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HomeMy WebLinkAboutOrdinance 19013-01-2010ORDINANCE NO 19013-01 2010 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 ARTICLE 7 "RESIDENTIAL DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ESTABLISH A NEW RESIDENTIAL ZONING DISTRICT, SECTION 4 713, "URBAN RESIDENTIAL ("UR") DISTRICT AND ESTABLISH DEVELOPMENT STANDARDS FOR THE DISTRICT, AMENDING SECTION 4.603, "THE RESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4, TO REFLECT THE NEW DISTRICT AND USES TO BE ALLOWED, AMENDING SECTION 4.100, "DISTRICTS ESTABLISHED", OF CHAPTER 4 TO REFLECT THE NEW DISTRICT, AMENDING CHAPTER 9 TO ADD DEFINITIONS RELATED TO URBAN RESIDENTIAL DISTRICT, 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 and urban villages to encourage the development of sustainable, compact, pedestraan-scaled, mixed-use neighborhoods and commercial centers, and WHEREAS, m December 2007 the City Council adopted urban village master plans that recommended creating an urban residential zoning distract to serve as a transition between mixed-use areas and adjacent single family neighborhoods, and WHEREAS, the City's existing multifamily zoning classifications require a suburban development form that is not compatible with central city neighborhoods or urban mixed-use distracts, and WHEREAS, the Planning and Development Department formed aMixed-Use Zoning Advisory Group to guide the creation of an urban residential zoning classification, and WHEREAS, urban residential zoning addresses the need for denser residential developments to support and complement rail transit and to support commercial uses, and 1 WHEREAS, urban residential zoning will be a residential-only distract with building heights consistent with single-family zoning where an urban form is still desirable; and WHEREAS, it is recommended that the City Council adopt an amendment to the Zoning Ordinance to incorporate Urban Residential distract standards, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS SECTION 1 Article 7 `Residential Distracts" Chapter 4 `Distract Regulations" of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new section, Section 4 713 `Urban Residential Distract ("UR')" to read as follows. Sec 4.713. Urban Residential District ("UR") A. Purpose and Intent. 1 Purpose. It is the purpose of the Urban Residential ("UR') Distract to provide a residential density transition zone between low density single family neighborhoods and higher density commercial areas. An additional purpose of the Urban Residential ("UR ') Distract is to encourage a range of housing choices within walking distance of rail transit stations and mixed-use urban villages. The goal is to ensure compatibility between one and two-family distracts and more intense mixed-use distracts and related uses. Urban residential neighborhoods are characterazed by higher density residential structures in a highly walkable urban environment. The following building types will be found m neighborhoods with Urban Residential zoning: Apartment/Condominium, Townhouse, Manor House, and Single Family House. Maximum densities m Urban Residential ("UR') distracts are determined by the building form and compliance with other development standards included throughout the Zoning Ordinance, such as but not limited to maximum building heights and required parking. New housing m Urban Residential ("UR') distracts is between two and three stones m height, providing a density transition between low density neighborhoods and areas zoned for higher density Enhanced landscaping m Urban Residential ("UR') distracts provides street trees to help protect pedestrians from the elements, creating more attractive and walkable 2 neighborhoods. A mixture of housing types is present to provide architectural diversity while shallow front setbacks frame the pedestrian environment with engaging building facades, improve visibility and safety of building entrances, and increase neighborhood vitality 2. Intent Statements a. General Development Principles ~ 1 Promote apedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, urban residential development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding area s historic urban character The focus on form promotes buildings that conform to tested urban design principles. 2. Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those m which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and. visually interesting at the pedestrian level. 3. Encourage creativity, architectural diversity, and exceptional design. Urban residential is intended to promote high quality design, and the development review process for urban residential projects is intended to promote flexibility Standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity 4 Promote sustainable development that minimizes negative impacts on natural resources. Creating a walkable, higher density residential district surrounding mixed-use distracts supports sustainable development by providing an alternative to low-density development in peripheral areas. In accordance with sustainable development principles, the urban residential buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation m environmental design. b. Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms m the Urban Residential ("UR') Distract. All intent statements are addressed through development standards set out m Section 4 713 B C and D 3 1 Apartment/ Condominium. The front of the building is placed on, -- >-- or very close to the front property line. On corner lots, the building side ~ ==" facing the street is also placed on or near the side property hne. The ¢D ~ ~~ building often shares a common entrance. Primary entrances are romtnent I~ ~ ,~- and street facing. An elevated ground floor for residential uses is ~`~ recommended to ensure privacy Parking for an apartment/condomamum ~ '~ building is allowed on the side or rear of the building, but the preferred method is at the rear of the building. ~~,: 2. Townhouse A building with three or more attached dwelling units consolidated into a single structure. The front of the building is placed on, or very close to the front property line. On corner lots, the building side o ~o~----~ facing the street is also placed on or near the side property hne. A ° o 0 0 ° ' townhouse unit is more than one story in height; however units should not ° ° ~ ~' I be vertically mixed. Each unit has its own external entrance. Parking access j ~ '~ `~ ~ ,~ via a driveway or rear alley is required. An elevated ground floor for ~•' ,},, residential uses is recommended to ensure privacy ~` ~ ~~'y'' 3. Urban Manor House. A development/building with two to five ~' attached dwelhng units consolidated m a single structure. A manor house is ¢~ I: located on a single lot and contains common walls. Dwelling units w~thm a I~('1 - building may be situated eifher wholly or partially over or under other - - .--.` dwelhng amts. The front of the building is placed on, or very close to the _ ' €~ front property line. On corner lots, the building side facing the street is also ~_ placed on or near the side property hne. The building has the appearance of a _ `'~ convf;ntronal single family house with a suigle primary entrance except that a manor house wrfh two dwelling units (duplex) may'have one primary entrance _ for each amt provided it meets the requirements of 4 713 D 7 e.rv An I ~~y' ~ `" ~ ~' ~ ~ elevated ground floor for res~dent~al uses is recommended to ensure privac y `~' °-' Parking for a manor house is allowed on the side or rear of the building but _'_y , i ,. ~ L` , the preferred method is through traditional forms wifh detached garages at the , `~"°--~. - ~%' rear when possible. ~ `~~~/ 4 Single-Family House. The front of the building is placed on, or very close to the front property line. On corner lots, the building side i c~ facing the street is also placed on or near the side property line. An elevated Ins ground floor for residential uses is recommmended to ensure privacy Parking ~ _ for a single family home is allowed on the side or rear of the building, but ~ :. _ ~ ~--' the preferred method is through traditional forms wrfh detached garages at _.~ the rear when possible. ~~-`./~ 4 B Uses In the Urban Residential ("UR') 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 6 and the supplemental standards of Chapter 5 C Property development standards In the Urban Residential ("UR') Distract, the dimension of yards, the maximum height of buildings, the maximum residential density and the required open space shall be as follows. 1 General yard development standards• Development shall be exempt from Chapter 6 article 1 Sections 6 101 B 6 101 C 6 101 E. and 6 101 F 2. Front yard• 20 feet maximum setback 3 Rear yard' a. 20 feet minimum setback for the pnmary structure b 5 feet minimum setback for an accessory structure unless an alley is provided, m which case there is no minimum 4 Side yard Setbacks are required when an abutting property with an existing building has windows facing to the side. Any new development or addition shall provide at least ten (10) feet of separation between the existing and new buildings. 5 Minimum Building Height• Two (2) stones consisting of a minimum of 17 feet 6 Maximum Building height 35 feet Note Development m the Urban Residential ("UR') Distract is exempt from Section 6 100 `Height" 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. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included m the measurement of total building height. 7 Maximum residential units per acre• none D Other development standards Development m the Urban Residential ("UR') Distract shall be subject to the applicable development standards in Chapter 6 and the following provisions. 1 Off street parking and loading. The following table establishes the required parking for the allowed building types m the Urban Residential ("UR') Distract. All other applicable requirements and applicable nonresidential use requirements included m Chapter 6 Article 2 apply 5 a. Parking Table Building Type/Use Requirement Single Family (UR) 2 parking spaces located behind the front of the building line per dwelling unit. Townhouse (UR) 2 parking spaces per dwelling unit are required at the rear of the primary structure and accessed via a driveway or rear alley Manor house (duplex) 2 spaces per dwelling unit plus 1 space per bedroom over three (3) bedrooms per dwelling unit all located behind the front building line Manor house 0 75 to Toff-street spaces required per bedroom, (apartment) and . located behind the front building lme* Apartment/ Condominium Plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and On-street parking along storage) the lot frontage maybe applied toward the If the development is wrthm 1 000 feet of a rail minimum parking transit station requirements, but shall not reduce the 0 5 to 1 off street spaces required per bedroom, applicable maximum located behind the front building lme* parking limitations. Plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and storage) *All partial spaces are rounded up b The required off street parking maybe located off premises, on property within 500 feet of the subject site within a structured parking garage. c. Surface parking shall not be permitted between a building front and the street. Residential uses locally designated as either Historic or Cultural Landmark ("HC") or Highly Significant Endangered ("HSE") shall be exempt from off-street parking requirements. 