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HomeMy WebLinkAboutOrdinance 17347-01-2007ORDINANCE NO. 17347-01 2007 AN ORDINANCE AMENDING CHAPTER 25, `PLANNING" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 25-1 TO ADD PROVISIONS FOR THE WAIVER OR REFUND OF FEES PER ADOPTED CITY POLICIES, PROVIDING THAT THIS ORDINANCE SHALL BE 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 COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That Chapter 25 of the Code of the City of Fort Worth, Texas (198b), 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} Fox services rendered, the following schedule of fees and charges is hereby adopted, provided, however that such fees may be waived or refunded by action of the City Council in accordance with policies adopted by the City Council. APPLICATION FEES (1) Zoning Board of Adjustment: (1) Variance: a. Residential (owner-occupied) $170 00* b Nonresidential .$340 00~` (2) Special exception $3b5 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. Preliminary plat: 1 Less than 75 acres .$615 00 2. 75 acres or more .$b15 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 36" $290 00 $310 00 $290 00* $310 00* (*Plus $15 00 per lot over 3 lots) (3) Re-plat (With Public Heanng) 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 appropnate county will be m 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(*)(**) b 1 5 acres $1 120 00* a. More than 5 acres $1 700 00* (2) Special zoning heanng by City Council .$340 00 2 (3) Zoning 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 Distract No Fee (8) 'CD" Conservation District $115 00 (9) Unified Residential Srte Plan (a) New• $560 00 (b) Revised. $280 00 (11) Variance Request to City Council $300 00 (12) Hearing Continuance $170 00 At applicant's request (after public notice) Re• Board of Adjustment, Plan Commission and Zoning 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 m this section has been paid, no petition shall be docketed with the Zoning 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 in this section has been paid. SECTION 2. 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 m 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 of this ordinance, and, as to such accrued violations and all pending litigation, both civil 4 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. publish this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52 013 SECTION 7 That the City Secretary of the City of Fort Worth, Texas is hereby directed to This ordinance shall take effect upon adoption and publication as required by law AS TO FORM AND LEGALITY By Assistant ADOPTED ~~1~' EFFECTIV 5 City of Fort Worth, Texas Mayor and Council Communication DISCUSSION Adoption of the attached ordinance will .provide for a waiver or refund of application fees per adopted City policies in Section 25 1 of the City Code which were erroneously omitted from previously adopted ordinances by the City Council In 1999 Ordinance Number 13767 Section 25 1 Application fees charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission of Chapter 25 of the City Code provided that fees for street and alley vacations may be waived or refunded by action of the City Council in accordance with a policy adopted by the City Council for the redevelopment of neighborhoods meeting certain criteria This language was omitted from later adopted ordinances adjusting the application fees. It is recommended that the City Council adopt the attached ordinance to correct the City Code to allow the City Council to waive or refund application fees as previously approved by the City Council under Section 25 1 in accordance with policies adopted by the City Council FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the adoption of this ordinance will have not material affect on City funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bar Originating Department Head Additional Information Contact: Logname 12WAIVERAPPLFEE Page 1 of 1