Loading...
HomeMy WebLinkAboutOrdinance 18902-11-2009ORDINANCE NU.18902-11-2009 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 FLIRT WORTH, BY AMENDING SECTION 6.101 "YARDS" TU ADD SUBJECTION J, "HISTORIC OVERLAY DISTRICT SETBACKS" TO ALLOW STRUCTURES LOCATED WITHIN A HISTORIC DISTRICT TU BE CONSTRUCTED CONSISTENT WITH THE SETBACK OF THE HISTORIC DISTRICT; TU REVISE THE TITLE OF SUBSECTION F; TU PROVIDE THAT SIDE YARDS MAY PROJECT AND TO REVISE THE DEFINITION OF "FRONT YARD"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FUR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Historic and Cultural Landmarks Commission recommended to the City Council that certain zoning provisions be amended in order to create fewer routine appeals far the Board of Adjustment, the city staff and the citizens of Fart Worth; WHEREAS, the historic guidelines for historic districts require that infill construction be setback consistent with the setbacks for the historic district; WHEREAS, 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; WHEREAS, it is advisable to amend the Zoning ordinance related to setbacks to allow construction in historic districts consistent with the guidelines without requiring a variance from the Board of Adjustment; WHEREAS, it is advisable to amend the Zoning ordinance related to setbacks to provide that a side yard on a corner lot may project to an abutting property or where separated by an alley; NSW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION 1. Chapter 6, Article 1 of ordinance No. 13596, the Zoning ordinance of the City of Fort Worth, Section 6.141, "Yards", is hereby amended to revise the title of subsection F to delete "front yard" and to provide that side yards shall project firom corner lots, to read as follows: F. Projected 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 corner lot or separated only by an alley. b, Where a corner lot abuts the rear of a lot with a greater side yard setback, there shall be a side yard on the corner lot equal to the side yard required ~n the lot that abuts to the rear of the corner lot or separated only by an alley. SECTION Z. Chapter 6, Article 1 of ordinance No. 1389b, the Zoning ordinance of the City of Fort Worth, Section 6.101, "Yards", is hereby amended by adding subsection J to allow structures within a historic district to be constructed consistent with the setback of that historic district, to read as follows: J. Historic Uveriay 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, 2 SECTION 3. Chapter 9, "Definitions" of Ordinance No. 13 896, the Zoning Ordinance of the City of Fort Worth, Section 9.101, "Defined Terms" is hereby amended to revise the definition of "yard, front" to read as follows: Ward, from. A yard across the full width of a lot extending from the street to the largest required setback of either the required, established, platted building line or projected front yard. Setbacks shall be measured from the front property line. Each street frontage shall be considered a front yard except that in one- and two-family districts, the yards with street frontage may be considered a side or rear yard if there are no other front yards projecting along that same block face. Determination of what type of yard it should be will be dependent upon the setback that is necessary to maintain uniformity along the block face, SECTION 4, This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort North, 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. That all rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and 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 buy may be prosecuted until final disposition by the courts. SECTION G. 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 3 phrase, clause, sentence, paragraph or 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. SECTIGN 7, That 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 is permitted to exist shall constitute a separate offense. SECTIaN S, That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish 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. SECTIaN 9. This ordinance shall take effect after adoption and publication as required by law. APPRaVED AS Ta RM AND LEGALITY: r r r By: ~ -~ n Assistant City Attorney Adopted: November 3, 2009 Effective: - l ~ ~~'O" `'~ j ~~, 4