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HomeMy WebLinkAboutOrdinance 14556ORDINANCE 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, ESTABLISHING TWO NEW MIXED-USE ZONING DISTRICTS ENTITLED "MU-1" LOW INTENSITY MIXED-USE DISTRICT AND "MU-2" HIGH INTENSITY MIXED-USE DISTRICT; ESTABLISHING USES TO BE ALLOWED; ESTABLISHING SETBACK, ENCROACHMENT, AND HEIGHT REQUIREMENTS; ESTABLISHING OTHER DEVELOPMENT STANDARDS; AMENDING NONRESIDENTIAL DISTRICT USE TABLE TO REFLECT NEW DISTRICTS AND USES TO BE ALLOWED; AMENDING LIST OF ESTABLISHED DISTRICTS TO REFLECT NEW DISTRICTS; AMENDING BUFFERYARD AND SUPPLEMENTAL SETBACK AREA REQUIREMENTS TABLE TO REFLECT APPLICABLE STANDARDS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS the Comprehensive Plan designates mixed-use growth centers to encourage the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers, WHEREAS the zoning ordinance contains certain property development regulations that impede the development of mixed-use neighborhoods and commercial centers as envisioned m the Comprehensive Plan, WHEREAS the zoning ordinance prohibits residential development wrthm commercial and industrial districts other than the Central Business District; WHEREAS mixed-use zoning may help advance revrtahzation mrhatives m areas outside of the designated mixed-use growth centers, WHEREAS the creation of walkable, mixed-use distracts should assist the Crty m addressing air quality and congestion problems, WHEREAS there is growing market demand for new residential and commercial development within compact, mixed-use distracts, WHEREAS mixed-use development standards, together with the proactive use of historac preservation regulations contained m Chapter 4, Article 5 of the zoning ordinance, will promote the preservation and adaptive reuse of historac buildings, WHEREAS mixed-use zoning is intended to work m conjunction with distract- specific redevelopment plans and urban design guidelines or standards to ensure high quality development that is consistent with the character of the distract; WHEREAS mixed-use zoning is intended to work in conjunction with the proactive development of urban parks and plazas, and an open space development program, separate from the mixed-use zoning regulations, could help ensure the creation of public spaces mmixed-use distracts, WHEREAS mixed-use zoning is intended to work m conjunction with redevelopment incentive programs such as the Neighborhood Empowerment Zones authorized by Chapter 378 of the Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Chapter 9 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 9 101, "Defined Terrns," is hereby amended by adding a definition for "Principal Building" which reads "A building in which the pramary use of the lot on which the building is located is conducted," and by adding a definition for "Pole Sign" which reads "A detached sign which is supported by one or more poles m or upon the ground." 2 SECTION 2. Chapter 4, Article 9 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 4.902, "General Commercial Restricted ('FR') District," is renumbered as Section 4.903, Section 4.903, "General Commercial ('F') Distract," is renumbered as Section 4 904, Section 4 904, "Intensive Commercial ('G') District," is renumbered as Section 4 905, and Section 4.905, "Central Business ('H') District," is renumbered as Section 4.906 SECTION 3. Chapter 4, Article 9 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is hereby amended by adding a new Section 4 902, "Low Intensity Mixed- Use ('MU-1') District," to provide for mixed-use areas as follows. A. Purpose and Intent It is the purpose and intent of the Low Intensity Mixed-Use ("MU-1") Distract to provide areas m which a variety of housing types exist among neighborhood- servmg commercial and institutional uses. B. Uses In the Low Intensity Mixed-Use ("MU-1 ") District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except m accordance with the use table in Chapter 4, Article 8, and the supplemental standards of Chapter 5 In the Low Intensity Mixed-Use ("MU-1") Distract, residential, commercial, and institutional uses may occupy the same building and lot. C. Property Development Standards In the Low Intensity Mixed-Use ("MU-1 ") District, the dimension of yards, the maximum height of buildings, the maximum residential density, and the required open space shall be as follows. General yard development standards Development shall be exempt from Chapter 6, Article 1, Sections 6 lO1B, 6 lO1C, 6 IOlE, and 6 lO1F Front yard. 20 feet maximum setback, with the following provision. 