HomeMy WebLinkAboutOrdinance 18900-11-2009ORDINANCE NO, 18944-11-2449
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, TO AMEND SECTION 2.142, "URBAN
DESIGN COMMISSION" OF CHAPTER 2, "REVIEW BODIES", T4
AMEND THE DUTIES OF THE URBAN DESIGN COMMISSION AND
REVISE SUBSECTIONS "E" AND "F" RELATED T4 CONSERVATION
DISTRICTS TO CHANGE THE REFERENCES TO "DESIGN
DISTRICTS" AND DELETE MIXED-USE GROWTH CENTERS AND
URBAN VILLAGES; TO AMEND SECTION 4.144 "DISTRICTS
ESTABLISHED" TO ADD DESIGN OVERLAY DISTRICTS TO
SUBSECTION "A", "SPECIAL PURPOSE DISTRICTS"; AMEND IN ITS
ENTIRETY ARTICLE 4, "CONSERVATION ~"CD"~ OVERLAY
DISTRICTS", PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION; AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort VL~orth has many unique and distinctive residential
and commercial areas that contribute significantly to the overall architectural and cultural
character of the city;
WHEREAS, the Texas Local Government Code authorizes the City of Fort
North to regulate and restrict the construction, alteration, reconstruction, or razing of
buildings and other structures in "designated places and areas of historic, cultural, or
architectural importance and significance;
WHEREAS, there are areas in the City where the application of overlay zoning
could assist in the conservation of architectural and cultural attributes and thereby
contribute to the stability or stabilization of these areas;
WHEREAS, the City recognizes the need to preserve, protect, and enhance the
value of these areas and wishes to provide a means of conserving the distinctive character
or atmosphere of areas by protecting or enhancing their significant architectural or
cultural attributes through the establishment of conservation districts;
WHEREAS, it is advisable to amend the current provisions to further protect and
strengthen desirable and unique physical features and design characteristics of an area by
reducing incompatible development and promoting new compatible development;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 2, "Review Bodies" of Ordinance No. 1389G, as amended, the Zoning
ordinance of the City of Fort Worth is hereby amended to delete the duties of the Urban
Design Commission as related to Conservation Districts; to delete reference to mixed-use
growth centers and urban villages and to replace all references to "urban design districts"
with "design districts", to read as follows;
2.102 Urban Design Commission
A. Creation and appointment.
There is hereby created an Urban Design Commission for the purpose of,
1. Recommending the designation of design districts;
2. Reviewing and approving stealth communication towers as well as antennas that
are surface mounted on enclosed buildings and structures;
3. Reviewing and recommending to the City Council the approval or modification of
proposed design guidelines for design districts, except those districts where a
separate design review board is established by the City. Council;
4. Reviewing and approving projects in Design Districts for compliance with design
guidelines, except those districts where a separate design review board is
established by the City Council; and
5. Reviewing and approving design standards for other projects as directed by the
Clty C4unC11.
E. Powers and duties.
1. Stealth telecommunication tower and antenna designs.
The Urban Design Commission shall review and approve, modify, or reject
proposed designs for stealth telecommunication towers and all antennas that are
surface mounted on stealth telecommunication towers, structures, and enclosed
buildings considering the materials, colors, textures, screening and landscaping
designs of the equipment structure and any other permitted structures to determine
the visibility, aesthetic impact, and compatibility to the surrounding natural or
built environments.
2. Nomination and Designation of Design Districts.
a. The Urban Design Commission UDC} may nominate design districts.
Nomination by the UDC shall be in the form of a resolution requesting that the
Planning and Development Department submit the nomination to the Zoning
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Commission for consideration. The UDC shall not consider a nomination for a
design district until standards and guidelines have been submitted for review,
b. Applications and the procedure for designation of an design district shall
follow the procedures outlined in Chapter 3, Article 5, "Text or Map
Amendment," except that written notice shall be provided as outlined in F, below.
No design district shall be approved by the City Council as a design district
without a recommendation from the UDC on the proposed guidelines for the
district.
c. Upon designation of an area as a design district by the City Council, the
designation indicating the boundaries of the district shall be adopted as an exhibit
to the zoning ordinance, Design districts are overlay zoning districts or base
districts which the UDC or adistrict-specific body appointed by the City Council,
has design review authority, as described in Section E.4.
