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HomeMy WebLinkAboutOrdinance 8976~. ORDINANCE NO. 9 ~(Q .- .~ AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1964, AS AMENDED, BY ADDING THE "A-R" RESIDENTIAL DISTRICT AND PROVIDING USE AND DEVELOPMENT REGULATIONS THEREFOR; BY RE~~I5ING THE USE AND DEVELOPMENT REGULATIONS IN THE "B" TWO-FAMILY DIS- TRICT; BY REVISING THE USE AND DEVELOPMENT REGULATIONS IN THE "R-1" RESIDENTIAL DISTRICT; INCORPORATING THE "A-R" DEVELOPMENT REGULATIONS IN DISTRICTS "C-R" THROUGH "D-HR2"; RESTRICTING ACCESS FROM DISTRICTS "A-R" AND "R-1" TO DISTRICTS "C-R" THROUGH "K"; PROHIBITING UNIFIED RESIDENTIAL DEVELOPMENT IN THE "A-R" DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION OF THE CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE; 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, is hereby amended by re- wising the "Class II - Residential" districts listed in Section 2, "Districts", Paragraph A, to read as follows: "Class II - Residential 8. 'A' One-Family District or District 'A' 8a. 'A-R' Residential District or District 'A-R' 9. 'B' Two-Family District or District 'B' 9a. 'R-1' Residential District or District 'R-1' 10. 'C-R' Multi-Family District or District 'C-R' 11. 'C' Multi-Family District or District 'C' 12. 'D' Multi-Family District or District 'D' 12a. 'D-HR1' Multi-Family High-Rise District or 'D-HR1' 12b. 'D-HR2' Multi-Family High-Rise District or ' D-HR2 "' 0 .. a SECTION 2: District District That Ordinance No. 3011, as amended, is hereby amended by add- ing Section 3A, "`'A-R' Residential District", said section to read as follows: "SECTION 3A, 'A-R' RESIDENTIAL DISTRICT "It is the purpose of the 'A-R' Residential District to provide a specific zone for the development of detached single-family dwelling units upon lots where such dwelling units are developed on smaller lot areas and. zero yards, including such uses accessory thereto. ~ ~ r "A. Use Regulations: In the 'A-R' Residential District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, except for one or more of the following uses: 1. Any use permitted in the 'A' One-Family District. 2. Special exception uses when authorized by the Board of Adjustment under the provisions of Section 20. 3. Accessory uses and buildings. "B. A driveway or walk shall not provide access for uses in Districts 'C-R' through 'K' when placed upon private property in the 'A-R' District. "C. Height and Area Regulations: Unless the development regulations applicable in the 'A' One-Family District are used, those uses listed in Paragraph A above shall conform to the following development regulations: 1. Height. Maximum thirty-five (35) feet. 2. Front Yard: Minimum of twenty (20) feet. 3. Rear Yard: Minimum five (5) feet. 4. Side Yard: a. Interior Lot - Minimum on one (1) side of ten (10) feet and one (1) zero side yard on the paralleling side. b. Corner Lot - Minimum of ten (10) feet adjacent to side street unless front yard setback is required. 5. Width of Lot: Minimum thirty-five (35) feet. 6. Parking Spaces: Minimum of two (2) off-street parking spaces per dwelling unit. 7. Lot Area Per Dwelling Unit: Minimum of thirty-five hundred 3500 square feet. 8. All lots using the zero yard concept shall be platted or replatted. 9. The first dwelling unit constructed on a lot within a block shall set the zero lot line pattern of yards for the remaining lots within the block." SECTION 3. That Ordinance No. 3011, as amended, is hereby amended by amending Section 4, "'B' Two-Family District", Paragraph A, "Use -2- Regulations", and following such amendment said Paragraph A shall read as follows: "A. Use Regulations "In the 'B' Two-Family District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, except for one or more of the following uses: 1. Any use permitted in the District. 2. A maximum of two (2) dwelling 3. Special exception uses which by the Board of Adjustment ur of Section 20. 'A-R° Residential units. may be authorized ider the provisions 4. Accessory uses and buildings." SECTION 4. That Ordinance No. 3011, as amended, is hereby amended by amending Section 4, "'B' Two-Family District," Paragraph C, "Height and Area Regulations," and following such amendment said Paragraph C shall read as follows: "C. Height and Area Regulations- Attached Dwelling Units "Unless the development regulations app]_icable in the 'A-R' Residential District are used, those uses listed in Paragraph A above shall conform to the de- velopment regulations listed in this paragraph, pro- vided, however, that no more than one detached dwelling may be constructed on a lot or site under this paragraph (see Paragraphs D, E and F below for regulations governing detached dwelling units and zero lot line construction). 