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HomeMy WebLinkAboutOrdinance 18434-01-2009ORDINANCE NO. 18434-01-2009 AN ORDINANCE .4NiENDING THE COMPREHENS[VE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. I3896, A5 AiGIENDED, CODIFIED AS APPENDIX "A" OF THE COllE OF THE CITY OF FORT WORTH, BY AY1:F,NDING IN ITS ENTIRETY SECTION 4.202 `MANUFACTURED HOUSING {"hIH"} DIS'TRIC`T OF CHAPTER 4, "DIS"TRICT REGULATION" TO Ai1IEND SETBACKS, HEIGHT, LOT AREA, PAVING, AND OTHER PROPERTY DEVELOPMENT STANDARDS; AMENDING CHAPTER 9 "DEF"INITIONS" TO ADD DEFINITIONS RELATED TO MANUFACTURED HOUSING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDLN"G A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECI`IVE DATE WHEREAS, the provisions goverzvng Mobile Home and Recreational Vehicle Parks are located in Appendix 7 of the Fort Worth Fire Code; and WHEREAS, many of the provisions in Appendix .T of t11e Fort Va~orth Fire Code are not related to fire and safety but instead relate to construction and development standards; and WHEREAS, the Fort Worth Fire Department desires to relocate those provisions unrelated to fire safety tc~ mare appropriate sections of the Fort Worth City Code aitd Zoning C}rdin<u1ce; ti'HEREAS, Section 4.212 crf the Fort y4'orth Zoning Ordinance is the appropriate pleit:e to rc°i{~c;at~ ±l~e prc}~ isit7n4 fi-otn ~ppc;ndix 1 ~ryt [ttc- Fist Cc~tl~ *.~?att'd t!~ {Yti~'.7,lpr3i"7.3C 4t41.rid:3~ct~ tttr ~:'~t4'~ti£le I Sti aitit. :.t[kd. li.'uGrC~d`,t~'Ck:<Il 4"jc.l'Sif;.{'. ('~(t hS'. CY.tti"~ !'IIF:RE,1S. it is z?dviaablc ttr <is<, =~nzenc3 C'Esral7ter {>'`C)ottsitii~ta:~" o!`=:he Z~sr~tng Ordinance ns 5npport oEtlte pr{xviwaons inctuded ist ectiQtt -2,~tJ? 3~c atccl to mcrt,ilc, l3ott~es ,.; t ° k S: ".t:.} P4 t 4 iii~$ ~ '3 ckh. NOW THEREFORE BE IT ORI}AI~ITED BY THE CITY COUNCB~ OF THE CITY OF FORT WORTH, AS FOIILOWS: SECTION L Section 4.2Q2, "Manufactured Housing "~dH" District o1' Chapter ~, "District Regulations", of Ordi"Hance Na. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended in its entirety to read as follows: 4.202 Manufactured Housing ("_VILI") District A. Purpose It is the purpose of the Manufactured Housing ("MH") District to provide a specific area for manufactured ]come parks and manufactured home subdivisions only, thus providing a location for the use and enjoyment of manufactured housing along with those uses customarily accessory thereto. E3. Uses In the Manufactured Housing ("MH") District, na building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of C7ccupancy be issued, except in accordance with the use tables in Ghapter 4, ,articles 6 and 8 and the supplemental use standards of Chapter ~. 1. iYlanufaetured home subdivisions. Manufactured home subdivisions are permitted in the "'VIH" District. 2. Manufactured home parks. ATaarufactured home parks are permitted in the " 1vIH" District. Manufactured home parks shall be constructed and developed in accordance with this section. 3. iYlanufactured homes not in a subdivision ar park, 'W'o manufactured home sha21 be located. within the <`ity of Fort worth except in a manut~tctured home park or a manutacturett hcame subdivision, except as permitted. by the board of ~djusunent as a special exception use as a place oi'residencc for documented security purposes (sec 't?.4U~ Resrdunce for `~vc,ur~ty ('LU°p34es. 1 e~rmp{wr~~a'1=' i. ''*. ~Iannfaetrrred home sales lat. '~~? 3dii1I7.I.2Ic"#t°n!S't`.St }rtfrnt. ~:3.i,'i lt7t ~ISatF }'kL' trcrr*i?ted iLr the, ``a1EI I)t~;rtct"". S. ~ecreatiaual 4'ehicles. ltecreatirynal vshrcles shall rrc>t be {rccupied as pL:.7"StSeISl::tit 11.V117g C(;IarCvi w in art}' J,e?i71i'?C <IistrtCt. C", l~tanufarturtd Horne Snl7tiivisians 1. Property I}evelapment Standards a. In manufactured home subdivisions in the Manufactured Housing (`ii#IH") L7istriet, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table, and the following standards: 1. 