HomeMy WebLinkAboutOrdinance 16948-05-2006ORDINANCE NO.16948-OS-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 WORTII, BY AMENDING SECTIONS 3:504
AND SECTION 3.503 OF CHAPTER 3, "REVIEW PROCEDURES"
TO DELETE THE REQUIREMENT TO FILE AN WRITTEN
APPEAL AND TO AMEND THE CITY COUNCIL HEARING
PROCESS ON A RECON.MENDATION OF DENIAL BY TIIE
ZONING COMMISSION ON A REQUEST TO AMEND A ZONING
BOUNDARY; PROVIDING THAT `THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVER.ABILITY CLt~USE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current procedure for the rezoning of property requires the Zoning
Commission to make a recommendation for approval or denial on pxaposal to amend a
zoning boundary; and
WIIEREAS, on a recommmendation of denial by the Zoning Commission the action
must be affirmed by the City Council and is final and unless the applicant files an appeal
within 12 days following the Zoning Commission action; and
WWIIEREAS, if the applicant files an appeal, the City Council has the option to refer
the original proposal and appeal back to the Zoning Commission, schedule the appeal for a
special hearing, or deny the appeal with or without prejudice; and
WHEREAS, on a recommendation of denial where no appeal is filed, the City
Council's only option is to deny with or without prejudice; and
WHEREAS, the current process is confusing to the applicant, requires the
applicants and citizens to attend several meetings if a case is set for a special hearing anal
limits the City Council's options where no appeal is filed;
WHEREAS, it is advisable to amend the Zoning Ordinance to eliminate the need of
an applicant to file an appeal in order far the City Council to have the option of hearing the
case and allow the City Council to hear cases recommended for approval and denial on the
same council agenda;
NOW, THEREFORE, BE IT ORDAINED BY TI`IE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 3, Article S, "Review Procedures, Text or Map Amendment (Rezoning)"
of Ordinance No. 13896, the Zoning Ordinance ofthe City afFort Worth, Section 3.504,
"City Council Hearing and Action" is hereby amended to read as follows:
Sec. 3.504. City Council Hearing anti Acti€~n.
A. Zoning Commission Recommendation and Council Hearing. Every
proposal to amend a zoning boundary which is recommended far approval or
denial by the Zoning Commission and every proposed aanaendrr~ent to the
regulations of this ordinance shall be forwarded to the City Council far a
public hearing as required by state law. No change, however, sha11 became
effective until after the adoption of an ordinance and its publication as
required bylaw.
B. City Council Action.
Upon receipt of the final report and recommendation of the Zoning
Commission, the City Council may:
1. Approve the application;
2. Deny the application with prejudice;
3. Deny the application without prejudice as to re-filing upon
showing that unnecessary hardship will otherwise result and
that the intent and spirit of the ordinance will be observed; ar
4. Refer the original proposal to the Zoning Commission for a
new hearing, report and recommendation
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SECTI®N 2.
Chapter 3, Article 5, "Review Procedures, Text or Map Aam.endment (Rezoning}"
of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 3.505,
"Appeal" is deleted in its entirety and Sections 3.506, "Limitation on Reapplication" and
3.507, Plan Commission Review for Effectiveness" are renumbered as follows: .
3.505. Limitation on Reapplication
3.506. Plan Commission Review for Effectiveness
SECTI®1®T 3.
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.
SECTI®1~ 4.
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 bythe 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.
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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 Ordinance No. 13896 which have accrued at the
time ofthe effective date of this ordinance and, as to such accrued violations and all pending
litigation, bath civil and criminal, whether pending in court or teat, under such ordinances,
same shall not be affected by this ordinance but may be prosecuted until final disposition by
the courts.
SEC'1<'~®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 Government Code.
SECTI®N 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
C___-=~ Cry
Assistant City Attorney
ADOPTED: ~~ ~ ~' ~ ~
EFFECTIVE: ~~
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