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HomeMy WebLinkAboutOrdinance 15927l5~ ~~ ORDINANCE NO. ~ -' 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 5.301 OF CHAPTER 5, ARTICLE 3, `SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR CARPORTS AND PORTS COCHERES LOCATED IN THE REAR AND SIDE YARDS OF ONE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS IN CERTAIN ONE-FAMILY RESIDENTIAL DISTRICTS AND TO ALLOW CARPORTS AND PORTS COCHERES IN THE MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD OR PROJECTED FRONT YARD OF ONE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS BY SPECIAL EXCEPTION TO AMEND THE TABLE COMMENTARY IN SUBSECTION C `PROPERTY DEVELOPMENT STANDARDS" FOR ALL RESIDENTIAL DISTRICTS; TO AMEND SECTION 5.300B TO DELETE THE REFERENCE TO CARPORTS, TO AMEND CHAPTER 4, ARTICLE 7 `RESIDENTIAL DISTRICT USE TABLE" TO ADD REFERENCES TO SIDE, REAR AND FRONT YARD CARPORTS AND PORTS COCHERES UNDER THE HEADING ACCESSORY USES" TO REFERENCE THE SUPPLEMENTAL STANDARDS IN CHAPTER 5, ARTICLE 3, AND TO INDICATE WHEN A SPECIAL EXCEPTION IS REQUIRED• PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current Zomng Ordinance does not allow carports beyond the front building line and outside the side and reaz yazd set backs of the applicable district; WHEREAS, the Development Department accepts a high volume of applications for variances from the standards m the Zomng Ordinance regazding carports; WHEREAS, a lazge number of requests for vanances from front and side yazd setback requirements aze denied by the Boazd of Adjustment, including cases where carports have been in existence for many yeazs and in instances where carports aze constructed without permits; WHEREAS, on June 3 2003 the City Council approved Council Proposal 228 creating a moratorium on the enforcement of citations and the acceptance of requests for variances relating to cazports; WHEREAS, on August 19 2003 the City Council Housing and Workforce Development Committee recommended that a citizen task force be formed to study the issues regarding carports and bung back to the Committee recommendations for amendments to the regulations and a proposal for an amnesty program, WHEREAS, on September 23 2003 the City Council extended the moratorium an additional 180 days to allow the citizen task force further time to review the issues and to hold public forums to present their findings to the citizens of Fort Worth, WHEREAS, the task force and city staff held public forums at the Diamond Hill Center on January 8, the Greenbnar Center on January 12 and the McCray Center on January 15 2004 to present the findings of the task force and to receive input from the neighborhoods; WHEREAS, the task force found that to allow carports by right in the established building setbacks could create a negative visual impact on neighborhoods, but denying all carports could unfairly penalize certain socioeconomic groups within the city WHEREAS, the task force concluded that locating carports behind and beside the house provides for the least visual impact while front yard carports have the greatest impact on surrounding properties and the character of the neighborhood, WHEREAS, based on the findings and recommendations of the task force, it is advisable to amend the zomng regulations to allow carports in certain circumstances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Chapter 5 Article 3 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 5.301 Accessory Buildings on Residential Lots" is hereby amended by adding Subsection D `Pnvate Carports and Private Porte Cocheres" to provide supplemental use 2 standazds and regulations for carports and porte cocheres m the rear and side yards of residential dwellings located mOne-Family residential districts with a lot size of 7,500 square feet or less and to allow carports and porte cocheres m the front yard by special exception to read as follows. 5.301 Accessory Buildings on Residential Lots. D Private Carports and Pnvate Porte cocheres Pnvate carports and private porte cocheres in reaz yard setbacks. The reaz yazd setback for a private carport or private porte cocheres mOne-Family Districts with a lot size of 7,500 squaze feet or less shall be 1.5 feet when the following conditions are met: a) The maximum total squaze footage of the carport or porte cochere is not greater than 400 square feet; b) The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and c) The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure. Reaz yazd setback requirements for the applicable distract shall apply to all other private carports and private porte cocheres. Requests for variances from the reaz yazd setback requirement shall be subject to Chapter 3 Article 4 2. Private Carports