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HomeMy WebLinkAboutOrdinance 7343 ORDINANCE NO. 73 43 AN ORDINANCE AMENDING SECTION 16A, UNIFIED RESIDENTIAL DEVEL- OPMENT PROVISIONS, AND SECTION 19, OFF STREET PARKING AND LOADING REGULATIONS, OF ORDINANCE NO. 3011, SAME BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESI- DENCES 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 PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST BY FIXING DEFINITE USES OF THE LAND AND OF THE BUILDINGS HEREINAFTER ERECTED IN SAID DES- CRIBED AREAS FROM THE USES AS SHOWN ON THE MAPS CONTAINED IN SAID ORDINANCE NO. 3011; FINDING THAT THE SAID ZONING REGULA- TIONS AND DISTRICTS HAVE BEEN MADE IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AF- FECTING ZONING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. THAT Paragraph (F), Subparagraph 6 of Section 16A, UNIFIED RESIDENTIAL DEVELOPMENT PROVISIONS of Ordinance No. 3011, which now reads as follows: "6. Emergency access shall be provided to each principal building by: ""a. A street or public alley; or by "b. A private way, alley, or paved place, delineated on an approved subdivision plat conforming to the require- ments of Article 974a, Revised Civil Statutes of Texas. Access may also be provided by an emergency access easement approved by the City Plan Commission and recorded in the Tarrant County Deed Records, provided that where access is not available by a street, alley, place or recorded easement; and recorded easement access is planned, construction permits may be issued and construction may proceed but certificate of occupancy shall not be issued until the required emergency access easements are approved by the City Plan Commission and filed for record in the Tarrant County Deed Records. Emergency access easements shall be not less than twenty-six (26) feet in width, the boundaries shall be distinctly and permanently marked on the ground and the entrances shall be permanently marked by signs not less than two (2) square feet nor more than four (4) square feet in face area. "The paved width of an emergency access easement may be reduced to, but not below, twenty (20) feet provided that curbs shall not exceed five (5) inches in height and further provided that there shall be no obstructions which will interfere with the use of the full twenty-six (26) foot width of the easement by emergency vehicles and their appurtenances." be and is hereby changed, altered, amended and revised so that the same shall hereafter be and read as follows: by: "(P. Emergency access shall be provided to each principal building $Va. A street or public alley; or by "b. A private way, alley, or paved place, delineated on an approved subdivision plat conforming to the requirements of Article 974a, Revised Civil Statutes of Texas. Access may also be provided by an emergency access easement approved by the City Plan Commission and recorded in the Tarrant County Deed Records, provided that where access is not available by a street, alley, place or recorded easement; and recorded easement access is planned, construction permits may be issued and construction may proceed but certificate of occupancy shall not be issued until the required emergency access ease- ments are approved by the City Plan Commission and filed for record in the Tarrant County Deed Records. Emergency access easements shall not be less than twenty-six (26) feet in width, the boundaries shall be distinctly and permanently marked with not less than one street name sign per intersec- tion, the location of which shall be approved by the Traffic Engineering Department. The signs are to be installed and maintained by the Developer or Home Owners Association. All signs are to be constructed using aluminum sign blanks 6-3/4" wide and variable length from a minimum of 24" to a maximum of 36". The background of the sign face shall be constructed using green reflective material with a reflective silver-white legend. The legend shall be printed using 4" capital letters and 3" lower case letters and the words "private street" shall be printed in 1/2" letters across the bottom of the sign. "The paved width of an emergency access easement may be reduced to, but not below, twenty (20) feet provided that curbs shall not exceed five (5) inches in height and further provided that there shall be no obstructions which will inter- fere with the use of the full twenty-six (26) foot width of the easement by emergency vehicles and their appurtenances." SECTION 2. THAT Paragraph A, Subparagraph 7 of Section 19, OFF STREET PARKING AND LOADING REGULATIONS of Ordinance No. 3011, which now reads as follows: "7. For the purpose of this section, an off-street parking space shall be a minimum of nine (9) feet in width and eighteen (18) feet in length, plus off-street maneuvering space. For a single row of ninety (90) degree head-in parking the minimum width for a parking space plus aisle shall be thirty-eight (38) feet. For two (2) rows of ninety (90) degree head-in parking using