Dalworthington Gardens
City Zoning Code
City Zoning Code
Division 4
General Standards
§ 14.02.121 Purpose.
The purpose of this division is to state certain standards which, except where specifically stated otherwise, apply to all zoning districts.
(2005 Code, sec. 17.4.01)
§ 14.02.122 Lot requirements.
(a)
No building shall be hereafter erected and no existing building shall be hereafter enlarged unless the same is situated on a lot platted pursuant to state law and the provisions of article 10.02 of the city code.
(b)
In the SF district, no more than one main building shall be allowed on a single lot, except as hereinafter provided.
(c)
In any district, more than one structure may be erected and/or used for a permitted principal use (other than a single-family dwelling) on a single platted lot, provided that all of the requirements of this article, as to yard and other regulations, are met as to each structure as if the same were the only principal structure on such lot.
(2005 Code, sec. 17.4.02)
§ 14.02.123 Yard requirements.
(a)
Double frontage lots.
On double frontage lots, a minimum front yard shall be required on both streets; provided however, that when a principal structure on a double frontage lot will back on a major thoroughfare, the minimum rear yard in an “SF” district may be reduced as provided in the district regulations, when:
(1)
The front and rear yards and building lines therefor are designated on a plat approved by the council and recorded in the plat records of Tarrant County, Texas; and
(2)
A screening device approved by the city as to location and height is erected along the property line abutting the major thoroughfare.
When a double frontage lot is located in an SF district, the right-of-way of the major thoroughfare shall be the rear lot line and such lot shall face on the minor street. |
(b)
Reverse corner lots.
On a reverse corner lot in any district, the rear line of which abuts a lot zoned for residential purposes, no structure or portion thereof shall be located within twenty-five (25) feet of any part of said rear lot line. Further, any portion of a structure which is located within thirty-five (35) feet of such rear lot line shall observe the same yard requirements on its side-street side as are specified by this article for the lot which it abuts to its rear.
(c)
Swimming pools and tennis courts.
In all districts, a swimming pool or tennis court shall be permitted in a required side or rear yard under the following conditions:
(1)
The pool area shall be enclosed in compliance with article 3.05 of this code.
(2)
Pools and tennis courts shall not be located within ten (10) feet of a property line measured from the outside edge of the coping (in the case of pools) or the playing surface (in the case of tennis courts).
(3)
Lighting shall be directed toward the recreation area and away from adjacent residential uses.
(d)
Permitted obstructions in required yards and open spaces.
The following shall not be considered to be obstructions when located in the required yards and open spaces specified.
(1)
In all required yards:
(A)
Open terraces not over four (4) feet above the average grade of the property at the nearest property line, but not including a permanently roofed terrace or porch, awning or canopy.
(B)
Steps four (4) feet or less above grade which are necessary for access to a permitted building, or to a building lot, from a street or alley.
(C)
Chimneys projecting twenty-four (24) or less inches into the yard.
(D)
Fences, subject to subsection (2)(c) hereof.
(2)
In front yards:
(A)
Bay windows, balconies and overhanging eaves or gutters, none of which shall project more than four (4) feet into a required yard.
(B)
Plants, hedges or other natural growth, so long as the same do not constitute a sight obstruction, as described and regulated by subsection (5) hereof.
(C)
Fences not exceeding four (4) feet in height which do not constitute a sight obstruction.
(3)
In side yards: Bay windows, overhanging eaves or gutters projecting two feet or less into a required yard.
(4)
In rear yards: In residential districts, none of the following shall be considered an obstruction in a rear yard:
(A)
Provided that it is situated within the required yard of a principal structure and does not exceed the maximum allowed height of a principal structure: accessory structures; breezeways and open, unroofed porches.
(B)
Provided that it is situated between ten (10) feet of the property line of the adjacent residential property and the required yard of a principal structure and does not exceed a height of fifteen (15) feet: accessory structures; breezeways and open, unroofed porches.
(C)
Provided that they are not situated within twenty (20) feet of the property line of adjacent residential property: balconies, bay windows and overhanging eaves or gutters.