and private porte cochere in side yard setbacks. The side yazd setback for a Pnvate carport or Pnvate porte cocheres mOne-Family Districts with a lot size of 7,500 square feet or less shall be 1.5 feet when the following conditions aze met: a) The maximum total squaze footage of the carport or porte cochere is not greater than 200 squaze feet; b) The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and c) The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure. Side yazd setback requirements for the applicable district shall apply to all other Pnvate carports and private porte cocheres. Requests for variances from the side yazd setback requirement shall be subject to Chapter 3 Article 4 3 3 Pravate Carports and pnvate porte cocheres m front yard setbacks No pnvate cazport or porte cochere shall be permitted within the minimum required front yard, platted front yazd, or projected front yard of residential dwellings except by special exception granted by the Boazd of Adjustment nn accordance with the use tables nn Chapter 4 Article 6. In reviewing a request for a pnvate cazport or porte cochere within the minimum required front yard, platted front yard, or projected front yard, the Board of Adjustment shall consider the following: a) The presence and/or absence of a functional gazage on the residential lot, pazcel or tract; b) The viability of access to the snde and rear yard, c) The size, height, and design of the carport or porte cochere and its impact on adjacent propertnes; and d) The incidence of other cazports or porte cocheres on the block face. SECTION 2. Chapter 4 Article 7 of Ordnnance No 13896, the Zoning Ordnnance of the City of Fort Worth, `Residential Districts" ns hereby amended to change the table commentary concernnng carports in Subsection C `Property Development Standazds" for one-family and two-family resndentnal dwellings nn Section 4 700 One-Family ("A 2.SA') Distract; Section 4 701 One- Family ("A-43 ') Distract; Section 4 702, One Family ("A 21 ') Dnstnct; Sectnon 4 703 One Family ("A 10") Distract; Section 4 704 One Family ("A 7.5 ') Dnstrnct; 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 Lnne /Cluster ("R1 ') Distract; Section 4 709 Townhouse/Cluster ("R2") Distract); Sectnon 4.902, Mixed-Use ("MU 1 ') District; and Sectnon 4 1001 High Intensity Mixed-Use ("MU-2") District to read as follows. Carports/porte cocheres allowed in side, rear and front yard in certain cnrcumstances- See Sectnons 5.301D and 6.lOlA. SECTION 3. Chapter 5 Artncle 3 Accessory Uses" of Ordnnance No. 13896, the Zoning Ordnnance of the City of Fort Worth, Subsectnon B. Accessory Structures not permitted nn front yards" of 4 Section 5.300, `General" is hereby amended to delete the reference to carports to read as follows. Section 5.300 General. B. Accessory Structures Not Permitted in Front Yards. No attached or detached accessory structures such as sa~perts, porches supported by columns, greenhouses, gazages, swimming pools or sinnlaz uses shall be erected on property within the minimum required front yard, platted front yard, established front yard or projected front yard. When the platted front yazd or established front yard is less than the minmum required front yazd, the setback of the minimum required front yard shall be met. SECTION 4. Chapter 4 Article 6, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 603 `Resndential Distnct Use Table, is hereby amended to add the terms `Pnvate carport/pnvate porte cochere; (reduced rear and side yards setbacks)" to the Accessory Uses" section and to add a `P*" under the column headings A 5" and A 7.5" for those new terms, to add `Private carport/pnvate porte cochere; (front yazd)" to the Accessory Uses" section and to add `SE*" under the A 2.SA through `R2" and `MU 1 and `MU 2" column headings, and to add a reference in the `Supplemental Standards" column to Sectnon 5.301D for `Pnvate carportlprivate porte cochere; (reduced rear and side yazds setbacks)" and `Pnvate carport/private porte cochere; (front yard)" under Accessory Uses. SECTION 5. 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, nn which event conflnchng provisions of such ordinances and such Code aze hereby repealed. 5 SECTION 6. 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 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 8. 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 cruninal, 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 9 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 Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. 6 SECTION 10. This ordinance shall take effect upon adoption and publication as required by law APP OVED AS TO FORM AND LEGALITY ~~ ~~~~. ~ Assistant City tt rney ADOPTED• 3 ~ 2~"~ ~ EFFECTIVE. C ~.