HomeMy WebLinkAboutOrdinance 26359-08-2023ORDINANCE NO. 26359-08-2023
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO.21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH (2015), TO AMEND CHAPTER 2,
"REVIEW BODIES" SECTION 2.100 "ZONING COMMISSION,"
SECTION 2.101 "BOARD OF ADJUSTMENT," SECTION 2.102 "URBAN
DESIGN COMMISSION," AND SECTION 2.103 "HISTORIC AND
CULTURAL LANDMARKS COMMISSION," AND SECTION 2.104
"DOWNTOWN DESIGN REVIEW BOARD" TO REVISE THE
RESPECTIVE BOARDS OR COMMISSIONS QUORUM
REQUIREMENTS, RESIDENT REQUIREMENTS AND OTHER
MISCELLANEOUS CLARIFICATIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2016 the voters in Fort Worth approved an amendment to the City Charter
to increase the number of City Council Districts from eight to ten, with such increase becoming
effective with the canvassing of the May 2023 general election for Mayor and City
Councilmembers; and
WHEREAS, the Fort Worth Code of Ordinances is being amended to increase the number
of members of each board and commission that is constituted on a by -district basis from nine to
eleven; and
WHEREAS, in the Fort Worth Zoning Ordinance, the Zoning Commission, Board of
Adjustment, Urban Design Commission and Historic and Cultural Landmarks Commission in Fort
Worth Zoning Ordinance are constituted on a by -district basis containing nine members each; and
WHEREAS, it is advisable to amend the Zoning Ordinance to increase the number of
members of each board and commission that is constituted on a by -district basis from nine to
eleven and to amend the quorum for each respective board or commission along with other
miscellaneous clarifications further described below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 2, "Review Bodies" is hereby amended to revise Section 2.100 "Zoning
Commission," Section 2.101 `Board of Adjustment," Section 2.102 "Urban Design Commission,"
Section 2.103 "Historic and Cultural Landmarks Commission," and Section 2.104 "Downtown
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Design Review Board" to revise the respective boards and commissions quorum requirements,
resident requirements and other miscellaneous requirements, to read as follows:
See. 2.100 ZONING COMMISSION.
(a) Creation and appointment. There is hereby created a zoning commission of the city, to be
composed of eleven residents of the city. It is the declared policy that the city council will consider
for appointment to the zoning commission as members only those persons who have demonstrated
their civic interest, general knowledge of the community, intelligent judgment, understanding of
zoning and planning and availability to prepare for and attend meetings and who, by reason of
diversity of their individual occupations, constitute a commission which is broadly representative
of the community. As nearly as is reasonably possible, the Zoning Commission members as a
whole shall fairly represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. The members of the zoning commission shall be identified by place
numbers one through eleven. The odd -numbered places shall expire October 1 of each odd -
numbered year and the even -numbered places shall expire October 1 of each even -numbered year.
Zoning commission members may be appointed to succeed themselves. Vacancies shall be filled
for unexpired terms but no member shall be appointed for a term in excess of two years. Members
shall serve until their successors are appointed. Members shall serve at the will and pleasure of the
City Council. A person is eligible to serve up to three consecutive two-year terms.
(c) Organization. The zoning commission shall hold an organizational meeting in November of
each year and shall elect a chairperson and vice -chairperson from among its members before
proceeding to any other matters of business. The development services director, or a designated
representative, shall be the secretary of the zoning commission. The zoning commission shall meet
regularly and shall designate the time and place of its meetings. The zoning commission shall
adopt 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. Six members of the zoning commission shall constitute a quorum
for the conduct of business. The members of the zoning commission shall regularly attend
meetings and public hearings of the zoning commission and shall serve without compensation,
except for reimbursement for authorized expenses attendant to the performance of their duties.
(e) Decision by zoning commission. A motion to recommend approval of an amendment to the
zoning ordinance shall require six favorable votes of the members present. Failure to secure six
concurring votes to recommend approval shall constitute a recommendation of denial. A tie vote
on a motion for denial will constitute a recommendation of denial.
(f) Staff responsibilities. The development services director and any designated representatives
shall be the regular technical advisors to the zoning commission. When the zoning commission
deems it necessary to obtain information from other city departments, it shall transmit such request
through the development services director.
