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HomeMy WebLinkAboutOrdinance 18105-05-2008ORDINANCE NO. 18105-OS-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SECTION 4.907, CENTRAL BUSINESS ("H") DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CU1VlCULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WfIEREAS, the purpose of the "H" District is to provide more intense commercial uses consistent with those typical of a Central Business District area; and WHEREAS, the Zoning Ordinance maintains a projected front yard standard that requires the most intensive front setback on a block face to apply to all future development on that street, and WHEREAS, the "H" District as written is exempt from front yard setbacks but applies a projected front yard setback to development which is not consistent with the intent of the district; and WHEREAS, it is advisable to delete the projected front yard setback requirement from the "H" District in order to allow development to occur consistent with the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Article 9, "Commercial Districts", Subsection C., "Property Development Standards" of Section 4.907, "Central Business ("H") District" of Chapter 4, "District Regulations" of Ordinance Number 13896, the Zoning Ordinance of the City of Fort Worth, is amended to omit the requirements related to projected front yards to development in the "H" district, clarify that front yard setback requirements do not apply to the district and revise the accompanying table to read as follows: 4.907 Central Business ("H") District C. Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Central Business ("H") District shall be as shown in the accompanying table. Development in this district shall be exempt from all subsections, except for Subsection A, of Section 6.101, "Yards" of Chapter 6, "Development Standards" Access for one-family attached (townhouse, rowhouse) units shall be provided to each principal building by: A public street or alley; or by A private common access easement that is not less than 20 feet in width. This district may only be applied to that area known as the Central Business District of Fort Worth bounded on the east by I-35W; on the south by a line one- half block south of Vickery Boulevard and extending west to the centerline of I- 30; on the west by a line extending north and south with the east property line of the City of Fort Worth Water Treatment Plant to West 10th St. and along West 10th St. to Clear Fork of the Trinity River and along the Clear Forlc to the Trinity River; on the north by the center of the Trinity River to the extension of Jones Street and thereafter by Bluff Street, as shown in Exhibit B.15. Central Business ("I3") District f Front Yard one required ear Yard one required nits per Acre o restriction nits per Building o restriction Side Yard 5 feet minimum adjacent to residentially zoned lot, one otherwise. If provided, side yard must be 3 feet uxn. Refer to Sect. 6.1 OlA. eight o restriction 2 SECTI®N 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 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. SECTI®N 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 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. SECTI®N 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. 3 SEC'I'I®N 5. Ail 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 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'I'I®N 6. 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. SECTI®N 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney ADOPTED: EFFECTIVE: 4 ORDDINANCE NO.18105-OS-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SECTION 4.907, CENTRAL BUSINESS ("H") DISTRICT; PROVIDING THAT THIS ORDDINANCE SHALL BE CUMTTLATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of the "H" District is to provide more intense commercial uses consistent with those typical of a Central Business District area; and WHEREAS, the Zoning Ordinance maintains a projected front yard standard that requires the most intensive front setback on a block face to apply to all future development on that street, and WHEREAS, the "H" District as written is exempt from front yard setbacks but applies a projected front yard setback to development which is not consistent with the intent of the district; and WHEREAS, it is advisable to delete the projected front yard setback requirement from the "H" District in order to allow development to occur consistent with the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Article 9, "Commercial Districts", Subsection C., "Property Development Standards" of Section 4.907, "Central Business ("H") District" of Chapter 4, "District Regulations" of Ordinance Number 13896, the Zoning Ordinance of the City of Fort Worth, is amended to omit the requirements related to projected front yards to development in the "H" district, clarify that front yard setback requirements do not apply to the district and revise the accompanying table to read as follows: 4.907 Central Business ("H") District C. Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Central Business ("H") District shall be as shown in the accompanying table. Development in this district shall be exempt from all subsections, except for Subsection A, of Section 6.101, "Yards" of Chapter 6, "Development Standards" Access for one-family attached (townhouse, rowhouse) units shall be provided to each principal building by: A public street of alley; or by A private common access easement that is not less than 20 feet in width. This district may only be applied to that area known as the Central Business District of Fort Worth bounded on the east by I-35W; on the south by a line one- half block south of Vickery Boulevard and extending west to the centerline of I- 30; on the west by a line extending north and south with the east property line of the City of Fort Worth Water Treatment Plant to West 10th St. and along West 10th St. to Clear Forlc of the Trinity River and along the Clear Fork to the Trinity River; on the north by the center of the Trinity River to the extension of Jones Street and thereafter by Bluff Street, as shown in Exhibit B.15. Central Business ("I~") District ront Yard one required ear Yard one required nits per Acre o restriction nits per Building o restriction Side Yard 5 feet minimum adjacent to residentially zoned lot, one otherwise. If provided, side yard must be 3 feet um. Refer to Sect. 6.lOlA. height o restriction 2 SECTI®N 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 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 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. SECTI®N 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. 3 SEC7CI®N 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 Ordinances No. 3011, 13896 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. SECTI®N 6. 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. SECTI®N 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM A~N/~D LEGALITY: Assistant ty Attorney ADOPTED: May 22, 2008 EFFECTIVE: (7 ~~~ --- 4