HomeMy WebLinkAboutOrdinance 14331ORDINANCE NO ~ ~ ~ 3
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, TO PROVIDE REGULATIONS FOR THE
DEVELOPMENT OF RETAIL STORES EXCEEDING 50,000 SQUARE
FEET IN AREA; DEFINING "GENERAL RETAIL SALES",
"GENERAL MERCHANDISE STORE", "HOME IMPROVEMENT
STORE" AND "LARGE RETAIL STORE", RESTRICTING THE SIZE
OF RETAIL STORES IN THE "E" NEIGHBORHOOD COMMERCIAL
DISTRICT TO 60,000 SQUARE FEET, ESTABLISHING
DEVELOPMENT REGULATIONS FOR LARGE RETAIL STORES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the concept of retail sales has changed m recent years with the proliferation
of large retail stores,
WHEREAS, large retail stores are usually intended to serve a community-wide or
regional customer base,
WHEREAS, many large retail stores offer a wide variety of goods and services and
extended hours of operation,
WHEREAS, large retail stores depend on visibility from mayor public streets and, m
turn, their design has •a significant impact on the character of mayor streetscapes m the city;
WHEREAS, experience has shown that large retail stores may have significant impacts
on neighboring residential areas, including traffic, noise and lighting;
WHEREAS, on March 21, 2000, by Ordinance No 14145, the City Council enacted a
90-day moratorium on the acceptance of applications for development of retail stores with a
footprint exceeding 100,000 square feet m the "E", "FR", "F" and "G" Commercial Districts
within 1,000 feet of property zoned or developed for one-family or two-family uses,
WHEREAS, the moratorium was extended to September 22, 2000;
WHEREAS, the moratorium was enacted and extended in order to maintain the ,status
quo while the Planning Department and the Development Department studied the impacts of
large retail stores and the City Council, on the basis of the study, considered adoption of
measures to address such issues,
WHEREAS, a City Council committee appointed to address the impacts of large retail
stores has met several times to receive information from City staff and to consider amendments
to existing regulations to address the impacts of large retail stores,
WHEREAS, the intent of the following regulations is to provide consistent development
standards throughout the community for large retail stores and to mitigate their effects on
property zoned or used for one- or two-family residential purposes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 9 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth,
"Definitions", is amended to add definitions of "General Retail Sales", "General Merchandise
Store", "Home Improvement Store" and "Large Retail Store", as follows
RETAIL SALES, GENERAL A facility for the retail sale of merchandise, mcludmg
without limitation bicycle sales or repairs, bird store; Christmas tree sales, cigar or
tobacco store; confectionery store, craft or novelty store; department store, dry goods or
notions store; electronic media sales or servicing; florist shop, fur storage or sales,
gasoline sales, gift shop, hardware, paint or wallpaper store, jewelry store, musical
instruments, sales and supplies, optical goods sales, pet shop, piano store; and variety
store.
STORE, GENERAL MERCHANDISE A retail facility offering a variety of
merchandise, mcludmg but not limited to the following• food, beverages, clothing,
automotive supplies, personal hygiene items, toys, sports equipment, books, electronic
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equipment, and household items. Does not include retail facilities specifically fisted m
the Retail Sales and Service section of the Nonresidential Use Table m Section 4 803
STORE, HOME IMPROVEMENT A retail facility the pramary focus of which is to
offer a varaety of merchandise for home improvement, mcludmg but not limited to
building niateraals and supplies, appliances, plants, gardening supplies and home
furnishings. Does not include retail facilities specifically fisted m the Retail Sales and
Service section of the Nonresidentral Use Table m Section 4 803
STORE, LARGE RETAIL A store for the retail sale of merchandise with a footprint
exceeding 50,000 square feet, mcludmg without hmrtation a general merchandise store,
home improvement store, antique shop, appliance sales or supply store, new or used
clothing store, new or used furniture store, greenhouse or plant nursery, grocery store,
pawn shop, or facility for general retail sales. A large retail store that sells to members
only or that also offers merchandise at wholesale is not excluded from this definition.
