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HomeMy WebLinkAboutOrdinance 16924-05-2006ORDINANCE NO. 16924-OS-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT 'WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTIONS 4.704 "ONE-FAMILY (A- 7.5") DISTRICT AND 4.705 "ONE-FAMILY ("A-5") DISTRICT OF ARTICLE 7, "RESIDENTIAL DISTRICT'S" OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD MINIMUM FRONT YARD SETBACKS FOR LIMITED I.,OCAL STREETS AND REDUCED SIDE AND REAR YARD SETBACKS FOR DETACIIED GARAGES BEHIND THE REAR WALL OF THE RESIDENCE FOR ONE-FAMILY "A-5" AND "A-7.5" DISTRICTS; TO AMEND SECTION 6.101 "YARDS" OF ARTICLE 1 "GENERAL" OF CHAPTER 6, "DEVELOPMENT STANDARDS" TO ALLOW A DECREASED SETBACK FOR AN OPEN PORCH OR PATI®, PROVIDING THAT THIS ORDINANCE SHALL SE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council to protect the future viability of residential property and neighborhoods through proper design and development standards, and; WHEREAS, the long term viability of a neighborhood is dependent upon adequate development standards, and; WHEREAS, the City Council created a special commission made up of developers, neighborhood associations, citizens, architects and non-profit interests to evaluate amendments to the Zoning Ordinance to support long term sustainability and benefit of residential neighborhoods to the City, and; WHEREAS, this committee made recommendations regarding single family development standards, architectural features and improved neighborhood identity; and WHEREAS, it is advisable to amend the Zoning Ordinance to incorporate those recommendations in order to protect the future viability of residential property; NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COI~NCIL OF TIIE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Section 4.704 "One-Family ("A-7.5") District of Chapter 4, "District Regulations", Article 7, "Residential Districts", of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to add different front yard setbacks for local and limited local streets by amending the table commentary in Subsection C, "Property Development Standards," for front yard setbacks as follows: Front Yard: Local Streets: 20 feet minimum; Limited Local Streets: 15 feet minimum. SECTIOI`1 ~. Section 4.705 "One-Family ("A~S") District of Chapter 4, "District Regulations", Article 7, "Residential Districts", of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to add different front yard setbacks far local and limited local streets by amending the table commentary in Subsection C, "Property Development Standards," for front yard setbacks as follows: is amended by adding a new subsection to D. "Other Development Standards" to read as follows: Front Yard: Local Streets: 20 feet minimum; Limited Local Streets: i 5 feet minimum. SECTION 3. Section 4.704 "One-Family ("A--7.5") District of Chapter 4, "District Regulations", Article 7, "Residential Districts", of Ordinance No. 13896, the Zoning 2 Ordinance of the City of Fort Worth, is amended by adding a new subsection to D. "Other Development Standards" to read as follows: $. Side a~ad Rear 'Yard Setbacks. The side and rear yard setback for detached garages located behind the rear wall of the house may be reduced to three {3} feet. The side yard of an attached garage may be located within three (3} feet of the property line when located a minimum of eighteen (1 S} feet back of the front wall of the house. SECTS®N 4. Section 4.705 "One-Family ("A-5") District of Chapter 4, "District Regulations", Article 7, "Residential Districts", of Ordinance No. 13896, the Zoning Ordinance of the City of Fart Worth, is amended by adding a new subsection to D. "Other Development Standards" to read as follows: S. Side anal Rear "'Yard Setbacks. The side and rear yard setback for detached garages located behind the rear wall of the house may be reduced to three (3) feet. The side yard of an attached garage may be located within three (3) feet of the property line when located a minimum of eighteen (18} feet back of the front wall of the house. SECT~C~N 5. Section 6.101 "Yards" of Chapter 6, "Development Standards", of Article 1, "General" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is ereby amended to add new language to Subsection A "Yards to Remain Unobstructed" to read as follows 4. The front yard setback shall be measured from the front property line to the main wall of the structure.-An open porch or patio that has a vertical roof support znay not be set closer than fifteen (15} feet from the front property line on a local street and ten (10) feet on a limited 1aca1 street. 3 SECTION 6. 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 Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. 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 ofthis 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 ~. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to caznply 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 9. 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. 301 1, 13896 and any other 4 ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations anal all pending litigation, bath civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. ~ECT~®N 10. 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. SEC'I"ION 11. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SEC'T'I®N 12. This ordinance shall take effect upon adoption and publication as required by law. AP~R/O~V~ED AS TO FORM A,N/D~ LEGALITY: Assistant it Attorney ADOPTED: ~ ~~~ 4° EFFECTIVE: ~ ~ 5