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(g) Attendance reports. Each month a report shall be submitted to the city council showing the
cumulative attendance of each member of the zoning commission, with notation of members who
have been absent from three consecutive meetings.
(h) Powers and duties. The zoning commission is hereby charged with the duty and invested
with the authority to:
(1) Advise the city council relating to the creation and amendment of these zoning regulations
and districts as the zoning commission may deem beneficial and in the best interests of the city;
(2) Procure information, hold public hearings and make recommendations to the city council
relating to the creation, amendment and implementation of zoning regulations and districts as
provided in Tex. Local Government Code Chapter 211, together with all amendments thereto,
authorizing cities and incorporated villages to pass regulations and all powers granted under such
act are specifically adopted and made a part hereof as contemplated by § 31 A of Chapter XXVII
of the Charter of the city.
See. 2.141 BOARD OF ADJUSTMENT.
(a) Creation and appointment. There is hereby created a board of adjustment, consisting of
twenty-two regular members, divided into two panels of eleven members each, all of whom shall
be residents of the City of Fort 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 of the following fields:
(1) Law;
(2) Property development;
(3) Building design;
(4) Mortgaging and financing; or
(5) Architecture with emphasis on historic preservation.
As nearly as is reasonably possible, the board of adjustment members as a whole shall fairly
represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. Each panel of the members of the board of adjustment shall be identified
by place numbers one through eleven. 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 no member shall be appointed for a term in excess of two
years. Members shall serve until their successors are appointed.
(c) Organization. The board of adjustment shall hold an organizational meeting in November
of each year and shall elect a chairperson and vice -chairperson for each panel from among its
members before proceeding to any other matters of business. The development services director,
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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 adopt 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. Nine 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 reimbursement for authorized expenses attendant to the
performance of their duties.
(e) Decision by board of adjustment. The affirmative vote of nine members of each panel of the
board of adjustment shall be required to reverse or modify any order, decision or interpretation of
this ordinance by the zoning administrator or to grant a variance or special exception.
(f) Review of zoning needs. The board of adjustment shall keep itself informed with respect to
requests for variances based on practical difficulty and unnecessary hardship, and shall recommend
to the zoning commission when, in its opinion, requests for variances indicate a need for possible
general zoning changes through the established legislative procedure.
(g) Staff responsibility. The development services director and any designated representatives
shall be the regular technical advisors to the board of adjustment.
(h) Attendance reports. Each month a report shall be submitted to the city council showing the
cumulative attendance of each member with a notation of members who have been absent from
three consecutive meetings, and a notation of the non -availability of alternate members to attend
meetings for which called.
(i) Powers and duties. The board of adjustment shall have the powers and exercise the duties of
a board of adjustment in accordance with Texas Local Government Code §§ 211.008 through
211.011. Board of adjustment members are representatives of the city and shall have the right of
inspection of premises where required in the discharge of their responsibilities under the laws of
the State of Texas and the ordinances of the city. The board of adjustment's jurisdiction shall
extend to and include the hearing and deciding of the types of appeals and applications listed
below, and to that end shall have the necessary authority to ensure continuing compliance with its
decisions. In addition, the board of adjustment shall have the authority to compel the attendance
of witnesses necessary to its decision -making.
(1) Appeal of interpretation of the zoning administrator to board of adjustment. The board of
adjustment shall decide an appeal of the interpretation by the zoning administrative official upon
a properly submitted request made by the requestor, any person aggrieved by the interpretation, or
any officer, department, board or bureau of the city affected by the interpretation (see Chapter 3,
Article 2).
(2) Special exception. To decide upon applications for special exceptions when the use or
development is specifically authorized under the zoning ordinance subject to the approval of the
board of adjustment (see Chapter 3, Article 3). Special exceptions that may be permitted by the
board of adjustment are specified in the use tables in Chapter 4, Articles 6, 8 and 12.
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(3) Split -zoned lot. The board of adjustment may approve the extension of a use to the lot line
or for a distance of not more than 100 feet where the boundary line of a district either divides a lot
held in single ownership on October 1, 1940, or divides a lot held in single ownership as of the
date of subsequent annexation of said lot.
(4) Variance. To authorize upon appeal in specific cases such variance from the terms of the
zoning ordinance as will not be contrary to the public interest (see Chapter 3, Article 4).
