HomeMy WebLinkAboutOrdinance 17822-10-2007ORDINANCE NO. 17822-10-2007
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896,
AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, TO AMEND SECTION 7.106,
"NONCONFORMING LOT OF RECORD" OF CHAPTER 7,
"NONCONFORMITIES", TO ALLOW CONSTRUCTION OF
DETACHED ONE-FAMILY DWELLINGS AND ASSOCIATED
ACCESSORY STRUCTURES ON CERTAIN NON-CONFORIVIING
LOTS, TO .ALLOW A DETACHED ONE-FAMILY DWELLING
ON A NONCONFORMING LOT TO BE REBUILT TO THE
ORIGINAL FOOTPRINT, AND TO PROHIBIT CONSTRUCTION
ON OTHER NON-CONFORMING LOTS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND NANIING AN
EFFECTIVE DATE.
WHEREAS the zoning and platting pattern of certain detached single-family
neighborhoods permits the subdivision of lots and/or the construction of dwellings on lots
that are incompatible with the prevailing single-family neighborhood character; and
WHEREAS the City of Fort Worth promotes the rezoning of single-family
neighborhoods in accordance with the prevailing use and lot size and with the
Comprehensive Plan, and desires to mitigate the impact of creating legal non-conforming
lots due to the rezoning of logical single-family districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Section 7.106 "Nonconforming Lot of Record" of Chapter 7, "Nonconformities",
of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to
allow construction and reconstruction of detached one-family dwellings and associated
accessory structures on certain non-conforming platted lots, to read as follows:
Sec. 7.106. Nonconforming lot of record.
1. Where a lot of record created by plat has less width or lot area than
this ordinance requires in the "A-2.SA" One-Family through the "A-5"
One-Family residential zoning districts, the district standard for lot width
or lot area shall not prohibit the erection of a detached one-family
dwelling or an accessory structure associated with a detached one-family
dwelling as allowed by the applicable one-family zoning district standards,
provided that:
a. The lot size is at least 5,000 square feet and the lot width is at
least 50 feet; or
b. In an A-5 One Family district, the lot size and lot width do not
vary more than ten percent (10%) from the applicable standard.
In accordance with the Subdivision Ordinance, property may not be
platted or replatted into lots that do not meet the minimum lot width or lot
size required by the applicable zoning district.
2. Where a lot of record created by plat has less width or lot area than
this ordinance requires in the "A-2.SA" One-Family through the "A-5"
One-Family residential zoning districts, the district standards shall not
prohibit the reconstruction of a detached one-family dwelling to the
original footprint of the dwelling, provided such reconstruction is
necessary due to fire, explosion or other casualty, act of God, or the public
enemy. The owner must apply for a building permit within two years of
the original destruction.
3. A detached one-family dwelling may not be constructed or
reconstructed on a nonconforming lot of record unless:
a. Permitted under paragraph 1 or 2 above, or
b. The combined lot area and lot width of the non-conforming lot
with an adjacent lot or lots under the same ownership comply
with the zoning standards of the district.
SEC'I'I®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
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Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Ordinances No. 3011, 13896 and any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 5.
All other provisions of Section 2.101 of the Zoning Ordinance of the City of Fort
Worth not herein amended shall remain in full force and effect.
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SECTION 6.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation exists shall constitute a separate offense.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
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Assistant City orney
ADOPTED: ~ U `- ~~'
EFFECTIVE: ~, ~~~ ~
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