HomeMy WebLinkAboutOrdinance 23111-02-2018 ORDINANCE NO. 23111-02-2018
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO. 21653,AS AMENDED,CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH (2015),TO AMEND SECTION 7.105(B),
"ONE OR TWO FAMILY DWELLING" OF CHAPTER 7,
"NONCONFORMITIES" TO REMOVE THE EXCEPTION ALLOWING
THE EXPANSION OF NONCONFORMING TWO-FAMILY DWELLINGS
IN ONE-FAMILY DISTRICTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Zoning Ordinance prohibits the expansion of legal nonconforming uses,
with the exception of one- and two-family dwellings in order to allow the expansion of existing
dwellings made legal nonconforming after residential uses were prohibited in commercial and
industrial zoning districts; and
WHEREAS, since 2000, the City Council has rezoned "B" Two-Family zoning districts
to One Family districts where consistent with the Comprehensive Plan; and
WHEREAS, the allowance for the expansion of existing two-family dwellings in One
Family districts undermines the intent of the rezoning to protect One-Family areas and discourage
excess density; and
WHEREAS, it is advisable to remove the exception for nonconforming two-family
dwellings to expand;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS AS FOLLOWS:
Ch.7 Sec.7.105.B amendment 2018 Ordinance No.23111-02-2018
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SECTION 1.
Chapter 7, "Nonconformities", Section 7.105, "Subsequent Amendments to Zoning
Ordinance" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth is hereby
amended to revise subsection B,"One or Two Family Dwelling"to remove the exception allowing
the expansion of nonconforming two-family dwellings in one-family districts,to read as follows:
Sec. 7.105 Subsequent Amendments to Zoning Ordinance
B. One Family Dwelling.
Any existing one family dwelling, made nonconforming by the passage of a
subsequent ordinance, may be altered or added to, provided such additions or
alterations meet the requirements of the one family district.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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.
SECTION 3.
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.
Ch.7 Sec.7.105.B amendment 2018 Ordinance No.23111-02-2018
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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 ordinance shall be
fined not more than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation
exists 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 Ordinances No. 3011, 13896, 21653 and 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 final disposition by the courts.
SECTION 6.
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 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
Ch. 7 Sec.7.105.B amendment 2018 Ordinance No.23111-02-2018
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APPROVED AS TO FORM AND LEGALITY: A'I"I ES T:
I ZLBy: VVI
Me inda Ramos, dary J. KayYd,
Sr. Assistant City Attorney City Secretary
ADOPTED: February 6, 2018
EFFECTIVE:
Ch. 7 Sec.7.105.B amendment 2018 Ordinance No.23111-02-2018
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