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HomeMy WebLinkAboutOrdinance 12526.i ORDINANCE NO ~~~~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 4A, "R-1 RESIDENTIAL DISTRICT', TO REVISE SIDE YARD SETBACK REQUIREMENTS FOR CORNER LOTS, REVISING PLATTING REQUIREMENTS FOR ZERO LOT LINE AND CLUSTER HOME DEVELOPMENTS; REQUIRING SUBMISSION OF DEVELOPMENT PLANS FOR SMALL LOT AND ZERO LOT LINE DEVELOPMENTS IN CERTAIN CASES, AMENDING SECTION 4B, "R-2 RESIDENTIAL DISTRICT", TO REQUIRE SUBMISSION OF DEVELOPMENT PLANS FOR TOWNHOUSE AND CLUSTER HOME DEVELOPMENTS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS WHEREAS, Section 4A, "R-1 Residential District", of the Comprehensive Zoning Ordinance of the City of Fort Worth, regulates the development of single-family and two- family dwelling units on small lots, including zero lot line homes, WHEREAS, Section 4B, "R-2 Residential District", of the Comprehensive Zoning Ordinance of the City of Fort Worth, regulates the development of townhouses and cluster homes; WHEREAS, it is advisable to amend Section 4A and Section 4B to clarify certain standards relating to the development of townhouses, cluster homes and small lot and zero lot line subdivisions; NOW, THEREFORE, BE IT ORDAINED BY THE C{TY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Section 4A, "R-1 Residential District", Subsection C(1 ), "Height and Area Regulations for Zero Lot Line Construction -Detached", is hereby amended by amending Subsections C(1)(a)(4)(b) and C(1)(a)(8), as follows C Height and Area Regulations 1 Height and Area Regulations for Zero Lot Line Construction-Detached 4) Side Yard: b Corner Lot -Minimum of ten (10} feet adjacent to side street unless front yard setback is required. Depending upon the zero lot pattem of the block, the last corner lot may have a setback adjacent to the street and a ten (10) foot setback on the interior side to maintain the pattern. 8) All blocks using the zero yard concept shall be platted or replatted to provide a zero (0) foot setback and a ten (10) foot access easement per lot. t SECTION 2. Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Section 4A, "R-1 Residential District", Subsection C(2), "Height and Area Regulations for Zero Lot Line Construction -Attached", is hereby amended by amending Subsections C(2)(a)(4)(b) and C(2)(a)(8), as follows. C Height and Area Regulations 2. Height and Area Regulations for Zero Lot Line Construction-Attached 4) Side Yard b Corner Lot -Minimum of ten (10) feet adjacent to side street unless front yard setback is required. Depending upon the zero lot pattem of the block, the last corner lot may have a setback adjacent to the street and a ten (10) foot setback on the interior side to maintain the pattern. -2- 8) All blocks using the zero yard concept shall be platted or replatted to provide a zero (0) foot setback and a ten (10) foot access easement per lot. SECTION 3 Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Section 4A, "R-1 Residential District", Subsection D, "Special Area Regulations for Cluster Housing for One and Two Family Dwellings", is hereby amended by adding Subsection D(1)(h) and Subsection D(10), as follows D S~aecial Area Regulations for Cluster Housing for One and Two Family Dwellings Such properties are platted showing the following, if applicable h. The building setback lines for each lot. Setback lines may be shown on each lot, described in margin comments or described by common detail In the alternative, setback lines may be described in a development plan submitted pursuant to subsection 10 below 10 Unless setbacks are shown or described on the plat, a development plan must be submitted showing the proposed setbacks on each lot. Adjustments in the development plan that change the setbacks from one lot to another will not be accepted without a written release from all property owners involved in the adjustment. When amendments are accepted, the development plan must be withdrawn in its entirety SECTION 4 Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Section 46, "R-2 Residential District", Subsection C, "Height and Area Regulations", is hereby amended by adding a new Subsection C(11), as follows 11 A development plan must be submitted showing the proposed setbacks on each lot. Adjustments in the development plan that change the setbacks from one lot to another will not be accepted without a written release from all property owners involved in the adjustment. When amendments are accepted, the development plan must be withdrawn in its entirety -3- SECTION 5 All provisions of Section 4A and Section 4B which are not expressly amended herein shall remain in full force and effect. 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 direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 7 tt 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 sha11 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 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 is permitted to exist shall constitute a separate offense -4- SECTION 9 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. 3011 or any other ordinances affecting zoning 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 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 10 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 11 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 SECTION 12. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained -5- AP/PR VED AS TO FORM AND LEGALITY P~ssistant City Attorney Date ~ ~ 1 ~ ~ ~' ADOPTED t ~ j 9 g EFFECTIVE. -6-