HomeMy WebLinkAboutOrdinance 24278-06-2020 ORDINANCE NO. 24278-06-2020
AN ORDINANCE AMENDING THE 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, BY AMENDING ARTICLE 5 "TEXT OR MAP
AMENDMENTS", OF CHAPTER 3, "REVIEW PROCEDURES,"
SECTION 3.506 TO AMEND THE LIMITATION ON REAPPLICATION;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the current procedure for denying a zoning request includes a limitation on
reapplication for a twelve month waiting period, provided however, the limitation does not apply
when a zoning request is specifically stated to be denied without prejudice; and
WHEREAS, it is proposed to amend the procedure to provide that the limitation on
reapplication for a twelve month waiting period applies to zoning requests when a motion is made
to deny with prejudice;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS
SECTION 1.
Chapter 3 "Review Procedures",the Zoning Ordinance of the City of Fort Worth,is hereby
amended to revise Article 5 "Text or Map Amendments", to amend Section 3.506 to amend the
limitation on application to make the twelve month delay period applicable to a motion to deny
with prejudice, to read as follows:
Sec. 3.506 LIMITATION ON REAPPLICATION.
When a proposal is denied with prejudice-by the City Council or when the applicant has
withdrawn after a recommendation of denial with prejudice of the proposal by the Zoning
Commission no new applications of like nature shall be accepted by the city or scheduled for a
hearing by the Zoning Commission within a period of 12 months of the date of denial or
withdrawal; provided, however, on receipt of written request by the original applicant describing
substantially changed conditions in the community since prior consideration of the proposal so as
to justify an earlier review of this matter,the City Council may waive the mandatory delay period
and authorize the acceptance of a new application.
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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 repeated.
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.
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 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
Sec. 3.506 Limitation on Reapplication Ordinance No.24278-06-2020
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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.
APPROVED AS�TO FORM AND LEGALITY:
Belinda �l.56CDT)
By; Melinda Ramos Jun 24,202016:56 CDT)
Melinda Ramos Mary J. Kayser
Sr. Assistant City Attorney City Secretary
ADOPTED: June 23, 2020
EFFECTIVE: cgOaQ
�y FORT�L
Sec.3.506 Limitation on Reapplication Ordinance No.24278-06-2020
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