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(a) Public hearing required. The zoning commission shall hold a public hearing on all applications for site plan approval. The procedures for hearing a request for approval of a site plan shall be in accordance with this section.
(b) Written notice. Written notice of the public hearing before the zoning commission shall be sent to the owners of real property within 300 feet of the property upon which a site plan has been submitted, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes, as their ownership appears on the last approved ad valorem tax roll. Such notice shall be served by depositing same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the proposed site plan is located within territory which was annexed to the city after the final date for making the renditions which are included on the last approved tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in the official newspaper or a paper of general circulation in the city.
(c) Zoning commission recommendation. All recommendations by the zoning commission on-site plan approval shall be forwarded to the city council for setting and holding of a public hearing thereon.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
(a) Review and evaluation. Any revisions to the site plan after the public hearing before the city council, except as permitted under subsection (b) below, shall be submitted to the planning and development department for distribution, review and written evaluation by city staff prior to resubmission to and approval by the zoning commission and city council.
(b) Minor changes.
(1) Minor changes to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the development services director or a designee:
a. For all zoning districts other than mixed-use, form-based or urban residential:
1. A change in the character of the development;
2. A 5% or greater increase in the gross floor areas of structures;
3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration;
4. A substantial and material reduction in the originally approved separations between buildings;
5. Any adverse changes in traffic circulation, safety, drainage or utilities;
6. A 5% or greater increase in the height of structures;
7. A 10% or greater reduction in the originally approved setbacks from property lines;
8. A 5% or greater increase in ground coverage by structures;
9. A 5% or greater reduction in the ratio of off-street parking and loading space (provided that the minimum requirements of Chapter 6, Article 2 are met); and
10. A change in the size, height, lighting or orientation of originally approved signs.
b. For all mixed-use, form-based or urban residential districts:
1. A change in the character of the development;
2. A 5% or greater reduction or increase in the gross floor areas of structures;
3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration;
4. A substantial and material increase in the originally approved separations between buildings;
5. Any adverse changes in traffic circulation, safety, drainage or utilities;
6. A 5% or greater reduction or increase in the height of structures;
7. A 10% or greater increase in the originally approved front yard setbacks from property lines;
8. A 5% or greater reduction or increase in ground coverage by structures;
9. A 5% or greater increase in the ratio of off-street parking and loading space unless provided in structured parking (provided that the minimum requirements of Chapter 6, Article 2 are met); and
10. A change in the size, height, lighting or orientation of originally approved signs.
(2) The decision of the development services director as to whether requested changes are minor shall be final and non-appealable. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application to the zoning commission in accordance with the provisions of this article.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 22490-11-2016, § 1, passed 11-1-2016, eff. 12-1-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020)
(a) Criteria. During the site plan review and evaluation process, the following criteria shall be considered:
(1) The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property;
(2) The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided;
(3) The adequacy of the design, location and arrangement of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
(4) The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
(5) The effect directional lighting will have on neighboring properties; and
(6) The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed.
(b) Additional requirements. In approving a site plan, the zoning commission or city council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community.
(c) Violation of conditions. The violation of any condition or requirement on an approved site plan or any construction or use that is not in compliance with an approved site plan shall be deemed to be a violation of the ordinance which granted the “PD” district zoning change subject to site plan approval.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
(a) Map designations. The permitted use or uses of property located in the “PD” district shall be determined at the time the district is approved by using the suffixes described below.
(1) The suffix “SU” (specific use) may be selected and added as a suffix to the “PD” district to note that the city council has approved a specific use or uses or a class of generic uses such as offices, retail, personal services, educational facilities or warehousing. In the event certain uses are deemed inappropriate, the use of the property may be further restricted by eliminating certain uses from the category of uses.
(2) Any commercial or industrial district (Chapter 4, Articles 9, 10 and 13) may be selected and added as a suffix to a “PD” district, which permits the property to be used for any use or uses included in the list of permitted uses for the indicated district.
(3) Approval of a “PD” district in combination with a suffix of another zoning district, or approval of a “PD” district in combination with an “SU” suffix shall be deemed approval of a more restrictive district than approval of such zoning without a “PD” designation, provided that the approved use was permitted in the district indicated in the public hearing notice. Uses permitted in a “PD” district through addition of the suffix for another zoning district, may be refined through exclusion of specified uses otherwise permitted in the district.
