Ordinance No. _______
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX “A” OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ARTICLE 3, “ACCESSORY USES” OF CHAPTER 5, “SUPPLEMENTAL USE STANDARDS” TO ADD A NEW SECTION, SECTION 5.308, “DOCKS, PIERS AND BOAT HOUSES” TO REGULATE RESIDENTIAL DOCKS AND BOATHOUSES; TO AMEND CHAPTER 9, “DEFINITIONS” TO ADD NEW DEFINTIONS RELATED TO DOCKS, PIERS AND BOAT HOUSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS Lake Worth is owned by the City of Fort Worth and the City has water rights in Lake Worth which is a drinking water source for residents and its wholesale customers; and
WHEREAS Lake Worth also provides a habitat for numerous species of plants and animals, and is a regional center for water recreational activities for the City of Fort Worth’s citizens and visitors; and
WHEREAS Chapter 36 of the Building Code as adopted by the City Council requires that structures constructed on Lake Worth must have the approval of the City’s Water Department, as well as comply with other City Codes; and
WHEREAS the City finds a need to take steps to protect the health and safety of the citizens of Fort Worth and the recreational users of Lake Worth by determining appropriate standards for boathouses and other structures; and
WHEREAS on or about July 2008 a steering committee was created which included representatives from various neighborhood associations around Lake Worth, real estate professionals, community members and City staff members; and
WHEREAS the steering committee developed its recommendations for standards for boathouses and other structures to be adopted by ordinance on November 20, 2008; and
WHEREAS the recommendations for boathouses and other structures were presented to the City Council’s committee on Infrastructure and Transportation on December 9, 2008; and
WHEREAS it is advisable to amend the Zoning Ordinance to add regulations for the construction and use of boathouses and other structures to insure the preservation of water quality, habitat and the natural and scenic beauty of Lake Worth as well as provide for the health and safety of its citizens and visitors.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Article 3, “Accessory Uses” of Chapter 5, “Supplemental Use Standards” of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth is hereby amended to add a new section, Section 5.308, entitled “Docks, Piers and Boathouses” to read as follows:
Section 5.308. Docks, Piers and Boathouses
A. Purpose and Intent.
1. The purpose of this Section is to regulate the construction and use of residential boathouses and other structures to insure the preservation of water quality, habitat and the natural and scenic beauty of Lake Worth as well as provide for the health and safety of its citizens and visitors.
- A person who wishes to construct or improve a residential Dock, Pier, Boathouse (structure) or Walkway must have a valid Water Use and Access Easement for Lake Worth executed and granted by the City of Fort Worth.
- Commercial docks, piers, boathouses and slips will require a Special Exception from the Board of Adjustment. The Board of Adjustment shall consider whether the proposal will affect the water quality, habitat and the natural and scenic beauty of Lake Worth or the health and safety of its citizens and visitors.
B. Size and Setback Limitations.
- The maximum size of any structure shall be as follows:
- 800 square feet of structure on a lot(s) with a shoreline that is equal to or less than 100 linear feet;
- 1,200 square feet of structure on a lot(s) with a shoreline that is greater than 100 linear feet but equal to or less than 150 linear feet; and
- 1,600 square feet of structure on a lot(s) with a shoreline that is greater than150 linear feet.
The area measured is to be the largest area at the end of a Walkway. The largest area may be either the outside corners of the structure or the roofline if it has more than a two-foot overhang. When roofs are permitted on the second story of a Dock, Pier or Boathouse as described in Subsection C. “Enclosures and Structures”, the allowable square footage shall include the total covered area of the second story.
2. One Walkway, not to exceed six (6) feet in width, shall be excluded in the square footage calculation of the structure. If, however, the Walkway exceeds six (6) feet in width, the difference shall count towards the maximum allowed square footage of the structure. No Walkway shall be allowed in excess of eight (8) feet in width or to extend to more than one structure. The distance the Walkway and the structure extends into the reservoir shall be kept as short a distance as is practical so as not to impair navigation and to maintain continuity with the shoreline.
3. The minimum setback of a structure from a projected side yard line shall be based on the width of the property at the Lakefront Property Line as follows:
Lot Width Setback
Up to 50 feet 5 feet
51-70 feet 10 feet
71-100 feet 15 feet
101 feet or more 20 feet
4. Structures may extend:
a. To a point 100 feet from the Lakefront Property Line into the waters of Lake Worth regardless of the depth of the water at that point, or
b. To the point at which the elevation of the land lying under Lake Worth is not less than 584 feet above mean sea level, but in no case more than 200 feet from the Lakefront Property Line into the water of Lake Worth.
The depth shall be determined by the City of Fort Worth.
- No structure shall occupy more than one-third (1/3) of the cove width and in no case shall be located within 10 feet of the centerline of the cove.
(insert Paul’s cove exhibit)
- A structure will be permitted without an existing residential use on the property.
- Where large undivided tracts or multiple lots are used to determine the maximum area of a structure, the linear footage of shoreline for the combined area shall be set aside and cannot be used for the future determination of the size of other structures. With multiple lots, the primary residence must cross over the center lot line(s) by at least one (1) foot in order for more than one (1) lot width to be counted in determining the maximum area of a structure.
- Enclosures and Storage.
- Enclosed structures are prohibited. To protect a raised boat within a structure from the elements, solid sides on the structure will be permitted at a maximum of two (2) feet downward from the point where the ceiling joist meets the top plate. No additional materials may be installed below the two (2) foot sidewalls.
- Structures shall be limited to a single story (lower deck) and a sundeck (upper deck) or roof. The floor of the lower deck shall be no less than the 596 foot elevation. The upper deck may not have a permanent roof or covering.
- Open design safety railings attached to the upper deck may extend upward a maximum of three (3) feet.
- A maximum storage area of thirty-two (32) square feet shall be allowed on the first floor (lower deck) of a structure. The design of the storage area shall be such that it does not close off any more than fifty percent (50%) of any wall length, maintaining the required openness required in Section C1. Products considered hazardous material or any material which has a warning label prohibiting its use or storage near water and/or public water supplies may not be stored in the storage area.
- A roof will be allowed on the second floor if the lowest finished floor of the primary structure on the lot is at or above the peak of the roof of the Dock, Pier or Boathouse.
Chapter 9, “Definitions” of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth is hereby amended to add new definitions to read as follows:
Decking shall mean the surface material that forms the floor of the structure.
Dock, Pier, or Boathouse (or any combination) shall mean a structure that permits the landing and mooring of vessels, including the anchoring system, cables, floats, electrical, plumbing and any other related components or materials installed in conjunction with the construction, maintenance, or use of the dock, but excluding the Walkway.
Lakefront Property Line shall mean the property line that borders the waters of Lake Worth as shown on the final plat of record or survey for the property.
Walkway (or Bridge) shall mean a passage that provides access from the land to a boat dock, marina, or other floating facility.
Water Use and Access Easement shall mean an easement granted by the City of Fort Worth enclosed on one side by the lakefront property line, on a second side by the waters of Lake Worth, and on the third and fourth side by two lines, each beginning at opposite ends of the lakefront property line and each being a projection of the side lot lines of each lot as shown on the plat of record or survey for the property.
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.
It 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 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or 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.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and 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.
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.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
9/21/2010 Distributed to the Committee