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HomeMy WebLinkAboutOrdinance 20453-10-2012ORDINANCE NO. 20453-10-2012 AN ORDINANCE AMENDING THE 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, BY AMENDING ARTICLE I "STANDARDS FOR SELECTED USES", OF CHAPTER 6, "DEVELOPMENT STANDARDS" TO AMEND VARIOUS SECTIONS TO REMOVE CERTAIN REQUIREMENTS WHEN A NONRESIDENTIAL USE IS ADJACENT TO ANOTHER NONRESIDENTIAL USE WITHIN A RESIDENTIAL ZONING DISTRICT; 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 Zoning Ordinance has tiurnerous protections for residential uses, particularly one and two-family residential zoning districts, with the intention of mitigating potential impacts from adjacent nonresidential uses; and WHEREAS, certain uses such as utilities may allowed in residential zoning districts that are riot residential uses or natural features may be zoned residential; and WHEREAS, these protections are unnecessary when the property within the residential district is not used for residential and will riot be used for residential in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Section 6.201 "Off Street Parking" of Chapter 6 "Development Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise to provide that certain nonresidential uses adjacent to One- Or Two-Family Districts are not required to meet minimurn parking requirements, to read as follows: Ordinance No. 20454-10-2012 Page 1 of 7 6.201 Off Street Parking B. Required Off-Street parking I Minimum parking requirements: The following table establishes the minimum parking requirements for uses located in residential zoned property or within two hundred fifty (250') feet of One or Two - Family zoned property. This regulation shalt not include properties adjacent to One or Two-Family districts that are used as utilities, waterways, railroad right-of-way or other non-residential public use. When a property zoned and used for One or Two Family residential purposes is located within 250 feet but is separated by one of the above uses, parking is not required only if access is not possible to the residential area. For all other uses, no minimum parking spaces shall be required. SECTION 2. Section 6.300 "Bufferyard and Supplemental Building Setback", Subsections A and K. of Chapter 6 "Development Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to provide that certain nonresidential uses adjacent to One- Or Two-Family Districts are not required to meet certain bufferyard and supplemental building setback requirements, to read as follows: 6.300 Bufferyard and Supplemental Building setback A. When Required A bufferyard consisting of an open space of grass and other landscaping and a masonry wall or wood fence in combination with design features that screen or block vision, noise pollutants, and other negative by-products shall be provided and maintained along the entire length of the boundary line between any one- or two-family district, and adjacent nonresidential districts. A bufferyard shall be required even when an alley is located between a nonresidential district and an adjacent one- or two-family district. Temporary buildings, utility facilities, and additions to primary structures placed on the sites that are less than 30% and under 3,000 square feet are exempted from the bufferyard requirements of this subsection. References in this section adjacent to One or Two-Family Districts shall not include uses described in 6.300.K.4. Ordinance No. 20454-10-2012 Page 2 of 7 6.300 Bufferyard and Supplemental Building setback K. 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 rninimurn 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 3. Section 6.506, "Unified Residential Development, Subsection D. "Height and Yard Regulations", of Chapter 6 "Development Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to provide that certain nonresidential uses adjacent to one- or two-family are not required to meet minimum bufferyard and screening requirements, to read as follows: 6.506 Unified Residential Development Ordinance No. 20454-10-2012 Page 3 of 7 D. Height and Yard Regulations 1. Height: The maximum permitted height for buildings or structures in any Unified Residential Development shall be 32 feet as set forth in Section 6.100. 2. Street Frontage: There shall be a minimum front yard of not less than 20 feet on any portion of the site which has frontage on a public street. The required front yard cannot be paved, except for necessary driveways, and must remain as open space. No parking shall be permitted in the front yard. 3. Side and Rear yards. a. There shall be side and rear yards of not less than five feet on any side except on a street frontage. b. Structures shall meet the following requirements on any side which is adjacent to a one- or two-family district: The structure shall be set back three feet for every one foot of building height as measured from the slab to the top of the sill plate or set back two feet for each one foot in overall building height when measured from the lowest finished grade to the top of the peak of the roof, whichever is measurement is greater but not less than 30 feet. For purposes of determining setback, building height shall be measured from along the building face exposed to the closest property line to the sill plate or the peak of the roof. A five-foot bufferyard and six-foot screen fence shalt be placed on the property line. Provided however, this regulation shall not be required when the property in the one- or two- family district IS used for utilities, waterways, railroads or other non-residential public use or separated by a public night-of-way of at least 300 feet in width. SECTION 4. Section 5.1,16, "Hotel, Motel, or Inn" of Chapter 5 "Supplemental Use Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to provide that certain nonresidential uses adjacent to One- Or Two-Family Districts are not required to meet distance requirements, to read as follows: 5.116 Hotel, Motel or Inn A. Location Adjacent to Residential District Where a motel, hotel, or inn is less than 1,000 feet from any One- or Two-Family District - other than "MU-2" High Intensity Mixed-Use, a Planned Development District shall be created for such use. Provided however, this regulation shall not Ordinance No. 20454-10-2012 Page 4 of 7 be required when the property in the One- Or Two - Family District is used for utilities, waterways, public parks, railroads or other nonresidential public use or separated from the hotel, motel or inn by a public right -of -way of at least 300 feet. B. Planned Development Hotel Use The following criteria shall be applicable to any Planned Development hotel use: 1. Ingress /egress should be taken from the major street furthest from the residential district. 2. No screening fence shall be erected along the perimeter of the hotel property adjacent to a street, alley or right -of -way; provided however, that a screening fence shall be permitted around swimming pools, tennis courts and other recreational facilities; and a screening fence shall be permitted along property lines adjacent to other lots. 3. Incidental business may be conducted within the hotel, provided that the principal entrance to the business shall be from inside the building. 4. A secondary entrance to the hotel may be provided from a court or from the principal frontage but from no other street and shall not face any residential district. Exception: Emergency egress only when required by the Building Code and only when no other emergency access can be designed. 5. Any other conditions required by the City Council as a condition of the site plan approval. SECTION 5. 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 6. 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 No. 20454 -10 -2012 Page 5 of 7 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 7. 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. 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. SECTION 9. 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. Ordinance No. 20454 -10 -2012 Page 6 of 7 SECTION 10. All other provisions of the Zoning [)u|inaooe of the City of Fort Worth not herein amended wbul remain io full force and effect. SECTION 11. This ordinance shall take effect upon adoption and publication ua required bylaw. APPRO IV�7 AS TO, M AND LEGALITY: Assistant City Attorney ADOPTED: October 9,2012 EFFECTIVE: Ordinance No. 20454-10-2012