HomeMy WebLinkAboutOrdinance 3011Nmmm 3021
Z 0 N I N G 0 R D I N A N C E
Of Th e
.0 I T Y OF P 0 R T W 0 R T H
0 0 1
ADOMD BY THE CITY COUNCIL
NOVEMBER 26, 1952
EFFECTIVE JANUARY 1. 1953
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C I T .Y C:.O „U.N.,C .I L
J. R. EWARDS, MAYOR
E. L. BAKER
r GEORGE-B. BENNETT
R. E. COVAN
RAY CROttu DER
F. EEGAR DEEN
L. T.L:ARTIN
ROBERT B. MCKIIvM
M. M. MCKNIGHT
�Ilill MANAGER
VV. 0. JONES
,l
C. L. BARNHART
JACK A. BURGE
STEWART CHESSER
S. GARDNER ENDRESS
HOUSTON P. HUTCHENS
EARL JOHNSON
ZONING COMMISSION
E. MORGAN TOWNSEN
CHAIRMAN
BOARD OF ADJUSTMENT
HERMAN G. COX
CHAIRMAN
A. R. MaCONNELL
DIRECTOR OF PLANNING
HARE & HARE
PLANNING AND ZONING CONSULTANTS
L. G. LARSON
BUILDING COMMISSIONER
— 1 —
JOHN R. LEWIS
W. A. SCHMID, Jr.
HOMER TOMLINSON, Sr.
CLYDE P. WEED
W. GARRETITT MORRIS
J. D. THOMPSON
I N D E X
Section Page
'Number Number
1
Definitions. . . . . . . . . . . . . . . . . . . .
4
2
Districts . . . . . . . . . . . . . . . . . . . . . ...
9
3
"A" One - Family District, Use, Height and Area hegulations . . . . .
10
4
"B" Two - Family District, Use, Height and Area Regulations . . . . .
13
5
"C -R" Restricted Apartment District, Use,Height and Area Regulations
14
6
"C" Apartment District, Use,Height and Area Regulations . . . . . .
15
7
"D" Apartment District, Use,Height and Area Regulations . . . . . .
16
8
1lB -R" Restricted Commercial District, Use,Height and Area Regulations
17
9
"E" Commercial District, Use,Height and Area Regulations . . . . . .
18
10
"F" Commercial District, Use, Height and Area Regulations
21
11
"G" Commercial District, Use, Height and Area Regulations
23
12
"H" Business District, Use, Height and Area Regulations . . . . . .
24
13
"I" Light Industrial District, Use, Height and Area Regulations . .
25
14
"J" Light Industrial Di strict, Use, Height and Area Regulations . .
28
15
"K" Heavy Industrial District, Use, Height and Area Regulations . .
29
16
Accessory Uses . . . . . . . . . . . . . . . . . . . . . . . ...
33
17
Non - conforming Uses . . . . . . . . . • . • • • • • • • • • • •
33
18
Height and Area Exceptions . . . . . . . . . . . . .
34
19
Off- street Parking and Loading Regulations
37
20
Board of Adjustment . . . . . . . . .
39
21
Certificate of Occupancy . . . . . . . . . . .
42
22
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
23
Boundaries of Districts . . . . . . . . . . . .
43
24
Interpretation, Purpose and Conflict . . . . . . . . . .
44
25
Changes and Amendments . . . . . . . 0
44
26
Validity . - r - : ..
27
Enforcement, Legal Procedure and Penalties . . . . . . . . . . .
45
28
Saving Clause . . . . . . . . . . . . . . . . . . . . . . . .
45
�9
Digest "and Revision Clause
45
30
When Effective . . . . . a
45
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ORDINANCE N0. 3011
AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND
USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE,
INDUSTRY, RESIDENCE, OR 07HER PURPOSES, THE HEIGHT,
NUMBER CF STORIES, AND SIZE OF BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES,
OFF- STREET PARKING AND LOADING, AND THE DE115�T'Y OF
POPULATION; AND FOR SAID PURPOSES TO DIVIDE THE
MUNICIPALITT INTO DISTRICTS OF SUCH NUMBER, SHAPE,
AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT
THESE REGULATIONS; TO PRESCRIBE PENALTIES FOR THE
VIOLATION CF ITS PROVISIONS AND TO PROVIDE FOR ITS
ENFORCEMENT.
WHEREAS, the City Council of the City of Fort Worth deems
it necessary in order to lessen congestion on streets, to
secure safety from fire, panic, and other dangers; to promote
health and the general welfare; to provide adequate light and
air; to prevent the over - crowding of land; to avoid undue
concentration of population; to facilitate the adequate pro-
visions of transportation, water, sewerage, schools, parks,
and other public requirements; to conserve the value of
property and encourage the most appropriate use of land
throughout the city, all in accordance with a comprehensive
plan; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS.
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SECTION 1. DEFINITIONS.
For the purpose of this ordinance certain terms and words are herewith
defined as follows:
Words used in the present tense include the future; words in the
singular number include the plural, and words in the plural number include
the singular; the word "building" includes the word 11structure►f, the word
"shall' is mandatory, and not directory.
ACCESSORY BUILDING OR USE: A subordinate building on the same lot,
or a portion of the main building, the use of which is clearly incidental
to that of the main building; or a use customarily incidental to the main
use of the property.
ALLEY: A way which affords only a secondary means of access to abut-
ting property.
APARTMENT: A room or a suite of rooms within an apartment house arrang-
ed, intended, or designed for a place of residence of a single- family or
group of individuals living together as a single housekeeping unit.
APARTMENT HOUSE: See Dwelling, Multiple.
APARTMENT HOTEL: An apartment house which furnishes for the use of
its tenants services ordinarily furnished by hotels, but the privileges of
which are not primarily available to the public.
AUTOMOBILE SALES AREA: An open area or lot used for the display or
sale of automobiles, where no repair work is done except minor recondition-
ing of the cars to be displayed and sold on the premises, and no dismant-
ling of cars or sale or keeping of used car parts or junk on the premises.
BASEMENT: A story below the first story as hereinafter defined.
See, Story.
BLOCK: A piece or parcel of land entirely surrounded by public high-
ways or streets, other than alleys. In cases where the platting is incom-
plete or disconnected, the Director of Public Works shall determine the
outline of the block.
BOARDING HOUSE OR LODGING HOUSE: A building other than a hotel,
occupied as a single housekeeping unit, where lodging or meals are pro-
vided for five (5) or more persons for compensation, pursuant to previous
arrangements, but not for the public or transients.
BUILDING: A structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels.
BUILDING, HEIGHT OF: The vertical distance measured from the curb
level to the highest point of the roof surface, if a flat roof; to the
deck line of a mansard roof; and to the mean height level between eaves,
and ridge for a gable, hip or gambrel roof, provided, however, that where
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buildings are set back from the street line, the height of the building
may be measured from the average elevation of the finished grade along
the front of the building.
CLINIC: Offices for one or more physicians, surgeons, or dentists
engaged in treating the sick or injured, but not including rooms for
the abiding of patients.
C01WMITY CENTER: A building dedicated to social or recreational
activities, serving the city or a neighborhood and owned and operated by
the City of Fort Worth 4 or by a non - profit organization dedicated to pro-
moting the health, safety, morals or general welfare of the City.
COURT: An open unoccupied space other than a yard, on the same lot
with a building and which is bounded on three (3) or more sides by the
building.
CURB LEVEL: The level of the established curb in front of the build-
ing measured at the center of such front. Where no curb has been estab-
lished, the Director of Public Works shall establish such curb or its
equivalen'� for the purpose of this ordinance.
DAY NURSERY: A place irrhero six (6) or more children are left for
care a part of the twenty-four (24) hours of the day.
Iii- JELLING: A building or portion thereof, designed exclusively for
residential occupancy, including one family, two family and multiple
dwellings, boarding and lodging houses, apartments and apartment hotels,
but not hotels.
DUELLING MULTIPLE: A building or portion therF��f, used or designed
as a residence for three (3) or more families as separate housekeeping
units, including apartments, apartment hotels, and row houses with party
wall.
FAMILY: One (1) or more persons occupying : premises and living as
a single housekeeping unit, as distinguished from a group occupying a
boarding house, lodging house, hotel, club, fraternity or sorority house.
FRONTAGE: All the property abutting on one (1) side of a street be-
tween two (Z) intersecting streets, measured along the street line.
GARAGE, PRIVATE: An accessory building for storage only of motor
vehicles, generally passenger automobiles belonging to the occupant of
the same premises.
GARAGE, PUBLIC: A building other than a private or storage garage
used for the care or repair of self- propelled vehicles or where such
vehicles are kept for remuneration, hire or sale.
GARAGE, STORAGE: A building or portion thereof, other than a private
garage, used exclusively for parking or storage of self- propelled vehicles.,
but with no other services provided except facilities for washing.
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GROUP HOUSING PROJECT: A group of one family, two family, or multiple
dwellings, arranged on land not subdivided into customary streets and lots.
HOBBY: An accessary use carried on by the occupant of the premises
in a shop, studio or other work room, purely for personal enjoyment,
amusement or recreation; provided, that the articles produced or construct-
ed in said shop, studio or work room are not sold either on or off the
premises, and provided such use will not be obnoxious or offensive by
reason of vibration, noise, odor, dust, smoke or fumes.
HORNY OCCUPATION: Any occupation which is customarily incident to
the main use of the premises as a dwelling place, and is conducted by a
member of a family residing in the dwelling, and in connection with which
there is kept no stock in trade nor commodity to be sold upon the prem-
ises; provided that no person is employed other than a mEmber of the immed-
iate family, residing on the premises; providing further that no mechan-
ical equipment shall be used which will be obnoxious or offensive by reason
of vibration, noise, odor, dust, smoke or fumes. The operation of beauty
culture schools, beauty parlors or barber shops, shall not be considered
home occupations.
HOTEL: A building occupied as the more or less temporary abiding
place of individuals who are lodged with or without meals and in which
there are more than twelve (12) sleeping rooms usually occupied singly
and no provision is made for cooking in any individual room or apartment.
HOTEL, TOURIST: A building occupied as the more or less temporary
abiding place of individuals who are lodged with or without meals and in
which there are more than five (5) and not exceeding twelve (12) sleeping
rooms usually occupied singly and no provision is made for cooking in any
individual room or apartment.
JUNK; The term "junk" is defined to mean and shall include scrap
iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and
all other scrap metals and their alloys, and bones, rags, used cloth, used
rubber, used rope, used tinfoil, used bottles, old cotton or used machin-
ery, used tools, used appliances, used fixtures, used utensils, used boxes
or crates, used pipe or pipe fittings, used automobile or airplane tires,
and other manufactured goods that are so worn, deteriorated or obsolete as
to make them unusable in their existing condition; subject to being dis-
mantled for junk.
KENNEL: Any lot or premises on which four (4) or more dogs, cats or
other domestic animals, at least four (4) monthsof age, are housed or
accepted for boarding, trimming, grooming and /or bathing for which remun-
eration is received.
