HomeMy WebLinkAboutOrdinance 22335-08-2016 ORDINANCE NO. 22335-08-2016
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
FORT WORTH, BEING ORDINANCE NO. 21653, AS AMENDED, CODIFIED
AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY
REVISING THE USE TABLES IN CHAPTER 4, "DISTRICT REGULATIONS",
ARTICLES 6, 8 AND 12 TO ADD "URBAN AGRICULTURE" AND
"COMMUNITY GARDENS" AS A PERMITTED USE IN ALL DISTRICTS; TO
AMEND CHAPTER 5, "SUPPLEMENTAL USE STANDARDS", TO ADD
SECTION 5.146 "URBAN AGRICULTURE AND COMMUNITY GARDENS"
PROVIDING DEVELOPMENT STANDARDS FOR URBAN AGRICULTURE,
COMMUNITY GARDENS AND RELATED USES; AND TO REVISE CHAPTER
9, "DEFINITIONS" TO ADD DEFINITIONS RELATED TO URBAN
AGRICULTURE AND COMMUNITY GARDENS; TO; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, obesity related health problems are highest in areas that lack access to fresh
food; and
WHEREAS, healthy and fresh foods should be grown and/or purchased in areas where they
can easily be accessed by local residents; and
WHEREAS, urban gardens increase the supply of locally grown produce encourage healthy
eating and gardening as a part of a healthy lifestyle; and
WHEREAS, urban gardens facilitate job training and food related education activities
including how to grow healthy and fresh foods; and
WHEREAS, existing underutilized lots and vacant land in areas that are in need of
revitalization are ideal to convert to food production; and
WHEREAS, small and large scale food production operations as a primary use should be
able to exist within most zoning districts, with regulations; and
WHEREAS, urban farming contributes to providing locally grown and sourced foods to
local businesses, schools, and nonprofit organizations; and
WHEREAS, consideration is given to minimize the potential negative impacts onto adjacent
properties from urban agriculture practices; and
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No. 22335-08-2016
Page 1 of 10
WHEREAS, enabling urban agriculture throughout the city supports the Blue Zones
Resolution No. 4278 approved by the City Council on January 28, 2014;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1.
Chapter 5 "Supplemental Use Standards" of Ordinance No. 21653, the Zoning Ordinance of
the City of Fort Worth, is hereby amended to revise Article 1, "Standards for Selected Uses" to
add Section 5.146 "Urban Agriculture and Community Gardens" to provide development
standards for Urban Agriculture and Community Gardens and related uses, to read as follows:
A. General Requirements
1. A single responsible party shall be identified for any Urban Farm. The party may be a
private resident, nonprofit or for profit entity.
2. A Land Use Certificate of Occupancy (CO) shall be required for any area that is used
solely for food crop production. Contiguous property within a Production Unit may be
included within one CO. Noncontiguous property will require separate COs.
3. Building permits and COs shall be required for any habitable structure. Building permits
shall be required for non-habitable structures greater than 400 square feet.
4. A maximum 12 square foot sign may be provided displaying the operator and description
of the operation.
5. Large animals. Raising Large Animals for production or slaughter or both shall not be an
allowed use under Urban Agriculture. Large Animals are allowed in accordance with
Section. 5.307.
6. Fowl are allowed in accordance with Appendix B, "Code Compliance" Section 11A-22,
"Keeping of Rabbits, Guinea Pigs, Pigeons, and Certain Fowl" of the City Code.
7. Parking may be provided off-site if employees are parking personal vehicles and
traveling to the worksite in a single or minimal number of vehicles. If personal vehicles
are parked on the street at a site in a residential area, the vehicles shall not remain parked
longer than four (4) hours in a workday.
8. Urban Forestry requirements shall not apply for any Production Area. Trees shall be
required as part of a required landscape buffer when structures requiring a building
permit are on the site, including nonproduction areas such as retail and warehouse.
Fruiting trees may be provided as credit toward the buffer and planting requirements. An
Urban Forestry Plan showing the existing conditions and nay trees to be removed shall be
provided. If trees are removed for agricultural purposes and the agricultural use ceases
within (5) years, replacement trees shall be installed from the protected tree list.
9. Odor shall be controlled on all urban gardens and farms so as to not be a nuisance to
surrounding properties. Any sources of odor shall be controlled and mitigated in
accordance with the City Code and all applicable laws.
