HomeMy WebLinkAboutOrdinance 22491-11-2016 ORDINANCE NO. 22491-11-2016
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21653, AS AMENDED,
CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH
(2015), TO AMEND SECTION 5.403 `MODEL HOMES" OF CHAPTER 5,
"SUPPLEMENTAL USE STANDARDS" OF ARTICLE 49 "TEMPORARY USES", TO
REVISE THE REGULATIONS FOR MODEL HOMES; AND TO AMEND SECTION
5.405 "TRAILER PORTABLE SALES, CONSTRUCTION OR STORAGE" TO
RETITLE SECTION AND OTHER MINOR CLARIFICATIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, during the economic downturn many residential subdivisions experienced a halt in
the construction of homes resulting in subdivisions that were not completely built out; and
WHEREAS, over the last several years residential construction has increased necessitating the
construction of model homes to showcase the home builder's product and the construction trailers to
oversee new construction of homes; and
WHEREAS, the current regulations related to model homes limit the construction of model
homes to occur within five years of the preliminary plat; and
WHEREAS, the Board of Adjustment has consistently granted variances with little debate to the
above regulations to allow model homes and construction trailers in resurgent residential subdivisions
where construction is continuing beyond the five-year and two-year preliminary plat limitation for
model homes and construction trailers, respectively, in the Zoning Ordinance; and
WHEREAS, the intent of the following changes is to minimize the need for variance requests
for those zoning provisions that are customarily approved by the Board of Adjustment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Sections 5.403 "Model Home" of Article 4 "Temporary Uses" of Chapter 5 "Supplemental Use
Standards" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add
language to regulate the conversion of a model home, to read as follows:
Sec. 5.403 MODEL HOME.
In any residential district, model homes used as show homes and/or sales offices are permitted in a
subdivision as approved by a final plat to which they pertain and subject to the following conditions.
(a) No more than five model homes per builder per platted subdivision are permitted.
(b) Model homes that are located more than 500 feet from an arterial or wider street must be at 300 feet
from any occupied residence and are subject to a time limit of five years. Model homes that are
located 500 feet or less from an arterial or wider street are not subject to the residential distance
requirement or the five-year time limit of this section.
Ch. 5 Secs. 5.403 &5.405 Model Homes and Construction Trailers Ordinance No.22491-11-2016
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(c) A building initially permitted as a single-family residence and converted to a model home must be at
least three hundred feet from any occupied residence, regardless of distance to an arterial and is
subject to a time limit of five years.
SECTION 2.
Sections 5.405 "Trailer, Portable Sales, Construction or Storage" of Article 4 "Temporary Uses" of
Chapter 5 "Supplemental Use Standards" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, is hereby amended to revise the name of the section and other minor clarifications, to read as follows:
Sec. 5.405 PORTABLE TRAILER — RESIDENTIAL SALES, CONSTRUCTION OR RELATED
STORAGE.
In any residential district, portable trailers used as sales offices, construction offices or related storage trailers
are permitted subject to the following conditions.
(a) No more than one portable sales trailer and one portable construction trailer per residential builder per
platted subdivision is permitted.
(b) Portable construction trailers must be at least 300 feet from any occupied residence and are subject to a
time limit of two years.
(c) Portable sales trailers that are located more than 300 feet from an arterial or wider street must be at least
300 feet from any occupied residence within the same subdivision and are subject to a time limit of three years.
Portable sales trailers that are located 300 feet or less from an arterial or wider street are not subject to the
residential distance requirement or the three-year time limit of this section.
(d) Portable construction and sales trailers must be skirted on the front and sides, provide foundation
landscape planting consisting of one five-gallon shrub per four linear feet around the skirting, (excluding
entrances)and must comply with the bufferyard, screening and fence requirements of Chapter 6,Article 3.
(e) Each construction trailer shall have at least four paved parking places (two deep tandem parking is
allowed). Each sales trailer shall have at least two paved parking places (two deep tandem parking is not
permitted).
(f) A manufactured home is not allowed as a portable trailer.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort
Worth, Texas (2015), 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 4.
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 City Council without
the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
Ch.5 Secs.5.403&5.405 Model Homes and Construction Trailers Ordinance No.22491-11-2016
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SECTION 5.
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 ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate
offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations
of the provisions of Ordinances No. 3011, 13896, 21653 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 7.
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 8.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain
in full force and effect.
SECTION 9.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
�A) �'
Melinda Ramos, Sr. Assistant City Attorney iMaryj. a , C)(y cretary
ADOPTED: November 1, 2016
EFFECTIVE:I ,v be r (D
Ch. 5 Secs. 5.403 &5.405 Model Homes and Construction Trailers Ordinance No. 22491-11-2016
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