KINDERGARTEN: A school other than a public school for children of
pre - public school age in which constructive endeavors, object lessons
and helpful games are prominent features of the curriculum.
LEGAL NON - CONFORMING USE, BUILDING OR YARD: A use, building or yard
existing legally (See Section 28) at the time of the passage of this ordi-
nance which does not by reason of design, use, or dimensions conform to
the regulations of the district in which it is situated. A use, building
or yard established after the passage of this ordinance which does not
conform to regulations of the district in which it is situated shall be
considered an illegal non - conforming use.
LOT: Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this ordi-
nance, and having its principal frontage upon a street or officially ap-
proved place.
LOT, CORNER: A lot situated at the junction. of two (2) or more
streets. A corner lot shall be deemed to front on the street on'which it
has its smallest dimensions, or as otherwise designated by the City Plan
Commission.
LOT, INTERIOR: A lot, the side line of which does not abut on any
street.
LOT, DEPTH: The mean horizontal distance from the front street line
to the recx line.
LOT LINES: The lines bounding a lot as defined herein.
LOT OF RECORD: A lot which is part of a subdivision, a mgp of which
has been recorded in the office of the County Clerk of Tarrant County.
LOT, THROUGH: An interior lot having frontages on two streets. Such
through lot shall provide a front yard on each street.
LOT WIDTH: The mean horizontal distance between side lines measured
at right angles to the depth.
PARKING AREA, PUBLIC: An open area other than a street, alley or
place, used for the temporary parking of more than four (4) self - propelled
vehicles and available for ;public use whether free, for compensation or
as an accommodation for clients or customers.
PARKING AREA, SEMI- PUBLIC: An open area other than a street, alley
or place, used for temporary parking of more than four (4) self - propelled
vehicles as an accessory use to semi - public institutions, schools,
churches, hospitals and non - commercial clubs.
PLACE: An open - anoccupi.ed space other than a street or alley perma-
nently reserved as the principal means of access to abutting property.
SERVANTS' QUARTKO : An accessory building located on the same lot or
grounds with themai.n building, and used as living quarters for servants
employed on the premises and not rented or otherwise used as a separate
domicile. Utility services to servant quarters shall be supplied through
meters serving the main building.
STABLE, PRIVATE: An accessory* building for the keeping of horses,
or mules owned by the occupants of the premises and not kept for remuner-
ation, hire or sale.
STABLE, PUBLIC: A stable other than a private or riding stable.
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STABLE, RIDING: A structure in which horses or mules used for
pleasure riding or driving are housed, boarded or kept for hire; including
a riding track.
STORY: That part of a building included between the surface of one
floor and the surface of the floor next above, or if there be no floor
above, that part of the building which is above the surface of the highest
floor thereof. A top story attic is a half story when the main line of
the eaves is not above the middle of the interior height of such story.
The first story is the highest story having its interior floor surface
not more than four (4) feet above the curb level, or the average elevation
of the finished grade along the front of the building were it set back
from the street.
STREET: A public thoroughfare which affords principal means of access
to abutting property.
STRUCTURE: Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground;
including but not limited to advertising signs, billboards and poster
panels; but exclusive of customary fences or boundary or retaining walls,
sidewalks and curbs.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a
building, such as bearing walls, columns, beams or girders, or any substan-
tial change in the roof or in the exterior walls.
TOURIST CAMP, OR COURT: A group of attached or detached buildings
containing individual sleeping or living units for temporary accommodations
or tourist with garage or parking facilities conveniently located to each
such unit.
TRAILER CAMP, OR COURT: A lot where parking facilities and accommo-
dations are provided on a temporary or transient basis for house cars or
automobile trailers used for human habitation. (Ordinance No. 1986)
USED AUTOMOBILE JUNK AREA: An open area other than a street, alley
or place, used for the dismantling or wrecking of used automobiles or the
storage, sale or dumping of dismantled or wrecked automobiles or their parts.
YARD: An open space other than a court, on the same lot with a
building, unoccupied and unobstructed from the ground upward, except as
otherwise provided herein. In measuring to determine the width of a side
yard, the depth of a front yard or the depth of a rear yard, the least
horizontal distance between the lot line and the main building shall be
used.
YARD, FRONT: A yard across the full width of a lot extending from
the front line of the main building to the front street line of the lot.
YARD, REAR: A yard extending across the full width of the lot and
measured between the rear line of the lot and rear line of the main build-
ing, except that area included in the side yard as defined below.
YARD, SIDE: A yard between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
SECTION 2. DISTRICTS:
In order to regulate and restrict the location of trades and indus-
tries and the location of buildings erected, reconstructed, altered or
enlarged for specified uses, to regulate and limit the height and bulk
of buildings hereafter 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 thirteen (13)
known as:
"A" One - Family District, or District "A ".
"B" Two - Family District, or District "B ".
"C -R" Restricted Apartment District, or District "C -R".
"C" Apartment District, or D_strict "C".
"D" A -)artment District, or District "D ".
"E-R" Restricted Commercial District, or District "E-R".
"E" Commercial District, or District "E".
"F" Commercial District, or District '�F".
"G" Commercial District, or District "G".
"H" Business District, or District "H".
"I" Light Industrial District, or District "I ".
"J" Light Industrial District, or District "J ".
"K" Heavy Industrial District, or District "K".
The order of classification shall be as enumerated above with the
"A" One - Family District being the most restrictive and the "K" Heavy
Industrial District the least restrictive classification.
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 nota-
tions, references and other information shown thereon shall be as much a
Part of this ordinance as if the matters and information set forth by said
map were all fully described herein.
Except as hereinafter provided:
First. No building shall be erected, reconstructed, altered or en-
larged, 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.
Second. No building shall be erected, reconstructed, altered or en-
larged to exceed the height or bulk limit herein established for the dis-
trict in which such building is located.
Third. 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.
No building permit shall be issued by the Building Commissioner of
the City of Fort T orth or by an agent of such Building Cojpmi.ssioner for
the construction or placing of, and no person shall construct or place,
any dwelling, structure or edifice, designed or usable as a dwelling
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place, on any lot, tract or parcel of land unless the lot, tract or parcel
of land upon which each such structure is to be located, or is located,
has been defined, delineated or described by a map or plat filed for record
in the Deed Records of Tarrant County, Texas; provided, that this ordi-
nance shall not prohibit the issuance of a building permit for the con-
struction or placing of any single structure, designed or usable as a
dwelling, located on any tract of land set apart, delineated or defined
by a metes and bounds description and recorded in the Deed Records of
Tarrant County, Texas, prior to January 1st, 1948 and shown on a plat,
giving an accurate location of such tract relative to any existing record-
ed addition or subdivision, when the only structure (with its permitted
appurtenances) is located or, to be located thereon, faces or fronts upon
a legally'established public thoroughfare.
No building permit shall be issued by the Building Commissioner of
the City of Fort Worth or by any agent of such Building Commissioner for
the erection or placing of any dwelling on a lot, the width or street
frontage of which has been decreased from the width or street frontage
as originally platted or as replatted and recorded in the Deed Records of
Tarrant Counts Texas, nor shall a building permit be issued for the erec-
tion or placing of any dwelling on the rear yard of any corner lot situated
in Districts "A". 11B110 ttC -Rtt$ IV? or "D"
A building permit may be issued by the Building Commissioner of the
City of Fort Worth or his agent for the construction or placing of a
dwelling on a lot or tract of land composed of portions of two or more
lots as same appear upon the map thereof as recorded in the Deed Records
of Tarrant County, Texas, only when such lot or tract has a street front-
age of not less than the street frontage of any lot in the same block.
Fourth. No yard or other open space provided about any building for
the purpose of complying rvith 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
ahall be considered as providing a yard or open space on a lot whereon
a building is to be erected.
Fifth. Every building hereafter erected shall be located on a lot
as herein defined and in no case shall there be more than one (1) build-
ing on one (1) lot4 except as hereinafter provided. (See Section 20).
SECTION 3.
"All ONE - FAMILY DISTRICT.
USE REGULATIONS: I4 the "All One - Family District, no building or land
shall be used and no building shall be hereafter erected, reconstructed,
altered or enlarged, unless otherwise provided in this ordinance, except
for one or more of the following uses:
1. One - family dwellings.
2. Churches, on corner lots only.
3. Public schools, elementary and high.
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4. Museums, libraries, parks, playgrounds or community centers owned
and operated by the City of Fort T orth.
5. Golf courses, except miniature courses, driving tees and other
similar activities, operated for commercial purpose.
6. Farms, truck gardens, orchards or nurseries for the growing of
plants, shrubs and trees, provided no retail or wholesale business sales
offices are maintained on the premises, and provided that no obnoxious
fertilizer is stored upon the premises, and no obnoxious soil or fertil-
izer processing is conducted thereon.
7. Detached accessory buildings, not exceeding one (1) story in
height, including one private garage, private stable or servants' quarters,
when located not less than sixty (60) feet from the front lot line, nor
less than the distance required for the main building from any side lot
line; provided that if the accessory building is located within the
"required1l rear yard, no clearance from a side line will be required.
The garage shall provide space for not more than one (1) motor vehicle for
each two thosand five hundred (2500) square feet of lot area, subject to
the limitations of Section 18 (i). The stable shall provide for not more
than one horse or mule for each ten thousand (10,000) square feet of lot
area. Servants' quarters shall be occupied only by servants employed on
the premises. In the 11P and "B" Districts the utility services to
servants' quarters shall be metered through the same meters as those
serving the main building on the premises. The area of servants' quarters
shall not exceed fifty (50) per cent of the area permitted for all acces-
sory buildings on the premises. An accessory building may be constructed
as a part of the main building, in which case the regulations controlling
the main building shall apply.
8. Uses customarily incident to any of the above uses when situated
in the same dwelling, when not involving the conduct of a business or
industry, but including home occupation, as heretofore defined, such as
the office of a physician, surgeon, dentist or artist. The furnidiing
of board or lodging for not more than four (4) persons in a dwelling
occupied as a private residence shall be considered an accessory use,
provided no window or other display or sign is used to advertise such
use.
9. Hobby shops, as an accessory use.
10. An unilluminated name plate for each family not exceeding one
(1) square foot in area, containing the name and occupation of the occu-
pant of the premises, provided the name plate is attached flatwise to the
building; and unilluminated signs not exceeding twelve (12) square feet
in area pertaining to the sale or rental of property on which they are
located, provided, however, that no advertising sign of any other character
shall be permitted in any One - Family District.
11. A transitional use may be permitted where the side of a lot in
the "A" One - Family District abuts upon a lot zoned for commercial, busi-
ness or industrial use. (See Section 20).
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HEIGHT AND AREA REGULATIONS:
In the "A" One - Family District, the height of buildings, the minimum
d1mension-of lots and yards, and the minimum lot area per family shall be
as follows: (For exceptions see Section 18)
HEIGHT: No building hereafter erected, reconstructed, altered or
enlarged, shall exceed two and one-half (2z) stories nor shall it exceed
thirty -five (35) feet.
FRONT YARD: There shall be a front yard of not less than twenty -five
(25) feet.
