HomeMy WebLinkAboutOrdinance 5756;.D
AN ORDINANCE AMENDING ORDINANCE NO. 3011, BEING AN ORDINANCE TO REGULATE AND TO RESTRICT THE
LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCES, OR OTHER
PURPOSES; THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDING; AND OTHER STRUCTURES: THE SIZE
OF YARDS AND OTHER OPEN SPACES; OFF- STREET PARKING AND LOADING AND THE DENSITY OF POPULATION;
AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA
AS MAY BE DEEMED BEST BY FIXING DEFINITE USES OF THE BUILDINGS HEREINAFTER ERECTED IN SAID
DESCRIBED AREAS FROM THE USES AS SHOWN ON THE MAPS CONTAINED IN SAID ORDINANCE NO. 3011; PRE-
SCRIBING A SAVINGS CLAUSE; PROVIDING A FINE OF NOT LESS THAN $5.00 NOR MORE THAN $200.00 FOR
EACH OFFENSE, AND THAT EACH DAY THAT A VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A
SEPARATE OFFENSE; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION I
That Ordinance No. 3011, Section 1, Definitions 26, 275 39A and 39B be and the same are
hereby amended so that the same shall hereafter be and read as follows:
"Section 1. Definitions
26. Hotel: One or more buildings containing individual living or sleeping units
specially designed as temporary quarters for transient guests, including
provisions for meals and personal services. A hotel includes a tourist hotel,
a motor hotel and a motel, but does not include an apartment hotel.
27. Hotel, Tourist: See Definition 26, Hotel
39 -A. Motel: See Definition 26, Hotel.
39 -8. Motor Hotel: See Definition 26, Hotel."
SECTION II
That Ordinance No. 3011, Section 2, be and the same is hereby amen fs t s e
shall hereafter be and read as follows:
"Section 2. Districts
(a) In order to regulate and restrict the location of trades and industries and the
location of buildings erected, reconstructed, altered or enlarged for specified
uses, to regulate and restrict the height and bulk of buildings hereinafter
erected, reconstructed, altered or enlarged, to regulate and determine the area
of yards and other open spaces and to regulate and limit the density of population,
the City of Fort Worth is hereby divided into districts, of which there shall be
seventeen (17) which are grouped in classes for convenience of reference as
follows:
Class I - Special Purpose
1. "AG" Agricultural District or District "AG"
2. "CF" Community Facilities District or District "CF"
Class 1I - Residential
3. "A" One Family District or District "A"
4. "B" Two Family District or District ° "BE"
5. "C -R" Restricted Apartment District or District "C -R"
6. "C" Apartment District or District " "C",
7. "D" Apartment District or District "D"
Class III - Commercial
8. "E-R" Restricted Commercial District or District "E-R"
9. "EP" planned Commercial District or District "E-P"
lO. "E" Commercial District or District "E"
ll, "F-R" Restricted Commercial District or District "F-8"
12. "F" Commercial District or District "F"
13. "G" Commercial District or District "G"
14. "H" Business District or District "H"
Class IV - Industrial
15. "I" Light Industrial District or District "l"
16. "J" Light Industrial District or District "J"
17. "K" Heavy Industrial District or District "K"
The term "more restricted district" means one with fewer permitted uses and
the term "less restricted district" means one with more permitted uses.
(b) The districts aforesaid and the boundaries of such districts are shown upon
the map attached hereto and made a part of this ordinance, being designated
as the "District Maps" and said maps and all the notations, references and
other information shown thereon shall be as much a part of this ordinance as
if the mutters and information set forth by said map were all fully described
herein.
(c) Except as specifically authorized to the contrary in this Ordinance the follow-
ing regulations shall apply in all districts:
l) No building shall be erected, reconstructed, altered or enlarged
nor shall any building or land be used for any purpose other than
is permitted in the district in which such building or land is
located.
2) No building shall be erected, reconstructed, altered or enlarged,
to exceed the height or bulk limit herein established for the district
in which such building is located.
3) No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this ordinance, nor
shall the density of population be increased in any manner except in
conformity with the area regulations herein established.
4) No building permit shall be issued
for any structure on a lot composed
of a lot, or a lot and a fractional
part of any adjoining lot, or the
fractional part of two adjoining lots,
unless the lot or lots involved
have been defined, delineated or described
by an instrument recorded
in the Tarrant County Deed Records
in accordance with Article 974a°
Revised Civil Statutes of Texas, and
the lot fronts upon a legally
established street.
5) No building permit shall be issued
for a dwelling on a lot composed of
a lot and a fractional part of any
adjoining lot, or upon the fractional
parts uf two adjoining lots, unless
said lots appear upon an instrument
recorded in the Tarrant County Deed
Records, and the resulting lot or
tract has a street frontage of not
leas than minty (60) feet.
