HomeMy WebLinkAboutOrdinance 15872ORDINANCE NO
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 CHAPTER 4,
ARTICLE 7 `RESIDENTIAL DISTRICTS" TO AMEND THE
PROPERTY DEVELOPMENT STANDARDS FOR ONE-FAMILY
AND TWO-FAMILY RESIDENTIAL DISTRICTS TO ALLOW
RECONSTRUCTION OF EXISTING ACCESSORY BUILDINGS IN
SIDE AND REAR SETBACKS, 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 Zomng Board of Adjustment has a responsibility to apprise the
City Council of potential problems with the Zomng 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 in 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 City Council desires to amend the Zomng Ordinance to allow
the reconstruction of structures m existing setbacks, 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 4 Article 7 of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, `Residential Distracts" is hereby amended to amend Subsection D `Other
Development Standazds" for residential distracts m Section 4 700 One-Family ("A
2.SA ') Distract; Section 4 701 One-Family ("A-43 ') Distract; Section 4 702, One-Family
("A 21 ') Distract; Section 4 703 One-Family ("A 10") District; Section 4 704 One
Family ("A 7.5") District; Section 4 705 One-Family ("A 5") District; Section 4 706,
One-Family Restricted ("AR') Distract; Section 4 707 Two-Family ("B") Distract;
Section 4 708 Zero Lot Line /Cluster ("R1 ') Distract; Section 4 709 Townhouse/Cluster
("R2") Distract) to add a new provision entitled `Reconstruction of Nonconforming
Accessory Buildings" to allow the reconstruction of non conforming damaged or
destroyed buildings to read as follows.
D Other Development Standazds
6 Reconstruction of Nonconforming Accessory Buildings.
A nonconforming accessory building that is damaged by fire, the
elements, or other cause beyond the control of the owner may be
repaired or reconstructed m the same reaz and side yazd setbacks
provided the construction is hmrted to the identical footprant
(replacement of the foundation is allowed), the building is the
same design, height and roof pitch (use of different materaal is
allowed) and the owner or an agent obtains a building permit to
repair the structure within six months after the damage date. The
owner shall have the burden of proof to establish the damage date.
All other provisions of Subsection D `Other Development Standards" of Chapter
4 Article 7 `Residential Distracts" shall remain m full force and effect.
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SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City 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 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 cnmmal, same shall not be affected by
this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 4.
That rt 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
~unsdiction, 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.
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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 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
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
B ~~-- ~ ~
Assistan ty Attorney
Adopted. o'~ ^ G C~ -~ d ` f
Effective: ~' ~ ~-_~~ l~ -'
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