REAR YARD: There shall be a rear yard having a depth of not less than
twenty -five (25) per cent of the depth of the lot, provided such yard need
not exceed twenty -five (25) feet.
SIDE YARD: On interior lots of fifty (50) feet or less in width,
there shall be a side yard on each side of a building having a width of not
less than ten (10) per cent of the width of the lot, provided that such
side yard shall be not less than three (3) feet and need not exceed five
(5) feet in width. For lots of more than fifty (50) feet in width, either
of the side yards may be five (5) feet, and the sum of the side yards shall
be twenty (20) per cent of the lot width, but need not exceed twenty (20)
feet in width.
On co=mer lots the side yard regulation shall be the same as for
interior lots except in the case of reversed frontage where the corner lot
abuts on the side of a lot facing the other intersecting street, in Yhich
case, there shall be a side yard on the corner lot of not less than fifty
(50) per cent of the f:^ont yard required on the lot abutting the rear of
the corner lot cr separated only by an alley, provided, that this regula-
tion shall not be so interpreted as to reduce the buildable width, after
providing the required. minimum side yard, of a corner lot of record and
in separate ownership at the time of the passage of this ordinance to less
than twenty -eight (28) feet. No accessory buildings on a said corner lot
shall project beyond the front yard line of the lots in the rear, nor shall
a building be erected, reconstructed, altered or enlarged, closer than
five (5) faet to the line of the abutting lot to the rear.
WIME OF LOT: The minimum width of a lot shall be fifty (50) feet,
provided that where a lot of record and in separate ownership at the
time of the passage cf this ordinance, has less width than herein re-
quired, this regulation shall not prohibit the erection of a one family
dwelling.
LOT AREA EE R FAMILY: In the "A" One- Family District every building
hereafter erected, reconst--zcted, altered or enlarged, shall provide a
lot area of not less -than five thousand (5000) square feet per family;
provided, however, that where a lot has less area than herein required
and was of record and in separate ownership as heretofore stated in
Section 2 (Third), sa -d let may be occupied by not more than one family.
In areas not served ,y sani •ary severer, -the mir.�= lot area per family
shall be subjec'i, to the apps -oval of the D.-rector of Public. Health, based
on the conditicns and requirement for septic tanks.
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SECTION 4. "B" TWO- FAMILY DISTRICT.
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, unless other wise provided in this ordinance, except for one
or more of the following uses:
I. Any uses permitted in the "A" One - Family District.
2. Trro- family dwellings.
3. Accessory buildings, same as District "A ", mccept in District
"B" a private garage may provide space for not more than one motor
vehicle for each fifteen hundred (1500) square feet of lot area.
Subject to limitation of Section 18 (i).
4. Uses customarily incident to any of the above uses; same as
District "A ".
5. Name plates: Same as District "A ".
6. A transitional use may be permitted where the side of a lot in
the "B" Two - Family District abuts upon a lot zoned for commercial, busi-
ness or industrial use. (See Section 20).
HEIGHT AND AREA REGULATIONS.
In the "B" Two - Family District, the height of buildings, the mini-
mum dimensions of lots and yards, and the minimum lot area per family
shall be as follows : (For exceptions see Section 18).
HEIGHT: Same as District "A ".
FRONT YARD: Same as District "A ".
REAR YARD: Same as District "A".
SIDE YARD: Same as District "All, including regulations for corner
lots rearing on lots having reversed frontage.
WIDTH OF LOT: Same as District "A ".
LOT AREA PER FAMILY: In the "B" Two - Family District the lot area
per family requirements for single family dwellings shall be the same as
in the "A" One- Family District and every two - family dwelling hereafter
erected, reconstructed, altered or enlarged shall provide a lot area of
not less than twenty -five hundred (2500) square feet per family; pro-
vided, however, that where a lot has less area than herein required and
was of record and in separate ownership at the time of the passage of this
ordinance, said lot may be occupied by not more than one family. In areas
- 13 -
not served by sanitary sewer, the mininmim lot area per family shall be
subject to the approval of the Director of Public Health, based on the
conditions and requirements for septic tanks.
SECTION 5.
"C -R" RESTRICTED APARTMENT DISTRICT.
USE REGULATIONS. In the "C -R11 Restricted Apartment District no
building or land shall be used and no building shall be hereafter erect-
ed, reconstructed, altered, or enlarged, unless otherwise provided in
this ordinance, except for one or more of the following uses:
1. Any uses permitted in the "B" Taro- Family District.
2. Three - family or
3• Four - family dwellings.
4. Accessory buildings, same as District "A ", except in District
"C -R" a private garage may provide space for not more than one motor
vehicle for each twelve hundred and fifty (1250) square feet of lot area.
Subject to limitation of Section 18 (i).
5• Uses customarily incident to any of the above uses: Same as
District "A ".
6. Name plates: Same as District "A ".
HEIGHT AND AREA REGULATIONS.
In the "C -R'' Apartment District the height of buildings, the minimum
dimensions of lots and yards, and the minimum lot area per family shall be
as follows: (For exceptions see Section 18).
HEIGHT: Same as District "A".
FRONT YARD: Same as District "A ".
REAR YARD; Same as District "A ".
SIDE YARD: Same as District "A ", including regulations for corner
lots rearing on lots having reversed frontage.
WIDTH OF LOT: Same as District ''A ".
LOT AREA PER FAMILY: In the "C -R11 Apartment District the lot area
requirements for single family dwellings shall be the same as District
"A" and the lot area per family requirements for two family dwellings
shall be the same as District "B", and every three or four family dwelling
hereafter erected, reconstructed, altered, or enlarged, shall provide a
lot area of not less than twelve hundred and fifty (1250) square feet per
family.
Provided, however, that where a lot has less area than herein re-
quired and was of record and in separate ovwmership at the time of the
passage of this ordinance, said lot may be occupied by not more than one
family.
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In areas not served by sanitary sewers, the minimum lot area per
family shall be subject to the approval of the Director of Public Health,
based on the conditions and requirements for septic tanks.
SECTION 6.
"C" APARTMENT DISTRICT.
USE REGULATIONS.
In the "C" Apartment District no building or land shall be used and
no buildings shall be hereafter erected, reconstructed, altered, or en-
larged, unless otherwise provided in this ordinance, except for one or
more of the following uses:
1. Any uses permitted in the "C -R" Apartment District.
2. Multiple dwellings.
3. Boarding and lodging houses.
4. Hotels, apartment hotels, or tourist hotels in which incidental
business may be conducted for the sole convenience of the occupants of the
building, provided, however, there shall be no entrance to such place of
business except from the inside of the building.
5. Private clubs, fraternities, sororities. and lodges, excluding
those the chief activity of which is a service customarily carried on as
a business.
6. Institutions operated or sponsored by chartered educational,
religious or philanthropic organizations but excluding institutions of a
correctional nature and trade schools.
7. Kindergartens and day nurseries. ( Ordinance No. 2167 )
8. Accessory buildings. Same as District "A" except that in Dis-
trict "C" a private garage may provide space for not more than one motor
vehicle for each six hundred (600) square feet of lot area.
9. Name plates. Same as District "A ".
HEIGHT AND AREA REGULATIONS.
In the "C" Apartment District the height of buildings, the minimum
dimensions of lots and yards, and the minimum lot area per family shall
be as follows: (For exceptions see Section 18)
HEIGHT: No building hereafter erected, reconstructed, altered or
enlarged shall exceed three (3) stories nor shall it exceed forty -five
feet.
FRONT YARD: Same as District "A".
BEAR YARD: Same as District "A ".
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SIDE YARD: For buildings not exceeding two and one -half (21) stories
in height the side yard requirements shall be the same as District "A ".
For buildings more than two and one -half (22) stories in height,
each side yard shall be increased one (1) foot in width for the story above
the second floor.
On corner lots the side yard regulations shall be the same as for
interior lots except in the case of reversed frontage the side yards re-
quired for the corner lots on the street side shall be the same as that
required for reversed frontage in District "A ".
WIDTH OF LOT: Same as District "A ".
LOT AREA PER FAMILY: Every building hereafter erected, reconstruct-
ed, altered•or enlarged, shall provide a lot area of not less than eight
hundred (800) square feet per family, except that for single family, two -
family, and three or four family dwellings, the lot area•per €amity 'shall
be as required in District "C -R".
SECTION 7.
"D" APARTMENT DISTRICT.
USE REGULATIONS.
In the "D" Apartment District, no buildings shall be hereafter
erected, reconstructed, altered or enlarged, unless otherwise provided
in this ordinance, except for one or more of the following uses:
1. Any uses permitted in the "C" Apartment District.
2. Hospitals, clinics, doctors or dentist offices, sanitariums, or
care homes; except that none of the above may be used for contagious,
mental, drug,*or liquor addict cases, or animal hospitals.
(Ordinance Numbers 1271 and 2467) .
3. Detached accessory buildings including storage garage are subject
to the same regulations as District "A", except that the lot area per car
limitations shall be waived and off street parking shall be provided as
set out in Section 19. Private or storage garages or servant's quarters,
may be constructed as a part of the main building.
4. Name plate: Same as District "A ".
HEIGHT AND AREA REGULATIONS. In the "D" Apartment District, the
height of buildings, the minimum dimensions of yards and the minimum lot
area per family shall be as follows: (For exceptions., see Section 18).
HEIGHT: No building hereafter erected, reconstructed, altered or
enlarged shall exceed twelve (12) stories, nor shall it exceed one
hundred and twenty (120) feet.
FRONT YARD: Same as District "A ".
REAR YARD: Same as District "A ".
- 16 -
SIDE YARD: Same as District "Cit., including regulations for corner
lots rearing on lots having reversed frontage.
ti1IDTH OF LOT: Same as District 11kil.
LOT AREA PER FAMILY: Every building or portion thereof hereafter
erected, reconstructed, altered or enlarged, shall provide a lot area of
not less than three hundred (300) square feet per family, provided, how-
ever, that this regulation shall not apply to hotels, or apartment hotels,
where no provision is made for cooking in any individual room, suite or
apartment. (See Section 18).
SECTION 8. "E -R« RESTRICTED COMIVXRCIAL DISTRICT.
USE REGULATIONS: In the 11E -R" Restricted Commercial District, no
buildings or land shall be used and no buildings shall be hereafter erect-
ed, reconstructed, altered or enlarged, unless otherwise provided in this
Ordinance, except for one or more of the following uses:
1. Any uses permitted in the i'C" Apartment District.
2. Auto parking areas, for passenger cars only.
3. Barber and beauty shops. (Ordinance No. 1271)
4. Book or stationery stores, or news stands.
Cleaning, pressing and laundry collection offices.