6) No building permit shall be issued for the erection placing of a
dwelling on u lot with a street frontage of less than sixty (80) feet
unless the lot consists of one or more full lots of record as defined
in this ordinance.
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7) No yard or other space provided about any building for the
purpose of complying with the provisions of these regulations
shall be considered as providing a yard or open space for any
other building; provided further that no yard or open space on
an adjoining property shall be considered as providing a yard or
open space on a lot whereon a building is to be erected.
8) Every building hereafter erected shall be located on a lot as
herein defined and in no case shall there be more than one (|)
building on one (/) lot, except as hereinafter provided
(See Section 20.)"
SECTION III
That Ordinance No, 3011 be and the same is hereby amended by adding Section 2B thereto,
so that the same shall hereafter be and read as follows:
"Section 28, "CF" Community Facilities District
The "CF" Community Facilities District is created as a district to accommodate those
institutional and related uses which are established in response to the health,
safety, educational and welfare needs of a neighborhood, community or major sector
of the city.
8'. Use Regulations.
In the "CF" Community Facilities 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.
l. Principal Uses.
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g) Health service facilities: clinics, offices of dentists, doctors
and other practitioners of the healing arts licensed or similarly
recognized under the laws of the State of Texas; offices for
specialists in supportive health service fields such as physical,
audio and speech therapy, podiatr�v and psychological testing and
counseling-, dental, medical and optical laboratories and blood
banks; ambulance dispatch stations, prescription pharmacies; and
offices, stores and display rooms for the sale and rental of
medical supplies and equipment.
h) Public safety facilities; Civil Defense Operational Centers,
Police and Fire Stations and training facilities.
i) Post offices and other governmental uses not otherwise permitted.
j) Religious institutions, churches and facilities for related
activities including those of worship, fellowship and education.
2. Accessory Uses.
The following uses may be established only in conjunction with a "CF"
principal use upon compliance with the provisions of Sub-section *,
below.
a) Auxiliary parking subject to the requirement of Section 19° A.12,
or the Zoning Ordinance.
3' Special Exception Uses. The following es may be established only when
authorized by the Board of Adjustment under the provisions of Section 20.
a) Utility buildings and structures; power sub-stations, water tanks
and reservoirs, water and sewage treatment plants.
b) Helistop for loading and unloading of passengers and air express,
c) Greenhouse and Plant Nursery. Conditions: When operated for
commercial purposes, including the sale of plant material, includes
incidental sale of materials and products intended chiefly for use
in connection with home gardening activities.
d) Riding stable, ridixg hall, horse track.
B. Development Controls
It is intended by these regulations that development in the "CF" Community
Facilities District shall be compatible with development in the districts
which it adjoins.
l. Height and Area: The height and area regulations of the contiguous
district which has the most permissive height and area regulations
shall govern.
8. Parking: The parking requinawntn of Section 19 shell apply to all
uses establ1mhed in the "CF" District.
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3. Si Identification signs shall be permitted subject to the
following provisions:
a) Signs shall be permitted to identify the use or uses of the
property upon which displayed.
b) X sign or combination of signs shall have a maximum allowable area
of exposure along 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, a minimum of at }east one sign
shall be allowed having an area of twelve (12) square feet.
c) Signs may be illuminated but the source of light shall not be visible
and shall not be intermittent or flashing; revolving signs shall not
be permitted.
d} Not more than fifty per cent (50%) of the total allowable sign area
may be .located in the required yard space along a dedicated street.
However, no individual sign in such required yard space shall
exceed twenty (20) square feet in sign area.
e) Symbols which are designed as an integral part of the building
structure, and symbols and signs which are not visible or readable
from the public street shall not be limited by the above regulations.
4. Site: The site for any use permitted in the "CF" District may be composed
of one or more parcels of land whether or not the same are contiguous or
separated by a dedicated right-of-way. No permit shall be issued for any
construction or to establish a use on any site unless the same is iden-
tified in an approved subdivision filed in the Tarrant County Plat Records."
SECTION IV
That Ordinance No' 3011 Section 3 , 4° 5, ll° 12 and 13 be and the same
are hereby amended so that the same shall hereafter be and read as follows:
"Section 3. "A" One-Family District
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Use Regulations
2. Church, when the site development plan has been approved by the Board
of Adjustment in accordance with the general standards for special
exceptions contained in Section .20.
3. Public elementary and secondary school.
4. Libraries, museums, parks, playgrounds, community centers and governmental
facilities and field offices, when operated by or under the control of
the City of Fort Worth or other governmental jurisdiction.
5. Golf course (except commercially operated miniature golf course and
ommnerc1ally operated driving range).
