Article 3. Accessory Uses

5.300 General

  1. Not Permitted in More Restrictive District
    Buildings, structures or uses that are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.
  2. Accessory Structures Not Permitted In Front Yards
    No attached or detached accessory structures such as porches supported by columns, greenhouses, garages, swimming pools or similar uses shall be erected on property within the minimum required front yard, platted front yard, established front yard or projected front yard. When the platted front yard or established front yard is less than the minimum required front yard, the setback of the minimum required front yard shall be met.

5.301 Accessory Buildings on Residential Lots

  1. General Provisions
    1. Any accessory building added to an existing legal non-conforming one or two-family dwelling shall conform to the district standards applicable to the residential use.
    2. Accessory buildings shall comply with the side and rear setbacks for the primary structure of the zoning district applicable to the residential use as indicated in the Property Development Standards for that district.
    3. The total area covered by all rooftops shall not exceed the maximum lot coverage for the district applicable to the residential use.
    4. No more than one garage and one carport or porte cochere per residential unit on a single residential lot shall be permitted.  Additional garages or porte cocheres may be permitted provided the garages or porte cocheres are:
      • An integral part of the main residential structure; and
      • Have the same roofline and driveway as the main residential structure.
  2. Non-Habitable Accessory Buildings
    1. Allowable Square Footage
      • Non-habitable accessory buildings, except private garages, private carports, or private porte cocheres, shall not exceed the maximum square footage for each residential lot size as depicted in the following table:

LotSize

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
  • The maximum square footage limits shown above shall be cumulative of all non-habitable accessory buildings for each lot, excluding private garages, private carports, and private porte cocheres.  Private garages, private carports, and private porte cocheres shall not be included for the purpose of determining the allowable square footage of non-habitable accessory buildings on a single residential lot.
  • The square footage within an attic or loft shall be excluded from the calculation of maximum square footage of a non-habitable accessory building or structure.
  1. Non habitable accessory buildings or structures shall be limited to one story, but may have an attic or loft, provided the attic or loft does not contain heated or air conditioned floor space.
  2. All non-habitable accessory buildings, except private garages, private carports, and private porte cocheres, must be located behind the rear wall of the primary residential structure that is furthest from the street or at least 75 feet from the front property line, whichever is the least restrictive.
  3. Non-habitable accessory buildings, other than private garages, private carports, and private porte cocheres, shall be limited to a height of 8 feet.  The height of the accessory building may be increased to a maximum height of twelve feet, provided that, for each additional one foot of height over eight feet, the accessory building is setback an additional two feet from the rear and side setback requirements of the district applicable to the residential use.  The height of accessory buildings shall be measured from the ground to the highest point of the building.
  1. Habitable Accessory Buildings:
    In addition to the requirements set out in Subsection A “General Provisions,” habitable accessory buildings must comply with the following requirements:
    1. Habitable accessory buildings must meet all applicable City of Fort Worth building codes for habitable structures.
    2. Habitable accessory buildings may not exceed the height of the principal residence.
    3. Habitable accessory buildings may not be used as a separate independent residence for One-Family Districts.
    4. The combined lot coverage of the primary residential structure and the habitable accessory building may not exceed the maximum lot coverage for the district that is applicable to the residential use.
  2. Private Carports and Private Porte Cocheres
    1. Private carports and private porte cocheres in rear yard setbacks.
      • The rear yard setback for a private carport or private porte cocheres in One-Family Districts with a lot size or 7,500 square feet or less shall be 1.5 feet when the following conditions are met:
      • The maximum total square footage of the carport or porte cochere is not greater than 400 square feet;
      • The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and
      • The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure.
      • Rear yard setback requirements for the applicable district shall apply to all other private carports and private porte cocheres.  Requests for variances from the rear yard setback requirement shall be subject to Chapter 3, Article 4.
    2. Private Carports and private porte cochere in side yard setbacks.
      • The side yard setback for a private carport or private porte cocheres in One-Family Districts with a lot size of 7,500 square feet or less shall be 1.5 feet when the following conditions are met:
      • The maximum total square footage of the carport or porte cocheres is not greater than 200 square feet;
      • The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and
      • The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure.
      • Side yard setback requirements for the applicable district shall apply to all other private carports and private porte cocheres.  Requests for variances from the side yard setback requirement shall be subject to Chapter 3, Article 4.
    3. Private Carports and private porte cocheres in front yard setbacks.
      • No private carport or porte cochere shall be permitted within the minimum required front yard, platted front yard, or projected front yard of residential dwellings except by special exception granted by the Board of Adjustment in accordance with the use tables in Chapter 4, Article 6.  In reviewing a request for a private carport or porte cochere within the minimum required front yard, platted front yard, or projected front yard, the Board of Adjustment shall consider the following:
      • The presence and/or absence of a functional garage on the residential lot, parcel or tract;
      • The viability of access to the side and rear yard;
      • The size, height, and design of the carport or porte cochere and its impact on adjacent properties; and
      • The incidence of other carports or porte cocheres on the block face.

