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HomeMy WebLinkAboutOrdinance 99163 r ~ n I' V;;~ n~ ~ yR} ~~•~ ... M1 ~ 1 ~ ~ ~ <~ • ORDINANCE- N0. ~~~~ AN ORDINANCE AMENDING SECTION 22-•160 OF THE CODE OF THE CITY OF FORT WORTH (1986), PROHfIBITING THE PARKING OF MOTOR VEHICLES, TRAILERS, BOATS AND OTHER VEHICLES IN FRONT YARDS AND SIDE YARDS OF ARIAS ZONED ONE-FAMILY AND TWO-FAMILY AND IN AREAS USED FOR ONE-FAMILY, TWO-FAMILY AND MULTI-FAMILY DWELLING PURPOSES UNLESS HARD SURFACED PARKING OR A SCREENING FENCE IS PROVIDED; PROVIDING EXCEP- TIONS FOR CERTAIN TEMPORARY SPECIAL EVENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING A PENAL'T`Y; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVID- ING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 22-160 'of the Code of the City of Fort Worth is hereby amended to read as follows: "Sec. 22-160. Parking of motor vehicles, trailers, boats and other vehicles in front yards and side yards of areas zoned one-family and two- family. (a) It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, motorhome, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned "A" One- Family, "A-R" Residential, "B" Two-Family, "R-1" Resi- dential, or "R-2" Residential under the Comprehensive Zoning Ordinance or on any premises which are used for one-family, two-family or multi-jEamily dwelling purposes unless: (1 ) Said area is a part of a hard surfaced driveway or parking area; (2) Said area is a part of a gravel driveway bordered by cement curbing or similar permanent border; or ( 3 ) Said area is a part of <~ required driveway that provides access to a garage, carport or off-street parking area required by the Comprehensive' Zoning Ordinance; or -~ ,,~ ~~' s t... ~~ (4) Said area is part of a side yard which is en- closed by a screening fence at least six (6) feet in height and so constructed that no person can see through into the area surrounded by the fence. (b) The term "vehicle" as used herein shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power. (c) The term "hard surfacedl" as used herein shall include cement, asphalt, brick and. other commonly accepted pavement which may be approved by the building official. (d) The terms of this section shall not be construed to apply to the parking of vehicles in a front yard or side yard where such parking is permitted in conjunction with temporary special events open to the public which may be designated from time to time by the City Council. (e) This section shall be cumulative of all ordinances of the City except where the provisions of this section are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed." SECTION 2„ 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 unconstitu- tional 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 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. -2- 4, } ~. .~ . <. ~ i ~ k SECTION 3. The violation of any provision of this ordinance shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordi- nance, shall be and is hereby declared to be a separate and distinct offense and punishable as such. SECTION 4. All rights and remedies of the City of Fort North, Texas, are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances affecting parking of vehicles which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending liti- gation, both civil and criminal, whetYier 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 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 3, 6 and 7 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1 , 3, 6 and 7 of this r -3- .~ :; ~ . ~ A '^ {J. ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized by TEX. REV. CIV. STATS., Art. 1176b-1. SECTION 7. This ordinance shall be in full force and effect from and after the date of its passage and publication. as above specified. APPROVED AS TO FORM AND LEGALITY: ~.Ss~'f' City Attorney Date : ~-a ~ - 2! ADOPTED: EFFECTIVE: -4- n. - ns,asrrR Fs~c.:; TftgN;'F~AFt'TAb'~i~?JB416. df~~~'~® V,ATBR AO481N"~ a .. •. Q%J~ ~~ ~A a j~EE.~/RENCf C/ 7-2 oG!/-7161 Recommendation It is recorrnnended that the City Council adopt the attached ordinance which amends the Front Yard Parking Ordinance. Background , Section 22-160 of the Fort 'vJorth City Code (1986) prohibits the parking of motor vehicles, trailers, boats and other vehicles in front yards and side yards of areas zoned for one-family and two-family residences unless hard surfaced parking or a screening fence is provided The ordinance recognizes the detrimental impact that this practice has on property values and the safety and welfare of residents in those areas. Discussion Frequently when complaints are received about front yard parking in residential neighborhoods, it is determined that one-f=amily and two-family residences have been constructed on land zoned for commercial and industrial uses In older neighborhoods the zoning may change in the middle of a block or from one side of the street to the other. Therefore,, a one-family residence may be in violation of the currerit ordinance because it is zoned for one-family residences, but next door or across the street a single-family residence may not be in violation because the lot on which it is located has multi-family or coln~nerc i al zoning . It is proposed that the Front Yard Ordinance be amended such that front yard and side yard parking would be prohibited on any area zoned or used for one-family, two-family, or multi-family dwelling purposes unless surface and screening require;nents in the ordinance are )net. Financing None Required, RG w J U I_ 2R 19~T ~a~,~ ~~~,~~~all~~ma~.~~bva~ba~~n~a~~~, sue~ECr AMENDMENT TO FRONT Y/!RD PARKING I PAGE ORDINANCE APPROVED BY CITY COUNCIL `~~d~. Crab Sao>watoty of the Ci.p a# Pot! Worth, Ta~ala! SUBMITTED FOR IFij CITY MANAGER'S OFFICE BY ~ DISPOSITION BY COUNCIL. ~ i - APPROVED - ~ F - - OTHER (DESCRIBE) PROCESSED BY G'RIGtNATING DEPARTMENT HEAD CITY SECRETARY FCR ADD7TIUNAL INFORMATION I Adopted Or.dmance Pun.. ~~1~ i corvracT T _ 11avi c h~(1R DATE