HomeMy WebLinkAboutOrdinance 15832ORDINANCE NO. ~ ~J~
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 SECTION 2.104
`DOWNTOWN DESIGN REVIEW BOARD" TO INCREASE THE
MEMBERSHIP OF THE BOARD TO FIVE MEMBERS, TO AMEND
SECTION 4.1200 TO ALLOW APPLICATIONS FOR BUILDING
PERMITS TO RUN CONCURRENTLY WITH AN APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS, TO REQUIRE A
CERTIFICATE OF APPROPRIATENESS FOR THE RENOVATION,
REMODELING, OR OTHER ALTERNATIONS FOR ALL FLOORS OF
AN EXISTING STRUCTURE, THE WALKWAY AREAS AND
LANDSCAPING PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING
A PENALTY CLAUSE PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 14894 on December 11 2001
establishing the Urban Design District Downtown and adopting design standards applicable to
certain development projects m the downtown area,
WHEREAS, the Downtown Design Review Board, composed of three regular members
and three alternates, was established to review applications for Certificates of Appropriateness
for downtown development projects subject to the design standards;
WHEREAS, limiting the membership to three regular members has created quorum and
voting difficulties;
WHEREAS, Ordinance No. 14894 provides that a Certificate of Appropriateness is only
required for the renovation, remodeling or other alternation of the first and/or second floor but is
required as a condition for the acceptance of an application for a building permit;
WHEREAS, remodeling, renovation or other alterations of floors above the second floor
can have a direct impact on the renovation of the whole building and adjacent structures;
WHEREAS, sidewalks, lighting, furniture and landscaping are an integral part of
building design and have an effect on pedestrian circulation and the overall appearance of a
project but are not currently part of the Board s review
WHEREAS, Ordinance No 14894 provides that the Development Department may not
accept an application for a building permit until the Board issues a Certificate of
Appropriateness,
WHEREAS, in order to avoid delays in construction projects, the acceptance of an
application for a building permit needs to run concurrently with the application for a Certificate
of Appropriateness,
WHEREAS, it is advisable to amend the current ordinance to expand the membership to
five regular members and one alternate; to allow the acceptance of a building permit
concurrently with a Certificate of Appropriateness and to allow the Downtown Design Review
Board to review sidewalks, lighting, furniture, landscaping and all new construction and certain
renovations of property beyond the second floor under the Downtown Urban Design Guidelines.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 2 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is
hereby amended to amend Subsection A of Section 2.104 `Downtown Design Review Board" to
increase the membership from three members to five regular members and one alternate member
to read as follows.
2.104 Downtown Design Review Board
A. Creation and appointment
There is hereby created a Downtown Design Review Board, to be
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composed of five qualified electors of the Crty of Fort Worth and one
alternate member
The board shall include a mimmum of one regular member from each of
the following categories. archrtect/design professional, downtown
business owner/manager and real estate professional. The alternate
member shall serve when regular board members are unable to attend and
appointment shall rotate from each of the following categories.
archrtect/design professional, downtown business owner/manager and real
estate professional.
SECTION 2.
Chapter 4 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is
hereby amended to amend Subsections E and H of Section 4 1200 `Urban Design District
Downtown to read as follows.
E. Certificate of Appropriateness Required
1 Within the Urban Design District Downtown, issuance of a certificate
of appropriateness reflecting compliance with Sections 2 through 5 of
the Downtown Urban Design Standards is required as a condition for
the following:
a. Issuance by the Development Department of a building permit
for construction of a new structure;
b Issuance by the Development Department of a building permit
for expansion of an existing structure;
c. Issuance by the Development Department of a building permit
for renovation, remodeling or other alterations of the exterior
of an existing structure; and
d. Construction of a surface parking lot.
2. Applications for a building permit may be submitted m conjunction
with an application for a certificate of appropriateness, however no
building permit shall be issued for construction, expansion, renovation,
remodeling or other alterations on any building within the Urban
Design District Downtown until a certificate of appropriateness
reflecting compliance with Sections 2 through 5 of the Downtown
Urban Design Standards is approved by the Downtown Design Review
Board and issued by the Development Department.
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H. Authority to Approve Certificate of Appropriateness
1 Approval of requirements concerning walkway areas, landscape,
building edge and signs and banners, contauned in Sections 2, 3 4
and 5 of the Downtown Urban Design Standards shall be by the
Downtown Design Review Board. Meetings of the Downtown
Design Review Board shall be conducted in accordance with
Section 2.104
SECTION 3.
Exhibit B.16 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is
hereby amended to replace the current exhibit with a revised exhibit in order to reflect the new
boundaries of the Urban Design District- Downtown as more fully described in Section 41200 B
entitled `Boundaries of the Urban Design District Downtown.
SECTION 4.
Except as expressly amended, ail provisions of the Ordinance No 13896, as amended,
shall remain in full force and effect.
SECTION 5.
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 6.
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 }urisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
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ordinance, since the same would have been enacted by the Crty Council without the
incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7
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 ($2,000 00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 8.
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. 3011 Ordinance No 13896, or any other
ordinances affecting zoning 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 and criminal, whether
pending m court or not, under such ordinances, same shall not be affected by this ordhnance but
maybe ;prosecuted until final disposition by the courts.
SECTION 9
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 in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local
Government Code.
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SECTION 10.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
C~u-~- u.c ~~.
Assistant Cit orney
ADOPTED /-" ~3 '~ ~
EFFECTIVE. ~ .- ~ 1 ~ hJ `'t