3. Design Standards and Guidelines and Certif Cate of Appropriateness: In order to
enhance the character of the districts, encourage economic development and
protect property values, the UDC or the district-specific body shall:
a. Review and recommend to the City Council the approval or modification of
proposed design standards and guidelines for designated design; and
b, Review and approve, modify, or reject an application for a certificate of
appropriateness for new construction and renovations for compliance with the
adopted design standards andlor guidelines for designated design districts.
4. Design Standards and Guidelines Directed by City Council: In order to protect
and enhance the character of the design districts, encourage economic
development and protect property values, the UDC shall review and approve,
modify, or reject design standards for other applications as directed by the City
Council.
F. Notice.
Design Districts: written notice of any application before the UDC for the nomination of
any design district shall be given at least ten X10} days prior to any meeting to the owner
or owners of the property within the district, as such ownership appears on the last
approved ad valorem tax roll, Such notice may be served by depositing the same,
properly addressed and postage paid, in the United States mail.
SE~TII)N Z.
Chapter 4, Article 1, of Ordinance No. 13 S9b, the Zoning ordinance of the City of
Fort worth, Section 4.100 "District Established," is hereby amended to add "Design
Overlay ("DO"} Districts as follows:
A. Special Purpose Districts
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1. Agricultural ~"AG"} District
2. Community Facilities ~"CF"} District
3. Historic Preservation Overlay Districts ~"HSE", "HC", "DD"}
4. Planned Development ~"PD"} District
5. Conservation ~"CD"} Overlay District
d. Manufactured Housing ~"MH"} District
7. Design ~"DO"} Overlay District
8. Downtown Urban Design District ~"DUDD"}
SECTIUN 3.
Chapter 4, Article 4, of Ordinance No. 13894, the Zoning Ordinance of the City of
Fort Worth, is hereby amended to revise in its entirety the language contained in sections
4.400 through 4.410, to read as follows:
ARTICLE 4. CUNSERVATIUN ~"CD"} QVERLAY DISTRICT
4.400 Purpose and Intent.
1. The City of Fort North has many unique and distinctive residential neighborhoods or
commercial areas which contribute significantly to the overall character and identity
of the City but may lack sufficient historical, architectural or cultural significance at
the present time to be designated as a historic district. The City Council recognizes
the need to preserve, protect, and enhance the value of these areas and wished to
provide a means of conserving the distinctive atmosphere or character of the areas by
protecting or enhancing their significant architectural or cultural attributes through the
establishment of conservation districts.
2. Section 211.003, Texas Local Government Code authorizes the City of Fort Worth to
regulate and restrict the construction, alteration, reconstruction, or razing and of
buildings and other structures in "designated places and areas of historic, cultural, or
architectural importance and significance." The Conservation District provides for
the establishment of regulations concerning the conservation of existing buildings and
new construction and their settings in designated places of architectural or cultural
importance and significance. It is recognized that there are areas in the City where
the application of conservation district zoning could assist in the conservation of
architectural and cultural attributes and thereby contribute to the stability or
stabilization of these areas.
3. The provisions of this Article are intended:
a. to protect and strengthen desirable and unique physical features, and design
characteristics;
b. to promote and provide for economic revitalization;
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c. to protect and enhance the livability of the City;
d. to reduce conflict and prevent blighting caused by incompatible and insensitive
development, and to promote new compatible development;
e. to stabilize or enhance property values;
f, to provide residents and property owners with a planning tool for future
development;
g. to encourage and strengthen civic pride; and
h. to ensure the harmonious, orderly and efficient growth and redevelopment of the
city.
4.401 Zoning Classification and Authority
1. Designation is a means for property owners to initiate and implement programs for
the conservation or revitalization of neighborhoods and commercial areas. The
conservation overlay district and its regulations shall be applicable to each property
within the district in addition to the regulations of the base underlying zoning
classification where the property is located.
2. Separate ordinances are required to designate each Conservation District. Ordinances
designating each district shall identify the designated boundaries, applicable
designation criteria, and design standards for that district.
3. Any zoning district maybe followed by the suffix "CD", indicating that such zoning
district is subject to the use and development regulations of both the designated
district and the Conservation District design standards. The zoning designation for
property located within a Conservation District shall consist of the base zone symbol
and the overlay district symbol "ICD" as a suffix,
4. Designation of an area by the City Council as a conservation district is intended as a
zoning overlay which supplements the primary underlying zoning district
classification. The permitted uses of the property shall be determined and controlled
by the use regulations set forth for the primary zoning district classification for the
property. Property designated as a Conservation District may have additional overlay
designations.
