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HomeMy WebLinkAboutOrdinance 7258 ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS , STRUCTURES AND LAND FOR. TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES , THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES , THE SIZE OF YARDS AND OTHER OPEN SPACES , OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SAID PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS ; PROVIDING FOR AN INCREASE IN THE ZONING CHANGE APPLICATION FILING FEE AND PROVIDING FOR THE POSTING OF SIGNS ON PROP- ERTIES CONCERNING WHICH A ZONING CHANGE APPLICATION S BEEN MADE BY AMENDING SECTION 25 THEREOF ; RO- VIDIG FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE S L BE CUMULATIVE OF ALL ORDINANCES AFFECTING ZONING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1 . Paragraphs 2 and 3 of Subsection B of Section 25 of the Comprehensive Zoning Ordinance No. 3011, as amended, be, and the same are hereby amended so that, hereafter, same shall be and read as follows : "2 . Fee Required: "Every application shall be accompanied by a filing fee of one hundred twenty-five dollars ($125 .00) plus an additional amount sufficient to defray in part the estimated cost of legal publication. Such publication fee shall be based upon the current cost to the City of Fort Worth for advertising in the official newspaper, except that the cost of one (1) column inch o legal notice publication shall be included in the base fee of one hundred twenty-five dollars ($125 .00) . Fees may be waived by the Zoning Commission only upon its finding that substan- tial error to the applicant has occurred through no fault of the applicant or of his authorized representative. No fee shall be charged for proposals filed by the City Plan Commission, nor for hearings specifically directed by the City Council . "3 . Notice • 11 (a) Written notice of all public hearings before the Zoning commission on pro- posed changes in classification shall be sent to owners of real property ly- ing within two hundred feet (200 ' ) of the property upon which the change in classification is proposed, such notice to be given not less than ten (10) days before the date set for bearing to all such owners who have rendered their said property for City taxes, as the ownership appears on the last approved City Tax Roll. Such notice may be served by de- positing 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 terri- tory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, notice to such owners shall be given by publication in the manner provided in Article 1011 , Re- vised Civil Statutes of Texas . " (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 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 before the date set for public bearing before the Zoning Commis- sion. Any such sign or signs shall be removed subsequent to the occurrence of either of the following : Final action by the City Council or withdrawal of the application for amendment. Such sign or signs shall substantially indicate that a zoning amendment is proposed and shall further set forth that additional infor- mation can be acquired by telephoning the number indicated thereon. Such erec- tion and/or the continued maintenance of any such sign or signs shall not be deemed a condition precedent to the hold- ing of any public bearing, to the recom- mendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment. " -2- SECTION 2 . The zoning regulations , as herein established, have been made, following a full and complete public hearing, in accord- ance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community . SECTION 3 . This ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances , except in those in- stances where provisions of such ordinances are in direct con- flict with the provisions of this ordinance. SECTION 4. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of ordinance No. 3011, or of any amendments thereto, of said City of Fort Worth, Texas, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations , the court shall have all of the powers which existed prior to the effective date of this ordinance. SECTION 5 . 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 ordi- nance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitu- tionality shall not affect any of the remaining phrases , clauses , sentences , paragraphs or sections of this ordinance, -3- since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 . Any person, firm or corporation which violates, diso- beys, omits, neglects or refuses to comply with or which re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not less than five dollars ($5 .00) , nor more than two hundred dollars ($200 .00) for each offense. Each day that a violation is permitted to exist shall consti- tute a separate offense. SECTION 7 . This ordinance shall become effective and be in full force and effect from and after January 5, 1976, and it is so ordained. APPROVED AS TO FORM AND LEGALITY : A* S . G . JOHNDROE, JR. , City Attorney -4-