HomeMy WebLinkAboutOrdinance 16393-04-2005ORDINANCE NO. ~,Q~~~~:. ~~~~~]I
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, BY Ali!IENDING SUBSECTION D.
"FRONT YARD SETBACKS" OF SECTION G.10LD "YARDS" T®
CHANGE THE FRONT YARD SETBACK TO THE NEAREST
BUILDING ON EITHER SIDE AND TO ALLOW INFILL
STRUCTURES TO BE CONSTRUCTED CONSISTENT WITH
THE SETBACK OF THE NEAREST BUILDING- ON EITHER
SIDE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a subcommittee of the Board of Adjustment recommended to the
City Council that certain zoning provisions be amended in order to create fewer routine
appeals for, the Board of Adjustment, the city staff and the citizens of Fart Worth;
WHEREAS, the subcommittee recommended changing front yard setbacks to
allow the setback to be the nearest building on either side closest to the street up to a
~x-um of setback of 50 feet;
WHEREAS, on January 21, 2004, the City Council adopted Ordinance Number
15826 amending Section 6.101 "Yards" to delete setback averaging and establishing new
front yard setbacks, but amended the proposed language to require the setback of the
nearest building on either side furthest to the street;
WHEREAS, requiring the setback to the nearest building on either side furthest
to the street has created diillculties far developers building in new subdivisions and lot
owners constructing on infill lots;
WHEREAS, the historic guidelines for historic districts require that infill
construction be setback consistent with the setback of the block face;
WI-IEREAS, owners of infill lots in historic districts must obtain a variance from
the Board of Adjustment in order to comply with the setback requirements of the historic
district;
WI~IEREAS, it is advisable to amend the zoning ordinance related to front yard
setbacks to allow the setback to be the nearest building on either side closest to the street
anal to allow construction in historic districts consistent with the guidelines without
requiring a variance from the Board of Adjustment;
NOW, TIEIEREFOI2E, BE IT ORDAINED BY THE CITE' COUNCIL OF
TIIE CITY OF F®RT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 6, Article 1 of Ordinance No. 13896, the Zoning Ordinance ofthe City of
Fort Worth, Section 6.101, "Yards", is amended by requiring that the setback shall be the
greatest of three prescribed setbacks and adding an alternative minimum setback for infill
structures in certain circumstances to read as follows:
6.101 Yards
D. Front Yard Setbacks
The front yard setback in residential districts shall be the greatest
of the following prescribed setbacks:
1. The platted building line;
2. The setback for the applicable zoning district; or
3. The setback of the nearest building on either side that is the
closest to the street, up to a maximum setback of 50 feet,
provided that said setback is not the result of a variance
granted by the Board of Adjustment.
Where 60% of the existing block face has been built such that the
setbacks of existing structures are less than the minimum required
setback, an infill structure may be constructed consistent with the
setback of the nearest building on either side that is closest to the
street, regardless of whether said setback is the result of a variance
granted by the Board of Adjustment.
2
All other subsections of Section 6.101, "Yards" shall remain in full force
and effect.
SECTI®l~T 2.
That this ordinance sha11 be cumulative of all other ordinances of the City of Fort
Worth affecting zoning and shall not repeal airy of the provisions of such ordinances,
except in those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTi~IlT 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. 301.1, 13896, or any amendments thereto that
have accrued at the time of the effective date of this ordinance; and as to such. accrued
violations, and all pending litigation, both civil or criminal, same shall not be affected by
this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 4.
That 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 ar section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation herein of any
such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
3
SECTION 5.
That any person, firm or corporation who violates, disobeys, o~xaits, neglects or refuses to
cornply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fnrt Worth, Texas is hereby directed to
publish this ordinance for two (2} days in the official newspaper of the City of Fort Warkh,
Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
A,PI'ItOVED AS T® FORM A.ND LEGAL~'i'Y:
A sistan /City Attorney
Adopted: L ~~~ ~
Effective:
~~
4