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HomeMy WebLinkAboutOrdinance 17243-10-2006ORDINANCE NO. 1743-10-2006 AN ORDINANCE AMENDTNG THE COIVIPREHENSTVE ZONING ORDINANCE OF TIDE CITY OF FORT WORTH, BEING ORIINANCE NUMBER 13896, CODIFTED AS APPENDLX "A" OF TIIE CODE OF THE CITY OF FORT WORTT~ (T986), TO AMEND SECTION 3,.406, "LIMITATION ON REAPPLICATION" OF ARTICLE 4, "VARIANCES" OF CT-IAP'~'ER 3, "REVIEW PROCEDURES" TO CLARIFY WHEN THE TWENTY-FOUR Ii~TONTH DELAY PERIOD FOR NEW APPLICATIONS BEGINS WHEN A BOARD OF ADJUSTMENT DECISION IS APPEALED TO DISTRICT OR COUNTY COURT AND TO PLACE A LIMITATION ON TH[E ACCEPTANCE OF AN APPLICATION FOR A VARIANCE AFTER A DECISION OF TIIE DISTRICT OR COUNTY COURT UPIIOLIIING THE BOARD OF ADJUSTMENT RULING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATTVE; PROVIDING A SEVERABTLITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE BATE. WHEREAS, Section 3.406 of the current Zoning Ordinance provides that a when a proposal is denied by the Board of Adjustment or when the applicant has withdrawn after public native, na new applications of like nature may be accepted by the city or scheduled for a hearing within a 24 month period unless there is a substantial vhange in conditions; and WIIEREAS, Section 3.406 does not address when the 24 month period begins if there is an appeal of the decision of the Board of Adjustment to the district or vounty court; and WT-IEREAS, Chapter 211 of the Local Government Code allows an applicant or any person aggrieved by a Board of Adjustment decision to file an appeal with the vounty or district court; and WHEREAS, the court may reverse or off rm, in whole ar in part, or modify the decision of the Board of Adjustment; and WHEREAS, the current zoning ordinance does not address the ability of the applicant to reapply for a variance after a court upholds the decision of the Board of Adjustment to deny a variance request; and WI~IEREAS, under the zoning ordinance, an applicant can be denied a request for a variance, lose an appeal to the district or county court and immediately submit another application for the same variance proposal; WHEREAS, it is advisable to amend the Zoning Ordinance to add language clarifying when the 24 z~onth waiting period begins when a denial is appealed to a county or district court and to add language limiting the acceptance of an application for the same variance request when a court has upheld a denial by the Board of Adjustment and lol®W, TIFIERE]F®RE, DE IT ®RDA,II•IED RY TFIE CITY C®IUNCIL ®F TIME CITY OF F®RT W®RTII, TEXAS, AS F®LL®WS: SECTI®l~ I. Section 3.406 "Limitation on Reapplication" of Chapter 3, "Review Procedures", Article 4, "Variances", of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to read as follows: Sec. 3.406. Limitation on reapplication. A. When a proposal is denied by the board of adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the board of adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; 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 mandatary delay period may be waived and a new application accepted. When a decision of the board of adjustment is appealed to a district or county court, no new applications of like nature will be accepted by the city or scheduled for a hearing until the court renders its final decision. B. When the district or county court affirms the decision of the board of adjustment to deny a variance proposal, no new applications of like nature shall be accepted by the city or scheduled for a hearing unless there is substantial change in conditions in the community since the decision of the board of adjustment sa as to justify accepting a new application. SECTION 2. 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®lol 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 ar decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the rerraaining 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. SEC'TI®N 4. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or wha 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. SECT~~N 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 not, under such ordinances, same shall not be affected by this axdinance but may be prosecuted until final disposition by the courts. SECTI®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 Governzxzent Cade. SECTS®l~ 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By~'~- .~-~ ~. Assist t Ci Attorney ADOPTED: G~ ~ ;~~'~~~ EFFECTIVE: ,~. ~ ~,.i'~,~ ~ i1, ,~`1 ~,_ ~ .