*+^
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SECTION V
That Ordinance No. 3011, Section 4, paragraphs 0^ 7 and 8be and the same are hereby
amended so that the same shall hereafter be and read as follows:
"Section 4, "8" Two-Family District
Use Regulations.
G. A three or four family dwelling as a transitional use subject to the
provisions of Section 20.
7. Special exception uses when authorized by the Board :F Adjustment under
the provisions of Section 20.
8. Unified residential development when authorized by the Board of Adjustment
under the provisions of Section 20, subject to the performance standards
specified in Section 18 (f),
**^"
SECTION lFa
That Ordinance No. 30ll°Section 5, paragraphs 2, 3^7 and 8be and the same are hereby
amended so that the same shall hereafter be and read as follows:
"Section 5. "C-R" Restricted Apartment District.
Use Regulations
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2. Three- or four-family dwellings
3. A multi-family dwelling as a transitional use subject to the provisions of
Section 20.
7, Special exception uses when authorized by the Board of Adjustment under the
provisions of Section 20.
8, Unified residential development subject to the requirements of Section 18 (f).
W051131M
4. Apartment Hotel
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6. Hotel, when located on a site which has frontage on a federal or state
designated highway. Incidental business may be conducted within the hotel
provided that the principal entrance to the business shall be from the
inside of the building. A secondary entrance to the business may be pro-
vided from the highway frontage, but from no other street, or from a court,
but shall not face any other residential class property. Signs shall be
permitted subject to the following provisions:
a) Signs shall be permitted tm identify the use nruses of the property
upon which displayed.
b) 8 sign or combination of signs shall have a maximum allowable area of
exposure along each dedicated street frontage of not more than one
square font of sign area for each ten linear feet of frontage along
said street.
c) Signs may he illuminated but the source of light shall not be visible
and shall not be intermittent or flashing; revolving signs shall not
be permitted.
***
lO' Special exception uses when authorized by the Board of Adjustment under the
provisions of Section 20.
***"
SECTION VIII
That Ordinance No. 30l>^ Section 7° paragraphs 2 and 5be and the same are hereby amended
so that the same shall hereafter be and read as follows:
"Section 7. "D" Apartment District
Use Regulations
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2. Day Nursery and Kindergarten
5. Special exception uses when authorized by the Board of Adjustment under the
provisions of Section 20
SECTION IX
That Ordinance No, 301}, Secbon 0, paragraphs 7 and lS be and the same are hereby amended
so that the same shall hereatter be and read as follows:
"Section 8. "E-R" Restricted Commercial District
Use Regulatiors
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v
15. Special exception uses when authorized by the Board of Adjustment under
provisions of Section 20.
**+"
That Ordinance No. 3011, Section 9 34 and 43be and the same are hereby
amended so that the some shall hereafter be and read as follows:
"Section 9. "E" Commercial District
HOLESMOM
32. Golf course including miniature course, driving tee, driving range, and
"Pitch 'n' Putt" course.
34. Museum, library, fine art center, and similar cultural facilities
**^
43, Special exception uses when authorized by the Board of Adjustment under the
provisions of Section 20.
*+^,
SECTION XI
That Ordinance No. 3011, Section 9A, paragraphs 5, lG° 17 and 18 be and the same are hereby
amended so that the same shall hereafter be and read as follows:
"Section 9A. "F-R" Restricted Commercial District
Use Regulations
5. Medical care facilities: nursing and care homes; hospitals with their
related facilities and sunDortive retail and personal service uses
operated by or under the control of the hospital primarily for the
convenience of patients, staff and visitors.
**�" -8-
That Ordinance No. 30ll, Section 0 paragraphs b,7 and 8be and the same are hereby
amended so that the same shall hereafter be and read as follows:
"Section 10. "F" Commercial District
Use Regulations
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6. Trailer Park when in compliance with the following performance standards-
a) Not less than nine (90%) of the total fully developed and
usable spaces shall be designed for and occupied by dependent mobile
homes.
b) Not more than ton per cent ((O%) of the total fully developed and
usable spaces may be designed for and occupied by independent mobile
homes.
c) The terms "Dependent" "Independent" have the meanings ascribed to
them in the City of Fort Worth Health Code.
7. Mobile Home Park.
a) There shall be not less than thirty (30) mobile home spaces provided
for on the approved site. Not more than ten per cent (78%) of the
spaces shall be designed to accommodate recreation (dependent) trailers.
b) The installation shall comply with the regulations of the City of Fort
Worth Health Code.
c) The terms "Dependent" and "Independent" have the meanings ascribed to
them in the City of Fort Worth Health Code.
d) The yards and lot area per family regulations of the district shall apply.
8. Special exception uses when authorized by the Board of Adjustment under the
provisions of Section 20.
