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HomeMy WebLinkAboutOrdinance 18823-09-2009ORDINANCE NO 18823-09-2009 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 5, SECTION 6.50'7 "SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS" OF CHAPTER 6 "DEVELOPMENT STANDARDS" AND ARTICLE ONE, SECTION S.I16.B "INDUSTRIALIZED HOUSING" OF CHAPTER 5 "SUPPLEMENTAL USE STANDARDS" TO ADD LANGUAGE REQUIRING A MINIMUM HORIZONTAL DIMENSION FOR SINGLE FAMILY HOMES; AMEND CHAPTER 9, "DEFINITIONS" TO ADD A DEI+INTION O>i INDUSTRIALZED HOUSING AND AMEND TIDE DEFNITION OF MANUFACTURED HOME OR MANUFACTURED HOUSING TO INCLUDE INTERNATIONAL STANDARDS ORGANIZATION (ISO} SHIPPING CONTAINERS; PROVIDING THAT THIS ORDINANCE SHALL SE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council to protect the future viability of residential property and neighborhoods through proper design and development standards, and; WHEREAS, the long term viability of a neighborhood is dependent upon adequate development standards, and; WHEREAS, single family development standards, architectural features and improved neighborhood identity; and WHEREAS, in 2006 the City Council adopted Ordinance Number 16925 to add a new section to incorporate design standards addressing masonry, monotony and garage projection as recommended by a special commitee made up of developers, neighborhood associations, citizens, architects and non-profit interests directed to evaluate amendments to the honing C}rdinance to support long term sustainability and benefit of residential neighborhoods to the City; WHEREAS, the standards adopted did not include a minimum width requirement for single family homes; and WHEREAS, approximately eighteen million shipping containers used worldwide to transport a variety of everyday products, such as cars, toys and food are discarded at major ports across the United States; and WHEREAS, using shipping containers that are typically eight feet wide and up to forty feet long to build homes has increasingly become a trend in the past several years because it can be cheaper and faster than using traditional construction methods, and WHEREAS, it is advisable to amend the Zoning Ordinance to include a minimum horizontal dimension standard and revise the definitions of industrialized and manufactured housing to include the use of shipping containers as a construction method in order to protect the future viability of residential property and residential neighborhoods; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Subsection A. of Section 5.116B, "Industrialized Housing" of Chapter 5, "Supplemental Use Standards", of Article 1, "Standards for Selected Uses" of Qrdinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a 2 minimum horizontal dimension far single family residential homes to read as follows: 5. A minimum horizontal dimension of 15 feet shall be required. SECTION 2. Section 6.507 "Single Family Residential Design Standards" of Chapter 6, "Development Standards", of Article 5, "Residential Design Standards" of Ordinance No. 13$96, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new subsection "E" requiring a minimum horizontal dimension for single family residential homes to read as follows: 6.507 Single Family Residential Design Standards E. A minimum horizontal dimension of 15 feet shall be required. SECTION 3. Section 9.100 "Defined Terms" of Chapter 9 "Definitions" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a new definition entitled "Industrialized Housing to read as follows: INDUSTRIALIZED HOUSING: residential structure that is designed for the occupancy of one or more families; constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site or using two or more International Standards Organization (ISO} shipping containers; and designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system, and meets the building, plumbing, electrical and mechanical requirements and standards as set out in state law. 3 SECTION 4. Section 9.100 "Defined Terms" of Chapter 9 "Definitions" of Ordinance No. 13$96, the Zoning Ordinance of the City of Fort Worth, is hereby amended to amend the definition of "Manufactured I-Iome or Manufactured Housing" to include shipping containers to read as follows: MANUFACTURED HOME OR MANUFACTURED HOUSING: Includes the terms HUD-Code manufactured home and mobile home and collectively means and refers to both and shall include one or more International Standards Organization (ISO) shippin~zcontainers. SECTION 5. 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. SECTION 6. 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 4 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars (52,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Fort Worth, Texas, are expressly satied 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. SECTION 9. 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. 5 SECTION lp. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 11. This ordinance shall take effect upon adoption and publication as required by Iaw. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED: Setatember I5, 2009 EFFECTIVE: 6