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HomeMy WebLinkAboutOrdinance 6567 ORDINANCE NO. 7 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SAID PURPOSE DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS BY AMENDING SECTION 1 THEREOF TO PROVIDE ADDITIONAL DEFINITIONS; BY AMENDING SECTION 2 THEREOF BY ADDING SECTION 2-E "O-1", FLOOD PLAIN DISTRICT, AND SECTION 2-F "0-2", FLOOD PLAIN DISTRICT, THERETO; BY AMENDING SECTION 20 THEREOF; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING ZONING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I THAT Section 1, Definitions, of the Comprehensive Zoning Ordinance No. 3011, as amended, be and the same is hereby amended by adding thereto the following additional definitions to be inserted in their proper alpha- betical and numerical order: FLOOD: A general and temporary condition of partial or complete inundation, by water or mud, of lands not normally inundated and that are used or usable by man. FLOOD, FIFTY-YEAR: A flood having an average frequency of occurrence of once in fifty (50) years although such flood may occur in any year. A fifty=year flood is determined by statistical analysis of stream flow records, and rainfall and runoff characteristics in the watershed. FLOOD, INTERMEDIATE REGIONAL: A flood having an average fre- quency of occurrence of once in one hundred (100) years al- though such flood may occur in any year. An Intermediate Regional Flood is determined by statistical analysis of stream flow records, and rainfall and runoff characteristics in the watershed. FLOOD PLAIN: Land which has a history of flood or is subject to recurrent flooding as determined by the City of Fort Worth Public Works Department. RESERVE SPACE: That area within an urban region which is retained in or restored to a predominantly natural state or condition, and which may be reserved or employed for recreation, conservation, the protection and preservation of places and areas of historical and cultural importance and significance, and control of urban development. SUMP: A natural or excavated area designated by a public agency for flood control purposes where flood waters may be impounded pending discharge through outlet works. SECTION II THAT Subsection "A" of Section 2, Districts, of the Comprehensive Zoning Ordinance No. 3011, as amended, be and the same is hereby amended so that hereafter it shall read as follows: A. In order to regulate and restrict the location of trades and industries and the location of buildings erected, re- constructed, altered or enlarged for specified uses, to regulate and restrict the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of popula- tion, the City of Fort Worth is hereby divided into dis- tricts, of which there shall be twenty-one (21), which are grouped in classes for convenience of reference as follows: Class 1 - Special Purpose 1. "AG" Agricultural District or District "AG" 2. "CF" Community Facilities District or District "CF" 3. "MH" Mobile Home Park District or District "MH" 4. "IP" Industrial Park District or District "IP" 5. "O-1"Flood Plain District or District "0-1" 6. "O-2"Flood Plain District or District "0-2" Class II - Residential 7. "A" One-Family District or District "A" 8. "B" Two-Family District or District "B" 9. "C-R" Restricted Apartment District or District "C-R" 10. "C" Apartment District or District "C" 11. "D" Apartment District or District "D" Class III - Commercial 12. "E-R"Restricted Commercial District or District "E-R" 13. "E-P"Planned Commercial District or District "E-P" 14. "E" Commercial District or District "E" 15. "F-R"Restricted Commercial District or District "F-R" 16. "F" Commercial District or District "F" -2- 17. "G" Commercial District or District "G" 18. "H" Business District or District "H" Class IV - Industrial 19. "I" Light Industrial District or District "I" 20. "J" Light Industrial District or District "J" 21. "K" Heavy Industrial District or District "K" The term "more restricted district" means one with fewer permitted uses and the term "less restricted district" means one with more permitted uses. SECTION III THAT the Comprehensive Zoning Ordinance No. 3011, as amended, be and the same is hereby amended by adding thereto Section 2-E "O-1", Flood Plain District, which shall read as follows: SECTION 2-E "O-1", FLOOD PLAIN DISTRICT. It is the intent of this Section that District "0-l" shall include, and shall be limited to lands subject to the 50- Year Flood. The boundaries or limits or lands subject to the 50-Year Flood shall be determined by the City of Fort Worth Public Works Department and shall be shown on the official map of the City of Fort Worth. The City Zoning Commission shall recommend to the City Council whether or not all or any part of the lands subject to the 50-Year Flood shall be classified District "O-1". A. USE REGULATIONS: In District "O-1", no building or land shall be used, and no building or structure shall be hereafter erected, reconstructed altered or enlarged, and no certificate of occupancy shall be issued, unless otherwise provided in this ordinance, except for one or more of the following uses: 1. Agricultural uses, including farming, grazing and livestock raising and pasturing, including accessory feeding pens (but not commercial feeding pens), truck gardens, orchards and nurseries for the growing of plants and shrubs, provided that no obnoxious fertilizer is stored on the premises and no obnoxious soil or fertilizer processing is con- ducted thereon. 