6. Custom dressmaking or millinery shops.
7. Doctors and dentists offices, clinics, or laboratories.
8. Grocery stores, and meat markets. (Ordinance No. 1271)
9. Offices,
10. Photograph, portrait or camera shops and photo finishing.
(Ordinance No, 2470)
11. Signs and billboards on the ground are prohibited, but signs
may be erected on buildings provided they are fastened flat
against the wall, or erected on the roof. Signs on the roof
shall not extend beyond the building:-. wall, nor shall any sign
have a height of more than ten (10) feet. Signs shall not be
illuminated between the hours of ten (10) P. M. and six (6)
A. K.
12. Studios for artists.
13. Accessory buildings and uses customarily incident to any of the
above uses including air conditioners, ice and refrigerating
plants purely incidental to the main activity permitted on
I7—
the premises. No accessory use shall be construed to permit
the keeping of articles or materials in the open or outside
the building.
14. The above specified stores, shops or business shall be retail
establishments exclusively, selling merchandise and conducted
wholly within an enclosed building. Each store, shop, or
business shall not exceed twenty -five hundred (2500) square
feet of floor area. No drive -in or curb services shall be
permitted.
HEIGHT AND AREA REGULATIONS.
In the "E-R" Commercial District, the height of buildings, the mini-
mum dimensions of yards and the minimum lot area per family shall be as
follows: provided, however, that buildings erected, reconstructed,
altered or enlarged exclusively for dwelling purposes shall comply with
the front, rear and side yard regulations of District "C ". (For excep-
tions see Section 18).
HEIGHT: Same as District "A", except that where the frontage on
one side of the street between two intersecting streets is located partly
in District "E -R" and partly in a district permitting a greater height,
the height limitation for District "E -R" may be increased to three (3)
stories, but not to exceed forty -five (4,5) feet.
FRONT YARD: Same as District "A".
REAR YARD: Same as District "A".
SIDE YARD: 14here a lot abuts upon the side of a lot zoned for
dwelling purposes there shall be a side yard of not less than five (5}
feet, otherwise no side yard for a commercial building shall be required,
but if provided, it shall be not less than three (3) feet. On corner
lots, with lots having reversed frontage at the rear, the side yard re-
quirement shall be the same as District "A".
WIDTH OF LOT: If used for dwelling purposes, it shall be fifty (50)
feet, except as provided in the "A -' One - Family District.
LOT AREA PER FAMILY: Every building hereafter erected, reconstructed,
altered or enlarged, for dwelling purposes shall provide a lot area of
not less than twenty -five hundred (2500) square feet per family, provided,
however, that this regulation shall not apply to hotels, or apartment
hotels, where no provision is made for cooking.
SECTION 9. "E" COME RCIAL DISTRICT.
USE REGUTATIONS. In the "E" Commercial District, no buildings or
land shall be used and no buildings shall be hereafter erected, reconstruct-
ed, altered or enlarged, unless otherwise provided in this Ordinance,
except for one or more of the following uses:
1. Any uses permitted in the IUD" Apartment and "E-RII Commercial
Districts, without limit to the square feet of floor area in
shops, except as noted.
2. Advertising signs or structures or billboards may be placed or
erected on the ground or on buildings but shall not be placed
or erected in the required front or side yard.
3. Antique shops.
4. Auditoriums, theatres, moving picture shows, having a seating
capacity for not more than one thousand five hundred (1500)
people.
5. Automobile, motorcycle, or trailer sales, or sales or rental
areas, provided vehicles are in good operating condition, and no
repairs are made on the premises.
6. Bakeries, provided that the floor area does not exceed three
thousand (3000) square feet.
7. Banks.
8. Baths, turkish and similar massage and health treatments.
9. Bicycles and bicycle repair shops.
10. Bird stores, pet shops, taxidermist shops or aquariums.
11. Blueprinting or photostating.
M. Business colleges, or private schools operated as a commercial
enterprise.
13. Caterer or wedding service.
14. Christmas tree sales.
15. Cleaning, dyeing and pressing works; laundry and washaterias,
Provided that the floor area does not exceed three thousand
(3000) square feet for separate or combined uses. (Ordinance
No. 2170.
16. Confectionery stores.
17. Dancing Schools.
18. Delicatessen shops.
19. Department stores.
20. II-ive -in businesses, including refreshment stands, cafes,
restaurants, food sores, and similar activities, but not in-
cluding businesses selling alcoholic beverages on the premises.
21. Drug stores.
- 19-
Dry goods and notions stores.
23. Electrical and gas appliance and supply sales, electrical and
gas repair and installation services When limited to small
shops, the principal business of Which is a neighborhood
service.
24. Filling stations, gasoline, oil, Washing, greasing and acces-
sories; not including motor, fender, or body repairs; provided
thgt they comply With Ordinance No. 2170 (Fire Ordinance).
25. Florist or gift shops.
26. Frozen food lockers for individual or family use, not in-
cluding the processing of food except cutting or Wrapping.
27. Hardware, paint and Wall paper stores.
26. Garages, storage only.
29. Household and office furniture, furnishings and appliances.
30. Ice storage houses having not more than seven and one -half (7j)
tons capacity.
31. Jewelry stores, optical goods.
32• Miniature golf courses and driving tees.
33• Mortuaries, funeral homes and undertakers.
34. Museums.
35. Nursery yards or buildings for retail sales, provided that all
incidental equipment and supplies including fertilizer and
empty containers are kept within a building.
36. Piano stores, musical instruments and supplies.
37. Plumbing and heating appli.ences and supply sales, and plumbing
and heating repairs and installation services, when limited to
small shops, the principal business of which is a neighborhood
service.
38. Restaurants, tea rooms, cafeterias or cafes.
39• Retail stores, businesses or shops for custom work or the
manufacture of articles to be sold at retail on the premises,
excluding coal and wood yards, provided that in such manufacture
the total mechanical power shall not exceed five (5) horse
power for the operation of any one machine provided that the
space occupied by the manufacturing use permitted herein shall
not exceed fifty (50) per cent of the total floor area of the
entire building or the equivilant of the ground floor area
thereof, and provided further that such manufacturing use is not
noxious or offensive by reason of vibration, noise, odor, dust,
smoke or fumes.
- 20 -
40. Tailor, clothing or wearing apparel shops.
41. Variety stores.
42. Accessory buildings and uses customarily incident to any of
the above uses, including air conditioning, ice and refriger-
ating plants purely incidental to a main activity permitted
on the premises. No accessory use shall be construed to per-
mit the keeping of articles or material in the open or on the
outside of the building.
HFFTrxHT AND AREA REGULATIONS.
In the «E" Commercial Districts the height of buildings, the minimum
dimensions of yards and the mini mami lot area per family shall be as fol-
lows: provided, however, that buildings erected, reconstructed, altered
or enlarged exclusively for dwelling purposes, shall comply with the
front, rear and side yard regulations of District "C ". (For exceptions
see Section 18).
HEIGHT: Same as District rtE -.Rif.
FRONT YARD: Same as District "Att.
REAR YARD: Same as District "A ".
SIDE YARD: Same as District "E-Rtt .
WIDTH OF LOT: Same as District ttE—gtt
LOT AREA PER FAMILY: Every building hereafter erected, reconstruct-
ed, altered, or enlarged for dwelling purposes, shall provide a lot area
of not less than twelve hundred and fifty (1250) square feet per family,
provided, however, that this regulation shall not apply to hotels, or
apartment hotels, where no provision is made for cooking in any individ-
ual room, suite or apartment.
SECTION 10. 'IF" COMffMIAL DISTRICT.
USE REGULATION: In the 'IF" Commercial District no buildings or land
shall be used and no buildings shall be hereafter erected, reconstructed,
altered or enlarged, unless otherwise provided in this ordinance, except
for one or more of the following uses:
1. ArW uses permitted in the ttE" Commercial District.
2. Amusement enterprises, including taverns, night clubs, (Ordi-
nance Numbers 1761 and 1887) bowling alleys, billiards or pool
halls, dance halls, (Ordinance No. 1987) shooting galleries,
skating rinks, and similar commercial recreation activities if
conducted wholly within a completely enclosed building.
3• Auditoriums, theaters, moving picture houses.
- 21 -
4. Automobile, motorcycle, and trailer sales, or sales or rental
areas.
5. Bus Stations.
6. Care Homes, as defined in Ordinance No. 2167. See Section 7,
Item 2.
7. Dog and cat veterinary clinics, if entirely within a building
and no animals are kept over night.
8. Drive -in businesses, including refreshment stands, cafes, restau-
rants, food stores, and similar activities for the sale of
alcoholic beverages on the premises.
9. Express offices.
10. Feed stores, no processing or milling.
11. Garages, public, for repairs or storage facilities for automobiles
when such facilities are maintained within a building, provided no
painting or body or fender repairs shall be conducted on any
premises that adjoin at the side or rear of a "A", "B", "C -R", "C"
or "D" District.
12. Heating supplies and appliances.
13. Leather and leather goods shops.
14. Printing, small job printing shops, provided that the floor area
does not exceed two thousand (2000) square feet.
15. Accessory buildings and uses customarily incident to the above.
No accessory use shall be construed to permit the keeping of
articles or material in the open or outside the building.
HEIGHT AND AREA REGULATIONS.
In the "F" Commercial District, the height of buildings, the minimum
dimensions.cfyards and the minimum lot area per family shall be as follows:
provided, however, that buildings erected, reconstructed, altered, or en-
larged, exclusively for dwelling purposes, shall comply with the front,
side and rear yard regulations of the "C" Apartment District.
(For exceptions see Section 18).
HEIGHT: No building hereafter erected, reconstructed, altered, or en-
larged shall exceed three (3) stories, nor shall it exceed forty -five (45)
feet.
FRONT YARD: Where all the frontage on one side of the street between
two intersecting streets is located in a "F" District, no front yard shall
be required. Where the frontage on one side of the street between two
intersecting streets is located partly in a "F" District and partly in a
Duelling District, or an "E-R" or an "E" District, the front yard require-
ments of the Dwelling District and the "E-R" or the "E" Districts shall
apply to the "F" District.
REAR YARD: In the "F" District there shall be a rear yard having a
depth of not less than twenty (20) per cent of the depth of the lot, pro-
vided such rear yard need not exceed twenty -five (25) feet.
- 22 -
SIDE YARD: Same as District "E -R".
WIDTH OF LOT: Same as District "E -R".
LOT AREA PER FAMILY: Every building hereafter erected, reconstructed,
altered, or enlarged for dwelling purposes, shall provide a lot area of
not less than six hundred (600) square feet per family, provided, however,
that this regulation shall not apply to hotels, or apartment hotels,
where no provision is made for cooking in any individual room, suite or
apartment.
SECTION 11.
ttG" COMM, RCIAL DISTRICT.
USE REGULATIONS: In the "G" Commercial District no buildings or land
shall be used and no buildings shall be hereafter erected, reconstructed,
altered, or enlarged, unless otherwise provided in this ordinance, except
for one or more of the following uses:
1. Any uses permitted in the "F" Commercial District.
2. Any other retail uses provided such use is not noxious or offen-
sive because of odors, smoke, dust, noise, fumes or vibration
but excluding such uses as are enumerated in the Districts "H",
IIIIIS "J" and "gn
3. Accessory buildings and uses customarily incidental to the above.
No accessory use shall be construed to permit the keeping of
articles or material in the open or outside the building.
NIGHT AND AREA REGULATIONS.
