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HomeMy WebLinkAboutOrdinance 16330-03-2005ORDINANCE NO. °~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTII, BEING ORDINANCE NO. 13890, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTIONS 4902 "LOW INTENSI'T`Y MIXED- USE ("MU-1") DISTRICTS" AND 4.1001 "HIGH INTENSITY MIXED-USE ("MU-2") DISTRICTS" OF ARTICLE 9 "COMMERCIAL DISTRICTS" AND ARTICLE 10 "INDUSTRIAL DISTRICTS" OF CHAPTER 4 "DISTRICT REGULATIONS" TO CLARIFY EXISTING STANDARDS AND TO ADD NEW DEVELOPMENT STANDARDS FOR MIXED-USE DISTRICTS; TO AMEND SECTION 5.305 "FENCES" OF ARTICLE 3 "ACCESSORY USES" OF CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO PROHIBIT FENCES IN THE AREA BE~`i~VEEN BUILDING FACADES AND THE PROPERTY LINE IN MULTIFAMILY DEVELOPiVIENTS AND AUTOMOTIVE REPAIII AND BODY SHOPS IN MIXED-USE DISTRICTS; TO AMEND SECTION 6.100 "I-IEIGkIT" OF ARTICLE 1 "GENERAL" OF CHAP'T'ER 6 "DEVELOPMENT STANDARDS" TO ADD ENCLOSED STAIRWELLS T® THE LIST OF EXEMPTED USES AND ARCHITECTURAL FEATURES; TO AMEND SECTION 9.101 "DEFINED TERMS" OF CHAPTER 9 "DEFINITIONS" TO ADD A DEFII®IITION FOR "CAMPUS DEVELOPMENTS"; PROVIDING A SEVETdABILTI'Y CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Low Intensity Mixed-Use ("MU-I"} District provides areas in which. a variety of housing types exist among neighborhood-serving commercial and institutional uses, and the High Intensity Mixed-Use District ("MU-2") provides areas in which a variety of higher density housing types exist among coir~nercial, institutional, and selected light industrial uses; WHEREAS the "MU-1" and "MU-2" development standards are intended to promote higher density, mixed-use, pedestrian-oriented development in mixed-use growth centers and urban villages designated in the City's Comprehensive Flan; 1 WHEREAS certain existing "MU-l" and "MU-2" zoning provisions affecting interior buildings in campus developments, rooftop terraces, and building entrances should be clarified to prevent misinterpretation; WT~EREAS the addition of certain development standards will further promote desirable development in mixed-use zoning districts by allowing angled parking on private property in appropriate and safe locations; by requiring inconspicuous security fences and gates; and by encouraging pedestrian-oriented design and architectural variety; WHEREAS a conceptual land use plan that complies with certain mix of use requirements will encourage the development of mixed-use projects as well as single-use projects that contribute to a larger mixed-use district, as envisioned in the Gity's Comprehensive Plan; WHEREAS a conceptual site plan submitted far administrative review prior to the submittal of permit applications far new construction projects will facilitate compliance with the muted-use zoning standards and minimize delays in the development review process; N®W, THEREF®RE, T3E I'T' ®RHAINEI) BY THE CITY' COUNCIL ®F THE CITY 4F F®TiT WORTH, 'T'EXAS: SECTT®N 1. Chapter 4, Article 9, of Ordinance No. l3&96, the Zoning Ordinance of the City of Fort Worth, Section 4.902, "Low Intensity Muted-Use ("MU-I") District", Subsection B. "Uses," is amended to add language referencing specific mix of use requirements, as follows: B. Uses In the Low Intensity Muted-Use ("MU-l „) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 8, and the supplemental standards of Chapter 5. 2 In the Low Intensity Mixed-Use ("MU-1") District, residential, commercial and institutional uses -may occupy the same building and lot. All projects must comply with the mix ofuse requirements described in Section 4.902.E.1. SECTI®N 2. Chapter ~, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.1001, "High Intensity Mixed-Use ("MU-2") District", Subsection B. "Uses" is amended to add language referencing specific mix of use requirements, as follows: B. Uses In the High Intensity Mixed-Use ("MU-2") District, no building ar land shall be used and no building shall be hereafter erected, reconstructed, altered ar enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 8, and the supplemental standards of Chapter S. In the High Intensity Mixed-Use ("MU-2") District, residential, commercial and institutional uses may occupy the same building and lot. All projects must comply with the mix ofuse requirements described in Section 4.1001.E.1. SECTi®N 3. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.902, "Low Intensity Mined-Use ("MU-1") District", Subsection C. "Property Development Standards" is amended as follows: to clarify that the provision to allow interior buildings as part of campus developments shall apply only to campus developments; to Hate that the rnaxitnum 20-foot front yard setback may be exceeded in accordance with conditions set forth to allow far angled, perpendicular, and para11e1 parking on private property; to add a note to height limit provisions specifying that rooftop terraces and the structures providing access to them shall not be included in the measurement of total building height; and to correct misnumbered paragraphs by renumbering paragraphs 3, 4, S, 6, 7, and 8 to 2a, 3, 4, S, 6, and 7, as follows: 3 C. Property Develnprnent Standards 2. Front yard: 20 feet maximum setback, with the following provisions: a. Campus developments: Interior buildings constructed as part of a campus development may be set back from the property Tine more than 20 feet if at least SO percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet. Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. b. Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets the conditions of Section 4.902.D.1.f In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line, and the setback shall be no greater than 20 feet. 3. Rear yard: 5 feet minimum setback. 4. Side yard: Setbacks are required when an abutting property with an existing building has windows facing to the side. Then, any new development or addition shall provide at least 10 feet of separation between the existing and new building. Note: Additional setback conditions are included in D. Other Development Standards. 5. Maximum I3eight a. 45 feet, or 3 stories, whichever is less; ar b. 60 feet or 5 stories, whichever is less, if: i. Residential uses constitute 20 percent or more of a building's gross floor area, and ii. Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building's gross floor area. Nate: Development in the Low Intensity Mixed-Use ("M[]~l") District is exempt from Section 6.100. Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement oftotal building height, as described in Section 6.100.5. Stealth Telecommunication Towers are permitted to a height of 75 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 6. 1"Vdaximu~n residential units per acre: a. 40; or b. 60 if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. 7. Open space: Open space shall constitute at least: a. 20 percent of net land area for single-use residential developments and mixed-use projects in which residential uses constitute greater than 90 percent of gross floor area; or b. 10 percent of net land area for commercial and institutional uses, and far mixed-use projects which include afl7ice, eating and entertainment, and/or retail sales and service uses that constitute 10 percent or more of grass floor area. Note: Also see conditions far required landscape areas and bufferyards in Chapter 6, Article 3, and D. Other Development Standards below. SEC'TI®1!T 4e Chapter 4, Article 10, of Ordinance No. 13896, the Zoning Ordinance of the City of Fart Worth, Section 4.1001, "High Intensity Mixed-Use ("MU-2") District", Subsection C. "Property Development Standards" is amended as follows: to clarify that the provision to allow interior buildings as part of campus developments shall apply only to campus developments; to note that the maximum 20-foot front yard setback may be exceeded in accordance with conditions set forth to allow for angled, perpendicular, and parallel parking on private property; to add a note to height limit provisions specifying that rooftop terraces and the structures providing access to them shall not be included in the measurement of total building height, as follows: 2. Front yard: 20 feet maximum setback, with the following provisions: a. Any portion of a building above 64 feet in height must be set back at least 20 feet from the front property line. b. Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than. 20 feet if at least SO percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet. Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. S c. Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking an private property meets the conditions of Section 4.1001.D.1.f. In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line, anal the setback shall be no greater than 20 feet and S, N~a:+dmum 1Kedght a. 60 feet, or 5 stories, whichever is less; or b. 120 feet or 10 stories, whichever is less, if i. Residential uses constitute 20 percent ar mare of a building's gross floor area, and ii. Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building's gross floor area. Note: Development in the High Intensity Mined-Use ("MU-2") District is exempt from Section 6.100. Building height for all uses shall be measured from the tap of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenciosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section b.100.5.SteaIth Telecommunication Towers are permitted to a height of 90 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 75 feet as a Special Exception approved by the Board of Adjustment. SECTI®N 5. