HomeMy WebLinkAboutOrdinance 16817-02-2006ORDINANCE NO. 1b817-02-2006
AN ORDINANCE AMENDING THE .ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896,
AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, TO AMEND SECTION 4.510 OF
SUBSECTION A, "APPEAL,; PENALTIES" TO PROVIDE THAT
AN APPEAL FROM THE HISTORIC AND CULTURAL
LANDMARK COMMISSION SHALL BE HEARD BY THE
APPEALS BOARD AND TO AMEND PARAGRAPH A.2. TO
PROVIDE FOR THE RECORD FOR THE APPEAL AND
CONSIDERATION OF THE APPEAL BY THE APPEALS BOARD
AND TO ADD PARAGRAPH A.3. TO PROVIDE THAT A
HEARING BEFORE THE APPEALS BOARD EXHAUSTS THE
ADMINISTRATIVE REMEDIES OF THE PROPERTY OWNER ;
PROVIDING THAT THIS ORDINANCE SIIALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current procedure for property owners desiring to appeal a
decision of the Historic and Cultural Landmarks Commission is to appeal to the City
Council of Fort Worth; and
WHEREAS, the City Council of Fort Worth requested that city staff make a
recommendation to provide alterzaatives 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 Historic and Cultural
Landmarks Commission;
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 ~, Article 5, of Ordinance No. 13896, the Zoning Ordinance of the City
of Fort Worth, Subsection A. "Appeal to City Council°' of Section 4.510, "Appeals;
Penalties", is amended to provide that the Appeals Board shall hear appeals Pram the
Historic and Cultural Landmarks Commission, to read as follows:
4.510 Appeal; Penaltees
A. Appeals Board
1. Any owner dissatisfied with any action of the Historic and Cultural
Landmarks Commission, other than actions relating to designation,
which shall be heard by the Historic and Cultural Landmarks
Commission, the Zoning Commission and the City Council in
accordance with Section 4.503, shall have the right to appeal to the
Appeals Board within ten days after receipt of natiBcatian of such
action, by filing a written notice of such appeal with the City
Secretary and the Historic Preservation Officer. The written notice
of appeal shall specify:
(a} That the decision of the commission is unreasonable,
either in whole or in part; and
(b) The grounds for the appeal.
SECTION ~.
Chapter 4, Article 5, of Ordinance Na. l3$96, the Zoning Ordinance of the City
of Fart Worth, Subsection A.2. is amended to provide far the record of the decision to be
sent to the Appeals Board and the consideration of the appeal by the Appeals Board, to
read as follows:
2. The Appeals Board shall schedule a hearing an such appeal within
30 days after receipt of the notice of appeal, or as soon thereafter as
is reasonably practicable. Native of such hearing shall be published
by the City Secretary in the City's of~eial newspaper not less than
the 15th day before the date of the hearing. The Historic Freservation
Officer shall forward to the Appeals Board a complete record of the
matter being appealed, including a transcript of the tape of the
hearing before the Historic and Cultural Landmark Commission. In
considering an appeal, the Appeals Board shall:
{a) Hear and consider testimony and evidence concerning
the previous recommendations and actions of the city
staff and the Historic and Cultural Landmark
CamrXllBSlol1.
{b) Hear new testimony and consider new evidence that
was oat available at the tiarrae of the hearing before the
Historic and Cultural Landmarks Commission;
{c) Apply the substantial evidence test to the decision of
the Historical and Cultural Landmarks Commission,
considering the record made before the Historic and
Cultural Landmarks Commission. The Appeals Board
may uphold, reverse or modify the decision of the
Historic and Cultural Landmarks Commission within
30 days of the appeal hearing unless a continuance is
agreed to by the owner.
(d) Have the option to remand any case back to the Historic
and Cultural Landmark Commission for further
proceedings.
SEC'T1[®N 3.
Chapter 4, Article 5, of Ordinance No. 13896, the Toning Ordinance of the City
of Fort Worth, Subsection A.3. to add language that provides that the Appeals Board is
the final administrative review, to read as follows:
3. A hearing before the Appeals Board shall exhaust the administrative
remedies of the property owner under this title.
SECTI®1`T 4
That 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 thane instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. Sal 1, 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, bath civil ar criminal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
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 ar decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs ar 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 7.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORD AND LEGALITY:
David Yett, City~~A®ttorney
By:~~ ~ U`~- ` I~~
Assistant City Attorney
Adopted: f'tw
Effective: