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HomeMy WebLinkAboutOrdinance 9123~~ ~~ ~~ r - ' c /~ a /~ //~eI t~P ~~ ~ ws IIYJ///J• ` l~ ORDINANCE NO. ~/~ AN ORDINANCE AMENDING ORDINANCE1N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, BY REVISING SECTION 7A, "D-HR1" MULTI-FAMILY HIGH RISE DISTRICT REGARDING YARD SETBACKS; BY REVISING SECTION 7B, "D-HR2" MULTI-FAMILY HIGH RISE DISTRICT RE- GARDING YARD SETBACKS; BY REVISING SECTION 16A, "UNIFIED RESIDENTIAL DEVELOPMENT PROVISIONS", REGARDING HEIGHT AND YARD REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 3011, as amended, be amended by revising Paragraph B, "Height and Area Regulations", of Section 7A, "D-H R1" Multi-Family High Rise District, to read as follows: "B. Height and Area Regulations: 1. Except for residential uses, those uses speci- fied in Paragraph A above shall conform to the following regulations: a) Hei ht: Maximum of one hundred forty-four 144 feet, except in accordance with the provisions of Section 18.A.1. b) Front Yard: Minimum of twenty (20) feet. c) Rear Yard: Minimum of five (5) feet. d) Side Yard: (1) Interior Lot: Minimum of five (5) feet. (2) Corner Lot: Minimum of ten (10) feet adjacent to side street unless front yard setback required. e) Notwithstanding anything contained herein to the contrary, no portion of a building over thirty-five feet in height shall be located closer than one-half (1/2) of its height from the nearest property line of any property zoned 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential; further, all buildings over thirty-five (35) feet in height shall be set back a minimum of twenty-five (25) feet from all property lines. ,~ i V i1t r l f) Width of Lot: Minimum of fifty (50) feet. g) Lot Area: Minimum of five thousand (5000) square feet. h) Lot Coverage: Maximum of 0.50 or fifty (50) percent. 2. Multi-Family Residential Development shall con- form to the provisions outlined in Section 16A - Unified Residential Development Provisions. 3. One and two family dwelling units must comply with the regulations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Section 16A." SECTION 2. That Ordinance No. 3011, as amended, be amended by revising Paragraph B, "Height and Area Regulations", of Section 7B, "D-HR2" Multi-Family High Rise District, to read as follows: "B. Height and Area Regulations; 1. Except for residential uses, those uses speci- fied in Paragraph A above shall conform to the following regulations: a) Height: Maximum of two hundred forty (240) feet, except in accordance with the provi- sions of Section 18.A.1. b) Front Yard: Minimum of twenty (20) feet. c) Rear Yard: Minimum of five (5) feet. d) Side Yard: (1) Interior Lot: Minimum of five (5) feet. (2) Corner Lot: Minimum of ten (10) feet adjacent to side street unless front yard setback required. e) Notwithstanding anything contained herein to the contrary, no portion of a building over thirty-five feet in height shall be located closer than one-half (1/2) of its height from the nearest property line of any property zoned 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential; further, all buildings over thirty-five (35) feet in height shall be set back a minimum of twenty-five (25) feet from all property lines. f) Width of Lot: Minimum of fifty (50) feet. g) Lot Area: Minimum of five thousand (5000) square feet. -2 - .,, ;, I ' h) Lot Coverage: Maximum of 0.50 or fifty (50) percent. 2. Multi-Family Residential Development shall conform to the provisions outlined in Section 16A - Unified Residential Development Provisions. 3. One and two family dwelling units must comply with the regulations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions of Section 16A." SECTION 3. That Ordinance No. 3011, as amended, be amended by revising Paragraph D.l., "Height and Yard Regulations", of Section 16A, "Unified Residential Development Provisions", to read as follows: "1. Height and Yard Regulations: a) Height: The maximum permitted height for buildings or structures in any Unified Residential Development shall be in accor- dance with Table 1 of this section, except as limited by other applicable codes and ordinances. b) Front Yard: There shall be a front yard of not less than ten (10) feet on any portion of the site which has frontage on a public street. The required front yard cannot be paved, except for necessary driveways and must remain as open space. ~ c) Side Yard: No minimum requirements except: (i) There shall be a side yard of not less than ten (10) feet on any side which fronts on a public street; (ii) Structures shall meet the following setbacks on any side which is adja- cent to properties zoned 'A', 'A-R', 'B' or 'R-1': (1) Twenty-five (25) foot setback with greenbelt and a screening fence placed upon the property line; or (2) Forty-seven (47) foot setback with one tier of parking (18') fence clearance space (3'), all with a screening fence located on the property line. Paved driveways are permitted in the side yard. d) Rear Yard: Same as side yard. Paved drive- ways are permitted in the rear yard. -3 - ~~~. e) Notwithstanding anything contained herein to the contrary, no portion of a building over thirty-five ,feet in height shall be located closer than one-half (1/2) of its height from the nearest property line of any property zoned 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential; further, in the 'D-HR1' and 'D-HR2' districts, all buildings over thirty-five (35) feet in height shall be set back a minimum of twenty-five (25) feet from all property lines. Paved driveways are permitted in any set- back area in excess of the minimum front yard requirements of this ordinance. SECTION 4. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964) , 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. SECTION 5. 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 unconstitu- tional 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 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 and such Code shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -4 - q ~ 1. :t9 f, ~ t Q i3 iI ~ SECTION 7. 'X• 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 yard setbacks which have accrued at the time of the effective date of this ordi- nance; and, as to such accrued violations and all pending litiga- tion, 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. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 9. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 3, 6 and 11 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 10. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 3, 6 and 11 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -5- "~ ~' ::~ yj 4 C .~~ .i. ~ r L1 ~ ~ .... r. r' I ~~. SECTION 11. 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: City Attorney Date: ~ "~~~'~~~ ADOPTED: ~~(~-~ EFFECTIVE: -6-