(5) Appeals. To hear appeals for any action, other than actions relating to designation, from
the historic and cultural landmarks commission, the downtown design review board and the urban
design commission.
Sec. 2.102 URBAN DESIGN COMMISSION.
(a) Creation and appointment. There is hereby created an Urban Design Commission (UDC)
for the purpose of:
(1) Recommending the designation of scenic, cultural, architectural or historical areas of the
city as a conservation district;
(2) Recommending the designation of urban design districts;
(3) Reviewing and recommending to the city council the approval or modification of
proposed design guidelines for urban design districts and conservation districts, except those
districts where a separate design review board is established by the city council;
(4) Reviewing and approving projects in urban design districts and conservation districts for
compliance with design guidelines, except those districts where a separate design review board is
established by the city council;
(5) Reviewing and approving design standards for other projects as directed by the city
council; and
(6) Reviewing and approving appeals from the requirements of Sec. 6.302 Urban Forestry.
(b) Members. The UDC shall consist of eleven regular members and four alternate members,
to serve in the absence of one or more regular members, all of whom shall be residents of the city.
The city council will consider for appointment to the commission as regular members and alternate
members only those persons who have demonstrated their civic interest, general knowledge of the
community, independent judgment, and availability to prepare for and attend meetings. At least
six of the eleven regular member appointees must be practicing professionals from the fields of
architecture, landscape architecture, urban design or planning, real estate, or law. At least one of
the eleven regular member appointees must be a practicing or retired professional in the field of
history, architectural history, or other discipline related to historic preservation. Appointees should
be knowledgeable about fundamental principles of urban design and at least one member should
possess or have knowledge of urban forestry principles. Appointment of the alternate members
shall rotate from the aforementioned criteria. The members of the commission shall regularly
attend meetings and public hearings of the commission and shall serve without compensation,
except for reimbursement for authorized expenses attendant to the performance of their duties. As
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nearly as is reasonably possible, the UDC members as a whole shall fairly represent the ethnic
makeup of the City of Fort Worth.
(c) Terms of office. Place numbers one through eleven identify the regular members of the
UDC. The odd -numbered places expire on October 1 of each odd -numbered year and the even -
numbered places expire October 1 of each even -numbered year. The terms of the alternate
members expire on October 1 of odd -numbered years. Members may be appointed to succeed
themselves. Vacancies shall be filled for unexpired terms but no regular member or alternate shall
be appointed for a term in excess of two years. Members and alternate members shall serve until
their successors are appointed.
(d) Quorum. Six members of the UDC shall constitute a quorum. A motion to approve any
matter before the UDC shall require the affirmative vote of six members of the commission.
(e) Powers and duties.
(1) Nomination and designation of design districts.
a. The UDC may nominate design districts. Nomination by the UDC shall be in the form of
a resolution requesting that the planning and development department submit the nomination to
the zoning commission for consideration. The UDC shall not consider a nomination for a design
district until standards and guidelines have been submitted for review.
b. Applications and the procedure for designation of a design district shall follow the
procedures outlined in Chapter 3, Article 5, except that written notice shall be provided as outlined
in subsection (f) below. No design district shall be approved by the city council as a design district
without a recommendation from the UDC on the proposed guidelines for the district.
c. Upon designation of an area as a design district by the city council, the designation
indicating the boundaries of the district shall be adopted as an exhibit to the zoning ordinance.
Design districts are overlay zoning districts or base districts which the UDC or a district -specific
body appointed by the city council, has design review authority, as described in subsection (e)(2)
below.
(2) Design standards and guidelines and certificate of appropriateness. In order to enhance
the character of the districts, encourage economic development and protect property values, the
UDC or the district -specific body shall:
a. Review and recommend to the city council the approval or modification of proposed
design standards and guidelines for designated design; and
b. Review and approve, modify or reject an application for a certificate of appropriateness
for new construction and renovations for compliance with the adopted design standards and/or
guidelines for designated design districts.
(3) Design standards and guidelines directed by city council. In order to protect and enhance
the character of the design districts, encourage economic development and protect property values,
the UDC shall review and approve, modify or reject design standards for other applications as
directed by the city council.
