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HomeMy WebLinkAboutOrdinance 9124P ~ „ ~_ ~ i ~ /]/~ ~ .... ~ ., I , 7 h ->. ORDINANCE NO. Q~ AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, BY REVISING SECTION 25, "CHANGES AND AMENDMENTS", PROVIDING FOR PUBLIC HEARINGS BEFORE THE ZONING COMMISSION ON PROPOSED CHANGES TO THE ZONING ORDINANCE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; 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. Ordinance No. 3011, as amended, is hereby amended by revising Section 25, "CHANGES AND AMENDMENTS", to read as follows: "Section 25 - CHANGES AND AMENDMENTS. "A. General Requirements. 1. The City Council of the City of Fort Worth may from time to time amend, supplement or change, by ordinance, the regulations, restrictions or boundaries of such districts herein or subse- quently established. A public hearing shall be held by the City Council before adopting any ~oposed amendment, supplement or change. Notice f such public hearing shall be given by publi- cation one (1) time in the official newspaper or a paper of general circulation in the municipal- ity at least fifteen (15) days before the time of the hearing. 2. The City Plan Commission shall regularly review the effectiveness of the Zoning Ordinance in accomplishing the objectives of the city plan. When the Plan Commission finds that the develop- ment of an area is contrary to or inconsistent with the planning objectives for that area, or that the frequency of requests indicates a need for broad scale changes, the Plan Commission shall advise the City Zoning Commission of its conclusions thereon and may file a proposal to amend, supplement or change the regulations and the districts on behalf of the community at large. The report of the City Plan Commission shall be included with the Zoning Commission report to the City Council. Upon annexation of territory to the City of Fort Worth, the Plan Commission shall prepare a report recommending the locations and types of districts to be established in said territory, and shall file a copy of said report with the City Council and with the City Zoning Commission for public hear- ing thereon. ,~ "B. Zoning Commission. 1. Application required. Every proposal to amend, supplement or change the regulations or restrictions of this ordi- nance, or the boundaries of the zoning dis- tricts, shall be filed with the Zoning Commission, as provided in Chapter 28 of the Code of the City of Fort Worth and in accordance with the Commission's established rules of pro- cedure. An application may be filed by the owner of property or his authorized agent, or by the Department of Development upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council. 2. Fee required. Every application shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 28 of the Code of the City of Fort Worth. The filing fee may be waived by the Zoning Commission or City Council only upon a finding that substantial error to the applicant has occurred through no fault of the applicant or his authorized representative. No fee shall be charged for proposals filed upon recommenda- tion of the Zoning Commission, Plan Commission, Board of Adjustment or City Council. 3. Notice: (a) "Written notice of all public hearings before the Commission on proposed changes in zoning classification shall be sent to owners of real property lying within two hundred feet (200') of the property upon which the change in classification is pro- posed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have ren- dered their said property for City taxes, as the ownership appears on the last approved City Tax Roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within two hundred feet (200') of the property pro- posed to be changed is located in territory which was annexed to the City after the final date for .making the renditions which are included on the last approved City Tax Roll, at least fifteen (15) days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City. (b) "The City Manager or his designee shall direct the erection of at least one (1) sign upon each property proposed to be rezoned. Where possible, such sign or signs -2- ~., ~, J u 4 ~ `~ M '3 shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare abutting such property. Such sign or signs shall be so erected not less than ten (10) days be- fore the date set for public hearing before the Zoning Commission. Any such sign or signs shall be removed subsequent to the occurrence of either of the following: Final action by the City Council or with- drawal of the application for amendment. Such sign or signs shall substantially indicate that a zoning amendment is pro- posed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. Such erection and/or the continued mainte- nance of any such sign or signs shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment. 4. Public Hearing; Recommendation: "The Zoning Commission shall hold public hear- ings on all properly filed proposals. After closing of the public hearing on a proposal, the Zoning Commission shall transmit to the City Council its recommendation on said proposal. 1. "Every proposal to amend a zoning boundary which is recommended favorably by the Zoning Commis- sion and every proposed amendment to the regula- tions of this ordinance shall be forwarded to the City Council for setting and holding of a public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law. "C. City Council Hearing. Proposal recommended for approval: 2. Proposal recommended for denial; ap eal: "When the Zoning Commission determines that a proposal to amend a zoning boundary should be denied, it shall so report to the City Council. A denial by the Zoning Commission shall be affirmed by the City Council (either with or without prejudice as to refiling) and shall be final unless an appeal is filed with the Secretary of the Commission within twelve (12) days following Commission action. An appeal from the decision of the Zoning Commission may be taken by any person who is aggrieved by the action of the Commission on a specific pro- posal. The appeal shall be reduced to writing showing that: (1) The Commission was prejudiced in its delib- eration; -3- ,, t - ,, .. 4 ~°. (2) New information is available which was not considered by the Commission; (3) The Commission committed some error in its deliberation; or (4) For other reasons, the requested change should be granted. "The Secretary shall forward the appeal to the City Council with the regular report of Commission action on the subject proposal. "Upon receipt of written appeal, the City Council may: (1 ) Refer the original proposal and appeal to the Commission for a new hearing and a report and recommendation; (2) Schedule its own hearing on the proposal; (3) Deny the appeal in its entirety; or (4) Deny the application without prejudice as to refiling upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed. "D. Limitation on Re-application. "When a proposal is denied by the City Council or when the applicant has withdrawn his proposal after the giving of public notice, no new applications of like nature shall be accepted by the City or sched- uled for a hearing by the Zoning Commission within a period of twelve (12) months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing sub- stantially changed conditions in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application." SECTION 2. 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 conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. -4- ~ ~i 1. t *~ ?C SECTION 3. /~ a b la 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 unconsti- tutional 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 4. 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 chapter 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 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 t Ordinance No. 3011, as amended, 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 liti- gation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be effected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 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 of this ordinance as so published shall be admissible in evidence in all -5- .. ;. °.. 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 7. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and Sections 1 , 4 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4 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 or- dained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~' _ ~ Z ~ ~ 7 ADOPTED : l~ -~o~- ~~ EFFECTIVE : oC, -6-