SECTION 2.
Chapter 4, Article 9 of Ordinance No 13896, the zoning ordinance of the Crty of Fort
Worth, Section 4 901, "Neighborhood Commercial ("E") District", is amended to provide that
retail stores exceeding 60,000 square feet m area are prohibited, as follows
B. Uses
In the Neighborhood Commercial ("E") 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
tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of
Chapter 5
1 Limitations on Commercial Development m "E" District.
a. Retail stores with a footprant exceeding 60,000 square feet are
prohibited.
SECTION 3
Chapter 4, Article 8 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, Section 4 803, "Nonresidential Distract Use Table", is amended to add the following
provisions to "Retail Sales & Service" m the "Commercial Uses" section.
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(1) "Home improvement store" and "general merchandise store" are added as
permitted uses m the "E", "FR", "F", "G", "H", "I", "J", "K" and "PD" Districts,
subject to a maximum permissible gross floor area of 60,000 square feet in the
"E" Neighborhood Commercial Distract; and
(2) "Large retail store" is added as a permitted use m the "E", "FR", "F", "G", "H",
"I", "J", "K" and "PD" Districts, subject to a maximum permissible gross floor
area of 60,000 square feet m the "E" Neighborhood Commercial District; and
(3) A reference to Section 5 132A, which provides supplemental standards for large
retail stores is added to the "E" "FR" "F" "G" "H" "I" "J" and "K" columns
for antique shop, appliance sales or supply store, new or used clothing store, new
or used furniture store, general merchandise store, greenhouse or plant nursery,
grocery store, home improvement store, large retail store, pawn shop and facility
for general retail sales.
SECTION 4
Chapter 4, Article 8 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, Section 4 803, "Nonresidential Distract Use Table", is further amended to add a reference
to Section 5 132A in the "Supplemental Standards" column for "Outdoor sales and storage"
under "Light Industrial Uses" The reference to Section 5 132A reflects that large retail stores m
the "I" Light Industraal, "J" Medium Industraal and "K" Heavy Industraal Distracts that are within
500 feet of residential property (defined m Section 5 132A as property zoned or used for one- or
two-family residential purposes) are subject to the outdoor sales and storage requirements set out
in Section 5 132A, unless there is an existing commercial use on a lot or tract at least 100 feet
wide or an existing industrial use between the large retail store and the residential property, m
accordance with Section 5 below
SECTION 5.
Chapter 5, Article 1 of Ordinance No 13896, the zoning ordinance of the Crty of Fort
Worth, "Supplemental Use Standards", is hereby amended by adding a new Section 5 132A,
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"Stores, large retail", to provide development regulations for large retail stores, as defined in
Section 1 above, as follows
5.132A Store, large retail
A. Regulations applicable to all large retail stores in "E","FR", "F", "G" and
"H" and to large retail stores in "I", "J" and "K" that are located within 500
feet. of residential property, unless there is an existing commercial use on a
lot or tract at least 100 feet wide or an existing industrial use between the
large retail store and the residential property.
1 Apphcabilrty• The following regulations apply to
a. Large retail stores located m the "E" Neighborhood Commercial,
"FR" Restracted Commercial, "F" General Commercial, "G"
Heavy Commercial and "H" Central Business Distracts, subject to
a maximum permissible gross floor area of 60,000 square feet m
the "E" Neighborhood Commercial Distract; and
b Large retail stores m the "I" Light Industrial, "J" Medium
Industrial and "K" Heavy Industrial Distracts located within 500
feet of residential property, provided, however, the regulations do
not apply if there is an existing commercial use on a lot or tract at
least 100 feet wide or an existing industrial use m the 500-foot area
between the large retail store and the residential property For
purposes of this Section 5 132A, "residential property" means a
one- or two-family residential district or property used for one- or
two-family residential purposes. Measurement shall be from the
property line of the large retail store to the boundary line of a one-
or two-family residential distract or the property line of property
used for one- or two-family use.