5.302 Accessory Buildings in "AG" District

Accessory buildings and structures clearly incidental to a farm, ranch, orchard, truck garden or nursery (including but not limited to barns, stables, equipment sheds, poultry houses, swine pens, granaries, pump houses, water tanks and silos) are permitted in the “AG” District provided that accessory buildings and structures on tracts that contain less than four acres shall be limited to 50 percent of the area of the principal dwelling, provided further that such allowable area shall not be less than 1,500 square feet.

5.303 Accessory Uses in Unified Residential Developments

In addition to other uses which qualify as accessory uses, the following shall be considered as accessory uses to Unified Residential Development:

  1. Recreation areas and spaces within buildings primarily for use of the dwelling occupants.
  2. Kindergarten and day care facility primarily for use of the dwelling occupants.
  3. Mechanical and storage buildings necessary for operation and maintenance of the Unified Residential Development.
  4. Manager’s office.
  5. Garages, carports.

5.304 Satellite Antenna (Dish)

  1. Requirements in Residential Districts
    1. Dish satellite antennas shall be considered an accessory use.
    2. When the dish exceeds one meter in diameter it shall comply with the following regulations:
      • shall not be located in the front or side yards;
      • shall not exceed 12 feet in height above ground level; and 
      • shall be enclosed by a screening fence.
  2. Requirements in Nonresidential Districts
    1. Dish satellite antennas shall be considered an accessory use.
    2. When the dish exceeds two meters in diameter it shall adhere to district height and area regulations.
  3. Requirements in “AG” District
    1. Dish satellite antennas shall be considered an accessory use.
    2. When the dish exceeds two meters in diameter it shall not be located in the front or side yards and it shall not exceed 12 feet in height above ground level.
  4. Requirements in “CF” District
    1. When the dish exceeds two meters in diameter it shall not be located in the front or side yards.
    2. When the dish exceeds two meters in diameter it shall adhere to district height regulations.
    3. If erected on the ground, the dish shall be enclosed by a six-foot screening fence.
  5. In Manufactured Housing Subdivision
    When the dish exceeds one meter in diameter, it shall not be located in the front or side yards, shall be enclosed by a screening fence, and shall not exceed 12 feet in height above ground level.
  6. In Manufactured Home Park
    When the dish exceeds one meter in diameter, it shall not be located in any required setback adjacent to a public right-of-way exterior of the complex, shall be located or screened to prevent visibility from any public right-of-way exterior of the complex, and shall not exceed 12 feet in height above ground level.

