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HomeMy WebLinkAboutOrdinance 14780':, ORDINANCE 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, CHAPTER 9, "DEFINITIONS", AMENDING THE DEFINITION OF "RESIDENTIAL DISTRICT" TO INCLUDE "LOW INTENSITY MIXED-USE (`MU-1') DISTRICT", "HIGH INTENSITY MIXED-USE (`MU- 2') DISTRICT" AND PLANNED DEVELOPMENT DISTRICTS THAT ALLOW RESIDENTIAL USES; EXCLUDING SEXUALLY ORIENTED BUSINESSES AS A PERMITTED USE IN THE "MU-2" DISTRICT; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; 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, by the adoption of Ordinance No 14556 on March 20, 2001, the City Council amended the zoning ordinance, Ordinance No 13896, to create two new zoning distracts, "Low Intensity Mixed-Use (`MU-1') Distract" and "High Intensity Mixed-Use (`MU-2') Distract", WHEREAS, "MU-1" allows a mixture of residential and commercial uses; WHEREAS, "MU-2" allows a mixture of residential, commercial and fight industraal uses; WHEREAS, by the adoption of Ordinance; No 14436 on December 12, 2000, the City Council amended Ordinance No 13896 to allow residential planned development distracts, WHEREAS, it is appropraate to amend Ordinance No 13896 by amending the defimhon of "residential distract" to include "MU-1" and "MU-2" and residential planned development distracts and by prohibiting sexually oraented businesses m the "MU-2" distract because of the possible proxirmty of residential uses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: ~, r~ 3..,~, SECTION 1. The definition of "residential distract" in Chapter 9 of Ordinance No 13896, as amended, the zoning ordinance of the City of Fort Worth, is amended to read as follows. RESIDENTIAL DISTRICT Collectively, the distracts listed m Section 4 100B, as well as the "DHR1", "DHR2", "MH", "MU-1" and "MU-2" distracts and "PD" Planned Development distracts that allow residential uses. ,. SECTION 2. Chapter 4, Article 8, "Nonresidential Distract Use Table", is amended to reflect that sexually oraented businesses are not permitted in the "MU-2" distract, by removing "P*" from the MU-2 column for "Sexually oraented business" under the "Commercial Uses" section of the table. 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, exc.,ept where the provisions of this ordinance are in direct conflict with the provisions of such ordmarices and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 ~urasdiction, 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. 2 ~- ~h. ~~ SECTION 5. 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 Nos. 3011 and 13896 which have accrued at the tune 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. In order to be counted as a previous conviction for the purpose of imposing a muumum fine under section 1, a conviction for violation of the zomng orchnance must become final after the effective date of this ordinance. SECTION 6. 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 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 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. 3 .~, J SECTION 8. This ordinance shall take effect upon adoption and publication as required by law FryM APPROVED AS TO FORM AND LEGALITY Q~~~Q~ Assistant City Attorney ADOPTED• ~--Q,.A.-~-._ t ~s-, -Z o C7 EFFECTIVE. ~ '"~ 4