6 2 Landscaping and buffers. See Chapter 6 `Development Standards" Article 3 `Landscaping, Buffers and Urban Forestry" provided however the following provisions shall apply m the Urban Residential ("UR') District: a. Bufferyard. i. A bufferyard is not required between the boundary of a one- or two-family development within the Urban Residential ("UR') Distract and an adjacent one- or two-family distract. u. Multi family development within the Urban Residential ("UR') District shall have a five (5) foot bufferyard. b Enhanced landscaping point system requirements. Enhanced landscaping must earn a minimum of 30 points (20 points m urban single family house and urban manor houses with two (2) units) that are awarded for providing and maintaining specific landscaping and design features. The points are accumulated as follows Enhanced Landscaping Point System - 30 points required (20 points in sin le-famil houses and urban manor houses with two 2) units) Feature Requirement or example items Points Awarded Plaza 5% of net land area. Plaza shall be continuous 15 w/ minimum area not less than 1 000 sq ft. If S% of net land area is greater then 2, 000 square feet, multiple lazas are permitted. Playground 5% of net land area w/ mzmmum area not less 15 than 1000 s ft Community 1 pt for every 250 sq ft w/ minimum area not 5-15 garden less than 1250 sq ft Arcades, structural 50% of facade facing primary street or 25 linear 10 awnings, galleraes, ft, whichever is greater 4 ft minimum depth. balconies or other approved edestraan shelter Single family front 50% of facade facing pramary street 10 orch Enhanced Each 50 ft segment of street frontage is required 10 streetscapmg to have 2 streetscapmg items. Items include but are not limited to benches, trash receptacles, bike racks, and planters using materaals appropriate for the adjacent street and approved by the Transportation and Public Works Department. Pedestrian-scaled 1 light post every 60 ft of street frontage; style 10 lighting approved by the Transportation and Pubic Works Department and consistent with other pedestrian lights on the same block. 7 Programmed 3% of net land area. Programmed recreation 10 recreation area areas include but are not limited to chess parks, (buildings with 3 bocce ball courts, and exercise/yoga facilities or more units) Public art As approved by the Planning and Development 10 installation Director or designee. Public art installations include but are not hmrted to pieces of sculpture, murals, and water features planned and executed with the specific intention of being sited or staged m the physical public domain, outside and accessible to all. Materials used are durable and resistant to graffiti and weather Street trees Required spacing: 10 • Small/Medium Canopy 25 - 30 ft • Large Cano y 35 - 40 ft Window awnings, 25% of facade facing primary street or 15 linear 5 shallow door ft, whichever is greater Multiple features (i.e. canopies, or other awnings) may add up to the required amount. facade features that are not intended to provide pedestrian shelter (less then 4 ft in depth) Programmed Minimum 15 seats 5 sitting area/pubhc outdoor dining area Proximity to a Within 500 ft 5 public park Sustainable Xeriscapmg, on-site stormwater management, 5 landsca ing rain gardens, bio-swales, etc. Roofto terrace Minimum 200 sq ft 5 Paved walkway 1 pt for every additional foot of sidewalk width 1 11 enhancement over the City standard (up to a 15 ft wide sidewalk total) i. Points shall be awarded only once for each feature category per project ii. Submittal of Landscape Plan. The location and description of enhanced landscaping features, decorative paving, sidewalk furniture or other decorative elements, shall be indicated on the landscape plan. 8 iii. Landscape area required. Section 6 301.H `Landscape Area Required" does not apply to developments in the Urban Residential ("UR') District except; a) Section 6.301.H 1 b b) Section 6.301.H 1 d, and, c) When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed m Table 6 8, Table A of Section 6.301.H. as well as other applicable regulations described or referenced within the UR regulations. iv Imgation. An irngation system shall be installed to provide total water coverage to all plant materials installed pursuant to this Section 6.301 I `Irngation for developments with more than three dwelling units. v Miscellaneous Requirements. In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, hve groundcover decorative paving, sidewalk furniture or other decorative elements. c. Landscaping m parking and driveway areas. i. Landscape