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HomeMy WebLinkAboutOrdinance 9781 ORDINANCE NO. [ ® / AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH ( APPENDIX "A°' OF THE CODE OF THE CITY OF FORT WORTH) BY PROHIBITING THE LOCATION OF HOTELS AND MOTELS WITHIN 500 FEET OF' ANY RESIDENTIALLY ZONED PROPERTY; PROVIDING FOR "PD" ZONING AND SITE PLAN APPROVAL FOR ANY HOTEL OR MOTEL WITHIN 1,000 FEET OF ANY RESIDEN- TIALLY ZONED PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL $E CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; 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: SECT ION 1 . That Section 9A, "F-R" Commercial District, of the Comprehen- sive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by revising Item 17 of Subsection A, "Use Regulations", to read as follows: "17. Hotels and motels subject to the restrictions con- tained in Section 18." SECTION 2 . That the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) be amended by adding the following Paragraph 12 to Section 18, Paragraph A, which paragraph shall read as follows: "12.(a) Regardless of the zoning, no motel or hotel shall be located within 500 feet of any residentially zoned property. Where such motel or hotel is located more than 500 but less than 1,000 feet of any residentially zoned property, a Planned Development District shall be created for such use. The above distances shall be measured radially from property line to property line. (b) The following criteria shall be applicable to any Planned Development Hotel use: 1. Ingress/egress should be taken from the major street furthest from the residentially zoned property; 2. No screening fence shall be erected along the perimeter of the hotel property adjacent to a street, alley or right-of-way; provided, how- ever a) A screening fence shall be permitted around swimming pools, tennis courts and other recreational facilities; and b) A screening fence shall be permitted along property lines adjacent to other lots; 3. Incidental businesses may be conducted within the hotel, provided that the principal entrance to the business shall be from the inside of the building; 4. A secondary entrance to the hotel may be pro- vided from a court or from the principal front- age but from no other street and shall not face any residentially zoned property. Exception: Emergency egress only when required by the Building Code and only when no other emergency egress can be designed. 5. Any other conditions required by the Plan Commission or City Council as a condition of site plan approval." (c) Any screening fence erected along the perimeter of any hotel property adjacent to a street, alley or right-of-way prior to the effective date of this ordinance shall be relocated or removed no later than January 1, 1990. SECTION 3 . That the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by deleting in its entirety Paragraph C.18. of Section 20, "Board of Adjustment." -2- SECT ION 4 . 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. SECT ION 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 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. SECTION 6. 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 vio- lation is permitted to exist shall constitute a separate offense. -3- SECT ION 7 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Comprehensive Zoning Ordinance or any other ordinances affecting hotels and motels 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 8. 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 pro- vided 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 is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 6, 10 and 11 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -4- r .~ SECTION 10 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 6, 10 and 11 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. SECT ION 1 1 . This ordinance shall be in full force and effect from ar~d after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: n ~~~~~ I"(5~~~'City Attorney Date: ~~ ~f~+~` ADOPTED: ~~~~/G~Y4 EFFECTIVE: -5-