HomeMy WebLinkAboutOrdinance 14985J~-''.1-02 Aug ' 1 i ~V
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ORDINANCE 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 SUBSECTION A,
"NOMINATIUN" OF SECTION 4.503, "PROCEDURE FOR
DESIGNATION OF PROPERTY", TO ALLOW A NOMINATION FOR
DESIGNATION OF AN AREA AS A HISTORIC AND CULTURAL
LANDMARKS DISTRICT BY THE OWNERS OF FIFTY PERCENT OR
MORE OF THE INDIVIDUAL TRACTS, PARCELS OR PLATTED LOTS
IN THE PROPOSED DISTRICT AND FIFTY PERCENT OR MORE OF
THE LAND AREA IN THE PROPOSED DISTRICT; AMENDING
SUBSECTION A "APPLICATION FOR REMOVAL OF DESIGNATION"
OF SECTION 4.504, "PROCEDURE AND CRITERIA FOR REMOVAL
OF DESIGNATION" TO REQUIRE SIGNATURES BY THE OWNERS OF
FIFTY PERCENT OR MORE OF THE INDIVIDUAL TRACTS,
PARCELS OR PLATTED LOTS IN THE DISTRICT AND FIFTY
PERCENT OR MORE OF THE LAND AREA IN THE DISTRICT TO
SUBMIT AN APPLICATION TO REMOVE A DESIGNATION,
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 designation of a Historic and Cultural Landmarks
District requires a petition signed by the owners of at least 66 2/3 percent of the property to be
located wrthm the boundaries of the proposed district; and
WHEREAS, the current procedure for the removal of a designation of a Historic and
Cultural Landmarks District requires a petition signed by the owners of at least 66 2/3 percent of
the property to be located within the boundaries of the proposed district; and
WHEREAS, the current procedure for initiating rezoning of an area to comply with the
Comprehensive Plan requires the submittal of a petition signed by the owners of 50 percent or
more of the affected property and SO percent or more of the affected tracts, parcels or platted lots,
WHEREAS, the 50/50 requirement is a more equitable way of nominating a Historic and
Cultural Landmarks District or seeking removal of a Historic and Cultural Landmarks District
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. "Nomination" of Section 4 503, "Procedures for Designation of Property",
is amended by requiring a nomination for designation of an area as a Historic and Cultural
Landmarks Distract to be signed by the owners of 50 percent or more of the individual tracts,
parcels or platted lots and 50 percent or more of the land area in the proposed district, to read as
follows
4.503 A. Nomination
Property may be nominated for designation as Highly Significant Endangered,
Historic and Cultural Landmark, Historic and Cultural Landmarks District or Demolition
Delay by the City Manager, the City Council, the Historic and Cultural Landmarks
Commission or the owner or an authorized representative. Nominations shall be
submitted to the Historic Preservation Officer Nomination by the City Council or the
Historic and Cultural Landmarks Commission shall be in the form of a resolution
requesting that the Historic Preservation Officer submit the nomination to the Historic
and Cultural Landmarks Commission. Nomination by the City Manager or the owner
shall be by completion of a nomination form promulgated by the Planning Department.
No nomination fee shall be charged. A nomination for designation of an area as a
Historic and Cultural Landmarks District submitted by the property owners must be
signed by the owners of: (1) fifty percent (50%) or more of the individual tracts, parcels
or platted lots to be located within the boundaries of the proposed district; and (2) fifty
percent (50%) or more of the land area to be located within the boundaries of the
proposed district. Two or more platted lots developed together shall be counted as one
lot. Each vacant platted lot of sufficient size to be developed under the current zoning
designation for the property shall be counted as one lot.
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SECTION 2.
Chapter 4, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Subsection A. "Application for Removal of Designation" of Section 4 504, "Procedures
and Criteria for Removal of Designation", is amended by requiring an application for removal of
a designation of an area as a Historic and Cultural Landmarks District to be signed by the
owners of 50 percent or more of the individual tracts, parcels or platted lots and 50 percent or
more of the land area in the area currently designated as a district to read as follows
4.504 A. Application for Removal of Designation
Application for removal of the Highly Significant Endangered, Historic and
Cultural Landmark, Historic and Cultural Landmarks District or Demolition Delay
designation shall be submitted to the Historic Preservation Officer Application may be
r made by the property owner or an authorized representative, the Crty Manager, the
Historic and Cultural Landmarks Commission or the City Council. The same procedure
that is followed in designation of such categories shall apply to removal of the
designation, including consideration by the Historic and Cultural Landmarks
Commission, the Zoning Commission and the Crty Council. All owners of an individual
site or structure must sign the application for removal. Applications for removal of a
Historic and Cultural Landmarks Distract designation shall be signed by the owners of:
(1) fifty percent (50%) or more of the individual tracts, parcels or platted lots located
within the boundaries of the district; and (2) fifty percent (50%) or more of the land area
located within the boundaries of the district. Two or more platted lots developed together
shall be counted as one lot. Each vacant platted lot of sufficient size to be developed
under the current zoning designation for the property shall be counted as one lot.
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the Crty of Fort Worth
affecting zoning and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are m direct conflict with the provisions of this
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ordinance.
SECTION 4
That all rights or remedies of the Crty 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
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litigation, both civil or cnmmal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
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 Iudgment 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 Crty Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
David Y tt City Attnorn~ey
Assistant Crty Attorney
ADOPTED AND EFFECTIVE t,1- I ~ `-O ~.
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