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HomeMy WebLinkAboutOrdinance 15827ORDINANCE NO 15827 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, AMEND 6.202 TO REQUIRE A SIX FOOT FENCE AND AMEND SECTION 5.304 TO REQUIRE A BUFFERYARD FOR AUXILIARY PARKING NEXT TO A RESIDENTIAL DISTRICT PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. WHEREAS the Zoning Board of Adjustment has a responsibility to apprise the City Council of potential problems with the Zoning Ordinance; and WHEREAS there are large numbers of recurnng requests for specific types of variances that routinely generate the need for variance requests from the Board of Adjustment; and WHEREAS, many of these requests are routinely approved by the Board of Adjustment with little debate; and WHEREAS, a subcommittee of the Board of Adjustment has recommended some modest changes in the Zoning Ordinance m order to reduce the number of routine appeals filed by the public, processed by the staff and heard by the Board, and WHEREAS, the City Council desires to amend the Zoning Ordinance to provide for the screening and bufferyards for small additions, temporary buildings, and utility facilities; and WHEREAS, the intent of the following changes is to minimize the need for variance requests for those zoning provisions that are customarily approved by the Board of Adjustment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS SECTION 1 Chapter 6, Article 2, of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Section 6.202, Subsection F `Off-site Auxiliary Parking is amended to delete the requirement of a five-foot screen fence on all sides adjacent to a residential distract and to add a requirement of a 6-foot screen fence and bufferyard on all sides adjacent to a residential district m accordance with Section 6.300 to read as follows. F Off-Site Auxiliary Parking. If sufficient parking is not available on the premises, a pravate parking lot maybe provided within 500 feet, either on property zoned for that purpose or on approval as a special exception by the board of adjustment subject to the following conditions. 1 The parking must be subject to the front yard setback requirements of the distract m which rt is located. 2. The parking area must be hard surfaced and dust free (except as provided m 6.202E. above) 3 A 6-foot screen fence and bufferyard must be provided on all sides adjacent to a residential distract in accordance with Section 6.300 4 Area lights must be directed away from adjacent properties. 5 The lot, if adjacent to a residential distract, must be chained and locked at night. Commentary For additional restrictions on auxiliary parking m the 'ER distract, see section 4.900D SECTION 2 Chapter 5 Article 3 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 5.304 `Fences" Number 12 of Subsection A. `Fences Required" is amended to require compliance with the bufferyard requirements for off-site auxiliary parking lots to read as follows. A. Fences Required 12 Off-site auxiliary parking lots shall have a screening fence and bufferyard on all sides adjacent to a residential distract m accordance with Section 6.202. 2 SECTION 3 That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except m those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance. SECTION 4 That all nghts or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance Nos. 3011 13896 or any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That rt 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 void, ineffective or unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, 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. SECTION 6. 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 3 fined not more than Two Thousand Dollars ($2000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 That the Crty Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 8. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law and it is so ordained. APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney C Bak-~u~ E'wc-C~~- Assistant Ci v Attornev . ADOPTED ~~- ~ J '" L EFFECTIVE. I _ ~~ 4