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HomeMy WebLinkAboutOrdinance 15033ORDINANCE NO. '~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE AND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE, TO REFLECT THAT GAS DRILLING AND PRODUCTION IS PERMITTED IN ALL DISTRICTS; TO AMEND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE AND SECTION 4.305, "PLANNED DEVELOPMENT ("PD") DISTRICT", "USES" TO REFLECT THAT OIL DRILLING AND PRODUCTION IS PERMITTED ONLY IN A PLANNED DEVELOPMENT DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the Fort Worth City Council passed Ordinance No 14880 estabhshmg comprehensive regulations relating to the dnlhng and production of gas wells m the city limits, and WHEREAS, the dnlhng anal production of gas is permitted m all distucts m the city m compliance with the rules and regulations set forth m Ordinance No 14880; and WHEREAS, the residential use table m the Zoning Ordinance does not address or allow for the dnlhng and production of gas or oil in residential districts; and WHEREAS, the nonresidential use table m the Zomng Ordinance allows gas manufacture, processing or storage m the Heavy Industrial "K" Distract by right and m a Planned Development "PD" District, but does not address the dulling and production of gas; and WHEREAS, the nonresidential use table m the Zoning Ordinance allows refining or wholesale storage of petroleum m a Planned Development "PD" Distract but does not address the drilling and production of oil, and WHEREAS, it is desirable to amend the tables to correspond to the adopted gas ordinance and to clanfy where the drilling and production of oil is allowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 4, Article 8, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 603 "Residential Distract Use Table", "Other Uses", is hereby amended to add a new use entitled "Gas drallmg and production" and to permit gas dnlhng and production for the column headings "A-43", through "MH" Distracts and by indicating that supplemental use standards apply in all distracts where allowed under Chapter 15 of the City Code entitled "Gas Dulling and Production" A diamond shall be inserted m the "PD" column, a "P*" shall be inserted m all other distract columns and "City Code, Chapter 15" shall be inserted m the "Supplemental Standards "column. SECTION 2. Chapter 4, Article 8, of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 4 803 "Nonresidential Distract Use Table", "Other Uses", is hereby amended to add a new use entitled "Gas dnlhng and production" and to permit the drallmg and production of gas for the column headings "ER" through "PD" Distracts and by indicating that supplemental use standards apply m all distracts where allowed under Chapter 15 of the Crty Code entitled "Gas Dralhng and Production" A "P*" shall be inserted m all distract columns and "Crty Code, Chapter 15" shall be inserted m the "Supplemental Standards "column. ~~ . SECTION 3. Chapter 4, Article 6, of Ordinance No 13896, the Zomng Ordinance of the Crty of Fort Worth, Section 4 803 "Nonresidential District Use Table", "Other Uses", is hereby amended to add a new use "Oil dnlhng and production" and only allow the dnlhng and production of oil m a Planned Development ("PD") Distract. A "PD" shall be inserted m the "PD" column. SECTION 4. Chapter 4, Article 3, of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 4.305 "Uses", Subsection D, "Specific Industraal Uses permitted m "PD" Distract Only", is hereby amended by adding "Oil dralhng and production" as number 9 and renumbering the remaining uses as numbers 10 through 14, beginning with "Packing plants, including slaughterang of animals and processing of by-products" as number 10 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 m direct conflict with the provisions of such ordinances and such Code, m 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 vahd~udgment or decree of any court of competent~unsdiction, 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 m 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. 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 Ordinances No 3011, 13896 and any other ordinances affecting zoning 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 m 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 m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. Y t SECTION 10. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 11. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney By C~ r'~ ~ ~ ` Assistant C~t2Attogrney ADOPTED J ' ~ / ~ (~ EFFECTIVE _ ~ - ,~ 9- ~ ~