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HomeMy WebLinkAboutOrdinance 15112ORDINANCE NO. ~ ~( ~~ 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 THE RESIDENTIAL USE TABLE TO ADD LOW INTENSITY MIXED-USE (°~MU-1") AND HIGH INTENSITY MIXED-USE (~~MU-2") DISTRICTS; AMENDING THE RESIDENTIAL AND NONRESIDENTIAL USE TABLES TO ADD PERMITTED USES FOR THE LOW INTENSITY MIXED-USE ("MU-1") AND HIGH INTENSITY MIXED-USE (~~MU-2") DISTRICTS, PROVIDING THAT THI5 ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, mixed-use zoning should facilitate the creation of pedestrian-oriented, mixed- use urban villages in a way that is consistent with the community vision for the villages; WHEREAS, to begin implementation of urban village redevelopment plans, property owners in designated urban village areas have begun gathering petitions to rezone properties to Low Intensity Mixed-Use ("MU-1") and/or High Intensity Mixed- Use ("MU-2") Districts, WHEREAS, uses have been identified that are currently not allowed in Low Intensity Mixed-Use ("MU-1") and/or High Intensity Mixed-Use ("MU-2") Districts but are compatible with the land uses and character of the urban villages as well as other areas where mixed-use zoning would be appropriate; WHEREAS, it is advisable to amend Section 4.603, the Residential District Use Table and Section 4.803, the Nonresidential District Use Table, to allow certain other uses in the "MU-1"Low Intensity Mixed-Use District and the "MU-2" High Intensity Mixed-Use District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 4.603, "Residential District Use Table", of Ordinance No. 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended to add new column headings for "MU-1" Low Intensity Mixed-Use District. and "MU-2" High Intensity Mixed-Use District and to identify the following uses as permitted in "MU-1" and "MU-2" 1 All uses permitted by right in the "D" High Density Multifamily District, and all associated supplemental standards. 2. All uses permitted by special exception in the "D" High Density Multifamily District, and all associated supplemental standards. SECTION 2. Section 4 803, "Nonresidential District Use Table", of Ordinance No. 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended to identify the following uses as permitted in "MU-1" All uses permitted by right and by special exception in the "E" Neighborhood Commercial District, and all associated supplemental standards, plus the following uses and all associated supplemental standards. a. Auto parts supply, retail, b. College or university; c. Express office; d. Feed store, no processing/milling; e. Furniture sales, used (in a bldg.); f Furniture upholstery, refinishing or resale; g. Passenger station, h. Place of worship auxiliary use; i. One dwelling unit when part of a business, j Assisted living facility; k. Nursing home (with full medical services); 1. Locksmith, m. Amusement, indoor; n. Health or recreation club; o. Leather goods shop, p. Print centers, commercial, with offset printing; q Saddle or harness, repair or sales, and Except, ambulance dispatch station and recreational vehicle (RV) park are prohibited, and drive-in restaurant or business is permitted by right, subject to the following development standards. 2 a. Drive-through windows and stacking lanes are not located along facades of buildings that face a street, and where possible are located to the rear of buildings, 6 Driveways are not located within the front yard setback between the building front and the street; c. The design and location of the facility does not impede vehicular traffic flow and does not impede pedestrian movement and safety To minimize conflicts with vehicular and pedestrian circulation, shared driveways and/or driveways located off of non-arterial streets should be used, where possible; d. Architectural elements, landscaping, and/or other screening elements minimize the visual impacts of the drive-through facility; and e. The design and location of the facility are consistent with any design standards or guidelines that may be applicable to the pertinent district. A site plan demonstrating compliance with these drive-in restaurant or business development standards shall be submitted to the Development Director or designee for review and approval. SECTION 3. i- Section 4.803, "Nonresidential District Use Table", of Ordinance No. 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended to identify the following uses as permitted in "MiJ-2" All uses permitted by right and by special exception in the "I" Light Industrial District, and all associated supplemental standards plus. a. Colleges and universities, b. Place of worship auxiliary use, and c. Assisted living facility Except' drive-in restaurant or business is permitted by right, subject to the following development standards. a. Drive-through windows and stacking lanes are not located along facades of buildings that face a street, and where possible are located to the rear of buildings, b Driveways are not located within the front yard setback between the building front and the street; c. The design and location of the facility does not impede vehicular traffic flow and does not impede pedestrian movement and safety To minimize conflicts with vehicular and pedestrian circulation, shared driveways and/or driveways located off of non-arterial streets should be used, where possible; d. Architectural elements, landscaping, and/or other screening elements minimize the visual impacts of the drive-through facility; and e. The design and location of the facility are consistent with any design standards or guidelines that may be applicable to the pertinent district. A site plan demonstrating compliance with these drive-in restaurant or business development standards shall be submitted to the Development Director or designee for review and approval. The following uses are prohibited. a. Blacksmithing; or wagon shop, b. Chicken battery or brooder; c. Coal, coke or wood yard, d. Correctional facility; e. Crematorium, f. Electroplating; g. Fabrication of manufactured housing, temporary or office buildings, h. Furniture sales, with outside storage or display; i. Galvanizing, small utensils, j Government maintenance facility; k. Kennel, 1. Machine shop; m. Manufactured home repair; RV repair; n. Mobile home or manufactured housing sales, o. Outdoor sales and storage; p. Paint mixing or spraying; q Stable, commercial, riding, boarding or rodeo arena, r Storage yards, building material, s. Theater, drive-in, t. , Railroad tracks. team, spur, loading or storage; u. Recreational vehicle (RV) park; v Terrrunal. truck, freight, rail or water; w Truck stop with fuel and accessory services, x. Vehicle junkyard or storage yard, y Vehicle sales or rental, including automobiles, motorcycles, boats or trailers, z: Veterinary clinic with outdoor kennels, aa. Wastewater treatment facility; bb Water supply, treatment or storage facility; cc. Yards, contractor's, lumber, or storage, and dd. Sexually oriented business. 4 'SECTION 4. Section 9 101, "Defined Terms", is amended by repealing the definition of "Restaurant, Drive-Iri", and adopting the following definition of "Drive-in Restaurant or Business" DRIVE-IN RESTAURANT OR BUSINESS A restaurant or business that provides car service and/or adrive-through window, either exclusively or in conjunction with walk-in service. SECTION 5. 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 are hereby repealed. SECTION 6. 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 jurisdiction, 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 7 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. 5 SECTION 8. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 13896 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 9. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of .the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 10. This ordinance shall take effect upon adoption and publication as required bylaw APPROVED AS TO FORM AND LEGALITY ~~~~ ~ ssistant City iAntt~orney EFFECTIVE. ~~ . 30, ~O~ 6