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HomeMy WebLinkAboutOrdinance 9717 • _, •- T ~ ~ ~l ,: 'j' r ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 301 1 , AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A°', OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY CREATING A NEW CATEGORY OF ZONING DISTRICTS TO BE KNOWN AS CONSERVATION DISTRICTS; PROVIDING STANDARDS AND PROCED- URES FOR THE ESTABLISHMENT OF CONSERVATION DISTRICTS IN THE CITY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. WHEREAS, state law provides for the establishment of regula- tions concerning the conservation of buildings and structures in designated places of architectural or cultural importance and sig- nificance; and WHEREAS, there are areas in the City where the application of conservation district zoning could assist in the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas; and WHEREAS, in determining whether or not to establish a specific conservation district, the City Council shall, in recognition of the potential for adverse impacts on residents and businesses in the district and in surrounding areas,. include in any ordinance estab- lishing such a district appropriate provisions designed to minimize such potential adverse impacts, including but not limited to special exceptions from strict compliance with ordinance requirements in hardship cases, or shall take other appropriate steps to minimize such potential adverse impacts; and , ~~ ~,. WHEREAS, it shall be the policy of the City Council not to create conservation districts unless potential adverse impacts can be effectively addressed and minimized; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECT ION 1 . That Ordinance No. 3011, as amended, is hereby amended by adding Section 2-I, "CD" Conservation District, which section shall read as follows: SECT ION 2-I . "CD" CONSERVATION DISTRICT . The "CD" Conservation District is an overlay zoning district intended to provide for the establishment of regulations concerning the conservation of buildings and structures and their settings in designated places of architectural or cultural importance and significance. It is recognized that there are areas in the City where the application of conservation district zoning could assist in the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas. Any zoning district may be followed by the suffix "CD", indicating that such zoning district is subject to the use and development regulations of both the designated district and the conservation district. A. Purpose Article 1011a, Tex. Rev. City of Fort Worth to construction, alteration, of buildings and other places and areas of architectural importance the City has areas of cultural character, the established to provide Civ. Stat., authorizes the regulate and restrict the reconstruction, or razing structures in "designated historic, cultural, or and significance." Whereas unique architectural and conservation district is a means of conserving an -2- ~,: area's distinctive atmosphere or character by protecting or enhancing its significant architectural or cultural attributes. B. Initiation 1. An application for "CD" zoning may be initiated by a person or group of persons who collectively own a. at least fifty-one percent (51~) of the total land area, excluding streets and alleys, or of the platted lots or tracts of land within the area of request; and b. at least sixty-six and two-thirds percent (66-2/3g) of all owner-occupied land area, lots or tracts in each block face. Signatures of the property owners verifying their approval of the application must be submitted at the time of application. 2. An agent of a group that satisfies the require- ments of Subsection B-1 may file an application for "CD" zoning with the Director of Development on a form furnished by the department. Each person in the group must sign the application. 3. An application for "CD" zoning must include the following: a. the application fee equal to that required for "HC" Historic and Cultural Subdistrict applications; b. a map including streets, alleys, lots and blocks at the scale of at least 1" = 200' indicating the area to be covered and 200' beyond. c. a list of all neighborhood associations and/or other organizations representing the interests of the property owners in the area of request. This list should include the name, address and telephone number of a contact person for each organization; d. a statement of justification. This should: (i) point out the factor which renders the area of request eligible for "CD" classification; and -3- i (~"' e (ii) explain in detail how and why such a classification would be in the best interests of the City as a whole. e. a description of the prevalent architec- tural and cultural attributes of the area; f. the area must include at least one block- f ace . C. D. 4. An application for "CD" zoning may also be initiated by the Historical and Cultural Advisory Board, the Zoning Commission or the City Council .without meeting all of the applica- tion requirements of Section B above. Conceptual Plan Formulation and Review The Planning Department shall work with the applicants and other interested parties to prepare a conceptual plan for the proposed district. The conceptual plan will at a mini- mum include a written and graphic description of the goals, objectives, policies and proposals for guiding the development of the area. "CD" Ordinance Preparation and Review 1. Only after the conceptual plan is formulated for the proposed district shall the City Attorney prepare an amending "CD" ordinance that incorpo- rates the conceptual plan for the area. The "CD" ordinance should contain the following regula- tions: types of building and structures, archi- tectural style and cultural attributes, lot size, floor area ratio, density, set backs, off-street parking and loading, environmental performance, signs, landscaping, nonconforming uses and structures, and may further contain any additional regulations, special exceptions or procedures considered necessary to conserve the distinctive atmosphere or character of the area, or to minimize potential adverse impacts which could result from the creation of the district. 2. The Historical and Cultural Advisory Board shall hold a public hearing to allow citizens to present their view regarding the proposed con- ceptual plan and ordinance. Notice of this public hearing must be given as required by law for a change in the zoning classification. -4- er ,~ 3. The application and Historical and Cultural forwarded to the Zoning Council where it shall dance with the public hearing procedures that ing the zoning map. recommendation of the advisory Board shall be Commission and the City be processed in accor- ation, notification and are followed for amend- SECTION 2 . This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), 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 ION 3 . 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 unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECT ION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of -5- z 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. SECT ION 5 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending 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 courts. SECT ION 6 . 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 provisions o.f 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. SECT ION 7 . 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, 4, 8 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -6- . R t .,. ~a =.• SECT ION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4, 8 and 9 of this ordinance for two ( 2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ _ ~ 6 _ ~ ADOPTED: ~ ~~~ ~~ EFFECTIVE: ~~~~'~ -7-