HomeMy WebLinkAboutOrdinance 15830ORDINANCE 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 CHAPTER 9, `DEFINITIONS" TO AMEND
THE DEFINITION OF ACCESSORY BUILDINGS" TO ADD
DEFINITIONS FOR HABITABLE AND NON-HABITABLE ACCESSORY
BUILDINGS AND TO ADD A NEW DEFINITION FOR `PORTE
COCHERE TO AMEND SECTION 5.301 OF CHAPTER 5, ARTICLE 3,
`SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR
HABITABLE AND NON-HABITABLE ACCESSORY BUILDINGS ON
RESIDENTIAL LOTS; TO AMEND CHAPTER 4, ARTICLE 7
"RESIDENTIAL DISTRICTS" TO ALLOW ADDITIONAL GARAGES AND
PORTES COCHERES UNDER CERTAIN CIRCUMSTANCES, TO
AMEND CHAPTER 4, ARTICLE 7 `RESIDENTIAL DISTRICT USE
TABLE" AND CHAPTER 4, ARTICLE 8 `NONRESIDENTIAL DISTRICT
USE TABLE" TO DELETE THE REFERENCE TO THE SUPPLEMENTAL
USE STANDARDS IN CHAPTER 5, ARTICLE 3 REQUIRING A SPECIAL
EXCEPTION FOR ACCESSORY BUILDINGS WITH HVAC FLOOR
SPACE, SECOND FLOORS AND POOL HOUSES„ 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 Zoning Ordinance limits the size of accessory buildings by
reference to the applicable zomng distncts rather than the actual lot size and does not provide for
more than one garage or porte cochere per lot;
WHEREAS, the current Zomng Ordinance does not provide for a distinction between
habitable and non-habitable accessory buildings;
WHEREAS, builders and homeowners have expressed the need and desire to be able to
construct bigger accessory buildings and multiple garages or porte cocheres on lazger lots,
WHEREAS, it is desirable to amend the current ordinance to provide for bigger
accessory buildings on lazger lots and to allow additional carports and porte cocheres under
certain circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS.
SECTION 1
Chapter 9 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth,
Section 9 101 'Defined Terms, is hereby amended by amending the definition for Accessory
Buildings" to add new categories entitled `Non Habitable Accessory Building" and `Habitable
Accessory Building" and to add a new definition for `Porte Cochere, Private" to read as follows.
Accessory Buildings. Accessory buildings shall be defined as follows.
1 Accessory Building, Non-habitable: A subordinate building on
the same premises with a principal building for exclusive use for accessory uses
as defined in Accessory Uses" including, but not limited to, private workshops
and storage sheds located on residential lots.
2. Accessory Building, Habitable: A subordinate building on the
same .premises as a principal building for exclusive use for accessory uses as
defined in Accessory Uses" containing habitable space for living, sleeping,. or
eating.
Porte Cochere, private: A roofed structure located on the same lot, which
extends from the roof of the principal building and over an adjacent driveway that
is designed to let vehicles pass from the street to an interior courtyard. and used
for the shelter of those getting m and out of vehicles.
Carport, private: An accessory open-sided detached building/structure on the
same lot, used for the shelter or storage of occupant owned motor vehicles as an
accessory use only
SECTION 2.
Chapter 5 Article 3 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, is hereby amended to amend Section 5.301 in its entirety by providing supplemental use
standards and regulations for non-habitable and habitable accessory buildings on all residential
lots to read as follows.
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5.301 Accessory Buildings on Residential Lots.
A. General Provisions
1 Any accessory building added to an existing legal non-conforming one or two-
family dwelling shall conform to the district standazds applicable to the
residential use.
2. Accessory buildings shall comply with the side and rear setbacks for the primary
structure of the zoning distract applicable to the residential use as indicated in the
Property Development Standazds for that distract.
3 The total azea covered by all rooftops shall not exceed the maxunum lot
coverage for the distract applicable to the residential use.
4 No more than one garage and one carport or porte cochere per residential umt
on a single residential lot shall be permitted. Additional garages or porte
cocheres may be permitted provided the garages or porte cocheres aze
a. An integral part of the main residential structure; and
b Have the same roofline and dnveway as the main residential
structure.