3 Buildings maybe set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face contains buildings within the maximum setback of 20 feet. Buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. Rear yard. 5 feet minimum setback. Side yard. Setbacks are required when an abutting property with an existing building has windows facing to the side. Then, any new development or addition shall provzde at least 10 feet of separation between the existing and new building. Note• Additional setback conditions are included in D Other Development Standards. Maximum height: 45 feet, or 3 stones, whichever is less, or 60 feet or 5 stones, whichever is less, i£ 1) Residential uses constitute 20 percent or more of a building's gross floor area, and 2) Office, eating and entertainment, and/or retail sales and service uses constitute 10 percent or more of the building's gross floor area. Note Development m the Low Intensity Mixed-Use ("MU-1") District is exempt from Section 6 100 Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. Maximum residential units per acre• 40; or 60 if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. Open space Open space shall constitute at least: 1) 20 percent of net land area for single-use multifamily developments and mixed-use projects m which residential uses constitute greater than 90 percent of gross floor area, or 2) 10 percent of net land area for commercial and institutional uses, and for mixed-use prod ects which include office, eating and entertainment, and/or retail sales and service uses that constitute 10 percent or more of gross floor area. Note Also see conditions for required landscape areas and bufferyards in Chapter 6, Article 3, and D Other Development Standards below D. Other Development Standards Development m the Low Intensity Mixed-Use ("MU-1") District shall be subject to the pertinent development standards m Chapter 6, and the following provisions. 1 Off-Street Parking and Loading. a. For the Low Intensity Mixed-Use ("MU-1") Distract, the parking requirements listed m Section 6.201B shall be reduced by the following proportions. 4 (1) 25 percent reduction for all uses m buildings not wrthm 1,000 feet of an entrance to a passenger rail station, with the maximum number of parking spaces limited to 100 percent of the minimum requirement listed m Section 6.201B, or (2) 50 percent reduction for all uses m buildings whose pnmary entrance is wrthm 1,000 feet of an entrance to a passenger razl station or rail stop, with the maximum number of parking spaces limited to 100 percent of the minimum requirement listed m Section 6.201B b For mixed-use buildings and projects, the total parking requirement shall be the sum of the individual requirements for all uses. A~omt use parking agreement, if executed according to the standards set forth in section e below, would allow a reduction in the total requirement for amixed-use buzldmg or project. c The required off-street parking for any use maybe located off-site, on property wrthm 500 feet of the subject site d. Adjacent on-street parking maybe applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. e. Joint use parking facilities are encouraged. Uses may provide more than the maximum number of parking spaces if the additional spaces are provided as part of anoint use parking facility However, if the point use parking facility is a surface parking lot, the total number of spaces m the surface lot shall not exceed the sum of the maximum spaces allowed for all individual uses shanng the facility This limit shall not apply to a multilevel parking garage that is used as anoint use facility Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted m wntmg to the Development Department as part of a building permit application or site plan review (1) The names and addresses of the uses and of the owners or tenants that are shanng the parking; (2) The location and number of parking spaces that are being shared, (3) An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times, and (4) A legal instrument such as an easement or deed restriction that guarantees access to the ~omt parking for all uses. f. Surface parking shall not be permitted between a building front and the street. g. Uses located m historically significant buildings shall be exempt from off-street parking requirements. For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for• (1) Listing m the National Register of Historic Places, or (2) Local designation as either Historic and Cultural Landmark ("HC") or Highly Significant Endangered ("HSE") h. These requirements supersede the parking requirements of Section 6.201B All other requirements of Chapter 6, Article 2 apply 2. Landscaping and Buffers. The requirements of Chapter 6, Article 3 apply, with the following provisions. a. Bufferyard and Supplemental Building Setback. (1) For the purposes of this section, the Low Intensity Mixed- Use ("MU-1") Distract shall be considered a nonresidential distract. (2) A bufferyard and supplemental building setback are not required between the boundary of a one- or two-family development within the Low Intensity Mixed-Use ("MU- 1") District and an adjacent one- or two-family district. (3) All uses, other than one-or two-family adjacent to one- and two-family distracts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial ("E") District, as described m Section 6.300 C Area Requirements. In 6 addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane, i.e the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot m height. This standard is illustrated in Figure 1 These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two-family districts that serve as public open space, such as parks and drainage ways. Note Section 8 of this ordinance amends the table m Section 6.300 C to reflect this standard. 