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HomeMy WebLinkAboutOrdinance 17340-01-2007ORDINANCE NO. 17340-O1 2007 AN ORDINANCE AMENDING CHAPTER 25, "PLANNING" OF THE CODE OF THE CITY OF FORT WORTH (].986), AS AMENDED, TO ADD PREVIOUSLY ADOPTED FEES RELATED TO APPLICATIONS FOR A SPECIALIZED CERTIFICATE OF OCCUPANCY FOR SEXUALLY ORIENTED BUSINESSES AS SUBSECTION {13) AND TO RENUMBER SUBSECTIONS (13) AND (14) RELATED TO APPEALS FROM THE HISTORIC AND CULTURAL LANDMARKS COMMISSION AND DOWNTOWN DESIGN REVIEW BOARID TO SUBSECTIONS (14) AND (15); PROVIDING THAT THIS ORDINANCE SHALL SE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUI~TCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That Chapter 25 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by revising Section 25-1 to read as follows. Sec. 25-1 Application fees charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission. (a) For services rendered, the following schedule of fees and charges is hereby adopted. APPLICATION FEES (1) Zoning Board of Adjustment: (1) Variance: a. Residential (owner-occupied) $170 00* b Nonresidential .$340 00'~ (2) Special exception $365 00* a. Front Yard Carports $170.00 (3) Interpretation request $390 00 ~ Plus an additional fifty-five dollars ($55 00) for each additional variance or special exception requested in same application. (2) Plan Commission. (1) Plats. a. Concept plan $800 00 b Prehmmary plat: 1 Less than 75 acres $615 00 2. 75 acres or more $615 00* (*Plus $10 00 per each acre over 75 acres) Plat Size (2) Final Plat a. Fewer than 3 lots b 3 lots or more 18 24 24 x 36" $290 00 $310 00 $290 00* $310 00* (*Plus $15 00 per lot over 3 lots) (3) Re-plat (With Public Hearing) a. Fewer than 3 lots $415 00 $430 00 b 3 lots or more $415 00* $430 00* (*Plus $15 00 per lot over 3 lots) (4) Short Form Replat a. Fewer than 3 lots b 3 lots or more $290 00 $310 00 $290 00* $310 00* (*Plus $15 00 per lot over 3 lots) (5) Plat Vacation (6) Plat Correction $415 00 $55 00 $430 00 $70 00 Filing fees with the county Collection of filing fees for the appropriate county will be in addition to the fee rates above. (3) Vacations or Closures, ROW Emergency and Public access easements a. Street and alley vacations $615 00 b Public access or emergency easement vacation $370 00 c Community facilities contract fee $400 00 d. Street name change $620 00 (4) Annexation. a. 75 acres or less $620 00 b More than 75 acres $620 00* (*Plus $5 00 per acre over 75 acres) c Limited purpose annexation $2,700 00 (5) MTP Amendment 1 Master Thoroughfare Plan Change $615 00 (6) Zoning Commission. (1) Zoning application. a. Less than 1 acre $840 00(*)(**) 2 b 1 5 acres $1 120 00* a. More than 5 acres $1 700 00* (2) Special zoning hearing by Crty Council $340 00 (3) Zomng Verification Letter $20 00 (3) Planned Development (PD) Site Plan. .$730 00* Notes Designated fee shall be twice the amount shown when double noticing and special City Council consideration is required or requested, apart from the normal processing schedule. Double Fee extra charge is not exempt of incentive programs granted to the project. For application requests of less than 1 acre in size, when down- zoning to one or two family districts that is consistent with the most current adopted Comprehensive Plan, a fee of $390 00 is required. (7) 'HC Historic and Cultural Landmarks District No Fee (8) 'CD" Conservation District $115 00 (9) Unified Residential Site Plan (a) New• $560 00 (b) Revised. $280 00 (11) Variance Request to Crty Council $300 00 (12) Hearing Continuance $170 00 At applicant's request (after public notice) Re• Board of Adjustment, Plan Commission and Zomng Commission public hearings. (13) Application for Specialized Certificate of Occupancy related to Sexually Oriented Businesses a. New• $600 b Amended, modified, renewal or transfer $300 (14) Historic and Cultural Landmarks Commission, for appeal hearing before Appeals Board. $295 00 (15) Downtown Design Review Board, for appeal hearing before Appeals Board. .