2 Standards and guidelines Standards and guidelines set out below require
a basic level of architectural varaety, compatible scale, and mitigation of
negative impacts. "Guidelines" are not mandatory, but are provided m
order to educate planners, design consultants, developers and Crty staff
about design obi ectives. "Standards" are mandatory
3 Landscape and buffering on streets. In addition to the bufferyard and
landscape requirements of Sections 6.300 and 6.301, a minimum 20-foot
r imgated and landscaped bufferyard shall be provided along all street
frontages to screen the view=of the property from the public rights-of--way
Such screening shall be provided using hedges, berms or mass plantings to
a height of not less than 24 inches with live groundcover A mmimurn of
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one three-inch capper canopy tree every 50 feet shall be provided with a
mature height of 25 feet by industry standards.
4 Landscaping m parking lot. In addition to the bufferyard and landscape
requirements of Sections 6.300 and 6.301 and the 20-foot landscaped
bufferyard described above, one three-inch capper tree within an irrigated
landscape island of not less than 150 square feet with live groundcover
shall be provided for every' 100 parking spaces, or fraction thereof. A
separate irrigated landscape island is required for every 100 parking
spaces, the required 150-square foot landscape areas cannot be combined
to create fewer, larger landscape islands. In addition, each end of a parking
strip shall have an irrigated- landscape island planted with a minimum of
one three-inch caliper tree and three shrubs within an area of not less than
300 square feet with live ground cover Additional landscaping is required
if parking exceeds one space per 250 square feet of gross floor area, in
accordance with Subsection A(10) below
5 Building materials and color
a. Guidelines Exterior building matenals and colors comprise a
significant part of the visual impact of a building. Therefore, they
should be aesthetically pleasing and compatible with matenals and
colors used m the surrounding area.
b Standards
(1) Materials All building facades that are visible from
ad~ommg properties and/or public streets (excluding
facades facing residential property that are screened by an
eight-foot masonry wall) shall be of architectural block,
back, stone, or tinted, textured concrete masonry units
Tilt-up concrete construction is permitted, provided the
exterior surface is textured or covered with brick, stone, or
material fabricated to simulate brick or stone. Stucco and
EIFS (Exterior Installation Finished System) are permitted,
up to a maximum of 30% of a facade area. Smooth
concrete block and prefabricated steel panels are prohibited.
(2) Colors Except for back or stone, surfaces shall be painted
m subtle, neutral or earth tone colors, specifically including
without limitation white, tan, brown and gray Trim and
accent areas may feature brighter colors, including primary
colors. Metallic or fluorescent colors are prohibited.
Accent colors on each facade shall be limited to a
maximum of 25% of the facade area for logo colors and a
maximum of 10% of the facade area for other accent colors.
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A logo color is a color commonly used by a large retail
store as an identifying characteristic
6 Architectural features.
a. Guidelines Facades should be articulated to reduce the massive
scale and the uniform, impersonal appearances of large retail
buildings and provide visual interest.
b Standards Architectural features on building facades that are
visible from ad~oimng properties and/or public streets (excluding
facades facing residential property that are screened by an eight-
foot masonry wall and facades facing the side or rear of property
zoned and used for commercial purposes or industrial purposes)
shall address the visual impact of long uninterrupted walls by
providing a minimum of three of the following elements. No
uninterrupted length of any facade shall exceed 100 feet. See
illustrations of architectural features attached as Exhibit "A-1"
(1) Variation m color and materials,
(2) Wall plane projections or recesses having a depth of at least
3% of the length of the facade and extending at least 20%
of the length of the facade, not to exceed 100 feet;
(3) Variation of a minimum of two feet m the height of
parapets. Variation to parapet height may include pilasters
and projecting raised entrance features,
(4) Pilasters pro~ectmg from the plane of the wall by a
minimum of 16 inches. The use of pilasters to interrupt
horizontal patterns such as accent banding is encouraged,
(5) Canopies projecting a minimum of 10 feet from the plane
of the primary facade walls, and
(6) Repetitive ornamentation including decorative applied
features such as wall-mounted light fixtures or applied
materials. Repetitive ornamentation shall be located with a
maximum spacing of 50 feet.