60 feet height limit for ~~ ~ ~ ~~ ~~ ~ mixed-use buildings 45 feet or 3 stories, - 45` whichever is less - ~ 200 feet Figure 1 MU-1 Supplemental Building Setback and Transitional Height Plane b Landscaping. (1) Submittal of Landscape Plan. The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. (2) Landscape Area Required. When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level encroachments. This front yard landscaping must adhere to the tree and shrub planting requirements of Section 6.301H as well as other applicable landscaping requirements described or referenced within the MU-1 regulations. Street trees planted in the parkway abutting the property may be credited towards the tree planting requirement described in Section 6.301H if the property owner assumes responsibility for their maintenance through formal 7 agreement with the Parks and Community Services Department. This credit is applicable to properties with or without required front yard landscaping. Multifamily and mixed-use developments shall conform to the requirements of commercial and institutional uses m Section 6 301H. (3) Irngation. An irngation system shall not be required if the landscape plan demonstrates that use of drought resistant plants does not require irngation. Trees shall require an irngation system, regardless of species, and the imgation system may be provided entirely wrthm the property boundary (4) Miscellaneous Requirements. Sections 6.301J.3 and 6.301) 4 shall not apply In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. (5) Exemptions from Landscape Requirements. Section 6.301 G3 shall not apply Construction and expansion of multifamily and mixed-use developments within the MU-1 distracts are not subject to the Unified Residential Development provisions set forth m Section 6 506, except for 6 506H, but are subject to the landscaping requirements described and/or referenced within the MU-1 regulations, which include provisions of the landscape ordinance. c. Landscaping m Parking and Driveway Areas. (1) Landscape islands shall be required m parking lots with 12 or more parking spaces. The total area of landscape islands shall equal at a minimum 5 square feet per parking space. (2) Parking lots shall be screened from the public nght of way with landscaping, berms, fences or walls 36 to 42 inches m height. (3) Draveways that are located adjacent and parallel to a public street shall be screened from the public nght of way with landscaping, berms, fences, or walls 36 to 42 inches m height. 3 Signs. Sign requirements included m Chapter 6, Article 4 for the Neighborhood Commercial ("E") Distract shall apply to the Low Intensity Mixed-Use ("MU-1 ") Distract, with the following exceptions. 8 a. Pole signs are not allowed, b The maximum aggregate area for attached signs as described m Section 6 404E shall be 200 square feet per facade; and c Permitted detached signs shall be monument style and shall be limited to eight feet m height. 4 Residential Design Standards. a. For one-and two-family residential development, see the selected distract and also Chapter 6, Article 5 b Multifamily development and mixed-use protects are exempt from the requirements of Section 6 506 Unified Residential Development except 6 506H, which lists spacing requirements for projects consisting of multiple buildings. Section 6 506H shall apply to all multifamily development and to mixed-use projects in which the residential uses constitute greater than 90 percent of gross floor area. c. The following requirements are applicable to open space in multifamily developments and mixed-use projects m which the residential uses constitute greater than 90 percent of gross floor area. (1) Rooftop terraces and other common spaces maybe included as part of the required open space. (2) No space or area less than 6 feet in any dimension shall be counted as open space. Outdoor Storage or Display Outdoor storage or display requirements for the Neighborhood Commercial ("E") District shall apply to the Low Intensity Mixed-Use ("MU-1") District. 6 Entrances A principal building must have its main entrance from a public sidewalk or plaza. SECTION 4 Chapter 4, Article 10 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 4 1001, "Medium Industrial ('J') District," is renumbered as Section 9 4 1002, Section 4 1002, "Heavy Idustnal ('K') Distract," is renumbered as Section 4 1003 SECTION 5. Chapter 4, Article 10 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is hereby amended by adding a new Section 4 1001, "High Intensity Mixed- Use ('MU-2') Distract," to provide for mixed-use areas as follows A. Purpose and Intent It is the purpose and intent of the High Intensity Mixed-Use ("MU-2") District to provide areas in which a varaety of higher density housing types exist among commercial, institutional, and selected light industrial uses. B. Uses In the High Intensity Mixed-Use ("MU-2") Distract, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except m accordance with the use table m Chapter 4, Article 8, and the supplemental standards of Chapter 5 In the High Intensity Mixed-Use ("MU-2") Distract, residential, commercial, institutional, and light mdustraal uses may occupy the same building and lot. C. Property Development Standards In the High Intensity Mixed-Use ("MU-2") Distract, the dimension of yards, the maximum height of buildings, the maximum residential density, and the required open space shall be as follows General yard development standards. Development shall be exempt from Chapter 6, Article 1, Sections 6 lO1B, 6 lO1C, 6 lOlE, and 6 lO1F Front yard. 20 feet maximum setback, with the following provisions 1) Any portion of a building