HomeMy WebLinkAboutOrdinance 17025-06-2006ORDINANCE NO. 1702SW06-2006
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NUMBER 13896; CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH (1986), TO AMEND ARTICLE 3 "ACCESSORY
USES" OF CHAPTERS "SUPPLEMENTAL USE STANDARDS" TO ADD
A NEW SUBSECTION TO SECTION S.30S "FENCES" T® REQUIRE
MASONRY FENCES ALONG ARTERIAL STREETS; PROVIDING
THAT TIIIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is the desire of the City Council to protect the future viability of
residential property and neighborhoods through proper design and development
standards, and;
W)IIEREAS, the long term viability of a neighborhood is dependent upon
adequate development standards, and;
WTIEREAS, the City Council created a special commission made up a£
developers, neighborhood associations, citizens, architects and non-profit interests to
evaluate amendments to the Zoning Ordinance to support long ternrz sustainability and
benefit of residential neighborhoods to the City, and;
WHEREAS, this committee made recommendations regarding single family
development standards, architectural features and improved neighborhood identity; and
WHEREAS, it is advisable to amend the Zoning Ordinance to incorporate those
recommendations in order to protect the future viability of residential property;
NOW, THEREFORE, BE IT ORDAINED BY TIDE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTX®N 1.
Chapter 5, "Supplemental Use Standards", of Article 3, "Accessory Uses
Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is
hereby amended to add a new subsection to Section 5.305, "Fences" to read as follows:
5.305 Fences
1 S. Any property (except when located in a Mixed Use District) that is
platted into three lots or more fnr 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 5' masonry wall of brick, stone, decorative
cast concrete or cedar wood fence along the entire length of each
property. Masonry columns shall be provided not greater than 10
ft. on center. A horizontal relief of the same height shall be placed
parallel to the Artcrial Street at intervals not greater than 500 ft.
with a minimum off set of 3 ft. in depth by SO feet in length. The
off--set section shall be wrought iron type fence design or other
such material as approved by the Director of Development, as
referenced in Section S.30S.c.1. Required fences may also be
located within an easement dedicated to a Home Owners
Association (HOA) or Pubic hnprovement District {PID), or, a
designated lot of not less than 5 ft. 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.
SEC~'1(®l~ 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas {19$6), 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.
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SECTIOl~ 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 ar decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs aril 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.
SEC'I'I®1®i 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,Od0.00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTI~I~ S.
All rights and remedies of the City of Fort Wortlr, 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 acented 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 naay be prosecuted until final disposition by the courts.
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SI~CTI®l~ 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 d`art Worth, Texas, as authorized by Section 52.013,
Texas Local Gaverr~xnent Cade.
SECTS®N 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in fu11 force and effect.
SECTS®N S.
This ordinance shall take effect upon adoption and publication as required by law.
APPROV AS TO FORM AND LEGALITY:
By: ~ ~' ~
Assistant City tornev
ADOPTED: C~/~I v ~
EFFECTIVE:
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