HomeMy WebLinkAboutOrdinance 10447„ORDINANCE NO __ /r/ ~~~
AN ORDINANCE AMENDING THE COMPREHENSIIJE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT5 WORTH, TEXAS, (1986), AS
AMENDED, BY PROVIDING FOR AN ADDITIONAL CLASS OF FAMILY
HOME CALLED "FAMILY HOME II" TO ALLOW UP l~0 EIGHT (8)
DISABLED PERSONS BUT EXCLUDING CHEMICAL DEPENDENCY
REHABILITATION, BY PROVIDING REGULATIONS GOVERNING
FAMILY HOME II, BY PROVIDING FOR T.HE REGISTRATION OF
ALL TYPES OF FAMILY HOMES, GROUP HOMES AND HALFWAY
HOUSES, BY PROVIDING FOR THE LOCATION OF FAMILY HOME
III PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSES PROVIDING A SAVINGS
CLAUSE, PROVIDING FOR ENGROSSMENT AND ENROLLMEfdT,
PROVIDING FOR PUBLICATION IN PAMPHLET FORM, PROVIDING
A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS-
SECTION 1
That "SECTION 1, DEFINITIONS" of the Comprehensive Zoning
Ordinance, being Ordinance No 3011, as amended, codified as
Appendix "A" of the Code of the City of Fort Worth, Texas,
(1986), as amended, is hereby amended by adding the following
definition
FAMILY HOME II - A community-based residential home for not
more t han e i ght ( 8) d i sab ]. ed persons and t wo ( 2 ) nonresident
supervisory personnel and which otherwise meets all of the
requirements of the Community Homes For Disabled Persons
Location Act, Vernon's Ann Civ Stat. article 1011n, but
excluding chemical dependency rehabilitation
SECTION 2.
That "SECTION 18, MODIFICATIONS TO DISTRICT REGULATIONS" of
the Comprehensive Zoning Ordinance, being Ordinance No 3011, as
amended, codified as Appendix "A" of the Code of the City of Fort
Worth,. Texas, (198b), as amended, is hereby amended by adding No.
16 to the Subsection A which shall read as follows
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A
16 FAMILY HOME II
A Family Home II is permitted in all residential zones, and
the "C-F" Community Facilities District subject to the
following conditions
a A Family Nome II must meet all applicable licensing
requirements plus the following Standards
1 The residential program is located so that
community services recommended by the treatment
team are accessible
2 An intermediate or semi-independent residential
program does not have signs that indicate that the
residence is a CBS program
3 Living and dining areas
provide adequate space for the use of
residents,
are furnished with comfortable and customary
furniture,
allow sufficient seating for all residents at
one time, and
are homelike in appearance
:;
4 Bathrooms provide-
slip-proof surfaces on tubs and showers,
sufficient space for staff to provide
assistance as needed,
partitions and doors for individual privacy,
and
hot and cold running water in tubs and
showers
5 Client sleeping areas have=
walls that extend from floor to ceiling,
at least one exterior window,
a side-hinged swinging door, and
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a minimum floor area of 80 sq ft for single
occupancy with a minimum dimension of 8 ft ,
and a minimum floor area of b0 sq. ft for
each person in a multi occupancy room with a
minimum dimension of 10 ft.
b Client sleeping areas have
a dresser or a piece of furniture with
drawers for the personal use of each client,
sufficient seating to permit each resident to
pursue leisure interests or accomplish needed
tasks,
lighting which can be turned on and off
conveniently, and
. possessions and decorations chosen by the
client which reflect the personal tasks of
the client
7 Each client is provided with a separate bed which
is of solid construction with a frame,
has a clean, comfortable mattress,
includes two sheets, a blanket, and a
bedspread, and
has a comfortable pillow with a pillowcase,
unless contraindicated for health reasons or
refused by the client.