5. The height of structures and minimum dimensions of lots and yards shall be
determined by the regulations set forth for the underlying, primary zoning district
classification except where height and area regulations are specified in Conservation
District design standards adopted by the City Council. No conservation district can
restrict height to less than two stories over the entire footprint of the original
structure.
b. if there are any conflicts between the adopted design standards of the Conservation
District and any provision of the Zoning Ordinance, the provisions of the adopted
design standards of the Conservation District shall apply,
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7. if there are any conflicts between the provision of this Article and any other provision
of the Zoning Ordinance, the most restrictive regulation shall apply in the absence of
a specific directive to the contrary.
4.402 Procedures for Establishing a Conservation Uverlay District.
1. Following a request for designation of a Conservation District, the Planning and
Development Department shall develop a Conservation Plan for the proposed district
that includes:
a. statement of purpose and intent;
b. maps indicating boundaries, age of structures and existing land use within the
proposed district;
c. maps and other graphic and written materials identifying and describing the
distinctive neighborhood and building characteristics and goals of the proposed
district;
d. a list of all property owners with legal addresses}, neighborhood associations
andlor other organizations representing the interests of property owners in the
proposed district; and
e. design standards.
2. All property owners within the proposed district shall be afforded the opportunity to
participate in drafting the Conservation Plan, which will be approved as part of the
zoning ordinance creating a Conservation District.
3. Authority to initiate. A zoning application for designation as a Conservation District
must be filed with the Planning and Development Department. An application shall
be initiated either:
a. By petition form provided by the Planning and Development Department} signed
by the owners who collectively own more than fifty (50~ percent or more of the
individual tracts, parcels, or platted lots, to be located within the boundaries of the
proposed district, and the request of the owners who collectively own f fty (50}
percent or more of the land area, excluding streets and alleys, to be located within
the boundaries of the proposed district. Two or more platted lots developed
together shall be counted as one lot. Each vacant platted lot of cuff cient size to be
developed under the current zoning designation for the property shall be counted
as one lot.
b. By the City Council
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4,403 Designation Criteria.
To be designated as a Conservation District, the area must meet the following criteria:
1. Contain a minimum one block length both sides of the street}; an exception for one
block face done side of the street} may be allowed when different land uses or
development patterns exist on the opposite side of the street.
2. At least 50% of the land area in the proposed district is presently improved, unless
created to preserve a special or natural streetscape characteristic; and
3. Possess two or more of the following distinctive features that create a cohesive
identifiable setting, character or association:
a. scale, size or type of construction;
b. lot layouts, setbacks, street layouts, alleys or sidewalks;
c. special natural or streetscape characteristics, such as creek beds, parks, greenbelts,
gardens or street landscaping; or
d. abuts or links designated historic landmarks andlor districts.
4.404 Design Standards.
1. The Conservation Plan approved as part of the zoning ordinance creating a
conservation district shall include objective design standards for new construction of
any building or structure, or the relocation or rehabilitation to the street facade of an
existing building or structure. The design standards shall be applied administratively
by City staff.
2. The Conservation Plan and requisite design standards shall not apply to those
activities which constitute in-kind replacement or repair, ordinary repair and
maintenance that is using the same or similar material and design.
3. The design standards for the Conservation District shall include, at a minimum, the
following elements governing the physical characteristics and features of all property
(public or private} within the proposed district:
a. building height, number of stories may not restrict to less than two stories over the
entire footprint of the original structure};
b. lot coverage;
c. lot size;
d. front and side yard setbacks;
e. driveways, hardscape covering.
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4. In addition, the Design Standards may include, but shall not be limited ta, the
fallowing elements:
a. building orientation;
b. general site planning tprimary, ancillary structures};
c. garage entrance location;
d. street trees;
e. height of fences and walls;
f. right-af way exceeding Public Works standards}
g, principal elevation features;
h. building farm
5. The praposed standards shall be submitted with the applicatian to the Zaning
Commission and the City Cauncil. No conservation district maybe established in the
city unless the City Cauncil first approves the design standards far the district in
accordance with this Article.
6. Copies of the approved standards shall be an file in the Planning and Development
Department and in the deed records of the county in which the property is located.
7. Any modification of adapted design standards must be approved by the City Cauncil
following the same procedure used far promulgation of the original standards.
Invalidation of any of the standards shall not affect the validity of any other portion.