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.902, "L,ow Intensity Mixed-Use ("MU-1") District", Subsection D. "Other Development Standards" and Article 10, Section 4.1001, "High Intensity Mixed-Use ("MU-2"} District", Subsection D. "Other Development Standards" are amended to permit angled, perpendicular, or parallel parking on a private street between a building and street as follows: 1. OflrStreet Parking and Loading f} Surface parking shall not be permitted between a building front and the street, except that angled, perpendicular, or parallel parking that is partially or completely located on private property shall be permitted if it meets the following two conditions: 6 1 } The City's Traffic Engineer determines that the parking does not adversely affect public safety ar circulation and satisfies the conditions described in Section 22-175d of the City Code, and 2} The parking is located adjacent to and is directly accessible from a public street ROW or a publicly accessible private street. In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line and the setback shall be na greater than 20 feet. SEC'TI®N 6. Chapter 4, Article 9, of Ordinance No. 13890, the Zoning Ordinance of the City of Fort Worth, Section X1.902, "Low Intensity Mixed-Use ("MU-1„) District", Subsection D. "Other Development Standards" and Article 10, Section 4.1001, "High Intensity Mixed-Use ("MU~-2"} District", Subsection D. "Other Development Standards" are amended to clearly state that the primary entrance of a principal building must be from a publicly accessible sidewalk or plaza, that secondary entrances from parking lots are permitted, and that the primary entrance provision does not apply to interior buildings in campus developments as follows: b. Entrances. In order to create apedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principal building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a parking lot, unless the parking is angled, perpendicular, or parallel parking consistent with the conditions of section 1.£ Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. SEC'A'If~l~ 7. Chapter 4, .Article 9, of Ordinance No. 1389b, the Zoning Ordinance of the City of Fort Worth, Section 4902, "Low Intensity Mixed~Use ("MU-1 ") District", Subsection D. "Other Development Standards" and Article 10, Section 4.1001, "High Intensity Mixed-Use {"MU-2") District", Subsection D. "Other Development Standards" are amended to prohibit fences between 7 a building's facade and the property line along publicly accessible streets, with the exception of fences for one- and two-family residential development, by adding the following text: 7. Fences aa~d Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building facade of attached or detached one- and two-family residential dwellings in mixed- use zoning districts {see Section S.30S.B.2. for fence development standards). SECTI®N 8. Chapter 4, Article 9, of Ordinance Na. 1389b, the Zoning Ordinance of the City of Fort Worth, Section 4.902, "Law lntensity Minted-Use ("MU-1") District", Subsection D. "Other Development Standards" and Article 10, Section 4.1001, "High lntensity Mixed-Use ("MLT-2"} District", Subsection D. "Other Development Standards" are amended to add design standards for all new development in mixed-use zoning districts: 8. Fagade Design Standards for New Construction Statement of Intent -The following design standards are intended to encourage new buildings that complement neighborhood character, add visual interest, and support a pedestrian-oriented environment. The standards are not intended to encourage architectural unifarnaity or the imitation of older buildings. Required Drawings - To illustrate compliance with the following standards, developers shall submit to the Development Department elevation drawings far those building facades that are oriented to: ~ public streets, • private streets and walkways that are publicly accessible through a public use easement, or ® publicly accessible open space. 8 a. Facade Variation i. Each new building fagade oriented to a publicly accessible street or open space shall at a minimum incorporate 3 or more of the following ~ scaling elements far building facades greater than 50 ft. in width, and at least 2 of the following elements far building facades less than 50 ft. in width: a) Expression of building structural elements such as: o Floors (banding, belt courses, etc. not less than l" deep and 4" wide), o Columns {pilasters, piers, quoins, etc. not less than 4" deep and 6" wide), or o Foundation (water tables, rustication}; b) Variation in wall plane (not less than 4 inches) through the use of projecting and recessed elements. Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), andlor more pronounced architectural features, such as porches, alcoves, and roof dormers; c) Changes in material ar material pattern. Each change of material shad involve a miuaimum l inch variation in wall plane; and d) Changes in color. ii. New commercial and mixed-use building facades oriented to a publicly accessible street or open space shall include differentiation between the first or second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. iii. Each sequential block of new construction sha11 contain a unique building facade so as to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. iv. New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least 2 variations in wa11 plane per 100 linear feet of street frontage. Variations shall be not less than 3 feet in depth or projection and not less than 2 stories in height for multi-story buildings. Commercial