HomeMy WebLinkAboutOrdinance 17698-08-2007ORDINANCE NO 17698-08-2007
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 AMENDING SUBSECTION E
`NONCONFORMING ONE-FAMILY CARPORT" OF CHAPTER
7.107 `SPECIFIC NONCONFORMING USES" OF CHAPTER 7
`NONCONFORMITIES" BY AMENDING SECTION 7.107E TO
PROVIDE FOR, UNDER CERTAIN CIRCUMSTANCES, THE
CONTINUED USE OF FRONT YARD CARPORTS CONSTRUCTED
ON RESIDENTIAL ONE AND TWO FAMILY LOTS PRIOR TO
SEPTEMBER 1, 2004, PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS
CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on March 23 2004 the City Council approved Ordinance Number
15927 providing extended setbacks for side and rear carports under certain
circumstances and allowing front yard carports by special exception by the Board of
Adjustment; and
WHEREAS since the passage of Ordinance Number 15927 the Board of
Adjustment has approved 76 special exception applications for front yard carports
constructed before January 18 2003 and
WHEREAS due to number of approved special exceptions and the lack of
opposition from adjacent neighbors and affected neighborhoods, the City Council
.instructed city staff to bung forward for their consideration, amendments to the City
Code that would provide for under certain circumstances, the continued use of front yard
carports constructed on residential one family and two-family lots prior to January 2003
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Subsection E, `Nonconforming One Family Carport" of Section 7 107 `Specific
Nonconforming Uses" of Chapter 7 `Nonconformrties" of Ordinance No 13896 the
Zoning Ordinance of the City of Fort Worth, is hereby amended to provide for the
continued use of certain existing carports to read as follows
Sec. 7 107 Specific nonconforming uses.
E. Nonconforming One Family or Two-Family Carports
Notwithstanding any provisions m the Ordinance to the contrary any carport which
was added to the front of a one family or two-family residence before January 18,
2003 has verified by aerial photos from January 1 2003) shall be deemed legal
nonconforming and may continue to exist subject to the following:
a. The owner of the property applied for a special exception from the Board of
Adjustment prior to September 1 2004 and
b An application for a building permit for the front yard carport on the property
is filed with the Crty prior to March 1 2008 and
c The building permit for the front yard carport is finaled by the Crty no later
than one year after the application date of the initial filed building permit
unless an extension of time to receive the finaled building permit is approved
by the Planning and Development Director or his/her designee.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the Crty 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, in
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 Crty Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
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phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the vahd~udgment 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 in 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 vv~th 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 5.
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 effective date of this ordinance and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending m 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.
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 m the
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official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas
Local Government Code.
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
~~ ~P ~~
Assistant City ttQorney
ADOPTED• O~~'~~
EFFECTIVE ~ oC
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