islands or linear landscaping strips shall be required m parking lots with 12 or more parking spaces. All landscaped islands shall have at least one tree. ii. Every parking space is required to be not more than 60 feet from a large canopy tree planted within a median, step or island measured from the trunk at planting. iii. Required size of landscape islands containing trees a) Within parking lots with porous surfaces 130 square feet. b) Planted in Structural Soil 65 square feet. The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary for proper tree growth. Structural soils shall not be used for fire lanes in parking lots. c) Within parking lots with approved porous surfaces for parking areas excluding fire lanes 16 square feet. Tree trunks should be protected by wheel stops or other physical bamers excluding curbs. d) Linear landscaping strips are encouraged m lieu of landscaping islands where possible. iv Parking lots shall be screened from the public right-of way with landscaping, berms, fences or walls 36 to 42 inches in height. 9 3 Signs. a. On premise signs on single family houses, manor houses with two dwelling units and townhouses are limited to one umllummated nameplate per unit bearang the family name of the occupants residing in the residence not to exceed one square foot m area. b For apartment/condominium and manor homes containing more than two dwelling units, attached identification signs shall be permitted, subject to the following provisions. i. Attached signs shall be permitted to identify the name of the property upon which displayed. u. A sign or combination of signs shall have a maximum allowable area of exposure on each dedicated street frontage of not more than one square foot of sign area for each ten linear feet of frontage along said street; provided, however at least one sign shall be allowed having an area of 12 square feet. iii. Signs may be illuminated, but the source of fight shall not be visible. c. An umllummated sign for those uses permitted that are not residential is allowed. The sign shall not exceed 30 square feet m area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of draves providing ingress and egress to the property 4 Residential design standards. Multifamily developments are exempt from the requirements of Section b SOb `Unified Residential Development" 5 Entrances. In order to create apedestnan-onented environment in which buildings are onented toward publicly accessible streets and sidewalks, a pnncipal building must have its main entrance from a public sidewalk or plaza, or from a pravate sidewalk or plaza that is publicly accessible through a public use easement recorded in the real property records of the county The main entrance shall not be from a parking lot. Secondary entrances from parking lots are permitted. Intenor buildings constructed as part of a campus development are exempt from these requirements. 6 Fences and gates. In order to promote pedestnan-onented developments, extenor secunty fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement recorded m the real property records, or along publicly accessible open space shall not extend beyond building facades, fences shall not be located in the area between building facades and the property line. Fences not exceeding four feet m height, however may extend beyond the building facade of attached or detached single family house or townhouse developments m the Urban Residential Distract (see Section 5 305.B.2 for fence development standards) 10 7 Facade design standards for new construction. a. Projects that clearly conform to all facade design standards may be approved administratively by the Planning and Development Director or designee. A waiver from the facade design standards m the Urban Residential ("UR ') Distract may be granted by the Urban Design Commission (UDC) m accordance with the applicable development principles and standards. b Required drawings. To illustrate compliance with the following standards, elevation drawings shall be .submitted to the Planning and Development Department for those building facades that are oriented to i. Public streets, ii Private streets and walkways that are publicly accessible through a public use easement; or iu. Publicly accessible open space. c. Facade variation. i. Scaling Elements Each new building facade oriented to a publicly accessible street or open space shall at a minimum incorporate three or more of the following four scaling elements for building facades greater than 50 feet in width, and at least two of the following scaling elements for building facades less than 50 feet m width. a) Expression of building structural elements such as 1) Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), 2) Columns (pilasters, piers, quoins, etc. not less than four inches deep and six inches wide), or 3) Foundation (water tables, rustication) b) Variation in wall plane (not less than four inches) through the use of projecting and recessed elements. Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers, c) Changes in material or material pattern. Each change of material shall involve a minimum one inch variation in wall plane; and d) Noticeable changes to color or shade. ii. New buildings facades oriented to a publicly accessible street or open space shall include differentiation between the first or second level and the upper levels with a cornice, canopy balcony arcade, or other architectural feature. iu If a project consists of more than one block face, each sequential block of new construction shall contain a different building facade to encourage architectural variety within large projects, using the 11 required architectural elements listed m Section a.i above and/or other architectural features. iv New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations m wall plane per l00 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stones m height for multi-story buildings. d. Building materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials stone, back, terra cotta, patterned pre-cast concrete, cement board siding, cast stone or prefabricated back panels. e. Building entries. i. Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. ii. Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-onented residential building frontage. iii. Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-onented entnes for each unit. iv Manor Houses shall have a single pnmary entrance provided however that a manor house with two dwelling units (duplex) may have one pnmary entrance for each unit. :Each pnmary entrance must be provided under a shared porch or one of the entrances must be accessed from a side fa4ade of the structure E. Administrative review requirements. Conceptual site plan. In order to facilitate compliance with the Urban Residential development standards, a conceptual site plan shall be submitted to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. 12 SECTION 2. Section 4 603 `The Residential Distract Use Table Of Chapter 4 `Distract Regulations" of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new column heading 'UR between 'D and 'MU 1 and add as permitted uses all uses currently permitted, including all associated supplemental standards, m 'D High Density Multifamily Distract. SECTION 3. Section 4 100 `Distracts Established Of Chapter 4 `Distract Regulations" of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new section and district entitled Section 4 713 `Urban Residential ("UR') Distract" 5ECTION 4. Section 9 101 `Defined Terms" of Chapter 9 `Definitions" of Ordinance Number 13896 the Zoning Ordinance of the City of Fort Worth, is amended to amend the definition of Townhouse to address a Townhouse m the Urban Residential ("UR') Distract and to add the following new definitions. BELT COURSE.. A horizontal course of back or stone flush with or projecting beyond the face of a building. CAMPUS DEVELOPMENT A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated as a place of worship, school, or hospital. CORNICE A pro~ectmg shelf along the top of a wall, along the exterior tram at the meeting of a roof and wall, or at the uppermost division of an entablature. FACADE The faces or elevations of a building visible from a public way or space; usually limited to the front face of a building m an urban environment. FENESTRATION The design, proportioning, and disposition of windows and other exterior openings of a building. 13 FRIEZE The horizontal part of a classical entablature, often decorated with sculpture in low relief. MULLION A vertical strip that divides windows and doors. PILASTER. A shallow rectangular feature projecting from a wall, having a capital and a base and architecturally treated as a column. QUOIN A differentiated exterior angle or corner of a masonry wall, or one of the stones or bricks forming such an angle, usually differentiated from ad~oimng surfaces by material, texture, color size, or projection. RUSTICATION Rough masonry materials often located at the base of a classical building; the rough stones being expressive of strength and therefore, logically required at the base. STRUCTURAL SOIL An artificially engineered medium that meets or exceeds road bearing-load requirements for structurally sound pavement design and installation while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from the pavement surface. Examples include C U Structural Soil, Permatill, and Utelrte E-Soil. TOWNHOUSE or ROWHOUSE Aone-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof, and each dwelling being located on a separately platted lot. A Townhome m the Urban Residential District shall be defined as a development containing three or more attached dwelling units consolidated into a single structure. URBAN MANOR HOUSE A building with two to five attached dwelling units consolidated in a single structure. A manor house ~s located on a single lot acid must contain c~mm~n walls. Dwelling units w~thm a building may be situated. either wholly or partially over or under other dwelling units. WATER TABLE (ARCHITECTURAL) A pro~ectmg course of molded beck between the upper and ground floor The wall above the water table steps back several inches. 14 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, 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 ~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 nghts 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 15 such accrued violations and all pending hhgation, 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. SECTION 10. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain m full force and effect. SECTION 11 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO F)OR~ M AND LEGALITY Assistant City Attorney ADOPTED Janua 26 2010 EFFECTIVE ~j (~ 16