(b) Reserved.
(c) Specific commercial uses permitted in “PD” district only. The following uses are permitted only through approval of a planned development in accordance with the procedures in this article.
(1) Reserved.
(2) Reserved.
(3) Reserved.
(4) Reserved.
(5) Reserved.
(6) Game rooms. Game rooms shall only be considered in existing Light Industrial ("I"), Medium Industrial ("J") or Heavy Industrial ("K") districts and the use must then be approved as a Planned Development ("PD") District. A person, including the manager, operator or owner of a game room, commits an offense if he or she operates or permits the operation, or establishment of a game room in any other zoning district. Additional development controls shall be required, as follows:
a. No game room shall be located within 1,000 feet of a residential use or residential district, church, school or hospital. The distance shall be measured in a straight line without regard to interfering objects or structures from property line to property line or property line to district boundary, whichever is more restrictive.
b. No game room shall be located within 1,000 feet of any other game room from property line to property line.
c. Each entrance to a game room shall be marked with a sign that:
1. Bears the word "GAME ROOM" in six inch or larger black block letters; and
2. Is legible from a distance of 25 feet.
d. Every game room shall provide transparent glass in at least one exterior game room window with a dimension of at least four feet in width and four feet in height and shall not cover or otherwise block or obscure the view through a game room window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions. The window shall allow a clear, unobstructed view of the manager station and all amusement redemption machines in the game room.
e. The sale, purchase, possession or consumption of any alcoholic beverages as defined by the Texas Alcoholic Beverage Code shall not be permitted unless the premises is licensed under the provisions of said code for the sale, purchase or possession of alcoholic beverages.
f. Every game room shall be limited to a maximum of 30 amusement redemption machines.
g. Only one game room shall be allowed on any lot or in any single building, structure or tenant space in a strip center.
h. Only one game room shall be permitted on any platted lot or in any building, structure or strip center.
i. Game rooms are limited to the operation of amusement redemption machines; gambling devices shall not be allowed.
j. A site plan, landscape plan and floor plan of the game room interior shall be submitted in addition to any other plans that may be required by the city's ordinances, drawn to scale and sealed by a professional engineer or professional architect licensed by the state depicting the layout of the game room interior specifically including, but not limited to, the location of all amusement redemption machines, the manager's station(s), restroom facilities, kitchen and bar facilities, if any, and all areas to which patrons will not be permitted.
k. Existing game rooms shall comply with the requirements of this section within 90 days of the effective date of these regulations.
l. One designated parking space shall be provided for each two amusement redemption machines within the game room, plus one additional parking space for each employee per shift.
m. The Board of Adjustment shall not grant any variances to the requirements of this section.
(d) Specific industrial uses permitted in “PD” district only. The following uses are permitted only through approval of a planned development in accordance with the procedures in this article:
(1) Cement, lime, gypsum or plaster of Paris manufacture;
(2) Coke ovens;
(3) Creosote treatment or manufacture;
(4) Landfill, recycling center, household hazardous waste or waste tire facility:
a. Facilities handling, processing and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt and other materials at materials recovery facilities and recycling centers; disposal, dumping or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below. For purposes of this subsection (d), such facilities are further defined by Tex. Administrative Code Title 30, Chapter 330, Municipal Solid Waste, § 330.3, and Tex. Administrative Code Title 30, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, § 335.1. The operator shall comply with the following requirements:
1. Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:
i. Zoning and land use within one-quarter mile of the site;
ii. Proximity to residences, businesses and other uses;
iii. Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;
iv. Locations of all existing and proposed buildings, equipment and machinery;
v. Fire prevention and control;
vi. Groundwater, drinking water and surface water protection including wash areas, stream or water course diversions, holding ponds and tanks;
vii. Screening fences, berms, buffers and landscaping;
viii. Provisions for all activities including loading, unloading, handling, processing of materials and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and
ix. Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number and hours of operation of the facility.
2. Obtain, maintain and have available on-site all required permits and comply with all federal, state and local regulations that relate to the collection, transportation, handling, processing and disposal of all materials for which the facility is approved.
3. Submit and maintain on-site an operations plan that addresses:
i. Provisions for preventing unauthorized wastes and materials from being brought to the facility;
ii. Procedures for identifying, handling, removing, transporting and disposing of unauthorized wastes and materials that may have been brought to the facility;
iii. Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;
iv. Procedures and employee training for fire prevention and control;
v. Litter control and cleanup; and
vi. Procedures for reporting and handling fuel and chemical spills.
