HomeMy WebLinkAboutOrdinance 12325I
ORDINANCE NO ~(X of o~~
AN ORDINANCE AMENDING SECTION 7-47, ARTICLE III, CHAPTER
7, "BUILDINGS" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), TO AMEND SECTION 204 (g) OF THE FORT WORTH
BUILDING CODE TO ALLOW THE CONSTRUCTION AND FIRE
PREVENTION BOARD OF APPEALS AUTHORITY TO GRANT VARIANCES
TO THE BUILDING, FIRE AND SIGN CODES WHEN THE APPLICABLE
PROVISIONS SEEM UNREASONABLE AND/OR UNREALISTIC TO A
PARTICULAR SITE, BUILDING OR STRUCTURE; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A SAVING 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
That Section 7-47, Article III, Chapter 7 "Buildings" of the
Code of the City of Fort Worth, Texas (1986), as amended, is hereby
amended by adding a new subsection 204 (g) 7 to read as follows
7 Grant variances to the non-administrative provisions
of the Building, Fire and Sign Codes, when in the opinion
of the Board, and based upon the presentation of valid
data, the applicable provisions are unreasonable and/or
unrealistic to a particular site, building or structure
The Board shall use its good judgment in granting such
variances, balancing the code requirement to protect
life, structural safety and the reasonableness of the
requirement It shall take the affirmative vote of five
members present to errant a variance
SECTION 2
That all of the provisions of Section 7-47, III, of the Code
of the City of Fort Worth, as hereby amended, shall continue and
remain in force and effect
SECTION 3
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
1
,.
direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Cod are hereby repealed
SECTION 4
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 decalred void,
ineffective, or unconstitutional by the valid judgment or final
decree of any court of competent jurisdiction, such voidness,
ineffectiveness, or 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
void, ineffective, or unconstitutional phrase, clause, sentence,
paragraph, or section
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
the Building Code or any other ordinances affecting the Building
Code 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
2
SECTION 6
The City Secretary of the City of Fort Worth is hereby
directed to publish the caption 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 2, Chapter XXV of the
Charter of the City of Fort Worth, Texas and by Section 52 013 (a)
of the Texas Local Government Code
SECTION 7
This ordinance shall be in full force and effect thirty (30)
days after its passage and publication, and it is so ordained
APPROVED AS TO FORM AND LEGALITY
~~
~-~J
ity for/ney ~ '
DATE ~ L/ i9~4S~
ADOPTED ~~ " f `~ ~ ~S/
EFFECTIVE
3
City of Fort Wordy Texas r
Mayor and Council Communication
DATE
12/19/95 REIyER$NCS NQI+IBER
G11351 LOG NAME
06FIREB PAGE
1 of 1
svsJacT ORDINANCE AMENDING SECTION 204(g) OF THE BUILDING CODE ADDING A
PROVISION TO GRANT VARIANCE AUTHORITY TO THE CONSTRUCTION AND FIRE
PREVENTION BOARD OF APPEALS
RECOMMENDATION
It is recommended by the Construction and Fire Prevention Board of Appeals that the City
Council adopt the attached ordinance amending the Fort Worth Building Code to grant variance
authority to the Board for the Building, Fire and Sign Codes
DISCUSSION
The attached ordinance will clarify the Board's authority to grant variances when the applicable
code provisions seem unreasonable and/or unrealistic to a particular site, building or structure
It would further specify the affirmative vote of five members to grant a variance
MG•f ,
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY CQUN
Originating Department Head: CIL
~C ~ ~ '
~~~
Ann Kovich 8901 (from)
For Additional Information Ci~q Socrelary of ttte
Citylbf Fort ~troslh
'to>F~s
Contact:
,
Ann Kovich 8901
Printed on Recycle Paper Adopted OrdinanG~ Cdr„~