In the "G" Commercial District, the height of buildings, the minimum
dimensions of yards and minimum lot area per family shall be as follows:
provided, however, that buildings erected, reconstructed, altered or en-
T rged, exclusively for dwelling purposes, shall comply with the front,
side and rear yard regulations of the "D" Apartment District. (For
exceptions see Section 18).
HEIGHT: No building hereafter erected, reconstructed, altered or
enlarged shall exceed twelve (12) stories nor shall it exceed one hundred
and twenty (120) feet.
FRONT YARD: Same as District "F ".
REAR YARD: There shall be a rear yard of not less than ten (10) feet.
SIDE YARD: Vlhere a lot abuts upon the side of a lot zoned for dwell-
ing purposes there shall be a side yard of not less than five (5) feet.
In all other cases a side yard for a commercial building shall not be re-
quired, but if provided, it shall not be less than three (3) feet.
uuIDTH OF LOT: Same as District "E -R".
LOT AREA PER FAMILY: Same as District "D" if used for dwelling
purposes.
- 23 -
SECTION 12.
"H" BUSINESS DISTRICT.
USE REGULATION: In the "H" Business District no buildings or land
shall be used and no buildings shall be hereafter erected, reconstructed,
altered,or enlarged, unless otherwise provided in this ordinance, except
for one or more of the following uses:
1. Any uses permitted in the "G" Commercial District.
2. Artificial limb manufacture.
3. Engraving, steel, copper and photo.
4. Laboratories - testing.
5. Lens grinding for optical goods.
6. Mirror plating and glass cutting.
7. Newg paper publishing and printing.
8. Printing and bookbinding.
9. Rubber stamp manufacture.
10. V,holesale sales offices or sample rooms.
11. Any commercial, recreational or amusement classification not in-
cluded in any other district, provided such use is not noxious
or offensive because of odors, dust, noise, fumes, or vibrations.
12. Accessory buildings and uses shall be the same as for District "G ".
HEIGHT AND AREA REGULATIONS.
In the "H" Business District the height and size of buildings shall
be as follows: ;provided, however, that buildings erected, reconstructed,
alto - -ed, or enlarged exclusively for dwelling purposes shall comply with
the front, side and rear yard regulations of the nDn Apartment District.
(For exceptions see Section 18).
HEIGHT: No building hereafter erected, reconstructed, altered, or
enlarged shall e_�ceed a height at the street line of two hundred and twenty
(220) feet, provided however, in addition to the height permitted at the
street line, four (4) feet may be added to the height of the building for
each one (1) foot the building or portion thereof is set back from the
street line; and provided further that no set back shall be required on
that side of the building facing on any street running in an easterly -
westerly direction, except for any tower that might be placed on any
building, and the area of the base of such tower shall not exceed twenty -
five (25) per cent of the lot area nor to have any side greater in face
than sixty (60) feet horizontally, nor to have any side closer than twenty
(20) feet to any street line; and it is further provided that the cubical
contents of such building shall not exceed the cubical contents of a prism
having a base equal to the area of the lot and a height of two hundred and
— 24 —
forty (240) feet, excluding from such cubical content limitation any tow er
that might be erected on the building.
FRONT YARD: None.
REAR Yom: None.
SIDE YARD: Same as District "G".
LOT AREA PER FANCILY: Same as District "D ", if used for dwelling
Purposes.
SECTION 13. "I" LIGIiT INDUSTRIAL DISTRICT.
USE REGULATIONS: In the "I" Li ht
or land shall be used and no buildings shall be no
erected recon-
g Industrial District, no buildi, -cgs
strutted, altered, or enlarged, unless otherwise
nance except for one or more of the followin Provided in this�Ordi-
g uses:
1. Any uses permitted in the " A "
excluded Business District. Dwellings are
'welling can ed
Record which was recorded prior to heeadoetton on a Lot of
P of this ordinance.
2. Amusement or baseball parks.
3. Assaying (other than gold or silver).
fit. Bakeries - wholesale.
5. Blacksm thing, horse - shoeing or wagon shops.
6• Body aYtd fender work for
automobiles and house trailers.
7. Bottling works, soft drinks.
(Ordinance No. 1271, Article III)
8. Building material storage yards.
9° Candy, canning or preserving factories.
10. Carnivals.
11. Carpet and rug cleaning.
12. Cereal mills.
13. Chicken batteries or brooders.
14. Cleaning, dyeing, pressing works, laundry and wash ateria.
15. Coffee roasting.
16. Coal, coke oN wood yards.
17. Cold storage plants.
- �5 -
18. Contractorts plants or storage yards.
19. Cooperage works.
20. Creameries.
21. Dog and cat hospitals, and kennels, when not less than one
hundred (100) feet from an "A", "B", "C -R", "C", or I'D" District.
22. Electro plating.
23. Galvanizing, small utensils, etc.
24. Ice plants or storage houses.
25. Lumber yards.
26. Machine shops, provided power not to exceed ten (10) horse power
is employed in the operation of any one machine.
27. Manufacture of:
Products from aluminum, brass, bronze, copper, steel, tin or
other metals and from bone, leather, paper, rubber, shell,
wire, or wood, of any kind other than those enmumerated under
Districts "J" or "K", provided power not to exceed ten (10)
horse power is employed in the operation of any one machine,
and not including foundries.
28. Manufacture of:
Artifical flowers, ornaments, awnings, tents, and bags,
blacking, cleaning or polishing preparations, boats (small)
twenty -eight (28) feet or less in length, brooms or brushes,
buttons and novelties, canvas products, clothing, suits, coats,
or dresses for wholesale trade; food products, syrups, fruit
juices, extracts, drugs or medicine, except products classified
under Districts "J" or "K"; furniture, gas or electric fixtures,
ice cream, mattresses or their renovation; peanut and pecan
products, potato chips, radio and television sets, signs, in-
eluding electric; provided power not in excess of ten (10)
horse power is employed in the operation of any one machine.
29. Yeat processing (no slaughtering).
30. Milk bottling or central distribution stations.
31. Dionument or marble works, finishing and carving only.
32. Pattern shops.
33. Printing, lithographing, bookbinding, newspapers and publishing.
— 26 —
34. Sheet metal shops using sheet metal of sixteen (16) gauge, or
thinner.
35. Spray painting or paint mixing.
36. Stables, public, or riding, when not less than one hundred (100)
feet from an "A ", "B", "C -R'r, 'lc", or "D" District.
37. Stone monument works,
38. Storage in bulk of, or warehouse for commodities and materials
enumerated in districts "E -R" through "I ", provided that they
comply with fire ordinance number 2470.
39. Terminals, - freight, rail or water.
40. Terminals, truck - upon the approval by the Zoning Board of
Adjustment after public hearing. Prior to action in any such
case, the Board shall request recommendations from the City
Traffic Engineer and from the Fire Department and shall impose
any additional conditions or require any additional safeguards
necessary in its opinions, to avoid creating additional fire
and traffic hazards or congestion.
41. Tracks, - team, spur, loading or storage; and freight yards.
42. Veterinary hospitals.
43- Welding shops, custom work, not including structural welding.
44. Wholesale produce market or wholesale houses.
45. Any similar uses not included in District "J" and "K" which are
not noxious or offensive because of odors, smoke, dust, noise,
fumes, or vibrations.
46. Accessory buildings and uses customarily incidental to the above.
HEIGHT AND AREA REGULATIONS.
In the "I" Light Industrial District the height of buildings, and the
minimum dimensions of yards shall be as follows: provided, however, that
buildings erected, reconstructed, altered, or enlarged exclusively for
dwelling purposes shall comply with the front, side and rear yard regula-
tions of the "B" Two - Family District.
HEIGHT: No building he erected, reconstructed, altered, or
enlarged, shall exceed three (3) stories, nor shall it exceed forty -five
(45) feet.
FRONT YARD: Same as District "F ".
REAR YARD: No rear yard shall be required except where the "I"
District abuts on a Dwelling District, in which case, there shall be a rear
yard of not less than ten (10) feet.
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SIDE YARD: Same as District "E -R11.
LOT AREA PER FAMILY: Same as District "C -R'I, if used for dwelling
purposes.
SECTION 14. "J" LIGHT INDUSTRIAL DISTRICT.
USE REGULATIONS. In the nJn Light Industrial District, no building
or land shall be used, and no buildings shall be hereafter erected, re-
constructed, altered, or enlarged, unless otherwise provided in this
Ordinance, except for one or more of the following uses:
1. Any use permitted in the "I" Light Industrial District. Dwellings
are excluded, except that a dwelling can be erected on a Lot of
Record which was recorded prior to the adoption of this ordinance.
2. Breweries, distilleries, and wineries.
3. Cement products including cement block plants and cast stone works.
4. Central station light or power plants.
5. Circuses.
6. Feed and flour mills.
7. Grain elevators.
8. Japanning.
9. Manufacture of:
Basket materials, bicycles, boots, boxes, caskets, liquid soap,
shoes, storage batteries, and textile fabrics.
10. Planing mill or woodworking shops using a maximum of ten (10)
horse power to any one machine.
11. Poultry killing and dressing.
12. Railroad freight or classification yards.
13. Stamping, dieing, shearing or punching metal, not exceeding
one -eight (1/8) inch in thickness.
14. Any similar uses not included in District "K" which are not
noxious or offensive because of odors, smoke, dust, noise,
fumes, or vibrations.
15. Accessory uses, buildings and uses customarily incidental to
the above.
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FIGHT AND AREA REGULATIONS.
In the "J" Light Industrial District, the height of buildings, and
the minimum dimensions of yards shall be as follows: provided however,
that buildings erected, reconstructed, altered, or enlarged exclusively
for dwelling purposes shall comply with the front, side and rear yard
regulations of the "B" Two- Family District.
HEIGHT: No building hereafter erected, reconstructed, altered, or
enlarged, shall exceed twelve" (12) stories nor shall it exceed one
hundred and twenty (120) feet.
FRONT YARD Same as District 'IF".
REAR YARD: No rear yard shall be required except where a "J" District
abuts on a Dwelling District, in which case, there shall be a rear yard of
not less than ten (10) feet.
SIDE YARD: ' where a lot abuts upon the side of a lot zoned for dwell-
ing purposes there shall be a side yard of not less than five (5) feet,
otherwise no side yard is required, but if provided it shall be not less
than three (3) feet.
LOT AREA PER FAMILY: Same as District 110 -R", if used for dwelling
purposes.
SECTION 15.
"K" HEAVY INDUSTRIAL DISTRICT.
USE REGULATIONS. In the "K" Heavy Industrial District, no building
or land shall be used and no building shall be hereafter erected, recon-
structed, altered, or enlarged unless otherwise provided in this Ordinance
except for one or more of the following uses:
1. Any uses permitted in the "J" Light Industrial District, except
that all dwellings are excluded.
2. Acetylene gas storage.
3. Assaying.
4. Arsenals.
5. Asphalt and cement batching and mixing plants.
6. Bag cleaning.
7. Cotton gins, baling or compresses.
8. Cotton oil mills.
9. Clay, shale, or glass products.
10. Dog pounds.
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11. Egg cracking and processing.
