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HomeMy WebLinkAboutOrdinance 13927ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 25-78 AND 25-79 OF THE CODE OF THE CITY OF FORT WORTH CONCERNING THE HISTORIC AND CULTURAL LANDMARKS COMMISSION AND SECTIONS 25-79 THROUGH 25-77 OF THE CODE OF THE CITY OF FORT WORTH CONCERNING TFIE ZONING COMMISSION BECAUSE THE CONTENTS OF SUCH SECTIONS ARE INCORPORATED IN AMENDED AND RECODIFIED ZONING ORDINANCE NO, '1386; AMENDING SECTION 25-'I TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR DESIGNATION OF CONSERVATION DISTRICTS AND TO UPDATE A REFERENCE TO HISTORIC AND CULTURAL SUBDISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 10, 1999, the City Council of the City of Fort Worth adopted Ordinance No. 13896, which is an amendment and recodification of the zoning ordinance, WHEREAS, Chapter 2 of Ordinance Nn. 13896, "Review Bodies," sets out the organization, powers and duties of municipal boards and commissions with jurisdiction to enforce the zoning ordinance, including the Historic and Cultural Landmarks Commission and the Zoning Commission; WHEREAS, Sections 25-71 through 25-77 of the City Code concerning the Zoning Commission and Sections 25-78 and 25-79 of the City Code concerning the Historic and Cultural Landmarks Commission are now contained in Sections 2.100 and 2.103, respectively, of Ordinance No. 13898; WHEREAS, Section 25-1 of the City Code states that a $100A0 administrative _~_ fee is assessed in connection with an application for designation of a Conservation District and that no fee is required in connection with a Historic and Cultural Subdistrict; WHEREAS, "Historic and Cultural Subdistrict" is an obsolete term that has been replaced in the zoning ordinance with "'HC' Historic and Cultural Landmarks District", WHEREAS, Section 4.401 of Ordinance No. 13896 states that the fee for designation of a Conservation District is equal to that required for "HC" Historic and Cultural Landmark Districts; WHEREAS, it is advisable to repeal Sections 25-71 through 25-79 of the City Code in order to avoid duplication of regulations and to amend Section 25-1 to update the reference to "Historic and Cultural Subdistrict" and to provide that. no fee is required for applications to designate Conservation Districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COClNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 25 of the Code of the City of Fort Worth, "Planning", Section 25-1, concerning application fees charged by the Zoning Commission, is hereby amended by replacing the reference to "Historic and Cultural Subdistrict" with "'HC' Historic and Culturai Landmarks District" and by providing that no application fee is required for a Conservation District, as follows: -2- Zoning Commission (4) "HC" Historic and Cultural Landmarks District ... No Fee (5) "CD" Conservation District ... No Fee SECTION 2. Chapter 25 of the Cade of the City of Fort Worth, "Pianning", Article V, "Zoning Commission," consisting of Sections 25-71 through 25-77, is hereby repealed. The contents of Article V are now contained in Section 2.100 of the zoning ordinance enacted on August 10, 1999, as Ordinance No. ~ 3896. SECTION 3. Chapter 25 of the Code of the City of Fort Worth, "Planning", Arkicie V!, "Historic and Cultural Landmarks Commission," consisting of Sections 25-78 and 25-79, is hereby repealed. The contents of Article Vl are now contained in Section 2.103 of the zoning ordinance enacted on August 10, 1999, as Ordinance Na. 13$96. SECTION 4. All provisions of Section 25-1 shag remain in fuil force and effect, except as expressly amended herein. SECTION 5. This ordinance shail be cumulative of all provisions of ordinances and of the Code of fihe City of Fort Worth, Texas (19$6), 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. SECTI®N 7. This ordinance shall be in full force and effect from and after its passage. APPROVED AS TO FORM AIVD LEGALITY, Assistant City Attorney Date: ~ ~ 1 `~ ~ ADOPTED: ~ ~ , ' ~ ~ ~ EFFECTIVE:......,.. ..fir-~~-._ ~~.~~ -4- IJATE REFERENCE NlJMF3ER LOG NAME PAGE 917199 -2G5 12REPEAL 1 of 1 St1BJECT REPEAL OF CODE OF CITY OF FORT WORTH, SECTIONS 25-71 THROUGH 25-79, CONCERN}NG ZONING COMMISSION AND HISTORIC AND CULTURAL LANDMARKS COMMISSION AND AMENDMENT OF SECTION 25-1 CONCERNING APPLICATION FEE FOR CONSERVATION DISTRICTS RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing sections of the City Code concerning the Historic and Cultural Landmarks Commissian and the Zoning Commission, which have been incorporated in the revised zoning ardinance, and amending the application fee for conservation districts to make the City Cnde consistent with the zoning ordinance. DISCUSSION: On August 10, 1999, the City Council approved a revision of the zoning ordinance. Chapter 2 of the zoning ordinance includes sections concerning each city board or commission with authority under the zoning ordinance, including the Historic and Cultural Landmarks Commissian and the Zoning• Commissian. Sections 25-71 through 25-77 of-the City Code concerning the Zoning Cammission are now included in Section 2.100 of the zoning ordinance. Sections 25-78 and 25-79 of the City Cnde cancerning the Landmarks Cammission are now included in Section 2.103 of the zoning ardinance. It is recommended that Sections 25-71 through 25-79 be repealed in order to avoid duplicating provisions of the zoning ordinance. Section 25-1 provides far a $100 application fee far conservation districts. However, Section 4.401 of the zoning ardinance concerning conservation districts states that the fee is equal to the fee for Historic and Cultural Landmarks Districts. Section 2~-1 of the City Code states that there is nn fee for "Historic and Cultural Subdistricts", which is an outdated reference to "Historic and Cultural Landmarks District". All references in the zoning ordinance to Historic and Cultural Subdistricts were replaced with references to Historic and Cultural Landmarks Districts several years ago. The attached ordinance would update the reference to Historic and Cultural Landmarks Districts, and state that na application fee is oharged for conservation districts. FISCAL }NFORMATION/CERTIFICATION: The Finance Director certifies that this amendment will have no material effect nn City funds. CB:j Submitted for City Manager's i'~IIeIU AGC®UIVT CEl®TTER AM®tJIWT CITY SIv~RETARX tDffice by: (to) ~ Charles Boswell 8S I t fl ~ 4' ~ ~ ~ Originating Department I;iead: . ~~ `;. Wade Adkins 7G23 (from) ~~ ~g~ ,f ~, .4dditinnai information Contact: r, ,~. ~~,. y ~.,. ~; F~,L.~~.n.~f Wade Adkins 7623 _ .~.. - t, e ~~` _ - _E .. , , ~,, ~.: , ,e.r e. ~ _.....~. .