HomeMy WebLinkAboutOrdinance 15824ORDINANCE NO 15824
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 SECTION 3.400, OF
ARTICLE 4 `VARIANCES TO PERMIT ADMINISTRATIVE
VARIANCES, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING
A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the Zoning Board of Adjustment has a responsibility to apprise the
Crty Council of potential problems with the Zoning Ordinance; and
WHEREAS, there are large numbers of recurnng requests for specific types of
variances that routinely generate the need for variance requests from the Board of
Adjustment; and
WHEREAS many of these requests are routinely approved by the Board of
Adjustment with little debate; and
WHEREAS, a subcommittee of the Board of Adjustment has recommended
some modest changes m the Zomng Ordinance in order to reduce the number of routine
appeals filed by the public, processed by the staff and heard by the Board, and
WHEREAS, the Crty Council desires to amend the Zoning Ordinance to provide
for administrative vanances, and
WHEREAS, the intent of the following changes is to minimize the need for
variance requests for those zoning provisions that are customarily approved by the Board of
Adjustment;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS
SECTION 1
Chapter 3 Article 4 of Ordinance No 13896, the Zoning Ordinance of the Crty
of Fort Worth, Section 3 400 Application Required" is amended to allow staff approval
of variance requests that are the lesser of ten percent of a specification or one
linear/square foot to read as follows.
Sec. 3 400 Application Required
A. Every application for a variance, other than those addressed m
subsection B below shall be filed with the board of adjustment, m
accordance with the board of adjustment's established rules of
procedure. An application maybe filed by the owner of property or an
authorized agent, or by the development department upon
recommendation of the zomng commission, plan commission, board of
adjustment or city council.
B The Director of Development, or a designee, may approve requests to
vary from the standards of this zomng ordinance provided the requests
are the lesser of ten percent (10%) of the applicable specification or
one linear footlone square foot.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the Crty of Fort
Worth affecting zomng and shall not repeal any of the provisions of such ordinances,
except m those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 3.
That all nghts 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 the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or cnminal, same shall not be affected by
this ordinance but maybe prosecuted until final disposition by the courts.
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SECTION 4.
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, 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 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 5.
That 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 Two Thousand Dollars ($2000 00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
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 authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 7
That this ordinance shall be m full force and effect from and after the date of its
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passage and publication as required by law and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
By ~ =~- ~-c__
Assistant Attorney
ADOPTED I`" ~~~~~ ``~'
EFFECTIVE. I J~~
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