12. Enameling.
13. Fish smoking and curing.
14. Forge plants.
15, Galvanizing, sheet and structural shapes.
16. Iron, steel, brass, copper, or aluminum foundries or fabrication
plants.
17. Machine shops.
18. Manufacture of:
Acetylene and / or oxygen gas, alcohol, adding machines, air-
planes, automobiles, trucks and'F,ractors, including assembly
plants; bearings - ball or roller, cans, steel tanks and drums,
candles and celluloid, cash registers, cutlery, disinfectants,
dextrine, dyestuff, electrioal machinery, farm machinery, exter-
minators and insect poison, emery cloth and sand paper, glucose,
matches, nuts, bolts or screws, oilcloth or linoleum, oiled or
rubber goods, paint, oil shellac, turpentine or varnish,
pyroxylin, sauerkraut, starch, tools, typewriters, and vinegar.
19. Petroleum products, refining or wholesale storage of petroleum in
tanks not exceeding ten thousand (10,000) gallons capacity.
20. Planing mills.
21. Potash works.
22. Railroad roundhouses or car repair shops.
23. Rubber or gutta - percha manufacture or treatment.
24. Salt works.
25. Soap manufacture.
26. Soda and compound manufacture.
27. Stamping, dieing, shearing or punching of metals.
28. Stone yards, building stone; cutting, sawing and storage.
29. Tallow, grease or ]ard manufacture.
30. Tar distillation or manufacture.
31. Tobacco (chewing) manufacture or treatment.
_3o-
32. Wool pulling or scouring.
33. Welding shops.
34. Yeast plants.
35. And in general those uses not listed above Which are not ordi-
narily excessively noxious or offensive because of odor, smoke,
dust, noise, fumes, or vibrations.
36. Any other uses not now or hereafter prohibited by Ordinance of
the City of Fort tiiorth, except that no building or occupancy
permit shall be issued for the following uses unless and until
the location of such use shall have been approved by the Board
of Adjustment, after a report by the Department of Public tiuorks,
and Fire and Health Departments.
(1). Acid manufacture..
(2). Ammonia, bleaching powder or chlorine manufacture.
(3). Asphalt manufacture or refining.
(11). Blast furnaces.
Boiler works.
(6). Brick, tile, or terra cotta manufacture.
(7). Cement, lime, gypsum, or plaster of paris manufacture.
{$). Coke ovens.
(9). Creosote treatment or manufacture.
s (10). Distillation of bones, coal, or wood.
(11). Explosives, manufacture or storage, see Ordinance
No. 2470.
(12). Fat rendering.
(13). Fertilizer manufacture.
(14). Garbage, offal or dead animals, reducing or dumping.
(15)• Gas (natural or artificial) manufacture, or pro-
cessing.
(16). Glue manufacture.
(17). Iron and steel fabrication plants where riveting
method is used, provided that such plants are not
rithin five hundred (500) feet of a more restric-
tive district.
— 31 —
(18). Lamp black manufacture.
(19). Magnesium casting, machining or fabrication.
(20). Manufacture or re- claiming of rubber or manufacture
of heavy rubber products.
(21). Ore reduction.
(22). Packing plants including slaughtering of animals and
processing of by- products.
(23). Paper or pulp manufacture.
(24). Petroleum products, refining or wholesale storage of
petroleum in tanks of more than ten thousand (10,000)
gallons capacity.
(25). Rock crushers or stone quarries.
(26). Rolling mills.
(27). Smelting or reclamation (by reduction) of tin,
copper, lead, zinc or iron ores.
(28). Stock yards, feeding pens or slaughtering of animals.
(29). Storage, salvaging, sorting, processing, or baling
of rags, iron, scrap paper or jrml-,.
(30). Tanneries, curing, or storage of raw hides or skins.
(31). Tar or asphalt roofing or waterproofing manufacture.
(32). Used automobile junk areas.
HEIGHT A',M AREA REGULATIONS.
In the 11g11 Heavy Industrial District the
height of buildings, and the minimum dimensions of yards shall be as
follows:
HEIGHT: No building hereafter erected, reconstructed, altered, or
enlarged, shall exceed twelve (12) stories nor shall it exceed one
hundred and twenty (120) feet.
FRONT YARD: Same as District "F ".
REAR YARD: No rear yard shall be required except where a 11K11 Dis-
trict abuts on a Duelling District, in which case, there shall be a rear
yard of not less than ten (10) feet.
SIDE YARD: Same as District "J".
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LOT AREA PER FAMILY: Dwellings excluded.
SECTION 16. ACCESSORY USES.
A driveway or walk to provide access to premises in a District "Ell to
"K" inclusive shall not be permitted in a District "All to ''D" inclusive.
Buildings or structures or uses which are accessory to the uses per-
mitted in one district shall not be permitted in a district of a more
restrictive classification.
SECTION 17. NON- CONFOEMING USES.
(a) The lawful use of a "building" existing at the time of the pas-
sage of this ordinance may be continued, although such use does not conform
with the provisions hereof, and such use may be extended throughout the
building provided no structural alterations) except those required by law
or ordinance, are made therein. If no structural alterations are made, a
non - conforming use of a building may be changed to another non - conforming
use of the same or more restricted classification. If such non - conforming
building is removed, every future use of such premises shall be in con-
formity with the provisions of this ordinance.
(b) Repairs and alterations may be made to a legal non- conforming
building, provided that no structural alterations shall be made except,
those required by law or ordinance, unless the building is changed to a
conforming use;dand provided that no additional dwelling units shall be
added where the non - conforming use results from there being more dwelling
units on the lot than is permissible in the district in which the building
is located. The Board of Adjustment shall have the authority after hear-
ing to grant extension to non- confooming buildings not to exceed twenty -five
(25) per cent of the ground area of the same in case of evident hardship,
subject to the yard restrictions herein provided.
(c) The lawful use of "land" existing at the time of the passage of
this ordinance, although such does not conform to the provisions hereof,
may be continued, but if such non - conforming use is discontinued, any
future use of said premises shall be in conformity with the provisions of
this ordinance. Provided, however, that where "land" is situated in any
district other than a Heavy Industrial District, which is now used for a
use permitted only in a Heavy Industrial District, and is not an accessory
to the use of a main building located on the same lot or grounds, such
non - conforming use of "land" shall be discontinued and all material com-
pletely removed by its owner not later than three (3) years from the date
of the passage of this ordinance.
(d) A legal non - conforming use if changed to conforming use may not
thereafter be changed back to a non - conforming use. A legal non - conforming
use if changed to a more restricted non - conforming use may not thereafter
be changed unless to an equal or to a more restricted use.
(e) A legal non - conforming use, when discontinued or abandoned, shall
not be resumed. Discontinuance or abandonment shall be defined as follows:
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(1) When land used for a legal non - conforming use shall
cease to be used in a bona fide manner for one (1)
calendar month.
(2) When a building designed or arranged for a non-
conforming use shall cease to be used in a bona fide
manner as a legal non - conforming use for a continuous
period of twenty -four (24) consecutive calendar
months.
(3) When a building designed or arranged for a conforming
use shall cease to be used in a bona fide manner as
a legal non - conforming use for a period of twelve (12)
consecutive calendar months.
Upon evidence of hardship, the Board of Adjustment shall have the
power to extend the above time limits not to exceed six (6) months.
A certificate of occupancy shall be issued for all legal non - conforming
uses.
(f) Nothing in this ordinance shall be taken to prevent the restora-
tion of a building destroyed to the extent of not more than seventy -five
(75) per cent of its reasonable value, by fire, explosion or other casualty,
or act of God, or the public enemy, nor the continued occupancy or use of
such building or part thereof which existed at the time of such partial
destruction.
(g) Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building permit
has been heretofore issued, and plans for which are on file with the
Building Commissioner at the time of the passage of this ordinance, and
the construction of which in either case shall have been started and
diligently prosecuted within six (6) months of the date of such permit,
and the ground story framework of which, including the second tier of
beams, shall have been completed within such time, and which entire build-
ing shall be completed, according i►o such plans as filed, within two (2)
years from the date of the passage of this ordinance.
(h) The 1.^rful location and maintenance of commercial signs and bill-
boards existing at the time of the passage of this ordinance may be con-
tinued, although such use does not conform with the provisions hereof,
provided, however, that no structural alterations are made therein and
provided, further, that all such non-conforming signs and billboards and
their supporting members shall be completely removed by their owners not
later than three (3) years from the date of the passage of this ordinance.
(i) The foregoing provisions of Section 17 shall also apply to uses,
yards, or buildings made ncn- conforming by subsequent amendments to zoning
regulations.
SECTION 18.
HEIGHT AND AREA EXCEPTIONS.
The foregoing height and area requirements-in-the various districts
shall be subject to the following exceptions and regulations:
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HEIGHT: (a) In the Districts "A ", "B", "C -R ", "C ", "E-R", "E", and
public or semi - public buildings, hospitals, sanitariums, or schools,
'where permitted, may be erected to a height not exceeding seventy -five
(75) feet when the front, side, and rear yards are increased an additional
foot for each foot such buildings exceed the height limit in the district
in vh ich they are located.
(b) Dvrellings in District "A", "B", "C-R "s "E'•R"s and "E" may be
increased in height by not more than ten (10) feet when two (2) side yards
of not less than fifteen (15) feet each are provided. Such dwellings,
however, shall not exceed three (3) stories in height.
(c) Parapet walls and false mansards shall not exceed more than six
(6) feet above theheight limit. Flagpoles, chimneys, cooling towers,
electric display signs, elevator bulkheads, pent houses for mechanical
equipment and storage, finials, gas tanks, water tanks, grain elevators,
stacks, silos, radio, television or microwave towers, ornamental towers,
monuments, cupolas., domes, spires, standpipes, steam boilers, air con-
ditioning equipment, and other necessary mechanical appurtenances may be
erected as to height in accordance with existing or hereafter adopted
ordinances of the City of Fort Worth; Texas..
(d) On through 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. Cn through lots more than one hundred and fifty (150)
feet 'in depth . the height regulations and basis of height measurements
for the street permitting the greater height shall apply to a depth of not
more than one hundred and fifty (1.50) feet from that street.
(e) Nothing in this ordinance shall interfere with limitation on
height of structures included in airport zoning regulations.
AREA: (f) For the purpose of side yard regulations the following
swellings with common party walls shall be considered as one (1) building,
occupying one (1) lot; semi- detached two - family and four - family dwellings
and row houses, provided that each dwelling unit shall front on a street.
(g) In computing the depth of a rear yard, for any building where
such yard abuts on an alley, one -half (2) of such alley may be assumed to
be a portion of the rear yard.
(h) No rear yard shall be required in Districts "E-R" to "K" inclu-
sive on any lot used for business or industrial purposes, the rear line
of ivhi ch adjoins a railway right-of-way or which has a rear railway track
co= .on.
