HomeMy WebLinkAboutOrdinance 12525u
ORDINANCE NO ~~c~e~7
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 1, "DEFINITIONS", BY REPEALING THE DEFINITION OF "DAY
NURSERY" AND ADDING A DEFINITION OF "DAY CARE CENTER";
AMENDING SECTION 2-B.A.11, "'CF"' COMMUNITY FACILITIES
DISTRICT", TO CHANGE A REFERENCE TO "DAY NURSERY" TO "DAY
CARE CENTERS' ; AMENDING SECTION 8.A.7, "'E-R"' RESTRICTED
COMMERCIAL DISTRICT', TO CHANGE A REFERENCE TO "DAY CARE
NURSERIES" TO "DAY CARE CENTERS" AND TO CHANGE "SCHOOLS"
TO "KINDERGARTENS"; AMENDING SECTION 20 C 13, "BOARD OF
ADJUSTMENT', TO ALLOW OPERATION OF DAY CARE CENTERS AND
KINDERGARTENS IN ALL RESIDENTIAL ZONING DISTRICTS WITH A
SPECIAL EXCEPTION AND TO LIMIT HOURS OF OPERATION TO 6 00
A.M. TO 8.00 P M., PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION !N
THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Zoning Ordinance of the City of Fort Worth permits
the operation of day care centers in certain residential zoning districts with a special
exception and in "CF" Community Facilities Districts and "E-R" Restricted Commercial
Districts as a matter of right;
WHEREAS, the Comprehensive Zoning Ordinance currently does not address day
care facilities for elderly persons and persons with disabilities or hours of operation for day
care facilities in residential areas;
WHEREAS, it is advisable to amend the Comprehensive Zoning Ordinance to
address these issues and to make all references to day care centers in the zoning
ordinance consistent;
C
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
Section 1, "Definitions", of Ordinance No 3011, the Comprehensive Zoning
Ordinance of the City of Fort Worth, as amended, is hereby amended by repealing the
definition of "day nursery" and adding a definition of "day care center", as follows
DAY CARE CENTER: A facility that provides non-medical care and supervision for
more than six (6) children, elderly persons or persons with physical and/or mental
disabilities
SECTION 2.
Section 2-B, "°CF' Community Facilities District", Subdivision A.1 i, of Ordinance No
3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is
hereby amended, by replacing a reference to "day nursery" with a reference to "day care
centers", as follows.
i Day care centers and kindergartens.
SECTION 3
Section 8, "'E-R' Restricted Commercial District", of Ordinance No 3011, the
Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A.7,
is hereby amended by replacing a reference to "day care nurseries" with a reference to
"day care centers", and by replacing "schools" with "kindergartens", as follows
7 Day care centers and kindergartens.
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SECTION 4
Section 20, "Board of Adjustment", of Ordinance No 3011, the Comprehensive
Zoning Ordinance of the City of Fort Worth, as amended,. Subsection C 13, is hereby
amended by replacing references to "day care facilities" and "day nurseries" with
references to "day care centers", providing that day care centers and kindergartens are
allowed in all residential zoning districts with a special exception and providing that such
facilities shall operate between the hours of 6:00 a.m. and 8:00 p m., as follows:
13 Day care centers and kindergartens Residential zoning
b) Prior to deciding upon any application, the Board shall receive a report from
the Health Department, Fire Department, Traffic Engineering Department and
Building Inspection Division of the Public Works Department, and such other
agencies as the Board may specify, and shall verify or require that such day care
center or kindergarten shall comply with state statutes and other applicable City of
Fort Worth ordinances
e) Hours of operation are limited to 6 00 a.m. to 8:00 p m.
SECTION 5
All provisions of Section 1, Section 2-B, Section 8 and Section 20 which are not
expressly amended shall remain in full force and effect.
SECTION 6
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
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SECTION 7
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 8
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 9
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
affecting zoning 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 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.
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SECTION 10
The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish
this ordinance in pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof, as provided in Chapter XXV,
Section 3, of the Charter of the City of Fort Worth, Texas.
SECTION 11
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 12.
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
(y~~~;~,~~ U
A sistant City Attorney
Date 1 ~ 19 g ~
ADOPTED 1 ~ ~ ~ q g
EFFECTIVE.
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