2. Structures, installations and facilities installed, operated and maintained by public agencies for flood control purposes. 3. Public service structures, including railway and highway bridges, provided that the location thereof shall first be approved by the City of Fort Worth Plan Commission upon report and recommendation of the appropriate City of Fort Worth departments. 4. Mining of soil, sand, gravel and minerals, provided that such use shall first be approved by the Zoning Board of Adjustment after report by the City of Fort Worth Health, Planning and Public Works Depart- ments and after public notice and hearing. -3- 5. Irrigation intakes and pumps. 6. Industrial condenser water intake and outlet works. 7. Public or private utility installations, other than permanent buildings. 8. Sumps. 9. Wildlife sanctuary, woodland preserve, aboretum. 10. Public or private reserve space. 11. Hunting or fishing preserve. 12. Boat rental, boat sales. 13. Bridle trail, bicycle trail, nature trail. 14. Country club; sports or recreation center, excluding principal buildings. 15. Golf course, driving range, archery range. 16. Christmas tree sales. 17. Taxicab stands. 18. Roads, driveways. 19. Temporary buildings and structures accessory to the above uses, such buildings and structures to be used for limited periods of time as designated by the City of Fort Worth Building Official. 20. Parks, playgrounds or recreational areas owned and operated by the City of Fort Worth. B. RESPONSIBILITY FOR FLOODING: The fact that land or property is or is not classified as being within the "O-l" Flood Plain District shall not constitute assurance that said land or property is not subject to, local flooding and the designation of the "O-l" Flood Plain District in this ordinance shall not be so interpreted. SECTION IV THAT the Comprehensive Zoning Ordinance No. 3011, as amended, be and the same is hereby amended by adding thereto Section 2-F, "0-2", Flood Plain District, which shall read as follows: SECTION 2-F "0-2", FLOOD PLAIN DISTRICT It is the intent of this Section that District "0-2", shall include those lands subject to the Intermediate Regional Flood, but shall not include land in District "O-1". The boundaries or limits of lands subject to the Intermediate Regional Flood shall be designated by the City of Fort Worth Public Works Department and shown on the official map of the City of Fort Worth. The City -4- Zoning Commission shall recommend to the City Council whether or not all or any portion of the lands designated as subject to Intermediate Regional Flood shall be classified District "0-2". A. USE REGULATIONS: In District "0-2", no building or land shall e used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged, and no certificate of occupancy issued unless said building or structure is designed and employed for other than human habitation; and, is so designed, constructed and sited so as to not constitute an encroachment hazard or obstacle to the movement of flood waters; and, of a type not appreciably damaged by flood waters; and, firmly anchored to prevent dislodgment by flood waters; and, approved by the Director of the Department of Public Works following city staff, and utility, county and state agency recommendations, as required; provided that where in the opinion of the Director of the Department of Public Works, topographic data, engineer- ing and other studies are needed to determine the effects of flooding on a proposed building or structure and/or the effect of the building or structure on the flow of water, the Director of the Department of Public Works may require submittal of said data or other studies prepared by licensed engineers or other technicians. In District "0-2", no building or land shall be used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged and no certificate of occupancy shall be issued, unless otherwise provided in this ordinance, except for one or more of the follow- ing uses: 1. Any use permitted in the "O-l" Flood Plain District. 2. Public or private utilities. 