.. '"" parole, or early release from correctional institu- t1®nS. SECT ION I I . That Section 5, wC-Ra [~ulti-Family District, of Ordinance No. 3011, the Comprehensive Zoning Ordinance, Appendix "A" of the Code of the City of Fort ~dorth ( 1986), is hereby amended by adding to Subsection A, "Use Regulations" the following use: 2A Grou Homes I if located more than one-half mile from any of er group home or half~-ay house. SECT IOtd Y I I . That Section 6, "C" Multi-Family District, of Ordinance No. 3011, as amended, is hereby amended by adding to Subsec- tion A, "Use Regulations", the-°following use: 3A Group H~om~es II if located more than one-half mile from any-- oEher group home or halfs~ay house. SF~CT ION IV. That Section 9A, "F-RW Restricted Commercial District of Ordinance No. 3011, as amended, is hereby amended by adding to Subsection A, "Use Regulations", the following use: 30. Halfwa~ Houses if located more than S00 feet from "A",~", ARC-1~', or "R-2" Residential Zones. SECT ION V. That Section 20, 1Board of Adjustment of the Comprehensive Zoning Ordinance (Appendi:e A) , of the Code of the City of Fort 6dorth ( 196) , as a~aended, f.s hereby a~aended kay adding the folloar- ing to the list of special exceptions, itemia:ed in Paragraph C, "Authorized Special Exertions": _2® •0 42. Grouses I and II, by special exception in WCFW, save and except~roup omen for chemically dependent treatment progra~as . 43. Halfway Houses, by special exception in WCR", WC" and ®~. ~FCT ION VI . 'phis ordinance shall be cumulative of all provisions of ordi~ nances and of the Code of the City of Fort north, Texas (196), 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. SECT I~ VII . 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. a'778i 6.1 1®~ M III s Any person, firm or eorporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the \ ..~® !'~'~ .:- enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,OOO.OOj for each offense" Each day that a violation is permitted to exist shall constitute a separate offense. SIa \. JL IQC'~ I~{ s All rights and remedies of the City of. Fort forth, ~'exas, are ea~pressly saved as to any and all violations of the provi- sions of Ordinance i~o. 3011 or any other ordinances affecting zoning which have accrued at the time of the effective slate of this ordinance; and, as to such accrued violations and all pend- ing litigation, both civil and criminal, whether pending in court or not, under such ordinances,, same shall not be affected by this ordinance but may be prosecuted until final disposition by the sour t.~'! e SECT ION X. The City Secretary of the City of Fort ~lorth® Tescas® is here- by 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 ad®issible in evidence in all courts without further proof than the produetion thereof, as provided in Chapter S'-SCV, Section 3, of the Chart~rr ®f the City of Fort B9orth, Teas. SECP ION SCI e The City Secretary of the City ®g Fort ~o~rth is hereby directed to engross and enroll this ordinance by copying the cap- -4- 1 ,. r P , !"'. ~ ~'t r ~• ~ ,. tion and Sections I, II, III, IV, V, VIII and XIII in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTIOAI XII. The City Secretary of the City of Fort Worth, Texas, is here° by directed to publish the caption and Sections I, II, III, IV, V, VIII and XIII of this ordinance for te~o (2) days in the offi° cial ne~rspaper of the City of Fort Worth, Texas, as authorized by Section 52x013, Texas Local Government Code. SECT IQId XI I T This ordinance shall be in fu~.1 force aced effect groom sand after i¢s passage and publicat'xon`as required by 1a~, and it is so ordainedo APPROVED P,S TO FORA! ~A1D LEGALITY o City Attorney Date: li ADOPTED. II oc.- ~~~ (EFFECT IVE o ®5°