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SECTION XlII
That Ordinance No. 3011" Section 16 be and the same is hereby amended mm that the same shall
hereafter be and read as follows:
"Section 16. Accessory Uses.
(a) No private driveway or walk on private property in Districts "8" or °B" shall
provide access to Districts "C" through "K".
(b) Buildings or structures or uses which are accessory to the uses permitted in one ,
district shall not be permitted in a district of m more restrictive cluasificatimn.
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That Ordinance Nu. 3011, Section 18 be and the same is hereby amended so that the same
shall hereafter be and read as follows:
"Section lQ. Modifications to District Regulations
The foregoing height and area requirements in the various districts shall be subject
to the following exceptions and regulations:
(a) In the Districts "A" through "F" the height of a building may be increased
when the front, side and rear yard dimensions are each increased above the
minimum requirements by one foot for each foot such building exceeds the
height limit of the district is which it is located.
(b) On thrmugh lots one hundred and fifty (150) feet or less in depth the height
of ' a building may be measured from the curb level on either street. On
through lots more than one hundred and fifty (lSO) feet in depth the height
regulations and basis of helight measurements for the street permitting the
' greater height shall apply to a depth of not more than one hundred and fifty
(lSO) feet from that street.
(c) Nothing in this ordinance shall interfere with limitation on height of struc-
tures included in airport zoning regulations.
(d) A unified residential development consisting of two or more principal buildings
together with their accessory buildings and uses shall be permitted subject to
the following conditions and requirements:
l) In Districts "A" and "B" authorized by the Board of Adjustment only when
under the provisions of Section 20, or
2) In Districts "C-Q", "C"° "D", "E-R", "E", "F-R", "F"^ "G"^ "I" and "J"
only but without the necessity of Board of Adjustment approval; and
3) Requirements:
a) The total number of dwelling units shall not exceed the number of
dwelling units allowedjn the district.
b) The height, yard and open space regulations of the District shall be
applied to all buildings unless otherwise permitted in Section lQ (a)"
provided however, that accessory buildings to a unified residential
development when not used as living quarters, may be constructed to
a height not to exceed the height of the dominant principal building,
or twenty-five feet, whichever is less.
c) The coverage limitations of the district shall be applied only to
detached accessory buildings.
d) Where outside entrances to individual dwelling units are provided,
no such dwelling unit need front upon a dedicated street.
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e) Emergency access shall be provided to each principal building by:
l) A street or public alley; or by
2) A private way, alley, or paved place, delineated on an
approved subdivision plat conforming to the requirements
of Article 974a, Revised Civil Statutes of Texas.
Access may also be provided by an me ency access easement approved
by the City Plan Commission and recorded in the Tarrant County Deed
Records, provided that where access 1s not available by a street,
alley, place or recorded easement; and recorded easement access is
planned, construction permits may be issued and construction may
proceed but certificate of occupancy shall not be issued until the
required emergency access easements are approved by the City Plan
Commission and filed for record in the Tarrant County Deed Records.
Emergency access easements shall be not less than 20 feet in width,
the boundaries shall be distinctly and permanently marked on the
ground and the entrances shall be permanently marked by signs not
less than two (2) square feet nor more than four (4) square feet
in face area.
(e) l) In computing the depth of rear yard` for building where such yard abuts
on an alley ,
one-half (112) of such alley may be assumed to be a portion of
the rear yard.
2) No rear yard shall be required in Districts "E-R" to "K" inclusive on any
lot used for business or industrial purposes, the rear line of which adjoins
a railway right-of-way or which has a rear railway track connection.
3) In Districts "A", "B", "C-R", "C" and "D" an accessory building may occupy
not more than forty (40) per cent of the rear yard and shall be one (l)
story and shall not exceed eighteen (18) feet in height, and in Districts
"8" and "B" the combined fluor area of all accessory buildings on a lot
shall not exceed fifty (50) per cent of the ground floor area of the
principal structure, exclusive of breezeways, porches and attached garages,
providing, however, that this regulation shall not be so interpreted as to
reduce the permitted combined area of all accessory buildings on one lot
to less than six hundred (600) square feet. ln the case of reversed
frontage/ no accessory building shall be erected closer than five (5) feet
to the line of the abuttinn lot to the rear. Detached accessory buildings
located in the rear yard, or required rear yard of a corner lot shall be
five (5) feet from the street line in Districts "A", "8", "C-R"° "C" and
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3) Open fire escapes, fireproof outside stairways, and balconies roject
into a side or rear yard, or court, not more than three and one-half
(3 1/2) feet, and the ordinary projections of chimneys, flues and bay
windows may be permitted to project not more than eighteen (18) inches
into a yard, provided that in a side yard their width parallel to the
side line of the lot shall not exceed ten (10) feet.