1. Height: Maximum thirty-five (35) feet, except in accordance with the provisions of Sec- tion 18.A.1. 2. Front Yard: Minimum of twenty (20) feet; 3. Rear Yard: Minimum of five (5) feet. 4. Side Yard: a) Interior Lot - Minimum five (5) feet. b) Corner Lot - Minimum ten (10) feet adjacent to the side street, unless front yard set- back is required. 5. Width of Lot: Minimum of fifty (50) feet pro- vided that where a lot of record and in separate ownership prior to March 1, 1953, has less width than herein required, this regulation shall not prohibit the erection of a one or two-family dwelling. -3- 6. Lot Area Per Family: a) One-family dwellings - minimum of five thousand (5,000) square feet per family; provided, however, that where a lot has less area than herein required and was of record in separate ownership prior to March 1, 1953, said lot may be occupied by not more than one family; b) Two-family dwellings - minimum of two thousand, five hundred (2,500) square feet per family. In areas not served by sanitary sewer the mini- mum lot area per family shall be subject to the approval of the Director of Public Health, based on the conditions and requirements of septic tanks. 7. Lot Coverage: Maximum 0.50 or fifty (50) per cent." SECTION 5. That Ordinance No. 3011, as amended, is hereby amended by amending Section 4, "'B' Two-Family District," Paragraph D, "Special Area Regulations," and following such amendment said Paragraph D shall read as follows: "D. Height and area regulations - Detached Dwelling Units. Two detached dwelling units may be constructed on a lot or site provided the following regulations are met: 1. Height: Maximum thirty-five (35) feet, except in accordance with the provisions of Sec- tion 18.A.1. 2. Front Yard: Minimum twenty (20) feet. 3. Rear Yard: Minimum of ten (10) feet. 4. Side Yard: a) Interior lot - minimum five (5) feet; b) Corner lot - minimum ten (10) feet adjacent to side street, unless front yard setback is required. 5. Width of Lot: Minimum of fifty ( 50 ) feet. 6. Lot Area: Minimum of seven thousand five hundred (7,500) square feet. 7. Lot Coverage: Maximum 0.50 or fifty (50) per- cent. 8. Ingress and egress shall be made available to both dwelling units located upon the lot or site by paved driveways operating in such a fashion that independent access shall be provided each unit through the installation of separate drive- ways. If one unit is to the rear of the lot -4- behind a second unit, a back-up turn-around shall be provided. A parking space shall be pro- vided adjacent to each unit. 9. A minimum separation of ten (10) feet shall be maintained between units. 10. Landscaping: All yards shall be planted in ground cover except for those areas occupied by building, driveways, sidewalks, flower beds, treewells, and other landscaped areas. SECTION 6. That Ordinance No. 3011, as amended, is hereby amended by amending Section 4A, "'R-1' Residential District", to read as fol- lows: "SECTION 4A, 'R-1' RESIDENTIAL DISTRICT It is the purpose of the 'R-1' Residential District to provide a specific zone for the development of single- family and two-family dwelling units upon lots where such dwelling units are developed on smaller lot areas and zero yards, including such uses accessory thereto. It is also for the purpose of providing for the development of clus- ter homes on unique patterned lots clustered around a common access road or feed from a loop or cul-de-sac. "A. Use Regulations: In the 'R-1' Residential District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, except for one or more of the following uses: 1. Any use permitted in the 'B' Two-Family Dis- trict; 2. Special exception uses when authorized by the Board of Adjustment under the provisions of Section 20; 3. Accessory uses and buildings. "B. A driveway or walk shall not provide access for uses in Districts 'C-R' through 'K' when placed upon private property in the 'R-1' District. "C. Height and Area Regulations Unless the development regulations applicable in the 'B' Two-Family District are used, those uses listed in Paragraph A above shall conform to the following development regulations set forth in this paragraph or in Paragraph D below. 