Can They Build That Here? - Tanglewood Neighborhood Association

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
What is Zoning?
- 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.
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 5 ft.
corner lot 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.
Established/Projected Setbacks, cont.
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.
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
Less than 5,000 square feet Maximum Total Square Feet For
Accessory Buildings 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 Lot Size 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.
1.5 ft.
1.5 ft.
5 ft.
Carports only- if less than
400 sf and other regulations
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
What about Variances or Special
Exceptions?
- 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
BOA
district court.
www.fortworthtexas.gov./planninganddevelopment/zoninginfo.aspx
• Questions?
• Comments?
To Contact the Zoning Section: 817-392-8028
or [email protected]