HomeMy WebLinkAboutOrdinance 10340__ ~ _ _ ~~ ' m ~1
ORDINANCE NOe ~~
AN ORDINANCE AMENDING ORDINANCE N0. 3011, THE COMPREHEN-
SIVE ZONING ORDINANCE OF THE. CITY OF FORT WORTH, TEAS,
CODIFIED AS APPENDIX 10 A" OF THE CODE OF THE CITY OF
FORT WORTH (1986 } , AS AMENDED, BY AMENDING SECT ION 1 8,
MODIFICATIONS TO DIS°rRICT REGULATIONS, BY AMENDING SUE-
SECTION D, SUPPLEMEN'T'AL BUFFERYARD AND BUILDING SETBACK
REQUIREMENTS, REQUIRING THE PROVISIONS OR BUFFERYARDS
AND PROVIDING RESTRICTIONS ON THE USE THEREOF BETWEEN
CERTAIN RESIDENTIAL AND NONRESIDENTIAL DT.STRIC~T'S; PRO-
VIDING FOR SCREENING REQUIREMENTS; PROVIDING FOR IRRIGA-
TION REQUIREMENTS; PROVIDING FOR LANDSCAPING REQUIRE-
MENTS; PROVIDING A POINT SYSTEM; PROVIDING PERMIT
REQUIREMENTS; PROVIDING FOR JOINT AND SEVERAL LIABILITX
OF OWNER AND OCCUPANT; PROVIDING BONUS PROVISIONS;
PROVIDING FOR EXEMPTIONS AND SPECIAL EXCEPTIONS; PRO-
HIBITING CERTAIN INSTALLATIONS; PROVIDING FENCE SPECIFI-
CATIONS; PROVIDING INDEMNIFTCATIOPI; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE ; PROVIDING A SE VE RAB I L IT Y
CLAUSE; PROVIDTNG'~FOR A PENALTY; PROVIDING FOR ENGROSS~°
MENT AND ENROLLMENT ; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DA7.'E4o
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECT ION i e
That Ordinance No 0 301 1 , as amended, be amended by amending
Section 18, "Modifications to District Regulations," by amending
Subsection D, said Subsection to read as follows:
De Supplemental. Bufferyard and Building Setback Re-
quirements
General:
1 o A buff.eryard consisting of an open space of
grass and other landscaping and a masonry mall or
wood fence in combination with design features
that screen or block vision, noise pollutants, and
other negative by products shall be provided and
maintained along the entire length .of the boundary
line between any residential district zoned "A"
One-Family, "A-R" Residential, °'B°' T wo-Family,
"R-1" and "R-2" Residential, and adjacent nonresi-
dential districtsa A bufferyard shall be required
even when an alley is located between a nonresiden-
r ,
tial zoning district and an adjacent residential
district.
2. Restrictions of the Use of duffer ands and
Suald~ng Eet ac sa
This area is intended to serve as a buffer
between potentially incompatible uses. Structures
are not permitted to be located in this area, nor
can such area be used for: signs, dumpsters or
other garbage containers, any type of storage, or
any nonresidential. activity. Passenger car park-
ing, automobile and truck access and loading or
unloading of goods during the daylight hours shall
be permitted within the building setback areas
exclusive of the landscapeca areas.
3. Area Requirements
a. When a nonresidential use is initially
established, a residential use is converted to a
nonresidential, or when the zoning district classi-
fication of property is changed to a more inten-
sive nonresidential zoning district after the
effective date of this ordinance, then in each
instance where it is located on a l.ot or premises
adjacent to any residential district zoned "A"
®n e-Family, "A-R" ResidentialP "R" Two-Family,
"R-1°' and "R-2" Residential® a bufferyard an c7
supplemental building setback sha].1 be provided
and maintained by the owner and/or occupant of the
nonresidential use in accordance with tr:~ follow-
ing standards.
Bufferyard
Toning district Buildinc~,etbac}c Width
6°E-R" 20 feet 5 feet
"Q-M" 20 feet' S feet
1°E-T" 20 feet 5 feet.
"E" 20 feet 5 feet
"F-R" 25 feet 5 feet
"F" 35 feet 5 feet
"~°' 40 feet 5 feet
"I-P" 50 feet 5 feet
"I" 50 feet 5 feet
'°J" 50 feet 5 feet
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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 nonresidential use that is
located on a lot or a premises that is adjacent to an
"A" One-Family, "A-R" Residential, °1 B" Two-Famlly,
"R-1" or "R-2" Residential coning district, then the
development shall be subject to the supplement buffer-
yard and building setback requirements, as set forth in
this ordinance.
4. screening Requirements:
The owner andfor occupant of
erect and maintain a solid masonry
combination thereof, to a height
six (6) feet above the grade of
property along the entire abutting
for minimum required front yards
angles. (For construction standards
5. Irrigation Requirements:
the use shall also
wall, wood fence, or
that is a minimum of
adjacent abutting
property line except
and visibility tri-
see subsection 13.)
All bufferyards required under this ordinance must
be irrigated by an undergro°,and automatic irrigation
system. Provided, however, that, when the total area of
the bufferyard is less than 1,000 square feet, an irri-
gation system shall nat be required if there is a
working water faucet located no more than 100 feet from
every part of the bufferyard.
