HomeMy WebLinkAboutOrdinance 23587-03-2019ORDINANCE N0.23587-03-2019
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
N0. 216539 AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH (2015), TO AMEND ARTICLE 10
"INDUSTRIAL DISTRICTS" OF CHAPTER 4, "DISTRICT
REGULATIONS", SECTION 4,1000, "LIGHT INDUSTRIAL ("I")
DISTRICT" TO INCREASE THE MAXIMUM HEIGHT ALLOWED AND
DELETE THE MAXIMUM HORSEPOWER REQUIREMENT, AND
AMEND ARTICLE 3, "LANDSCAPING, BUFFERS AND URBAN
FORESTRY" OF CHAPTER 6, "DEVELOPMENT STANDARDS,"
SECTION 6.300 "BUFFERYARD AND SUPPLEMENTAL BUILDING
SETBACK" TO PROVIDE REGULATIONS WHEN LIGHT, MEDIUM,
AND HEAVY INDUSTRIAL DISTRICTS ARE ADJACENT TO ONE- AND
TWO-FAMILY RESIDENTIAL DISTRICTS, PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 12, 2017, the City Council accepted the Fort Worth Economic
Development Strategic Plan (Plan) aimed at enhancing the City's status in the region and nation;
and
WHEREAS, the Plan included four specific outcomes, one of which is to provide for a
more sustainable tax base, driven less by residential property valuation and more by commercial
and industrial investment and to increase job growth; and
WHEREAS, in implementing the Plan and encouraging industrial expansion, it has been
determined that the current height limit in the "I" Light Industrial District of 45 feet is not adequate
to satisfy the market demand for building size, often requiring property owners/applicants to
rezone to a more intensive zoning district that allows more height or to create a Planned
Development "PD" District; and
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WHEREAS, to better implement the Plan and reduce incompatibilities between residential
and industrial uses, greater buffer standards are required to more adequately protect One- and Two -
Family residential districts that are located adjacent to Light ("I"), Medium ("J") and Heavy ("K)
industrial districts; and
WHEREAS, staff is recommending amendments to the Zoning Ordinance to provide for
regulations which would enable industrial districts to coexist with One- and Two -Family districts
by reducing the activity and intensity in proximity to the residential area; and providing a greater
landscaped separation between the activity; and
WHEREAS, current technology used in operating certain industrial uses has rendered the
regulation related to the maximum 50 horsepower allowed in "I" Light Industrial district is no
longer necessary and staff is recommended it's removal; and
WHEREAS, the Zoning Commission recommends approval of the amendments to the
Zoning Ordinance to aid in the further of the Plan while providing additional protections to
residential districts adjacent to industrial districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 4 "District Regulations", Article 10 "Industrial Districts", Section 4.1000 "Light
Industrial "I" District", of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth,
is hereby amended to revise subsection (c), to increase the maximum height allowed from 45 feet
to 55 feet and to revise subsection (d) to delete the language in item 4 and remove the maximum
horsepower limitation, to read as follows:
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SEC. 4.1000 LIGHT INDUSTRIAL ("I") DISTRICT.
(c) Property development standards. The minimum dimension of lots and yards and the
height of bungs in the Light Industrial ) district, shall be as shown as below.
4.1000 Light Industrial ("I") District
3 stories or 55 feet maximum provided, however, stealth
telecommunication towers are permitted to a height of 75 feet. The urban
Height design commission must approve the design of all stealth
telecommunication towers. Telecommunication towers are permitted to a
height of 75 feet
(d) Other development standards. Development in the Light Industrial ("I") district maybe
subject to a variety of general development standards, including, but not limited to the following:
...delete item 4.
SECTION 2.
Chapter 6 "Development Standards", Article 3 "Landscaping, Buffers and Urban Forestry,
Section 6.300 "Bufferyard and Supplemental Building Setback" of Ordinance No. 21653, the
Zoning Ordinance of the City of Fort Worth hereby amends subsection (c)(1) to revise the Area
requirements table to revise the building setback required and incorporate a reference to subsection
(k) and to move the existing language in subsection (k) regarding exemptions and exceptions to
newly added subsection (1) and replace with new language to provide regulations for Industrial
Districts when adjacent to One- And Two -Family Districts, to read as follows:
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SEC. 6.300 BUFFERYARD AND SUPPLEMENTAL BUILDING SETBACK.