10. Beekeeping/Apiary is allowed with the below regulations:
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No.22335-08-2016
Page 2 of 10
a. The responsible parties, who are beekeepers, must adhere to all applicable state laws
concerning the care and handling of bees;
b. Honeybee colonies are kept in hives with removable frames or top bars with dividers,
which shall be maintained in sound working condition;
c. The numbers of hives is tailored to the size of the lot as follows: a maximum of two
hives on lots '/4 acre or smaller, four hives on lots larger than '/4 but less than '/z acre,
six hives on lots larger than '/z acre but smaller than 1 acre. There shall be no limit on
the number of hives on lots larger than one acre. The number of hives may increase
by up to 50% over the designated limits for a period not greater than sixty (60) days.
The Planning and Development Director or designee shall have the authority to require a
person to reduce the number of hives or require other reasonable safety precautions in an
apiary in order to abate any nuisance.
d. If a hive's orientation has the hive entrances located perpendicular to and within. 25
feet or less of an adjacent property line, a solid wall, fence, hedge or combination
thereof at least six feet high shall be placed between hives and adjacent property lines
of developed properties, and extends at least four (4) feet beyond the hive in each
direction along the property line in order to minimize interactions between bees and
the adjacent property
e. A convenient source of water is provided to the bees on the property at all times
during the year to discourage bees from congregating at swimming pools, hose bibs,
or other water sources where contact with humans or pets may occur.
f. No wax comb or other material that encourage robbing by other bees is left upon the
grounds of the lot; instead this material should be stored in sealed, insect-proof
containers or closed buildings. For a period not greater than twenty-four (24) hours
frames and hone harvesting equipment may be left in the bee yard to allow bees to
clean excess honey from the equipment.
g. If a colony exhibits aggressive behavior without provocation, the beekeeper will
ensure that the colony is re-queened or otherwise managed using customary
beekeeping practices;
11. Watering equipment shall comply with the water regulations of the City of Fort Worth.
Irrigation shall utilize water conserving fixtures.
12. Delivery of compost, mulch, soil, or other clean organic or inorganic materials shall be
allowed, provided however, that the storage of the materials shall not exceed six (6) feet
in height and is screened from public view.
13. Chemical applications such as pesticides, herbicides, and fertilizers are allowed provided
that state regulations are followed and the responsible party obtains the required permits.
However, organic growing practices are preferred due to the negative impacts of many
chemicals on environmental quality and public health.
14. All food products provided for sale shall comply with the requirements of Chapter 16
"Health and Sanitation" of the City Code.
15. Property shall be restored to its former condition immediately prior to or an improved
state upon cessation of the Urban Agriculture use, including but not limited to, the
removal of all agricultural structures, tanks, raised beds, irrigation lines and equipment.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No.22335-08-2016
Page 3 of 10
B. In all residential districts as a primary use and "ER" Neighborhood Commercial as a
primary use:
1. On site sales shall be allowed sunrise to sunset, not to exceed three days per week. A
maximum sales area fifty (50) square feet with one temporary structure to be used the
day of the sale. A maximum two (2) foot by two (2) foot signage shall be allowed the
day of sale. A temporary sandwich board sign shall be allowed within ten (10) feet of
the site of sales.
2. Sales may occur in accordance with subsection (1) above for nonresidential properties in
residential districts, e.g. churches and schools.
3. There shall be no size limitation for urban farms.
4. Coverage of buildings shall be determined by the lot coverage for the zoning district. Any
vertical structure over four (4) feet is included in this calculation and includes
classrooms, greenhouses, and storage structures.
5. Screening fences are required for the storage of compost, mulch and similar items.
Storage piles or the fence shall not exceed six (6) feet in height. Storage of these items
shall not be visible from the ground level of adjacent residential property or public
street. Open security fencing shall be allowed for all Production Areas provided
however fences in the front yard shall comply with Section 5.305.
6. Cisterns shall not exceed 500 gallons and/or six (6) feet in height, whichever is greater.
7. Aquaponics shall be allowed within a structure with no outside storage of equipment or
materials.
8. When the agricultural use is accessory to a primary residential use:
a. Subsection (1) above applies, and
b. Front yard gardens are allowed for crop production. Once production ceases and
plants begin to die back, the yard shall be maintained. No weeds or other
unkempt conditions shall remain. Plants that seed shall be allowed to remain
during the seeding process but shall be otherwise maintained.
C. In "E", "F" and "G" Commercial Districts and"CF" Community Facilities District:
1. Production plus permanent or temporary retail sales allowed. Permanent sales
facilities shall operate in accordance with Section 5.145 as a Farmer's Market.
Temporary sales operations shall comply with Section B(1) above.
2. Aquaponics shall be allowed within a structure, with no outside storage of equipment
or materials.
3. Self-pick farms are allowed. Parking shall be required at one vehicle per four(4)
employees and one vehicle per acre of urban farm for customer parking and may be
provided as compacted gravel base.
