HomeMy WebLinkAboutOrdinance 10973
ORDINANCE N0. ~_ ~ ~ -1 ~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI-
NANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE N0.
3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY
REVISING SECTION 17, "NONCONFORMING USE REGULATIONS",
AND SECTION 18, "MODIFICATIONS TO DISTRICT
REGU:.,ATIONS"; PROVIDING FOR AN EXCEPTION TO BUFFERYARD
REQUIREMENTS FOR BUILDINGS DESTROYED BY FIRE,
EXPLOSION, OTHER CASUALTIES, ACTS OF GOD OR PUBLIC
ENEMY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA-
TIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 17, "LEGAL NONCONFORMING USES, BUILDINGS AND
STRUCTURES", of the Comprehensive Zoning Ordinance. Appendix "A"
of the Code of the City of Fort Worth is hereby amended by adding
the following to Section 17 so that it reads as follows:
F. Nothing in this ordinance shall be taken to pre-
vent the restoration of a building destroyed to
the extent of not more than seventy-five (75)
percent of its reasonable value, by fire, explo-
sion or other casualty, or act of God, or the
public enemy, nor the continued occupancy or use
of such building or part thereof which existed at
the time of such partial destruction. Further,
nothing in this ordinance shall be taken to
require a bufferyard, screening fence or building
setback as identified in Section 18.D, in order to
restore a building that may have been partially or
totally destroyed by fire, explosion, or other
casualty, or act of God, or the public enemy when
such building is located on land adjacent to
property or across the alley from property that
for any reason is or has been rezoned to
"A" One-Family, "A-R" Residential, "B" Two-Family,
"R-1" or "R-2" Residential district zoning.
SECTION 2.
That Sectio:l 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 D, "Supplemental Bufferyard and Building Setback
Requirements", Subsection 11, "Exemptions and Special
Exceptions", to read as follows:
(a) Remodeling work that does not increase the existing
floor area or the restoration of a building that has
been involuntarily damaged or destroyed shall be exempt
from the supplemental Bufferyard and Building Setback
requirements.
(b) When a legal use exists on property and subsequent
to establishing such legal use, adjacent property
or property across an alley is rezoned to
"A" One-Family, "A-R" Residential, "B" Two-Family,
"R-1" or "R-2" Residential district zoning, the
construction of new buildings and the addition,
remodeling, alteration, or total restoration due
to involuntary destruction of existing buildings
on the property are exempt from the requirements
of a bufferyard, screening fence, and building
setback.
(c) When a residence is converted to a nonresidential
use or when an existing nonresidential use expands
the building square footage and/or parking area,
then the minimum required bufferyard points shall
be reduced to fifteen (15) points. If a masonry
wall is used to satisfy the minimum point
requirements, there shall be no minimum bufferyard
width requirement.
(d) Nothing herein shall require a bufferyard to be
placed on a nonresidential use site where such
nonresidential use site is immediately adjacent to
a railroad right-of-way, power transmission or
easement where such right-of-way or easements are
at least fifty feet (50') in width.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986),
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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.
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.
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 6.
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
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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.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption, 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 8.
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 9.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption, penalty clause and effec-
tive date of this ordinance for two (2) days in the official news-
paper of the City of Fort Worth, Texas, as authorized by Section
52.013, Texas Local Government Code.
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SECTION 10.
This ordinance shall be in ful]_ 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:
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City Attorney
Date • ~ Z - 1 1 -- `1
ADOPTED : ~~l(~
EFFECTIVE:
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