above 60 feet m height must be set back at least 20 feet from the front property line. 2) Buildings maybe set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face contains buildings within the maximum setback of 20 feet. Buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. Rear yard. 5 feet minimum setback. Side yard. Setbacks are required when an abutting property with an existing building has windows facing to the side. Then, any new development or 10 addition shall provide at least 10 feet of separation between the existing and new building. Note Additional setback conditions are included m D Other Development Standards. Maximum height: 60 feet or 5 stones, whichever is less, or 120 feet or 10 stones, whichever is less, if: 1) Residential uses constitute 20 percent or more of a building's gross floor area, and 2) Office, eating and entertainment, and/or retail sales and service uses constitute 10 percent or more of the building's gross floor area. Note. Development m the High Intensity Mixed-Use ("MU-2") Distract is exempt from Section 6 100 Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. Maximum residential units per acre• 60; or No limit if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. Open space Open space shall constitute at least: 1) 20 percent of net land area for single-use multifamily developments and mixed-use projects m which residential uses constitute greater than 90 percent of gross floor area, or 2) 10 percent of net land area for commercial, institutional, and mdustraal uses, and for mixed-use projects which include office, eating and entertainment, and/or retail sales and service uses that constitute 10 percent or more of gross floor area. Note• Also see conditions for required landscape areas and bufferyards m Chapter 6, Article 3, and D Other Development Standards below D. Other Development Standards Development m the High Intensity Mixed-Use ("MU-2") Distract maybe subject to a vanety of general development standards in Chapter 6, and the following provisions. 1 Off-Street Parking and Loading. a. For the High Intensity Mixed-Use ("MU-2") Distract, the parking requirements listed in Section 6.201B shall be reduced by the following proportions (1) 25 percent reduction for all uses m buildings not within 1,000 feet of an entrance to a passenger rail station, with the maximum number of parking spaces limited to 100 percent of the minimum requirement fisted m Section 6.201B, or 11 (2) 50 percent reduction for all uses m buildmgs whose pnmary entrance is wrtlun 1,000 feet of an entrance to a passenger rail station or rail stop, with the maximum number of parking spaces limited to 100 percent of the minimum requirement fisted m Section 6.201B b For mixed-use buildmgs and projects, the total parking requirement shall be the sum of the individual requirements for all uses. Anoint use parking agreement, if executed according to the standards set forth m section e below, would allow a reduction m the total requirement for amixed-use building or project. The required off-street parking for any use maybe located off-site, on property within 500 feet of the subject site. d. Adjacent on-street parking maybe applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. e. Joint use parking facilrhes are encouraged. Uses may provide more than the maximum number of parking spaces if the additional spaces are provided as part of a~omt use parking facility However, if the ~omt use parking facility is a surface parking lot, the total number of spaces m the surface lot shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility This limit shall not apply to a multilevel parking garage that is used as a ~omt use facility Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted m wasting to the Development Department as part of a building permit application or site plan review (1) The names and addresses of the uses and of the owners or tenants that are sharing the parking; (2) The location and number of parking spaces that are being shared, (3) An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use dunng its respective peak parking times, and 12 (4) A legal instrument such as an easement or deed restriction that guarantees access to the point parking for all uses. f. Surface parking shall not~be permitted between a building front and the street. g. Uses located m historically significant buildings shall be exempt from off-street parking requirements. For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for• (1) Listing m the National Register of Historic Places, or (2) Local designation as either Historic and Cultural Landmark ("HC") or Highly Significant Endangered ("HSE") h. These requirements supersede the parking requirements of Section 6.201B All other requirements of Chapter 6, Article 2 apply 2 Landscaping and Buffers The requirements of Chapter 6, Article 3 apply, with the following provisions. a. Bufferyard and Supplemental Building Setback. (1) For the purposes of this section, the High Intensity Mixed- Use ("MU-2") District shall be considered a nonresidential distract. (2) A bufferyard and supplemental building setback are not required between the boundary of aone- or two-family development within the High Intensity Mixed-Use ("MU- 2") District and an adjacent one- or two-family district. (3) All uses, other than one-or two-family adjacent to one- and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial ("E") District, as described in Section 6.300 C Area Requirements. In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stones, whichever is less. