HomeMy WebLinkAboutOrdinance 23024-12-2017 ORDINANCE NO. 23024-12-2017
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 CHAPTER 2,
"REVIEW BODIES" SECTION 2.100 "ZONING COMMISSION",
SECTION 2.101 "BOARD OF ADJUSTMENT" AND SECTION 2.102
"URBAN DESIGN COMMISSION" TO AMEND THE DUTIES OF THE
ZONING COMMISSION, BOARD OF ADJUSTMENT AND URBAN
DESIGN COMMISSION TO REFLECT THEIR CURRENT PROCESSES,
DUTIES AND POWERS; TO AMEND CHAPTER 3, "REVIEW
PROCEDURES"TO CLARIFY PROCESS FOR WITHDRAWALS AT THE
ZONING COMMISSION; 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, on April 3, 2012 the City Council adopted Ordinance No. 20158-04-2012
amending the regulations for telecommunication towers and stealth communication towers which
included a revision to the design review authority for stealth communication towers; and
WHEREAS,the changes to the duty of the Urban Design Commission to review the design
of telecommunication towers was not mirrored in Section 2.102(a)which describes the purpose of
the creation of the Urban Design Commission; and
WHEREAS, on August 4, 2015 the City Council adopted Ordinance No. 21816-08-2015
amending the regulations related to appeals of an interpretation of the Zoning Administrator and
the duties of the Board of Adjustment when hearing such appeals; and
WHEREAS, the changes to the duties of the Board of Adjustment when hearing appeals
of interpretations from the Zoning Administrator were not mirrored in Section 2.101(1) which
describes the powers and duties of the board; and
WHEREAS, the current duties, processes and powers of the Zoning Commission are not
accurately described in Section 2.100; and
WHEREAS,it is advisable to amend the Zoning Ordinance to reflect the current processes,
duties and powers of the Zoning Commission, the Board of Adjustment and the Urban Design
Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
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SECTION 1.
Section 2.100 "Zoning Commission" of Ordinance No. 21653, the Zoning Ordinance of
the City of Fort Worth, is hereby amended to revise subsections (e) and (h) to reflect the current
processes, duties and powers of the Zoning Commission, renumbering where appropriate and
leaving the remaining sections unchanged,to read as follows:
Sec. 2.100 ZONING COMMISSION.
(a) Creation and appointment. There is hereby created a Zoning Commission of the city, to be
composed of nine qualified electors of the city. It is the declared policy that the City Council will
consider for appointment to the Zoning Commission as members only those persons who have
demonstrated their civic interest, general knowledge of the community, intelligent judgment,
understanding of zoning and planning and availability to prepare for and attend meetings and who,
by reason of diversity of their individual occupations, constitute a commission which is broadly
representative of the community.
(b) Terms of office. The members of the Zoning Commission shall be identified by place
numbers one through nine. The odd-numbered places shall expire October 1 of each odd-numbered
year and the even-numbered places shall expire October 1 of each even-numbered year. Zoning
Commission members may be appointed to succeed themselves. Vacancies shall be filled for
unexpired terms but no member shall be appointed for a term in excess of two years.
(c) Organization. The Zoning Commission shall hold an organizational meeting in November
of each year and shall elect a chairperson and vice-chairperson from among its members before
proceeding to any other matters of business. The Planning and Development Director, or a
designated representative, shall be the secretary of the Zoning Commission. The Zoning
Commission shall meet regularly and shall designate the time and place of its meetings. The
Zoning Commission shall adopt its own rules of procedure and keep a record of its proceedings in
accordance with the state statutes, this ordinance and the City Charter.Newly appointed members
shall be installed at the first regular meeting after their appointment.
(d) Meetings and quorum. Six members of the Zoning Commission shall constitute a quorum
for the conduct of business. The members of the Zoning Commission shall regularly attend
meetings and public hearings of the Zoning Commission and shall serve without compensation,
except for reimbursement for authorized expenses attendant to the performance of their duties.
(e) Decision by zoning commission. A motion to recommend approval of an amendment to the
zoning ordinance shall require five favorable votes of the members present. Failure to secure five
concurring votes to recommend approval shall constitute a recommendation of denial.
(f) Staff responsibilities. The planning and development director and any designated
representatives shall be the regular technical advisors to the Zoning Commission. When the Zoning
Ch.2 Sec 2.100-102 ZC,BOA& UDC amendment 2016 Ordinance No.23024-12-2017
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Commission deems it necessary to obtain information from other city departments,it shall transmit
such request through the Planning and Development Director.
(g) Attendance reports. Each month a report shall be submitted to the City Council showing the
cumulative attendance of each member of the Zoning Commission,with notation of members who
have been absent from three consecutive meetings.
