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Home My WebLink AboutOrdinance 9501{ `' a i :y r ~~N x 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, BY PROVIDING FOR THE LOCATION OF FAMILY HOMES AND CARE FACILITIES, HOSPITALS AND CLINICS IN CERTAIN ZONING DISTRICTS; PROVIDING FOR DEFINITIONS; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE. OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVI-DING 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1, "Definitions", of Ordinance No. 3011, as amended, is hereby amended by adding or revising the following defi- nitions, which shall read as follows: "Care Facility - an institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emo- tional or other rehabilitative care as an out-patient or live-in member. This definition does not include those institutional uses provided for elsewhere in this ordi- nance, nor does it include foster care programs or family homes. Family - any individual or two or more persons related by blood, adoption or marriage or not more than five unre- lated persons living and cooking as a single housekeeping unit or home and expressly excluding lodging, boarding or fraternity houses. Family Home - a community-based residential home contain- ing not more than six (6) disabled persons and two supervisory personnel and which otherwise meets the requirements of the Community Homes for Disabled Persons Location Act, Art. 1011n, Tex. Rev. Civ. Stat. SECTION 2. That Section 2-B., "CF" Community Facilities District of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph A.1.(e) to read as follows: "e) Care facilities, institutions, rehabilitation and training centers operated by governmental or private organizations or sponsored by chartered educational, religious or philanthropic organizations but excluding uses such as trade schools which are operated primarily on a commercial basis." fa ~. w SECTION 3. That Section 2-B., "CF" Community Facilities District of Ordinance No. 3011, as amended, is hereby amended by adding Paragraph A.1.(m), which paragraph shall read as follows: "m) Family Homes." SECTION 4. That Section 3, "A" One-Family District of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph A.4. to read as follows: "4. Libraries, museums, parks, playgrounds, community centers and governmental facilities (excluding care facil- ities, hospitals and clinics) and field offices where operated by or under the control of the City of Fort Worth or other governmental jurisdiction." SECTION 5. ~ ~~ That Section 3.A, "A" One-Family District of Ordinance No. 3011, as amended, is hereby amended by adding Paragraph A.12., which paragraph shall read as follows: "12. Family Homes." SECTION 6. That Section 8., "E-R" Restricted Commercial District of Ordi- nance No. 3011, as amended, is hereby amended by adding to Para- graph A "Use Regulations" for the following uses: ~~* "4A. Care Facilities; 8A. Hospitals and clinics." SECTION 7. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct -2- r a - _. ` '`'~ 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 8. 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 j udgment 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 9. 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 10. 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. .SECTION 11. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general -3- «; .~ ~~ .~ rt~ ~. :~ ~ .. 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 12. 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 through 6 and Sections 9, 13 and 14 in the minutes of the City Council and by filing the ordinance in the ordinance rec- ord s of the City. SECTION 13. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Sections 1 through 6 and Sec- tions 9, 13 and 1 4 of this ordinance for two (2) days in the offi- cial newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1 , Revised Civil Statutes of Texas. SECTION 14. 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: j 0 ~i ~ -g J ADOPTED: .- %~~ EFFECTIVE: -4-