HomeMy WebLinkAboutOrdinance 16000ORDINANCE 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, 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 SIDE AND REAR CARPORTS
CONSTRUCTED PRIOR TO JANUARY 18, 2003 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, the current Zoning Ordinance does not allow carports beyond the
front building line and outside the side and rear yard set backs of the applicable distract;
WHEREAS, the Development Department accepts a high volume of applications
for variances from the standards m the Zoning Ordinance regarding carports,
WHEREAS, a large number of requests for variances from front and side yard
setback requirements are denied by the Board of Adjustment, including cases where
carports have been in existence for many years and m instances where carports are
constructed without permits,
WHEREAS, on June 3 2003 the City Council approved Council Proposal 228
creating a moratorium on the enforcement of citations and the acceptance of requests for
variances relating to carports,
WHEREAS, on August 19 2003 the City Council Housing and Workforce
Development Committee recommended that a citizen task force be formed to study the
issues regarding carports and bring back to the Committee recommendations for
amendments to the regulations and a proposal for an amnesty program,
WHEREAS, on September 23 2003 the City Council extended the moratorium
an additional 180 days to allow the citizen task force further time to review the issues and
to hold public forums to present their findmgs to the citizens of Fort Worth,
WHEREAS, the task force and city staff held public forums at the Diamond Hill
Center on January 8, the Greenbriar Center on January 12 and the McCray Center on
January 15 2004 to present the findmgs of the task force and to receive input from the
neighborhoods,
WHEREAS, the task force found that to allow carports by right m the established
building setbacks could create a negative visual impact on neighborhoods, but denying all
carports could unfairly penalize certain socioeconomic groups within the city
WHEREAS, the task force concluded that locating carports behind and beside the
house provides for the least visual impact while front yard carports have the greatest
impact on surrounding properties and the character of the neighborhood,
WHEREAS, on March 23 2004 the Crty 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;
WHEREAS, the City Council instructed city staff to bring forward for their
consideration, amendments to the City Code that would provide for under certain
circumstances, the continued use of side and rear carports constructed on residential one
family and two-family lots prior to January 18, 2003
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
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SECTION 1
Subsection E, `Nonconforming One-Family Carport" of Section 7 107 `Specific
Nonconforming Uses" of Chapter 7 `Nonconformities" of Ordinance No 13896, the
Zoning Ordinance of the Crty of Fort Worth, is hereby amended to provide for the
continued use of certain existing carports to read as follows
Sec. 7107 Specific nonconforming uses.
E. Nonconforming one-family and two-family carport.
a. Notwrthstandmg any provisions m this ordinance to the contrary
any carport that encroached into the required side or rear yard
setback of a one family or two-family residence before January 18,
2003 that obtained a building permit from the Development
Department pnor to September 1 2004 shall be deemed
nonconforming and may continue to exist.
SECTION 2.
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 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 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~udgment or decree of any court of competent~unsdiction, such
unconstrtutionahty shall not affect any of the remaining phrases, clauses, sentences,
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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 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 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 maybe 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
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas
Local Government Code.
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SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
Assistant City Atto ey C~
ADOPTED• ~ d ~U
EFFECTIVE ~~