HomeMy WebLinkAboutOrdinance 10343
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ORDINANCE N0. ~~
AN ORDINANCE AMENDING ORDINANCE NO. 10247 TO PROHIBIT
THE ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS
FOR VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY
CERTAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH
PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON
DECEMBER 31, 1989, UNLESS SOONER REPEALED BY THE CITY
COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRE-
SERVE 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 SEVER-
ABILITY 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 car ports 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 10, 1989, the City Council adopted
Council Policy Proposal 136 which requests that the Zoning
Commission make a study of front yard setback requirements for
carports added to residences with attached garages and recommend
amendments to permit such carports (hereinafter called "noncon-
forming car ports") to extend into front yards yet establish stan-
Bards to protect the public health and general welfare, and
encourage the appropriate use of land; and
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WHEREAS, on January 31, 1989, City Council adopted Ordinance
No. 10247 which provides that a moratorium shall be imposed on
the prosecution of citations issued before January 10, 1989 for
violations of front yard setbacks be 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, 1989 so that the City Council may con-
sider possible revisions to the ordinances and regulations per-
twining to such carports;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECT ION 1 .
That pursuant to the valid exercise of the police power
granted to the City, Ordinance No. 10247 is 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, 1989 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 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 requirements b; carports added to residences
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with attached garages where such carports were con-
structed 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.
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
considered by the City Council.
SECT ION 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.
SECT ION 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, 1989, whichever occurs first.
SECT ION 4.
That this ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, T exas
(1986), as amended, except where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances and
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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.
SECT ION 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-
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.
SECT ION 6.
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
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Director of the Department of Development of the City of Fort
Worth.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ ' 2
ADOPTED: G~s.S
EFFECTIVE: ~S`
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_ _,______ _ POLICY PROPOSAL
OATE i1LE NUMBER SUBJECT Modification of Regulations Con- -AGE_OF_
138 cerning Carports/Moratoriums on Prosecution
-R OSAL -ROPOSED BY Councilmembe CITY MANAGER'S R VIEW
_ Murrin ~j ~ ~~
It is proposed that City Council adopt the attached or finance amending Ordinance
No. 10247 so as'to:
(a) extend the present moratorium on the prosecution of citations issued before
January 10; 1989, for violations of front yard setback requirements by nonconform-
ing carpor"~s; and
(b) extend the present moratorium on the issuance of citations for nonconforming car-
ports constructed before January 10, 1989.
Such moratoriums shall be extended until midnight, December 31, 1989, unless sooner
repealed by the City Council.
Background
Several areas exist in Fort Worth where carports have been added to the front of
single family residences with attached garages. Many of these carports violate the
front yard setback requirements of the zoning ordinance and special building lines
established on subdivision plate. Examples of such carports are those at the resi-
dences at 5428, 5432 and 5433 Durham Avenue.
On January 10, 1989, the City Council approved Policy Proposal 136 which asked the
Zoning Commission to study the problem and, if appropriate, develop amendments to set-
back regulations to permit any such existing carports to continue and to hermit new
carports of this type to be built. On January 31, 1989, City Council adopted Ordinance
No. 10247, which imposed moratoriums to stay the prosecution of existing citations
against the owners of such carports and to require that no new citations be issued for
carports constructed before January 10, 1989.
A Zoning Commission subcommittee has studied the matter and by a letter dated
May 22, 1989, the Chairman of the Zoning Commission reported to the City Council.
The City Council has also a City Council Carport Committee which has had several
meetings concerning this matter. The committee needs additional time to complete its
work and to make recommendations to the Council.
Legality
The City Attorney has reviewed the above proposal and there are no known legal impedi-
ments.
LEGALITY
fISCAI NOTE j]
CITY MANAGER'S COMMENTS ~
:,. ~ -~~ POLICY PROP05Al (cont'd) , PAGE~OFZ_
Fiscal Note
None.
City Manager's Comments ,
The City Manager has no objections to this Proposal.
Steve Murrin, Councilman
District 7
APPRpVED BY
CITY CQUNClL
JUL 25 1989
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