1V"o more ttran one dwelling unit shalt be located on any one subdie~sion lot; 2. Skirting shall be required arl all manufactured homes; and 3. All manufactured homes shall be anchored to a permanent foundation. ___ _ _. «yrH» District: iYlanuf"acturad Home Subdivision Land Area 4 acre minimum Lot Area -_ _ _ _ q,000 squalc feet minimum per unit ', Lot Width _ _ _ '<30 feet minimum Lot Coverage 50 percent maximum Front Yard 20 feet minimum Rear Yard 'S feet minimum _ _ _ Side Yard ___ Interior lot 15 feet minimum Corder lots I0 feet minimum Height ___ . 35 feet maximum (see Section 6.100.) _ _ Itii otes: * MaY' he saabjeet to pr~jeeted front }=aryl (Section tS.ICt1J~) 2. Other Development Standards L?e<<elopment in the 1'laTTUfactured I[ousing ("rt~tft") Iistrict mat- be subject to a ~.ariety of general dec~etoptnent standards in Chatter G, and the Ii?Ilowing p~rc3ti rsion rcla{ed to 1~tatlufacturc:d ttorttc Subdrvision: a. Signs, ('tny~rer Ilse signs ~ubjct t t~~ tttr~ fozlox~ ,.c~: t. ?x.31 iIEITt2t'-rninated rlCrntep[3te I?eirint.? tlTe tllTnt~" Il+.at3iC ttf the tfetiul?anl4 rcSlCltttg tTl the [etil{[enWe Ltf)t 10 exceet[ t'Sdts.:iq l.iai"c iC3t)t to ell°ea. ii. t3.TT unilluminateti sig11 lrr' t hose uses alto~~=ed that are nc}t r'4 titite2lttttt .l Itc 4r,!TT? ::.[Sa.[I r1Ctt eX4'4ec'CI *C} sctuare teet 3n :1T'C;a. Shalt :'2i" ET{} [ sk t'S:;c` tt:.<.)~ 3.,'#. ext't arT£5 w'E'. + ::#{if.'..,. 's3e.£° ,.~e'cdt S3 £ii ~£::':.'.?;# El x?c.E?:i.x. ..,. tf, it;,r (3 3,} t4't;'`s: "US..m.#i alt x°nx #.'t:,'1"~:'+ Td,.x'. `it.rS,.t cECi~f i not be placed within 20 feet of drives providing ingress and egress to the property. b. Parking. One space per dwelling unit in a manufactured housing subdivision and tcvo spaces per dwelling unit in a rmanufactured home park. See also 6 `Development Standards', Article Z. e. Landscaping and Buffers. Non residential uses may require landscaping or buffers. See Chapter b "Development Standards" Article 3. D. Manufactured Home Parks A11 manufactured home parks and tmanufaetured homes shall be constructed and maintained in accordance with this subsection, the Minimum Building Standards Code, and all other applicable provisions of the City Code. Any requirements of this subsection that make reference to "mobile Dome" or °`manufaeturod home" shall apply to both. 1. Development Approval Requirements: A manufactured home park shall not he constructed, altered or enlarged cvithaut a Development Plan approved by the Planning and Development Depzrtmant in accordance with the provisions in subsection F. 2. Property' Development Standards a. In manufactured home parks, the minimum dimension of lots, yards and the height of buildings shall be shown in the accompanying table. b. Manufactured home parks shall conform to the follo~c=ing standards: i. Ni7ncombustble skirting shall be anchored to a permanent f"oundation, including any vents, screcros, and,'or openings necessary for utility and mechanical system ]lookups; and ii. All manufactured homes shall Ue anahared to a permanent firundation. c. Limited use of recreational vehicles is pertnitted in a ~=fanufactured Horne Park as specified in this section. Recreational. vehicles shall not he accupieycl as permanent living quarters in any coning district. "~IEI'" District. 'YIanrrt'actured Ilomc Park Land Arc;t ~!Mtil tril mTt'.'.s .?~ _~'.