HomeMy WebLinkAboutOrdinance 16816-02-2006ORDINANCE NO.16816-02-2005
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13$96,
AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, TO AMEND SECTION 4.1200 OF
SUBSECTION I, "APPEAL" TO ADD PARAGRAPH 2 TO
PROVIDE THAT AN APPEAL FROM THE DOWNTOWN
DESIGN REVIEW BOARD SHALL BE HEARD BY THE
APPEALS BOARD AND TO PROVIDE FOR THE RECORD FOR
THE APPEAL AND CONSIDERATION OF TBCE APPEAL BY THE
APPEALS BOARD AND TO PROVIDE THAT A HEARING
BEFORE THE APPEALS BOARD EXHAUSTS THE
ADMINISTRATIVE REMEDIES OF THE PROPERTY
OWNER/APPELLANT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABTLITY CLAUSE;
AND PROVTT)TNG AN EFFECTIVE DATE.
WHEREAS, the current procedure far property owners desiring to appeal a
decision of the Downtown Design Review Board is to appeal to the City Council of Fort
Worth; and
WIIEREAS, the City Council of Fort Worth requested that city staff make a
recommendation to provide alternatives as to where the appeal would be heard; and
WHEREAS, staff recommended that the Appeals Board for the Building
Standards Commission hear any appeals from decisions of the Downtown Design Review
Board;
WHERAS, the City Council accepted the recommendation of staff and requested
all appropriate ordinances be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 4, Artiele 12, of Ordinance No. 13896, the Zoning Ordinance of the City
of Fort Worth, Subsection I. "Appeal" Section 4.1200, is amended to add paragraph 2.
"Appeals Board" to provide that the Appeals Board shall hear appeals from the Downtown
Design Review Board, to read as follows:
4.120U Urban Design D~strict~Dawntown
I. Appeal
2. Appeals Board
a. All decisions by the Downtown Design Review Board may be
appealed to the Appeals Board by the applicant. A written notice
of appeal must be filed with the City Secretary within ten days
after receipt of notification of the Downtown Design Review
Board's decision.. The written notice of appeal shall specify:
i. That the decision of the board is unreasonable, either in
whole or in part; and
ii. The grounds for the appeal.
b. The Appeals Board shall schedule a hearing on such appeal within
30 days after receipt of the notice of appeal, or as soon as
thereafter as reasonably practicable. Notice of such hearing shall
be published by the City Secretary in the City's Official
Newspaper not less than the 15t" day before the hearing. The
Secretary of the Downtown Design Review Board shall forward to
the Appeals Board a complete record of the matter, including a
transcript of the tape of the hearing before the Downtown Review
Board. In consideration of an appeal, the Appeals Board shall
i. Hear and consider testimony and evidence concerning the
previous recommendations and actions of the city staff and
the Downtown Design Review Board;
ii. Hear new testimony and consider new evidence that was
not available at the time of the hearing before the
Downtown Design Review Board;
iii. Apply the substantial evidence test to the decision of the
Downtown. Design Review Board, considering the record
made before the Downtown Design Review Board;
iv. Have the option to remand any case back to the Downtown
Design Review Board for further proceedings.
c. The Appeals Board may uphold, reverse or modify the decision of
the Downtown Design Review Board unless a continuance is
agreed to by the ownerlappellant.
d. A hearing before the Appeals Board shall exhaust the
administrative remedies of the property awnerfappellant under this
title. Any owner/appellant aggrieved by the decision of the
Appeals Board may file in District Court.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fart
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except in those instances where. provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECT~OIoI 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that
have accrued at the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or criminal, same shall oat be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECT~OI®i 4.
That 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 void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation herein of any
such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION S.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
David }Y~e~tt, City A(~ttorney
Assistant City Attorney
Adopted: M ~ C' r_,
Effective:: ~ ~ - ,,~
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