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HomeMy WebLinkAboutOrdinance 10954 ``~~ ORDINANCE N0. v ~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF THE CODE' OF THE CITY OF FORT WORTH), BY AMENDING SECTION 18D, "SUPPLEMENTAL BUFFERYARD AND BUILDING REQUIREMENTS", TO PROVIDE TEMPORARY RELIEF FROM THE REQUIREMENTS FOR VACANT NONRESIDENTIAL PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. :r, ~~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That Section 18, "Modifications To District Regulations", of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by changing Section 18D, "Supplemental Bufferyard and Building Requirements", Subsection 3, "Area Requirements", to read as follows: "3. Area Requirements: a) Except as noted in subparagraph 3(c), when a nonresidential use is initially established, a residential use is converted to a nonresi- dential use, or when the zoning district classification of property is changed to a more intensive nonresidential zoning district after the effective date of this ordinance, then in each instance where it is located on a lot or premises adjacent to any residential district zoned "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" Residential and "R-2" Residential, a bufferyard and supplemental building setback shall be provided and maintained by the owner and/or occupant of the nonresidential use in accordance with the following standards: y ~. ..~ ~h , e. s^ Bufferyard Zoning District Building Setback Width "E-R" 20 feet 5 feet "O-M" 20 feet* 5 feet "E-P" 20 feet 5 feet "E" 20 feet 5 feet "F-R" 25 feet 5 feet "F" 35 feet 5 feet "G" 40 feet 5 feet "I-P" 50 feet* 5 feet "I" 50 feet* 5 feet "J" 50 feet* 5 feet "K" 50 feet* 5 feet *Plus 5 feet for each additional story above 3 stories in height. b) When there is an expansion of any parking area or the. square footage of a nonresiden- tial use that is located on a lot or a prem- ises that is adjacent to an "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" or "R-2" Residential zoning district, then the development shall be subject to the supple- ment bufferyard and building setback require- ments, as set forth in this ordinance. c) When the zoning district classification of vacant property is initially established as a nonresidential use or changed to a more inten- sive nonresidential zoning district, the required screen fence and bufferyard shall not be required until such- time as the prop- erty is actually used as a nonresidential use." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances 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. 2 r~ ~ `r R F r SECTION 3. 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, para- graphs 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, sen- tence, paragraph or section. SECTION 4. 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 5. All rights and remedies of the City of Fort worth, Texas, are expressly saved as to any and all violations of the provi- sions 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, moth civil and criminal, whether pending in 3 ,.,~ Y ~., r r ~ ry c~ ~ f 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 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort worth, Texas, is here- by authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions 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 8. The City Secretary of the City of Fort Worth, Texas, is here- by 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. 4 -~. i ~' r . SECTION 9. 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: ~~ ~w- ~~~ City Attorney Date : 1 ~ ~' ~ ~ ~' ADOPTED : ~ ~ f ~-/ / EFFECTIVE.: 5