(i) 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 "A" and "B" the combined floor area of all accessory build-
ings 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) s:uare feet. In the
- 35 -
case of reversed frontage, no accessory building shall be erected closer
than five (5) feet to the line of the abutting lot to the rear.
(j) Every part of a required yard or court shall be open from its
lowest point to the sky unobstructed, except for the ordinary projection
of sills, belt courses, cornices, buttresses, ornamental features and
eaves; provided, however, that none of the above projections shall extend
into a court more than six (6) inches, nor into a minimum side yard more
than twenty -four (24) inches; provided, further, that canopies or open
pcm ches having a roof area not exceeding sixty (60) square feet may pro-
ject a maximum of six (6) feet into the required front yard; open paved
terraces may project not more than ten (10) feet, and existing open porches
extending into the required front yard shall not be enclosed.
(k) No cornices shall project over the street line more than five
(5) per cent of the width of such street, and shall in no case project
more than four (4) feet.
(1) Open fire escapes, fireproof outside stairways, and balconies
may project into a side or rear yard, or court, not more than three and
one -half (32) 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.
(m) Where lots comprising forty (40) per cent or more of the front-
age on one 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, pro-
vided that this regulation shall not be so interpreted as to require a
front yard of mo:�e 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.
(n) Where an official line has been establich ed 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.
(o) The front and side yard requirements for dwellings shall be
waived where dwellings are erected above conforming commercial or
business structures.
(p) 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 suffi-
cient to cover and conceal the structure from above, and further provided
that the doors when opera, shall not project beyond the property line, and
that the structure be set back at least five (5) feet from any property
line.
- 36 -
(q) For any building used jointly for business and dwelling purposes
or commercial and dwelling purposes, the number of families permitted by
the lot area requirements per family shall be reduced in the same propor-
tion as the floor area devoted to business or commercial bears to the
entire 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.
(r) For any building providing jointly for hotel and apartment house
uses, the number of families permitted in apartments by the lot area re-
quirements per family shall be reduced in the same proportion as the total
floor area devoted to both uses.
SECTION 19. OFY-STREET PARKING AND LOADING REGULATIONS.
The term "off - street" shall mean off the right-of-way of a street or
place.
Parking for Dwellings. For all one and two - family dwellings, or any
tourist courts hereafter erected, reconstructed, altered, or enlarged,
permanent provision shall be made for off- street parking of motor passenger
vehicles for the use of occupants. Such parking shall provide space in
the side or rear yard for one vehicle for each family unit.
Parking for Apartments, Apartment Hotels, or Multiple Dwellings. For
all apartments, apartment hotels, or multiple dwellings hereafter erected,
reconstructed, altered, or enlarged, except in District 11H11, permanent
Provision shall be made for off - street storage or parking of motor passenger
vehicles for use of occupants, either on the premises or on land zoned for
commercial or industrial uses within five hundred (500) feet of the prem-
ises. One parking space shall be provided for each dwelling unit up to
ten (10) units, and two parking spaces for each three (3) units above ten
(10).
Parking for Hotels, Fraternity and Sorority Houses, Dormitories, Lodg-
ing Houses and Clubs. For all hotels, fraternity and sorority houses,
dormitories, lodging houses, and alubs, hereafter erected, reconstructed,
altered, or enlarged, except in District "H'r, permanent provision shall be
made for the off - street parking of motor passenger vehicles for the use
of occupants, either on the premises or on land zoned for commercial or
industrial uses within one thousand (1000) feet of the premises. One park-
ing space shall be provided for each two (2) guest rooms or suites of the
first twenty (20) individual guest rooms or suites; one additional parking
space for every four (4) guest rooms or suites in excess of twenty (20),
and not exceeding forty (40), and one additional parking space for each
six (6) guest rooms or suites in excess of forty (40).
Parking for Hospitals and Institutions. For all hospitals and philan-
thropic or eleemosynary institutions hereafter erected, reconstructed,
altered, or enlarged, except in District "H", permanent provision shall be
made for the off - street parking of motor passenger vehicles for use of
— 37 —
'occupants, or patrons, either on the premises or on land zoned for commer-
cial or industrial uses within one thousand (1000) feet of the premises, or
approved by the Board of Adjustment under provision of Section 20, Para-
graph (c), Item (16). One (1) parking space shall be provided for each
one thousand (1000) square feet of floor space in said buildings.
Parking for Places of Assembly. For every structure or part thereof
hereafter erected, reconstructed, altered or enlarged, to be used as an
auditorium, stadium, theater or other place of public assembly, except
in District "H", permanent provision shall be made for the off - street
parking of motor passenger vehicles for the use of occupants, patrons, or
customers, either on the premises, or on land zoned for commercial or
industrial uses within one thousand (1000) feet of the premises, or
approved by the Board of Adjustment under provision of Section 20, Par-
agraph (c), Item (16). One (1) parking space shall be provided for each
ten (10) seats of the total audience seating capacity of the main auditor-
ium of such building.
Parking for Office or Professional Buildings. For all office or
professional buildings hereafter erected, reconstructed, altered, or en-
larged, except in District «H11, permanent provision shall be made for the
off- street parking of motor passenger vehicles for the use of occupants,
patrons, or customers, either on the premises, or on land zoned for com-
mercial or industrial uses within one thousand (1000) feet of the prem-
ises, or approved by the Board of Adjustment under provision of Section
20, Paragraph (e). One (1) parking space shall be provided for each one
thousand (1000) square feet of gross floor area, except basement space
and other areas within the building used for parking motor passenger
vehicles.
Parking for Commercial Buildings. For all commercial buildings here -
Ler erected, reconstructed, altered, or enlarged, except in District
"H", permanent provision shall be made for the off - street parking of motor
passenger vehicles for the use of occupants, patrons or customers, either
on the premises, or on land zoned for commercial or industrial uses within
one thousand (1000) feet of the premises, or approved by the Board of
Adjustment under provision of Section 20, Paragraph (e). One (1) parking
space shall be provided for each two hundred and fifty (250) square feet
of gross floor area or fraction thereof, over and above one thousand (1000)
square feet, except basement space and other areas within the building used
for parking motor passenger vehicles.
Parking for Industrial Buildings. For all industrial buildings
hereafter erected, reconstructed, altered, or enlarged except in District
"H", permanent provision shall be made for the off - street parking of motor
passenger vehicles for the use of occupants, patrons, or customers, either
on the premises, or on land zoned for commercial or industrial uses within
one thousand (1000) feet of the premises, or approved by the Board of
Adjustment under provision of Section 20, Paragraph (e). One (1) parking
space shall be provided for each four (4) employees, calculated on the
basis of maximum number of plant employees.
- 38 -
Loading Space for Business, Commercial or Industrial Buildins. All
business, commercial or industrial buildings, hospitals, institutions, or
hotels hereafter erected, reconstructed, altered, enlarged, or converted,
except in District IIH", shall provide adequate permanent off - street facil-
ities for the loading and unloading of merchandise and goods within or
adjacent to the building, in such a manner as not to obstruct the freedom
of traffic movement on the public streets or alleys.
Parking and Loading Exceptions. The above provisions of Section 19
regarding off - street parking and loading, except for all one and two- family
dwellings, shall not apply to buildings existing at the time of the passage
of this ordinance unless the use of such buildings is changed, or unless
such buildings are enlarged more than twenty -five per cent (25 %) of their
floor area (exclusive of basements, porches and accessory buildings). In
case of such enlargement over twenty -five per cent (25 %) or in case of
change of use parking shall be provided as above required for the entire
building.
SECTION 20. BOARD OF ADJUSTMENT.
A Board of Adjustment is hereby established. The word IlBoard" when
used in this Section shall be construed to mean the Board of Adjustment.
The Board shall consist of five (5) members who shall be freeholders
appointed by the Mayor and approved by the City Council. The organization
and procedure of the Board, its meetings, method of handling appeals, and
other related matters, shall all be in conformity with the provisions of
Section 7 of Chapter 283 of the Acts of the 40th Legislature, Regular
Session (1927), being House Bill No. 87.
Jurisdiction: The Board shall hear and decide appeals where it is
alleged there is error in any order, requirements, decision or determina-
tion made by the Building Commissioner in the enforcement of this ordi-
nance, and it shall have the following powers.
(a.) To permit, after public notice and hearing, the extension of a
use where the boundary line of a district divides a lot in a single owner-
ship at the time of the passage of this ordinance, but not to exceed one
hundred (100) feet.
(b) To permit, after public notice and hearing, a temporary building
for commerce or industry in a dwelling district which is incidental to the
residential development, such permit to be issued for a period of not more
than one (1) year.
(c) To permit, after public notice and hearing, the location of any
of the following uses in a district where not otherwise permitted:
I. Amusement parks, commercial baseball or athletic fields,
race tracks, circuses, carnivals, fairgrounds, fiestas,
and street fairs.
2. Aviation fields, airports or aircraft landing areas.
- 39 -
3. Cemeteries, mausoleums; or crematories for the disposal of
the human dead.
4. Community recreation or welfare centers, owned and operated
by non -profit organizations.
5. Drive -in theaters after a report from the Traffic Engineer.
6. Golf driving ranges.
7. Greenhouses.
8. Gun clubs, skeet shoots, or target ranges.
9. Hospitals for mental patients, alcoholics, or contageous
diseases, or penal or correctional institutions.
10. Quarries, mines, sand or gravel pits or excavations for the
purpose of removing, screening, crushing, washing or storage
of ore, clay, stone, gravel or similar materials, provided
however, that no permit shall be issued unless and until
the site, location, and plan of operation, including neces-
sary structures, has been submitted to and approved in
writing by the Board, which permit shall be for a limited
period of time designated by the Board.
11. Radio, televisicn, or micro wave broadcast or relay toviers
under such safeguards as the Board may require.
12. Sanitary fills.
13. Reservoirs, wells, towers, filter beds, or water supply
plants.
14. Riding stables and tracks.
15. Sewage, refuse, or garbage disposal plants.
16. Semi- public parking areas.
17. Tourist cabins, trailer courts, (Ordinance No. 1986), or
motels in an "E" Commercial or less restricted district,
subject to any ordinances or regulations for tourist
cabins, trailer courts or motels.
18. Buildings or the use of premises for public utility purposes
or public service corporations, which buildings or uses the
Board deems reasonably necessary for public convenience,
safety, health or welfare.
(d) To permit, after public notice and hearing, a group housing
project of three or more buildings on a plot of land not subdivided into
customary streets and lots, under the following conditions:
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L
1. That in the opinion of the Board, the property adjacent to
the area included in the plan will not be adversely affected.
2. That the plan is consistent with the intent and purpose of
this ordinance to promote health, safety, morals or general
welfare.
3. That the buildings shall be used only for single- family
dwellings, two - family dwellings, or multiple dwellings and
the usual accessory uses such as garages, storage space
and community activities, including churches.
4. That the average lot area per family contained in the site,
exclusive of the area occupied by streets, will be not less
than the lot area per family required in the district in
which the development is located.
5. That the clearance from all boundary lines of the tract shall
be not less than that required by the yard requirements of
this ordinance, if the buildings were located on individual
lots; and the distance between individual buildings shall
be not less than twenty (20) feet.
