HomeMy WebLinkAboutOrdinance 21715-04-2015 i
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ORDINANCE NO. 21715-04-2015
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 ARTICLE 8
"NONRESIDENTIAL DISTRICT USE TABLE", OF CHAPTER 4,
"DISTRICT REGULATIONS"; AMENDING SECTION 4.803, "THE
NONRESIDENTIAL DISTRICT USE TABLE" TO ADD DATA CENTER !
AS A PERMITTED USE IN "I" LIGHT, "J" MEDIUM AND `6K" HEAVY
INDUSTRIAL; AND TO AMEND CHAPTER 9, "DEFINITIONS" TO ADD i
A DEFINITION FOR "DATA CENTER"; 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
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WHEREAS, the Zoning Ordinance should occasionally be updated to reflect current
technologies and new market demands; and
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WHEREAS, certain businesses, data centers, have begun to provide mass data storage for
external customers; and
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WHEREAS,the Zoning Ordinance did not clearly address how these data centers would be j
categorized and in which zoning districts they would be permitted and the Economic Development
Department requested this use be added to the Zoning Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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CITY OF FORT WORTH,TEXAS j
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SECTION 1.
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Chapter 9, "Definitions" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort ;
Worth, Section 9.101 "Defined Terms" is hereby amended to add a definition for data center to j
read as follows:
9.101 Defined Terms
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DATA CENTER means real and personal property consisting of buildings or structures
specifically designed or modified to house networked computers and data and transaction
processing equipment and related infrastructure support equipment, including, without limitation,
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power and cooling equipment, used primarily to provide, as a service to persons other than the
company operating the data center, data and transaction processing services, outsource
information technology services and computer equipment colocation services, or, used primarily
to provide, to a single user, including the user's affiliates, customers, lessees, vendors and other
persons authorized by the user, data and transaction processing services.
SECTION 2.
Chapter 4, Article 8, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
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Worth, Section 4.803, "Non-Residential District Use Table" is hereby amended to revise section
"Light Industrial Services", to add the use "Data Center" and add a "P" under "I" Light
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Industrial, "J"Medium Industrial and"K"Heavy Industrial District columns for the use.
SECTION 3. I
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This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
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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. I
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
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ordinance, since the same would have been enacted by the City Council without the
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
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or section.
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SECTION 5.
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Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to
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comply with or who resists the enforcement of any of the provisions of this ordinance shall be
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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. I
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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
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court or not, under such ordinances, same shall not be affected by this ordinance but may be
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prosecuted until final disposition by the courts.
SECTION 7.
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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
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Government Code.
SECTION 8.
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All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
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amended shall remain in full force and effect.
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SECTION 9.
This ordinance shall take effect upon adoption and publication as required by law.
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APPROVED AS TO FORM AND LEGALITY:
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By:
Assistant City Attorney Mary J. Ka retary 1
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ADOPTED: April 7, 2015
EFFECTIVE:
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