can they build that here? -...

Can They Build That

Here?

Tanglewood Neighborhood Association by the

Planning and Development Department

April 16, 2012

Tanglewood Neighborhood Association

Includes several platted subdivisions: •  Tanglewood Addition

–  Homes built 1950s – 1960s –  Beginning to experience tear downs and

rebuilds

•  Overton Park Addition –  Built 1960s – 1970s

•  Overton Crest –  Built 1970s -1980s

•  Overton Terrace –  Built primarily in the 1980s

- Implements the Future Land Use Plan which considers site characteristics such as transportation, utilities, surrounding existing uses, and market. - Regulates land use and the effect on adjacent uses - Regulates lot size, setback, height, parking, landscaping, signage, etc.

What is Zoning?

Why have Zoning? •  To provide order and predictability to residents for land

use and building construction standards •  Benefits residents through minimizing nuisances and

higher quality of life

Unincorporated Denton County

What Zoning does not regulate or remedy •  Drainage problems – a storm water study is required

during building permit review; other problems are addressed through city projects

•  Fire hazards – plans are reviewed at the time of building permit review and enforced through initial and annual inspections; multi-family and nonresidential structures only

•  Noise – Regulated as a nuisance and enforced by the Police Department; current ordinance amendment delayed

•  Parking if not near residential uses – no requirement if not within 250 ft. of one- or two-family zoning; market dictates

•  Fence location on private property lines •  Outdoor play equipment

City Zoning Authority is from the State TEXAS STATUTE - LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES,

BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 211. MUNICIPAL ZONING AUTHORITY SUBCHAPTER A. GENERAL ZONING REGULATIONS Sec. 211.001. PURPOSE.

The powers granted under this subchapter

are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving

places and areas of historical, cultural, or architectural importance and significance.

The City of Fort Worth has:

Single family residential districts A-R2 (10) Multi family residential districts C-UR (4)

Commercial districts ER-H(6) Industrial districts I-K (3)

Planned Developments (900-ish)

Special purpose districts – AG, CF, MH, O-1, O-2 Overlays- CD, DD, HC, HSE, IH35N Design

Design districts – Downtown Mixed Use / Form-Based districts -

MU1, MU2, Trinity Uptown, Near Southside, Camp Bowie

Upcoming: Airport Overlays

All of Tanglewood NA is zoned A-5.

“A” was the original zoning since the 1940s.

A to A-5 in 2000

Regulations in “A” districts

Main Structure A-5 A-7.5 A-10

Lot Width (Min. lin. ft.) 50 ft. 55 ft. 60 ft.

Lot Size (Min. sq. ft.) 5,000 7,500 10,000

Height (ft.) measured at top plate

35 ft. 35 ft. 35 ft.

Front Setback (ft.) or platted 20 ft. 20 ft. 25 ft. Side Setback (ft.) interior lot corner lot

5 ft. 10 ft.

5 ft. 10 ft.

5 ft. 10 ft.

Rear Setback (ft.) 5 ft. 5 ft. 5 ft.

Fence height Front yard Other

4 ft., open 6 ft. w/o permit 8 ft. w/ permit

4 ft., open 6 ft. w/o permit 8 ft. w/ permit

4 ft., open 6 ft. w/o permit 8 ft. w/ permit

Standards apply within the district, not individual lot sizes.

Established/Projected Setbacks 6.101E. Established Front Yard Setback 1. No building shall project beyond the established front yard; does not require a front

yard of more than 50 feet. 2.  Setbacks on a recorded plat equal or greater depth than the minimum depth shall be

enforced. 3.  The projection of sills, belt courses, cornices, chimneys, bay windows, buttresses,

ornamental features and eaves, canopies, open canopies, and open porches shall be permitted to extend from the main wall of the building to the required 20-foot front yard line or platted front yard line.

G. Projected Front Yard Setbacks 1.  Corner Lot. Where a corner lot abuts on the side of a lot facing the other

intersecting street, there shall be a side yard on the corner lot equal to the front yard required on the lot adjacent to the rear of the corner lot or separated only by an alley.

2.  Interior Lot. Where an interior lot abuts another zoning district, there shall be

a projected front yard equal to the most restrictive front yard required on any lot in the same block face. E.g., F adjacent to A-5 N/A in most of Tanglewood.

Established/Projected Setbacks, cont.

Accessory Uses

Typical uses: detached garage, carport, storage shed, pool house, cabana, outdoor kitchen. Any permanent structure must be permitted.

Accessory use types: •  Habitable (guest house, studio, office)

-  An accessory guest house cannot have a full kitchen, regulated as a 220V or gas connection and cannot have own electric or water connections

-  May not exceed the height of the residence -  Cannot be used as a rental structure or separate unit in an “A”

district •  Non-habitable (garage or storage, etc.)

Accessory Uses, cont.

Requirements for all districts: •  Can have maximum one garage and one carport •  Not permitted within the required front yard (platted or

setback) •  Cannot exceed the maximum lot coverage

- Count includes all structures except garages or carports

Lot Size   Maximum Total Square Feet For Accessory Buildings  

Less  than  5,000  square  feet   120  square  feet  

5,000  to  9,999  square  feet   200  square  feet  

10,000  to  21,779  square  feet   400  square  feet  

21,780  square  feet  to  43,559  square  feet   400  square  feet  

43,560  square  feet  or  larger   2%  of  the  total  area  of  the  lot  

Accessory Structures Accessory A-5 A-7.5 A-10

Lot coverage 50% 45% 40%

Height (ft.) 8 ft.; up to 12 ft. w setback

8 ft.; up to 12 ft. w setback

8 ft.; up to 12 ft. w setback

Front Setback (ft.) Not allowed in front yard

Not allowed in front yard

Not allowed in front yard

Side Setback (ft.) 5 ft. 5 ft. 5 ft.

Rear Setback(ft.) 5 ft. 5 ft. 5 ft.

Carports only- if less than 400 sf and other regulations

1.5 ft. 1.5 ft. 5 ft.

No structures are permitted in any easements, including pools, pool equipment or landscape structures. Flatwork (sidewalk) is permitted. The understanding is that the utility may need access at some time for maintenance.

Carport at setback

Accessory taller than primary, close setbacks

Taller RV carport

Carport and high front yard fence

Detached garages with close setbacks

- Requests that do not comply with zoning ordinance standards must go through the variance process. Special Exceptions may be granted for certain uses that were determined as needing individual notification, review and approval, e.g. junkyards. - Variances must be based on a hardship of the property, such as a lot size, tree or other impediment, etc. - Courtesy notices are sent to registered organizations. (Tanglewood NA Development Committee receives these.) - Legal notice is provided to property owners within 300 ft. and a public hearing is held by either the Residential Board of Adjustment or Commercial Board of Adjustment. - Both are quasi-judicial boards meaning all appeals must be directed to district court.

What about Variances or Special Exceptions?

BOA

www.fortworthtexas.gov./planninganddevelopment/zoninginfo.aspx

• Questions?

• Comments?

To Contact the Zoning Section: 817-392-8028 or zoninglanduse@fortworthgov.org