(c) (1) a. Area requirements
District Building Setback Bufferyard Width
50 feet 5 feet
50 feet* 5 feet
50 feet* 5 feet
* Plus 5 feet for each additional story above 3 stories in height
** 45 degree transitional height plane applies above 45 feet or 3 stories, whichever is less. See
Figure 6.1 and Figure 6.2, and explanatory language below.
*** Refer to Section 6.300 (k) when adjacent to One- or Two- Family zoning districts
(k) The below additional standards apply in "I" Light Industrial, "J" Medium Industrial and
"K" Heavy Industrial when adjacent to One -Family or Two -Family Districts as measured
at the property line. The standards shall not apply when the Industrial Districts and One -
and Two -Family Districts are separated by a street.
1. Within the required 50 foot supplemental setback and in addition to the required
screening fence or wall, a 20 foot landscaped bufferyard shall be installed along the
length of the boundary of the One- or Two -Family district to include minimum 2 '/2
caliper trees and shrubs in order to provide a vegetated screen. Medium trees shall be
planted every 15 feet on center or large trees planted every 30 feet on center. Shrubs
that are indicated to grow to a minimum of 8 feet tall shall be planted in between the
trees. Activity within this supplemental setback shall comply with 6.300(b). The 20
foot bufferyard will not apply to properties less than 500 feet in depth as measured
perpendicular to the primary public street.
2. If visible from One- or Two-family Districts, storage and dumpsters shall be screened
from view from the residential property by an 8 foot screening masonry wall
surrounding the storage area. If a building is between the storage or dumpster area
and the One- or Two -Family district boundary, and the area is not viewable from
adjacent the residential uses, no screening wall is required.
3. Exterior portions and/or facades of buildings must use colors consisting of neutral
earth tone; trim and may be a different neutral earth tone color.
4. Exterior entrances shall consist of storefront glass, canopies and masonry
articulation or similar architectural features.
5. Any outdoor lighting within 150 feet of a One- or Two -Family District shall not
create any ambient light that trespasses onto adjacent residential uses and shall be
zero (0) foot candles on the side adjacent to a residential property with appropriate
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cutoffs installed. Lighting in this area shall not exceed 20 it, in height including
attached wall fixtures.
6. No illuminated signage shall face the One- or Two -Family District.
(1) Exemptions and exceptions.
(1) Remodeling work that does not increase the existing floor area or the
restoration of a building that has been involuntarily damaged or destroyed shall be exempt
from the supplemental bufferyard and building setback requirements.
(2) When a legal use exists on property and subsequent to establishing such legal
use, adjacent property or property across an alley is rezoned to a one- or two-family district,
the construction of new buildings and the addition, remodeling, alteration or total
restoration due to involuntary destruction of existing buildings on the property are exempt
from the requirements of a bufferyard, screening fence and supplemental building setback.
(3) When a residence is converted to a nonresidential use or when an existing
nonresidential use expands the building square footage and/or parking area, then the
minimum required bufferyard points shall be reduced to 15 points. If a masonry wall is
used to satisfy the minimum point requirements, there shall be no bufferyard width
requirement.
(4) Nothing herein shall require a bufferyard to be placed on a nonresidential use
site where such nonresidential use site is immediately adjacent to a waterway, railroad
right -of --way, power transmission or other easement where such right-of-way or easements
are at least 50 feet in width, or public street right-of-way at least 300 feet in width.
(5) Any area located within an airport operating area, defined as those areas
associated with aircraft movement, shall be exempt from the supplemental bufferyard and
supplemental building setback requirements.
SECTION 4.
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 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 unconstitutional by the valid judgment or
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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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 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 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.
SECTION 8.
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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SECTION 9.
A11 other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 100
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TQ-EOR�AND LEGALITY:
By:
0
Melinda Ramos,
Sr. Assistant City Attorney
ADOPTED:
EFFECTIVE
City Secretary
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