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HomeMy WebLinkAboutOrdinance 16651-10-2005ORDINANCE NO. ~"~oJ~'~' l0-0~~ 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 SUBSECTION F `THROUGH LOTS OF SECTION 6.101, "YARDS TO ALLOW AN EIGHT FOOT FENCE IN THE REAR YARD OF AN APPROVED THROUGH LOT• 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, the zoning ordinance of the Crty of Fort Worth, Ordinance No 13896, as amended, provides that when the rear frontage of a through lot is located on a local or collector street, the front yard setback standards of that applicable distract applies, WHEREAS, no solid fences or walls are permitted ii the front yard, platted front yard, established front yard, projected front yard of one and two-family residential dwellings except by special exception granted by the Board of Adjustment; WHEREAS, up to a four foot open design fence is allowed m the front yard, platted front yard, established front yard, projected front yard of one and two-family residential dwellings; WHEREAS a five foot open design fence may be permitted m the front yard, platted front yard, established front yard, projected front yard of one and two-family residential dwellings by special exception granted by the Board of Adjustment; WHEREAS, it is advisable to amend the ordinance to allow eight foot solid fences constructed wrthil the rear yard of the through lot (required front yard) when the Plan Commission approves the location of the through lot on a limited local, local or collector street. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Subsection F "Through Lots" of Section 6 101 "Yards" of Chapter 6, Article 1 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, ~ hereby amended to read as follows. 6 101 Yards F Through Lots 1 Arterial or wider streets. If the rear frontage of a through lot is on an arterial or wider street, the rear yard setback standards for the applicable district shall apply 2. Local or Collector streets. If the rear frontage of a through lot is located on a local or collector street, the front yard setback standards of the applicable district shall apply except for the following: (a) Where the block face ~s equal to or less than 250 feet; or (b) The facing lot on the opposite street face ~ the front, side or rear yard of anon-residential use, then the rear yard setback standards for the applicable district shall apply SECTION 2. Subsection B, `Height and Front Yard Regulations" of Section 5.305 `Fences" of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is hereby amended by adding a reference to through lots in Section 6 101 F to read as follows. 5 305 Fences B Height and Front Yard Regulations 1 No fence or wall shall be erected within the minimum required front yard, platted front yard, or projected front yard except as provided in Subsection 2 for one-family and two-family residential dwellings, Subsection 3 for multifamily developments, Subsection 4 for utility facilities, Subsection 5 for automobile repair and body shops, and Section 6 lO1.F for through lots. 2 SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty 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 ~unsdiction, 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 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 nghts and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 Ordinance No 13896 or any other ordinances 3 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. SECTION 7 This ordinance shall take effect upon passage and publication as required by law APPROVED AS O FORM AND LEGALITY Assistant ity torney ADOPTED: ~ ~ , < <~ ~ s ~~~ EFFECTIVE. 4