} l ill itltaCTtCretl ll{?n3e ]ttfti I:ot Area ~ ~ ~ ~ ~ i,iw(}[? stluar'c fcc~ nTSUZTnum 1>er unit Lot I}finensions 4{? [ee,t txTininlunx on the narrow clisnun~ion tend nfi fee': ntsnimur.T {{n the, long dimenston Lot Frartt Yardx 1 f} feet minimum tiatn the ncTtrest e«r-ner of the i manufscture home, or the m:u~ufacture~ti home .r~: cssor~' rTT'-3i~'k?rt'. ?i) t17C 7'S~arr:*4 hbt3?s`31i#iTty le- t?ther Setbacks 10 fei;t minimum from any property line; when Iadjoining a Iaublic street, 25 foot minimum t C) feet minimum distalaee between 'manufactured homes, at any poitrt ___ _ _ Height `35 feet maximum for any structure intended for i :occupancy. The average height of the naanuf`actured home frame above the ground elevations, measured at ninety {90} degrees to the frame, shall not exceed three {3) feet. Private Streets I-lard-surfaced; 36 feet minitnuna e~~idth; aninimurn cal-de-sac diameter 100 feet; ;maximum block length 500 feet Parking 1off-street space per lot 1\`ntes: _ _ _ * May he sul?jecL to projected fr•artt Ym•d (Secrian 6.lOlh) 3. Reereatianal Areas a. A minimum <af five (5} percent of the grass site area of the park shall be devoted to recreational facilities, and located in a central Location. [In large manufactured home parks, recreation areas may be decentralized.] Conmiuluty buildings and communiT}~ use facilities, including adult recreation and child play areas, swimming pools, and drying yards, may be included in computing the area of recreational facilities. Elowever, vehicle parking areas shall not be used in such catnputation. b. Va'hen playground space for children is provided, it shall be protected from trafftc, thoroughfares and parking areas. h shall be maintained in a sanitary condition and free of safety hazards. c. A person commits an offetase if t1Te petson Deans or operates a manufactured home park and lixaowingly fails to build, operate, or maintain. the park in compliance with this section. ~i. tether Strnctures a. Permanent T2esidentiat Strnctures i. r1t each ntanufiictured home hark, n« mare th.tn one tl) existing residential strttcturc ena~ be retained err one l l } nets re-icictxti;a{ St?'Ut'~:lS';' i;i1t E*.tk`U4°ted Litz t:}ii'S:13,in1=.~' b~' .(?e k~vr?C'.I' cir C7p(,t:itCls° t7t `he. park, II. t~.t3 cXlwttng reSld ent7.t~ ~TI1IetilrL- Ii7eritefl 6ti a mal?LLSc3itttreii ht~tiTl<'. park Irsav be cottvez-ted to a cihrbhuttse, cemmrnlity center, or service building for use b} the resident:; of'tfte manufactured home }nark. <A structLtrc sir con4crcted sha31 meet. all alaplICable crtdes fi?r (aulli:cittt.,yl}at',`,U dj'•(?e3tiE1t?(L'tc~ !~'kc 1?rf}(±c7tit'.{1 tl~. a. ~+tltra;;e facilities i. unless provided in current manufactured ]tome models, storage facilities with a minhmum capacity of hvo hundred (200) cubic feet per lot may be provided vn the lot or in compounds located within one hundred (100} feet of each lot. ii. V4~tere provided, storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, porcelainized steel, baked enamel steel ar other material equal in fire resistance, durability and appearance. 5. Reereatiaual t'ehieles in 141anufaetured Home Parks a. A maximum of fve (5} percent of the gross area of a manufactured home park znay be dedicated to overnight or short term use by recreational vehicles. b. Such portion of the manufactured home park shall be clearly delineated and shall comply with all requirements of Section 5.129 and other applicable provisions of the City Cade for recreational vehicle parks tivith the exception of the requirement of a minimum number of spaces. c. A person commits an offense if the pc~rsou knowingly occupies a recreational vehicle in a manufactured home park in excess of a total of fourteen (14} days within any six-month period. d. A person commits an offense if the person owns or operates a manufactured home park and knowingly allows or suffers a violation of this section by another person. 6. Other Development Standards a. Suns. An identifying si~ni shall be permitted at each major entrance to the manufactured home park except that no more than three sits shall be permitted for one park, and such sighs shall be subject to the fi511o~ving provisions: i. Each sign shall contain only the identifying name of fl7e park and its street address. ii. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. Si~nts shall not be lightc~l beteveen the hours of 1{):{}0 p.tn. and 6.00 a.m, iir. Signs may be freestanding but shall have not more tlt;zn two supports <znd the top of the sign shall be zzo more than eight feet aboti+c grade. i~. Bach stgn shall be stzaf.*le-tizced az}a3 shall he lnmiterl to at nttrtiimu*.n tree cif ° "~ .}qu;tr"s. ti.~t. v lii signs wlartl3 ce>nfatnaz wills tl;e rcquirerrzent~. con,:"crazing; sctl?ztcks h'£)m put517c vtr:.'#.'.tz that 2S2".' atpplicahle. t4? Sti"..iC:tUrG:i.s"i.. t"L'l?t 11'EaS such sign :Wray lye attacl':ed a'].zt agaiatst a wall or t'enc:e surrounding the manufactured home park, not portio^ of cvhicla shall exteztcl into the public riu.Jzt c>f wad. b. Parking. l'wv spstce~ pe•r elsucllintt unit ari a trar?uffircfured h+?zne park. `.'~~.+. rkiesa~ t';tt~~+i..,r'r-F 5~`t s lc~ :,. 6 c. Landscaping. 1'or manufactured borne parks, generally four {4} percent of net site area or thirty {30) foot deep landscaped area adjacent to public rights-of--way. See Chapter 6, "Development Standards" Article 3. cl. Grouud Surface and Draiuage. i. Exposed ground surfaces shall be paved, covered with stone screening or other solid material, or protected with a vegetated gxowth that is capable of preventing sail erosion and elimination of dust. ii. All growrd surfaces shall be graded and equipped to drain all surface water in a safe and efficient rnamrer. iii. The area of each lot shall provide adequate support and drainage far placement of a manufactured home. E. Approval Requirements and Appeal 1. Development Plan and Application a A manufactured home park or recreational vehicle park shall not be constructed, altered or enlarged without a valid approved Development Plan issued by the plamring and Development Department. Before any new, altered or enlargement action can occur, a Development Plan must be submitted far review. Such plan must be approved before any action may proceed. The Development Plan shall also be used when apply=ing far appropriate permits as regulated by other codes. b. Applications for Development Plan approval shall contain at a minimum the fallowing: i. tiame and address of applicant; ii. Location and legal description of the manufactured home or recreational vehicle park, and iii. Trvo {2) copies of a Develaprneni Plan in conformance with the requirements of this Section, and drawn at a minirmum scale of: a. Ohre (1} loch equals one hundred {]04} feet far sites under thirty {3t)} acres; or b. {one {]) ir~reh equals two hundred {20(?) feet for sites of thirty {3fl} acres or mare. c. The application. shall be accompanied by a permit fee; el. 1 h7cvelolnment 1?lan whall straw the lbllocving: i. The ~crea ausd dimcnsians of the tract of land, identifying its locatiaxa and h~utrdaries; - EI :It+`. ntfn b~b}::q', ihi}t ,.#.'.i t?t'.~ a?rd ~l:le, :?~ ..thl ijr.123; 1'saistil°ld lA+?il"ti. 2tY3d reti 4't•.atraaral 'v G'1l.It :(: Ells`,-: nt, flfe ~{!C orlon, 4Y~ilth, anti spectf4Ciltfti:l:i at ClI`14'L'11'iS Vtiy pTlvEltc' internah >treets. pa3'kityg anti cvafkGUays; iv. ']hc location and tfefails of lighting, puhtie telephones. aril elactric'<it and gas ystems; ~.'. the 1C+tiat2i7r? and 4pLx::l:7 i;iltitdll ESf uaEel:' lrtd ;~ti i*'l`S` ~int'.:~ ~113d s~wS`.f~. vi. The location and spe~;ifications of all bui}dulgs constructed or to be constructed within the manufactured home or recreational vehicle park; vii. Existing and proposed topography of file manufactured or recreational vehicle park; viii. The location of fire mauls, including the size of the main, fire hydrants, and fire extinguishment equipment and available fire floe; and ix, Such other information as may be reasonably required by the departments reviewing tlxe Development Plan. 2. Appeal and Ylodifications a. If the Development Plan is denied, the applicant may appeal the decision to the Board of Adjustment b. The Board of Adjustment may approve the Development Plan; approve with modifications or may