HomeMy WebLinkAboutOrdinance 15978ORDINANCE NO. I ~~ ~ O
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 5.305 `FENCES" OF ARTICLE 3,
ACCESSORY USES" OF CHAPTER 5, `SUPPLEMENTAL USE
STANDARDS" TO PROHIBIT SOLID FENCES AND WALLS IN THE
MINIMUM REQUIRED FRONT YARD, PLATTED FRONT YARD, OR
PROJECTED FRONT YARD EXCEPT BY SPECIAL EXCEPTION BY THE
BOARD OF ADJUSTMENT TO ALLOW OPEN DESIGN FIVE-FOOT
FENCES IN THE FRONT YARD BY SPECIAL EXCEPTION BY THE ~
BOARD OF ADJUSTMENT• TO ALLOW EIGHT FOOT FENCES
SURROUNDING UTILITY FACILITIES IN THE MINIMUM REQUIRED
FRONT YARD, PLATTED FRONT YARD, OR PROJECTED FRONT
YARD• TO AMEND THE TABLE COMMENTARY IN SUBSECTION C
`PROPERTY DEVELOPMENT STANDARDS FOR ONE-FAMILY AND
TWO FAMILY RESIDENTIAL DWELLINGS TO AMEND THE TABLE
COMMENTARY FOR MULTIFAMILY DISTRICTS TO CLARIFY THE
MAXIMUM PERMITTED FENCE HEIGHT IN THE FRONT YARDS OF
RESIDENTIAL DWELLINGS, 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, currently the Zomng Ordinance does not allow fences m excess of four feet m
height within the minimum required front yard, platted front yard, established front yard, or
projected front yard ofone-family and two-family residential dwellings;
WHEREAS, the Board of Adjustment receives a high volume of requests for fences over
four feet m height m the front yard of one family and two-family residential dwellings from
citizens requesting higher fences for safety reasons,
WHEREAS, the Board of Adjustment receives a high volume of requests for fences over
four feet m height m the projected front yard of one family and two-family residential dwellings
m order for the property owner to provide pnvacy and use of the yard,
WHEREAS, the United States Justice Department has determined that solid fences and
walls m the front yards encourage opportunities for creme therefore creating public safety concerns;
and
WHEREAS, it is advisable to amend Section 5.305 `Fences" of Article 3 Accessory
Uses" of Chapter 5 `Supplemental Use Standards" to restrict solid fences and walls m the front
yards but allow fences greater than four feet m height that will not impair visibility or deter police
activity for one-family and two-family residential dwellings by special exception and to allow
open design fences up to eight feet in height around utility facilities;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
Subsection B `Height" of Section 5.305 `Fences" of Article 3 Accessory Uses" of
Chapter 5 `Supplemental Use Standards" of Ordinance No 13896, as amended, the Zoning
Ordinance of the Crty of Fort Worth, is renamed and amended to prohibit solid fences or walls m
the front yard except by special exception, to allow open design fences five feet in height m the
front yard and in the projected front yard of one-family and two-family residential dwellings by
special exception and to allow up eight foot fences surrounding utility facilities as follows.
B. Height and Front Yard Regulations
1 No fence or wall shall be erected within the minimum required front
yard, platted front yard, or projected front yard except as provided in
Subsection 2 for one family and two-family residential dwellings,
Subsection 3 for multifamily developments, Subsection 4 for utility
facilities and Subsection 5 for automobile repair and body shops.
