Loading...
HomeMy WebLinkAboutOrdinance 27545-03-2025ORDINANCE NO.27545-03-2025 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 9 "DEFINITIONS", SECTION 9.101 "DEFINED TERMS" TO REMOVE "UNIFIED RESIDENTIAL DEVELOPMENT" AND AMEND "COMMERCIAL/INSTITUTIONAL USE", "FLOOR AREA", "OPEN SPACE", "NET LAND AREA", AND "RECREATIONAL SPACE"; AMENDING CHAPTER 6, "DEVELOPMENT STANDARDS," ARTICLE 1, "GENERAL" SECTION 6.1.00, "HEIGHT" TO ADD "I" LIGHT INDUSTRIAL TO WHERE THE HEIGHT OF A BUILDING MAY BE INCREASED; AND TO AMEND VARIOUS SECTIONS OF THE ZONING ORDINANCE TO REMOVE REFERENCES TO SECTION 6.506 OF THE ZONING ORDINANCE AND "UNIFIED RESIDENTIAL DEVELOPMENT" AND REPLACE SUCH REFERENCES WITH APPROPRIATE SECTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 211 of the Texas Local Government Code ("TLGC") authorizes the governing body of a municipality to adopt zoning regulations to promote the public health, safety, morals, or general welfare and protect and preserve places and areas of historical, cultural, or architectural importance and significance; and WHEREAS, Section 211.005 of the TLGC authorizes the governing body of a municipality to divide the municipality into districts of a number, shape, and size that the governing body considers best for carrying out the provisions of Chapter 211, General Zoning Regulations, within which districts the governing body may regulate the erection, construction, reconstruction, alteration, repair or use of buildings, other structures or land; and WHEREAS, Chapter 6 "Development Standards", Article I "General", Section 6.100 "Height" allows the height of certain buildings in the "A through "F" districts, to be increased when the front, side and rear yard dimensions are each increased above the minimum requirements by one foot for each foot such building exceeds the height limit of the district in which it is Iocated; and WHEREAS, the City Manager's Office requested a text amendment to the Zoning Ordinance to add "I" Light Industrial District to the list of districts where the height of a building may be increased when the front, side, and rear yard dimensions are each increased above the Height Text Amendment Ordinance No. 27545-03-2025 Page 1 of 11 minimum requirements by one foot for each foot such building exceeds the height limit of the district in which it is located; WHEREAS, in 2018, City Council adopted Ordinance No. 23495-12-2018, which repealed Section 6.506, "Unified Residential Development", but references of such section still exist throughout the Zoning Ordinance; and WHEREAS, City staff recommends removing references of Section 6.506, "Unified Residential Development in the Zoning Ordinance to be consistent with Ordinance No. 23495-12- 2018; and WHEREAS, City staff recommends adopting the requested text amendment to add I "Light Industrial District" to the list of districts where the height of a building may be increased when the front, side, and rear yard dimensions are each increased above the minimum requirements by one foot for each foot such building exceeds the height limit of the district in which it is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 9, "Definitions", Section 9.101, "Defined Terms" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to remove "Unified residential development" and revise the following definitions: "Commercial/Institutional Use", "Floor Are", "Net Land Area", "Open Space", and "Recreational Space" and shall read as follows: COMMERCIALIMSTITUTIONAL USE (1) For the purpose of the landscape provisions of § 6.301, the following uses are considered to be commercial/institutionaI: a. Any use allowed by right in the commercial districts, including public and private schools and places of worship; district; b. Private recreation facilities in manufactured housing subdivisions in the "NM" c. Principal and special exception uses in the "CF" district; and d. The following uses, which are permitted only in "PD" districts: halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog and automotive racing. Height Text Amendment Ordinance No. 27545 -03 -2025 Page 2 of 11 FLOOR AREA. The sure total of the area of all buildings= on the uni€e�l residential developffient site excluding utility rooms and mechanical rooms, measured between the outer perimeter walls of the buildings, provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area. Courtyards or balconies open to the sky and roofs which are utilized for recreation, etc., shall not be counted in the FLOOR AREA but shall be a part of the recreational space. NET LAND AREA. All of the privately owned property embraced within the outer perimeter property lines, not including dedicated public streets. Dedicated rights -of -way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in net land area. Where Iand is dedicated for future opening or widening of a public street such land shall not be computed as net land area. OPEN SPACE. For the purposes of calculating open space yea the net Iand area minus all building footprints, parking areas, access drives and fenced patios. OPENSPACE must be open to the sky and cannot be paved, except for necessary sidewalks, active recreation areas and patios that are adjacent to dwelling units and not enclosed by a fence. RECREATIONAL SPACE. F^r- the purposes e f § ti 506, outdoe Outdoor space which is made available and maintained in a suitable condition to afford occupants space for passive and active recreational pursuits to the exclusion of all other uses and/or recreation rooms or buildings available to all occupants of the development. developed in aeeer-danee with the unified residential develepEnent pr-avisiens ef § E.