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HomeMy WebLinkAboutOrdinance 13419ORDINANCE NO I3~- l AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 19 TO PROVIDE REQUIREMENTS FOR ACCESSIBLE PARKING SPACES; PROVIDING THAT THIS ORDINANCE SHALL BE 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, accessible parking requirements are contained in Chapter 7 of the Code of the City of Fort Worth, "Buildings", Appendix Chapter 31, WHEREAS, parking requirements are also contained in Section 19 of the Comprehensive Zoning Ordinance of the City of Fort Worth, Appendix "A" to the City Code, WHEREAS, it is advisable to include accessible parking requirements in Section 19 of the Comprehensive Zoning Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Section 19, "Off-Street Parking and Loading Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by adding Subsection A.13 to provide requirements for accessible parking spaces, as follows 13 Accessible Parking a) Number of spaces required When parking lots or garage facilities are provided, either in accordance with parking requirements or voluntarily, accessible parking spaces shall be provided according to Table 19-1, except for the following uses 1) For general and long term hospitals, nursing and care homes, and philanthropic medical care uses, any of which specializes in the treatment of persons with mobility impairments, twenty (20) percent of the parking spaces provided shall be accessible 2) For offices, professional and commercial uses, eleemosynary institutions, and doctors' clinics, any of which provides outpatient medical care, ten (10) percent of the parking spaces provided shall be accessible 3) For multiple dwellings and apartment hotels containing accessible or adaptable dwelling units as specified by the Building Code, two (2) percent of the parking spaces shall be accessible Where parking for such uses is provided within or beneath a building, accessible parking spaces shall also be provided within or beneath the building b) Variances The Board of Adjustment's authority is limited to considering variances from the number of accessible parking spaces and van accessible parking spaces required Accessible parking spaces, van accessible parking spaces, and passenger loading zones shall be located and installed as specified in the Building Code Variances, as to these items, must be addressed through the process described in the Building Code c) Restripina narking areas. When parking areas are restriped, the provisions of this subsection shall apply When restriping is done voluntarily to existing parking for the purpose of installing accessible spaces, City staff may allow a reduction in the number of parking spaces required by this section in accordance with Table 19-2 when necessary to provide the accessible spaces. Plans for the restriping must be submitted to the Development Department for review and approval before work begins SECTION 2. 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 in direct conflict with the provisions of such ordinances and such 2 Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3. 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 jurisdiction, 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 SECTION 4 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 is permitted to exist shall constitute a separate offense 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 No 3011 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. 3 SECTION 6. 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 in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY ~~~ ~~~ ~ Assistarit City Attorney DATE ~~. ~~ , i~gg ADOPTED ~-Q~-~ _ i ~ , I ~ ~ ~ EFFECTIVE ~' - .Q. /~ - /9~~ 4 Table 19-1 - Number of Accessible Parking Spaces Total Parking Spaces in lot or garage Minimum required number of accessible spaces* 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 g 201-300 7 301-400 8* 401-500 g* 501-1,000 2% of total spaces* Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000* * One (1) van accessible parking space shall be provided for every eight (8) accessible parking spaces, or fraction thereof Table 19-2 -Allowed Reductions by City Staff for Provision of Accessible Parking Spaces Number of Required Parking Spaces Allowed Reduction Not to Exceed 1 - 50 51 + 1 space 2% of total spaces