HomeMy WebLinkAboutOrdinance 16184ORDINANCE N /~
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AN ORDINANCE AMENDING THE COMPREHENSIVE 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 SECTIONS 6.300
`BUFFERYARD AND SUPPLEMENTAL BUILDING SETBACK" AND 6.301
`LANDSCAPING" OF ARTICLE 3, `LANDSCAPING AND BUFFERS" TO
ADD AN EXCEPTION FOR AIRPORTS, PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY
CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current Zoning Ordinance requires bufferyards, imgation, screening and
landscaping m order to promote a positive urban image and quality development, enhance property
values, provide landscape improvements and promote orderly growth and aesthetic quality in the
Crty and
WHEREAS, the City currently operates the Fort Worth Alliance Airport, Fort Worth
Meacham International Airport and the Fort Worth Spinks Airport; and
WHEREAS, the 'Board of Adjustment receives a large number of requests for variances on
landscaping requirements for developments within the airport operating areas at the Fort Worth
airports, and
WHEREAS, the Federal Aviation Administration (FAA) has determined that landscaping on
airports attracts birds and small animals that may interfere with the daily operations of aircraft; and
WHEREAS, the FAA has found that landscaping around developments within the interior of
the airport may also reduce the amount of aucraft wing clearance on taxiways associated with aircraft
storage facilities; and
WHEREAS, the FFA recommends that airport operators confine landscapmg to auport areas
not associated with aircraft movement and restnct any shrubs, trees, and plants m areas within the
airport operating area, and
WHEREAS, rt is advisable to amend the Zomng Ordinance to provide an exemption from
the landscapmg requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
Subsection K `Exemptions and Exceptions" of Section 6.300 `Bufferyard and Supplemental
Building Setback" is hereby amended to add a new paragraph, Paragraph 5 to provide an exemption
for airport operating areas to read as follows.
K. Exemptions and Exceptions
5 Any area located within an airport operating area, defined as those
areas associated with aircraft movement, shall be exempt from the
supplemental bufferyard and supplemental building setback
requirements.
SECTION 2.
Subsection G `Exemptions from Landscaping Requirements" of Section 6.301
`Landscaping" is hereby amended to add a new paragraph, Paragraph 7 to provide an exemption for
airport operating areas to read as follows.
G Exemptions from Landscaping Requirements
7 Any area located within an airport operating area, defined as those
areas associated with aircraft movement.
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SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the 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 aze hereby repealed.
SECTION 4.
It is hereby declazed to be the intention of the City Council that the sections, pazagraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
pazagraph or section of this ordinance shall be declazed 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; pazagraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the mcorporahon m 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 sepazate offense.
SECTION 6.
All nghts and remedies of the City of Fort Worth, Texas, aze expressly saved as to any and all
violations of the provisions of Ordinance No 13896 which have accrued at the time of the effective
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date of this ordinance and, as to such accrued violations and all pending litigation, both civil and
cnmmal, whether pending in court or not, under such ordmances, same shall not be affected by this
ordmance but may be prosecuted until final disposition by the courts.
SECTION 7
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption,
penalty clause and effective date of this ordmance for two (2) days m the official newspaper of the City
of Fort Worth, Texas, as authorized by Section 52.013 Texas Local Government Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required bylaw
APPROVED AS TO FORM AND LEGALITY
Assistant ity ttorney
ADOPTED• `~ _ ` ~- ~
EFFECTIVE ~ ~ a ~~
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