HomeMy WebLinkAboutOrdinance 20985-10-2013 ORDINANCE NO. 20985-10-2013
AN ORDINANCE AMENDING THE COMPREHENSIVE 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
(1986), TO AMEND SECTION 6.13 OF THE NEAR SOUTHSIDE
DEVELOPMENT STANDARDS AND GUIDELINES AS
PROVIDED BY SECTION 4.1305.D., "OTHER DEVELOPMENT
STANDARDS" OF CHAPTER 4, "DISTRICT REGULATIONS" OF
ARTICLE 13, "FORM BASED DISTRICTS", OF SECTION 4.1305,
"NEAR SOUTHSIDE ("NS") DISTRICT" TO PROVIDE FOR THE
PERCENTAGE OF GROSS FLOOR AREA IN "N" ZONES FOR
BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, in November 2007, the City Council created the Near Southside
Zoning Districts to encourage high quality, pedestrian-oriented development in the near
Southside; adopted the Near Southside Development Standards and Guidelines as part of
the Zoning Ordinance; and established the Urban Design Commission and staff to
administer those design standards; and
WHEREAS, in July 2008 and February 2011, the City Council adopted
amendments to the Near Southside Zoning Districts to provide clarity and correct
inconsistencies; and
WHEREAS, Fort Worth. South .Inc. has provided input and worked with staff on
the proposed amendments to the Near Southside Development Standards and Guidelines
and has endorsed the proposed amendments, and
WHEREAS, since the creation of the Near Southside Districts and the
implementation of the Near Southside Development Standards and Guidelines several
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developments within the Neighborhood Zones have occurred which have prompted this
proposed amendment to ensure sufficient residential density is achieved in these zones;
and
WHEREAS, it is advisable to amend the Near Southside Development Standards
and Guidelines in order to further promote desirable development that is consistent with
the urban design and economic development goals for the Near Southside District; and
WHEREAS, it is advisable to amend Section 4.1305.D. to remove language
related to metal buildings that is not applicable to the Near Southside zoning district; and
WHEREAS, Section 4.1305.D. of the Zoning Ordinance entitled "Other
Development Standards" requires that any revisions to the Near Southside Development
Standards and Guidelines must be considered by the Urban Design Commission, the
Zoning Commission and the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH,TEXAS AS FOLLOWS:
SECTION 1.
The Near Southside Development Standards and Guidelines is hereby amended as
set out in Exhibit "A", attached and hereby incorporated by reference into Ordinance No.
13896, the Zoning Ordinance, Chapter 4 "District Regulations", Article 13, "Form Based
Districts", Section 3.1305, "Near Southside ("NS"), subsection D "Other Standards", to
provide clarification to section 6.B. "Special Requirements in "N" Neighborhood and
"R" Restricted Zones of the Near Southside Development Standards and Guidelines to
provide for the percentage of gross floor area in "N" zones for buildings; to read as
follows:
Ordinance No. 20985-10-2013
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6.13. Special Requirements in 'IN" Neighborhood and "R" Restricted
Zones
1. RESIDENTIAL REQUIREMENT IN "N" ZONES- Single-use
buildings of commercial, retail, or other non-residential character
are prohibited in "N" neighborhood zones. (See development zone
maps in Section 4.13.). Buildings within these zones must include
residential uses that constitute at least 40% of gross floor area
within each two-story building, and at least 60% within each
building with more than two stories. Outdoor spaces for
residential use may be included in the percentage.-For this section
only, bed and breakfast uses are considered residential. Buildings
that incorporate a mix of residential and non-residential uses are
allowed and encouraged (see height bonus for mix of uses in
Section 5.C.)
2. PROHIBITED USES IN "R" ZONES — Certain uses, including
bars and light industrial uses, are prohibited in "R".
3. PROHIBITED USES IN "N" ZONES — Surface parking lots
providing parking for single use non-residential projects.
SECTION 2.
This ordinance shall be cumulative of all provision of ordinances and 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,
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such 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 in this ordinance of any such unconstitutional
ph-rase, 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.
SECTION S.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any all violations of the provisions of Ordinance No. 13896 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
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official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney Mary Kays ."' Oity ecre�, ry
ADOPTED: October 7, 2013
5
EFFECTIVE:
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EXHIBIT A
NEAR DIS I"RiC T' SECTION 6. PERMITTED LAND USES
6.13. Special Requirements in "N" Neighborhood and "R" Restricted Zones
The following standards are intended to enhance the residential character of existing neighborhoods and to promote
the development of additional housing in those areas.
1. RESIDENTIAL REQUIREMENT IN "N" ZONES —Single-use buildings of appterfloors a appropriate rp�Nta'ho s,ngon
commercial, retail, or other non-residential character are prohibited in "N"
neighborhood zones, (See development zone maps in Section 4.B.).
Buildings within these zones must include residential uses that constitute
at least 40% of gross floor area within each two-story building and
at least 60%within each building with more than two stories Out-
door spaces for residential use may be included in the percentage
For this section only, bed and breakfast uses are considered residential.
Buildings that incorporate a mix of residential and non-residential uses are
allowed and encouraged (see height bonus for mix of uses in Section
5.C.)
2. PROHIBITED USES IN "R" ZONES—Certain uses, including bars and light industrial uses, are prohibited in "R"
3. PROHIBITED USES IN "N" ZONES—Surface parking lots providing parking for single use non-residential projects.
6.C. Permitted Land Uses
The following table lists land uses permitted in the NS District. A (P) indicates that these uses are allowed by right in
the applicable development zone. A (SE) indicates that these uses are allowed by special exception from the Board of
Adjustment. An asterisk (*) indicates that the uses are allowed but are subject to supplemental development stand-
ards. Please refer to the the Zoning Ordinance for all use definitions and any referenced supplemental standards.
NS- NS- NS- Supplemental
T4R T4 T5 Standards
niw
s
Household Living One-family detached dwelling P P P
One-family-attached (townhouse, rowhouse) P P P
Multifamily dwelling (apartment) P P P 4.305B, 6.506
HUD-code manufactured housing
Industrialized housing P* P* P* 5.116B
One dwelling unit when part of a business P P P
Group Living Boarding or lodging house
Community home P* P* P* 5.11
Fraternity or sorority house P P P
Group home I P* P* P. 5115
Group home II P* P* P* 5.115
Halfway house 4.30513
Shelter
Education College or university P P P
Day care center(child or adult) P P P
Kindergarten P P P
School, elementary or secondary (public or private) I P P P 44