HomeMy WebLinkAboutOrdinance 21272-06-2014 i
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ORDINANCE NO.21272-06-2014
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AN ORDINANCE AMENDING THE COMPREHENSIVE 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 AMENDING CHAPTER 2,
"REVIEW BODIES" TO AMEND SECTION 2.101 "BOARD OF
ADJUSTMENT" TO PROVIDE THAT THE BOARD OF ADJUSTMENT
MAY HEAR APPEALS FROM THE HISTORIC AND CULTURAL
LANDMARKS COMMISSION, THE DOWNTOWN DESIGN REVIEW
BOARD AND URBAN DESIGN COMMISION; TO AMEND SECTION
4.101 "HISTORIC PRESERVATION OVERLAY DISTRICTS" TO
REVISE NOTICE REQUIREMENT FOR APPEALS AND TO AMEND
SECTION 5.137 "TELECOMMUNICATION TOWER AND STEALTH
TELECOMMUNICATION TOWER" TO REVISE REVIEW PROCESS
FOR STEALTH TELECOMMUNICATION TOWERS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE {
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WHEREAS, the City Code provides for appeals of decisions related to certificates of
appropriateness by the Historic and Cultural Landmarks Commission, the Downtown Design
Review Board and the Urban Design Commission to the Appeals Board; and
WHEREAS since 2006 the Appeals Board has heard seventeen cases from the Historic
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and Cultural Landmarks Commission and none from the Downtown Design Review Board and
Urban Design Commission; and
WHEREAS, on April 22, 2014 the City Council adopted Ordinance No. 20217-04-2014 ,
amending Chapter 7 to eliminate appeals from the Building Standards Commission to the
Appeals Board; and
WHEREAS, the City Council finds that with the elimination of the appeals from the
Building Standards Commission the Appeals Board will have an insufficient workload to sustain j
remaining as an appointed body; and
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WHEREAS, the City Council finds that the Board of Adjustment is the appropriate body
to hear appeals from Historic and Cultural Landmarks Commission, Downtown Design Review
Board and Urban Design Commission; and
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Sec.2.101 Board of Adjustment Revision 2014 Ordinance No.21272-06-2014
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS THAT:
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SECTION 1.
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Section 2.101, "Board of Adjustment," of Chapter 2 "Review Bodies," of Appendix A, I
the Zoning Ordinance is hereby amended to revise subsection A, "Creation and appointment", to
read as follows:
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Sec. 2.101. -Board of Adjustment.
A. Creation and appointment. There is hereby created a board of adjustment, consisting
of eighteen (18) regular members, divided into two (2) panels of nine (9) members each, all i
of whom shall be qualified electors 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 (1) of the following fields:
1. Law; !
2. Property development;
3. Building design;
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4. Mortgaging and financing;,or
5. Architecture with emphasis on historic preservation_
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SECTION 2.
Section 2.101, "Board of Adjustment," of Chapter 2 "Review Bodies," of Appendix A,
the Zoning Ordinance is hereby amended to revise subsection I, "Powers and Duties", to read as
follows:
Sec. 2.101. Board of Adjustment
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I. Powers and duties. The board of adjustment shall have the powers and exercise the duties of
a board of adjustment in accordance with Sections 211.008-211.011, Texas Local Government
Code. 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.
Sec.2.101 Board of Adjustment Revision 2014 Ordinance No.21272-06-2014
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1. Interpretation. To render an interpretation of those provisions of the Zoning Ordinance
where it is alleged that there is error in any order, requirement, decision or determination
made by an official in the administration of such provisions (see chapter 3, article 2). In
reaching its decision, the board of adjustment shall establish firm guidelines for future
administrative actions on like matters. (See chapter 5, article 2 concerning appeal of
denial of application for specialized certificate of occupancy.)
2. Special exception. To decide upon applications for special exceptions when the use or I
development is specifically authorized under the Zoning Ordinance subject to the I
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 and 8.
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). I
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.
SECTION 3.
Section 4.401, "Historic Preservation Overlay Districts ("HSE", "HC", "DD") of Chapter
4 "District Regulations" of Appendix A, the Zoning Ordinance is hereby amended to revise
subsection M.Lb. to revise the notice requirements to remove the requirement to notice in the �
official newspaper, to read as follows: y
Sec. 4.401. Historic Preservation Overlay Districts ("HSE", "HC", "DD")
M. Appeal; penalties j
1. Appeals Board
b. The Appeals Board shall schedule a hearing on such appeal within 30 days after
receipt of the notice of appeal, or as soon thereafter as is reasonably practicable. In considering
an appeal,the Appeals Board shall:
(note: no other changes to remaining language)
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Sec.2.101 Board of Adjustment Revision 2014 Ordinance No.21272-06-2014
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SECTION 4.
Section 5.137, "Telecommunications Tower and Stealth Telecommunication Tower," of
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Chapter 5 "Supplemental Use Standards," of Appendix A, the Zoning Ordinance is hereby
amended to revise subsection B.11. Board of Adjustment,to read as follows: 1
Sec. 5.137. Telecommunications Tower and Stealth Telecommunications Tower
B. Stealth Telecommunication Towers
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11. Board of Adjustment.
Except for stealth communication towers built under Section 5.137.B.3, the board of
adjustment shall review proposed designs considering the materials, colors, textures,
screening and landscaping designs of the equipment of the structure and any other
permitted structures to determine the visibility, aesthetic impact, and compatibility to the
surrounding natural or built environments.
SECTION 5.
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Appendix A, "Zoning Ordinance" of the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby amended to replace all references to "Appeals Board" with "Board of
Adjustment."
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SECTION 6.
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That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
affecting zoning and shall not repeal any of the provisions of such ordinances, except in those
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instances where provisions of such ordinances are in direct conflict with the provisions of this P
ordinance.
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SECTION 7.
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That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that have accrued at
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the time of the effective date of this ordinance; and as to such accrued violations, and all pending
Sec.2.101 Board of Adjustment Revision 2014 Ordinance No.21272-06-2014
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litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 8.
That 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,
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clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
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unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
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voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
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That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
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authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 10.
That this ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
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By:
Melinda Ramos, Assistant City Attorney 44ary K ys Fy retary
Adopted: June 3, 2014
Effective: oK-V�
Sec.2.101 Bo d of Adjustment Revision 2014 Ordinance No.21272-06-2014
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