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e. the portion of a building above 45 feet or 3 stones must be 13 set back an additional foot for each additional foot in height. This standard is illustrated in Figure 2. These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two-family districts that serve as public open space, such as parks and drainage ways. Note Section 8 of this ordinance amends the table m Section 6.300 C to reflect this standard. 20 45 feet or 3 stories, - 45° whichever is less - ~ ~~~ . 12n fret 200 feet .K.. ~, Deeper lots could allow •••••-•••..•; ~ ............... taller buildings, in this case 90 feet 20 feet minimum '''' ••••••••••., ~ ............... setback required above :~ 60 feet 220 feet Figure 2. MU-2 Supplemental Building Setback and Transitional Height Plane b Landscaping. (1) Submittal of Landscape Plan. The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. (2) Landscape Area Required. When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level encroachments. This front yard landscaping must adhere to the tree and shrub planting requirements of Section 6.301H as well as other applicable landscaping requirements described or referenced within the MU-2 regulations. Street trees planted in the parkway abutting the property may be credited towards the tree planting requirement described in 14 Section 6.301H if the property owner assumes responsibility for their maintenance through formal agreement with the Parks and Community Services Department. This credit is applicable to properties with or without required front yard landscaping. Multifamily and mixed-use developments shall conform to the requirements of commercial and institutional uses m Section 6 301H. (3) Irngation. An imgation system shall not be required if the landscape plan demonstrates that use of drought resistant plants does not require imgation. Trees shall require an irrigation system, regardless of species, and the imgation system may be provided entirely within the property boundary (4) Miscellaneous Requirements. Sections 6.301) 3 and 6.301) 4 shall not apply In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. (5) Exemptions from Landscape Requirements. Section 6 301 G3 shall not apply Construction and expansion of multifamily and mixed-use developments within the MU-2 distracts are not subject to the Unified Residential Development provisions set forth in Section 6 506, except for 6 506H, but are subject to the landscaping requirements described and/or referenced within the MU-2 regulations, which include provisions of the landscape ordinance. c Landscaping m Parking and Driveway Areas. (1) Landscape islands shall be required in parking lots with 12 or more parking spaces. The total area of landscape islands shall equal at a minimum 5 square feet per parking space. (2) Parking lots shall be screened from the public right of way with landscaping, berms, fences or walls 36 to 42 inches m height. (3) Driveways that are located adjacent and parallel to a public right .of way shall be screened from the public right of way with landscaping, berms, fences, or walls 36 to 42 inches m height. 15 Signs. Sign requirements included m Chapter 6, Article 4 for the Light Industrial ("I") Distract shall apply to the High Intensity Mixed-Use ("MU-2") District, with the following exceptions. a. Pole signs are not allowed, and b The maximum aggregate area for attached signs as described in Section 6 404E shall be 200 square feet per facade; and c Permitted detached signs shall be monument style and shall be hmrted to eight feet m height. 4 Residential Design Standards. a. For one- and two-family residential development, see the selected district and also Chapter 6, Article 5 b Multifamily development and mixed-use projects are exempt from the requirements of Section 6.506 Unified Residential Development except Section 6.506H, which fists spacing requirements for projects consisting of multiple buildings. Section 6 506H shall apply to all multifamily development and to mixed- use projects m which the residential uses constitute greater than 90 percent of gross floor area. c The following requirements are applicable to open space m multifamily developments and mixed-use projects m which the residential uses constitute greater than 90 percent of gross floor area. (1) Rooftop terraces and other common spaces maybe included as part of the required open space. (2) No space or area less than 6 feet m any dimension shall be counted as open space Outdoor Storage or Display Outdoor storage or display requirements for the Intensive Commercial ("G") District shall apply to the High Intensity Mixed-Use ("MU-2") District.. 6 Entrances. A principal building must have rts main entrance from a public sidewalk or plaza. 16 SECTION 6. Chapter 4, Article 8, "Nonresidential Distract Use Table," is amended to add a new column heading "MU-1" between "E" and "FR", and to identify the following uses as permitted m "MU-1" 1 All uses permitted m the "D" High Density Multifamily Distract, and all associated supplemental standards. 