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HomeMy WebLinkAboutOrdinance 10247,.~.,_, .. ~ _ < a. ..-e ,. ORDINANCE NO. ~~p~y~ AN ORDINANCE PROHIBITING 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IN THE CITY OF FORT WORTH, WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON JULY 10, 1989, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE ZONING COMMISSION AND CITY COUNCIL OF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 Comprehen- s five Zoning Ord finance ( Ordinance No. 301 1 , 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 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 r esidences with attached garages and recommend amendments to permit such carports (hereinafter called "noncon- forming carports") to extend into front yards yet establish standards to protect the public health and general welfare, and encourage the appropriate use of land; and ~-~ tl ~` ' ,k WHEREAS, Council Policy Proposal 136 further provides that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989 for violations of front yard set- backs by nonconforming carports and on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, Council Policy Proposal 136 provides that such moratoriums shall be in effect for six months from January 10, 1989 unless sooner repealed by the City Council; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECT ION 1 .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, the following acts shall be prohibited in the City of Fort Worth during the period from the effective date of the ordinance until midnight on July 10, 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 prosecu- tion of complaints for violations of front yard setback requirements by carports added to residences with attached garages where such carports wer e constructed before January 10, 1989. (c) the issuance of citations or the filing or prosecu- tion of complaints for other violations by carports added to the front of residences with attached garages where such carports were constructed before January 10, 1989. -2- .. ~y 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 Zoning Commission and 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 July 10, 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 For t Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the pr ovisions 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, -3- r SECT ION 6 . That this ordinance shall be in full force and effect from - ~..~~ .~ ~. ~~. t ,, 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 en- acted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sen- tence, paragraph or section. and after its passage, and it is so ordained. SECT ION 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 : f -a 3 -~ °[ ADOPTED: ~ - 31-gq EFFECTIVE : J ' 3I '~~ -4- ACGUl1NPING 2 ~i~a~ ®~' 1F®D°~ ~®~°~~., ~C~•~~5 TRANa-UR1'ATIUN~PUOLIC.~{llOf{/~~~r/~/%///Q®U ~.W~ "l1 ~®LL/W~~l/~lV ~./®~~~LL/W~~~l/~I.WIV~®~ aaY~R AUMIhI?LRA TI6N A/l ~\UI/~JJ e!' LL~•lJL/~ c hEv~~(1pMeN POLICE AOM u,~v.s '~ DATE REFERENCE SUBJECT ADOPTION OF ORDINANCE IMPOSING PAGE NtST.ATIOh.t -31-89 NUMBER G-7908 MORATORIUM ON' ISSUANCE AND PROSE- , of 1 .__ CUTION OF CITATI SETBACK VIOLATIONS BY CERTAIN _ CARPORTS RECOMMENDATION• It is recommended that the City Council adopt the attached ordinance which imposes ~ moratorium on the issuance and prosecution of citations for viola- tions of front yard setbacks by certain carports, which moratorium shall re- main in effect until midnight on July 10, 1989, unless sooner repealed by the City Council BACKGROUND On January 10, 1989, the City Council approved Council Policy Proposal 136 which took the following action 1 Requested the Zoning Commission to (a) m ake a study of front yard setback requirements for carports added to residences with attached garages, (b) recommend amendments to setback requirements so as to permit such carports (hereinafter called "nonconforming carports"} to extend into the front yard yet establish standards to protect the health and general welfare, and encourage the appropriate use of land. 2 Directed the City Attorney to prepare an ordinance to (a) impose a moratorium on the prosecution of citations issued before January 10, 1989, for violations of front yard setback requirements by nonconforming carports, and (b) impose a moratorium on the issuance of citations for nonconforming carports constructed before January 10, 1989. C.P. 136 stated that such moratoriums should be in effect for six months un- less sooner repealed by the City Council. The City Attorney has prepared the attached ordinance to comply wi~-°~~~~e~Y quirements of C.P 136 CI~ C~~NC~I mmc uHN ;~i lyoy SUBMITTED FOR IMt CITY MANAGER'S OFFICE BY David Ivory DISPOSITION BY COUNCIL. [] APPROVED • ~~'•' $eQZetazT of :be ORIGINATING C OTHER (DESCRIBE) Ci of FoY. Woz,h, Texa DEPARTMENT HEAD Wade Adki nS CITY SECRETARY FOR ADDITION IN~G>,QMATION ( i n$ 7606 Ado. ted Ordinance Na, l~a~a7 ~ DATE CONTACT .~,.,.,.