HomeMy WebLinkAboutOrdinance 11446~ j.
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ORDINANCE NO . ~` `~'
AN ORDINANCE TO PROHIBIT THE ISSUANCE OF CITATIONS AND
PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF HEIGHT
REQUIREMENTS BY CERTAIN FENCES IN THE CITY OF FORT WORTH,
WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT
ON MARCH 31, 1994, UNLESS SOONER REPEALED BY THE CITY
COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO
PRESERVE THE STATUS QUO PENDING HEARINGS BY THE BOARD OF
ADJUSTMENT PERTAINING TO SUCH FENCES; PROVIDING FOR A
METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth regulates the locations and
construction of fences and other structures under its Comprehensive
Zoning Ordinance (Ordinance 3011, as amended) and other city
ordinances and regulations; and
WHEREAS, there are several areas in the City of Fort Worth
where fences have been added to the front of residences; and
WHEREAS, some of such fences violate the height requirements
of the Comprehensive Zoning Ordinance; and
WHEREAS, it is necessary to provide a moratorium on citations
until midnight on March 31, 1994 so that numerous applications for
variances may be heard by the Board of Adjustment pertaining to
such fences;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That pursuant to the valid exercise of the police power
granted to the City, the following acts are hereby prohibited in
the City of Fort Worth during the period from the effective date of
this ordinance until midnight on March 31, 1994, or until this
ordinance is repealed, whichever occurs first;
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(a) the prosecution of citations issued or complaints filed
for violations of height requirements by fences added to
the front yard of residences; and
(b) the issuances of citations or the filing of complaints
for violations of height requirements by fences added to
the front yard of residences.
That the purpose of this prohibition is to maintain the status
quo concerning such nonconforming fences until numerous
applications for variances may be heard by the Board of Adjustment.
SECTION 2.
That all of the declarations and findings contained in the
preamble of this ordinance are made a part hereof and shall be
fully effective as part of the ordained subject matter of this
ordinance.
SECTION 3.
That this ordinance shall be in full force and effect until
such time as the City Council adopts an ordinance repealing same or
until midnight on March 31, 1994, whichever occurs first.
SECTION 4.
That 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, such conflicting provisions of such
ordinances and Code are hereby suspended for the period during
which this ordinance is in effect.
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SECTION 5.
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
judgement or final decree of a Court of competent jurisdiction,
such voidness, ineffectiveness or unconstitutionality shall not
effect 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 herein of any
such void, ineffective or unconstitutional phrase,, clause,
sentence, paragraph or section.
SECTION 6.
That this ordinance shall be in full force and effect from and
after its passage, and it is so ordained.
SECTION 7.
That the City Secretary shall send copies of this ordinance to
the Chief. Judge of the Municipal Court, City Attorney and Director
of the Department of Development of the City of Fort Worth.
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APPROVED AS TO FORM AND LEGALITY:
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-~ ity A ~"tornley
Date : l 0 ' ~. ~ .`- ~C' ~j
ADOPTED:
EFFECTIVE:
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City of Fort Worth, Texas
Mayor and Council Camrtmunication
DATA RSFERBNCE NUIBSR IAa NAl[8 PA(ii3
11 /09/93 G10418 12ADOPT 1 of 1
sv>~,rscx ADOPTION OF ORDINANCE IMPOSING MORATORIUM ON ISSUANCE AND
~° PROSECUTION OF CITATIONS FOR VIOLATIONS OF HEIGHT REQUIREMENTS BY
FENCES IN FRONT YARDS OF RESIDENCES
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which imposes a
moratorium on the issuance and prosecution of citations for violations of height requirements by
fences in front yards of residences, which moratorium shall remain in effect until midnight on
March 31, 1994, unless sooner repealed by the City Council
DISCUSSION
There are .several areas in Fort Worth where fences have been added to the front of single family
residences. Many of these fences violate the height requirements of the zoning ordinance
Neighbors in some of these areas have contacted City Councilmembers to indicate that they do
not object to such fences and feel that they should be allowed to exist The owners of several
residences with nonconforming fences have applied to the Zoning Board of Adjustment for
variances. Given the large number of residences where such fences exist, it is anticipated that
hearings on all such cases could take several months to complete
During the hearings on these cases, a moratorium should be imposed to stay the prosecution of
existing citations against the owners of such fences and to require that no new citations be
issued for such fences
FISCAL INFORMATION/CERTIFICATION.
The Director of Fiscal Services certifies that approval and implementation of this M&C will not
require the City to spend any funds.
CB r
or Manager s FUND UNT ENTER UNT ITY RET Y
OIKce by: (~) ~
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Charles R. Boswell 8500 ~ ~ ~ ~ ~ ~ ~ ~ (~
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Department Head: ~
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Wade Adkins 7623 ([gym)
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For Additional Information `~
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Cit
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Ciky of Fosk V{lorth
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Wade Adkins 7623 ,
~~ Printed on recycled paper