HomeMy WebLinkAboutOrdinance 18389-12-2008ORDINANCE NO. 18389-12-2008
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 4.900, "NEIGHBORHOOD
COMMERCIAL RESTRICTED DISTRICT", OF CHAPTER 4,
"DISTRICT REGULATIONS" TO AMEND USES AND
DEVELOPMENT STANDARDS; BY AMENDING SECTION 4.803,
"NON-RESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4,
"DISTRICT REGULATIONS" TO ADD AND REMOVE USES
FROM THE "ER DISTRICT"; 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 the Neighborhood Commercial Restricted "ER" District was
intended to serve as a buffer between commercial and residential uses by providing
compatible uses and development standards, including a restriction on the sale of alcohol;
and
WHEREAS the current Neighborhood Commercial Restricted "ER" District
regulations limit the size of the commercial business to twenty-five hundred square feet;
and
WHEREAS the City of Fort Worth has determined that the Neighborhood
Commercial Restricted "ER" District, as written, is not being used to its full potential in
all areas of the city due to the limitation on the allowed square footage of the building;
WHEREAS the City has formed a committee to study the Neighborhood
Commercial Restricted "ER" District., its development regulations and uses.- and
WHEREAS the committee, after meeting for several weeks, recommends
amending the Neighborhood Commercial Restricted "ER" District development
standards and uses in order to make the district more viable;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 4.900, Neighborhood Commercial Restricted "ER" District of Chapter 4,
District Regulations, of Ordinance No. 13896, the zoning ordinance of the City of Fort
Worth, is hereby amended to read as follows:
4.900 Neighborhood Commercial Restricted ( "ER ") District
A. Purpose and Intent
The purpose of the Neighborhood Commercial Restricted ( "ER ") District is to provide areas
for neighborhood serving limited commercial, institutional and office uses. Alcoholic
beverage sales are prohibited.
B. Uses
In the Neighborhood Commercial Restricted ( "ER ") District, no building or land shall be
used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor
shall a Certificate of Occupancy be issued, except in accordance with the use tables in
Chapter 4, Articles 6 and 8, and the supplemental use standards of Chapter 5.
1. Limitations on Commercial Development in "ER" District.
The sale of alcoholic beverages shall not be permitted in the "ER" District.
All business shall be conducted wholly within an enclosed building.
No drive -in or curb services shall be permitted unless approved through Special
Exception.
C. Property Development Standards
The minimum dimension of lots and yards and the height of buildings in the Neighborhood
Commercial Restricted ( "ER ") District shall be as shown in the accompanying table.
Neighborhood Commercial Restricted ( "ER ") District
Business/Tenant Size 5,000 square feet maximum gross floor area per tenant. Exterior
entrances are required for each tenant. Special Exception required:
for each business in excess of 5,000 square feet.
2
Building Size
10,000 square feet maximum gross floor area. Special Exception
Residential District
'required for building in excess of 10,000 square feet.
Building Lot Coverage
`30% maximum
Front Yard*
20 feet minimum
Rear Yard*
building.
Adjacent to A or B
'S feet minimum, however where a residential supplemental setback
Residential District
applies and the building exceeds 20 feet in height, the building'
Corner lot **
,setback must equal the height of the building.
Adjacent to All Other
5 feet minimum
Districts
i
Side Yard*
Interior lot:
Adjacent to A or B
s5 feet minimum adjacent to residentially zoned lot; none otherwise.
Residential District
'If provided, side yard must be 3 feet minimum. However where th+
building exceeds 20 feet in height and a residential supplementa
,setback applies, the building setback must equal to the height of the
building.
Adjacent to All Other
5 feet minimum
Districts
Corner lot **
i
None required unless through lot, then 10 feet minimum required
Height
35 feet maximum. For any part of a building that exceeds 20 feet it
,height and a residential supplemental setback applies per Sectiot
6.300, the building setback must equal the height of the building
See Section 6.100.
Notes:
* Additional setback muv be required by Section 6.300.
** May be subject to projected front yard (Section 6. 101F)
D. Other Development Standards
Development in the Neighborhood Commercial Restricted ("ER") District may be subject to
a variety of general development standards in Chapter 6, and the fallowing provisions-
1, Off - Street Parking and Loading. For further details, other uses, and loading
areas, see Chapter 6 Development Standards, Article 2. Limited to passenger
automobiles only. The restrictions in Section 6.202E shall apply to all auxiliary
parking.
a. Parking shall not be permitted in the required front yard (setback) if the
required front vard of the building faces any portion of a required front yard of an
A or B residential district or the front yard of the building is adjacent to the front
yard of an A or B residential district. The remainder of the yard must be
landscaped.
b. Retail buildings require one space per 250 square feet. Office or
professional buildings require one space per 400 square feet. A curb or bumper
shall be placed along the perimeter of the parking area to prevent vehicles from
extending into the required front yard, into an abutting alley, beyond the property
line, or from damaging the walls or shrubs screening it from residential property.
The required front yard shall not be graveled or hard - surfaced, but shall be
maintained as open or landscaped green space. A sidewalk shall be constructed to
City specifications abutting the front line of the parking lot and between the lot
and the property line of the nearest intersecting commercial street.
2. Landscaping and Buffers adjacent to A or B Residential Zoning District.
Screening trees must be provided within the buffer area along the property line
adjacent to an A or B district. Trees must be spaced no more than 25 feet apart.
50% of these trees must be evergreen.
A minimum six foot screening fence is required along the property line adjacent
to an A or B district. Allowed screening fence materials are limited to masonry
or wrought iron fence with landscape screening; smooth concrete, wood, vinyl or
metal fences are not permissible types. See Chapter 6, Development Standards,
Article 3.
3. Signs. See Chapter 6 Development Standards, Article 4. No freestanding or roof
signs are permitted. Signs shall be fastened flat against the wall. No sign shall
be illuminated. The sign shall cover no more than 15 percent of the area of the
wall or facade. including doors and windows, on which the sign is placed, and
shall not extend above the roof line or parapet wall of the building.
SECTION 2.
Except as expressly amended, all provisions of the Ordinance No. 13896, as
amended, shall remain in full force and effect.
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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
4
repealed.
SECTION 4.
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 5.
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 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
anv and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896, 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 ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts,
SECTION 7.
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.
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This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
T
A
Assistant City Attorney
ADOPTED: December 2, 2008
EFFECTIVE:
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