4. Screening fences are required for the storage of compost, mulch and similar items.
Storage piles or the fence shall not exceed 6 feet in height. Open security fencing
shall be allowed for all production areas. Any retail or nonproduction structure or any
structure that contains a portion of these activities shall comply with the commercial
regulations of the Zoning Ordinance.
5. Motorized equipment shall not exceed ten(10) horsepower.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No.22335-08-2016
Page 4 of 10
D. In "I", "J" and "K" Industrial Districts
1. The commercial requirements in Section C above apply; warehouse/distribution uses
are allowed.
2. Storage of equipment and vehicles including tractors, spreaders and harvesting
equipment may only occur on lots within industrial districts
3. Aquaponics shall be permitted within or outside a structure.
4. Storage piles and fencing may exceed six (6) feet in height.
E. In "H" Central Business District, Mixed Use ("MU) and Form-Based Districts
1. Acreage shall be limited to one acre.
2. Motorized equipment shall not exceed ten (10) horsepower.
3. Screening fences are required for the storage of compost, mulch and similar items.
Neither the storage piles nor the fence shall exceed six (6) feet. Open security fencing
shall be allowed for all Production Areas. Any retail or nonproduction structure or
any structure that contains a portion of these activities shall comply with the
commercial regulations of this ordinance.
F. Site Plans:
1. A site plan is required for any urban farm under Sections B through E above
operated as a primary use. The site plan shall show all areas used for the farming
purposes and may include a multi-lot Production Unit. The site plan may be approved
administratively by the Planning and Development Director or designee. Operations as an
accessory to a residential use shall not be required to provide a site plan. The site plan
may be prepared by the applicant.
2. A site plan shall include the following information:
a) Name and contact information of responsible party(ies)
b) The land area included within the site, the zoning classification of adjacent sites,
and a plat, or survey if not recorded;
c) A legal description of the platted lots of the proposed site and the boundaries
thereof,
d) The location of each proposed permanent structure on the site labeled with the
intended use and include the distance to the property lines;
e) The location of any temporary sales structure;
f) Identification of the location of outdoor storage including composting, organic
debris, and permanent equipment. Storage in piles shall provide intended
maximum pile height;
g) Identification of any equipment to be used in the crop production, location of
storage and expected frequency and duration of use;
h) The dimensions and capacities of parking areas and loading areas, as applicable;
i) Depiction of the landscaping of all street frontages for retail or warehouse uses or a
note that it will comply with Section 6.301 of the Zoning Ordinance
j) The location and height of all walls, fences and screen planting and landscaping;
k) The location of parking for employees.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No.22335-08--2016
Page 5 of 10
1) The location, size, height, foot candle level (brightness) and direction of all
lighting in residential districts or adjacent to "A" or "B" residential districts.
Lighting in residential districts or adjacent to "A" or "B" residential districts shall
be shielded in order to eliminate light trespass onto adjacent properties.
m) Proposed signage if applicable. Signage for nonproduction uses shall meet the
regulations of the applicable Zoning District;
n) The location and screening of refuse containers, mechanical equipment, and other
structures not requiring a building permit;
o) A schedule of the phasing of all improvements shown in the plan, if applicable;
p) For production areas only: if not provided on the farming site, a note shall be
provided where restrooms shall be available for employees. If at the farm's
business office, provide the location. If by agreement with a surrounding business,
provide the name and address of the business and a copy of the written agreement.
Temporary restroom facilities shall be allowed as allowed by Chapter 16 "Health
and Sanitation"of the City Code. Restrooms shall be provided in accordance with
applicable building codes for retail, warehouse, and distribution structures.
q) Location and type of water supply and electrical outlet(s) provided for the
farm/garden.
Note: A basic Storm Water/Erosion and sediment control plan will be required for
review.
Note: All regulations of the Zoning Ordinance apply unless a variance is received and
provided on the site plan.
G. Community Garden
1. On site sales shall be allowed sunrise to sunset, not to exceed three days per week.
Maximum sales area 50 sf. with a temporary structure to be moved to the point of sale
only the day of the sale. Maximum 2 ft. x 2 ft. signage shall be allowed for the day of
sale only. A temporary sandwich board sign shall be allowed within 10 feet of the site
of sales.
2. No fencing or landscaping required, but gardens shall be maintained to a residential
standard. No weeds or other unkempt conditions shall remain.
3. No additional parking spaces are required.
4. No size limit but shall be located on a platted residential lot
5. Accessory structures shall not exceed 400 total square feet.
6. Landscaping structures such as arbors may be installed for aesthetic and shade
purposes behind the required front setback.