1. Height and Area Regulations for Zero Lot Line Construction - Detached: a) Under this provision one zero side yard and lot width of less than fifty (50) feet may -5- be permitted provided that the following height and area regulations are met: 1. Height: Maximum thirty-five (35) feet. 2. Front Yard: Minimum of five ( 5 ) feet, except that garage must be set back minimum of eighteen (18) feet if re- quired off-street parking is in the front yard. 3. Rear Yard: Minimum five (5) feet. 4. Side Yard: a. Interior Lot - Minimum on one (1) side of ten (10) feet and one (1) zero side yard on the paralleling side. b. Corner Lot - minimum of ten (10) feet adjacent to side street un- less front yard setback is re- quired. 5. Width of Lot: Minimum twenty-five (25) feet. 6. Parking Spaces: Minimum of two (2) off-street parking spaces per dwelling unit. 7. Lot Area Per Dwelling Unit: Minimum of twenty-five hundred 2500) square feet. 8. All lots using the zero yard concept shall be platted or replatted. 9. The first dwelling unit constructed on a lot within a block shall set the zero lot line pattern of yards for the remaining lots within the block. 10. The maximum number of dwelling units per acre on average shall be thirteen (13) units. 2. Height and Area Regulations for Zero Lot Line Construction-Attached: a) Under this regulation one zero side yard and lot width of less than fifty (50) feet may be permitted provided that the follow- ing height and area regulations are met: 1. Height: Maximum thirty-five (35) feet. 2. Front Yard: Minimum five (5) feet, ex- cept that garage must be set back a minimum of eighteen (18) feet if re- quired off-street parking is in front yard. -6- 3. Rear Yard: Minimum five (5) feet. 4. Side Yard: a. Interior Lot - Minimum on one (1) side of five (5) feet and one (1) zero side yard on an adjacent lot. b. Corner Lot - Minimum ten (10) feet adjacent to the side street unless front yard setback is re- quired. 5. Width of Lot: Minimum of Twenty-five (25) feet. 6. Parking Spaces: Minimum of two (2) off-street parking spaces per dwelling unit. 7. Lot Area Per Dwelling Unit: Minimum of twenty-five hundred 2500) square feet. 8. All lots using the zero yard concept shall be platted or replatted. 9. The first dwelling unit constructed on a lot within a block shall set the zero lot line pattern of yards for the remaining lots within the block. 10. The maximum number of dwelling units per acre on average shall be thirteen (13) units. "D. Special Area Regulations for Cluster Housing for One and Two Family Dwellings: Under this provision, clustering of residential units may be permitted where such units cluster around a common access road or feed from a loop or cul-de-sac and provided that such development shall conform to the following regulations: 1. Such properties are platted showing any of the following: a. Public Streets; b. Private Streets and private access; c. Private open space and open space ease- ments; d. Utility easements; e. Public Parks; f. Pedestrian walkways and bicycle trails; g. Lot, block and addition name. -7- 2. Open Space: The open space, exclusive of paved areas, parking spaces and patios, must be not less than 15°s of the total lot area. 3. Provisions, such as a homeowner's association shall be instituted to provide maintenance for all common open space. 4. Height: Maximum thirty-five (35) feet. 5. Side Yard: Minimum of five (5) feet adjacent to any public street; except at the intersection of two public streets, the setback on both streets shall be ten (10) feet. 6. Ten (10) foot minimum building separation. 7. Minimum of two (2) off-street parking spaces re- quired per dwelling unit. 8. Maximum number of dwelling units per acre on average shall be fifteen (15) units. 