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HomeMy WebLinkAboutOrdinance 15405ORDINANCE NO. ~`~ ` ~"`--' 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, BY ADDING A DEFIlVITION FORA "SHELTER"; AMENDING THE RESIDENTIAL AND NONRESIDENTIAL USE TABLES TO ADD "SHELTER" AS A PERMITTED USE IN "PD" PLANNED DEVELOPMENT DISTRICT; AMENDING THE USE INDEX TO ADD "SHELTER"; PROVIDING THAT THIS ORDINANCE IS CUM[JLATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVIl~tGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Zoning Ordinance does not formally address homeless shelters and similar forms of temporary housing for those in need; WHEREAS Fort Worth's shelters provide critical housing, dining, and counseling services for city's homeless population; WHEREAS the location and expansion of shelters warrant increased scrutiny to reduce the concentration of shelters in any one neighborhood, as recommended by the June 2000 Homeless Shelter Task Force Final Report; WHEREAS Fort Worth's "PD" Planned Development District zoning classification allows for increased flexibility, public comment, and discretionary review, making "PD" the appropriate zoning district for shelters; WIiEREAS it is advisable to amend the Zoning Ordinance to establish a definition for shelters and to designate the "PD" Planned Development District as the appropriate zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Chapter 9 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, Section 9.101, "Defined Terms," is hereby amended by adding a definition for "Shelter" to read as follows: Shelter: A facility providing temporary housing primarily to indigent, needy, homeless or transient persons and which may also provide ancillary services such as counseling and/or vocational training, bathing, dining and food preparation." SECTION 2. Section 4.603, "Residential District Use Table", of Ordinance No. 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended by inserting "Shelter" as a use in the "Residential Uses," "Group Living" section, and by identifying "Shelter" as a permitted use in the "PD" Planned Development District. SECTION 3. Section 4.803, "Nonresidential District Use Table", of Ordinance No. 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended by inserting "Shelter" as a use in the "Residential Uses," "Group Living" section, and by identifying "Shelter" as a permitted use in the "PD" Planned Development District. SECTION 4. Appendix C "Use Index" of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended by inserting "Shelter" as a use, with the following information in the reference column: 2 Shelter: Listed in: Residential District Use Table/Residential Uses/Group Living and listed in: Nonresidential District Use Table/Residential Uses/Group Living SECTION 5. 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. SECTION 6. 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 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 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who 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. SECTION 8. 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 of the 3 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 maybe prosecuted until final disposition by the courts. SECTION 9. 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. SECTION 10. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: David Yet .City Attorney ~ /~ Assistant it Attorney aDOP~rED: /-' ~~-~ 3 EFFECTIVE: 4