B Non-habitable Accessory Buildings
1 Allowable Squaze Footage
Non-habitable accessory buildings, except pnvate garages, pravate carports, or
pnvate portes cocheres, shall not exceed the maximum square footage for each
residential lot size as depicted m the following table:
Lot Size Maximum Total Squaze Feet
For Accesso Buildin s
Less than 5,000 s uaze feet 120 s uaze feet
5,000 to 9,999 s uaze feet 200 s uaze feet
10,000 to 21,779 s uaze feet 400 s uaze feet
21 780 square feet to 43,559
s uaze feet 400 square feet
43,560 s uaze feet or laz er 2% of the total azea of the lot
The maxunum squaze footage limits shown above shall be cumulative of all non-
habitable accessory buildings for each lot, excluding pnvate garages, pnvate
carports, and pnvate portes cocheres. Pnvate garages, pnvate carports, and
pnvate portes cocheres shall not be included for the purpose of detennimng the
allowable squaze footage of non-habitable accessory buildings on a single
residential lot.
The squaze footage within an attic or loft shall be excluded from the calculation of
maxunum squaze footage of anon-habitable accessorybuilding or structure.
2. Non habitable accessory buildings or structures shall be hrmted to one story
but may have an attic or loft, provided the attic or loft does not contain heated or air
conditioned floor space.
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3 All non-habitable accessory buildings, except private garages, private
carports, and private portes cocheres, must be located behind the rear wall of the
prunary residential structure that is furthest from the street or at least 75 feet from
the front property line, whichever is the least restrictive.
4 Non-habitable accessory buildings, other than private garages, private
carports, and pnvate portes cocheres, shall be lumted to a height of 8 feet. The
height of the accessory building may be increased to a maxunum height of twelve
feet, provided that, for each additional one foot of height over eight feet, the
accessory building is setback an additional two feet from the rear and side setback
requirements of the district applicable to the residential use.. The height of accessory
buildings shall be measured from the ground to the highest point of the building.
C. Habitable Accessory Buildings:
In addition to the requirements set out in Subsection A `General Provisions"
habitable accessory buildings must comply with the following requirements:
1 Habitable accessory buildings must meet all applicable City of Fort Worth
building codes for habitable structures.
2. Habitable accessory buildings may not exceed the height of the principal
residence.
3 Habitable accessory buildings may not be used as a separate independent
residence for One-Family Distracts.
4 The combined lot coverage of the prunary residential structure and the habitable
accessory building may not exceed the maxinum lot coverage for the distract
that is applicable to the residential use.
SECTION 3.
Chapter 4 Article 7 `Residential Distracts" of Ordinance No 13896, the zoning ordinance
of the City of Fort Worth, Sections 4 700 through 4 709 are hereby amended to amend Number 7
`GaragelCarport" inSubsection D `Other Development Standards" in Sections 4 700 through
4 709 m its entirety as follows.
D. Other Development Standards
6. Accessory Buildings. See Section 5.301
7 Garage/Carport. No more than one garage and one carport or
porte cochere shall be allowed per residential umt on a single
residential lot, unless the additional garages or porte cocheres are
an integral part of the main residential structure with the same
roofline and driveway as the residential structure.
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SECTION 4.
Chapter 4 Article 6, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4.603 `Residential District Use Table, is hereby amended to delete the term
Accessory buildings with HVAC floor space and/or second floors, and pool houses" to the
Accessory Uses section, to omit the requirement that accessory buildings with HVAC floor
space and/or second floors, and pool houses in the column headings A 2.SA through `R2"
districts need a Special Exception, to delete an asterisk to the permitted uses for the column
headings A 2.SA through `R2" districts, for Accessory buildings with HVAC floor space
and/or second floors and pool houses" and to delete the reference m the `Supplemental
Standards" column to Section 5.301 for Accessory buildings with HVAC floor space and/or
second floors and pool houses" under Accessory Uses.
SECTION 5.
Chapter 4 Article 8, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4 803 `Nonresidential District Use Table" is hereby amended to delete the term
Accessory buildings with HVAC floor space and/or second floors, and pool houses" to the
Accessory Uses" section and to omit the requirement that accessory buildings with HVAC floor
space and/or second floors, and pool houses m the column headings `ER through `PD" districts
need a Special Exception; to delete an asterisk to the permitted uses for the column headings
`ER through `PD" distracts, for Accessory buildings with HVAC floor space and/or second
floors and pool houses" and to delete the reference m the `Supplemental Standards" column to
Section 5.301 for Accessory buildings with HVAC floor space and/or second floors and pool
houses" under Accessory Uses.
SECTION 6.
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
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direct conflict v~nth the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code aze hereby repealed.
SECTION 7
It is hereby declazed 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 thus ordinance of any
such unconstitutional phrase, clause, sentence, pazagraph or section.
SECTION $.
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 9.
All nghts 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 tame of the
effective date of thus 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 thus ordinance but may be prosecuted until final disposition by the courts.
SECTION 10.
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
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newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local
Government. Code.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
Assistant Cit ttorney
EFFECTIVE ~~ ~- ~~
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