HomeMy WebLinkAboutOrdinance 14624v 11.1 .. I !_I I ~, J ~i j ~
ORDINANCE NO l ~-
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 4.803, THE
NONRESIDENTIAL DISTRICT USE TABLE, REPEAL THE
CORRESPONDING SECTIONS 5.105 AND 5.119 AND AMEND THE
CORRESPONDING SECTION 5.128 TO DELETE SUPPLEMENTAL USE
STANDARDS RELATING TO GROSS FLOOR AREA RESTRICTIONS
FOR BAKERIES, LAUNDRIES, DRY CLEANING, WASHATERIAS AND
RECORDING STUDIOS IN COMMERICIAL DISTRICTS, TO AMEND
SECTION 4.803, THE NON RESIDENTIAL DISTRICT USE TABLE TO
PERMIT ONE HOUSEHOLD DWELLING UNIT WHEN PART OF A
BUSINESS IN F-R THROUGH K DISTRICTS, AMEND SECTION 5.403
TO ALLOW MODEL HOMES IN A RESIDENTAL DISTRICT FOR A
TIME LIMIT OF THREE YEARS; AMEND SECTION 5.304A TO
ALLOW SIX FOOT WROUGHT IRON TYPE FENCE IN THE FRONT
YARD OF MULTIFAMILY DEVELOPMENTS, AMEND THE TABLES
AND TABLE COMMENTARIES IN SECTIONS 4.705C(2), 4.706C(2) AND
4.707C(2) TO ALLOW 32 FEET AS THE MAXIMUM HEIGHT FROM
SLAB TO TOP PLATE AND TO ALLOW SIX FOOT WROUGHT IRON
TYPE FENCE IN THE FRONT YARD OF MULTIFAMILY
DEVELOPMENTS, AMEND SECTION 6.506D(3)b, UNIFIED
RESIDENTIAL DEVELOPMENT, TO REQUIRE A STRUCTURE
ADJACENT TO A ONE- OR TWO-FAMILY DISTRICT TO BE SET
BACK THREE FEET FOR EVERYONE FOOT OF BUILDING HEIGHT
AS MEASURED FROM THE SLAB TO THE TOP OF THE SILL PLATE
OR SET BACK TWO FEET FOR EACH ONE FOOT IN OVERALL
BUILDING HEIGHT WHEN MEASURED FROM LOWEST FINISHED
GRADE TO TOP OF THE PEAK OF THE ROOF, WHICHEVER
MEASUREMENT IS GREATER, AMEND SECTION 5.132A, STORE,
LARGE RETAIL, TO CLARIFY THE PERCENTAGE OF DISPLAY,
OUTDOOR SALES AND STORAGE AREAS FOR LARGE RETAIL
STORES, 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, there are certain provisions m the Zoning Ordinance that routinely generate
the need for variance requests, and
WHEREAS, City Council desires to delete certain size hmrts of gross floor areas for
certain properties located m commercial districts, allow dwelling units as part of a business m the
F-R through K districts, allow model homes m a residential district for three years, increase the
maximum height allowed m multifamily units and allow six foot wrought iron type fences m
front yards of multifamily developments, and
WHEREAS, the intent of the following changes is to minimize the need for variance
requests for those zoning provisions that are customarily approved by the Board 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 8, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4 803, "Non Residential District Use Table", is amended by deleting the
supplemental use standards relating to the maximum gross floor area for the following
classifications Bakery, laundry or dry cleaning, washateria, and recording studio
SECTION 2.
Chapter 5, Article 5, of Ordinance Noy 13896, the Zoning Ordinance of the City of Fort
Worth, Section 5 105, "Bakery", is repealed m its entirety to delete the maximum amount of
3,000 square feet in floor area allowed in bakeries.
SECTION 3
Chapter 5, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 5 119, "Laundry or Dry Cleaner", is repealed m its entirety to delete the
maximum amount of 3,000 square feet m floor area allowed m laundries or dry cleaners
SECTION 4
Chapter 5, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort '
Worth, Section 5 128, "Recording Studio", is amended by deleting the maximum amount of
2,000 square feet in floor area allowed in Recording Studios as follows
5 128 Recording Studio
Recording studios may be permitted m accordance with the use tables m Chapter
4, Article 6 and 8, subject to the following conditions
1 Internal noise shall not be audible from outside the building.
2 External activity or noise generation shall not be greater than the
existing background noise level of the surrounding area.
3 Mass reproduction, duplication or storage of recorded material for
distribution, sale, or promotion is prohibited.
4 Parking requirements shall be the same as for a commercial
building.
SECTION 5.
Chapter 4, Article 8 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, "Non Residential District Use Table", is amended by adding as a permitted use one
household dwelling unit when part of a business m F-R through K Districts.
SECTION 6.
Chapter 5, Article 4, of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort
Worth, Section 5 403, Subsection 3, "Model Home", is amended to permit model homes for a
time limit of three (3) years instead of two years to read as follows
5 403 Model Home
In any residential distract, model homes used as show homes and/or sales offices
are permitted if they are located within a new subdivision to which they pertain
and subs ect to the following conditions
1 No more than three model homes per builder per platted subdivision are
permitted.