(D)
Open off-street parking spaces shall be permitted in required yards unless elsewhere herein prohibited.
(5)
Sight obstructions: Nothing herein provided shall be construed as permitting any obstruction to view which may constitute a traffic hazard. On the contrary, it shall be unlawful for any person to erect or place or cause to be erected or placed, or to perpetuate or maintain, on any property under his control any hedge, tree, shrub, or other growth or any fence or other structure in such manner or at such location as to constitute an obstruction to view creating a traffic hazard. On corners or on street curves of more than sixty (60) degrees, when doubt may exist regarding sight obstructions, the approval of the city engineer shall be required.
(e)
Front yard storage.
No part of a required front yard in a residential district shall be used for any period of more than ten (10) consecutive days for the parking or storage of any vehicle, object or material not elsewhere herein permitted.
(2005 Code, sec. 17.4.03; Ordinance 2020-02, sec. 4, adopted 2/20/20)
§ 14.02.124 Principal and accessory structures and uses.
(a)
No accessory structure or accessory storage structure may be used for dwelling purposes unless all or part of the structure also meets the requirements for an accessory dwelling.
(b)
An accessory dwelling may be used for storage.
(c)
Accessory dwellings shall comply with the following requirements:
(1)
Accessory dwellings are permitted only in residential zoning districts.
(2)
Accessory dwellings shall conform with the character of the principle structure as well as the city’s design standards.
(3)
Accessory dwellings shall comply with the same setback requirements as required for the principal structure.
(4)
Accessory dwellings shall not be located in front of the principal structure unless there is more than 100 feet between the principal structure and the front lot line.
(5)
Accessory dwellings shall be constructed on a permanent foundation.
(6)
Accessory dwellings shall be constructed a minimum of 10 feet from the principal structure, and 10 feet from any other structure.
(7)
Accessory dwellings shall not exceed the larger of 700 square feet of livable space or 25% of the total livable floor area of the principal structure.
(8)
Replatting is not required prior to construction of an accessory dwelling.
(9)
Cargo containers, in any form, shall not be used as accessory dwellings.
(10)
Accessory dwellings must have a kitchen and at least one bathroom.
(11)
A maximum of one accessory dwelling is permitted per principal dwelling.
(d)
The combined area of the principal structure, any accessory structure, and any other impervious surface shall not exceed the impervious coverage requirement as outlined in section 14.02.171.
(e)
Utilities for an accessory structure shall be underground.
(f)
The height limitations for accessory structures and accessory dwellings are as follows:
(1)
All accessory structures situated between within ten (10) feet of the property line of the adjacent residential property and the required rear yard for a principal dwelling shall abide by the following height requirements:
(A)
Accessory dwellings shall not exceed 15 feet in height.
(B)
Accessory structures, excluding accessory dwellings, shall not exceed 20 feet in height.
(2)
All accessory structures situated within the required yard for a principal structure shall not exceed the maximum allowed height of the principal structure.
(g)
Neither a HUD-code manufactured home nor a mobile home may be used as an accessory structure.
(h)
In addition to those uses listed as accessory uses in the district regulations, the following are also accessory uses to appropriate principal uses:
(1)
Storage of goods used or produced by manufacturing activities on the premises occupied by such activities, when such storage is permitted by the district regulations.
(2)
The production, processing, cleaning, servicing, altering, testing, repairing or storing of merchandise normally incidental to a retail service or business, when conducted by the person engaged in the principal use, when such activity is permitted by the district regulations.
(3)
Off-street motor vehicle parking areas and loading facilities for the exclusive use of the owners, customers, clients and employees of the principal use.
(4)
Swimming pools and tennis courts as part of single-family residences, when used by residents and their guests only.
(5)
In multifamily residential developments: club rooms, clothes washing and drying facilities, swimming pools, sauna baths and other indoor and outdoor recreation facilities common to such developments, when such uses exist for the use and benefit of residents and their guests but not for the general public.