3. The following special exception uses shall be permitted only after approval of the Zoning Board of Adjustment after report by the City of Fort Worth Health, Planning and Public Works Deparments, after public notice and hearing, and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams, or other flood control structures or facilities, extant or proposed, at the time of appli- cation; and provided that upon application for any of the following uses that the following information is satisfac- torily submitted: (a) The relative dangers to life and property occasioned by the proposed use; (b) The relationship of the proposed use to the comprehen- sive plan and flood plain management program of Fort Worth; (c) The relationship and/or effects of the proposed use to the floodwater transportation and storage capaci- ties of the channel and flood plain. The determina- tion of said relationship and/or effects shall be based ,on the assumption that any resultant permitted increase in flood plain encroachment will extend for a significant reach of the watercourse together with an encroachment equal in degree on the opposite side of the watercourse. For any fill which would result -5- in a change greater that one (1) foot in the water surface elevation of the Intermediate Regional Flood, the existing channel must be improved such that said change in water surface elevation does not exceed one (1) foot; and provided that the written conditional approval or written approval of the Department of Public Works is obtained; (d) The following, submitted in 10 copies at the time of application: (i) Plans drawn to a scale of 1"=50' with one (1) foot contour intervals as per city data, show- ing the nature, locations, dimensions and eleva- tion of the site or sites in issue and environs within 500 feet thereof; existing or proposed structures, fill, storage of materials, flood- proofing measures and the relationship of same to the existing and proposed locations of the "0-l" District and "0-2" District; (ii) An area map showing the relationship of the area in issue to surrounding territory; (iii)Technical information evaluating any change of anticipated flood heights and velocities, adequacy of protection and the seriousness of possible flood damages to existing and pro- posed uses. Flood damages shall include, but are not limited to, harmful inundation; water erosion of soil, stream banks and beds; mud slides; stream channel shifting and changes; harmful deposition by water of eroded and shifting soil and debris upon property or in the beds of streams or other bodies of water; damage by high water to public roads,highways, bridges, utilities and to works built for pro- tection against floods or inundation; the interruption by floods of travel, communication and commerce; and all other high water influence and results which injuriously affect the public health and the safety of property; (iv) Any additional information substantiating the wisdom of the proposed use. (e) Additional detailed technical information which the Board may request, including, but not limited to: (i) A typical flood plain cross-section showing the channel of the watercourse, elevation of land areas adjoining each side of the channel, cross- sectional areas of present and projected uses, high-water information; (ii) Plan (surface view) showing elevations or contours of the ground, channel alignment or realignment; all levees, sumps, diversions, pertinent struc- ture, fill or storage elevations; size, location and spatial arrangement of all proposed and exist- ing structures on the site or sites in issue; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information; -6- (iii) Profile showing the slope of the bed of the channel or flow line of the watercourse: a. On-premise advertising signs or structures (off-premise advertising is specifically prohibited) b. Aircraft landing area c. Outdoor commercial amusement enterprises d. Carnival or circus (temporary) e. Revival (temporary) f. Private membership club g. Day camp operated by non-profit organiza- tion h. Racing strip or drag strip i. Sanitary landfill (municipal) j. Principal buildings of country clubs, sports or recreation centers k. Greenhouse and plant nursery 1. Motor vehicle parking area as a principal use; auxiliary parking m. Private park or recreational area n. Rodeo (temporary) o. Swimming pool (private or commercial) p. Drive-in theatre q. Amusement park r. Radio, television, micro-wave broadcast, relay, receiving towers and transmission and re-transmission facilities s. Riding stable, horse track t. Game farm, fish hatchery u. Loading, unloading area v. Non-covered storage yard for equipment and materiel w. Shooting range x. Nursery yards or buildings for retail nur- sery sales. y. Recreational vehicle parks, provided they are constructed and developed in conformance with Ordinance No. 6372 z. Restaurants, in accordance with the Compre- hensive Plan (site plan approved by City Plan Commission) aa. Riverine port facilities, publicly owned bb. Produce market (retail) cc. Offices (site plan approved by City Plan Commission) dd. Temporary, open retail sales booths and ancillary facilities (site plan approved by City Plan Commission) B. HEIGHT AND AREA REGULATIONS: In the "0-2" Flood Plain District, the height of buildings and structures and the minimum dimensions of lots and yards shall be as follows: HEIGHT: Same as District "AG" FRONT YARD: Same as District "AG" REAR YARD: Same as District "AG" SIDE YARD: Same as District "AG" C. GENERAL REQUIREMENTS: 1. Hospitals, boarding schools, nursing and care homes, homes for the aged or infirm, sanitariums, detention facilities, refugee centers and orphanages are specif- ically prohibited. -7- 2. No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is placed above the elevation sub- ject to flood or the building or structure is flood-proofed to the elevation subject to flood. 