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Home My WebLink AboutOrdinance 9538r r~ G3_ `~ `P ~~ 7 iF / ORDINANCE N0. ~~~ AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, PROVIDING THAT NO BUILDING PER- MIT, CERTIFICATE OF OCCUPANCY OR OTHER PERMIT SHALL BE ISSUED, NOR USE MADE OF PROPERTY WHICH IS UNZONED OR UN- PLATTED IN THE CITY OF FORT WORTH; PROVIDING THAT ALL LAND NOT PROPERLY DESIGNATED BY SOME OTHER ZONING CATEGORY SHALL BE DEEMED ZONED "AG" AGRICULTURAL; PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. Ordinance No. 3011, as amended, is hereby amended by adding the following definition to Section 1, "Definitions": "BUILDING PERMIT: An official document or certificate issued by the City of Fort Worth authorizing erection, construction, renovation, maintenance, or any other speci- fied activity on any building or structure, or on any installations or facilities therein. The term 'building permit' shall include but not be limited to building per- mits, electrical permits, mechanical permits, and plumbing permits. II. Ordinance No. 3011, as amended, is hereby amended by revising Section 2, Paragraph B, to read as follows: "B. The districts aforesaid and the boundaries of such districts are shown upon the maps attached hereto and made a part of this ordinance, being designated as the "District Maps", and said maps and all notations, refer- ences and other information shown thereon shall be as much a part of this ordinance as if the matters and information set forth by said maps were all fully described herein. If, because of error or omission in the District Maps, any property in the City of Fort Worth is not shown as being in a zoning district, or if for any other reason the zon- ing cannot be properly determined on any property in the City of Fort Worth, such property shall be classified as "AG" Agricultural until changed by amendment. III. Ordinance No. 3011, as amended, is hereby amended by revising Section 2, Paragraph C, to read as follows: "C. Except as specifically authorized to the contrary in this ordinance, the following regulations shall apply in all districts: .r 1 T 1. No building permit, certificate of occupancy or other permit shall be issued, nor shall any use be made of land or any building or structure within the City of Fort Worth unless such land is located in one of the aforesaid zoning dis- tricts; 2. No building or structure shall be erected, re- constructed, altered or enlarged, nor shall any building or structure or land be used for any purpose other than is permitted hereafter in the district in which such building, structure or land is located, and no building, structure or land shall be used and no certificate of occu- pancy, building permit or other permit shall be issued for any use or purpose prohibited by ordinance or by the Constitution and laws of the United States of America or of the State of Texas; 3. No building or structure shall be erected, re- constructed, altered or enlarged to exceed the height or bulk limit herein established for the district in which such building or structure is located; 4. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established; 5. No building permit shall be issued for any building or structure unless such building or structure is located on a platted lot or lots which have been described by an instrument re- corded in the Tarrant County Deed Records in accordance with Article 974a, Revised Civil Statutes of Texas, and the lot or lots front upon a legally established street. Notwithstand- ing the above, no building permit shall be issued for any building on land composed of a fractional part of any lot, or a lot and a frac- tional part of any adjoining lot, or the frac- tional parts of two adjoining lots; 6. Every dwelling hereafter erected, reconstructed, altered or enlarged shall be located on a lot of record unless: (a) the dwelling is an integral part of a Uni- fied Residential Development (see Sec- tion 16A); or (b) the lot is described by metes and bounds by an instrument recorded in the County Deed Records before October 1, 1940, or the date of annexation, whichever is later; or (c) the lot qualifies for a dwelling permit by other provisions of this ordinance; 7. No yard or other open space provided about any building or structure for the purpose of comply- -2- h ,~~~y ~ 1 _ 1 y# 1. v ing with the provisions of these regulations shall be considered as providing a yard or open space for any other building or structure; pro- vided further that no yard or open space on an adjoining property shall be considered as pro- viding a yard or open space on a lot whereon a building or structure is to be erected. SECTION IV. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort [forth, 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. SECTION V. 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. SECTION VI. Any person, firm or corporation 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 ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION VII. 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 land use which -3- .~ _ j, - ;. 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. SECTION VIII. 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 of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION IX. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections I, II, III, VI, X and XI in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION X. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections I, II, III, VI, X and XI 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 XI. 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. A ROVED AS TO FORM D LEGALITY: J ~' City Attorney Date: ~ ~ ~ t ~- ~~"_- ADOPTED: EFFECTIVE: -4- ~~~