7 Attached suns. Attached on-premises signs shall be limited to 10% of
each wall face. No wall signage shall be back-lighted or illuminated to
such an intensity or brilliance as to cause glare or impair vision.
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8 Detached signs. Detached on-premises signage shall be limited to one
sign per large retail store; provided, however, two signs shall be permitted
when the large retail store is located on a corner lot or through lot. A sign
shall be located at the main entrance to the property The sign(s) shall be
of monument type no larger than 128 square feet in area and eight feet
high. In the alternative, a Unified Sign Agreement may be approved m
accordance with Subsection 6 404(F) Such Uniform Sign Agreement
shall not be restricted by the 128-square foot area and eight-foot height
limitations. Signs shall not be illuminated to such intensity or brilliance as
to cause glare or impair vision. Lighting shall be shielded upward to
prevent beams or rays from being directed at any portion of a traveled
roadway or residential property
9 Outdoor display, sales and storage
a. Apphcabilrty• The outdoor display, sales and storage regulations
m this section apply to the following retail establishments
(1) General merchandise stores and home improvement stores
m the "E" Neighborhood Commercial, "FR" Restricted
Commercial, "F" General Commercial, "G" Intensive
Commercial and "H" Central Business Districts, subject to
a maximum permissible gross floor area of 60,000 square
feet m the "E" Neighborhood Commercial District. All
large retail stores m the "E", "FR', "F", "G" and "H"
districts, other than general merchandise stores and home
improvement stores, shall comply with the outdoor storage
and display requirements m Section 5.305
(2) Large retail stores, including without limitation general
merchandise stores and home improvement stores, m the
"I" Light Industrial, "J" Medium Industrial and "K" Heavy
Industrial Districts located within 500 feet of residential
property, unless there is an existing commercial use on a lot
or tract at least 100 feet wide or an existing industrial use m
the 500-foot ,area between the large retail store and the
residential property Outdoor display, sales and storage are
permitted for ~~all large retail stores m the "I", "J" and "K"
Industrial Districts that are not within 500 feet of residential
property or where there is an existing commercial use on a
lot or tract at least 100 feet wide or an existing mdustraal
use between the large retail store and the residential
property, subject only to compliance with height, setback
and other development regulations for the applicable
distract.
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b Sidewalk display and cart storage• "Sidewalk" display is a term
commonly used m the retail industry to describe display areas
along the front of a building. Nothing herein permits storage,
display or sale of any item on property that has been dedicated for
public use. Sidewalk display and cart storage m the sidewalk
display area are subject to the follow restrictions
(1) Merchandise may be displayed and carts may be stored
within 20 feet of the front of the building.
(2) No single item may exceed 12 feet m height.
(3) Items may not be stacked to exceed six feet m height.
(4) A clearly delineated pedestrian walkway at least four feet m
width shall be provided contiguous to the 20-foot display
and cart storage area to provide unimpeded pedestrian
access to the building.
(5) An area the width of the customer entrance and exit door(s)
plus 15 feet on either side of the door(s) shall be maintained
clear of merchandise and carts to allow unimpeded
pedestrian access to the building.
(6) Areas for customer loading of merchandise shall be clearly
delineated and shall not be located in front of any customer
entrance or exit door(s) or within 15 feet on either side of
the door(s)
(7) This section does not prohibit storage of carts m the
parking lot, but merely regulates storage of carts in the
sidewalk display area.