uphold the denial of the Development Plan, e, The Board of Adjustment shalt consider the following when modifying a Development Plan: i. The minimwn number of manufactured home lots in a manufactured home park; ii. The minimum square footage and minimum dimensions of manufactured home spaces; iii. The minimum number of recreational vehicle spaces in a recreational vehicle park; iv. T1xe minimum square footage of recreational vehicle spaces; v. The minimum per acre density of recreational vehicle spaces; and vi. The munber of pexmanevt residential structures in the manufactured. home or recreational vehicle park. SEC Tlfl}Y 2. Chapter 9, "Defxtritions", of Ori}inance No. 131396, the zoning ordinance of the City of Fort Worth, is hereby amende;t} to add new definitions, to read as follows: 9. I€f I I?edited Terms I?Ir4"I~I.t}I'4II,\`I' PL,1ti: E t=r it;4 ptsrpo~o4 01 (;'t<apttr t, :*v~ ta~~n 3 ~~"!u, LP nit.Ettc'tur.d l fr~n~e {" h~i} 1 't l)isttict: a erxrphac =c:pre~c~ztatzon, clrac~•n to wc~7le, in a lxorizzxntal plane, dc}ir~iatit:; t17o E>u}}xie i~f land inc?aded to tlxe pion <xnd zit} proposed] LiSI' lo,atit~a~s, tik=tth ai~ctarate €liKnensions mdicatin<~ tht, res3ati~sn cif each use to tixat atljoinml~ and tc+ t}ie be+undary o}'thc propel ty. 11 LOT, M11:1NUFr1C'I't`RED HOME: a plat of land within a manufactured home Bark or recreational vehicle park as indicated on the development plan, ufiich is designed to accomrnadate one { 1) rnanufacrisred home or recreational vehicle respecaively MINI_YlGM BL~ILD[NG STANDARD CODE: that article oi'the City Code so designated. SERVICE BUILDING: For the purposes of Chapter 4, Section d.2t?Z, 1?lanulaetured l~lome ("MH") District, a structure housing toilet, lavatory, and such other facilities as may be required. SECTION 3. Except as expressly amended, all provisions of the Crrdinance NO. 1386, as amended, shall remain in full force and effect. SECTION 4. This ordinance shall be cumulative of alt provisions of ordinances and of the Cade of the City of Fart Worth, Texas {148b}, as amended, except u=here tha provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, iu a=]zich event ec~nflieting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared. to be the intention of the City C"ouncil that the secticros, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragralib or seutiosr of this ordinance shall be declared unct'~nwtitutic}x~al bV the ualid iudnerst or Ilc;cree of any court taf ctaa7apetestt aurist{icticat, Stleh '.;Cteon *t C$i[tlonaltt4 vlxtAlk n{'t efttei t ,~tiv tit tl;e rCntatnixx~' p11;:IticS, 4"i:1~~'~!,. Sc'tltt nG:z ~i, parttgrtsplts astd sectic7ns tilt'tin~ c~rdints,sce, tince the wrssrte :~.14xild have heat €:nacTet3 by the. City {`csustcil wiihotat the incva•posxtion in this as•dinancc of ally such txsiconstitutional 1's~il .~:G.. 6: e:~F,it Mx E':.t~. K' FMrtri?,~ al~lz £3g' .£.h q<i'.A.. t~ SECTIC3?V b. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcen7ent of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollaus {y2,d04.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTIrDIti 7. All rights and remedies of the City of Pon Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance Ivo. 3t}11, Ordinance ~o. 13896, or any other ordinances affecting za~ung which have accrued at the time of the effective date of this ordinance, and, as to such acciuE;d 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 maybe prosecuted until final disposition by the worts. ~aEC'.TIQN K. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinan~;e for two {2) days in t11e official newspaper of the City of Fort Worth, Texas, as authorised by Section 52.{)13, Texas Loea} Govcn-rrment Code. SECTIO\ 9. 'Phis ordinance shall take effort upon adc±ptiort aril publication as rccluirecl bcF larv. ll'}'Ii{11`C Cl :~4'T't:t I CtE~'tl r1"~ l? 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