HomeMy WebLinkAboutOrdinance 15828ORDINANCE NO. 15828
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, TO AMEND SECTION 6.300 TO
CREATE AN EXCEPTION TO THE BUFFERYARD, SCREENING
FENCE AND IRRIGATION REQUIREMENTS FOR TEMPORARY
BUILDINGS, ADDITIONS LESS THAN 3000 SQUARE FEET AND
UTILITY FACILITIES AND IN ALL DISTRICTS EXCEPT
INDUSTRIAL DISTRICTS, TO PROVIDE AN EXCEPTION FROM
THE FENCING AND IRRIGATION REQUIREMENTS WHEN
THERE IS A THIRTY FOOT GRASS BUFFERYARD•
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 tittle debate; and
WHEREAS, a subcommittee of the Board of Adjustment has recommended
some modest changes m the Zoning Ordinance in 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
eliminate the need for landscaping, 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 3 of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, Section 6.300 `Bufferyard and Supplemental Building Setback"
Subsection A, `When Required" and Subsection D `Screening Requirements" are
amended to exclude temporary buildings and minor additions from the bufferyard
requirements. Subsection G `Point System Requirements" is amended to add an asterisk
after the sentence `Each additional 5 feet in bufferyard width beyond required minimum
in the table entitled `Feature" and add a sentence to reference the asterisk to allow a 30
foot grass bufferyard to meet the point requirements without requiring screening fence or
irngation system to read as follows.
6.300 Bufferyard and Supplemental Building Setback
A. When Required
A bufferyard consisting of an open space of grass and other
landscaping and a masonry wall or wood fence m
combination with design features that screen or block
vision, noise pollutants, and other negative by-products
shall be provided and maintained along the entire length of
the boundary brie between any one- or two-family district,
and adjacent nonresidential distracts. A bufferyard shall be
required even when an alley is located between a
nonresidential distract and an adjacent one- or two-family
distract. Temporary buildings, utility facilities, and
additions to primary structures placed on the site that are
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less than 30% and under 3000 square feet are excepted
from the bufferyard requirements of this subsection.
D Screening Requirements
The owner and/or occupant of the use shall also erect and
maintain a solid masonry wall, wood fence, or combination
thereof, to a height that is a minimum of six feet above the
grade of adjacent property along the entire adjacent
property line except for minimum required front yards and
visibility triangles. For construction standards, see section
5.304C Temporary buildings, utility facilities, and
additions to primary structures placed on the site that are
less than 30% and under 3000 square feet are excepted
from the screening requirements of this subsection,
however dumpsters, loading docks and ground level
mechanical equipment shall be screened with a six foot
screening fence. For construction standards, see section
5.304C
G Point System Requirements.
Each additional 5 feet m bufferyard width beyond required
minimum*
* For commercial and institutional uses, a 30-foot grass
bufferyard shall meet the point system requirements of this
Section without providing for a screening fence or
irrigation system.
All other subsections of Section 6.300, `Bufferyard and Supplemental Building
Setback" shall remain m full force and effect.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the Crty of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except in those instances where provisions of such ordinances are m direct conflict with the
provisions of this ordinance.
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SECTION 3.
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 cnmmal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 4.
That rt is hereby declared to be the intention of the Crty 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 5.
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 more than Two Thousand Dollars ($2000 00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate offense.
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SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days m the official newspaper of the City of Fort Worth,
Texas, as authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 7
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
gy. ~
Assista~t
ADOPTED
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EFFECTIVE ~ ~~ ~ ~/
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