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Home My WebLink AboutCP 147 MMU�ar� • �JLt LJ LJ L/LJ V 0 . BW wcaou+auw•: x�1r+aRs�s�o�yrw�ra � * � w•na aAwPw4A?WV ■! '�' '- • 4MI/90 147 FILE NUMBER cerAVAarports/Moratorium on Prosecution of F-- of Violators PROPOSAL PROPOSED BY: ITT MAENA012-5 UVIE --.-.-. City Council It is proposed-that-City Council take the following action: 1. -Axupt- tK6-atta_ched ordinance amending Ordinance No. 10247 and Ordinance No. 10343 so a.s toi� (a) extend the moratorium on the prosecution of citations issued before January 10, 1989, for violations of front yard setback requirements by noncon- forming carports; and (b) extend the moratorium on the issuance of citations for nonconforming carports constructed before January 10, 1989. Such moratoriums shall be extended until midnight, July 31, 1990, unless sooner repealed by the City Council . 2. Direct the City Attorney to prepare an amendment to the Zoning Ordinance contain- ing the provisions outlined in Exhibit "A" to permit construction of new carports in front yards under certain conditions if approved by the Board of Adjustment and to permit certain existing carports to continue; 3. Direct the City staff to schedule the aforesaid Zoning Ordinance amendment for public r:: -ing before the Zoning Commission at the earliest possible date. Background: Several areas exist in Fort Worth where carports have been added to the front of single-family residences with attached garages. Many of these carports violate the front yard setback requirements of the Zoning Ordinance and special building lines established on subdivision plats. 1 On January 10, 1989, the City Council approved Policy Proposal 136 which asked the Zoning Commission to study the problem and, if appropriate, develop amendments to set- back regulations to permit any such existing carports to continue and to permit new carports of this type to be built. By a letter dated May 22, 1989, the Chairman of the Zoning Commission reported to the City Council that the Commission felt no change needed to be made in the Zoning Ordinance. uoAuTY a OFFICIAL RECORD I FISCAL NOTE Q CITY SEC IETARY CRY MANAGER'S COMMENTS ❑ FT. WORTH, TEX. POLICY PROPOSAL (cont'd) PAGE_ F A City Council Carport Camrittee chaired by Councilman Steve M=in was subsequentl foamed. Several meetings were held but no recamrendations were developed by the Ca:mittee. in the meantime, the City Council moratorium on prosecution of violators and issuance of citations expired on December 31, 1989. At Pre-Council Meeting on January 23, 1990, City Council received a report entitled "Mociif,cation of Pegulations Concerning carports" from Mayor Pro Tem Garey Gilley. City Council directed the staff to place the present Mayor & Council Policy Proposal o the agenda for consideration by Council. LemiitI n e City Attorney has reviewed the above proposal and there are no known legal impede ments. Fiscal Note: None. City Manager's Comments: The City Manager has no objections to this proposal. OFFICIAL RECO"O CITY SECRETARY FT. WORTH, 1U. CITY OF FORT WORTH ` ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 10247 AND ORDINANCE NO. 10343 TO PROHIBIT 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 31, 1990, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDI- NANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City of Fort Worth regulates the location and construction of carports and other buildings under its Comprehensive Zoning Ordinance (Ordinance No. 3011, 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 residences with attached garages and recommend amendments to permit such carports (hereinafter called "noncore- + 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 OI`EICIAL RECom CITY SECRETARY FT. WORTH, TED.. ' WHEREAS, on January 31, 1989, City Council adopted Ordinance No . 10247 and on July 25 , 1989 , the City Council adopted Ordinance No. 10343, which ordinances provide that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989, for violations of front yard setbacks by noncon- forming carports and that a moratorium shall be imposed on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, it is necessary to extend such moratoriums until midnight on July 31 , 1990, so that the City Council may consider possible revisions to the ordinances and regulations pertaining to such carports; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That pursuant to the valid exercise of the police power granted to the City, Ordinance No. 10247 and Ordinance No. 10343 are hereby amended and the following acts are hereby prohibited in the City of Fort Worth during the period from the effective date of this ordinance until midnight on July 31, 1990, 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 00� prosecution of complaints for violations of front yard setback requirements by carports added to resid=jt ��C � IAl HIM CITY SECjETARY 2 FT. WORTH, TEX. with attached garages where such carports were con- structed before January 10, 1989; (c) the issuance of citations or the filing or prosecution of complaints for other violations by car- ports added to the front of residences with attached garages where such carports were constructed before January 10, 1989 . That the purpose of this prohibition is to maintain the status quo concerning such nonconforming carports until proposed amendments to front yard setback requirements for carports can be considered by the 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 31, 1990, whichever occurs first. SECTION 4 . That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas ( 1986) , 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, such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. OFFICIAL RECC6I) CITY 1- IETARY 3 FT. VI O TI TELL ' 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, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment 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 enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 . That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 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: ADOPTED: ,�Q / OFFICIAL REQ;.75 EFFECTIVE: CITY 5ECZ1 T11�1y ' LFT. IVa TH, TEX. 4 PROPOSED AMENDMENT OF SECTION 20 - BOARD OF ADJUSTMENT (C) AUTHORIZED SPECIAL EXCEPTIONS District requiring Special Exception board approval (41) Carports in front yard setbacks subject to com- All residential pliance with all of the following criteria: (a) the lot has been replatted to exempt carports from any front yard building line if one is shown on the plat ; Oak (b) there is no vehicular access to the rear of the lot and no other practical loca- tion on the lot for a carport; (c) the design of the proposed carport is architecturally compatible with the pri- mary structure on the lot and in keeping with the character of surrounding devel - opment ; (d) the proposed carport is open on the sides ; (e) the proposed carport does not encroach into the public rightof-way; ( f ) the proposed carport is used only for the temporary parking of a vehicle and not for any other purpose including stor- age of any type; (g) the surface under the proposed carport and the driveway leading to the street pavement must be paved; (h) the height of the proposed carport shall be no higher than the lowest eave line of the residence; (i) all carports which existed prior to January 10 , 1989, that comply or are made to comply with the requirements of this section shall be allowed to continue Qt MOW obtaining a special exception t T��lr��. from the Board of Adjustment . 1 c��y Sr Jill hR1