(4) Urban forestry. The UDC shall have the authority to grant waivers to Sec. 6.302,
Urban Forestry.
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(f) Notice for proposed design districts. Written notice of any application before the UDC for
the nomination of any design district shall be given to the owner or owners of the property within
the proposed design district, as such ownership appears on the last approved ad valorem tax roll at
least ten days prior to any meeting. Such notice may be served by depositing the same, properly
addressed and postage paid, in the United States mail.
(g) Appeal. Any aggrieved person or entity may appeal any decision of the UDC, other than
nomination of an area as a conservation district or urban design district, to the board of adjustment.
A written notice of appeal must be fled with the city secretary within ten days after receipt of
notification of the commission's decision. The board of adjustment shall schedule a hearing on
such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably
practicable. The board of adjustment may uphold, reverse or modify the commission's decision.
Sec. 2.103 HISTORIC AND CULTURAL LANDMARKS COMMISSION.
(a) Creation and appointment.
(1) There is hereby created the historic and cultural landmarks commission to be composed
of eleven regular members and four alternate members, all of whom are residents of the City of
Fort Worth. The alternates shall serve in the absence of one or more regular members.
(2) The city council must appoint as regular members and alternate members, persons who
have demonstrated their civic interest, general knowledge of the community, independent
judgment and availability to prepare for and attend meetings. Whenever feasible, six appointees
should be practicing professionals from the fields of architecture, landscape architecture, history,
architectural history, urban planning, archaeology, real estate, law or other disciplines related to
historic preservation. Appointment of alternate members should rotate from the aforementioned
criteria.
(3) All historic and cultural landmarks commission members, regardless of background, must
have a known and demonstrated interest, competence, and knowledge in historic preservation and
planning within the City of Fort Worth.
(4) As nearly as is reasonably possible, the historic and cultural landmarks commission
members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. Historic and cultural landmarks commission members serve for a term of
two years. Newly appointed members will be installed at the first regular meeting after their
appointment. Regular members will serve in places numbered one through eleven. Regular
members appointed in odd -numbered places will serve terms that expire October 1 of odd -
numbered years. Regular members appointed to even -numbered places will serve terms that expire
on October 1 of even -numbered years. The terms of the alternate members expire on October 1 of
odd -numbered years. Vacancies will be filled for unexpired terms. Commission members may be
appointed to succeed themselves and serve at the discretion of the city council until a new member
is appointed in their place.
(c) Organization. The chairperson and vice chairperson of the historic and cultural landmarks
commission will be elected by and from the members of the historic and cultural landmarks
commission. The historic and cultural landmarks commission must meet at least monthly if
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business requires. Special meetings may be called at any time by the chairperson, the historic
preservation officer, or on the written request of any two historic and cultural landmarks
commission members.
(d) Meetings and quorum. Six members of the historic and cultural landmarks commission shall
constitute a quorum for the conduct of business. Six affirmative votes shall be required to approve
any matter before the historic and cultural landmarks commission. Failure to secure six affirmative
votes shall result in a denial. The members of the historic and cultural landmarks commission must
regularly attend the meetings and public hearings of the historic and cultural landmarks
commission and serve without compensation.
(e) Powers and duties. The historic and cultural landmarks commission is empowered to
perform the following duties:
(1) Prepare rules and procedures as necessary to carry out the business of the historic and
cultural landmarks commission;
(2) Create committees from among its membership to advise the historic and cultural
landmarks commission in carrying out the purposes of this zoning ordinance;
(3) Maintain written minutes which record all actions taken by the historic and cultural
landmarks commission and the reasons for such actions;
(4) Increase public awareness of the value of historic, cultural, architectural, and
archeological preservation by developing and participating in public education programs;
(5) Initiate and consider nominations, hold hearings, and recommend to the city council
whether certain buildings,_structures and properties should be designated as landmarks through_a
"highly significant endangered overlay," "historic and cultural landmark overlay" or "demolition
delay overlay," or that an area containing two or more eligible structures should -be designated
through a "historic and cultural landmark district overlay," or that such structures or properties be
included in a historic district or that such designations be amended or removed, in accordance with
§4.401, Historic Preservation Ordinance — Historic Overlays;
(6) Enforce and recommend to adopt or amend design standards and guidelines for structures
designated "highly significant endangered" or "historic and cultural landmark" or located in a
historic and cultural landmark district;
(7) Review and after public hearing make a determination on requests for Certificates of
Appropriateness for buildings and structures designated with an individual historic overlay or
located in a historic and cultural landmark zoning district overlay.
