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HomeMy WebLinkAboutOrdinance 10445~P <'z r ORDINANCE NO . ,~,f~~ l~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 3011, AS AMENDED, CODIFIED AS APPENDIX '°A" OF THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED, BY AMENDING SECTION 16-ACCESSORY USE5, TO CLARIFY THE RESTRICTIONS GOVERNING FENCES IN FRONT YARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS• SECTION 1. That Section 16-ACCESSORY USES is hereby amended by changing Section C-1 and adding a paragraph D so that Section 16 Accessory Uses shall now read as follows: SECTION 16-ACCESSORY USES A. No private driveway or walk on private property in Districts "A", "A-R", "B" or "R-1" shall provide access to Districts "C-R" through "K". B Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification. C Fences• 1. No fence in excess of four {4) feet in height shall be erected on property within the minimum required front yard, platted front yard or established front yard, provided, however, that with respect to a front yard which is, in effect, the rear yard on a double-frontage lot abutting an existing or proposed arterial street, screening walls or fences in excess of four (4) feet shall be permitted. Said screening walls or fences shall not exceed eight (8} feet in height on residential property. When the platted front yard 1 established front yard is less than the minimum . required front yard, the setback of the minimum required front yard shall be met. 2 No fence over eight (8) feet in height surrounding residential property shall be permitted behind the front building setback line. 3 No fence exceeding two (2) feet in height shall be permitted on a corner lot within or along a triangle formed by measuring twenty (20) feet in each direction from the point of corner of the property line at the street intersection. 4 The height of the fence shall be measured from the highest adjoining grade parallel to the fence 5 The City Plan Commission, for good cause shown at a public hearing, may modify or waive fence restrictions on a Unified Residential Development site plan. D No attached or detached accessory structures such as carports, porches supported by columns, greenhouses, garages, swimming pools or similar uses shall be erected on property within the minimum required front yard, platted front yard, or established front yard except as provided in paragraph 3-D-2, Section 3, "A" One-Family District When the platted front yard or established front yard is less than the minimum required front yard, the setback of the minimum required front yard shall be met. 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 such ordinance are in direct conflict with the provisions of such ordinances such Code are hereby repealed SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and 2 i .~ 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. 4. Any person, firm or corporation 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 One Thousand Dollars {51,000 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 provisions 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, 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 3 SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provision of this ordinances as so published shall be admissible in evidence in al.l 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 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 hereby 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. SECTION 9. This ordinance shall be in full force and effect from and after is passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY. / _,~~~~ ~~' City Attorney 4 ~. DATE ~~bt1" ~•~ , l APPROVED EFFECTIVE 5