9. No more than one residential building may be located on any lot." SECTION 7. That Ordinance No. 3011, as amended, is hereby amended by amending Section 5, "'C-R' Multi-Family District," Paragraph B, Sub- paragraph 3, and following such amendment said Subparagraph 3 shall read as follows: "3. One and two-family dwelling units must meet the regu- lations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Sec- tion 16A." SECTION 8. That Ordinance No. 3011, as amended, is hereby amended by amending Section 6, "'C' Multi-Family District," Paragraph B, Subparagraph 3, and following such amendment said Subparagraph 3 shall read as follows: "3. One and two-family dwelling units must meet the regu- • lations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Sec- tion 16A." -8- SECTION 9. That Ordinance No. 3011, as amended, is hereby amended by amending Section 7, "'D' Multi-Family District," Paragraph B, Subparagraph 3, and following such amendment said Subparagraph 3 shall read as follows: "3. One and two-family dwelling units must meet the regu- lations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Sec- tion 16A." SECTION 10. That Ordinance No. 3011, as amended, is hereby amended by amending Section 7A, "'D-HR1' Multi-Family High-Rise District," Paragraph B, Subparagraph 3, and following such amendment said Subparagraph 3 shall read as follows: "3. One and two-family dwelling units must meet the regu- lations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Sec- tion 16A." SECTION 11. That Ordinance No. 3011, as amended, is hereby amended by amending Section 7B, "'D-HR2' Multi-Family High-Rise District," Paragraph B, Subparagraph 3, and following such amendment said Subparagraph 3 shall read as follows: "3. One and two-family dwelling units must meet the regu- lations of the 'A' One-Family, 'A-R' Residential, 'B' Two-Family or 'R-1' Residential districts or the Unified Residential Development provisions in Sec- tion 16A." SECTION 12. That Ordinance No. 3011, as amended, is hereby amended by amending Section 16, "Accessory Uses," Paragraph A, and following such amendment said Paragraph A shall read as follows: "A. No private driveway or walk on private property in Districts 'A', 'A-R', 'B' or 'R-1' shall provide access to Districts 'C-R' through 'K'." -9- SECTION 13. That Ordinance No. 3011, as amended, is hereby amended by amending Section 16A, "Unified Residential Development Provisions," Paragraph B, Subparagraph 1, and following such amendment said Sub- paragraph 1 shall read as follows: "1. Principal Uses: The Unified Residential Development provisions are designed specifically for multi-family and apartment buildings, to include townhouses, patio houses, zero lot line dwellings, developed, or proposed to be developed, on a tract of land initially under single ownership or unified control (home-owner's associa- tion), as opposed to the usual development of one dwelling on one lot of record, and with commonly owned areas such as emergency access easements, pri- vate drives, recreation areas and open spaces. The Unified Residential Provisions shall be required for any residential use in Districts 'C-R', 'C', 'D', 'D-HR1', 'D-HR2', 'E-R', 'E', 'F-R', 'F' and 'G' (ex- cept one and two-family dwellings) and for mixed uses in Districts 'E-R', 'E', 'F-R', 'F', and 'G'. Unified Residential Development is not permitted in Districts 'A', 'A-R', 'B', 'R-1', 'H', 'I', 'J', 'K', 'AG', 'CF' and 'MH'." SECTION 14. This ordinance shall be cumulative of all ordinances of the City of Fort Worth except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed. SECTION 15. 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 un- constitutional phrase, clause, sentence, paragraph or section. -10- SECTION 16. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the Comprehensive Zoning Ordinance of the City of Fort Worth, Texas, and as to any other ordinances affecting land use which have occurred 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. SECTION 17. The violation of any provision of this ordinance or of the Comprehensive Zoning Ordinance shall be deemed an offense and shall be punishable by a fine not exceeding One Thousand Dollars ($1,000), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance, shall be and is hereby declared to be a separate and distinct offense and punishable as such. SECTION 18. That 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 provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 19. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of the City of Fort Worth, Texas, and by filing the ordi- nance in the ordinance records of said City. -11- „. _ ,~. . ,. f SECTION 20. 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, as authorized by TEX. REV. CIV. STATS., Art. 1176b-1. SECTION 21. This ordinance shall be in full force and effect from and after the date of its passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY: ~~~ City Attorney Date: l~" ~S ~3 ADOPTED: ~~~ IS - ~~ EFFECTIVE: -12-