4.405 Public Hearing.
1. At least ten days prior to the Zaning Commission public hearing, notices of the time
and place of the meeting shall be mailed to all addresses of property owners and
residents shown an the applicatian, to any additional addresses of properties in the
praposed district as Shawn on the last approved city tax roll, and to any registered
neighborhood associations located within the praposed district. Notice maybe served
by depositing the same, properly addressed and postage paid, in the United States
Mail,
2. No area shall be designated as a conservation district without the recommendation of
the Zaning Commission. The Zaning Commission shall conduct a public hearing on
the proposed designation within forty-five X45} days after receipt of the application
far designation and the proposed Conservation Plan by the Planning and
Development Department, ar as soon thereafter as is reasonably practicable. The
hearing shall be in the same manner and according to the same procedures for
amending the zoning map as set forth in Chapter 3, Article 5.
3. City Council hearing. The City Council shall give notice and conduct its hearing an
the Zoning Commission's recommendation concerning the proposed Conservation
Plan within forty-five X45) days of receipt of the recommendation of the Zoning
Commission, or as soon thereafter as is reasonably practicable. The City Council shall
review the Conservation Plan and shall approve the same, with or without
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modifications, at the public hearing on the proposed designation. The City Council
shall give notice, follow the publication procedure, hold the hearing, and make its
determination in the same manner and according to the same procedures for
amending the zoning map as set forth in Chapter 3, Article 5.
4. If the owners of at least twenty percent (20%} of an area nominated for designation or
located within 20o feet of a proposed Conservation District protest such designation
by submitting a written, signed protest, the affirmative vote of at least 314 of all
members of the City Council is required in order for the designation to take effect.
4.406 Recording of designations on zoning map.
Upon designation of an area as a conservation district, the City Council shall direct that
the designation to be recorded on the off vial zoning maps of the City.
4.407 Filing of designation and guidelines in property records.
Record of designation of an area as a conservation district and the corresponding district
guidelines shall be recorded in the off cial property records of the county in which the
property is located by the Planning and Development Department.
4.408 AdministrationlEnforcement.
No building permit shall be issued for new construction or any alteration or addition to
the street facade of an existing building or structure within a designated Conservation
District without the submission and approval of design plans and the issuance of a
Certif cate of Appropriateness by the Director of Planning and Development or hislher
designee. All work performed pursuant to a Certif cate of Appropriateness shall conform
to any requirements included herein, It shall be the duty of the Planning and
Development and Code Compliance Department to assure compliance. If work is
performed that is not in accordance with the Certif sate of Appropriateness and
verification by the building off cial, the building official shall issue astop-work order and
all work shall immediately cease. No further work shall be undertaken on a project while
a stop-work order is in effect. Properties located in a Conservation District that are
designated "HC" Historic and Cultural Landmark or "HSE" Highly Significant
Endangered shall comply with the most restrictive regulation.
4.409 Appeal; Penalties.
1. Any owner dissatisfied with the decision of the Director Planning and Development
or hislher designee to deny a certificate of appropriateness shall have the right to
appeal the decision to the Board of Adjustment, The request for appeal must be made
within ten ~ 10} calendar days after receipt of notification of such action, by filing a
written notice of appeal with the City Secretary and the Planning and Development
Department. The Board of Adjustment may authorize a variance from the design
standards of a Conservation District if it is determined that the variance will not be
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contrary to the public interest see Chapter 3, "Review Procedures, Article 4,
"Variances"}. The Board of Adjustment shall schedule a hearing on such appeal
within thirty X30} days after receipt of the notice of appeal, or as soon thereafter as is
reasonably practicable.
2. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with the provisions of this article shall be fined not more than $2,000,00 for
each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
3, The provisions of this section shall apply in addition to other enforcement procedures
or penalties, which are available at law or in equity.
SECTIUN 4.
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 provision of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 5.
It is hereby declared to be the intention of the city Council that 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 of this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section,
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SECTIUN b.
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 ($2000.00) for each
offense, Each day that a violation exists shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to
any and all violations of the provisions of Ordinance No. 1389b 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 buy may be prosecuted until
final disposition by the courts,
SECTION 8.
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 Fart Worth, Texas, as authorized by Section 52.013,
Texas Local Government Cade.
SECTION 9,
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
f f ~ ' ~ ~ ~~
Assistant City Attorney
ADOPTED: November 3, 2009
EFFECTIVE: n (j(,(.Q,n'1 ~(/l l(~ .~~/
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