6. Landscaping Requirements:
The bufferyard shall be sodded with turf grass or
ground cover that will provide the appearance of a
finished planting. Minimum landscaping and buffering
must be provided as outlined in subsection 7. T he Land-
scaping in the bufferyard shall be protected from
vehicular encroachment by curbs, railroad ties, con-
crete retainers or other permanent barriers,
7. Point system Requirements:
Bufferyards must earn a minimum of 25 points that
are awarded for providing and maintaining specific land-
scaping and design features. The paints are accumulated
as follows:
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Feature
Points
A solid wood screening fence 6 feet
in height - single faced 5
double faced 10
A solid wood screening fence eight (8) feet
in height - single faced 10
double faced 15
A solid masonry wall six (6) feet in height 15
A solid masonry wall eight (8) feet in height 20
A combination of masonry wall and solid wood
double-faced screening fence six (6°) feet in
height 15
A combination of masonry wall and solid wood
double-faced screening fence eight (8) feet in
height 20
Each additional five (5°) feet in width of
bufferyard beyond the minimum required 5
Three small ornamental trees for every fifty
(50') lineal feet of bufferyard 5
Three small ornamental trees for every
twenty-five (25°) lineal feet of bufferyard 10
Five arnamental shrubs for every twenty-five
25) lineal feet of bufferyard 15
One tree for every twenty-fi8ve (25) lineal
feet of bufferyard that is a minimum of
twelve (12) feet in height with a minimum
trun)c r_aliper of two-and-a-half (2-1/2.) inches
above the root ball 10
8. Permit Requirements
In order to determine compliance with this ordi-
nance, an application for a building permit for prop-
erty that abuts an °°A" One-Family, `°A-R°° Residential,
"B" Two-Family, "R-1°A or 1°R-2°9 Residential Bistrict
shall include a landscaping plan with a planting sched-
ule and a written statement indicating the options that
were selected in order to meet the minimum °'point'°
requirements.
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9. Installation and Maintenance:
The owner and/br occupant shall be jointly and
severally liable for installing and maintaining all
masonry walls, fences and landscapx.ng in a healthy,
neat, orderly and physically sound condition anal replac-
ing it when deemed necessary by the d~uilding Official.
10. Banns Provisions:
The minimum building set back in rear yards can be
reduced by f ive ( 5 ) feet in °° E-R'° Restricted
Commercial, 07E" Commercial, and °°O-M" Office-Midrise
Districts and ten (10) feet in all other commercial and
industrial districts provided that a minimum ten ( 10)
foot landscaped front yard is provided on the site in
accordance with the standards specified in Subsec-
tions 5 and G of this Ordinance.
11. Exemptions and Special Exceptions:
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, Buffer yard and Building
Setback requirements.
b) When a residence is converted to a nonresiden-
tial 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.
c) Nothing herein shall require a bufferyard to be
placed on a nonresidential use site where such nonresi-
dential use site is immediately adjacent to a railroad
right-of-way, power transmission right-of--way or ease-
ment, or pipeline right-of--way or easement where such
right-of-way or easements are at least fifty feet (50°)
in width .
12. Prohibited Installations:
a) Wher e buffer yards are required by this Section,
masonry walls, fences and combination fences placed in
a minimum projected front yard shall nat be over four
feet (4°) in height.
b) Wood fences using the stockade/piclcet/slat
style fence shall be prohibited. Chain link fences
shall be prohibited.
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13. Fence Specificationsm
Each bufferyard fence o~rer four feet ( 4' ) an
height shall meet the following minimum reguirementsq
a) Concrete fencesm
1 Shall tae designed by an engineer 1 icensed
by the State of Texas.
2 Shat 1 be eitt~xer poured in place ar lift
slab construction.
3 Shall. be properly engineered to vaithstand
wind load, special load conditions, and
site drainage.
b) wood Fences:
1) Metal posts shall be used for the vertical
fence supports. the posts shall be set in
r.oncrete at least three feet into~the
ground .
2) Boards used in the construction shall be
spruce, cedar, redwood, or other durable
decay-resistant construction. the lumber
grade of boards shall be °'Select" , # 1 or
equal. (IIoards used in the fence should be
spaced 1/8°° apart and face the residential
property.)
c) Masonry Fenceso
1) Masonry Fences shall be of brick or block.
2) Brick Fences shall be of exterior grade
brick.
3) Block Fences shall be Crade N, type I.
14. Indemnification:
inhere a fence is to be placed in an easement con-
taining underground utilities, the owner shali sign a
Certificate of Release, indemnifying the City of_ any
damages for removal of the fence and damage to the
fence as a result of the need to repair or replace said
utilities. The Certificate oL- Release shall be approved
by the City Attorney and shall be signed, before a
building permit is issL~ed.
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SECTION 2.
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 conflicting provisions of such ordi-
nances and such Code are hereby repealed.
SECTION 3.
Tt 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,
sentence, 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 ~,~ L,C Dollars ($ / ~, °'°) for
each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
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SECT I®N 5 e
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and ~;,,,,.. i, ~~-~- in the minutes of the City Council and
by filing the ordinance in the ordinance records of the City.
S E CT I O"~I 6.
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 praduction
thereof, as provided in Chapter XXV, Section 3, of the Charter of
the City of Fort Worth, Texas,
SECT IQN '~.
The City Secretary of the City of Fort Worth, Texas, is here-
by directed to publish the caption and ~,.w„ /~5/~~ of this ordi-
nance for two ~2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 52.03, Texas Local
Governmen t. Code .
SECTION $.
this ordinance shall be in full force and effect from and
after its passage and publ~.cation as req~.zired by law, and it is
so ordained.
Ak~P1:f7VFD AS T® ~'QRM AND LEGALIT`.~:
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Caty Attorney
Date : ~ ~ 3 ~_9 .~
ADOIPT E D :.~ ~ ~ ~~~'-~-n--
EFFECTIVE:
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