HomeMy WebLinkAboutOrdinance 15622ORDINANCE NO. I `~'
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 (1986), BY AMENDING SECTION 4.803, THE
"NONRESIDENTIAL DISTRICT USE TABLE", TO REFLECT THAT
HOTELS, MOTELS AND INNS ARI; PERMITTED IN THE "MU-2"
HIGH INTENSITY MIXED-USE AND "H" CENTRAL BUSINESS
DISTRICTS WITHIN 1,000 FEET OF A RESHDENTIAL DISTRICT;
AMENDING SECTION 5.116, "HOTEL, MOTEL OR INN," TO REFLECT
THAT PLANNED DEVELOPMENT/SPECIFIC USE ZONING IS NOT
REQUIRED FOR HOTELS, MOTELS AND INNS WITI3IN 1,000 FEET
OF A "MU-2" HIGH INTENSITY D-USE DISTRICT; PROVIDING
THAT THIS ORDINANCE SMALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on December 9, 1986, the City Council adopted Ordinance No. 9781
amending the zoning ordinance to prohibit location of hotels and motels within 500 feet of
residentially zoned property and requiring Planned Development/Specific Use zoning and a site
plan for any hotel or motel within 1,000 feet of residentially zoned property;
WHEREAS, with the recodification of the zoning ordinance on August 13, 1999, by
Ordinance No. 13896, the City Council removed the 500-foot restriction, but retained the
Planned Development/Specific Use requirement for hotels and motels within 1,000 feet of
residentially zoned property;
WHEREAS, hotels, motels and inns are permitted in the "FR", "F" and "G" Commercial
Districts, "H" Central Business District, and "I", "J" and "K" Industrial Districts, unless the
hotel, motel or inn is within 1,000 feet of a residential district;
WHEREAS, the zoning ordinance defines "MU-2" High Intensity Mixed-Use District as
a residential district;
WHEREAS, the "MU-2" High Intensity Mixed-Use District and the "H" Central
Business District allow commercial, institutional and selected light industrial uses adjacent to
residential uses;
WHEREAS, hotels, motels and inns should be allowed as a matter of right in all
"MU-2" and "H" Districts;
WHEREAS, Planned Development/Specific Use zoning should not be required for a
hotel, motel or inn within 1,000 feet of property zoned "MU-2";
NOW, THEREFORE, EE IT ORI2AINET) BY THE CITY COYJNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 4.803, the Nonresidential District Use Table, "Lodging", is amended by
removing the asterisk from the "P" in the "MU-2" and "H" columns for "Hotel, motel or inn".
Such amendment reflects that hotels, motels and inns are permitted as a matter of right in the "H"
Central Business District and the "MU-2" High Intensity Mixed-Use District, and are not subject
to Section 5.116 requiring a Planned Development/Specific Use if located within 1,000 feet of a
residential district. As a result of the amendment, hotels, motels and inns are permitted in "H"
and "MU-2" even if within 1,000 feet of a residential district.
2
SECTION 2.
Section 5.116, "Hotel, Motel or Inn", Subsection A, is amended to read as follows:
A. Location Adjacent to IZesidential District
Where a hotel, motel or inn is less than 1,000 feet from a residential district other
than "MiJ-2' High Intensity Mixed-Use, a Planned Development District shall be
created for such use.
SECTION 3.
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.
SECTION 4.
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 5.
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
3
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 6.
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 or 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 maybe prosecuted
until final disposition by the courts.
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistan ity Attorney
ADOPTED: L ~ ~ Q J
EFFECTNE: ~_ (~
4
o~-~~ o-o~ i~oa :42 rt i
ORDINANCE NO. 1 ~lg
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 (1986), BY AMENDING SECTION 4.803, THE'
"NOl\fRESIDENTIAL DISTRICT USE TABLE", TO REFLECT THAT
HOTELS, MOTELS AND INNS ARE PERMITTED IN THE "MU-2"
HIGH INTENSITY MIXED-USE AND "H" CENTRAL BUSINESS
DISTRICTS WITHIN 1,000 FEET OF A RESIDENTIAL DISTRICT;
AMENDING SECTION 5.116, "HOTEL, MOTEL OR INN," TO REFLECT
THAT PLANNED DEVELOPMENT/SPECIFIC USE ZONING IS NOT
RE(~UIRED FOR HOTELS, MOTELS AND INNS WITHIN 1,000 FEET
OF A "MU-2" HIGH INTENSITY MIXED-USE DISTRICT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on December 9, 1986, the City Council adopted Ordinance No. 9781
amending the zoning ordinance to prohibit location of hotels and motels within 500 feet of
residentially zoned property and requiring Planned Development/Specific Use zoning and a site
plan for any hotel or motel within 1,000 feet of residentially zoned property;
WHEREAS, with the recodification of the zoning ordinance on August 13, 1999, by
Ordinance No. 13896, the City Council removed the 500-foot restriction, but retained the
Planned Development/Specific Use requirement for hotels and motels within 1,000 feet of
residentially zoned property;
WHEREAS, hotels, motels and inns are permitted in the "FR", "F" and "G" Commercial
Districts, "H" Central Business District, and "I", "J" and "K" Industrial Districts, unless the
hotel, motel or inn is within 1,000 feet of a residential district;
WHEREAS, the zoning ordinance defines "MU-2" High Intensity Mixed-Use District as
a residential district;
WHEREAS, the "MU-2" High Intensity Mixed-Use District and the "H" Central
Business District allow commercial, institutional and selected light industrial uses adjacent to
residential uses;
WHEREAS, hotels, motels and inns should be allowed as a matter of right in all
"MU-2" and "H" Districts;
WHEREAS, Planned Development/Specific Use zoning should not be required for a
hotel, motel or inn within 1,000 feet of property zoned "MU-2";
NOW, THEREFORE, BE IT ORI)AINEII BY THE CITY COITNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 4.803, the Nonresidential District Use Table, "Lodging", is amended by
removing the asterisk from the "P" in the "MU-2" and "H" columns for "Hotel, motel or inn".
Such amendment reflects that hotels, motels and inns are permitted as a matter of right in the "H"
Central Business District and the "MU-2" High Intensity Mixed-Use District, and are not subject
to Section 5.116 requiring a Planned Development/Specific Use if located within 1,000 feet of a
residential district. As a result of the amendment, hotels, motels and inns are permitted in "H"
and "MU-2" even if within 1,000 feet of a residential district.
2
SECTION 2.
Section 5.116, "Hotel, Motel or Inn", Subsection A, is amended to read as follows:
A. Location Adjacent to Residential District
Where a hotel, motel or inn is less than 1,000 feet from a residential district other
than "MU-2' High Intensity Mixed-Use, a Planned Development District shall be
created for such use.
SECTION 3.
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.
SECTION 4.
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 5.
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
3
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTI®N 6.
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. 13$96 or 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.
SECTI®N 7
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
i
~C ~!
ssistant City Attorney
ADOPTED: ~-~ ~ S , 2U0._~
EFFECTIVE: ~. ~ L, ~ I~ ~ ~ ~3
V
4