HomeMy WebLinkAboutOrdinance 20983-10-2013 ORDINANCE NO. 20983-10-2013
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH, BY AMENDING CHAPTER 4 "DISTRICT
REGULATIONS", SECTION 4.901 "NEIGHBORHOOD COMMERCIAL
("E") DISTRICT TO REMOVE THE MINIMUM SETBACK
REQUIREMENT; 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, the purpose of the Neighborhood Commercial ("E") District is to provide
areas for neighborhood-serving commercial, institutional and offices uses; and
WHEREAS, the Zoning Ordinance maintains a front yard setback standard that requires
a minimum setback of 20 feet in "E" District zoning; and
WHEREAS, the minimum required front yard setback in the "E" District is not
consistent with other commercial and mixed-use zoning districts; and
WHEREAS, the projected front yard setback wilt still apply when property in the "E"
District is adjacent to residential zoning providing a buffer to the residential properties; and
WHEREAS, it is advisable to amend the Zoning Ordinance to remove the minimum
required setback for properties along arterial streets as identified in the Master Thoroughfare
Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Ordinance No. 20983-10-2013
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SECTION 1.
Chapter 4 "District Regulations" of Ordinance No. 13896, the Zoning Ordinance of the
City of Fort Worth, is hereby amended to revise Article 9, "Commercial Districts", Section 4.901,
"Neighborhood Commercial ("E") District" to read as follows:
4.901, Neighborhood Commercial ("E") District
C. Property Development Standards
The minimum dimension of lots and yards and the height of buildings in the Neighborhood
Commercial ("E") District shall be as shown in the accompanying table.
..............
Neighborhood Commercial,"Ell District
Front Yard* 20 feet minimum; 0 feet minimum when fronting an arterial street"
Rear Yard* 10 feet minimum unless adjacent to residential district, where 15 feet minimum
required
Side Yard*
�5 feet minimum adjacent to residentially zoned lot,none otherwise. If provided,
Interior lot
side yard must be 3 feet minimum
Comer lot** 'None required unless through lot, then 10 feet minimum required
Height �3 stories or 45 feet maximum provided,however, Stealth Telecommunication
"rowers are permitted to a height of 60 feet. Telecommunication Towers are
permitted to a height of 45 feet as a Special Exception approved by the Board of
Adjustment.
Notes: Additional setback may be required see Chapter 6 Development Standards, Section 6.300 Bufferyard and
Supplemental Building Setback'. "May be subbed to projectedfiront yard(Section 6.101G)
SECTION 2.
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.
Ordinance No. 20983-10-2013
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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, 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
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 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.
Ordinance No. 20983-10-2013
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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
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.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
B1= IVY
Assistant City Attorney Mary I. la Stity Geretary
ADOPTED: October 7, 2013
EFFECTIVE:-4/il,
Ordinance No. 20983-10-2013
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