5.305 Fences

  1. Fences Required
    1. Screening fences shall be provided in the “IP” Industrial Park District in accordance with Section 4.1106B.14 and E.
    2. Inoperable automobiles upon which repairs are to be conducted in connection with automotive repair or paint and body shop shall be enclosed by a screening fence in accordance with Section 5.104.
    3. Parking areas for bed and breakfast homes shall be screened from view of adjacent residences by a solid screening fence or dense shrubs and vegetation in accordance with Section 5.106.
    4. Parking areas for bed and breakfast inns shall be screened from view of adjacent residences by a screening fence or dense shrubs and vegetation in accordance with Section 5.107.
    5. Self-service and full-service car washes shall have a screening fence or wall along any property line abutting a residential district in accordance with Section 5.108.
    6. Outdoor play areas for day cares shall be enclosed by a fence or wall in accordance with Section 5.111.
    7. Newspaper distribution centers shall be screened from adjacent residential districts or properties with a screening fence in accordance with Section 5.124.
    8. Permanent outdoor display, sales and storage areas and rear storage areas for large retail stores shall be enclosed by a fence in accordance with Section 5.133 (A) (9).
    9. Telecommunications towers and support facilities shall be surrounded by a security fence in accordance with Section 5.137.
    10. Motor vehicle junk yards or used automobile junk areas in an “I” Light Industrial, “J” Medium Industrial or “K” Heavy Industrial District shall be enclosed by a screening fence in accordance with Section 5.141.
    11. Certain dish satellite antennas shall be enclosed by a screening fence in accordance with Section 5.304.
    12. Off-site auxiliary parking lots shall have a screening fence and bufferyard on all sides adjacent to a residential district in accordance with Section 6.202.
    13. A screening fence shall be constructed between one- or two-family residential districts and adjacent nonresidential districts in accordance with Section 6.300.
    14. Refuse handling facilities, mechanical equipment, loading docks and truck berths shall be screened in accordance with Section C, which may include an opaque wall or wooden screening fence.
    15. A screening fence shall be constructed on property lines of Unified Residential Developments adjacent to a one- or two-family residential district in accordance with Section 6.506D.
    16. Vehicles stored overnight for repair at automotive repair, paint and body shops shall be stored in an enclosed building, enclosed by a minimum six foot solid screen evergreen hedge or enclosed by a minimum six-foot screening fence in accordance with Section 5.104.
      COMMENTARY: All fences, over 6 feet in height (except chain link fences) require a building permit.
    17. Vehicles that have been accepted for repairs by automotive repair, paint and body shops must be screened from view behind a six-foot solid screening fence or six-foot solid screen evergreen hedge in accordance with Section 5.104 if the automotive repair, paint and body shop is: 1) adjacent to any one or two-family residential use or 2) within 200 feet from any one or two-family residential use.
    18. Any property (except when located in a Mixed Use District) that is platted into three lots or more for one or two family development where the side or rear yard are adjacent to an arterial street as defined by the City Master Thoroughfare Plan, shall be required to provide a minimum 6' masonry wall of brick, stone, decorative cast concrete or cedar wood fence along the entire length of each property.  Masonry columns shall be provided not greater than 10 ft. on center.  A horizontal relief of the same height shall be placed parallel to the arterial street at intervals not greater than 500 feet with a minimum off-set of 3 feet in depth by 50 feet in length.  The off-set section shall be wrought iron type fence design or other such material as approved by the Director of Development, as referenced in Section 5.305.c.1.  Required fences may also be located within an easement dedicated to a Home Owners Association (HOA) or Public Improvement District (PID), or, a designated lot of not less than 5 feet wide along the rear or side property line of the residential lots adjacent to the arterial street right-of-Way under the control of an HOA or PID.  No building permit shall be issued for lots required to provide a masonry screen fence under this section until a building permit has been provided for the fence.
  2. Height and Front Yard Regulations
    1. No fence or wall shall be erected within the minimum required front yard, platted front yard, or projected front yard except as provided in Subsection 2 for one-family and two-family residential dwellings, Subsection 3 for multifamily developments, Subsection 4 for utility facilities and Subsection 5 for automobile repair and body shops.
    2. One-Family and Two-Family Residential Dwellings.
      1. Up to four-foot open design fence consisting of wrought-iron, tubular steel, picket or similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50 percent in density may be erected on property within the minimum required front yard, platted front yard, established front yard projected front yard of one-family and two-family residential dwellings.
      2. No solid fences and walls are permitted in the required front yard, projected front yard or platted yard of one-family and two-family residential dwellings.  The Board of Adjustment may grant a special exception to allow a solid fence or wall up to four feet in height in the front yard, platted front yard or projected front yard in accordance with the requirements set forth for special exceptions in Chapter 3, Article 3.
      3. Up to a five-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluded chain link) that does not obscure visibility and is no greater than 50 percent in density may be permitted within the minimum required front yard, platted front yard, or projected front yard of one-family and two-family residential dwellings as a special exception by the Board of Adjustment provided the following are met:
        1. The fence will be compatible with the existing use and permitted development of the adjacent properties;
        2. The applicant obtains the consent of the property owners of the properties adjacent to the applicant’s property and property owners of the property located directly across the street from the applicant’s property.

