HomeMy WebLinkAboutOrdinance 17290-11-2006ORDINANCE NO 17290-11 2006
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, TO AMEND SECTIONS 4.503
`PROCEDURES FOR DESIGNATION OF PROPERTY" AND 4.507
`CERTIFICATES OF APPROPRIATENESS" OF ARTICLE 5
`HISTORIC PRESERVATION OVERLAY DISTRICTS (`HSE,
`HC, `DD')" TO AMEND PROVISIONS PROVIDING FOR
NOTICE TO PROPERTY OWNERS OF PUBLIC HEARINGS,
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING
FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
WHEREAS, the current procedure for notice to property owners of pending
nomination as Highly Significant Endangered, Historic and Cultural Landmark, Historic
and Cultural Landmark district, and Demolition Delay by the Historic and Cultural
Landmarks Commission is by certified mail, return receipt requested, and
WHEREAS, this is a local government requirement and is not required by any
other local, state, or federal regulation for the rezomng of property and
WHEREAS, this requirement provides an economic burden to the Crty for the
designation of multiple properties,
WHEREAS, there are no existing provisions within the Zoning Ordinance to
provide notice of public hearings regarding certificates of appropriateness to adjacent
property owners for the Historic and Cultural Landmarks Commission,
WHEREAS, work proposed for a certificate of appropriateness may impact
adjacent property owners during construction,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS
SECTION 1
Chapter 4 Article 5 of Ordinance No 13896 the Zoning Ordinance of the Crty
of Fort Worth, Subsection B `Notice of Nomination of Section 4 503 `Procedures for
Designation of Property" is amended to delete the provision for notice of nomination to
property owners shall be by certified mail, return receipt requested, to read as follows
4.503 Procedures for Designation of Property
B Notice of nomination. Upon receipt of a nomination, the historic
preservation officer or a designee shall prepare a notice of nomination,
which shall be mailed to the owner or owners of the property at least ten
days prior to the historic and cultural landmarks commission hearing
described below Such notice may be served by depositing the same,
properly addressed and postage paid, in the United States Mail. In the case
of nomination for an historic and cultural landmarks district, a notice of
nomination shall be mailed to each individual owner of property within such
district m accordance with this article. The most recently approved
municipal tax roll showing the name and address of the owner shall be used
for this purpose The notice of nomination shall include the following
information.
1 A description of the structure or site proposed for nomination,
2 The proposed category of protection and the criteria on which the
nomination is based,
3 A description of the benefits, restrictions and other terms of the
proposed designation, including without hmrtation tax mcenhves and
restrictions on demolition and rehabilitation,
4 The time, place and date of the public hearing by the historic and
cultural landmarks commission to consider such designation,
5 A statement of the stay of actions after nomination provided for in
paragraph C below and
6 A form on which the owner may explain the reasons why the
nomination should be approved or denied.
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SECTION 2.
Chapter 4 Article 5 of Ordinance No 13896, the Zoning Ordinance of the Crty
of Fort Worth, Subsection G `Procedures for Work Other Than Demolition or Relocation
of Section 4 507 `Certificates of Appropriateness" is amended to add new Subsection 2
with language requiring notice to owners of property within 200 feet of a subject property
and to renumber existing Subsections 2, 3 4 and 5 to Subsections 3 4 5 and 6 to read as
follows
4.507 Certificates of Appropriateness.
2. Notice to owners of adjacent property Upon receipt of a complete
application for a certificate of appropriateness, the historic preservation
officer or a designee shall prepare a notice of public hearing, which shall
be mailed to the owner or owners of property located within a distance of
200 feet of the property listed within the application, at least ten days prior
to the historic and cultural landmarks commission hearing described
below Such notice may be served by depositing the same, properly
addressed and postage paid, m the United States Mail.
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the Crty of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except m those instances where provisions of such ordinances are m direct conflict with the
provisions of this ordinance
SECTION 4.
That all rights or remedies of the Crty 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 the time of the effective date of this ordmance• and as to such accrued
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violations, and all pending litigation, both civil or criminal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5
That rt 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
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstrtuhonalrty 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 Crty Council without the incorporation herein of any
such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
David Yett, Crty Attorney
By~ Q-
Assistant Crty Attorney
Adopted. ~ _ _~ ~
Effective .
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