2 Model homes must be at least 300 feet from any occupied residence.
3 Model homes are subject to a time limit of three years.
4 In the "MH" District, a manufactured home maybe used as a model home.
SECTION 7
Chapter 5, Article 3, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 5.304A, "Fences, Height", is amended to permit a six foot wrought iron type
fence, or a similar type construction fence, (excluding chain link), that does not obscure visibility
m the front yard of a multifamily development,Fas follows
Fences
Height
1 No fence m excess of four feet m height, .except as provided m Subsection 2,
shall be erected on property within the minimum required front yard, platted
front yard, established front yard, or prod ected front yard,
2 A six-foot wrought iron fence or a similar type construction fence, (excluding
chain link), that does not obscure visibility is permitted m the required front
yard, platted front yard, established front yard or projected 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")
3 Screening walls or fences m excess of four feet shall be allowed in any front
yard that is, m effect, the rear yard on a through lot adjacent to an existing or
proposed arterial street. If the platted front yard or established front yard is
less than the minimum required front yard, the setback of the minimum
required front yard shall be met.
Subsections 2, 3 and 4 are re-numbered as Subsections 4, 5 and 6
SECTION 8.
Chapter 4, Article 7, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4 705, "Low Density Multifamily ("CR") District", is amended to change the
maximum feet in height allowed from slab to top plate from 30 feet maximum to 32 feet
maximum in the Table in Subsection C, "Property Development Standards", and to amend the
table commentary to allow a six foot wrought iron type fence or a similar type construction
fence, (excluding chain link), that does not obscure visibility m the front yard of multifamily
developments to read as follows
Height 32 feet maximum, slab to top plate (see Section 6 1000)
Fences 4 feet high m front yard, 2 feet high rn public open space easement,
8 feet high behind front yard. A 6-foot wrought iron type fence or
a similar type construction fence, (excluding chain link), that does
not obscure visibility, is permitted m the front yard. Such design
may include masonry columns to a maximum height of six feet, six
inches (6'6")
SECTION 9
Chapter 4, Article 7, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
a
x
Worth, Section 4 706, "Medium Density Multifamily ("C") Distract", is amended to change the
maximum feet in height allowed from slab to top plate from 30 feet maximum to 32 feet
maximum in the Table Subsection C, "Property Development Standards", and to amend the table
commentary to allow a six foot wrought iron type- fence or a similar type construction fence,
(excluding chain link), that does not obscure visibility m the front yard of multifamily
developments to read as follows
Height 32 feet maximum, slab to top plate (see Section 6 1000)
Fences 4 feet high m front yard, 2 feet high m public open space easement,
8 feet high behind front yard. A 6-foot wrought iron type fence or
a similar type construction fence, (excluding chain hnk), that does
not obscure visibility, is permitted m the front yard. Such design
may include masonry columns to a maximum height of six feet, six
inches (6'6")
SECTION 10.
Chapter 4, Article 7, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4 707, "High Density Multifamily ("D") District", is amended to change the
maximum feet in height allowed from slab to top plate from 30 feet maximum to 32 feet
maximum in the Table Subsection C, "Property Development Standards", and to amend the table
commentary to allow a six foot wrought iron type fence, or a similar type construction fence,
(excluding chain hnk), that does not obscure visibility m the front yard of multifamily
i
developments to read as follows
Height 32 feet maximum, slab to top plate (see Section 6 1000)
Fences 4 feet high in front yard, 2 feet high in public open space easement,
8 feet high behind front yard. A 6-foot wrought iron type fence or
a similar type construction fence, (excluding chain link), that does
not obscure visibility, is permitted m the front yard. Such design
may include masonry columns to a maximum height of six feet, six
inches (6' 6")
SECTION 11.
Chapter 6, Article 5, of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort
Worth, Section 6 506, "Unified Residential Development," Subsection D (3) b, "Height and
Yard Regulations, Side and Rear Yards," is amended to require a structure adjacent to a one- or
two-family distract to be set back three feet for every one foot of building height as measured
from the slab to the top of the sill plate or set back two feet for each one foot in overall building
height when measured from lowest finished grade to top of the peak of the roof, whichever
measurement is greater, to read as follows
Structures shall meet the following requirements on any side which is adjacent to a one-
or two-family district: The structure shall be set back three feet for every one foot of
building height as measured from the slab to the top of the sill plate or set back two feet
for each one foot m overall building height when measured from lowest finished grade to
top of the peak of the roof, whichever measurement is greater For purposes of
determining such setback, building height shall be measured from along the building face
exposed to the closest property line to the sill plate or the peak of the roof. A five-foot
bufferyard and six-foot screen fence shall be placed on the property line.
SECTION 12.
Chapter 5, Article 1 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 5 132A, "Store, Large Retail", is amended to clarafy that all permanent outdoor
display, sales and storage areas permitted under Section 5 132A(A)(9)(c) are hmrted to 10% of
the footprant of the building, with a maximum area of 15.,000 square feet. The first paragraph of
Subsection 5 132A(A)(9)(c) is amended to provide as follows
c Pernanent outdoor display, sales and storage Merchandise may be stored or
displayed for sale to customers on the front or side of the building m accordance
with this paragraph. The total square footage of all permanent outdoor storage,
display and sales areas permitted by subsections (1), (2) and (3) shall be limited
to 10% of the footprant of the building, but in no event shall exceed 15,000
square feet. Permanent outdoor storage, display and sales shall be contiguous to
the building and shall not be permitted wrthm 100 feet of residential property
Outdoor storage, display and sales of plumbing fixtures and large household
appliances, including without limitation hot tubs, washers, dryers, refrigerators,
dishwashers and trash compactors, is prohibited.
SECTION 13.
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
SECTION 14.
That all nghts or remedies of the Crty 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 criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 15.
That rt 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 ~ur~sdiction, such
voidness, ineffectiveness or unconstituhonahty 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 Crty Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 16.
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
SECTION 17
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52 013
SECTION 18.
That this ordinance shall be m full force and effect from and after the date of rts passage
and publication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
David tt, Crty Attorney
Assista rty Attorney
Date .~" ~~' ~~ __
Adopted. .,`s~-~~"~c~~ ~' ; ZO~~