HomeMy WebLinkAboutOrdinance 12610.. i
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ORDINANCE NO. ,~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO.
3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING
SECTION 2-H, "'PD' PLANNED DEVELOPMENT DISTRICT", BY ADDING
ANEW SUBSECTION 2-H.1.20 TO PROVIDE THAT HALFWAY HOUSES
ARE PERMITTED ONLY IN "PD" PLANNED DEVELOPMENT DISTRICTS
AND TO ENACT REQUIREMENTS FOR ESTABLISHMENT AND
EXPANSION OF HALFWAY HOUSES; AMENDING SECTION 1,
"DEFINITIONS", BY AMENDING THE DEFINITION OF "HALFWAY
HOUSE"; REPEALING SECTION 9A, "'F-R' RESTRICTED COMMERCIAL
DISTRICT", SUBSECTION 9A.A.30, PERMITTING HALFWAY HOUSES 1F
LOCATED MORE THAN 500 FEET FROM CERTAIN RESIDENTIAL
DISTRICTS, REPEALING SECTION 20, "BOARD OF ADJUSTMENT",
SUBSECTION C.43 PERMITTING HALFWAY HOUSES IN "CR", "C" AND
"D" DISTRICTS WITH A SPECIAL EXCEPTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Section 2-H, "'PD' Planned Development District", of Ordinance No 3011, the
Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby
amended by adding Subsection 2-H 120, as follows
20 Halfway houses
a) The applicant shall submit the following information to the Department of
Development:
1) Area plan showing zoning classifications and land uses of all property
within 1/4 mile of the site of the proposed halfway house The area
plan must specifically identify all uses related to children, such as
schools, churches, parks, playgrounds, day care centers, public and
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private youth centers, public swimming pools and video arcade
facilities. The applicant is expected to make a good faith effort to
locate all such uses,
2) Site plan for the property, in compliance with Subsection 2-H C
above The site plan shall include a floor plan detailing room sizes,
sleeping areas, number of beds, training roams, kitchen and food
service areas, bathrooms, recreational areas and all other uses The
site plan requirement cannot be waived by the Zoning Commission,
3) Copy of the contract governing the operation of the facility;
4) Security plan identifying security features of facility; and
5) Copy of policies and rules for operation of the facility
b) The Zoning Commission shall consider comments from the Police
Department and Building Official concerning the documentation described
above prior to recommending approval of any zoning change request for a
halfway house
c) Notification of the requested zoning change shall be sent to the owners of
all property within 1000 feet of the property on which the change in zoning
is proposed, in accordance with the procedure set out in state law and local
ordinances, and to all neighborhoods registered with the Department of
Development that include property located within 1000 feet of the proposed
site Notice of the time and place of the hearing before the City Council shall
be published in an official newspaper or a newspaper of general circulation
at least 15 days before the hearing as required by state law and shall be at
least 5" x 8"
d) If the owner or operator of a legal nonconforming halfway house wishes to
expand the facility or make structural alterations which require the approval
of the Board of Adjustment, notification of the request shall be sent to the
owners of all property within 1000 feet of the property on which the
expansion is proposed, in accordance with the Rules of Procedure of the
Board of Adjustment, and to all neighborhoods registered with the
Department of Development that include property located within 1000 feet
of the proposed site In addition, notice of the time and place of the hearing
before the Board of Adjustment shall be published in an official newspaper
or a newspaper of general circulation at least 15 days before the hearing
and shall be at least 5" x 8"
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SECTION 2.
Section 1, "Definitions", of Ordinance No 3011, the Comprehensive Zoning
Ordinance of the City of Fort Worth, as amended, is hereby amended by amending the
definition of "halfway house" as follows•
HALFWAY HOUSE. A facility providing for the housing and rehabilitation or
training of adults on probation, parole, early or pre-release or any other form of
executive, judicial or administrative release from a penal institution, including
without limitation community residential facilities established in accordance with
TEX. CODE CRIM. PRO ANN. art. 42.18, as amended from time to time "Halfway
house" includes facilities which provide in-patient treatment to persons on
probation, parole, early or pre-release or any other form of executive, judicial or
administrative release from a penal institution if such persons are ordered to obtain
treatment for chemical dependency as a condition of release For purposes of this
definition, an adult is a person age 18 or over
SECTION 3.
Section 9A, "'F-R' Restricted Commercial District", of Ordinance No 3011, the
Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection
9A.A.30, which provides as follows
30 Halfway houses if located more than 500 feet from "A", "B", "AR", "R-1 ", or "R-
2" residential zones
is hereby repealed
SECTION 4.
Section 20, "Board of Adjustment", of Ordinance No 3011, the Comprehensive
Zoning Ordinance of the City of Fort Worth, as amended, Subsection 20 C 43, which
provides as follows
43 Halfway houses "CR", "C" and "D"
is hereby repealed
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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, in
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 jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
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 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 is permitted to exist 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 or any other ordinances
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affecting zoning which have accrued at the time of the effective date of this ordinance, and,
as to such accrued violations and afi pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be 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
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
Ass stant City Attorney
Date ~ ~~-~ I 19 ~ G:~
ADOPTED ~J ~ ``~C~ ~ ~ 5' C
EFFECTIVE
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