          Fence designs may include columns to a maximum height of five feet, six inches (5’6”).  For multifamily developments located in MU-1 and MU-2 districts, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space, shall not extend beyond building facades; i.e. these fences shall not be located in the area between building facades and the property line.
    3. Multifamily Developments

      Up to six-foot wrought-iron fence similar type construction fence that does not obscure visibility (excluding chain link) may be erected within the minimum required front yard or projected front yard of a multifamily development constructed under Section 6.506 entitled “Unified Residential Development.”  Such fence design may include masonry columns to a maximum height of six feet, six inches (6’6”).  For multifamily developments located in MU-1, MU-1G, MU-2, and MU-2G districts, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space, shall not extend beyond building facades; i.e. these fences shall not be located in the area between building facades and the property line.
    4. Up to an eight foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50 percent in density (excluding chain link) may be erected around utility facilities within the minimum required front yard, platted front yard, or projected front yard.
    5. Fences required under Section 5.104 for automotive repair and body shops may be erected within the minimum required front yard, platted front yard, or projected front yard.  For newly constructed automotive repair and body shops located in MU-2 and MU-2G districts, exterior security fences and gates located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space, shall not extend beyond building facades; i.e. these fences shall not be located in the area between building facades and the property line.


      .

      . (Popup full image) 


    6. Screening walls or fences in excess of four feet shall be allowed in any front yard that is, in effect, the rear yard on a through lot adjacent to an existing or proposed arterial street.  If the platted front yard or established front yard is less than the minimum required front yard, the setback of the minimum required front yard shall be met.
    7. No fence over eight feet in height surrounding residential property shall be allowed behind the front building setback line.
    8. No fence exceeding tow feet in height shall be permitted on a corner lot within or along a triangle formed by measuring 20 feet in each direction from the point of corner of the property line at the street intersection.  This area is also known as a public open space easement (P.O.S.E.).
    9. The height of any fence shall be measured from the highest adjacent grade parallel to the fence to the highest point of the fence or any gates.


      .

      . (Popup full image) 


  3. Screening Fence Specifications
    All screening fences required by this ordinance shall be constructed in accordance with the following specifications:
    1. Screening fences shall be constructed of wood, brick, stone or reinforced concrete products.  The Planning and Development Director or his designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture.
    2. The following construction specifications shall apply to required screening fences over six feet in height:
      Concrete fences:
      1. Shall be designed by an engineer licensed by the State of Texas.
      2. Shall be either poured in place or lift slab construction.
      3. Shall be properly engineered to withstand wind load, special load conditions, and site drainage.

        Wood fences:
      4. Metal posts shall be used for the vertical fence supports.  The posts shall be set in concrete at least three feet into the ground.
      5. Boards used in the construction shall be spruce, cedar, redwood, or other durable decay-resistant construction.  The lumber grade of boards shall be “Select”, #1 or equal.  Boards should be spaced 1/8 inch apart and shall face the residential district, unless the majority of the residents whose property faces the fence request that the finished side face the adjacent commercial or industrial property.  The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the Master Thoroughfare Plan shall face the right-of-way.
      6. Wood fences using the stockade/picket/slat style fence shall be prohibited.