(8) Review requests regarding participation in historic preservation economic incentive
programs and forward recommendations concerning such requests to the city council;
(9) Recommend recognition of the owners of structures or property designated in accordance
with the Historic Preservation Ordinance by means of certificates, plaques, or markers;
(10) Recommend to the city council that the city acquire a structure or property where its
preservation is essential to the purposes of the Historic Preservation Ordinance and private
preservation is not feasible;
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(11) Recommend to the city council that the city accept the donation of preservation
easements and development rights as well as gifts for the purpose of historic preservation; and
(12) Exercise such other and further powers as maybe conferred on the historic and cultural
landmarks commission by city codes or ordinances.
(f) Preservation plan.
(1) The historic and cultural landmarks commission must adopt, in cooperation with the plan
commission, a preservation plan to be incorporated into the City of Fort Worth comprehensive
plan. The preservation plan must include the following:
a. The historic resources survey, as amended and revised;
b. Criteria to be used in identifying and prioritizing sites;
c. General description of forms and styles found in Fort Worth; and
d. Use historic contexts to develop goals and priorities for the identification, evaluation,
registration, and treatment of historic properties.
(2) The plan must also include criteria for selecting, preserving, and rehabilitating structures
and property. The plan must also set forth priorities not only among various historic sites but also
between conflicting land use goals and include specific recommendations on how to resolve
conflicts between competing uses. The plan must recommend the coordination required with other
departments and other public and private groups to implement historic preservation.
(3) The historic and cultural landmarks commission must review the preservation plan every
five years. Revisions may be made to the plan at any time in accordance with the rules and policies
of the city.
(g) Propose amendments to § 4.401, Historic Preservation Ordinance -Historic Overlays to the
zoning commission and city council from time to time.
Sec. 2.104 DOWNTOWN DESIGN REVIEW BOARD.
(a) Creation and appointment. There is hereby created a downtown design review board, to be
composed of seven members and one alternate member, all of whom shall be residents_of the City
of Fort Worth. The board shall include a minimum of one regular member from each of the
following categories: architect/design professional, downtown urban design district business
owner/manager, downtown urban design district_ resident/homeowner and real estate professional.
The alternate member shall serve when regular board members are unable to attend or participate.
Appointment of the alternate shall rotate from each of the following categories: architect/design
professional, downtown urban design district business owner/manager, downtown urban design
district resident/homeowner and real estate professional. As nearly as is reasonably possible, the
members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. The regular members of the downtown design review board shall be
identified by place numbers one through seven. 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. The term of the alternate member shall expire on October 1 in each odd -
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numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for
unexpired terms but no members shall be appointed for a term in excess of two years.
(c) Meetings and quorum. Five members of the downtown design review board shall constitute
a quorum for the conduct of business. The members of the downtown design review board shall
regularly attend meetings and public hearings and shall serve without compensation, except for
reimbursement for authorized expenses attendant to the performance of their duties.
(d) Attendance report. Each month a report shall be submitted to the city council showing the
cumulative attendance of each member of the downtown design review board, with notation of
members who have been absent from three consecutive meetings.
(e) Power and duties. The downtown design review board is hereby charged with the duty and
invested with the authority to:
(1) Enforce the downtown urban design standards and guidelines for new construction and
renovations by hearing and deciding applications for certificates of appropriateness in accordance
with § 4.1200; and
(2) Propose amendments to the downtown urban design standards and guidelines to the
zoning commission and city council from time to time.
(f) Decision by downtown design review board. Four affirmative votes by members of the
downtown design review board shall be required to approve a certificate of appropriateness or to
propose amendments to the downtown urban design district or downtown urban design district
standards and guidelines.
Sec. 2.105 RESERVED.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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.
SECTION 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 or 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
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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.
SECTION 4.
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, 21653 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.
SECTION 5.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 6.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By: "law
Melinda Ramos,
Deputy City Attorney
ADOPTED: August 8, 2023
EFFECTIVE: August 8, 2023
Jannette S. Goodall,
City Secretary
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