floors and frontage within mixed-use buildings shall not be required to meet this standard. b. Fenestration New commercial building facades fronting an publicly accessible streets or open space shall be not less than 40 percent or mare than 90 percent clear glazing. c. Building N7[aterials Not less than 70 percent of all new building facades (not including door "and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, 4 patterned pre-cast concrete, cement board siding, cast stone ar prefabricated brick panels. d. Building Entries i. Buildi~ag entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. ii. Each retail use with exterior, street-oriented exposure shall have an individual public entry from the street. iii. Primary entrances shall be provided at intervals not to exceed 125 linear feet ofstreet-oriented residential building frontage. iv. Townhouses and other similar street level dwelling units within multi-unit structures sha11 have individual street-oriented entries for each unit. SECTI®N 9. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.902, "Low Intensity Mixed-Use ("MU-1") District," is amended to add Subsection E. "Adrnirzistrative Review Requirements" to require a mix of uses for projects of at least 3 acres in size, with exceptions far single-use projects within walking distance (1,000 feet] of other uses, and to require a conceptual site plan for administrative review prior to submittal of permit applications for new construction projects, as follows: E. Administrative Review Requirements 1. Conceptual Land Ilse Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan far approval by the Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Development Department. The Development Director may require a conceptual land use plan. for a project smaller than 3 acres ifthe project is part of a development equal to nr larger than 3 acres in size. a. The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories: ~ One- ortwo-family residential, ® Multifamily residential, ~ Commercial, d Institutional, m Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.902.C.S.h), ar i0 ~ Public park. Parking facilities and private open spaces shall be classibed the same as the primary land use they serve. b. Project Test -The conceptual land use plan shall Shaw that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 662/s percent of the total land area. The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district. if a development does not comply with this test, then the vicinity test described below shall apply. c. Vicinity Test -Developments in which a single land use other than mixed-use buildings exceeds 662/ percent of the site's total land area are permitted iP i. The Development Director determines that the following conditions are satisfied: a) The proposed land use at any location within the proposed development site must be within a wallcing distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and b) The percentage of any single land use category other than znixed- use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than b62/3 percent of the land area within the radius. The proposed development shall be included in the calculation of this percentage. Or ii. The Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the development site. 2. C©ncept~aal Site Plan. In order to facilitate compliance with the mixed-use zoning standards, developers shall subnut a conceptual site plan to the Development Department far administrative review prior to submittal of permit applications for new construction projects. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. SEC'll`~4N l0. Chapter 4, Article 10, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section4.1001, "High Intensity Mixed-Use ("MU-2"} District," is amended to add 11 Subsection E. "Administrative Review Requurements" to require a mix of uses for projects aver 3 acres in size, with exceptions for single-use projects within walking distance (1,000 feet) of other uses, and to require a conceptual site plan for administrative review prior to submittal of permit applications for new construction projects, as follows: E. Administrative Review Requirements 1. Conceptual Laa~d Use Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Develaprnent Director. The conceptual land use plan must be approved before a building permit application is accepted by the Development Department. The Development Director may require a conceptual land use plan far a project smaller than 3 acres ifthe project is part of a development equal to or larger than 3 acres in size. a. The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories: ~ One- ortwo-family residential, ~ MultifaYnily residential, ~ Co~nrnercial, m lnstitutianal, ® Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.1001.C.5.b), ar ® Public park. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. b. Project Test -The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 662/3 percent of the total land area. The land use area percentages shall be calculated using property information obtained frown the applicable tax appraisal district. if a development does not comply with this test, then. the vicinity test described below shall apply. a Vicinity Test -Developments in which a single land use other than mixed-use buildings exceeds 662/3 percent ofthe site's total land area are permitted if iii. The Development Director determines that the following conditions are satisfied: a) The proposed land use at any location within the proposed development site must be within a walking distance of 1,000 feet 12 of a different land use, as measured by the shortest pedestrian route, and b) The percentage of any single land use category other than mixed- use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 662/s percent of the land area within the radius. The proposed development shall be included in the calculation of this percentage. Or iv. The Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.} make compliance with the conditions of section i. above impractical in certain areas of the development site. 2. Coaaceptual Sane Flaw. In order to facilitate compliance with the mined-use zoning standards, developers shall submit a conceptual site plan. to the Development Department far administrative review prior to submittal of permit applications for new construction projects. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprsnts, parking areas, landscaped areas and features, and open space. SECTI®N l l e Chapter 5, Article 3, of Ordinance Na. 13896, the Zoning Ordinance of the City of Dart Worth, Section 5.305, "Supplemental Use Standards", Subsection B. "Accessary Uses" is amended to exempt multifamily dwellings in "MU-1" and "MU-2" districts from a provision allowing a 6-fact wrought Iran fence in the front yard, and to exempt newly constructed automotive repair and body shops in "MU-1" and "MU-2" districts from a provision allowing fences to be constructed between the building facade and the property line, as follows: 3. Multifamily Developments Up to six-foot wrought-iron fence or similar type construction fence that does not obscure visibility (excluding chain link) may be erected within the mini;lnum required front yard ar projected front yard of a multifamily development constructed under Section 6.506 entitled "Unified Residential Development." Such fence design may include masonry columns to a maximum height of six feet, six inches (6'6"). For multifamily developments located in MU-l and MU-2 districts, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible 13 open space, shall not extend beyond building facades; a.e. these fences shall not be located in the area between building facades and the property lane and 5. Fences required under Section 5.1 Q4 for automotive repair and body shops nraay be erected within the minttYYUm requiured front yard, platted front yard, or projected front yard. Far newly constructed automotive repair and body shops located in MU-2 districts, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space, shall not extend beyond building facades; i.e. these fences shall not be located in the area between building facades and the property line. SECTION ].Z. Chapter 6, Article l , of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 6.100, "Height", is amended to add enclosed stairwells to the exempted uses, as follows: 5. Elevator penthouses or bulkheads; mechanical equipment rooms; cooling towers; tanks; enclosed stairwells; and ornamental cupolas anal domes; signs and spires may be erected on buildings tv any height not prohibited by any other law, code or regulation. SECTION 13. Chapter 9, Article 1, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 9.141, "Defined Terams", is amended to add the definition for campus developments, as follows: CAMPi]S DEVELOPMENT: A campus development is defined as a unified group of buildings and/vr facilities located on a contiguous parcel(s) and operated by a single entity, such as a religious institution, school, or hospital. 14 SECTI®N 14. 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. SECTI®N 15. 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, 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. SECTI®N 16. 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 feed not more than Two Thousand Dollars {$2,000.00) far each offense. Each day that a violation exists shall constitute a separate offense. SEC'I'I®N 1'~. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 13896 which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, bath 15 civil and crimiinal, whether pending in court or not, under such ordinances, same shall not be affected by this ardinance but maybe prosecuted until final disposition by the courts. SECTI®N ~$. The City Secretary of the City o~ Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and e~'ective date of this ordinance far two (2) days in the aflzcial newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Govemtnent Code. SECTI®N 19. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney ADOPTED: 8 i ~ 1 EFFECTNE: ~~ ~~- 16