$295 00 (b) No final approval of a plat shall be given by the Plan Commission of the city unless and until a receipt is furnished the secretary of such commission showing that the fee provided for in this section has been paid, no petition shall be docketed with the Zomng Commission of the city unless and until a receipt has been furnished to the secretary of such commission showing that the fee provided for m this section has been paid, and no application for relief shall be docketed with the Board of Adjustment of the city unless and until a receipt is furnished the secretary of such board showing that the fee provided for m this section has been paid. SECTION 2. 3 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, m 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 ~unsdiction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 Ordinance No 13896 or any other ordinances affecting zoning which have accrued at the time of the effective date 4 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 6. That the Crty Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days m the official newspaper of the Crty of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 7 This ordinance shall take effect upon adoption and publication as required by law APPROV AS TO FORM AND LEGALITY By ~~~/` --e-~-L ~~- Assistant City torney ADOPTED ~~ ~~©~ EFFECTIVE 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 1/9/2007 Ordinance No 17340-01 2007 DATE Tuesday January 09 2007 LOG NAME 12DEVAPPLFEES REFERENCE NO *G-15552 SUBJECT Adoption of Ordinance to Include Previously Adopted Fees fora Specialized Certificate of Occupancy Related to Sexually Oriented Businesses and to Renumber Subsections in Section 25 1 Application Fees Charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission of Chapter 25 of the City Code RECOMMENDATION It is recommended that the City Council adopt the attached ordinance to provide for previously adopted fees for a Specialized Certificate of Occupancy related to Sexually Oriented Businesses and to renumber subsections in Section 25 1 Application fees charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission of Chapter 25 of the City Code DISCUSSION Adoption of the attached ordinance will include adopted fees for a Specialized Certificate of Occupancy related to Sexually Oriented Businesses in Section 25 1 of the City Code which were erroneously omitted from previously adopted ordinances by the City Council In 2004 the City Council adopted Ordinance Number 16161 amending Section 25 1 Application fees charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission of Chapter 25 of the City Code increasing the fees for applications including subsection (13) related to fees for a Specialized Certificate of Occupancy related to Sexually Oriented Businesses On March 7 2006 the City Council adopted Ordinance Number 16844-03-2006 amending Section 25 1 to add fees for appeals of decisions by the Historic and Cultural Landmarks Commission and the Downtown Design Review Board as subsections (13) and (14) omitting subsection (13) for fees related to sexually oriented businesses. As a result of the Zucker Study the City Council adopted Ordinance Number 17200-09-2006 on September 26 2006 to increase certain fees for Development Application Services in the Development Department, including fees related to annexation zoning plats variances and sexually oriented businesses. However Ordinance Number 17200 did not include the previously adopted fees for appeals of decisions of the Historic and Cultural Landmarks Commission and the Downtown Design Review Board The current City Code includes the fees for appeals from the Historic and Cultural Landmarks Commission and the Downtown Design Review Board but does not include the previously adopted fees for a Specialized Certificate of Occupancy related to Sexually Oriented Businesses. It is recommended that the City Council adopt the attached ordinance to correct the City Code to include the fees for Specialized Certificate of Occupancy related to Sexually Oriented Businesses as previously approved by the City Council and to renumber the subsections accordingly Logname 12DEVAPPLFEES Page 1 of 2 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material affect on City funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office by Dale Fisseler (6266) Originating Department Head. David Yett (7623) Additional Information Contact: Sarah Fullenwider (7619) Logname 12DEVAPPLFEES Page 2 of 2