(g) Where lots comprising forty ( ) per cent or more of the frontage side
of a street between intersecting streets are developed with buildings having
an average front yard with a variation of not more than ten (10) feet the
front yard shall be the average front yard as established by such existing
buildings and no building hereafter erected or altered shall project beyond
the front yard line so established, provided that this regulation shall not
be so interpreted,as to require a front yard of more than fifty (50) feet;
provided, further, that where a recorded plat has been filed establishing
front yard requirements which are of equal or greater depth than the minimum
depth required by this ordinance, any main building may be built to those
established front yard requirements.
(h) Where an official line has been established for future widening or opening of
a street upon which a lot abuts, then the width of a yard shall be measured
from such official line to the nearest line of the building. No commercial
or industrial building shall be located closer than thirty (30) feet to the
center line of a street.
(i) l) The front and side yard requirements for dwellings shall be waived where
dwellings are erected above conforming commercial or business structures.
2) For any building used jointly for business and dwelling
commercial and dwelling purposes, the number of families permitted by the
lot area requirements per family shall be reduced in the same proportion
as the floor area devoted to business or commercial bears to the nxu/e
floor area of the building, provided that floor area below the first floor
of such building shall not be included in any calculation under this
provision.
(j) A terrace garage in District "A", "B", "C-R", "C" or "D" may be located in a
front or side yard" provided that it is completely recessed into the terrace`
and that the height of the terrace is sufficient to cover and conceal the
structure from above, and further provided that the doors when open, shall
not project beyond the property line, and that the structure be set back at
least five (5) feet from any property line.
(k) For any building providing jointly for hotel and apartment house uses, the
number uf families permitted in apartments the lot area requirements per
family shall be reduced in the same proportion as the total floor area
devoted to both uses."
SECTION XV
That Ordinance No. 3811° Section lQ, Subsection D 4, 5, 33 and 24 be and the
same are hereby amended so that the same shall hereafter be and read as follows:
"Section 19. Off-street parking and loading regulations.
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B. Specific Requirements
Hotels: For all hotels, hereafter erected, reconstructed, or enlarged
so as to require additional parking spaces, except in district "H"°
permanent provision shall be made for off-street parking of motor passenger
vehicles for the use of occupants, visitors, guests and employees, either
on the premises or as specified in Section 19A 12, preceding. Such
parking shall provide one space for each bedroom unit, plus one additional
space for each four patron seats in rooms open to the non-resident public,
plus one space per 200 square feet of display or ballroom area.
5, Day Nurseries and Kindergartens: For all day nurseries and kindergartens
hereafter erected, reconstructed or enlarged so as to require additional'
parking spaces, except in District "H", permanent provision shall be made
for off street parking-.of motor passenger vehicles. Such parking shall
prn de, bao.of the front om/mng line, one permanent space for the
facility, plus one additional space for each ten children for which the
facility is licensed by the State.
23. Mobile Humes: For each mobile home hereafter occupied as dwelling units
there shall be a minimum of two off street parking spaces furnished on
premises. Such spaces shall be hard surfaced and dust free.
24, Recreation Trailers: For each recreation trailer hereafter occupied as a
temporary sleeping unit and located in a trailer park there shall be a
minimum of one off street parking space furnished on the premises, Such
spaces shall be hard surfaced and dust free.
**+"
SECTION XVI
That Ordinance Mo, 3011, Section 20 be and the same is hereby amended so that the same
created shall hereafter be and read as follows:
"Section 20. Board of Adjustment
A. Organization of the Board
1. Creation and Appointment
There is hereby a Board of Adjustment of the City of Fort Worth
Texas, to be composed of five (5) members and two (2) alternate members
who shall be qualified electors of the City of Fort Worth. It is the
declared policy that the City Council will consider for appointment to
the Board of Adjustment only those persons who have demonstrated their
civic interest, general knowledge of the community, independent judgment,
understanding of zoning and planning and availability to prepare for and
attend meetings. Preference will be given, where feasible, to appointees
who possess knowledge or background in one of the following fields:
I. Law
2. Property Developwent
3. Building Design
4. Mortgaging and Financing
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2. Terms of Office
The terms nf all Board members appointed under the provisions ufOrdinance
Mu, 3011 shall terminate upon the adoption of this ordinance and the
City Council shall appoint five (5) members �nd
two (2) alternate members of the Board three of whom, -including one
alternate, shall be designated by the Board to serve a term ending on
October 31, 1968 and four of whom, including one alternate, shall be
designated by the Board to serve a term ending October 31, 7967, and
shall report same to the City Council. Thereafter the terms of four of
the members shall expire on October 31 of each odd numbered year and the
terms of three of the members shall 'expire on October 31 of each even
numbered year. The members of the Board shall be identified by place
numbers one (l) through seven (7). The odd-numbered places shall expire
in the odd-numbered years and the even numbered places shall expire in
the even-numbered years. Board members may be appointed to succeed
themselves. Vacancies shall be filled for unexpired terms but no member
shall be appointed for a term in excess of two years.
