HomeMy WebLinkAboutOrdinance 15826ORDINANCE NO 15826
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, AMEND SECTION 6.101 `YARDS"
TO DELETE SETBACK AVERAGING, ESTABLISH NEW FRONT
YARD SETBACKS AND TO ADD A NEW SUBSECTION TO
ADDRESS REAR FRONTAGE SETBACKS OF THROUGH LOTS,
AMEND REAR YARD STANDARDS FOR REAR FRONTAGE
LOTS ON ARTERIAL OR WIDER STREETS, PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES, PROVIDING A SAVINGS CLAUSE PROVIDING
A SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE,
PROVIDING FOR PUBLICATION AND NAMING AN
EFFECTIVE DATE.
WHEREAS, the Zomng Boazd of Adjustment has a responsibility to apprise the
City Council of potential problems with the Zomng Ordinance; and
WHEREAS there are large numbers of recurnng requests for specific types of
variances that routinely generate the need for variance requests from the Board of
Adjustment; and
WHEREAS, many of these requests aze routinely approved by the Boazd of
Adjustment with little debate; and
WHEREAS a subcommittee of the Boazd of Adjustment has recommended
some modest changes in the Zoning Ordinance in order to reduce the number of routine
appeals filed by the public, processed by the staff and heazd by the Boazd, and
WHEREAS, the City Council desires to amend the Zomng Ordinance to
eliminate setback averaging; and
WHEREAS, the intent of the following changes is to minimize the need for
variance requests for those zoning provisions that aze customarily approved by the Boazd of
Adjustment;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS
SECTION 1
Chapter 4 Article 7 of Ordinance No 13896, the Zoning Ordinance of the City of
Fort Worth, `Residential Distracts" is hereby amended to amend the Notes table in
Subsection C `Property Development Standards" for residential distracts m Section
4 700, One-Family ("A 2.SA') Distract; Section 4 701 One-Family ("A-43 ') Distract;
Section 4 702, One Family ("A 21 ') Distract; Section 4 703 One-Family ("A 10")
Distract; Section 4 704 One-Family ("A 7.5") Distract; Section 4 705 One-Family ("A
5") Distract; Section 4 706 One-Family Restracted ("AR') Distract; Section 4 707 Two-
Family ("B") Distract; Section 4 708, Zero Lot Line /Cluster ("R1 ') Distract; Section
4 709 Townhouse/Cluster ("R2") District) to .delete any reference to setback averaging
and replace with the following:
Notes.
* See Section 6.1O1D for front yard setback requirements
** Maybe subject to projected front yard (Section 6 lO1F)
SECTION 2
Chapter 6, Article 1 of Ordinance No 13896, the Zoning Ordinance of the City of
Fort Worth, Section 6 101 `Yards" is amended by deleting Subsection D `Setback
Averaging" m rts entirety- and creating a new section for front yard setbacks to read as
follows.
6 101 Yards
D Front Yard Setbacks
The front yard setback m residential districts shall be the
greatest of:
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1 The platted building line;
2. The setback for the applicable zoning
distract; or
3 The setback of the nearest building on
either side furthest to the street up to a
maximum setback of 50 feet.
All other subsections of Section 6 101 `Yards" shall remain m full force and effect.
SECTION 3.
Chapter 6, Article 1 of Ordinance No 13896, the Zoning Ordinance of the City of
Fort Worth, Section 6 101 `Yards" is amended by adding a new subsection, Subsection
F `Through Lots" to establish standards for the rear frontage of through lots to read as
follows.
6 101 Yards
F Through Lots
If the rear frontage of a through lot is on an arteraal or
wider street, the rear yard setback standards for the
applicable distract 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 distract shall apply
All other subsections of Section 6 101 `Yards" shall remain m full force and effect.
SECTION 4.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except m those instances where provisions of such ordinances are m direct conflict with the
provisions of this ordinance.
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SECTION 5.
That all nghts or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. 3011 13896, or any amendments thereto that
have accrued at the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or cnmmal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
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
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
~unsdiction, 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.
SECTION 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.
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SECTION 8.
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 authonzed by V T C.A. Local Government Code Subsection 52.013
SECTION 9
That this ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law and rt is so ordained.
APPROVED AS TO FORM AND LEGALITY
David Yett, Crty Attorney
Assistant Attorney
ADOPTED (, - ~ ~J - U
EFFECTIVE ~ `'~I -~O~