the same aisle, the minimum width for parking spaces plus aisle shall be fifty-six (56) feet. ,Pa. However, if a parking attendant is on duty who parks all vehicles during the business hours of all establishments for which said parking is being provided, and the lot is chained and locked when not attended, then the width of park- ing spaces may be reduced to eight (8) feet; and "b. For a single row of sixty (60) degree head-in park- ing the minimum width for parking space plus aisle shall be thirty-four (34) feet. "For two (2) rows of sixty (60) degree head-in parking, using the same aisle, the minimum width for parking spaces shall be fifty- two (52) feet. For a single row of forty-five (45) degree head-in parking, the minimum width for parking space plus aisle shall be -2- thirty (30) feet. For two (2) rows of forty-five (45) degree head-in parking, using the same aisle, the minimum width. for parking spaces plus the aisle shall be forty-eight (48) feet. A single line of park- ing spaces may be provided parallel to an aisle provided they are at least twenty (20) feet in length and nine (9) feet in width. When driveways are less than twenty (20) feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only. Entrances and exits to an alley may be provided if prior approval is obtained in writing from the City Traffic Depart- ment. Maneuvering space shall be completely off the right-of-way of a public street, place or court. Drives and parking spaces, except for one- and two-family dwellings, must be hardsurfaced and dust free, except in instances where the adjacent street is unpaved, in which case the drives and parking spaces shall be hardsurfaced within one year after all adjacent streets are paved. All parking requirements applying to a stated unit of measurement shall be understood to include a parking space for each unit or fraction thereof. Attached hereto is Exhibit A which is incorporated in and made a part of this ordinance." be and is hereby changed, altered, amended and revised so that the same shall hereafter be and read as follows: "7. For the purposes of this section, an off-street parking space shall be a minimum of nine (9) feet in width (8 feet for parallel park- ing) and eighteen (18) feet in length (22 feet for parallel parking), plus off-street maneuvering space. "For a single row of ninety (90) degree head-in parking the mini- mum width for a parking space plus aisle shall be forty-two (42) feet. For two (2) rows of ninety (90) degree head-in parking using the same aisle, the minimum width for parking spaces plus aisle shall be sixty (60) feet. "For a single row of sixty (60) degree head-in parking the mini- mum width for A parking space plus aisle shall be thirty-four and six- tenths (34.6) feet. For two (2) rows of sixty (60) degree head-in parking, using the same aisle, the minimum width for parking spaces plus aisle shall be fifty-four and seven-tenths (54.7) feet. "For a single row of forty-five (45) degree head-in parking the minimum width of parking space plus aisle shall be thirty-one and one- tenth (31.1) feet. For two (2) rows of forty-five (45) degree head-in parking using the same aisle, the minimum width for parking space plus aisle shall be fifty (50) feet. "For a single row of thirty (30) degree head-in parking the mini- mum width for a parking space plus aisle shall be twenty-eight and eight-tenths (28.8) feet. For two (2) rows of thirty (30) degree head- in parking using the same aisle, the minimum width for parking spaces plus aisle shall be forty-five and six-tenths (45.6) feet. "A single row of parking spaces may be provided parallel to an aisle provided they are at least twenty-two (22) feet in length and eight (8) feet in width. "When driveways are less than twenty (20) feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only. Entrances and exits to an alley may be provided if prior approval is obtained in writing from the City Traffic Engineering Department. "Maneuvering space shall be completely off the right-of-way of a public street, place or court. Drives and parking spaces, except for one- and two-family dwellings, must be hard-surfaced and dust free, -3- except in instances where the adjacent street is unpaved, in which case the drives and parking spaces shall be hard-surfaced within one (1) year after all adjacent streets are paved. All parking requirements applying to a stated unit of measurement shall be understood to include a parking space for each unit or fraction thereof." SECTION 3. THAT Paragraph A, Sub-paragraph 8 of Section 19, OFF STREET PARKING AND LOADING REGULATIONS of Ordinance No. 3011, which now reads as follows: "8. Parking areas which would require the use of public rights- of-way for maneuvering shall not be acceptable for the furnishing of required off-street parking spaces other than for one- and two-family dwellings. Parking parallel to the curb on a public street shall not be substituted for off-street requirements." be and is hereby changed, altered, amended and revised so that