3. Organization
The Board shall hold an organizational meeting in November of each even
numbered year and shall elect a chairman and vice-chairman from among its
members before proceeding to any other matters of business. The Planning
Director of the City of Fort North, or his designated representative, shall
be the secretary of the Board. The Board shall meet regularly and shall
designate the time and place of its meetings. The Board shall adopt its
own rules of procedure and keep a record of its proceedings in accordance
with the state statutes and this ordinance and the charter of the City of
Fort Worth. Newly appointed members shall be installed at the first
regular meeting after their appointment.
4. Meetings and Quorum
Four (4) members of the Board shall constitute a quorum for the conduct of
business, the members of the Board shall regularly attend meetings and
public hearings of the Board and shall serve without compensation, except
for reimbursement for authorized expenses attendant to the performance
of their duties.
5. Review of Zoning Needs
The Board shall rme.d with respect to requestsJor variance
based on practical difficulty and unnecessary hardship and shall recommend
to the City Plan Commission and Zoning Commission when, in its opinion,
requests for variances indicate a need for possible general zoning changes
through the established legislative procedure.
6. Staff Responsibility
The Planning Director and his designated representatives shall be the
regular technical advisors to the Board.
7. Attendance Reports
Each month a report shall be submitted to the City Council showing the
cumulative attendance of each member with a notation of members who have
been absent on three (3) consecutive meetings, and a notation of the non-
availability of alternate members to attend meetings for which called.
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B. Duties and Powers of the Board
The Board of Adjustment shall have the powers and exercise the duties of
Board in accordance with Article lUllg, Revised Civil Statutes of Texas.
Board members are representatives of the City and shall have the right of
inspection of premises where required in the discharge of their responsi-
bilities under the laws of the State of Texas and the ordinances of the City
of Fort Worth. The Boards Jurisdiction shall extend to and include the
hearing and deciding of the following types of appeals and applications and
to that end shall have the necessary authority to insure continuing compliance
with its decisions,
l. Interpretation: To render an interpretation of those,provisions of the
Zoning " Ordinance where it is "..=g~. that there ~ is error in any order,
requirement, decision or determination made by any official in the
administration of such provisions. In reaching its decision the Board
shall establish firm guidelines for future administrative actions on
like matters.
2. Special Exception: To decide upon those applications for a special exception
when such use or development is specifically authorized under the Zoning
Ordinance subject to the approval of the Board. In reaching its decision
the Board shall determine that the requested exception will establish only
those uses permitted under the ordinance; that the location of proposed
activities and improvements are clearly defined on the site plan filed
by the applicant; that the exception will be wholly compatible with the
use and permitted development of adjacent properties either as filed or
subject to such requirements as the Board finds Co be necessary to protect
and maintain the stability of adjacent properties.
Variance: To authorize upon appeal in specific cases such variance from
the terms of the Zoning Ordinance as will not be contrary to the public
interest. In reaching its decision the Board shall determine that a
literal enforcement of the regulations will create an unnecessary hardship
or practical difficulty in the development of the affected property; that
the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self-imposed; that the relief
sought will not injure the permitted use of adjacent conforming property;
and that the granting of the variance will be in harmony with the spirit
and purposes of the Zoning Ordinance. Any variance granted under the
above powers of the Board shall terminate automatically:
a) When the period of use specified in the Board's order has expired, or
b) When the use ceases to be in full compliance with any condition
imposed by the Board.
C. Authorized Special Exceptions
The following special ��r����t�B��, int��st�o�
specified, subject ' to full and complete compliance with any and all conditions
listed, together with such other conditions as the Board may impose.
DISTRICTS REQUIRING
SPECIAL EXCEPTION BOARD APPROVAL
1. Aviation field, airport or aircraft landing area All
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3. Cemetery, mausoleum or crematory for the disposal All except "AG"
of human dead
4. Split-zoned lots, extension of use. All except "AG"
Conditions: Extension of a use to the lot line or for a
distance of not more than lDO feet where the boundary
lime of a district divides a lot held in single owner-
ship October l, 1940, or divides a lot held in single
ownership as of the date of subsequent annexation of
said lot.
S. Sanitary land fill
All except "CF"
h. Temporary construction, sales, storage, fabrication and All except "CF"
office buildings. '
Conditions: Must be incidental to non-commercial develop-
ments and limited to a time fixed by the Board.
7. Water supply, treatment and storage facilities All except."AU"
8.