        Masonry fences:
      7. Masonry fences shall be brick, stone or block.
      8. Brick fences shall be of exterior grade brick.
      9. Block fences shall be Grade N, Type I.
  4. Specifications for Other Required Fences
    Fences required to be constructed pursuant to the zoning ordinance, other than required screening fences, shall be constructed of materials allowed for screening fences pursuant to Subsection C(1) above or from wrought iron, tubular steel or chain link.  Wood, concrete and masonry fences over six feet in height shall be constructed in accordance with the construction requirements set out in Subsection C(2).  The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the Master Thoroughfare Plan shall face the right-of-way.
  5. Specifications for All Other Fences Adjacent to Freeway or Arterial Street
    Except for screening fences and other required fences, which shall comply with Subsections C and D above, fences that are constructed adjacent to a freeway or arterial street shown on the Master Thoroughfare Plan shall be constructed of wood, brick, stone, reinforced concrete products, masonry, wrought iron, tubular steel or chain link.  In addition, the Planning and Development Director or his designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture.  The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the Master Thoroughfare Plan shall face the right-of-way.
  6. Maintenance
    Maintenance requirements for fences are contained in the Minimum Building Standards Code, Section 7-87 (r) of the City Code.  The maintenance requirements are set out below for information purposes only.  Violation of any of the following requirements shall be a violation of the Minimum Building Standards Code, but not a violation of the zoning ordinance.
    1. Fences, retaining walls, decorative walls, and barriers shall be maintained in good condition, and shall not be out of vertical alignment by more than eighteen (18) degrees, unless designed as such.
    2. Rotted, fire damaged, or broken wooden slats and support posts shall be repaired or replaced.
    3. Broken or severely bent metal posts or torn, cut or ripped metal fencing materials shall be repaired or replaced.
    4. Loose brick, stone, rock, mortar or similar materials on masonry walls and barriers shall be rebonded or similarly repaired.
    5. The above requirements shall not prohibit a fence, retaining wall, decorative wall or barrier from being removed if it is not otherwise required by law.
    6. The above requirements shall only apply to a fence, retaining wall, decorative wall or barrier adjacent to a public right-of-way.
  7. Indemnification
    Where a fence is to be placed in an easement containing underground utilities, the owner or occupant shall sign a release indemnifying the City from any damages for removal of the fence and damage to the fence as a result of the need to repair or replace said utilities. 

5.306 Storage or Display in Commercial Districts, Outdoor

Accessory buildings and uses customarily incident to any commercial use (including air conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises) are permitted subject to the following conditions.  No use or accessory use shall be construed to permit the keeping of articles, material or merchandise in the open or on the outside of the building except as follows.

  1. Items Permitted in “E” through “H” Districts

    The following items may be displayed and/or stored outside the main building subject to the conditions contained in this Section, provided, however, general merchandise stores and home improvement stores are permitted to have outdoor storage, display and sales in accordance with Section 5.133(A)(9).
    1. Bagged grass seed.
    2. Bagged fertilizer.
    3. Bagged mulch.
    4. Bagged bark chips.
    5. Bagged play sand.
    6. Bagged potting soil.
    7. Bundled firewood.
    8. Cut Christmas trees.
    9. A maximum of ten portable boxes, bins or other such containers, not to exceed 96 gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles.
  2. Conditions
    Outside storage and/or display of the above listed items is subject to strict compliance with the following conditions.
    1. No merchandising, nor the storage or stacking of such merchandise may exceed four feet in height (except Christmas trees displayed in vertical position).
    2. No merchandise may extend more than five feet from the front wall of the building.
    3. A four-foot wide unobstructed walkway must be provided between the curb, fire lane, maneuvering aisle or parking space and any stored and/or displayed merchandise.
    4. No stored merchandise, goods or products may be situated such that visibility of motor vehicle traffic lanes is obstructed.
    5. No area used for the outside storage or display of merchandise shall be located within 25 feet of the rear or side of any residentially used property.
    6. No area designated for off-street parking may be used for outside storage or display of merchandise (except Christmas trees).
    7. All City fire, building and other codes shall be strictly complied with.