4. Provide proof of financial security by submitting documents showing compliance with federal and/or state financial assurance requirements or by submission of performance bond sufficient to ensure that maximum amount of materials stored or accumulated on-site at any one time can be properly recovered and disposed of in the event that the owner/operator is unable to do so.
b. City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and local regulations, codes and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety.
c. The planning and development department may not issue a certificate of occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law.
(5) Manufacture, processing or production of hazardous chemicals (including acid, ammonia, bleaching powder or chlorine manufacture, and explosives manufacture and storage);
(6) Manufacture of heavy rubber products;
(7) Metal smelting, reclamation or ore reduction of tin, copper, lead, zinc or iron ores;
(8) Mining, quarrying, dredging or excavation of dirt, gravel, sand or stone, for the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements:
a. Provision of a site plan of all existing conditions, including topography at five-foot intervals, streams, lakes and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover;
b. Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic, cultural or archeological significance. Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining;
c. Delineation of all permits and licenses (including NPDES and Texas air control board) required for the operation of such a facility, name of contact person, agency address and telephone number of all permitting agencies and verification of approval of same prior to operation;
d. Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees and use of explosives or other hazardous or caustic materials or chemicals;
e. Analysis of potential impacts to adjacent properties (especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic and mitigation measures to control such impacts. Submittal of drainage study if deemed necessary by the department of transportation and public works. When deemed appropriate, as a mitigation measure of the site perimeter, city council may require appropriate buffering, berming, screening and landscaping greater than that required under this zoning ordinance, which shall be maintained in a proper manner at the expense of the property owner. All mitigation measures must be installed and completed prior to any physical mining of the site;
f. Submission of plan for protection of adjacent rights-of-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets, and approval of plans required from the transportation and public works director;
g. Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required;
h. Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements;
i. A reclamation plan, including final topography contours, at five-foot intervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting plan for restoration of the original canopy cover of the site, including any required cross-section and engineering/construction plans as approved by the city forester or a soil conservation scientist. It is recommended that plant materials native to the site be used;
j. Submission of a performance bond or cash payment for each phase as required under the standard contract for community facilities agreement of the city to ensure that all restoration costs in accordance with the reclamation plan of the site are met;
k. Provision of a clearly visible sign at the entrance to the mining operation identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premises signs; and
l. City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and city regulations, codes and ordinances. The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. Such access approval shall be a prerequisite and part of the conditions of approval of the “PD” district.
(9) Packing plants, including slaughtering of animals and processing of by-products;
(10) Oil drilling and production;
(11) Paper and pulp manufacture;
(12) Petroleum refining or wholesale storage;
(13) Rock, cement crushers and stone quarries;
(14) Rolling mills; and
(15) Line compressors.
a. Line compressors shall also be permitted in “I” light industrial, “J" medium industrial and “K” heavy industrial districts.
b. A site plan is required and shall not be waived.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20999, § 1, passed 10-15-2013; Ord. 21499-10-2014, § 1, passed 10-14-2014, eff. 10-23-2014; Ord. 23609-03-2019, §7, passed 3-19-2019)
In addition to any other specific regulations, the following standards shall apply in any “PD” district.
(a) The city council, in approving any “PD” district, may designate the maximum height, floor area and/or other restrictions on the development of such uses.
(b) The height and yard regulations of the most restrictive district in which the approved use or uses are allowed shall constitute the minimum development requirements; provided, however, that the city council or zoning commission may impose more restrictive requirements in order to minimize incompatibilities.
(c) Unless indicated on the approved site plan, the sign regulations in the most restrictive district in which the approved use or uses are allowed shall be followed.
(d) The parking requirements of Chapter 6, Article 2 shall apply to all commercial and industrial uses in the “PD” district. Parking requirements for apartments and multifamily dwellings in the “PD” district shall be determined in accordance with the unified residential development provisions in § 6.506
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
(a) Purpose and intent.
(1) The City of Fort Worth has many unique and distinctive residential neighborhoods and commercial areas which contribute significantly to the overall character and identity of the city but may lack sufficient historical, architectural or cultural significance at the present time to be designated as a historic district. The city council recognizes the need to preserve, protect and enhance the value of these areas and wished to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing their significant architectural or cultural attributes through the establishment of conservation districts.
