HomeMy WebLinkAboutOrdinance 20899-09-2013 ORDINANCE NO. 20899-09-2013
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH, BY AMENDING SECTION 5.403 "MODEL
HOME" TO PROVIDE FOR WHEN AND WHERE A MODEL HOME
MAY BE BUILT; PROVIDE FOR AN INCREASE IN THE AMOUNT OF
TIME A MODEL HOME MAY BE USED AS SUCH; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
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 year residential construction has increased necessitating the
construction of model homes to showcase the home builder's product; and
WHEREAS, the current regulations related to model homes limit the construction of
model homes to occur within two years of the preliminary plat and within 300 feet of an arterial
street or if greater than 300 feet from an arterial street to have a setback from an occupied
residence of 300 feet, with a three-year limited use as a model home; and
WHEREAS, the Board of Adjustment has consistently granted variances to the above
regulations to allow the construction of model homes in resurgent residential subdivisions; and
WHEREAS, certain amendments are recommended to the Zoning Ordinance to facilitate
the redevelopment of residential subdivisions and allow model homes where the subdivision was
platted within 5 years of the preliminary plat and to increase the distance from the arterial street
to 500 feet;
Ordinance No. 20899-09-2013
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NOW, THEREFORE, BE0I ORDAINED 0Y THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1,
Chapter 5 "Supplemental Use Standards"of Ordinance No. 13896, the Zoning Ordinance
o[the City of Fort Worth, is hereby amended to revise Article 4` ^"1FunupocuryUsmm", Scobou
5.403 "Model Homes" k) read as follows:
5.403 Model Home
]o any residential district, nuodo| homes used as show boc000 and/or sales offices are permitted in
u new subdivision (as approved by u final plat in the last five years) to vvbiob they poduiu and
subject Lo the following conditions:
|. No more than Five model homes per builder per platted subdivision are permitted.
2. Model homes that are located more than five hundred (500) feet from an arterial or wider
street must be at three hundred (300) feet from any occupied residence within the oanoc
subdivision and are subject to odzno limit offive years. Model hoouoo that are located
five hundred (500) b:ot or |onx from an arterial or wider street are not subject to the
ncaideoda| distance requirement or the five-year time limit ofthis section.
SECTION 2,
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 ocdiuuuous and such Code, in vvbiob event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, puzugrupbu'
acotenooa, o1auoox and phrases of this ordinance are severable, and, if any phrase, c|uuao'
sentence, poru8Tup6 or section of this ordinance shall be declared uuonnsdhotiooui by the valid
Ordinance No.2089y-O9'2OlJ
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judgment udgment 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.
SECTION 4.
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 5.
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 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 6.
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.
Ordinance No. 20899-09-2013
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SECTION 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPR VEDAS TQORM AND LEGALITY:
By: }„
Assistant City Attorney Mary J. Kay it S c etary
ADOPTED: September 10, 2013
EFFECTIVE:
Ordinance No. 20899-09-2013
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