(8) Outdoor storage, display and sales of plumbing fixtures and
large household appliances, including without limitation
hot tubs, washers, dryers, refrigerators, dishwashers and
trash compactors, is prohibited.
c Permanent outdoor display, sales and storage Merchandise may
be stored or displayed for sale to customers on the front or side of
the building in accordance with this paragraph. The total square
footage of all permanent outdoor storage, display and sales areas
permitted by subsections (1) and (2) shall be limited to 10% of the
footprint of the building, but in no event shall exceed 15,000
square feet. Permanent outdoor storage, display and sales shall be
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contiguous to the building and shall not be permitted within 100
feet of residential property Outdoor storage, display and sales of
plumbing fixtures and large household appliances, mcludmg
without hmrtation hot tubs, washers, dryers, refrigerators,
dishwashers and trash compactors, is prohibited.
(1) Permanent outdoor display, storage and sales General
merchandise stores. The permanent storage, display and
sales area shall be enclosed by a minimum eight-foot wall
of like appearance to the building or a base of like
appearance to the building topped by wrought iron or
tubular steel fencing, with a minimum total height of eight
feet. No merchandise other than trees shall be visible above
the wall or fence.
(2) Permanent outdoor display, storage and sales Home
improvement stores The permanent storage, display and
sales area shall be enclosed by a chain link fence covered
with windscreen or wall of like material to the building
with a minimum height of eight feet. Windscreen shall be
maintained m good repair and free of tears. Merchandise
may be stacked up to 25-feet high or level with the top of
the adjacent side wall, whichever is lower, but may not be
stacked above the height of the wall or fence. The roofline
on the front facade shall have architectural features, such as
gables or parapets, to obscure merchandise stored in the
area.
(3) Large retail stores m "I", "J" and "K" Industrial Districts
within 500 feet of residential property (other than home
improvement stores, which are subject to subsection 2
above), unless there is an existing commercial use on a lot
or tract at least 100 feet wide or an existing industrial use
between the large retail. store and the residential property
The permanent storage, display and sales area shall be
enclosed by a minimum eight-foot wall of like appearance
to the building or a base of like appearance to the building
topped by wrought iron or tubular steel fencing, with a
minimum total height of eight feet. No merchandise other
than trees maybe visible above the top of the wall or fence.
d. Seasonal outdoor displa and sales Christmas trees may be
displayed for sale. In addition, bedding plants, trees, shrubs,
potting soil and bagged yard products mcludmg without limitation
fertilizer, bark, mulch, peat moss and play sand may be displayed
from March 15 to June 15 The seasonal outdoor sales area shall
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be limited to 10% of the footprint of the building but m no event
shall exceed 12,000 square feet. No merchandise may exceed five
feet m height, except Christmas trees.
e. Rear storage Bulk merchandise may be stored behind the
building. The. sides and back of the storage area shall be screened
with a chain link fence covered with windscreen, except for any
side or back that is separated from any residential property by an
eight-foot masonry wall and landscaped bufferyard pursuant to
Section B(2) below Windscreen shall be maintained m good repair
and free of tears. The rear storage area shall not be accessible to
customers. Merchandise shall be stacked no higher than 25-feet or
level with the top of the ad~acenf side wall of the building,
whichever is lower, and may not be stacked above the height of the
chain link fence.
10 Parking. A minimum of one parking space per 250 .square feet of gross
floor area, or fraction thereof, shall be provided. Additional parking may
be provided, with a maximum of one space per 200 square feet of gross
floor area, or fraction thereof. An irngated landscape island of at least 150
square feet with one three-inch caliper tree and live groundcover, m
conformance with Section A(4) above, shall be provided for each 50
parking spaces, or fraction thereof, exceeding one space per 250 square
feet of _gross floor area. These requirements supersede the parking
requirements of Section 6.201B All other requirements of Chapter 6,
Article 2, "Off-Street Parking and Loading" requirements apply In the
event of any inconsistency, the stricter requirements shall apply
11 Parking lot hghtmg. Light poles shall be no more than 35 feet m height
and painted black, dark gray, or dark green or have bronze oxidant
protective coating. The main entrance shall be lit to be distinguishable
from surrounding ambient hghtmg. See (B)(8) below for additional
hghtmg requirements within 140 feet of residential property
12. Vehicular access. No large:retail store shall be located on a public right-
of-way or private street less than four lanes (two in each direction) on at
least one side of the property
13 Traffic impact study Where traffic generated by the project is anticipated
to exceed 4,000 trips per day, as determined by the Director of the
Department of Transportation and Public Works or his or her designee, a
traffic assessment shall be required defining on-site and off-site
improvements necessary to accommodate the impacts of the project.
