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HomeMy WebLinkAboutOrdinance 18904-11-2009ORDINANCE NO 18904-11 2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ALL SECTIONS IN ARTICLE 9 `COMMERICAL DISTRICTS OF CHAPTER 4 `DISTRICT REGULATIONS TO ADD LANGUAGE REGULATING THE TYPE OF EXTERIOR METAL CLADDING ON METAL BUILDINGS AND TO REQUIRE THAT ALL METAL BUILDINGS HAVE A MINIMUM OF TWO ARCHITECTURAL STANDARDS FOR EACH BUILDING PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2008 the City Council requested that staff address exterior metal siding standards in response to concerns raised by council members and citizens regarding corrugated and non-architectural metal and exposed fasteners being used on commercial buildings, and WHEREAS, in response to the concerns, staff met numerous times with the Development Advisory Committee and metal cladding contractors in order to evaluate appropriate standards for metal siding m commercial zoning districts m the criy and WHEREAS, based on research and the responses from both the Development Advisory Committee and metal cladding contractors, staff is recommending revising the Zoning Ordinance to add requirements regarding metal cladding and architectural features, and WHEREAS, rt is advisable to amend the Zoning Ordinance to include minimum standards for metal siding m commercial districts, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1 All subsections D `Other Development Standards" of Sections 4 900 through 4 909 of Article 9 `Commercial Distracts" Chapter 4 `District Regulations" of Ordinance No 13896 the Zoning Ordinance of the Crty of Fort Worth, is hereby amended to add a new paragraph, numbered appropriately following the last paragraph in each subsection, regarding the regulation of metal buildings to read as follows Metal Buildings. The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the pnsmary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two extensor architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Extensor metal siding shall not be considered an architectural feature. These provisions shall not apply to Large Retail Stores. 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 m direct conflict with the provisions of such ordinances and such Code, m 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 2 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 m this ordmance 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 Crty 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 ordmance but may be prosecuted until final disposition by the courts. 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 m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013 Texas Local Government Code. 3 SECTION 7 All other provisions of the Zoning Ordinance of the Crty 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 By~ ~ ~,, ~ Assistant City Attorney ADOPTED November 3, 2009 EFFECTIVE ~~ ~ " 4