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HomeMy WebLinkAboutOrdinance 9716\. .~ a . ORDINANCE NO. ~~ AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, (1964), AS AMENDED, BY CREATING A NEW "0-M" OFFICE-MIDRISE ZONING DISTRICT PERMITTING THE CONSTRUCTION OF OFFICES AND OTHER COMMERCIAL USES NOT TO EXCEED SIX (6) STORIES OR EIGHTY ( 80 ) FEET IN HEIGHT ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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: SECT ION 1 . THAT Ordinance No. 3011, as amended, is hereby amended by adding a new Section "8-B" to be entitled "O-M" Office-Midrise District, such section to read as follows: Section 8-B. "O-P+I" OFFICE-MIDRISE DISTRICT . It is the purpose of the "O-M" Office-Midrise District to provide a specific zone for the development of offices as the primary use and other limited commercial uses as ancillary uses, allowing for greater height of such struc- tures, subject to specific development controls. A. USE REGULATIONS: In the "O-M" Office-Midrise District, the primary use of any building or land shall be for office purposes, provided that any of the following may be located in the "O-M" District as accessory uses to an office building: 1. Any uses permitted in the "E-R" Restricted Commercial District, including residential uses as a part of a mixed use structure provided that the residential use does not exceed 25~ of the floor area of any building. 2. Bakeries, provided that the floor area does not exceed three thousand (3000) square feet. f[ ~. ' 3. Banks. 4. Blueprinting or photostating. 5. Business colleges, or private schools operated as a commercial enterprise. 6. Caterer or wedding service. 7. Cigar or tobacco stores. 8. Confectionery stores. 9. Delicatessen shops. 10. Department stores. 11. Drug stores. 12. Dry goods and notions stores. 13. Duplicating service, by mimeographing, multi- graphing, and off-set printing, provided that the floor area does not exceed two thousand (2000) square feet. 14. Florist or gift shops. 15. Jewelry stores, optical goods. 16. Liquor or package stores. 17. Offices. 18. Restaurants, cafes, cafeterias: including res- taurants and cafes legally authorized (by duly issued permits from the City and State) to sell alcoholic beverages for consumption on the premises. The terms restaurants, cafes, used herein, refers to places which are regularly open in a bona fide manner; which are used and kept open for the service of food to customers for compensation; which have suitable seating for guests; which have suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an ancillary use, provide patrons with space for dancing or permit patrons to dance. -2- ys - 19. Shoe-shine parlors. 20. Tailor, clothing or wearing apparel shops. 21. Variety stores. 22. Special exception uses when authorized by the Board of Adjustment under the provisions of Section 20. B. HEIGHT AND AREA REGULATIONS: In the "0-M" Office- Midrise District the height of buildings and the minimum dimensions of yards shall be as follows: HEIGHT: Maximum of six (6) stories, not to exceed 80 feet. FRONT YARD*: Minimum of 20' feet REAR YARD*: Minimum of 5 feet SIDE YARD*: A Interior Lot, Minimum of 5 feet B Corner Lot, Minimum of 10 feet adjacent to the side street unless front yard setback is required. * Notwithstanding anything contained herein to the contrary, all buildings shall be setback from the nearest property line of any property zoned "A-1" Family, "A-R" Residential, "B-2" Family, "R-1" Residential or "R-2" Residential, a distance of one foot for each foot in height of the building. SECT ION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), 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. -3- .>. 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 unconstitu- tional 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. SECT ION 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 One Thousand Dollars ($1,000) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECT ION 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 -4- I f 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, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pr o- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECT ION 7 . The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption 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 and sections 4, 8 and 9 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- - . .. '? ,"s ' 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 LEGALITY: City AttGOrney Date : i ~ ~ i ~ ADOPTED: ~ ~-~l/~ _ EFFECTIVE: ~~~ ~~ -6-