Shooting range
All
except
"AG",
"[",
"J", "K"
9.
Outdoor commercial amusement enterprises
All
except
"AG,",
"I",
"J", "K"
lO.
Radio, television, micro-wave broadcast, relay,
All
except
"CF"
receiving towers and transmission and re-transmission
"[^,
"J", "K"
facilities.
Conditions: Subject to such safeguards as the Board may
require.
ll.
Riding stable, riding hall, horse track
All
except
"I",
"J" "K"
12.
Greenhouse and plant nursery.
Only
in "AG",
"A"
. ^
Conditions: When operated for commercial purposes, and
"8" ,
"CR" ^
"C",
including the sale of plant material, and the incidental
"D",
"ER" ^
"EP
sale of materials and products intended chiefly for use
in connection with home gardening activities.
13.
Transitional Uses: The modification of density regulatiuns.
Only
in "A°,
"D",
Conditions: When the Board finds that the side of a lot abuts
"CR"
a lot on which is located a conforming multi-family,
commercial or industrial use.
14.
Day nursery and kindergarten
Only
in "A",
''8",
Conditions:
"CR',
"C«
l) Penn1ts shall be for a lindtmd period of tirw to be
specified by the Board, but not to exceed five yemrx.
Upon application, time may be extended for successive
periods of five years or less, provided that there shall
be new notice and hearing before each extension.
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3) Outdoor play area of not less than 100 square feet shall
be furnished for each child authorized by state license
to be cared for on the premises. Such play area shall be
located in the side or rear yards 'and shall be completely
enclosed by a fence or wall. When the Board finds that
additional fencing or screening is necessary or desirable
to protect the children cared for and the adjacent pro-
perties it shall require such fencing or screening as a
condition of approval.
4) Off street parking shall be furnished in the minimum
amounts required in Section 19 B 5.
15 '
Community Recreation or Welfare Center
Only
in "A,
"B"
"CR .,
.0 .,
� D ., :ER "
lO.
.
Auxiliary Parking.
Only
in "A",
"B " ,
Conditions: Subject to the provisions of Section
"CR""
"C",
"D" '
19-Ar12 of the Zoning Ordinance
17.
Unified residential development
Only
in "A"
and "8"
Conditions: Subject to the provisions in Section lD (d) of
the Zoning Ordinance
18.
Golf-driving range
Only
in "O""
"ER"
"EP"
�"E"
19.
Drive-In Theatre
`
Only
in "E",
"FR"
"F"^
"G", "H"
20.
Mo bile Home Pork
Only
in "8",
"C"
Conditions:
"D",
"E-R^,
"E", "F-R"
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b) A sign or combination of signs hall have a maximum allowable
area of exposure along each dedicated street frontage of
not more than one square foot of sign area for each ten
linear feet of frontage along said street.
c) Signs may be illuminated but the source of light shall not be
visible and shall not be intermittent or flashing; revolving
signs shall not be permitted."
SECTION XVII
That Ordinance Nu. 301^ Section 25 be and the same is hereby amended so that the same
shall hereafter be and read as follows:
"Section 25. Changes and Amendments
A. General Requirements
1. The City Council of the City of Fort Worth may from time to time amend,
supplement or change, by ordinance, the regulations, restrictions or
boundaries of such districts herein or subsequently established. A public
hearing shall be held by the City Council before adopting any proposed
amendment, supplement or change. Notice of such public hearing shall be
given by publication one (1) time in the official newspaper or a paper of
general circulation in the municipality at least fifteen (15) days before
the time of the hearing.
The City Plan Commission shall regularly review the effectiveness of the
Zoning Ordinance in accomplishing the objectives of the city plan. When
the Plan Commission finds that the development of an area is contrary to
or inconsistent with the planning objective for that area, or that the
frequency of requests indicates a need for broad scale changes, the Plan
Commission shall advise the City Zoning Commission of its conclusions thereon
and may file a proposal to amend, supplement or change the regulations and
the districts in behalf of the community at large. The report of the City
Plan Commission shall be included with the Zoning Commission report to the
City Council. Upon annexation of territory to the City of Fort Worth the
Plan Commission shall prepare a report. recommending the locations and types
of districts to be 'established in said territory, and shall file a copy of
said report with the City Council and with the City Zoning Commission for
public hearing thereon.
Every proposal to amend, supplement or change the regulations or restrictions
of this ordinance, or the boundaries of the zoning districts, shall be filed
on forms provided by the City. Each applicant shall certify that he is or
will be fully prepared at the time of Zoning Comission hearing to make full
Presentation of all pertinent infomatior. supporting his proposal.