(h) Powers and duties. The Zoning Commission is hereby charged with the duty and invested
with the authority to:
(1) Advise the city council relating to the creation and amendment of these zoning
regulations and districts as the Zoning Commission may deem beneficial and in the best interests
of the city; it shall consult with the Plan Commission as necessary to ensure proper coordination
of zoning with the long-range planning of the city;
(2) Procure information,hold public hearings and make recommendations to the city council
relating to the creation, amendment and implementation of zoning regulations and districts as
provided in Tex. Local Government Code Chapter 211, together with all amendments thereto,
authorizing cities and incorporated villages to pass regulations and all powers granted under such
act are specifically adopted and made a part hereof as contemplated by § 3 1 A of Chapter XXVII
of the Charter of the city; and
SECTION 2.
Sections 2.101 "Board of Adjustment" subsection (i) "Powers and Duties" of Ordinance
No. 21653,the Zoning Ordinance of the City of Fort Worth,is hereby amended to revise the duties
of the Board of Adjustment when hearing an appeal of an interpretation by the Zoning
Administrator to mirror those in sections 3.200 through 3.202 of the Zoning Ordinance,to read as
follows:
SEC. 2.101 BOARD OF ADJUSTMENT.
(i) Powers and duties. The board of adjustment shall have the powers and exercise the duties
of a board of adjustment in accordance with Texas Local Government Code §§ 211.008
through 211.011. Board of adjustment members are representatives of the city and shall have
the right of inspection of premises where required in the discharge of their responsibilities
under the laws of the State of Texas and the ordinances of the city. The board of adjustment's
jurisdiction shall extend to and include the hearing and deciding of the types of appeals and
applications listed below, and to that end shall have the necessary authority to ensure
continuing compliance with its decisions. In addition,the board of adjustment shall have the
authority to compel the attendance of witnesses necessary to its decision-making.
Ch.2 Sec 2.100-102 ZC, BOA&UDC amendment 2016 Ordinance No.23024-12-2017
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(1) Appeal of interpretation of the Zoning Administrator to board of adjustment. The board
of adjustment shall decide an appeal of the interpretation by the Zoning Administrative
Official upon a properly submitted request made by the requestor, any person aggrieved
by the interpretation, or any officer, department, board or bureau of the city affected by
the interpretation(see Chapter 3, Article 2).
(2) Special exception. To decide upon applications for special exceptions when the use or
development is specifically authorized under the zoning ordinance subject to the approval
of the board of adjustment (see Chapter 3, Article 3). Special exceptions that may be
permitted by the board of adjustment are specified in the use tables in Chapter 4, Articles
6 and 8.
(3) Split-zoned lot. The board of adjustment may approve the extension of a use to the lot line
or for a distance of not more than 100 feet where the boundary line of a district either
divides a lot held in single ownership on October 1, 1940, or divides a lot held in single
ownership as of the date of subsequent annexation of said lot.
(4) Variance. To authorize upon appeal in specific cases such variance from the terms of the
zoning ordinance as will not be contrary to the public interest (see Chapter 3, Article 4).
(5) Appeals. To hear appeals for any action, other than actions relating to designation, from
the historic and cultural landmarks commission, the downtown design review board and
the urban design commission.
SECTION 3.
Sections 2.102 "Urban Design Commission" subsection (a) "Creation and appointment"
of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to
delete the review and approving of stealth communication towers as well as antennas and renumber
the remaining items, to read as follows:
SEC. 2.102 URBAN DESIGN COMMISSION.
(a) Creation and appointment. There is hereby created an urban design commission for the
purpose of:
(1) Recommending the designation of scenic, cultural, architectural or historical areas of the
city as a conservation district;
(2) Recommending the designation of urban design districts;
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(3) Reviewing and recommending to the city council the approval or modification of
proposed design guidelines for urban design districts and conservation districts, except
those districts where a separate design review board is established by the city council;
(4) Reviewing and approving projects in urban design districts and conservation districts for
compliance with design guidelines, except those districts where a separate design review
board is established by the city council;
(5) Reviewing and approving design standards for other projects as directed by the city
council; and
(6) Reviewing and approving appeals from the requirements of§ 6.302.
SECTION 4.
Sections 3.505 "Withdrawal and Reapplication" subsection (b)(2) of Chapter 3 "Review
Procedures", the Zoning Ordinance of the City of Fort Worth, is hereby amended to clarify the
process for zoning application withdrawals at the Zoning Commission, to read as follows:
Sec. 3.505 WITHDRAWAL AND REAPPLICATION
(b) The action on the withdrawal request shall be based on the timing of the request as
follows:
(2) A request to withdraw an application after written notice or after the
application is posted on a Zoning Commission public hearing agenda shall
be deemed accepted and no further action is required.A request to withdraw
an application during the Zoning Commission meeting must be approved
by the Zoning Commission. The City shall not take further action on the
application.
SECTION 5.
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 6.
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,
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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 7.
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 8.
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 9.
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.
Ch.2 Sec 2.100-102 ZC,BOA&UDC amendment 2016 Ordinance No.23024-12-2017
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SECTION 10.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO F O" i AND LEGALITY: ATTEST:
B1
Y•
Melinda Ramos, Mary J. K r,
Sr. Assistant City Attorney City Secret ry
ADOPTED: December 5, 2017
EFFECTIVE:
Ch.2 Sec 2.100-102 ZC,BOA&UDC amendment 2016 Ordinance No.23024-12-2017
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