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HomeMy WebLinkAboutOrdinance 18435-01-2009ORDINANCE NO. 18435-1-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 IN ITS ENTIRETY SECTION 5.129 "RECREATIONAL VEHICLE PARK" OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS RELATED TO SETBACKS, HEIGHT, LOT AREA, PAVING, AND OTHER PROPERTY DEVELOPMENT STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the provisions governing Mobile Home and Recreational Vehicle Parks are located in Appendix J of the Fort Worth Fire Code; and WHEREAS, many of the provisions in Appendix J of the Fort Worth Fire Code are not related to fire and safety but instead relate to construction and development standards; and WHEREAS, the Fort Worth Fire Deparhnent desires to relocate those provisions unrelated to fire safety to more appropriate sections of the Fort Worth City Code and Zoning Crcdinance; WHEREAS, Section 5.129 of the Fort Worth Zoning Ordinance is the appropriate place to relocate the provisions from Appendix J of the Fire Code related to development standards for Mobile Home and Recreational Vehicle Parks; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, AS FOLLOWS: SECTION 1. Section 5.129, "Recreational Vehicle Park" of Chapter 5, "Supplemental Use Standards", of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended in its entirety to read as follows: 5.129 Recreational Vehicle Park Recreational vehicle parks are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided they are constructed and developed in accordance with the Minimum Building Standazds Code, other applicable provisions of the City Code and the following conditions: A. Development Approval Requirements A recreational vehicle park shall not be constructed, altered or enlazged without an approved Development Plan issued by the Planning and Development Department in accordance with the provisions of this section. B. Property development standards 1. In recreational vehicle pazks, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. Recreational Vehicle Parks 'Land Area 'Minimum of 50 vehicle lot spaces, with required 'streets and service buildings 'Densi 'Not to exceed 25 lots per acre of gross site area Lot Area 1,000 square feet minimum Private Streets Parkine Notes: * May be subiect to projected front yard (Section 6.101 F) 36 feet minimum width; minimum cul-de-sac diameter 100 feet; maximum block length 500 I feet. 1 off street space 2. Entrances and exits may not be through a residentially zoned district nor require traffic movement to or from the recreational vehicle park through a residentially zoned district. C. Service and auxiliary buildings 1. This section shall apply to all service buildings, recreation buildings, management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, commercial buildings supplying essential goods or services for park tenants, and other similar buildings in recreational vehicle parks. 2. All service and auxiliary buildings shall be located to be convenient to the recreational vehicle lots they service and shall be kept clean. 3. Each park shall contain one (1) or more service buildings providing separate sanitary facilities for men and women. a. No lot space shall be located farther than tive hundred (500) feet from such a service building. b. The entrances to such buildings shall be clearly marked to show which gender the facilities serve. D. Permanent residential structures 1. At each recreational vehicle park, no more than one (1) existing residential structure may be retained or one (1) new residential structure constructed for occupancy by the owner or operator of the park. 2. An existing residential structure located on a recreational vehicle park may be converted to a clubhouse, community center or service building for use by the guest of the park. A structure so converted shall meet all applicable codes for public occupancy to the proposed use. E. Use of recreational vehicle lots 1. Recreational vehicle parks lots shall be occupied only by recreational vehicles. 2. Lots shall be rented only a daily or weekly basis. 3. The owner or operator of a recreational vehicle park shall not permit a guest or a recreational vehicle to remain in the park longer than sixty (60) consecutive days. F. Other development standards 1. Ground Surface and Drainage a. Each lot shall provide adequate support and drainage for the placement of the recreational vehicle. b. Exposed ground surfaces in all parts of a recreational vehicle park shall be paved, covered with stone screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and elimination of dust. c. The ground surface in all parts of a recreational vehicle park shall be graded and equipped to drain all surface water in a safe and efficient manner. 2. Public Telephone. A public telephone shall be installed and maintained in each recreational vehicle park, located in awell-lighted area and accessible to park guests twenty-four (24) hours a day, seven (7) days a week. 3 G. Development Plan Approval Requirements and Appeal 1. Development Plan and Application a. A recreational vehicle park shall not be constructed, altered or enlarged without a valid approved Development Plan issued by the Planning and Development Department. Before any new, altered or enlargement action can occur, a Development Plan must be submitted for review. Such plan must be approved before any action may proceed. The Development Plan shall also be used when applying for appropriate permits as regulated by other codes. b. Applications for Development Plan approval shall contain at a minimum the following: i. Name and address of applicant; ii. Location and legal description of the recreational vehicle park; and iii. Two (2) copies of a Development Plan in conformance with the requirements of this Section, and drawn at a minimum scale of: a. One (1) inch equals one hundred (100) feet for sites under thirty (30) acres; or b. One (1) inch equals two hundred (200) feet for sites of thirty (30) acres or more. c. The application shall be accompanied by a permit fee; d. A Development Plan shall show the following: i. The area and dimensions of the tract of land, identifying its location and boundaries; ii. The number, location, and size of all recreational vehicle lots; iii. The location, width, and specifications of driveways, private internal streets, parking and walkways; iv. The location and details of lighting, public telephones, and electrical and gas systems; v. The location and specification of water and sewer lines and sewer service riser pipes; vi. The location and specifications of all buildings constructed or to be constructed within the recreational vehicle park; vii. Existing and proposed topography of the recreational vehicle park; viii. The location of fire mains, including the size of the main, fire hydrants, and fire extinguishment equipment and available fire flow; and ix. Such other information as may be reasonably required by the departments reviewing the Development Plan. 2. Appeal and Modifications 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. c. The Board of Adjustment shall consider the following when modifying a Development Plan: 4 i. The minimum number of recreational vehicle spaces in a recreational vehicle park; ii. The minimum square footage of recreational vehicle spaces; iii. The minimum per acre density of recreational vehicle spaces; and iv. The number of permanent residential structures in the recreational vehicle park. SECTION 2. Except as expressly amended, all provisions of the Ordinance No. 13896, as amended, shall remain in full force and effect. SECTION 3. 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 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. 5 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 ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 8. This ordinance shall take etfect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ~~ lj~~b'l~'Gti ~ 1'Yi17~ Assistant City Attorney ADOPTED: 1 /6/200,$CI EFFECTIVE: O