HomeMy WebLinkAboutOrdinance 23738-08-2019 ORDINANCE NO. 23738-08-2019
AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (2015), BY AMENDING
ARTICLE 3 "ACCESSORY USES", OF CHAPTER 5, "SUPPLEMENTAL
USE STANDARDS," SECTION 5.305 "FENCES" TO PROVIDE FOR
MATERIALS ALLOWED FOR FENCES REQUIRED ALONG
ARTERIAL STREETS FOR ONE AND TWO-FAMILY SUBDIVSIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City desires to improve the durability and sustainability of materials for
fences or walls required along arterial streets for one- and two-family subdivisions; and
WHEREAS, such goals can be accomplished by deleting cedar wood as an allowed material
and allowing wrought iron, tubular steel, durable composite board with top and bottom rails, or other
materials which have a longer period of durability and sustainability; and
WHEREAS, the City finds it to be in the public interest and general welfare to amend the
Zoning Ordinance provisions to amend the materials allowed for fencing required along arterial
streets for one- and two-family subdivisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1.
Chapter 5 "Supplemental Use Standards", the Zoning Ordinance of the City of Fort
Worth, is hereby amended to revise Article 3, "Accessory Uses" to amend Section 5.305(a)(18)
to amend materials allowed for fences in one- and two-family subdivisions, to read as follows:
See. 5.305 FENCES.
(a) Fences required. Fences are required as follows.
(18) a. Any property (except when located in a mixed use district) that is platted into three
lots or more for one- or two-family development where the side or rear yard are adjacent to an
arterial street as defined by the city master thoroughfare plan, shall be required to provide a
minimum six-foot wall of brick, stone, masonry, decorative cast concrete, wrought iron, tubular
steel, durable composite board with top and bottom rails, or other material with a projected life
expectancy of 25 years or more along the entire length of each property. Masonry columns shall
be provided not greater than ten feet on center. All fence posts must be placed at a depth of at
least twenty-four (24) inches into the ground, filled and anchored with concrete footers or
encasement. A horizontal relief of the same height shall be placed parallel to the arterial street at
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intervals not greater than 500 feet with a minimum off-set of three feet in depth by 50 feet in
length. The off-set section shall be wrought iron type fence design or other such material as
approved by the director of planning and development, as referenced in subsection (c)(1) below.
Required fences may also be located within an easement dedicated to a home owners association
(HOA) or pubic improvement district (PID), or, a designated lot of not less than five feet wide
along the rear or side property line of the residential lots adjacent to the arterial street right-of-
way under the control of an HOA or PID. No building permit shall be issued for lots required to
provide a masonry screen fence under this section until a building permit has been provided for
the fence.
b. Replacement of a portion of a fence shall match the existing fence material and
design.
SECTION 2.
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 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.
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SECTION 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.
SECTION 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, 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 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.
SECTION 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
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SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPRO ED AS TOF4RW AND LEGALITY:
�&a-, t4,4 � 2. /' -
Melinda Ramos Na4y J. Kayser
Sr. Assistant City Attorney City Secretary
ADOPTED: August 6, 2019
EFFECTIVE: �eP �l1n�� �', o?DIq ,OF.F RT
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AS
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