2 All uses permitted m the "E" Neighborhood Commercial District, and all associated supplemental standards, except: a. Ambulance dispatch station, b Drave-m restaurant or business, and c. Recreational vehicle (RV) park. Chapter 4, Article 8, "Nonresidential Distract Use Table," is amended to add a new column heading "MU-2" between "I" and "J", and to identify the following uses as permitted m "MU-2" 1 All uses .allowed m the "D" High Density Multifamily Distract, and all associated supplemental standards. 2 All uses allowed m the "I" Light Industraal Distract, and all associated supplemental standards, except: a. Blacksmithmg; or wagon shop, b Chicken battery or brooder; c Coal, coke or wood yard, d. Correctional facility; e. Crematoraum, f. Drave-m restaurant or business, g. Electroplating; h. Fabrication of manufactured housing, temporary or office buildings, i. Furniture sales, with outside storage or display; ~ Galvamzmg, small utensils, k. Government maintenance facility; 1. Kennel, m. Machine shop, n. Manufacture home repair; RV repair; o Mobile home or manufactured housing sales, p Outdoor sales and storage, q Paint mixing or spraying; r Stable, commercial, riding, boarding or rodeo arena, s. Storage yards, building materaal, 17 t. Theater, drave-m, u. Railroad tracks team, spur, loading or storage, v Recreational vehicle (RV) park; w Telecommunications tower; x. Terminal. truck, freight, rail or water; y Truck stop with fuel and accessory services, z. Vehicle junkyard or storage yard, aa. Vehicle sales or rental, including automobiles, motorcycles, boats or trailers, bb Veterinary clinic with outdoor kennels, cc Wastewater treatment facility; dd. Water supply, treatment or storage facility; and ee Yards, contractor's, lumber, or storage SECTION 7. Chapter 4, Article 1 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 4 100, "Distracts Established," is amended to reflect creation of the "MU-1" Low Intensity Mixed Use and the "MU-2" High Intensity Mixed-Use Distracts as follows C Commercial Distracts 1 Neighborhood Commercial Restricted ("ER") Distract 2. Neighborhood Commercial ("E") District 3 Low Intensity Mixed-Use ("MU-1") Distract 4 General Commercial Restracted ("FR") District 5 General Commercial ("F") Distract 6 Intensive Commercial ("G") Distract 7 Central Business ("H") Distract D Industraal Districts 1 Light Industraal ("I") Distract 2. High Intensity Mixed-Use ("MU-2") Distract 3 Medium Industraal ("J") Distract 4 Heavy Industraal ("K") Distract 18 SECTION 8. The illustrative table m Chapter 6, Article 3, Section 6.3000 "Area Requirements," is hereby amended by inserting the "MU-1"and "MU-2" zoning classifications, applicable development standards, illustrative figures, and explanatory language so that the table reads District Building Setback Bufferyard Width "ER" 20 feet 5 feet "E" 20 feet 5 feet "MU-1" 40 feet** 5 feet "FR" 25 feet 5 feet "F" 35 feet 5 feet "G" 40 feet 5 feet "I" 50 feet* 5 feet "MU-2" 40 feet** 5 feet "J" 50 feet* 5 feet "K" 50 feet'` 5 feet Inactive Districts "O-M" 20 feet* 5 feet "E-P" 20 feet 5 feet "I P" 50 feet* 5 feet *Plus 5 feet for each additional story above 3 stories in height. '`*45 degree transitional height plane applies above 45 feet or 3 stories, whichever is less See Fi ures 1 and 2 and ex lanato Ian ua a below _ 60 feet height limit for ~~~~~~ ~~~~~ ~~ mixed-use buildings 45 feet or 3 stories, - 45 J whichever is less - ~ r- 20 feet X20 feet 200 feet Figure 1 ]VIU-1 Supplemental Building Setback and Transitional Height Plane 19 Deeper .lots could allow - ...................... : ~....,.......... taller buildings, m this case 90 feet ,1 .................5 - 20 feet minimum - ~~ ` '•••..••,.••; ~ ............... setback required above 45 feet or 3 stories, - 45° 60 feet whichever is less - ~ 20 feet 20 feet 200 feet 220 feet Figure 2. MU-2 Supplemental Building Setback and Transitional Height Plane Transitional Height Plane for Mixed-Use Districts A transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane, i.e the portion of a building above 45 feet or 3 stories must be set back an additional foot for each foot in height above 45 feet. This standard is illustrated in Figures 1 and 2 above for the "MU-1" and "MU-2" districts, respectively These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two-family districts that serve as public open space, such as parks and drainage ways. SECTION 9 Except as expressly amended, all provisions of the Ordinance No 13896, as amended, shall remain m full force and effect. SECTION 10. 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 20 Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 11. 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~udgement or decree of any court of competent~unsdiction, such unconstitutionality shall not affect any of the remaining 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 12. 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 13. 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 3011, Ordinance No 13896, or 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 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. 21 SECTION 14. The City Secretary 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. SECTION 15. This ordinance shall be in effect upon passage and publication as required by law APPROVED AS TO FORM AND LEGALITY ~ ~~~~ U ssistant City Attorney ADOPTED ~~~-~ c~~ , ~C~ p 1 EFFECTIVE 'y '~ ' (' 22