(2) Tex. Local Government Code § 211.003 authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction or razing and of buildings and other structures in “designated places and areas of historic, cultural or architectural importance and significance.” The conservation district provides for the establishment of regulations concerning the conservation of existing buildings and new construction and their settings in designated places of architectural or cultural importance and significance. It is recognized that there are areas in the city where the application of conservation district zoning could assist in the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas:
(3) The provisions of this article are intended:
a. To protect and strengthen desirable and unique physical features and design characteristics;
b. To promote and provide for economic revitalization;
c. To protect and enhance the livability of the city;
d. To reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development;
e. To stabilize or enhance property values;
f. To provide residents and property owners with a planning tool for future development;
g. To encourage and strengthen civic pride; and
h. To ensure the harmonious, orderly and efficient growth and redevelopment of the city.
(b) Zoning classification and authority.
(1) Designation is a means for property owners to initiate and implement programs for the conservation or revitalization of neighborhoods and commercial areas. The conservation overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base underlying zoning classification where the property is located.
(2) Separate ordinances are required to designate each conservation district. Ordinances designating each district shall identify the designated boundaries, applicable designation criteria and design standards for that district.
(3) Any zoning district may be followed by the suffix “CD,” indicating that such zoning district is subject to the use and development regulations of both the designated district and the conservation district design standards. The zoning designation for property located within a conservation district shall consist of the base zone symbol and the overlay district symbol “/CD” as a suffix.
(4) Designation of an area by the city council as a conservation district (“CD”) is intended as a zoning overlay which supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the property. Property designated as a conservation district may have additional overlay designations.
(5) The height of structures and minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, primary zoning district classification except where height and area regulations are specified in conservation district design standards adopted by the city council. No conservation district can restrict height to less than two stories over the entire footprint of the original structure.
(6) If there are any conflicts between the adopted design standards of the conservation district and any provision of the zoning ordinance, the provisions of the adopted design standards of the conservation district shall apply.
(7) If there are any conflicts between the provisions of this article and any other provision of the zoning ordinance, the most restrictive regulation shall apply in the absence of a specific directive to the contrary.
(c) Procedures for establishing a conservation district.
(1) Following a request for designation of a conservation district, the planning and development department shall develop a conservation plan for the proposed district that includes:
a. Statement of purpose and intent;
b. Maps indicating boundaries, age of structures and existing land use within the proposed district;
c. Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics and goals of the proposed district;
d. A list of all property owners (with legal addresses), neighborhood associations and/or other organizations representing the interests of property owners in the proposed district; and
e. Design standards.
(2) All property owners within the proposed district shall be afforded the opportunity to participate in drafting the conservation plan, which will be approved as part of the zoning ordinance creating a conservation district.
(3) Authority to initiate. A zoning application for designation as a conservation district must be filed with the planning and development department. An application shall be initiated either:
a. By petition (form provided by the planning and development department) signed by the owners who collectively own more than 50% or more of the individual tracts, parcels or platted lots, to be located within the boundaries of the proposed district, and the request of the owners who collectively own 50% or more of the land area, excluding streets and alleys, 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; or
b. By the city council.
(d) Designation criteria. To be designated as a conservation district, the area must meet the following criteria:
(1) Contain a minimum one block length (both sides of the street); an exception for one block face (one side of the street) may be allowed when different land uses or development patterns exist on the opposite side of the street;
(2) At least 50% of the land area in the proposed district is presently improved, unless created to preserve a special or natural streetscape characteristic; and
(3) Possess two or more of the following distinctive features that create a cohesive identifiable setting, character or association:
a. Scale, size or type of construction;
b. Lot layouts, setbacks, street layouts, alleys or sidewalks;
c. Special natural or streetscape characteristics, such as creek beds, parks, greenbelts, gardens or street landscaping; or
d. Abuts or links designated historic landmarks and/or districts.
(e) Design standards.
(1) The conservation plan approved as part of the zoning ordinance creating a conservation district shall include objective design standards for new construction of any building or structure, or the relocation or rehabilitation to the street facade of an existing building or structure. The design standards shall be applied administratively by city staff.
(2) The conservation plan and requisite design standards shall not apply to those activities which constitute in-kind replacement or repair, ordinary repair and maintenance that is using the same or similar material and design.