(i)
All permits required by the city for an accessory structure shall be obtained prior to construction.
(j)
All accessory structures shall be subordinate to and support the principal structure.
(k)
Accessory structures may include a private garage and similar uses; provided, that they may not be used for commercial purposes, and may be used for hobbies only in so far as such activities are not offensive by reason of odor, noise or manner of operation.
(l)
An accessory structure shall not occupy any portion of a required front or required side yard.
(m)
An accessory structure may occupy any portion of a required rear yard in a residential district other than the “MF” district, except as provided in section 14.02.123(d)(4) hereof. In the “MF” district, an accessory structure shall not occupy more than 50% of the minimum rear yard of a one-story principal structure, nor more than 40% of the minimum rear yard of a multi-story principal structure.
(n)
Accessory structures shall be maintained and kept in good repair and sound structural condition.
(o)
Except as otherwise provided herein, an accessory structure that is less than or equal to 300 square feet in size and has no electricity or plumbing shall not be required to obtain a building permit, but shall meet all requirements of this article. An accessory structure that is greater than 300 square feet in size, or any size accessory structure that is in any way attached to the primary structure, shall be required to have a building permit, be inspected by the city, and meet the requirements of this article.
(p)
Limitations on storage.
(1)
Residential zoning districts:
(A)
Cargo containers, cargo storage, and/or tractor trailer storage shall not be permitted in residential zoning districts.
(B)
This does not include residential trailers.
(2)
Commercial zoning districts:
(A)
Cargo containers and/or cargo storage shall be permitted in commercial zoning districts provided any one business does not exceed three (3) cargo containers or cargo storage containers combined. Cargo containers and cargo storage containers shall be screened from public view.
(B)
Non-registered travel and/or tractor trailers shall not be permitted in commercial zoning districts.
(3)
Notwithstanding the above, temporary storage pods may be placed on any lot in residential zoning districts (but not blocking any portion of the right-of-way or sidewalk) for the purposes of loading or unloading furnishings or other goods for not more than sixty (60) days. In commercial districts, temporary storage pods are required to be removed once a certificate of occupancy has been issued.
(Ordinance 2020-02, sec. 2, adopted 2/20/20; Ordinance 2021-05 adopted 6/17/21)
§ 14.02.125 Screening devices.
(a)
Where required.
A screening device, as herein defined, shall be erected before any use other than uses permitted in the “SF” or “MF” districts is made of property in “B-1” or less restrictive districts when such property abuts residentially zoned property. Insofar as it is practical, such screening device shall be erected along the entire length of the common line between such nonresidential property and the abutting residentially zoned property.
(b)
Erection and maintenance responsibility.
(1)
When a screening device is required under the terms of subsection (a) of this section, it shall be the responsibility of the user of the commercial or industrial property to erect the required screening device, and the same shall be a condition precedent to the issuance of a certificate of occupancy for the premises on which said device is located.
(2)
All screening devices required by this article or action of the board of adjustment shall be perpetually maintained by the user of the property on which said device is located.
(3)
No fence or other screening device, whether required or not, shall exceed six (6) feet in height, without prior board approval.
(c)
PD screening.
In residential planned developments the council may approve as part of the PD site plan masonry walls higher than provided above in required yards so long as the same do not violate visibility restrictions.
(2005 Code, sec. 17.4.05)
§ 14.02.126 Height standards.
(a)
The maximum heights of structures contained in the district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other structural appurtenances usually placed above roof level and not intended for human occupancy, but no sign or other advertising display may be located on a structure and above the maximum height of structures permitted in the district in which the same is situated.
(b)
The height of a building shall be measured from the finished floor elevation to the highest point of the building roof, exclusive of the permitted structures listed in subsection (a) of this section. Measurement shall be made from the highest point of the roof to the finished floor directly below such point. If a building has a finished floor at more than one grade, a height measurement shall be made using each such grade, but no structure shall exceed the maximum height therefor prescribed in the applicable district regulations.
(c)
The height of a sign shall be measured from the surface grade vertically beneath the sign to the highest point of the sign face.
