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HomeMy WebLinkAboutOrdinance 15140ORDINANCE NO. ~ Jc f ~~ 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 SUBSECTION A, "SUBMITTAL OF PROPOSED GUIDELINES" AND SUBSECTION B, "ADOPTION BY HISTORIC AND CULTURAL LANDMARKS COMMISSION" OF SECTION 4.505, "ADOPTION OF DESIGN GUIDELINES FOR LANDMARKS AND DISTRICTS" TO REQUIRE THE RECOMMENDATION OF THE ZONING COMMISSION AND APPROVAL OF CITY COUNCIL FOR ALL DESIGN GUIDELINES; AMEND SUBSECTION D, "MODIFICATION OR INVALIDATION OF GUIDELINES" OF SECTION 4.505, TO REQUIRE ANY MODIFICATIONS OF THE GUIDELINES TO BE APPROVED BY CITY COUNCIL; 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 approval of design guidelines for a Historic and Cultural Landmark or District requires only the approval of the Historic and Cultural Landmarks Commission within sixty days after the designation of the property as a Historic and Cultural Landmark, Historic and Cultural Landmarks District or Highly Significant Endangered by the City Council, and WHEREAS, the City Council desires to amend to ordinance to provide City Council review of design guidelines for each proposed designation, 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 City of Fort Worth, Subsection A. "Submittal of Proposed Guidelines" of Section 4.505, "Adoption of Design Guidelines for Landmarks and Districts", is amended by deleting the language in Subsection 1 for Highly Significant Endangered structures in its entirety Subsection A of Section 4.505 shall read as follows. 4.505 A. Submittal of Proposed Guidelines When application is made by the owner or owners for the designation of a Historic and Cultural Landmark, Historic and Cultural Landmarks District or Highly Significant Endangered, whether an individual structure or a district, the owner or owners shall submit with the application a set of proposed design guidelines following the principles set forth in the Secretary of the Interior's Standards for Rehabilitation. The guidelines shall be prepared by the applicant with the assistance of the Historic Preservation Officer The owners of property nominated for designation as a Historic and Cultural landmark or an Historic and Cultural Landmarks District by the Historic and Cultural Landmarks Commission, City Council or the City Manager shall cooperate with the Historic Preservation Officer in the preparation of design guidelines for such property The guidelines shall be used by the property owner or owners and the City's administrative staff in implementing the intent and purpose of this article. SECTION 2. Chapter 4, Article 5, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Subsection B "Adoption by Historic and Cultural Landmarks Commssion" of Section 4.505, "Adoption of Design Guidelines for Landmarks and Districts" is amended by requiring the review and recommendation of the design guidelines by the Zoning Commission and approval by the City Council to read as follows. 4.505 B. Adoption by City Council 1 Historic and Cultural Landmarks Commission Hearing. Upon approval of the designation of a property as Historic and Cultural Landmark, Historic and Cultural Landmarks District or Highly Significant Endangered, the Historic and Cultural Landmarks Commission shall review the design guidelines and shall approve the same, with or without modifications, at the public hearing on the proposed designation. In reviewing guidelines for approval, the Historic and Cultural Landmarks Commission shall avail itself of all information necessary from staff and other sources. 2. Zoning Commission Hearing. Upon recommendation of the Historic and Cultural Landmarks Commission, the proposed guidelines shall be submitted along with the proposed 2 designation to the Zoning Commission. The Zoning Commission shall conduct a public hearing on the proposed design guidelines in the same manner and according to the same procedures for the designation of property as set forth in Chapter 4, Article 5 3. City Council Hearing. Upon approval by the City Council of the designation of a property as Historic and Cultural Landmark, Historic and Cultural Landmarks District or Highly Significant Endangered, the Council shall review the design guidelines and shall approve the same, with or without modifications, at the public hearing on the proposed designation. The City Council shall give notice and conduct its hearing on the Historic and Cultural Landmarks Commission's recommendation concerning the proposed design guidelines in the same manner and according to the same procedures for the designation of property as set forth in Chapter 4, Article 5 Copies of the approved guidelines shall be on file in the Development Department and in the office of the Historic Preservation Officer SECTION 3. Chapter 4, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Subsection D "Modification or Invalidation of Guidelines" of Section 4.505, "Adoption of Design Guidelines for Landmarks and Districts" is amended by requiring any modification or invalidation of the guidelines to be reviewed by the Zoning Commission and approved by the City Council to read as follows. 4.505 D. Modification or invalidation of guidelines. Design guidelines may be reviewed and modified by the City Council when requested by a property owner within the district or by City staff Any modification of adopted design guidelines must be approved by the City Council following the same procedures used for promulgation of the original guidelines. The Board of Adjustment shall not have jurisdiction to grant any variance from design guidelines. Invalidation of any portion of the guidelines shall not affect the validity of any other portion. SECTION 4. 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, 3 except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. - 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 evil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. 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 7. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: David e t, City Attorne By ~~ ~G~- Assista t rty Attorney Adopted. ~ Effective 4