�06 on atfaet SECTION 2. Chapter 6, "Development Standards", Article 1, "General," Section 6.100, "Height" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise 6.100 "Height" to add "I" Light Industrial District to where height may be increased; to remove references to "6.506" and "unified residential development"; and shall read as follows: § 6.100 HEIGHT. The height, area, and setback requirements in the various districts in Chapter 4 shall be subject to the following exceptions and regulations. (a) Except for multifamily developments subject to the • nifiod residential ^ of s 6.506 in &§ 4.710, 4.711, and 4.7I2, the height of a building in the "A through "F" districts, and Height Text Amendment Ordinance No. 27545-03-2025 Page 3ofII "I" district, may be increased when the front, side and rear yard dimensions are each increased above the minimum requirements by one foot for each foot such building exceeds the height limit of the district in which it is located. (b) Except for multifamily dwellings developed in accordance with the ,,.,: oa�� 4.710, 4.711 and 4.712, the height of a building shall be the vertical distance measured from the curb Ievel 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 Ievel between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where 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. Building Height (c) Height in multifamily residential developments constructed in accordance with —the development, in U 4.7I0, 4.711,_ and 4.712 shall be measured from the top of the finished slab to top of the highest wall top plate. (d) Except for multifamily dwellings developed in accordance with §§ 4.710, 4.711, and 4.712 , on through lots 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 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 150 feet from that street. (e) EIevator penthouses or bulkheads; mechanical equipment rooms; cooling towers; tanks; enclosed stairwells; and ornamental cupolas and domes; signs and spires may be erected on buildings to any height not prohibited by any other law, code or regulation. (0 Nothing in this ordinance shall interfere with limitation on height of structures included in the airport zoning regulations in §§ 3-260 et seq. of the city code. Height Text Amendment Ordinance No. 27545-03-2025 Page 4 of 11 SECTION 3. Chapter 6, "Development Standards", Article 2, "Off -Street Parking and Loading," Section 6.201, "Off -Street Parking Requirements" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 6.201(b)(2) "Maximum parking requirements", "Residential", to remove "unified residential development" and shall read as follows: Use Requirement Residential Residential unit: one- I to 4 spaces per dwelling unit (see individual districts for details) family up to four family Multifamily residential I space per bedroom plus I space per 250 square feet of common areas, (unifiedresidentialoffices and recreation (less laundry rooms and storage); 2 spaces may be develepmeti) tandem if assigned to the same unit and restricted from use for storage SECTION 4. Chapter 6, "Development Standards", Article 3, "Landscaping, Buffers and Urban Forestry" Section 6.301, "Landscaping" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 6.301(g)(3) "Exemptions from landscape requirements", to remove "6.506" and "unified residential development" and shall read as follows: (g) Exemptions from landscape requirements. The following are not subject to these landscape requirements: (3) Construction or expansion of multifamily and mixed use developments 9jec�e in §§ 4.710, 4.711, and 4.712; SECTION 5. Chapter 5, "Supplemental Use Standards", Article 3, "Accessory Uses" Section 5.305, "Fences" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 5.305(a)(15) "Fences required", to remove "6.506" and "unified residential development" and shall read as follows: (a) Fences required. Fences are required as follows. (15) A screening fence shall be constructed on property lines of multifamily residential developments pf unified residefAi l ,developments adjacent to a one- or two-family residential district in accordance with+6306(d) &&.710 44.711, and 4.712. Height Text Amendment Ordinance No. 27545-03-2025 Page 5 of 11 SECTION 6. Chapter 6, "Development Standards", Article 2, "Off -Street Parking and Loading," Section 6.202, "Parking Lot Design Standards" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 6.202(c)(4) "Parking Lot Layout Dimensions", "Driveways" to remove "6.506" and "unified residential development" and shall read as follows: (c) Driveways. (4) Except for multifamily residential developments developed in accordance to §§ 4.710 4.711, and 4.712 unified a . sideiAial deyel,..,., eat : er-d. nee with § 6.506, driveways designated as fire Ianes shall meet the standards of the fire code. SECTION 7. Chapter 4, "District Regulations", Article 1, "General," Section 4.103, "Compliance with District Standards" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.103(g)(1), to remove "unified residential development" and "6.506" and to read as follows: (g) Every dwelling hereafter erected, reconstructed, altered or enlarged shall be located on a lot of record unless: (1) The dwelling is an integral part of a multifamily development SECTION S. Chapter 4, "District Regulations", ArticIe 3, "Planned Development ("PD") District," Section 4.306, "Property Development Standards" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.306(d) "Property Development Standards", to remove "unified residential development" and "6.506" and read as follows: (d) The parking requirements of Chapter 6, Article 2 shall apply to all commercial and industrial uses in the "PD" district. Parking