3. No basement floor or other floor shall be constructed below or at a lower elevation than the main floor un- less flood-proofed. 4. Foundations of all structures shall be designed to withstand flood conditions at the site. 5. Land may be filled provided such fill extends twenty- five (25) feet beyond the limits of any structure erected thereon and provided that the requirements of Section 2-F (A) (3) are met. D. RESPONSIBILITY FOR FLOODING: The fact that land or property is or is not classified as being within the "0-2" Flood Plain District shall not constitute assurance that said land or property is not sub- ject to local flooding, and the designation of the "C-2" Flood Plain District in this ordinance shall not be so interpreted. SECTION V THAT Subsection "C" of Section 20, Board of Adjustment be and the same is hereby amended, so that same shall be read as follows: C. Authorized Special Exceptions: The following special exceptions may be permitted by the Board, in the District specified, if said special exceptions are permitted in the District, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose. SPECIAL EXCEPTION DISTRICT REQUIRING BOARD APPROVAL 1. Aviation field, airport or aircraft landing area. All 2. Quarry, mine, dredge, sand and gravel pit or excavation for the All purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel, or similar materials. Conditions: No permit shall be issued unless the site, location and plan of operation and restoration, including necessary structures, has been submitted to and approved in writing by the Board, which approval shall be for a limited time designated by the Board. 3. Split-zoned lots, extension of use. Conditions: All excel Extensions of a use to the lot line or for a distance "AG" of not more than 100 feet where the boundary line of a district divides a lot held in single ownership October 1, 1940 or divides a lot held in single ownership as of the date of subsequent annexation of said lot. 4. Sanitary landfill. All excel "CF" -8- 5. Temporary construction, sales, storage, fabrication and All except office buildings. "CF" Conditions: Must be incidental to non-commercial de- velopments and limited to a time fixed by the Board. 6. Water supply, treatment and storage facilities. All except "AG" "CF" 11111, ;VJ it Kf' 7. Shooting range All except "AG", "I" JKII 8. Outdoor commercial amusement enterprises, to include All except amusement park, circus, carnival, rodeo; or similar "AG","I", transient enterprises, to include revival. Condition: "J", "K" for a specified number of days only. 9. Radio, television, micro-wave broadcast, relay, receiving All excep- towers and transmission and re-transmission facilities. "CF", "I" Conditions: Subject to such safeguards as the Board may "J", "K" require. 10. Riding stable, riding hall, horse track. All excep 11 1 11, Ili�� 1 , 11V 11. Greenhouse and plant nursery. Only in Conditions: When operated for commercial pur- "AG", poses, and including the sale of plant material 110-211, and the incidental sale of materials and products "A", "B", intended chiefly for use in connection with home "CR", "C" gardening activities. "D", "ER" "EP" 12. Transitional Uses: The modification of density regu- Only in lations: "A", "B", Conditions: When the Board finds that the side of a "CR" lot abuts a lot on which is located a conforming multi-family, commercial or industrial use. 13. Day nursery and kindergarten Only in Conditions: "A", "B", a) Permits shall be for a limited period of time "CR", "C" to be specified by the Board, but not to exceed five (5) years. Upon application, time may be extended for successive periods of five (5) years or less, provided that there shall be new notice and hearing before each extension. b) Prior to deciding upon any application, the Board shall receive a report from the Health Department, Fire Department, Traffic Engineering Department and Building Inspection Division of the Public Works Department, and such other agencies as the Board may specify, and shall verify or require that such day nursery or kindergarten shall comply with state statutes and other applicable City of Fort Worth ordinances. -9- c) Outdoor play area of not less than one hundred (100) square feet shall be furnished for each child authorized by State license to be cared for on the premises. Such play area shall be located in the side or rear yards and shall be completely enclosed by a fence or wall. When the Board finds that additional fencing or screening is necessary or desirable to protect the children cared for and the adjacent properties it shall require such fencing or screening as a condition of approval. d) Off-street parking shall be furnished in the minimum amounts required in Section 19-B-5. 