HomeMy WebLinkAboutOrdinance 20984-10-2013 ORDINANCE NO. 20984-10-2013
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 AMENDING SECTION 6.101."YAl;WS99,
SUBSECTIONS D. "FRONT YARD SETBACKS" AND E.
"ESTABLISHED FRONT YARD SETBACKS" TO REVISE FRONT
YARD SETBACK REGULATIONS; AND RENUMBER; 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, 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, on January 21, 2004, the City Council adopted Ordinance Number 15826
amending 6.101 "Yards" to delete setback averaging and establishing new front yard setbacks,
but amended the proposed language to require the setback of the building on either side furthest
to the street; and
WHEREAS, requiring the setback to the greatest of the platted building line; the setback
for the applicable district or the setback of the nearest building on either side that is closest to the
street has created difficulties for lot owners constructing on infill and large lots; and
WHEREAS, it is advisable to amend the zoning ordinance related to front yard setbacks
to allow construction consistent along the existing blockface;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Ordinance No. 20984-10-2013
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SECTION 1.
Chapter 6 "Development Standards" of Ordinance No. 13896, the Zoning Ordinance of
the City of Fort Worth, is hereby amended to revise Article I "General", Section 6.101 "Yards",
to revise the language in Subsection D. "Front Yard Setbacks"; to delete the language in
Subsection "E" Established Front Yard Setback" to renumber the remaining subsections and
remove any duplicative language as it relates to front yard setbacks to read as follows:
6.101 Yards
A. Yards to remain unobstructed. Every part of a required yard shall be open from its lowest
point to the sky unobstructed, except that:
1. Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and
ornamental features may project not more than six inches into a required yard; and
2. Eaves may project not more than 36 inches into a required yard.
3. A terrace garage in any residential district 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 sufficient to cover and conceal the structure from above, and further
provided that the doors when open, shall not project beyond the property line, and
that the structure shall be set back at least five feet from any property line.
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 may not be set
closer than 15 feet from the front property line on a local street and ten feet on a
limited local street.
B. Multifamily/nonresidential districts adjacent to residential districts.
1. For comer lots in multifamily and nonresidential districts that abut the front yard of a
lot with residential zoning, the exterior minimum side yard requirements shall be the
same as the front yard requirements of the adjacent residential lot.
2. Structures are not permitted to be located in this yard area, nor can such area be used
for signage, garbage collection, loading and/or parking of vehicles, any type of
storage, or any nonresidential activity,
3. This required yard area shall not be graveled or hard-surfaced, but shall be maintained
as open green space, save and except for necessary driveways.
Ordinance No. 20984-10-2013
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C. Multifamily/nonresidential districts across the street from residential districts.
1. Zero Lot LinelCluster ("RI") and Townhouse/Cluster ("R2 ) Districts. For Zero Lot
Line/Cluster ("RI") and Townhouse/Cluster ("R2") Districts that fronts a public or
private street classified as a residential or collector street and that are across the street
from a One-Family Residential or a Multifamily District, the front, side and rear
setback requirements shall be the same as the setback requirements for the residential
or multifamily district.
2. Nonresidential Districts. Property located in "FR" through "K" districts that frontsa
public or private street classified as a residential or collector street and that is across
the street from a One-Family Residential or a Multifamily District, the front, side and
rear setback requirements shall be the same as the setback requirements for the
residential or multifamily district.
3. The setback requirement shall apply to the entire front, side or rear yard and shall not
be limited to the portion of the property that is directly across the street from a
residential district. The setback requirement shall extend through the entire block
face.
D. Front yard setbacks.
1. The front yard setback in residential districts shall be the greatest of.
a.—The platted building line; or
b.-The setback for the applicable zoning district; or
c.. The setback of the nearest building on either side that is the closest to the street,
up to a maximum setback of fifty (50) feet, provided that said setback is not the
result of a variance granted by the Board Of Adjustment. This requirement is
applicable only if homes have been constructed on at least 40% of the lots within
the blockface. This requirement does not apply to properties within a cul-de-sac.
2. Where 60 percent 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.
E. Through lots. If the rear frontage of a through lot is on an arterial or wider street, the rear
yard setback standards for the applicable district apply. If the rear frontage of a through
lot is located on a local or collector street, the front yard setback standards of the
applicable district shall apply.
All other subsections of Section 6.101, "Yards" shall remain in full force and effect.
Ordinance No. 20984-10-2013
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F. Projected front yard setbacks.
1. Corner lot.
a. Where a corner lot abuts on the side of a lot facing the other intersecting street,
there shall be a side yard on the corner lot equal to the front yard required on the
lot adjacent to the rear of the comer lot or separated only by an alley.
b. Where a comer lot abuts the rear of a lot with a greater side yard setback, there
shall be a side yard on the comer lot equal to the side yard required on the lot that
abuts to the rear of the corner lot or separated only by an alley.
lido 811-1
ro acted ront Yard
Corner Lot ai Adjacent
Lot
Picture 6.3 Projected Front Yard Setback, Comer Lot
2. Interior lot. Where an interior lot abuts another zoning district, there shall be a
projected front yard equal to the most restrictive front yard required on any lot in the
same block face.
Lot 3 Lot A lot 5 L
Lot I Lot X. at 6
A
St r a a I ........
Picture 6.4 Projected Front Yard Setback, Interior Lot
G. Rear yard exception adjacent to railway. No rear yard shall be required in the "ER" to
"K" districts inclusive on any lot used for business or industrial purposes, the rear line of
which adjoins a railway right-of-way or which has a rear railway track connection.
H. Yards and official line for fiaure rights-of-way. Where an official line has been
established 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. No commercial or industrial building shall be located closer than 30 feet to the
centerline of the street.
Ordinance No. 20984-10-2013
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IN
1. Historic overlay district setbacks. Where the historic district 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 setbacks established in the historic
district, regardless of whether said setback is the result of a variance granted by the board
of adjustment.
SECTION 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 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.
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.
Ordinance No. 20984-10-2013
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SECTION 5.
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 may be
prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Foil 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 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
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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By:
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sistant City Attorney Mary J. K4 Jer, City secretary 4
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ADOPTED: October 7, 2013
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EFFECTIVE(--
Ordinance No. 20984-10-2013
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