This chapter and the regulations herein shall be known and may
be cited as the “Zoning Ordinance of the City of Lake Worth.”
(Ordinance 1169, sec. 14.101, adopted 11/12/19)
The comprehensive zoning ordinance, Ordinance 500, as amended, chapter 14 of the 2004 Code of Ordinances, is hereby repealed and replaced. Section and subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The term “City of Lake Worth” has been changed to “city.” The term “this ordinance” has been changed to “this chapter.” Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Any material added for purposes of clarification is enclosed in brackets.
Editor’s note–This section has been
revised by the editor to reflect the manner of inclusion of the ordinance
in the 2021 Code.
(Ordinance 1169, sec. 14.102, adopted 11/12/19; Ordinance adopting 2021 Code)
The zoning regulations and districts as herein established have
been made in accordance with an adopted comprehensive plan for the
purpose of promoting the health, safety, morals and general welfare
of the city. They have been designed to lessen the congestion in the
streets; to secure safety from fire, panic and other dangers; to insure
adequate light and air; to prevent the overcrowding of land, to avoid
undue concentration of population; [and] to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, and
other public requirements. They have been made with reasonable consideration,
among other things, for the character of each district, and their
peculiar suitability for the particular uses specified; and with a
view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the city consistent with the comprehensive
plan.
(Ordinance 1169, sec. 14.103, adopted 11/12/19)
In interpreting and applying the provisions of these regulations,
they shall be held to be the minimum requirements for the promotion
of safety, health, convenience, comfort, prosperity, or general welfare.
(Ordinance 1169, sec. 14.104, adopted 11/12/19)
It is not intended by these regulations to interfere with or
abrogate or annul any easements, covenants or other agreements between
parties, provided, however, that where these regulations impose a
greater restriction upon the use of buildings or premises or upon
the height of buildings, or require larger open spaces than are imposed
or required by other ordinances, rules, regulations or by easements,
covenants or agreements, the provisions of these regulations shall
govern.
(Ordinance 1169, sec. 14.105, adopted 11/12/19)
(a)
All land, buildings, structures or appurtenances thereon located
within the city which are hereafter occupied, used, erected, altered,
removed, placed, demolished, or converted shall be occupied, used,
erected, altered, removed, placed, demolished or converted in conformance
with the zoning regulations prescribed for the zoning district in
which such land or building is located as hereinafter provided.
(b)
Except as hereinafter provided:
(1)
Comprehensive plan.
Zoning shall conform to the adopted
comprehensive plan.
(2)
Land use.
No building shall be erected, reconstructed,
altered, enlarged, or maintained nor shall any building or land be
used for any purpose other than is permitted in the district in which
such building or land is located.
(3)
Height and bulk of buildings.
No building shall be erected,
reconstructed, altered, enlarged or maintained to exceed the height,
size, or bulk limit herein established for the district in which such
building is located.
(4)
Yards.
(A)
No lot area shall be so reduced or diminished that the yards or other
spaces shall be smaller than prescribed by these regulations.
(B)
No yard or other space provided about any building for the purpose
of complying with the provisions of these regulations shall be considered
as providing a yard or space for any other building; provided further
that no yard or open space on an adjoining property shall be considered
as providing a yard or open space on a lot whereon a building is to
be erected.
(5)
Building permit requirements.
(A)
Building permit.
(i)
A building permit may be issued by the city for the construction
or placing of a dwelling on a lot or tract of land composed of portions
of two (2) or more lots as same appear upon the map thereof as recorded
in the deed records of Tarrant County, Texas, only when such lot or
tract has a street frontage of not less than the street frontage of
any lot in the same block.
(ii)
No building permit shall be issued by the city for the construction
or placing of, and no person shall construct or place, any building
on any lot, tract or parcel of land unless the lot, tract or parcel
of land upon which each such structure is to be located, is a lot
of record provided that these regulations shall not prohibit the issuance
of a building permit for the construction or placing of any dwelling,
located on any tract of land set apart, delineated or defined by a
metes and bounds description and recorded in the plat records of Tarrant
County, Texas, prior to the effective date of this chapter, and shown
on a plat, giving an accurate location of such tract relative to any
existing recorded addition or subdivision, when the only structure
(with its permitted appurtenances) which is located, or to be located
thereon, faces or fronts upon a public thoroughfare.
(B)
Plat required.
Development or construction shall
only occur on a legal lot of record.
(C)
Building permit denial.
(i)
No building permit shall be issued by the city for the erection
or placing of any dwelling on a lot, the width or street frontage
of which has been decreased from the width or street frontage as originally
platted or as replatted and recorded in the plat records of Tarrant
County, Texas.