requirements for apartments and multifamily dwellings in the "PD" district shall be determined in accordance with the development provisions in § § 4.710 4.711, and 4.712. Height Text Amendment Ordinance No. 27545-03-2025 Page 6 of 1 I SECTION 9. Chapter 4, "District Regulations", Article 7, "Residential Districts," Section 4.708, "Zero Lot Line/Cluster ("R1") District" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.708(b)(6)(iii) "Zero Lot Line/Cluster ("RI") District", "Cluster housing in the "R1" district", "Development Plan", to remove "unified residential development" and "6.506" and shall read as follows: 6. De>elopment plan. iii. A development plan shall be reviewed as a site plans under the r-equirements-ef SECTION 10. Chapter 4, "District Regulations", Article 7, "Residential Districts," Section 4.709, "Townhouse/Cluster CRT") District" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.709(d)(3)(f)(3) "Townhouse/CIuster ("R2") District", "Other development standards", "residential design standards" "Development plan", to remove "unified residential development" and shall read as follows: f. Development plan. 3. A development plan shall be reviewed as a site plan_ _ La lf1T.��;erAW SECTION 11. Chapter 4, "District Regulations", Article 7, "Residential Districts," Section 4.710 "Low Density Multifamily ("CR") District" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Sections 4.710(c)(3)(b)(2), 4.710(d)(1), 4.710(d)(3) to remove "6.506" and "unified residential development" and shall read as follows: b. Commentary. 1. Carports, not allowed in front of building line or in required yards, see §§ 6.300(b) and 6.101(a). 2. Fences, up to five feet high in front yard and projected front yard for one -family and two-family residential dwellings per regulations in § 5.305(b)(2); six -feet high in the front yard for multifamily developments in §§ 4,710, 4.711, and 4.712 subjeet to the Unified Resi eRtial Fe any f § 6c"6 as constructed under § 5.305(b)(3). (The design Height Text Amendment Ordinance No. 27545-03-2025 Page 7 of 11 may include masonry columns to a maximum height of six feet, six inches); two feet high in public open space easement and eight feet high behind front yard. (d) Other development standards. Development in the Iow deinsity multifamily ("CR") district may be subject to a variety of general development standards, including, but not Iimited to the following. (1) Signs. r-or- development net subjeet to the unified residential pr-evisiens e Developments are subject to the following: a. An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area; and b. An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade and shall be placed a minimum of ten feet behind the property Iine. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. (2) Parking. One- and two-family residential development shall meet the parking requirements for the selected district. For multifamily and nonresidential parking requirements see Chapter 6, Development Standards, Article 2, Off -Street Parking and Loading, § 6.200. (3) Residential design standards. For one -and two-family residential development, see the selected district and also see Chapter 6, Development Standards, § 6.507, Single - Family Residential Design Standards. For multifamily development, see S4 4.710, 4.711, and 4.712. SECTION 12. Chapter 4, "District Regulations", Article 11, "Inactive Districts," Section 4.1100, "Multifamily Highrise ("D-HRI") District" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.1100(d)(2)-(3) "Multifamily Highrise ("D-HR1") District", "Height and area regulations", to remove "6.506" and "unified residential development" and shall read as follows: (d) Height and area regulations. (2) Multifamily residential development shall conform to the provisions outlined in && 4.710, 4.711, and 4.712 and those for the "D" district. Height Text Amendment Ordinance No. 27545-03-2025 Page 8 of 11 (3) One- and two-family dwelling units must meet the regulations of the "A," "AR," "B," "RI" or "R2" districts. SECTION 13. Chapter 4, "District Regulations", Article 11, "Inactive Districts," Section 4.1101, "Multifamily Highrise ("D-HR2") District" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Section 4.1101(d)(2)-(3) "Multifamily Highrise ("D-HR211) District", "Height and area regulations", to remove references to "6.506" and "unified residential development" and to read as follows: (d) Height and area regulations. (2) Multifamily residential development shall conform to the provisions outlined in § §§ 4.710, 4.711, and 4.712 and those for the "D" district. (3) One- and two-family dwelling units must meet the regulations of the "A," "AR," "B," "RI" or "R2" districts. SECTION 14. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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 15. 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 Height Text Amendment Ordinance No. 27545-03-2025 Page 9 of 11 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 16. 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 17. 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, 21653 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 may be prosecuted until final disposition by the courts. SECTION 18. 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 19. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. Height Text Amendment Ordinance No. 27545-03-2025 Page 10 of 11 SECTION 20. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: 1-,� Christopher Austria, Senior Assistant City Attorney ADOPTED: March 11.2025 EFFECTIVE. Jannette S. Goodall, City Secretary Height Tent Amendment Ordinance No. 27545-03-2025 Page It of 11