6. That the height regulations in the district in which the
project is located shall be obberved.
(e) To permit, after public notice and hearing, as an auxiliary use,
a parking area for passenger automobiles only on a lot or lots in Dis-
tricts "A", "B", "C -R", "C", or 11D" which adjoin or are across an alley
from a lot or lots in a Commercial or Industrial District, for
use by customers of business establishments, providing such parking area
is developed as follows:
Such narking area shall be provided vai.th a permanent type of hard
aurface and shall be properly enclosed with a fence, or other suitable en-
closure, having a height of not less than three (3) feet. Such fence, or
enclosure shall observe the required yard regulations of the district in
which it is located. Any lights used to illuminate said parking area shall
be so arre.;iaed as to LLi.rect the light away from any adjoining premises in
a I.Ttric' "A", "B", "C -R", "C" or "D" and shall not be illuminated between
the hours of 10 :00 P. M. and 6 :00 A. 1.
(f) To permit, after public notice and hearing a public garage in an
"E" Commercial District under special conditions where it is deemed nec-
essary for the public convenience or welfare.
(g) ^'o permit transitional use
Districts ;,here the side of a lot in
Dist.:'icts abuts upon a lot zoned for
follov;s:
between Commercial and Dwelling
the "All One- Family or "B" 'irro- Family
commercial or industrial purposes as
On a lot in the "A" One - Family District, which sides upon a lot zoned
for commercial or industrial purposes, the Board may permit a two- family
dwelling.
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On a lot in the "B" Two- Family District, which sides upon a lot zoned
for commercial or industrial purposes, the Board may permit a four - family
dwelling.
Provided, however, that in no case shall any transitional use have a
width of more than one (1) lot, not to exceed one hundred (100) feet.
(h) To interpret the provisions of this ordinance in such a way as
to carry out the intent and purpose of the zoning map fixing the several
districts accompanying'amd'mnde,a pant of'.this ordinance where the'street
layout actually on the ground varies from the street layout as shown on
the map aforesaid, and to determine in cases of uncertainty the classifica-
tion of any use not specifically listed in this ordinance.
(i) To permit in District "B" in case of evident hardship, three or
four family apartment units in a dwelling structure established at the time
of the passage of this ordinance, provided no exterior alterations are made
and the lot area per family is observed.
(j) To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, and so that the
spirit of the ordinance shall be observed and substantial justice done.
(k) Any variance granted under the above powers of the Board shall
terminate as provided in the permit or when abandoned, and the use of such
premises shall thereafter be in conformity with the requirements of the
Zoning Ordinance.
SECTION 21. CERTIFICATE OF OCCUPANCY.
No vacant land shall be occupied or used, except for agricultural
uses, and no building hereafter erected, reconstructed, altered, or en-
larged, shall be occupied or used until a certificate of occupancy shall
have been issued by the Building Commissioner.
CERTIFICATE OF OCCUPANCY FOR A BUILDING: Dertificate of Occupancy
for a new building or the alteration of an existing building shall be
applied for coincident with the application for a building permit and said
certificate shall be issued within three (3) days after the request for
same shall have been made in writing to the Building Commissioner after
the erection, reconstruction, alteration, or enlargement, of such build-
ing or part thereof shall have been completed in conformity with pro-
visiorc of these regulations. Pending the issuance of a regular certifi-
cate of occupancy, a temporary certificate of occupancy may be issued by
the Building Commissioner for a period not exceeding six (6) months during
the completion of alterations or during partial occupancy of a building
pending its completion. Such temporary certificate shall not be construed
as in any way altering the respective rights, duties or obligations of the
owners or of the city relating to the use or occupancy of the premises or
any other matter covered by this ordinance, and such temporary certificate
shall not be issued except under such restrictions and provisions as will
adequately insure the safety of the occupants. Request for Certificate
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of Occupancy for any change in the use of a building shall be made in
.' writing at least ten (10) days in advance of such change and shall be
:vssued within three (3) days after such request if the new use is in con-
formity with the provision of these regulations.
CERTIFICATE OF OCCUPANCY FOR LAND: Certificate of Occupancy for use
of vacant land or the change in the character of the use of land as herein
provided, shall be applied for before any such land shall be occupied or
used and a Certificate of Occupancy shall be issued within three (3) days
after the application has been made, provided such use is in conformity
with the provisions of these regulations.
CERTIFICATE OF OCCUPANCY FOR A LEGAL NON - CONFORMING USE: Certificate
of Occupancy shall be required for g11 legal non - conforming uses. Appli-
cation for Certificate of Occupancy for such non - conforming uses shall be
filed within twelve (12) months from the effective date of this Ordinance,
accompanied by affidavits of proof that such non - conforming uses were not
established in violation of this Ordinance, or any previous zoning ordi-
nance.
Certificate of Occupancy shall state that the building or proposed
use of a building or land, complies with all the building and health laws
and ordinances and with the provisions of these regulations. A record of
all certificates shall be kept on file in the office of the Building Com-
missioner, and copies shall be furnished, on request, to any person having
a proprietary or tenancy interest in the building affected. (No fee shall
be charged for a Certificate of Occupancy).
No permit for excavation for any building shall be issued before appli-
cation has been made for Certificate of Occupancy.
SECTION 22. PERMITS.
All applications for building permits shall be accompanied by a draw-
ing or plat, in duplicate, showing the lot plan, the location of the build-
ing on the lot; accurate dimensions of building and lot and such other
information as may be necessary to provide for the enforcement of these
regulations. This plat shall be prepared after the lot has been staked by
a competent surveyor. A careful record of the original copy of such appli-
cations and plats shall be kept in the office of the Building Commissioner
and the duplicate copy shall be at the building at all times during con-
struction.
SECTION 23. BOUNDARIES OF DISTRICTS.
V here uncertainty exists with respect to the boundaries of the various
districts, as shown on the map accompanying and made a part of this ordi-
nance, the following rules shall apply:
(a) The district boundaries are either streets or alleys unless
otherwise shown, and where the districts designated on the map accompany-
ing and made a part of this ordinance are bounded approximately by street
or alley lines, said street or alley shall be construed to be the boundary
of such district.
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(b) Where the district boundaries are not otherwise indicated and
where the property has been or may hereafter be divided into blocks and
,lots, the district boundaries shall be construed to be lot lines, and
,where the districts designated on the map accompanying and made a part of
this ordinance are bounded approximately by lot lines, said lot line shall
be construed to be the boundary of such districts unless said boundaries
are otherwise indicated on the map.
(c) In unsubdivided property, the district boundary lines on the map
accompanying and made a part of this ordinance shall be determined by use
of the scale contained on such map, unless dimensions are shown.
SECTION 24. INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this ordinance, they
shall be held to be the minimum requirements for the promotion of saf ety,
health, convenience, comfort, prosperity, or general welfare. It is not
intended by this ordinance to interfere with or abrogate or annul any
easements, covenants or other agreements between parties, provided, how-
ever, that where this ordinance imposes a greater restriction upon the use
of buildings or premises or upon height of buildings, requires larger open
spaces than are imposed or required by other ordinances, rules, regulations
or by easements, covenants or agreements, the provisions of this ordinance
shall govern.
SECTION 25. CHANGES AND AMENDDENTS.
(a) The City Council of the City of Fort Worth may from time to time,
on its own motion, or on petition and after report by the Zoning Commission
and after hearing and public notice of such hearing given by one (1) publi-
cation in the official newspaper at least fifteen (15) days before the
time of hearing, amend, supplement or change the regulations and districts
herein or subsequently established. Whenever the owners of fifty (50) per
cent or more of the area of all the property within a radius of two hundred
(200) feet of any area proposed to be changed shall present to the Council
a petition duly signed and acknowledged by them, requesting any such amend-
ment, supplement or change of the regulations prescribed for such district,
or part thereof, the Council shall act upon such petition within ninety
(90) days after the filing thereof. In case, however, of a protest against
a change, signed by the owners of twenty (20) per cent or more either of
the area of the lots included in such proposed change, or of those immedi-
ately adjacent in the rear thereof extending two hundred (200) feet there-
from, or of those directly opposite thereto extending two hundred (200)
feet from the street frontage of such opposite lots, such amendment shall
not become effective except by a favorable vote of three - fourths (3/4 ths)
of all the members of the City Council.
(b) Written notice of all public hearings on proposed changes in
classification shall be sent to all owners of property, or to the person
rendering the same for city taxes, affected by such proposed changes of
classification and to all owners of property, or to the person rendering
the same for city taxes, located within two hundred (200) feet of any
property affected thereby within not less than ten (10) days before any
such hearing is held. Such notice may be served by using the last known
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oaddress as listed on the city tax roll and depositing the same, postage
paid, in the United States post office.
SECTION 26. VALIDITY.
Should any section, clause or provision of this ordinance be declared
by the Court to be invalid, 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 27. ENFORCEMENT, LEGAL PROCEDURE, PENALTIES.
It shall be the duty of the City Manager through the proper depart-
ment to enforce this ordinance.
Any person, firm or corporation who violates, X- sobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the pro-
visions of this ordinance shall be fined not less ttan rive (5) dollars
nor more than two hundred (200) dollars for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 28. SAVING CLAUSE.
That all rights or remedies of the City of Fort uVorth, Texas, are
expressly saved as to any and all violations of Ordinances Number 2082,
2110, 2117, 2429, 2434, 2437, 2514, 2570, 27453 2751, 2777, and 2803 or of
any zoning ordinance or amen- invents thereto, of said Ci-;,y of Fort Worth,
Texas, that have accrued at t,e time of the effective date of this ordi-
nance; and as to such accrued violation, the court shall have all the
powers that existed prior tc the effective date of this ordinance; and
that all existing violations of previous zoning ordinances which would
otherwise become non- conformLng uses under this ordinance, shall not be-
come legal non - conforming uses under this ordinance but shall be considered
4s violations of this ordinance in the same manner that they were viola-
tions of prior zoning ordinances of said city.
SECTION 29. DIGEST AND REVISION CLAUSE.
This ordinance constitutes a digest and revision of the zoning ordinances
of the City of Fort Worth as provided by Section 2, Chapter XXVI of the
Charter of said City, and the City Secretary is hereby directed to publish
this in pamphlet form for general distribution among the public.
' - SECTION 30. WHEN EFFECTIVE.
The fact that the present ordinances governing zoning in the City of
Fort Worth are deemed inadequate and there are conditions existing in said
City endangering the convenience, safety and welfare of the public which
create an emergency and public necessity in the preservation of the public
health and safety thereof, the City Secretary shall have this ordinance
published promptly in pamphlet form as provided in Section 29 hereof, and it
shall become a law and be in full force and effect from and after such
publication.
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I, E. S. Birdsong, City Secretary - Treasurer of the City of Fort Worth,
do hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 3011, adopted by the City Council at a regular meeting
held Wednesday, the 26th day of November, A. D. 1952. Effective January
1, 1953•
(Seal)
(Signed) E. S. BIRDSONG,
City Secretary - Treasurer.
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