2. One Family and Two-Family Residential Dwellings
a. Up to four foot open design fence consisting of wrought iron,
tubular steel, picket or a similar type material designed for fencing
2
(excluding chain link) that does not obscure visibility and is no
greater than 50 percent in density may be erected on property
wrthm the minimum required front yard, platted front yard,
established front yard or projected front yard of one family and
two-family residential dwellings.
b No solid fences and walls are permitted m the required front yard,
projected front yard or platted front yard of one-family and two-
family residential dwellings. The Board of Adjustment may grant a
special exception to allow a solid fence or wall up to four feet m
height m the front yard, platted front yard or prod ected front yard in
accordance with the requirements set forth for special exceptions
m Chapter 3 Article 3
c. up to a five-foot open design fence consisting of wrought iron,
tubular steel, .picket or a similar type material designed for fencing
(excluding chain hnk) that does not obscure visibility and is no
greater than 50 percent m density may be permitted within the
minimum required front yard, platted front yard, or projected front
yard of one-family and two-family residential dwellings as a
special exception by the Board of Adjustment provided the
following conditions are met:
i. The fence will be compatible with the existing use and
permitted development of the adjacent properties,
ii. The applicant obtains the consent of the property
owners of the properties adjacent to the applicant's
property and the property owners of the property
located directly across the street from the applicant's
property
Fence designs may include columns to a maximum height of five
feet, six inches (5 6")
3 Multifamily Developments
Up to a six foot wrought iron fence or a similar type construction
fence that does not obscure visibility (excluding chain link) may be
erected wrthm the minimum required front yard or prod ected front
yard of a multifamily development constructed under Section 6.506
entitled `Unified Residential Development. Such fence design may
include masonry columns to a maximum height of six feet, six
inches (6 6")
4 Up to an eight foot open design fence consisting of wrought iron,
tubular steel, picket or a similar type material designed for fencing
3
(excluding chain link) that does not obscure visibility and is no
greater than 50 percent in density (excluding chain link) may be
erected around utility facilities wrthm the minimum required front
yard, platted front yard, or prod ected front yard.
5 Fences required under Section 5 104 for automotive repair and body
shops may be erected wrthm the minimum required front yard,
platted front yard, or projected front yard.
Subsections 3 4 5 and 6 are re-numbered as Subsections 6 7 8, and 9 All other
provisions of Subsection B of Section 5.305 `Fences" of Article 3 Accessory Uses" of Chapter
5 `Supplemental Use Standards" shall remain m full force and effect.
SECTION 2.
Chapter 4 Article 7 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, `Residential Distracts" is hereby amended to change the table commentary in Subsection
C `Property Development Standards" for one family and two-family residential dwellings m
Section 4 700 One Family ("A 2.SA') Distract; Section 4 701 One-Family ("A-43 ') District;
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") Distract) Section 4.902, Low Intensity Mixed-Use ("MU 1 ')
Distract; and Section 4 1001 High Intensity Mixed-Use ("MU-2") Distract to read as follows.
Fences- 2 feet high m public open space easement, 8 feet high behind front
yard, see Section 5.305 for fence requirements for fences allowed for
residential dwellings
4
SECTION 3.
Chapter 4 Article 7 of Ordinance No 13896, the zoning ordinance of the Crty of Fort
Worth, `Residential Distracts" is hereby amended to change the table commentary m Subsection
C `Property Development Standards" m Section 4 710 Low Density Multifamily ("CR')
Distract, Section 4 711 Medium Density Multifamily ("C") Distract, and Section 4 712, High
Density Multifamily ("D") Distract to clarafy that six foot fences are allowed in the front yard of
multifamily developments as follows.
Fences- Up to 5 feet high m front yard and projected front yard for one
family and two-family residential dwellings per regulations m Section
5.305B.2 six feet high in the front yard for multifamily developments
subject to the Unified Residential requirements of Section 6.506 as
constructed under Section 5.305B.3 (the design may include masonry
columns to a maximum height of six feet, six inches) 2 feet high m public
open space easement and 8 feet high behind front yard.
SECTION 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 m direct conflict with the provisions of such ordinances and such Code, m 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 Crty 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 ~urasdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
5
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutionalplirase, clause, sentence, paragraph or section.
SECTION 6.
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 7
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 m 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 8.
The Crty 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 m the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local
Government Code.
6
SECTION 9
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
A~si~tarit City Attorney
ADOPTED• l ~ Z-~ d ~~
EFFECTIVE