(2005 Code, sec. 17.4.06)
§ 14.02.127 Agricultural uses.
(a)
In districts where the same are otherwise herein permitted, agricultural and livestock uses shall not be conducted on any lot or tract having an area of less than 40,000 square feet.
(b)
The intensity of use of land for grazing purposes shall not exceed 10,000 square feet of grazing area per equine or bovine animal and 3,000 square feet of grazing area per each other kind of domestic animal.
(2005 Code, sec. 17.4.07)
§ 14.02.128 Design standards.
Nonresidential buildings in the city shall be built in accordance with the provisions for building design and materials standards contained in this section.
(1)
Materials and color - walls.
Exterior wall construction for permitted nonresidential buildings in any zoning district shall be in accordance with the following:
(A)
A wall shall be not less than 80% masonry.
(B)
The percentage calculation shall apply to each building elevation and each elevation shall be calculated independently.
(C)
For the purpose of calculation, wall area shall include eaves, gables and parapets, but shall not include exterior windows and doors, roofs, awnings and signs.
(D)
As used in this section, “masonry” includes:
(i)
Brick, stone or tile, hand laid unit by unit;
(ii)
Veneer simulations of the materials having the appearance of hand-laid units, when approved by the city;
(iii)
Stucco when applied in accordance with building code standards therefor; and
(iv)
Tilt-wall and other pre-cast walls, but only when the exterior surface is faced with one or more of the applications described in (i) through (iii) of this subsection (D) on each street frontage and on the sides of the building. The rear elevation of the building shall also be so faced when the rear abuts property zoned or used for residential purposes.
(E)
Glass shall not exceed 50 percent of the area of any one facade of a building.
(F)
Exterior wall surfaces shall consist of no more than three colors: a base color in an earth tone, which may be 100% of the wall area; a trim color, which may not exceed 20% of the wall area; and, an accent color that may not exceed 1% of the wall area.
(G)
In combination, accent materials and non-masonry materials shall not exceed 20% of any one building elevation.
(H)
Awnings shall be canvases or a lusterless, non-metallic material closely resembling canvas, at least 98% of which is a single deep or neutral solid color. The remaining 2%, if a different, shall be a contrasting color. Awnings shall not be backlit.
(2)
Materials, color and design - roofs.
Roof construction for permitted nonresidential buildings in any zoning district shall be in accordance with the following:
(A)
All structures having 6000 square feet or less footprint shall be constructed with a pitched roof having a pitch not less than 2/12. Those having a footprint greater than 6000 square feet shall be constructed with either a pitched, parapet or mansard roof system, which shall be enclosed on all sides.
(B)
Standing seam metal roofs shall be made of copper or shall have a factory-treated, nonmetallic, matte finish. Metal roofs with lapped-seam construction, bituminous built-up roofs, and flat membrane roofs that are visible shall be prohibited.
(C)
Pitched roofs shall have roofing material of a lusterless neutral/earth tone or green color. Green colors shall be limited to dark forest greens, pale bluish-gray greens, slate greens and copper patina.
(D)
Roof-mounted equipment otherwise visible from the same or adjacent property shall be screened from view. The screen shall be the color of the roof material or the wall material, whichever most effectively minimizes visibility from the ground.
(3)
Building articulation.
On all building elevations the following horizontal and vertical articulation must be met:
(A)
Horizontal articulation.
A building elevation extending horizontally more than eighty (80) feet shall have no less than 30% of the total area of the elevation offset a minimum of four (4) feet, either protruding forward of or recessed back from the remainder of the elevation. A building elevation extending horizontally less than eighty (80) feet shall have no less than 30% of the total area of the elevation offset a minimum of two (2) feet.
(B)
Vertical articulation.
No wall shall extend horizontally for a distance greater than three (3) times the height of the wall without changing the height by a minimum of 15% of the wall height, and such height change shall continue for a minimum distance equal to 25% of the maximum horizontal length of either adjacent plane.
(C)
Application.
