Loading...
HomeMy WebLinkAboutOrdinance 16947-05-2006ORDINANCE NO. 16947-OS-2006 AN ORDINANCE AMENDING TIME ZONING ORDINANCE OF THE CITX OF FORT WORTH, BEING- ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTII, TO AMEND SECTION 2.101, "BOARD OF AD.TUSTMENT" OF CHAPTER 2, "REVIEW BODIES", ARTICLE 1, TO CREATE TWO PANELS FOR THE BOARD OF ADJ[JSTMENT CONSISTING OF NINE MEMBERS EACH; PROVIDING TIIr~T THIS ORDINANCE SMALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. WHEREAS, the current Zoning Ordinance provides far one Board of ~1.djustnaent composed of nine members and two alternate members to exercise all the powers and duties of a Board in accordance with Section 211.008 to 211.011 of the Texas Local government Code; and WHEREAS, prior to 2002, the average number of cases heard by the Board of Adjustment consisted of 150 cases per year; and WHEREAS, the number of annual cases heard by the Board in 2002 was 4b4 cases, in 2003 the Board heard 511 cases, in 2D04 the number o£ cases increased to 835, with 450 of those cases consisting of pending front yard carport requests and in 2005 the number of annual cases heard by the Board was 474 cases; and WIIEREAS, in 2005, the 79th Legislature amended Section 211.014 nfi the Texas Local Government Code to allow one nr more Board of Adjustment panels consisting of at least five members for all cities with a population of 50D,000 ar more, and; WHEREAS, in order to improve the efficiency of the Board of Adjustment it is advisable to amend the Zoning Ordinance to create two panels for the Board of Adjustment consisting of nine members each to hear residential and non residential cases; N()W, "I"I~IEREF®RE, BE IT ®RDAINED B'Y THE CITE' C®UNCIL ®F 'THE CITE' OF F®It.T WORTII, TEAS AS F®LL®WS: SECTI®N 1. Section 2.101 "Board of Adjustment" of Chapter 2, "Review Bodies", Article 1, "General", of Ordinance No. 13896, the Zoning Ordinance of the City of Port Worth, is amended to create two panels of the Board of Adjustment consisting of uine members each to read as follows: Section 2.101. Board of .A,djustment. A. Creation and appointment. There is hereby created a Board of Adjustarxaent, consisting of eighteen regular members, divided into two panels of nine mezxabers each, all of whom shall be qualified electors of the City of Fart Worth. Members of each panel shall serve as alternates of the other panel as needed. It is the declared policy that the City Council will consider for appointment to the Board of Adjustment only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, understanding of zoning and planning and availability to prepare for and attend meetings. Preference will be given, where feasible, to appointees who possess knowledge or background in one afthe following fields: 1. Law; 2. Property development; 3. Building design; ar 4. Mortgaging and financing. B. Terms of office. The members of the Board of Adjustment shall be identified by place numbers one through eighteen. The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire on October 1 of each even-numbered year. Board of Adjustment members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but na member shall be appointed for a term in excess of two years. 2 C. Organization. The Board of Adjustment shall hold an organizational meeting in November of each year and shall elect a chairman and vice-chairman for each panel from among its members before proceeding to any other matters of business. The development director, or a designated representative, shall be the secretary of the Board of Adjustment. The panels of the Board of Adjustment shall meet regularly and shall designate the time and place of its meetings. The Board of Adjustment shall adapt 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. Seven members of each panel of the Board of Adjustment shall constitute a quorum for the conduct of business. The members of each panel of the Board of Adjustment shall regularly attend meetings and public hearings of the Board of Adjustment and shall serve without compensation, except for reirnbursernent for authorized expenses attendant to the performance of their duties. E. Decision by Board of Adjustment. The affirmative vote of seven members of each panel of the Board of Adjustment shall be required to reverse or modify any order, decision nr interpretation of this ordinance. s1EC'I'ION z. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986}, 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. S~C'I'I®N 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 ar 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, 3 paragraphs and sections ofthis ordinance, since the same would have been enacted by the Gity Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTI®I~T ~. A11 rights and remedies of the City of Fnrt 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 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SEC'F~®l~I S. A11 other provisions of Section 2.101 of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain. in full force and effect. SECTII®N 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 Governam:ent Code. 4 S1EC'I'I®N 7. This ordinance shall take effect span adoption and publication as rec}uiared by law. APPI20VED AS TO FORM AND LEGALITY: Assist t ty Attozx~ey ADOPTED: ~ __ EFFECTIVE: ~ _..^ ,.`~ ~....~.~....._ ........._....____.