(ii)
Nor shall a building permit be issued for the erection or placing
of any dwelling on the rear yard of any corner lot situated in a residential
district or with a residential use.
(6)
Location.
Every building hereafter erected shall be
located on a lot of record and in no case shall there be more than
one (1) building on one (1) lot, except as otherwise provided in this
chapter.
(Ordinance 1169, sec. 14.106, adopted 11/12/19)
(a)
The provisions of this chapter shall be administered by the city
manager or the duly authorized representatives as determined by the
city manager.
(b)
The city manager or any duly authorized person shall have the right
to enter upon any premises at any reasonable time for the purpose
of making inspection of buildings or premises necessary to carry out
the enforcement of this chapter.
(Ordinance 1169, sec. 14.107, adopted 11/12/19)
(a)
It is further the intent and declared purpose of this chapter that
no offense committed, and no liability, penalty, or forfeiture, either
civil or criminal, incurred prior to the time the existing zoning
ordinance was repealed and this zoning ordinance adopted, shall be
discharged or affected by such repeal; but prosecutions and suits
for such offenses, liabilities, penalties, or forfeitures may be instituted
or causes presently pending proceeded with in all respects as if such
prior ordinance had not been repealed.
(b)
The city shall have and retain the right to seek injunctive relief
and/or civil penalties against any person, firm or corporation who
is in the process of or about to violate any section, paragraph or
part of this chapter. Such right for injunctive relief and/or civil
penalties shall exist independent of the other penalty provisions
of this chapter and not in lieu thereof.
(Ordinance 1169, sec. 14.108, adopted 11/12/19)
(a)
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 chapter shall be fined in accordance with the
general penalty provision set forth in the city Code of Ordinances
for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
(b)
The owner or tenant of any building, structure, premises, or part
thereof, and any architect, builder, contractor, agent, or other person
who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties
herein provided.
(c)
Nothing herein contained shall prevent the city from taking such
other lawful action as is necessary to prevent or remedy any violation,
including but not limited to seeking injunctions and civil penalties.
(Ordinance 1169, sec. 14.109, adopted 11/12/19)
(a)
When the city council has denied a proposal with prejudice, no reapplication
requesting the same zoning classification shall be accepted by the
city or scheduled for consideration by the planning and zoning commission
within a period of twelve (12) months.
(b)
Exception.
(1)
An applicant may submit a request stating how circumstances surrounding
the property have changed since the prior denial with prejudice.
(2)
The planning and zoning commission may waive the twelve (12) month
waiting period upon a finding that the circumstances surrounding the
property have changed sufficiently to warrant the acceptance of a
new application for a zoning amendment or change prior to the end
of the one-year waiting period. A majority of the planning and zoning
commission quorum present and voting shall be required to grant any
such request. If the request is granted, compliance with the procedures
contained in this chapter and other applicable rules and regulations
of the city shall be required.
(3)
The applicant may appeal a denial by the planning and zoning commission
to the city council by filing a request in writing with the city within
ten days of the denial by the planning and zoning commission.
(4)
The decision of the city council regarding the request for a waiver
shall be final.
(Ordinance 1169, sec. 14.110, adopted 11/12/19)
The caption of this ordinance shall be published in accordance
with the city charter and applicable state law, and shall be effective
immediately upon its passage and such publication.
(Ordinance 1169, sec. 14.111, adopted 11/12/19)
(a)
The city council shall, by ordinance, establish a schedule containing
the fees and charges for permits, zoning change requests, site plans,
board of adjustment proceedings and any other matters pertaining to
this chapter. The schedule of fees and charges may be altered or amended
only by action of the city council.
(b)
Until all applicable fees, charges, and expenses have been paid in
full, no action shall be taken on any application or appeal.
(Ordinance 1169, sec. 14.112, adopted 11/12/19)
It is hereby declared to be the intention of the city council
that the phrases, clauses, sentences, paragraphs, and sections of
this chapter are severable, and if any phrase, clause, sentence, paragraph
or section of this chapter 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 chapter, since
the same would have been enacted by the city council without the incorporation
in this chapter of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(Ordinance 1169, sec. 14.113, adopted 11/12/19)
This chapter shall be cumulative of all provisions of the Code
of Ordinances of the city, except where the provisions of this chapter
are in direct conflict with the provisions of such ordinances, they
are hereby repealed. Ordinance No. 500, as amended, is hereby repealed
in its entirety.
(Ordinance 1169, sec. 14.114, adopted 11/12/19)
This chapter shall be in full force and effect from and after
its passage and publication as required by law, and it is so ordained.
(Ordinance 1169, sec. 13.115, adopted 11/12/19)
