HomeMy WebLinkAboutOrdinance 27030-06-2024ORDINANCE NO.27030-06-2024
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 CHAPTER 4, "DISTRICT
REGULATIONS," ARTICLE 8, "NONRESIDENTIAL DISTRICT USE
TABLE," SECTION 4.803, "NONRESIDENTIAL DISTRICT USE TABLE,"
TO REMOVE PERMANENT BATCH PLANT, ASPHALT OR
CONCRETE, AS A USE ALLOWED BY RIGHT AND REQUIRE A
CONDITIONAL USE PERMIT AND ADD A REFERENCE TO A
SUPPLEMENTAL USE STANDARD; AMENDING CHAPTER 4,
"DISTRICT REGULATIONS," ARTICLE 12, "FORM -BASED CODE
DISTRICT USE TABLE, "SECTION 4.1203, "DISTRICT USE TABLE," TO
ADD A REFERENCE TO A SUPPLEMENTAL USE STANDARD;
AMENDING CHAPTER 5, "SUPPLEMENTAL USE STANDARDS,"
ARTICLE I, "STANDARDS FOR SELECTED USES," TO ADD SECTION
5.156 "BATCH PLANT, ASPHALT OR CONCRETE (PERMANENT)" TO
CLARIFY WHERE PERMANENT BATCH PLANTS ARE PERMITTED;
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
WEHREAS, a permanent batch plant, concrete or asphalt, is not allowed by right in any
nonresidential district except for "K" heavy industrial and to operate a permanent batch plant,
concrete or asphalt, in any nonresidential district, except for "K" heavy industrial, requires a
conditional use permit; and
WHEREAS, City staff recommends limiting permanent batch plants, concrete or asphalt,
to districts where a conditional use permit overlay is designated in the City's use tables in Chapter
4, Articles 8 and 12 of the Zoning Ordinance; and
Ordinance No. 27030-06-2024 Page 1 of 4
WHEREAS, it is the desire of this City Council to require conditional use permit overlay
for permanent batch plants, concrete or asphalt, only in "I" Light Industrial, "J" Medium Industrial,
and "K" Heavy Industrial; and
WHEREAS, this City Council also desires to limit permanent batch plants, concrete or
asphalt, to districts where a conditional use permit overlay is designated in the use tables in Chapter
4, Articles 8 and 12 of the Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1.
Chapter 4, "District Regulations", Article 8, "Non -Residential District Use Table," Section
4.803, "Non -Residential District Use Table" of Ordinance No. 21653, the Zoning Ordinance of
the City of Fort Worth, is hereby amended to revise "Medium and Heavy Industrial", "Batch plant,
concrete or asphalt (permanent)", to remove "P" under "K" column and add "CUP*"; add "CUP*"
under the "I" and "J" columns; add a reference to section 5.156 under the Supplemental Use
column;
SECTION 2.
Chapter 4, "District Regulations", Article 12, "Form -Based Code District Use Table,"
Section 4.1203, "District Use Table" of Ordinance No. 21653, the Zoning Ordinance of the City
of Fort Worth, is hereby amended to revise "Non -Residential Uses", "Heavy Industrial
Manufacturing", "Batch plant, concrete or asphalt (permanent)", to add a reference to section 5.156
under the Supplemental Use column.
SECTION 3.
Chapter 4, "District Regulations", Article 12, "Form -Based Code District Use Table,"
Section 4.1203, "District Use Table" of Ordinance No. 21653, Districts "SY-HSH", "SY-HCO",
"SY-TMC", "SY-TNF", "Sy-TNX", "SY-TNE", "SY-TSA", "SY-ENX", "SY-ECC", the Zoning
Ordinance of the City of Fort Worth, is hereby amended to revise "Other Uses", "Temporary
Uses", "Batch plant, concrete or asphalt", to add a reference to section 5.401 under the
Supplemental Use column.
SECTION 4.
Chapter 5 "Supplemental Use Standards" of Ordinance No. 21653, the Zoning Ordinance
of the City of Fort Worth, is hereby amended to revise Article 1, "Standards for Selected Uses",
to add Section 5.156 "Batch Plant, Asphalt or Concrete (Permanent)" to read as follows:
5.156 BATCH PLANT ASPHALT OR CONCRETE (PERMANENT).
a A ermanent batch plant, asphalt or concrete shall be Iimited to districts designated
"CUP*" in the use tables in Chapter 4 Articles 8 and 12.
Ordinance No. 27030-06-2024 Page 2 of 4
SECTION 5.
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 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, 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.
SECTION 8.
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, I3896, 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
Ordinance No. 27030-06-2024 Page 3 of 4
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.
SECTION 10.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By: U4&
Christopher Austria,
Senior Assistant City Attorney
ADOPTED: June 25,2024
EFFECTIVE:
V —/
Jannette S. Goodall,
City Secretary
Ordinance No. 27030-06-2024 Page 4 of 4