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B. Regulations applicable to all large retail stores in "E", "FR", "F", "G", "H" ,
"I", "J" and "K" in proximity to residential property
1 Apphcabilrty• The following regulations apply to large retail stores
located m the "E" Neighborhood Commercial, "FR" Restricted
Commercial, "F" General Commercial; "G" Heavy Commercial, "H"
Central Business, "I" Light Industrial, "J" Medium Industrial, and "K"
Heavy Industrial Districts, subject to a maximum permissible gross floor
area of 60,000 square feet m the "E" Neighborhood Commercial Distract.
The wall and buffering requirements of Subsection 2 apply only to large
retail stores that share a common boundary with residential property or
whose property line is less than 20 feet from residential property
Subsection 3 establishes setback requirements from residential property
Subsections 4 through 7 establish restrictions on certain activities within
100 feet of residential property Subsection 8 establishes lighting
requirements within 140 feet of residential property "Residential
property" means aone-or two-family residential district or property used
for one- or two-family residential purposes. See illustration of regulations
applicable within 100 feet of residential property attached as Exhibit "A-
2"
2 Wall and landscaped bufferyard. An eight-foot masonry wall of back,
stone, split block or concrete cast to simulate such materials shall be
constructed along the common boundary line of the add acent residential
property, or as close as practicable m the event of intervening alleys,
easements and drainage channels. If the large retail store property and
residential property are separated by intervening property under separate
ownership that is less than 20 feet wide, a wall shall be constructed along
the property hne of the large retail store facing the residential property In
addition to the landscape requirements of Section 6 301, a 20-foot wide
irrigated and landscaped bufferyard shall be provided with three-inch
caliper canopy trees with a mature height of 25 feet by industry standards
planted every 20 feet in an overlapping pattern such that the canopy
creates a solid visual screening at maturity and live groundcover
3 Setback. All structures shall be set back three feet from all one- or two-
family residential districts or the property line of all property used for one-
or two-family residential purposes for each one foot m overall vertical
building height. For the purpose of determining such setback, building
height shall be measured from the lowest finished grade along the building
face to the peak of the roof on the building facade facing residential
property
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4 Activities and Equipment Permitted Within 100 Feet of Residential
Property The area within 100 feet of residential property may be used
only for driveways, emergency access easements, employee parking,
paving, landscaping, and maneuvering space
Pickup and Delivery
a. Distance requirements from residential. Outdoor storage, pickup,
delivery, loading and unloading of merchandise, equipment or
other items may not occur within 100 feet of. residential property
Loading docks shall be located more than 100 feet from residential
property
b Additional night-time restrictions No delivery vehicle may be
driven within 100 feet of residential property between the hours of
10 00 p.m. and 7 00 a.m. No delivery vehicle within 100 feet of
residential property shall have its engine, refrigeration unit or
generator running between the hours of 10 00 p.m. and 7 00 a.m.
Trucks or trailers parked at a loading dock may be unloaded onto
the loading dock between the hours of 10 00 p.m. and 7 00 a.m.
provided that all activity occurs inside the truck or trailer or wrthm
the building.