(3) The design standards for the conservation district shall include, at a minimum, the following elements governing the physical characteristics and features of all property (public or private) within the proposed district:
a. Building height, number of stories (may not restrict to less than two stories over the entire footprint of the original structure);
b. Lot coverage;
c. Lot size;
d. Front and side yard setbacks; and
e. Driveways, hardscape covering.
(4) In addition, the design standards may include, but shall not be limited to, the following elements:
a. Building orientation;
b. General site planning (primary, ancillary structures);
c. Garage entrance location;
d. Street trees;
e. Height of fences and walls;
f. Right-of-way (exceeding public works standards);
g. Principal elevation features; and
h. Building form.
(5) The proposed standards shall be submitted with the application to the zoning commission and the city council. No conservation district may be established in the city unless the city council first approves the design standards for the district in accordance with this article.
(6) Copies of the approved standards shall be on file in the planning and development department and in the deed records of the county in which the property is located.
(7) Any modification of adopted design standards must be approved by the city council following the same procedure used for promulgation of the original standards. Invalidation of any of the standards shall not affect the validity of any other portion.
(f) Public hearing.
(1) At least ten days prior to the zoning commission public hearing, notices of the time and place of the meeting shall be mailed to all addresses of property owners and residents shown on the application, to any additional addresses of properties in the proposed district as shown on the last approved city tax roll, and to any registered neighborhood associations located within the proposed district. Notice may be served by depositing the same, properly addressed and postage paid, in the United States mail.
(2) No area shall be designated as a conservation district without the recommendation of the zoning commission. The zoning commission shall conduct a public hearing on the proposed designation within 45 days after receipt of the application for designation and the proposed conservation plan by the planning and development department, or as soon thereafter as is reasonably practicable. The hearing shall be in the same manner and according to the same procedures for amending the zoning map as set forth in Chapter 3, Article 5.
(3) City council hearing. The city council shall give notice and conduct its hearing on the zoning commission’s recommendation concerning the proposed conservation plan within 45 days of receipt of the recommendation of the zoning commission, or as soon thereafter as is reasonably practicable. The city council shall review the conservation plan and shall approve the same, with or without modifications, at the public hearing on the proposed designation. The city council shall give notice, follow the publication procedure, hold the hearing and make its determination in the same manner and according to the same procedures for amending the zoning map as set forth in Chapter 3, Article 5.
(4) If the owners of at least 20% of an area nominated for designation or located within 200 feet of a proposed conservation district protest such designation by submitting a written, signed protest, the affirmative vote of at least three-quarters of all members of the city council is required in order for the designation to take effect.
(g) Recording of designations on zoning map. Upon designation of an area as a conservation district, the city council shall direct that the designation to be recorded on the official zoning maps of the city.
(h) Filing of designation and guidelines in property records. Record of designation of an area as a conservation district and the corresponding district guidelines shall be recorded in the official property records of the county in which the property is located by the planning and development department.
(i) Administration/enforcement. No building permit shall be issued for new construction or any alteration or addition to the street facade of an existing building or structure within a designated conservation district without the submission and approval of design plans and the issuance of a certificate of appropriateness by the director of planning and development or his or her designee. All work performed pursuant to a certificate of appropriateness shall conform to any requirements included herein. It shall be the duty of the planning and development and code compliance department to assure compliance. If work is performed that is not in accordance with the certificate of appropriateness and verification by the building official, the building official shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on a project while a stop-work order is in effect. Properties located in a conservation district that are designated “HC” historic and cultural landmark or “HSE” highly significant endangered shall comply with the most restrictive regulation.
(j) Appeal; penalties.
(1) Any owner dissatisfied with the decision of the director planning and development or his or her designee to deny a certificate of appropriateness shall have the right to appeal the decision to the board of adjustment. The request for appeal must be made within ten calendar days after receipt of notification of such action, by filing a written notice of appeal with the city secretary and the planning and development department. The board of adjustment may authorize a variance from the design standards of a conservation district if it is determined that the variance will not be contrary to the public interest (refer to Review Procedures, § 3.400 Variances). The board of adjustment shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable.
(2) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article shall be fined not more than $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(3) The provisions of this section shall apply in addition to other enforcement procedures or penalties, which are available at law or in equity.
(Ord. 18900, eff. 11-10-2009; Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
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