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HomeMy WebLinkAboutOrdinance 7327 ORDINANCE NO. 7 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 3011 , AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN, SPACES, OFF-STREET PARKING AND LOADING, THE DENSITY OF POPULATION, AND FOR SAID PURPOSE DIVIDING THE MUNICIPALITY INTO DISTRICTS-OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS BY AMENDING SECTION 1 THEREOF TO PROVIDE ADDITIONAL DEFINITIONS AND BY AMENDING SECTION 2 THEREOF BY ADDING SECTION 2-G "HC," HISTORIC AND CULTURAL SUB-DISTRICT THERETO; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING ZONING; PROVIDING A SAVINGS CLAUSE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, Article 1011a, Revised Civil Statutes of Texas, author- izes and empowers the legislative bodies of cities to protect and pre- serve places and areas of historical and cultural importance and significance by regulating and restricting the construction, altera- tion, reconstruction or razing of buildings and other structures: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1, Definitions, of the Comprehensive Zoning Ordinance No. 3011 , as amended, be and the same is hereby amended by adding thereto the following additional definitions to be inserted in their proper alphabetical and numerical order: "EXTERIOR ARCHITECTURAL FEATURE: The architectural style, design, general arrangement and components of all of the outer surfaces of a building or structure, as distinguished from the interior surfaces enclosed by- such outer surfaces. Such exterior architectural feature shall include, by way of example but not by limitation, the kind, color, texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building or structure. "HISTORIC AND CULTURAL SUBDISTRICT: Any area which (1) con- tains buildings or structures which (a) have a special character or have a special historical or cultural interest or value, (b) represent one or more periods or styles of architecture typical of one or more eras in the history of the city, and (c) cause such area, by reason of such factors, to constitute a distinct section of the city; and (2) has been designated as an historic district pursuant to the pro- visions of this ordinance." SECTION 2. That Subsection "A" of Section 2, Districts, of the Comprehensive Zoning Ordinance No. 3011 , as amended, be and the same is hereby amended so that hereafter it shall read as follows: "A. In order to regulate and restrict the location of trades and industries and the location of buildings erected, re- constructed, altered or enlarged for specified uses, to regulate and restrict the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to protect and preserve places and areas of historical and cultural importance and significance, to regulate and determine the area of yards and other open spaces: and to regulate and limit the density of population, the City of Fort Worth is hereby divided into districts and subdis- tricts, of which there shall be twenty-two (22), which are grouped in classes for convenience of reference as follows: Class I - Special Purpose 1. 'AG' Agricultural District or District 'AG' 2. 'CF' Community Facilities District or District 'CF' 3. 'MH' Mobile Home Park District or . District 'MH' 4. ' IP' Industrial Park District or District 'IP' 5. '0-1' Flood Plain District or District '0-1' 6. '0-2' Flood Plain District or District '0-2' 7. 'HC' Historic and Cultural Subdistrict or Subdistrict 'HC' Class II - Residential 8. 'A' One-Family District or District 'A' 9. 'B' Two-Family District or District 'B' 10. 'C-R' Restricted Apartment District or District 'C-R' 11. 'C' Apartment District or District 'C' 1.2. 'D' Apartment District or District 'D' Class III - Commercial 13. 'E-R' Restricted Commercial District or District 'E-R' 14. 'E-P' Planned Commercial District or District 'E-P' 15. 'E' Commercial District or District 'E' 16. 'F-R' Restricted Commercial District or District 'F-R' 17. 'F' Commercial District or District 'F' 18. 'G' Commercial District or District 'G' 19. 'H' Business District or District 'H' Class IV - Industrial 20. 'I' Light Industrial District or District ' I ' 21 . 'J' Light Industrial District or District 'J' 22. 'K' Heavy Industrial District or District 'K' -2- The term 'more restricted district' means one with fewer permitted uses, and the term 'less restricted district' means one with more per- mitted uses." SECTION 3. That the Comprehensive Zoning Ordinance No. 3011 , as amended be and the same is hereby amended by adding thereto Section 2-G "HC," Historic and Cultural Subdistrict, which shall read as follows: "SECTION 2-G 'HC, ' HISTORIC AND CULTURAL SUBDISTRICT The 'HC' Historic and Cultural Subdistrict is created as a subdistrict to provide for the protection and preserva- tion of places and areas of historic and. cultural impor- tance and significance. Any such place or area may be designated as an 'HC' Subdistrict upon the recommendation to the City Council by the Zoning Commission that such a designation would foster: (1 ) the safeguarding .of the heritage of the City of Fort Worth by the preservation of a place or area which reflects elements of the City's cultural , social , economic, political or architectural history; (2) the protection and improvement of property values; (3) the encouragement of civic beauty; and (4) the promotion of the use of such a place or area for the education, pleasure and welfare of the public. Any zoning district designation may be followed by the suffix 'HC, ' indicating that such zoning district is subject to the use regulations of both the designated district and the Historical and Cultural Subdistrict. A. USE REGULATIONS In the 'HC' Historical and Cultural Subdistrict, no use which entails or involves construction, altera- tion, reconstruction, demolition or removal of any building or structure, or significant site altera- tions shall be permitted unless approval has been granted by the Building Code Board of Appeals. The Building Code Board of Appeals shall approve only those modifications, which are in strict compliance with applicable provisions of the Building Code of the City of Fort Worth, Ordinance No. 6374, as amended." SECTION 4. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements; and to protect -3- and preserve places and areas of historical and cultural importance and significance. They have been made after a full and complete public hear- ing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the pro- visions of said ordinances, except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No. 3011 , or of any amendments thereto, of said City of Fort Worth, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the court shall have all the powers that existed prior to the .effective date of this ordinance; and that all existing violations of Ordinance No. 3011 , as amended, which would otherwise become nonconforming uses under this ordinance shall not be- come legal nonconforming uses under this ordinance but shall be con- sidered as violations of this ordinance in the same manner that they were violations of Ordinance No. 3011 , as amended, of said City. SECTION 7. That 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, para- graph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or uncon- stitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. -4- SECTION 8. That 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 less. than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. That this ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO .FORM AND LEGALITY: City Attorney Adopted: . . . . Effective: -5-