the same shall hereafter be and read as follows: "8. Parking areas which would require the use of public rights- of-way for maneuvering shall not be acceptable for the furnishing of required off-street parking spaces other than for one- and two-family dwellings. Parking parallel to the curb on a public street shall not be substituted for off-street requirements. At locations where head- in parking is existing and when vehicles using the parking area must use public right-of-way for maneuvering in and out of a parking space, the head-in parking shall be removed and curb shall be constructed at such time that the property changes usage, the building is remodeled, or when the street is reconstructed." SECTION 4. THAT Paragraph A, Subparagraph 9 of Section 19, OFF STREET PARKING AND LOADING REGULATIONS of Ordinance No. 3011, which now reads as follows: "9. The location of ingress and egress driveways shall be subject to approval of the Director of Traffic under curb cut or laid down curb permit procedures. Driveways shall not exceed sixty-five percent (65%) of the property frontage. There shall be a minimum of eighteen (18) feet of tangent curb along the street between driveways where there is more than one driveway on property under unified ownership or control and used as one premise." be and is hereby changed, altered, amended and revised so that the same shall hereafter be and read as follows: "g. The location of ingress and egress driveways shall be subject to approval of the Director of Traffic Engineering under curb cut or laid down curb permit procedures. Driveways should not exceed sixty- five percent (65%) of the property frontage. There should be a minimum of twenty (20) feet of curb along the street between driveways where there is more than one driveway on property under unified ownership or control and used as one premise." SECTION 5. THAT Paragraph A, Subparagraph 11 of Section 19, OFF STREET PARKING AND LOADING REGULATIONS of Ordinance No. 3011, which now reads as follows: "11. Loading space. For all buildings, except one-family, two- family, three-family or four-family dwellings, hereafter erected, recon- structed or enlarged so as to require additional parking spaces, except in District "H", adequate permanent off-street facilities shall be pro- vided for the loading and unloading of merchandise and goods within or -4- adjacent to the buildings, in such manner as not to obs.truct the freedom of traffic movement on the public rights-of-way. Such space shall be submitted on a plat and approved by the Director of Traffic and the Building Official. Loading space shall be in addition to all vehicular parking required for such use." be and is hereby changed, altered, amended and revised so that the same shall hereafter be and read as follows: "ll. All buildings (except one-family, two-family, three-family or four-family dwellings.) hereafter erected, reconstructed or enlarged so as to require additional parking spaces, except in District "H", shall have adequate permanent off-street facilities provided for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct the freedom of traf- fic movement on the public rights-of-way. The minimum distance from the loading dock to the right-of-way line shall be thirty (30) feet for single-unit trucks and sixty (60) feet for semi-trailer trucks. Such space shall be submitted on a plat and approved by the Director of Traffic Engineering and the Building Official. Loading space shall be in addition to all vehicular parking required for such use." SECTION 6. THAT Exhibit A, PARKING LOT LAYOUT, which is now incorporated in Section 19, OFF STREET PARKING AND LOADING REGULATIONS of Ordinance No. 3011, be and the same is hereby repealed and deleted. SECTION 7. THAT the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been so designed to lessen congestion in the streets; to secure safety from fires, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. 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 conserv- ing the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 8. 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 such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 9. 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 decree of any court of competent jurisdiction, such voidness, inef- fectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, 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, para- graph or section. -5- SECTION 10. 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 any amendment 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-conform- ing 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. SECTION 11. THAT 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 less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense, and each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. THAT this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication, as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY. �0-6rA** �. CITY ATTORNEY ADOPTED: /1,7 1174 -6-