HomeMy WebLinkAboutOrdinance 26599-11-2023 ORDINANCE NO. 26599-11-2023
AN ORDINANCE AMENDING THE 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, BY AMENDING SECTION 6.101."YARDS
TO ADD SUBSECTION J TO PROVIDE FOR ADMINISTRATIVE
AUTHORITY TO APPROVE A GREATER MAXIMUM SETBACK FOR
CERTAIN ZONING DISTRICTS; 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, Chapter 211 of the Texas Local Government Code ("TLGC") authorizes
the governing body of a municipality to adopt zoning regulations to promote the public health,
safety, morals, or general welfare and protect and preserve places and areas of historical,
cultural, or architectural importance and significance; and
WHEREAS, Section 211.005 of the TLGC authorizes the governing body of a
municipality to divide the municipality into districts of a number, shape, and size that the
governing body considers best for carrying out the provisions of Chapter 211, General Zoning
Regulations, within which districts the governing body may regulate the erection, construction,
reconstruction, alteration, repair or use of buildings, other structures or land; and
WHEREAS, it is the desire of the City Council to protect the future viability of
development through proper design and development standards; and
WHEREAS,the long-term viability of the City is dependent upon adequate development
standards; and
WHEREAS, it is advisable to amend the zoning ordinance related to yard setbacks to
allow the Development Director or designee to administratively approve a greater maximum
setback to accommodate mature trees and utility conflicts in certain zoning districts;
Ordinance No.26599-11-2023
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1.
Chapter 6 "Development Standards" of Ordinance No. 21653, the Zoning Ordinance of
the City of Fort Worth, is hereby amended to revise Article 1 "General", Section 6.101 "Yards",
to add subsection (J) to provide for administrative authority for the Director or designee to
approve a greater maximum setback to accommodate mature trees and utility connections in
certain zoning districts, to read as follows:
6.101 Yards
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c J. Administrative Authorio). The Development Director or designee may administratively
j approve a greater maximum setback to accommodate mature trees and utility conflicts in
the Urban Residential ("UR") zoning district, Low Intensity Mixed-Use ("MU-1"), High
Intensity Mixed Use (MU-2) zoning district and the form-based districts in Chapter 4,
Article 13.
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 No.26599-11-2023
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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 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
j 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.
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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
i
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.
Ordinance No.26599-11-2023
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SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: City Secretary
By:
Christopher Austria Assistant City Attorney Jannette S. Goodall
City Secretary
ADOPTED:November 14, 2023
EFFECTIVE: 't
Ordinance No.26599-11-2023
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