The horizontal and vertical articulation requirements of this subsection (3) shall apply to: (i) all street frontage and side yard building elevations; and (ii) rear elevations on property adjacent to property zoned or used for residential purposes, but excluding from application those elevations adjacent to and within five feet of other buildings.
(2005 Code, sec. 17.4.08)
§ 14.02.129 Standards for certain uses.
Certain land uses occurring throughout the city require the establishment of standards for the preservation of the integrity of the property on which uses are located, as well as that of adjacent land. This section contains standards for these land uses if not otherwise regulated by this or other ordinances of the city.
(1)
Natural gas compressor stations.
Any natural gas compressor station in the city shall comply with the following in all zoning districts of the city.
(A)
A building permit shall be required for the station complex.
(B)
The station complex shall be situated on a platted lot approved by the city and recorded in the plat records of Tarrant County.
(C)
Setbacks.
(i)
A minimum building setback for all compressor station buildings and equipment shall be established and maintained for all yards at the distances specified for the zoning district in which the station complex is located, as follows:
Zoning District | Required Setback (in feet) for All Yards |
|---|---|
SF | 300 |
MF | 300 |
GH | 300 |
B-1 | 200 |
B-2 | 200 |
B-3 | 200 |
LI | 100 |
(ii)
Where the station complex site abuts a different district, the more restrictive building setback shall be applied.
(iii)
Where a station complex site adjoins street right-of-way, the required building setback along the right-of-way shall be not less than the minimum setback for property situated on the opposite side of the street right-of-way.
(D)
Screening.
In order to protect the aesthetic integrity of adjacent properties, the station site shall be screened by a wrought iron type fence along boundary lines that front a dedicated public street right-of-way of any type, or that front a private street right-of-way dedicated for public use. Brick or stone columns shall be constructed on approximately fifty (50) foot centers for such fence.
(E)
Enclosures.
All compressor station equipment and sound attenuation structures shall be enclosed within a building. Such building shall have a portion of its exterior walls constructed of masonry and shall be designed with the following elements:
(i)
A four (4) foot high masonry bulkhead wall shall be constructed on at least two (2) building facades most visible to the public.
(ii)
At least two (2) building facades, specifically those most visible to the public, shall be constructed with a brick or stone accent that is at least twenty (20) feet in width, extending from foundation grade vertically to the roof line of the building and terminating with a sloped or arched profile.
(iii)
The roof shall be sloped with a pitch of no less than 5:12 and shall contain at least one raised structure in the form of a cupola, steeple tower, clerestory element or similar structure. No flat roof shall be permitted.
(iv)
The non-masonry will surfaces may be constructed of painted metal, stucco or cementitious fiberboard material. Engineered wood paneling shall not be permitted for the finished exterior.
(v)
The architectural design of the building shall be compatible with the visual context of surrounding development in the same zoning district. The building may be designed as a representation of, but not be limited to, the following building types: barn structure; estate residence; school or similar institution; gazebo or picnic area enclosure; club house or recreational facility; retail or office building; or, any combination of the above.
(F)
Access.
Vehicular access to the boundaries of the station complex from the street and those areas within the complex site where vehicular traffic and parking is to occur shall be paved with a concrete surface at a thickness and design meeting the city’s standard specifications for city streets.
(G)
Sound.
The operation of station equipment shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels measured at the property line of the station site and within 300 feet of the station building. Prior to the issuance of any building permit for a station complex:
(i)
The applicant shall cause a test to be performed of a type to be approved in advance by the city, to determine the pre-development ambient noise levels.
(ii)
The applicant shall give prior notice to the city of the date and time of the test.
(iii)
The applicant shall submit to the city the written certification by a registered engineer that the station complex, when built in accordance with the submitted design plans therefor, will preserve and maintain an exterior noise level no greater than the pre-development noise level, as determined by the required test.
(H)
Landscape.
The station site shall be landscaped in a manner that is compatible with the landscape ordinances of the city.
(Ordinance 09-02, sec. 1, adopted 3/19/09)
