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Ordinance 11281
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ORDINANCE NO.~ t ~~ f AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO~ 3011, AS AMENDED, AND CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SECTION 12, "H", BUSINESS DISTRICT TO CLARIFY AND EXPRESSLY INCLUDE SUBSECTION B 4 WHICH WAS INADVERTENTLX OMITTED IN A PREVIOUS AMENDMENT OF SECTION 12 "Hrr BUSINESS DTSTRIC,T OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE WHEREAS, On October 13, 1992, City Counci]. of the City of Fort Worth adopted Ordinance Na 11187, to clarify and expresslX provide that the height and area regulations apply to both buildings and other structures, and WHEREAS Section. 12, °°TI" Business District inc~.uded an amendment of Subsection B, and WHEREAS Subsection ~k under Subsection B. thereof was inadver- tently omitted, and WHEREAS the Ca.ty Council wants to correct that inadvertent omission ; ((i~ 1 -•- ~y ±~{'t~ftl UI tlv~j~;~ 1fLJtltli/ CI~.1L ~CI~ARY ft. WORI-~, T~. --,~,~ ?" BE IT ORDAINED BY THE CITY COUNCIJL OF THE CITY OF FORT WORTH, TEXAS; Texas; SECTION 1 That Section 1.2, "H" Business District, of the Comprehensive Zoning Ordinance, being Ordinance No. 301.1:, as amended., codified as Appendix "A" of the Code of the City of Fort Worth, Texas (].986), as amended, is hereby amended b,y changing Subsection B to read as follows: B Height and Area Regulations In the "H" Business District, the height and yard requirements for buildings and structures shall be as follows: 1. Height__ No restrictions. 2. Front Yard, None 3 Rear Yard' None 4 Side Yard :_ Where a lot abuts upon the side of a lot zoned residential, there shall be a side yard of at least five (5) feet. In all other cases, a side yard shall not be required, but if provided, it shall not be less than three (3) feet sECTZON 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 Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. OFFICIAL RE60A0 CITY SECRftARY ft WORTH, TDL ;+rnF! i t sECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses anal phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, shall not affect an.y 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 (52,000 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 b.y this ordinance but may be prosecuted until final disposition b,y the courts o~~cou R~co~o e~ s~cR~a~r ~T. WORTN, T~. ~. ~:. =` ~, t. ~" - SECT I O1V 6 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form far general distribution among the public, and the operative provisions of this ordinance as so published sha11. be admissible in evidence in all courts without further proof than the production thereof, as provided in. Chapter XXV, Section 3, of the Charter of th.e City of Fort Worth, Texas sECT I Orr ~~ The City Secretary of the City of Fort Worth, Texas, is hereby da.rected to publish the caption, pen.alt,y clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fart Worth, Texas, as authorized by Section ?_, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52 013, Texas Taoca~. Government Cnde. SEC'T'ION 8 This ordinance sha11 be i;n fu11 force and effect from and after its passage and publicatic-n as required by law, and it is so ordained APPROVED AS TO FORD. AND LEGALIT:~• ~~ City Attorney Date ~ `"' l ~. -- ~.-~ EFFECT 1 VE ' 3 "a3 '" r'1~a. OfFIC1Ai RECORD Ct1Y SECRETARY fT. WORTH, TFIi. City of Fort Worth, Texas Mayor and Councir Communication DATE REFERENCE NUMBER ** LOG NAME PAGE 03/23/93 G-10 096 060RDCOR 1 of 1 SUBJECT ORDINANCE CORRECTION: SECTION 12, "H" BUSINESS DISTRICT, COMPREHENSIVE ZONING ORDINANCE RECOMMENDATION: It is recommended that the attached ordinance correcting Ordinance No. 11187 establishing development regulations in 1;he "H" Business District be adopted. DISCUSSION: On October 13. 1992 the City Council adopted Ordinance No. 11'187, to clarify and expressly provide that the height and area regulations of the Comprehensive Zoning Ordinance apply to both buildings and other structures. In preparation of this ordinance the side yard requirements for the "H" Business District were inadvertently deleted from the development regulations of the Comprehensive Zoning Ordinance. By the adoption of the attached ordinance, the City Council amends the Comprehensive Zoning Ordinance to properly include side yard requirements as originally established within the Zoning Ordinance for the "H" Busine ss District. FISCAL INFORMATION/CERTIFICATION: Adoption of this ordinance does not have a financial impact on the City of Fort Worth. MG:b Qt:EICIAi RECORD CITI( SECRETARY fT. WORTH, TEX. Su tte or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to AP~~~VE~ Mike Groomer 6140 C~~ \I f~rl~ ~ ~~i V Orig Hating Depart®ent Hea t l~L! i f, ' M'~R `~~ ~~~ Joe Bilardi 8901 - rom ~ O te~'0~'dit~~~C P ~ ~l ~ p - ©. -- ~ ~ ~ ~ For A ditional I f ti -~ '"' ''~"~9~-~ n orma on {~ilta SeC:aL•Sjr Ot Ih0 Contact: i ' r ty o; Furl C .~ o:th, Texc~.+ Joe Bilardi 8901 -~~~ Printed on recycled paper