6 Trash Collection and Compaction. Trash collection and compaction may
not occur within 100 feet of residential property
7 Mechanical equipment: No mechanical equipment may be located within
100 feet of residential property Mechanical equipment shall be screened
m accordance with Section 6 301(D)
8 Li htm Lighting wrthm the 20-foot bufferyard add acent to residential
property shall not exceed one foot candle at ground level. Light poles
within 140 feet of residential property shall not exceed 20 feet in height
and shall be shielded away from residential property All other light poles
shall not exceed 35 feet m height. All light poles shall be painted black,
dark gray, or dark green or have bronze oxidant protective coating.
9 Pedestrian walkway A pedestrian walkway shall be provided between
any public transportation stop adjacent to the large retail property and the
main entrance. The pedestrian walkway shall be clearly delineated with
pavement striping and shall be a minimum of six feet wide
C Variances by Board of Adjustment. As provided by state law, the Board of
Adjustment may grant variances to the provisions of this section only if the
variance is not contrary to the public interest and, due to special conditions, a
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literal enforcement of the section would result in unnecessary hardship, and so
that the spent of the section is observed and substantial justice is done. As
provided by state law, a "hardship" does not include financial hardship resulting
from compliance with this section. The City Manager or a designee shall report
monthly to the City Council any variances granted to this section.
D Expansion. Any building expanded to a footprint exceeding 50,000 square feet to
be used as a large retail store shall comply with the provisions of Section 5 132A
or shall be located in a Planned Development Distract.
SECTION 6.
Chapter 5, Article 3 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, "Accessory Uses," Section 5 305, "Storage or Display m Commercial Districts,
Outdoor", is hereby amended to reflect that general merchandise stores and home improvement
stores are not subject to the outdoor storage regulations, as follows
A. Items Permitted m "E" Through "H" Districts
The following items may be displayed and/or stored outside the main building
subject to the conditions contained m this Section, provided, however, general
merchandise stores and home improvement stores are permitted to have outdoor
storage, display and sales m accordance with Section 5 132(A)(9)
1 - 9 (no change)
B Conditions (no change)
SECTION 7
Chapter 6, Article 2 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, "Development Standards," Section 6.201(B), "Required Off-Street Parking", is hereby
amended to reflect that off-site parking requirements for large retail stores are determined in
accordance with Section 5 132(A)(10) The following entry shall be added under "Commercial"
between "Restaurant" and "Theater, auditorum, place of public assembly"
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Use
Retail store, large
SECTION 8.
Requirement
See Section 5 132(A)(10)
Chapter 6, Article 4 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, "Signs", Section 6 404, "Regulations Governing On-Premises Signs", is hereby amended
to reflect that large retail stores subject to this ordinance are governed by the attached sign
regulations m Section 5 132A(7) and the detached sign regulations m Section 5 132A(8) The
first paragraphs of Subsection D, "Detached Signs m Commercial and Industrial Districts", and
Subsection E, "Attached Signs m Commercial and Industrial Districts" are amended as follows.
All other provisions of Subsections D and E shall continue m effect without change
D Detached Signs m Commercial and Industrial Districts
Unless exempted under the provisions of Section 6 402, the following regulations
shall apply to all detached on-premises signs erected in distncts "E" through "K",
except for signs for large retail stores subject to Section 5 132A(8)
E. Attached Signs m Commercial and Industrial Districts
Unless exempted under the provisions of Section 6 402, the following regulations
shall apply to all attached on-premises signs erected m distncts "E" through "K",
except for signs for large retail stores subject to Section 5 132A(7)
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 Code, m which event
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conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance No
14284, which was adopted by the Crty Council on August 1, 2000, extending a moratorium on
acceptance of applications for permits for development of large retail stores, will be repealed
upon adoption and publication of this ordinance as required by law
SECTION 11
It is hereby declared to be the intention of the Crty 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 ~urisdichon, 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 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 that 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
16
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 14
The Crty 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.
SECTION 15.
This ordinance shall take effect upon its adoption and publication as required by law
APP OVED AS TO FORM/AND LEGALITY
Ass stant City Attorney
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