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POLICY PROPOSAL
GATE FILE NUMBER oncs� g Carports/Moratorium on 'AGE Of
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PROPOSAL PROPOSED BY: C AgER' VIEW
ouncilman Meadows 2
Proposal :
It is proposed that the City Council take the following action:
1. Adopt the attached ordinance amending Ordinance No. 10247,
Ordinance No. 10343, and Ordinance No. 10501 so as to:
a. extend the moratorium on the prosecution of citations
issued before January 10, 1989, for violations of front
yard setback and front yard building line requirements by
non-conforming carports; and
b. extend the moratorium on the issuance of citations for
non-conforming carports constructed before January 10,
1989.
Such moratorium shall be extended until midnight, December
31, 1990, unless sooner repealed by the City Council .
2. Direct the City Attorney to prepare an Amendment to the
Zoning Ordinance containing the provisions outlined in
Exhibit "A" to permit certain non-conforming carports which
were constructed in front yards before January 10, 1989, to
legally continue to exist.
Oil3. Direct the City staff to schedule the aforesaid Zoning
Ordinance Amendment for public hearing 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. Many of these
carports violate the front yard setback and front yard building
line requirements of the Zoning Ordinance and special building
lines established on subdivision plats .
LEGALITY 0
FISCAL NOTE cr p dI
CITY MANAGER'S COMMENTS ® Orr'4�"� REe
C17Y CRD
• WORm
POLICY PROPOSAL (cont'd) PAGEOF 2
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 setback 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.
A City Council Carport Committee chaired by Councilman Steve
Murrin was subsequently formed. Several meetings were held but
no recommendations were developed by the Committee. In the
meantime, the City Council moratorium on prosecution of violators
and issuance of citations expired on December 31, 1989.
On January 30, 1990, the Council approved Policy Proposal 147
which extended the moratorium until July 31, 1990, and directed
the City Attorney to prepare an amendment to the Zoning Ordinance
to permit the construction of new carports in front yards under
certain conditions if approved by the Zoning Board of Adjustment
and to permit certain existing carports to continue. The
proposed ordinance was prepared and referred to the Zoning
Commission. On March 14, 1990, the Zoning Commission held a
public hearing and recommended to City Council that the proposed
amendment to the Zoning Ordinance be denied. On April 10, 1990,
the City Council- held a public hearing and upheld the
recommendation df the Zoning Commission to deny the amendment.
Since April 10, 1990, City staff has sent notices of violations
to the owners of many non-conforming carports. Investigation
indicates that literally hundreds of such carports exist. Most
of them cause no problems and their removal would cause an
economic hardship to the property owners. The present Policy
Proposal asks the Zoning Commission to consider an ordinance
which would grant legal non-conforming status to carports
constructed before January 10, 1989, if the conditions o ined
in Exhibit "A" are met. OFFIC14 RECORD
Leaality: CITY SECRETARY
The City Attorney has reviewed the above proposal and h q1.�tTH, TEX.
no known legal impediments.
Fiscal Notes: APPROVED BY
None CITY COUNCIL , .
Q2h_ 2 3
City Manager's Comments: %4 1990
The City Manager has no objections to this proposal .
Adopted Ordinance No. cky""c"d th.
CITY OF FORT WORTH p
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.TUESDAY, JULY 24, 1990
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CP 1$2 cont: Recommendations 2,.and 3 be continued for one-week. AALn the motion was put to a vote __..
carports/maratoriun by the Mayor, it prevailed unanimously.. :
Council Member Meadows introduced an ordinance and made , untion th-kf It ba r"
Introduced, adopted., The motion was seconded by.Council Member Zapata. The notion `
i(Ordimance p ,>c,arryiny 4th a
it the adoptiw,of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, MCCrAy, Meadows, Webber, and'Chappell
L�
.NOES: None
ABSENT: None y
r The ordinance, as adopted, is as follows: 4W
fi:Or.dinance No. 1-0641. ORDINANCE-N0. 10641 i!
i,
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AN ORDINANCE AMENDING ORDINANCE NO. 10247, ORDINANCE NO. 10343, AND
ORDINANCE NO. 10501 TO PROHIBIT THE ISSUANCE OF CITATIONS AND
PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK
REQUIREMENTS BY CERTAIN CARPORTS ?N THE CITY OF FORT WORTH, WHICH
PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON DECEMBER 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
ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING
FOR A METHOD OF REPEAL OF THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE., AND PROVIDING AN EFFECTIVE DATE. !
}; WHEREAS, the City of:Fori.Worth,regulates the location and cqr true j
of carports and other buildlings:.under its Coieprehensive Zoning Ordfnarrce j
d (Ordinance No. 3011."as amended)'and other cify.ordinances-and rej0,1A aMa_;
and fi
3i
WHEREAS, there are several areas`in the'tity: of Fort North:where
carports=have`.been added to the front of'riside,rI with attached;-garages;
and
YHERfnS, some of.such carports violate'thp front setback requirements of
the Comprehensive Zoning ordinance and special;-building lines estab.l_Ished on a
subdivision plats; and-
WHEREAS:, on January 31, 1989, the City Council adopted- Ordinance
No.-I0247 and on July 25, 1989; the City Council adopted Ordinance No. 10343,
r 'and on January 30, 1990; the City Council,adopted Ordinance No. 10501, which
ordinances'provide that a moratorium shall be imposed on the prosecution of
i citations issued before January 10,-1989, for violations of front yard
setbacks and special building lines by nonconforming 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
i
WHEREAS; it is necessary to,extend such nioratoriums until mid'ni9WVn s
December 31, 1990, so that the City Council may consider possible revisians
to the ordinances and regulations pertaining to such carports;
i
NOW, THEREFORE, BE IT ORDAINED BY THE'2CITY COUNCIL OF THE CI-TY OF FORT
WORTH, TEXAS:
SECTION 1.
' That pursuant to.the valid exercise:of the police power granted to the
City,-Ordinance No. 10247, Ordinance;No. 10343 andOrdinanceNo.-:10501 ar m
hereby amended and the following,icts,are:hereby.prohibited in the City of
fort Worth during the'period frdmrthe effective date of this ordinance r until` e
midnight on December S1, 1990, or until this ordinance is repealed;:whichever1"
n occurs first;
jaj the prosecution of citations issued or complaints-filed before r
January 10, 1989, for violations-of front yard setback and: speelal >
building line requirements by carports added to residences with-attached ,.
garages; ;
(br the issuance of citations ortbe filing or prosecution-of' �.
complaints for violations of front yard setback' and building line
requirements by carports added to residences with attached garages-where C
J. E such carports were constructed before January 106 1989; ;f
(c) the issuance of citations or the filing or prosecution of
r3; complaints for other violations by carports added to the front of
# n residences with attached garages where such carports were constructed
before January 10, 1989. , y
WOV� y L
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