HomeMy WebLinkAboutOrdinance 18104-05-2008ORDINANCE NO. 18104-OS-2008
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING
ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH
(1986), BY ADDING A NEW SECTION, SECTION 7.108 OF
CHAPTER 7, "NONCONFORM[TIES" TO ADD REGULATIONS
RELATED TO USES AND STRUCTURES AS A RESULT OF
EMINENT DOMAIN OR THE TI3REAT OF ENIINENT DOMAIN;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS within the City of Fort Worth there exist land uses and structures
that were lawful when established but that do not conform to current zoning regulations;
and
WHEREAS the city's zoning ordinance allows the continued use of these non
conforming uses, but does not permit the addition, alteration or extension of building and
structures unless the change fully complies with the all zoning regulations; and
`VHREAS if the structure is abandoned, discontinued or destroyed, the zoning
ordinance prohibits the continued use or reconstruction of the building; and
WHEREAS the zoning ordinance does not address the issue of the creation of a
nonconforming use due to a governmental act of eminent domain or threat of eminent
domain; and
WHEREAS it is advisable to amend the zoning ordinance to allow the addition,
alteration, extension, enlargement, or rebuilding of structures in compliance with the
zoning regulations in effect when a governmental entity exercises or threatens eminent
domain; and
WHEREAS by amending the zoning ordinance, it is not the intent of the City to
exempt property affected by eminent domain from future zoning ordinance amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 7, "Nonconformities", of Ordinance No. 13896, the zoning ordinance of
the City of Fort Worth, is hereby amended to add a new section, Section 7.108, "Exercise
of Eminent Domain" to read as follows:
7.108 Exercise of Eminent Domain
A lot, tract or parcel occupied by a lawful structure that complies with the
development regulations or a use of land that complies with the use regulations
shall not be rendered nonconforming due to the acquisition ofright-of--way by the
exercise of eminent domain or threat of eminent domain by a governmental entity.
Such designation shall apply only to noncompliance that results from the
acquisition ofright-of--way, but shall not apply to noncompliance that results from
____ _-__-_ future zoning-ordinance-amendments. -------_~~--_--- -~-----____ .-_ -_--__---_--____
SECTION 2.
Except as expressly amended, all provisions of the Ordinance No. 13896, as
amended, shall remain in full force and effect.
SECTION 3.
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 conflicting provisions of such ordinances and such Code are hereby
repealed.
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SECTION 4.
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
unconstitutional 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 5.
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 snore than Two Thousand Dollars ($2,000.00) for each offense. Each
day-that aViolation-exists-shall-constitute-a separ-ate-offense. ------ ---- ---________
SECTION 6.
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, Ordinance No. 13896, 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 fmal disposition by the courts.
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SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
~~-~ '~G2^~~..c.~-ter
Assistant City orney
ADOPTED: May 20, 2008
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