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Home My WebLink AboutOrdinance 10096ORDINANCE N0. Q~ ,~ ,, AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 18, NIODI- FICATIONS TO DISTRICT REGULATIONS, BY ADDING SUBSECTION D, SUPPLEMENTAL BUFFERYARD AND BUILDING SETBACK REQUIREMENTS, PROVIDING FOR THE USE OF BUFFERYARDS, PROVIDING RESTRICTIONS ON THE USE THEREOF, PROVIDING AREA STANDARDS, PROVIDING SCREENING REQUIREMENTS, PROVIDING IRRIGATION REQUIREMENTS, PROVIDING LANDSCAPING REQUIREMENTS; PROVIDING PERMIT REQUIRE- MENTS, PROVIDING EXEMPTIONS, PROVIDING JOINT AND SEVERAL LIABILITY OF OWNER, TENANT, OR AGENT FOR INSTALLATION AND MAINTENANCE, PROVIDING BONUS PROVISIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT, PROVIDING FOR PUBLICATION IN PAMPHLET FORM, 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 Ordinance No. 3011, as amended, be amended by revising Section 18, "Modifications to District Regulations", by adding Subsection D, such subsection to read as follows: "D. Supplemental Bufferyard an,d; B~ailidi;,ng Setback Requirements _ _, C N -. 1. General: A bufferyard consisting of an open space of grass an"e~ landscaping and a masonry wall in combination with design features that screen or block vision, noise pollu- tants, and other negative by-products shall be provided and maintained along the entire length of the perimeter between any residential district zoned "A" One-Family, "A-R" Residen- tial, "B" Two-Family, "R-1" and "R-2" Residential, and other non-residential districts. 2. Restr~i;ctions on the Use, of Bufferyards and, Building .Setbacks. is ar a `~s inten a o-serve as a u er etween po` en- tially incompatible uses. Structures are not permitted to be located in this area, nor can such area be used for: signage, garbage collection, any type of storage, or any non-residen- tial activity. Passenger car parking, automobile and truck access, and, the loading/unloading of goods during daylight hours, shall be permitted. 3. Area Requirements: a) When a non-residential use is initially established, when a residential use is converted to a non-residential use, or when the zoning district classification of property is changed to amore intensive non-residential zoning district after the effective date of this ordinance, then in each instance where it is located on a lot or premise adjacent to any residential district zoned "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" and "R-2" Residential, a bufferyard and supple- mental building setbacks shall be installed, maintained and provided by the owner, developer or operator of the non-residential use in accordance with the following standards: Zoning District "E-R" "0-M" .. E P.. ~~ E ~~ "F-R" ~~ F ~~ ¢uildin~ Setback 20 feet 20 f eet* 20 feet 20 feet 25 feet 35 feet Bufferyard Width 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet "G" 40 feet 5 feet "IP" 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 anon-residential u s e that i s 1 oc ated on a lot or premise 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 Supplemental Bufferyard and Building Setback requirements, as set forth in this Ordinance. 4. Screening; Requirements;. The owner, developer or tenant of the use s a a so erect: and maintain a solid masonry wall to a height that is a minimum of six (6) feet above the grade of adjacent abutting property along the entire abutting property line except for visibility triangles. -2- 5. Irrigation Re uireme;n;t~s All bufferyards required under this or~~3i ndnce mus"~' e i rri gated by an underground automat i c i rri - gation system. Provided, however, that, when the total area of the bufferyard is less than 1,000 sq. ft., an irrigation system shall not be required if there is a working water faucet located no more than 100 feet from every part of the bufferyard. 6. Landscaping Requirer~ent'sr The Bufferyard shall be sodded with ur grass` or gro~un ' 'cover that wi 11 provide the appearance of a finished planting. A minimum of one large canopy tree of not less than 1'2 feet in height and 2-112 inches in caliper measured at a distance of 12 inches above the top of the root ball shall be required for each 25 lineal feet of bufferyard. The landscaping in the bufferyard shall be protected from vehicular encroachment by curbs, railroad ties, concrete retainers or other permanent barriers. 7. Point System Req,u;i~r,'„men;ts All bufferyards must earn a m~n~mum o porn s'"' a are awarded for providing and maintaining speciflic'landscaping and design features. The points are accumulated as follows: Feature ~ Points A solid masonry wall sib (6) feet in height 10 A solid masonry wall eight (8) feet in height 15 Each additional five (5) feet in width of buffer- 5 yard beyond the minimum required Three small ornamental trees for every fifty (50) 5 lineal feet of bufferyard Three small ornamental trees for every twenty-five 10 (25) lineal feet of bufferyard One tree for every twenty-five (25) lineal feet of 10 bufferyard that is a minimum of twelve (12) feet in height with a minimum trunk caliper of two-and-a-half (2-1/2) inches measured twelve (12) inches above the root ball 8. Permit Requiremen,ts~.}~ In order to determine compliance with ~iis-or finance, a~n application for a building permit for property that abuts an "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" or "R-2" Residential District shall include a landscaping plan with a planting schedule and a written statement indicating the options that were selected in order to meet the minimum 'point' requirements. -3- . ->; ;,' 9. Exemptions• This ordinance shall not apply to remodeling work ~af'~oes not increase the existing floor area nor to the restoration of a building that has been involuntarily damaged or destroyed.. 10. Installation and Masinte,~,~,ance. The owner, tenant or agent, if any, s a e loin y an 'severally responsible for instal- ling and maintaining all masonry walls and landscaping in a healthy, neat, orderly and physically sound condition and replacing it when deemed necessary by the building official. 11. Bonus Provisions• The minimum building setback in rear yards can ere uce y five (5) feet in "E-R" Restricted Commer- cial, "E" Commercial, and "0-M" Office-Midrise Districts and ten (10) feet in all other commercial and industrial districts providedythat a minimum ten (10) foot landscaped front yard is provided on the site in accordance with the standards specified in Subsection 5 and 6 of this Ordinance." 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 arnended, except where _tlie.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 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 lunconstitutionality 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. -4- 1. 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 theprovisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for~each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. 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 provisions of this ordinanceas 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 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 4, land 8 in the minutes of the City Council and by filing the ordinance in theordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4, 7 and 8 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -5- ,.~! a K ,a, ~- SECTION 8. 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: N Aa,{ ~i y orney Date :.~ ~ ~ `~- ~ ~' ADOPTED: EFFECTIVE ~,______~ i -6-