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2. Fee Required
Every gplication shall be accompanied by a filing fee of twenty-five dollars
($25,00 plus an additional amount sufficient to defray in part the estimated
cost of legal publication. Such publication fee shall be based upon the
current cost to the City of Fort Worth for advertising in the official newspaper,
except that the cost of one (1) column inch of legal notice publication shall
be included in the base fee of twenty-five dollars ($25.00). Fees may be waived
by the Zoning Commission only on its finding that substantial error to the
applicant has occurred through no fault of the applicant or of his authorized
representative. No fee shall be charged for proposals filed by the City
Plan Commission,'nor for hearings specifically directed by the City Council.
3. Notice
Written notice of all public hearings before the Zoning Commission on proposed
changes in classification shall be sent to owners of real property living
within two hundred (208) feet of the property on which the change in classi-
fication is proposed, such notice to be given, not less than ten (lO) days
before the date set for hearing, to all' such owners who have rendered their
said property for city taxes as the ownership appears on the last approved
City Tax Roll. Such notice may be served by depositing the same, properly
addressed and postage paid, in the United States Mail' Where property
lying within two hundred (200) feet of the property proposed to be changed
is located in territory which was annexed to the City after the final date
for making the renditions which are included on the last approved City Tux
Roll, notice to such owners shall be given by publication in the manner
provided in Article 1011f, Revised Civil Statutes of Texas,
4, Hearing
Conduct of public hearings shall be in accordance with the adopted rules of
procedure of the Zoning Commission. The Zoning Commission is charged with
recommending appropriate zoning classifications and provisions; therefore,
all parties speakinO at a public hear1ng shall be directed to address them-
selves to both of the following questions:
a) Why is the present regulation " Right or Wrong?" and
b) Why is the proposed new regulation "Right or Wrong?"
After closing of the public hearing on a proposal the Zoning Comm1ssion shall
transmit to the City Council its recommendation on sajd proposal stating its
findings and conclusions on the following three areas of consideration:
a) The applicant's basis for making the request,
b) The probable effect of the proposal on other properties if the requested
change were approved, and
o) The overall impact of the proposed cbahge on the orderly development of
the City-
~ 19 ~
C. City Council
Proposal Recommended for Approval
Every proposal which is recommended favorably by the Zoning Commission
shall be forwarded to the City Council for setting and holding of public
hearing thereon. No change, however, shall become effective until after the
adoption of an ordinance for same and its publication as required by law.
2^ Proposal Recommended for Denial
When the Zoning Commission determines that a proposal should be denied it
shall so report and recommend to the City Council. No hearing shall be set
on the proposal until and unless the City Council has reviewed the recommen-
dations of the Zoning Commission" has considered any appeal, as provided
below, and has adopted a motion setting the matter for hearing.
3. Appeal Procedure
An appeal from the decision of the Zoning Commission may be taken whenever
any party in interest is aggrieved by the action of the Commission on a
specific proposal. Such appeal shall show that the Commission either has
been prejudiced in its deliberation, or (2) has not been given the opportunity
to consider certain information because it could not have been made available
to the Commission at the time of its public hearing. The following procedure
shall be required.
a) The aggrieved party shall reduce his appeal to writing tati speci-
fically how, in his opinion, the Commission committed error. He shall
file his l with the Planning t within ten (10) days
following the Commission action. The Planning Department shall forward
the appeal to the City Council with the regular report of Commission
action on the subject proposal.
b) Upon receipt of written appeal the City Council shall determine whether
or not the Zoning Commission committed error. If the City Council
concludes that certain previously unavilable information should be
considered by the Commission it may refer the original proposal and
the appeal for a new hearing and a report and recommendation. If the
City Council concludes that Commission prejudice prevents a fair hearing
or recommendation the City Council may schedule its own hearing on the
original proposal and recommendation.
D. Limitation on Re�applications
The zoning regulations and districts, as herein established, have been made in accordance with
the comprehensive plan for the purpose of promoting health, safety, morals and the general
Welfare of the communiLy. They have been designed to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; to provide adequate light and air;
to prevent overcrowding of land; to avoid undue concentration of population; to facilitate
the adequate provisions of transportation, water, sewerage, parks and other public require-
ments. They have been made after a full and complete public hearing with reasonable considera-
tion among other things, of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of buildings and encouraging the
most appropriate use of land throughout the community.
SECTION 3
This ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 4
Should any section, clause or provision of this ordinance be declared by the court to be in-
valid, the same shall not affect the validity of the ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
SECTION 5.
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 he fined
not less than Five and Mu/lOO Dollars ($5.00) nor more than Two Hundred and No/100 Dollars
($280.00) for each offense. Each day that a violation is permitted to exist shall constitute
SECTION a separate offense.
This ondinance will take effect and be in full force and effect from and afterjts passage
and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
AT TOR —NEY
Adooted —1,
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