14. Community Recreation or Welfare Center Only in "A" "B" ! ! "CR"! "C" "D", "ER" 15. Auxiliary Parking Only in Conditions: Subject to the provisions of Section 110-21', "A 19-A-12 of the Zoning Ordinance. "B", "CR" itC❑ 11 D'I ! 16. Golf-driving range Only in "D", "ER" "EP, "E" 17. Drive-In Theatre Only in "0-2" ! "E", "FR" 'IF" JIG�� ! 9 "Htl 18. Hotel Only in Conditions: Incidental business may be conducted within "C", "D", the hotel provided that the principal entrance to the "ER", "E business shall be from the inside of the building. A secondary entrance to the building may be provided from a court or from the principal frontage, but from no other street and shall not face any other residential class property. Signs shall be permitted subject to the fol- lowing provisions: a) Signs shall be permitted to identify the use or uses of the property upon which displayed. b) A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten (10) linear feet of frontage along said street. c) Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. 19. Garm farm,.fish hatchery. Only in "0-2" 20. Racing or drag strip. Only in 110-211 21. Motor vehicle parking as a principal use. Only in II D-211 -10- 22. Loading, unloading area. Onlv in "0-2" 23. Non-covered storage yard for equipment and materiel Only in Conditions: Said equipment and materiel shall not "0-2" be subject to major damage by floods or shall be in movable containers designed for the storage of goods; and no trash, rags, junk or items resembling junk, or acids, caustics, explosives or flammables may be so stored or deposited. 24. On-premise advertising signs or structures Only in I10-211 25. Private membership club. Only in "0-2" 26. Day camp operated by non-profit organization. Only in 110-211 27. Principal buildings of country clubs, sports or Only in recreation centers. 110-2" 28. Private park or recreational area. Only in I10-211 29. Swimming pool (private or commercial). Only in "0-2" 30. Nursery yards or buildings for retail nursery sales. Only in I10-211 31. Recreational vehicle parks, provided they are Only in constructed and developed in conformance with 110-2" Ordinance No. 6372. 32. Restaurants, in accordance with the Comprehen- Only in sive Plan (site plan approved by City Plan 110-2" Commission). 33. Riverine port facilities, publicly owned. Only in 110-211 34. Produce market (retail). Only in I10-21I 35. Offices (site plan approved by City Plan Only in Commission) 110-2" 36. Temporary, open retail sales booths and Only in ancillary facilities (site plan approved 110-2" by the City Plan Commission) SECTION VI THAT the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of pro- moting health, safety, morals and the general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, -11- parks and other public requirements; to evidence a positive interest in maintaining flood insurance coverage under the National Flood Insurance Act, 42 U.S.C. 4001 et seq., for property owners desiring to participate; and to promote the public interest by facilitating appropriate protection against the perils of flood losses and en- couraging sound land use by minimizing exposure of property to flood losses. They have been made after a full and complete public hearing with reasonable consideration among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION VII THAT this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where pro- visions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION VIII THAT all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No. 3011 or of any amendments thereto, of said City of Fort Worth, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the court shall have all the powers that existed prior to the effective date of this ordinance; and that all existing violations of Ordinance No. 3011, as amended, which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of Ordinance No. 3011, as amended, of said city. -12- SECTION IX THAT 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 void, ineffective, or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION X THAT any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not less than Five and No/100 Dollars ($5.00) nor more than Two Hundred and No/100 Dollars ($200,00) for each offense. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION XI THAT this ordinance will take effect and be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted / (/ fJ, � zzz