8 No more than four clients occupy a sleeping area,
except in structured residential programs
Privacy is provided by partitioning and/or
placement of furniture. In structured residential
settings, placement of more than four clients in a
sleeping area must be clinically justified and
approved by the executive director or
superintendent/director
9 The uppermost mattress of any bunk bed in use is
far enough from the ceiling to allow the occupant
to sit up in bed
10. A client over the age of five does not occupy a
bedroom with a member of the opposite sex who is
not that client's spouse, unless approved by the
treatment team with such approval being documented
in the client record
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11. Bathrooms oontan
flush toilets, an
that at least one
five occupants and
provided for every
a•n adequate number of sinks,
d bath or shower facilities so
toilet is provided for every
at least one bath or shower is
eight occupants
12 Arrangements are provided for laundry to ensure
that
laundry is washed in a timely manner to allow
for adequate clothing for each client on a
daily basis
an adequate supply of clean linen is
available, with consideration given to
special client needs (e.g., nocturia,
incontinence, etc ),
soiled laundry is stored in a closed bag or a
container with a lid, and
soiled laundry of clients with infections is
stored and cleaned separately from other
laundry
13. Administrative offices located in residences are
separated from client living areas
14 If individual counseling is provided at the
residence, provision is made for privacy during
such counseling sessions
1S The CBS has written policies and procedures which
address the maintenance of a clean. environment in
all non residential programs, other than in-home
respite, and all residential programs, other than
semi-independent and supervised family living
These policies and procedures include guidelines
for
f a routine schedule for housekeeping chores,
the assignment of staff to monitor
housekeeping activities, and
guidelines for the proper storage an use of
housekeeping and cleaning supplies and
equipment,
16. The written housekeeping policies and procedures
described in 15 is implemented
b. A Family Home II may not be established within one-half
mile of a previously existing family home, group home, or
halfway house
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c Residents of a Family Home II may not keep, on the
premises of a home or an the public rights-of-way adjacent
to the home, more than one motor vehicle per bedroom for the
use of residents of the home.
SECTION 3
That "SECTION 18, MODIFICATIONS TO DISTRICT REGULATIONS" of
the comprehensive Zoning Ordinance, being Ordinance No 3011, as
amended, codified as appendix "A" of the Code of the city of Fort
worth, Texas, (1986), as amended, is hereby amended by adding No
17 which shall read as fiollows
A
17 REGISTRATION OF FAMILY HOMES, GROUP HOMES, AND HALFWAY
HOUSES
In order to enforce spacing, density, and motor vehicle
requirements, as applicable, all Family Homes, Group
Homes and Halfway Houses shall be required to
register annually with the Director of Development or
his designee and specify the name, address, and
telephone number of a registered agent for contact
SECTION 4.
That "SECTION 3, "A" ONE
Comprehensive Zoning Ordinance,
amended, codified as Appendix "A"
Wart h , Texas , (198b) , as amended ,
Subsection A "Use Regulations" the
13 Fa.m i l y Home I I
- FAPIILY DISTRICT" of the
being Ordinance No. 3011, as
of the Code of the City of Fort
is hereby amended by adding to
following use
SECTION 5
That "SECTION ~-B "CF" COMMUNITY FACILITIES DISTRICT of
the Comprehensive Zoning Ordinance, being Ordinance No 3011, as
amended, codified as Appendix "A" of the Code of the City of Fort
worth, Texas, (1986), as amended, i.s hereby amended by adding to
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Subsection A, "Use Regulations" the following use-
n) Family Home II
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 phrase, clauses, sentences,
paragraphs and sections of this ordinance, since the same would
have been enacted by the 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 violates disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall be fined not
more than One Thousand Dollars ($1,000.00) for each offense
Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 8.
All rights and remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the
provisions of Ordinance No 3011 or 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
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- 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 authorized to publish this ordinance in pamphlet form far
general distribution among the public, and the operative
provision of this ordinances as so published shall be admissible
in evidence in all. courts without further proof than the
production thereof, as provided in Chapter XXV, Section 3, of the
Charter of the City of Fort Worth, Texas
SECTION 10.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption, penalty clause and effective date in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City
SECTION 11
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
SECTION 12.
This ordinance shall be in full force and effect from and
after is passage and publication as required by law, and it is so
or da i. ned .
APPROVED AS TO FORM AND LEGALITY
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ADOPTED = ~V,~~~-',lZ~i(~!~,~,/~
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EFFECTIVE