7. The maximum structure lot coverage for the applicable zoning district shall apply.
8. A minimum 2 ft. x 2 ft. permanent unilluminated sign shall be installed providing the
phone number of a contact person. A maximum 32 square foot sign may be installed
behind the required front setback. The sign shall be well maintained and removed
upon closure of the garden.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No.22335-08-2016
Page 6 of 10
SECTION 2.
Chapter 4, Article 8, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.803, "Non-Residential District Use Table" is hereby amended to revise section
"Agricultural", to add the use "Urban Agriculture" and add a "P*" under "E" Neighborhood
Commercial through "K" Heavy Industrial District columns for the use with a reference to the
Supplemental Standard Section 5.146.
SECTION 3.
Chapter 4, Article 12, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.1203, "Form Based District Use Table" is hereby amended to revise section
"Agricultural", to add the use "Urban Agriculture" and add a "P*" under "MU-1" Low Intensity
Mixed Use through "MU-2G" High Intensity Mixed Use, "NS" Near Southside Form ]Based
District, "TU" Trinity Uptown Form Based District, "CB" Camp Bowie Form Based District and
"TL" Trinity Lakes Form Based District with a reference to the Supplemental Standard Sect.
5.146.
SECTION 4.
Chapter 4, Article 6, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.603, "Residential District Use Table" is hereby amended to revise section
"Agricultural", to add the use "Community Garden" and add a"P*" under ALL DISTRICTS "A-
2.5" One-Family Residential through "UR" Urban Residential District columns for the use with a
reference to the Supplemental Standard Section 5.146.
SECTION 5.
Chapter 4, Article 8, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.803, "Non-Residential District Use Table" is hereby amended to revise section
"Agricultural", to add the use "Community Garden" and add a "P*" under ALL DISTRICTS "E"
Neighborhood Commercial through "K" Heavy Industrial District columns for the use with a
reference to the Supplemental Standard Section 5.146.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No. 22335-08-2016
Page 7 of 10
SECTION 6.
Chapter 4, Article 12, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.1203, "Form Based District Use Table" is hereby amended to revise section
"Agricultural", to add the use "Community Garden" and add a "P*" under ALL DISTRICTS?
"MU-1" Low Intensity Mixed Use through "MU-2G" High Intensity Mixed Use, "NS" Near
Southside Form Based District, "TU" Trinity Uptown Form Based District, "CB" Camp Bowie
Form Based District and "TL" Trinity Lakes Form Based District with a reference to the
Supplemental Standard Section 5.146.
SECTION 7.
Chapter 9, "Definitions" of Ordinance No. 21653, the Zoning Ordinance of the City of
Fort Worth, Section 9.101, "Defined Terms" is hereby amended to add definitions to read as
follows:
9.101 Defined Terms
AQUAPONICS: the combination of aquaculture (farming of aquatic species) and hydroponics
(plants) to grow food crops or ornamental crops and aquatic species together in a recirculation
system without discharge or exchange of water.
COMMUNITY GARDEN: A shared garden space managed by a public or nonprofit
organization, a neighborhood association, person or group of individuals in the community, to
grow plants and harvest food or ornamental crops for use by those cultivating the land and their
households.
PRODUCTION AREA: raised beds and rows; not to include buildings or structures, including
structures that involve the growing of crops.
PRODUCTION UNIT: For purposes of a site plan, a production unit shall include all property,
contiguous or noncontiguous, that is used for toward the production of agricultural crops. Uses
may include direct production of the land, accessory structures such as greenhouses, storage
buildings, and tanks, and storage of other equipment as appropriate and allowed in the zoning
district. A land use CO will be required for each noncontiguous lot.
URBAN AGRICULTUREIURBAN GARDEN/URBAN FARM: A public or private, for
profit or nonprofit agricultural operation consisting of the planting and harvesting of crops, the
raising of fowl, and beekeeping. This does not include the raising of large animals for
production except as allowed in the Land Use Charts. Per Section 5.146 Supplemental Standards
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No. 22335-08-2016
Page 8 of 10
SECTION 8.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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.
SECTION 9.
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 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 10.
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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists
shall constitute a separate offense.
SECTION 11.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of Ordinances No. 3011, 13896, 21653 and 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.
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No. 22335-08-2016
Page 9 of 10
SECTION 12.
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 13.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall
remain in full force and effect.
SECTION 14.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
-
Melinda Ramos Mary J. yser
Sr. Assistant City Attorney City Secretary
ADOPTED: Aui/zu��st 2,,,,,2016 pp
EFFECTIVE:
Sec. 5.147 Urban Ag and Community Garden et al 2016 Ordinance No. 22335-08-2016
Page 10 of 10