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HomeMy WebLinkAboutOrdinance 21547-12-2014 ORDINANCE NO.21547-12-2014 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 ARTICLE 4 "OVERLAY DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.406, "TCU RESIDENTIAL OVERLAY DISTRICT"; PROVIDING REGULATIONS FOR TCU RESIDENTIAL OVERLAY DISTRICT ("TCU"); 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 City of Fort Worth has many unique and distinctive residential neighborhoods which contribute significantly to the overall character and identity of the city; and WHEREAS, as provided under Section 211.004(a) of the Texas Local Government Code, the City's single family-residential use zoning districts are established upon legislative determination that zoning regulations promote "health and general welfare; lessen congestion in the streets; prevent the overcrowding of land and avoid undue concentration of population," are well expected to be somewhat permanent and are in conformance with the City's Comprehensive Plan; and WHEREAS, the Council of the City of Fort Worth notes that the Comprehensive Plan calls for maintaining the stability of the City's neighborhoods by encouraging new, higher density,residential development along the City's transit and commercial corridors; and WHEREAS, stabilizing the City's established neighborhoods is intended to preserve and strengthen the quality of life within and the sustainability of the City's range of neighborhoods; protect public and private investments by ensuring the vitality and stability within the City's range of neighborhoods; and enhance the character and desirability of and housing choice within the City as a whole; and WHEREAS, within the City there are nine colleges and universities including Texas Christian University ("TCU") which is the City's largest university having as of Fall, 2014, 9,925 students enrolled; and WHEREAS, TCU presently houses 48.3% of its student body on-campus, the remaining 5,865 students live off-campus, generally around the campus as depicted on Exhibit B.32, attached; and WHEREAS, the City Council notes that the area surrounding the TCU campus is predominately one- and two-family, low density residential zoning; and Ordinance No.21547-12-2014 Page 1 of 7 WHEREAS, the City Council is aware that with increasing frequency that single family homes in the established neighborhoods surrounding TCU are purchased by real estate investors or parents of TCU students, for the purpose of providing housing for students; and WHEREAS, owner-occupied residents have expressed concerns about problems associated with the high concentration of housing occupied by unrelated persons including students in established neighborhoods, including but not limited to overcrowding in structures containing four or more bedrooms and four or more bathrooms, excessive vehicular traffic, increased on-street and off-street demand for parking on residential streets, the transient character of unrelated tenants, lack of maintenance of structures and their grounds, noise and other nuisance conditions such as litter and parties; and WHEREAS, the City Council recognizes the need to preserve, protect, and enhance the value of these areas and wished to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing the single family residential character through the establishment of a residential overlay district within the area surrounding TCU; and WHEREAS, the creation of a TCU Residential Overlay District will protect the single family residential character of the neighborhood surrounding TCU, while permitting the residence of students "off-campus" proximate to the university, to protect the character of the area, and to diminish those influences which infringe on the quiet enjoyment of single family residences, such as noise, litter, overcrowding, additional parking needs, and lack of maintenance of structures and their grounds; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 4 "District Regulations" is amended to add a new section, Section 4.406. "TCU Residential Overlay" ("TCU') District, to provide development standards and guidelines for the TCU Residential Overlay District to read as follows: Ordinance No.21547-12-2014 Page 2 of 7 Sec. 4.406.—TCU Residential ("TCU") Overlay District. A. Purpose and intent. The purpose of the TCU Residential Overlay District is to facilitate preservation of existing single-family residential neighborhoods by establishing limitations and special requirements on property uses within the area that are inconsistent with the underlying zoning and original construction thereof by providing a mechanism for making such inconsistent uses compatible. B. Applicability. The requirements set forth in this section shall only apply to one-family zoned property located within the boundaries of the TCU Residential Overlay District. These requirements should be applicable in addition to any other requirement set forth in the Zoning Ordinance or any other section of the Fort Worth City Code. Should a requirement set forth in this section conflict with another requirement set forth in the zoning ordinance, the requirement set forth in this section shall, unless otherwise provided, supersede the zoning requirement to the extent of such inconsistency. C. Boundaries. The specific boundaries of the TCU Residential Overlay District are shown on the official zoning map maintained by the City and depicted and attached as Exhibit 13.32. D. Zoning classification. 1. TCU Residential Overlay District. The TCU Residential Overlay District is designed as an overlay to the base zoning district. Property located within this zoning overlay must also be designated as being within one of the base zoning districts. Permitted uses must be allowed in both the base zoning district and the overlay district and must comply with height, yard, area and parking requirements of the base zoning district. 2. Zoning designation. The zoning designation of the property located within the TCU Residential Overlay District shall consist of the base zoning symbol and the overlay symbol as a suffix. For example, if a parcel is zoned "A-5" and is also located in the TCU Residential Overlay District, the zoning of the parcel would be "A-5/TCU." E. Use Restrictions. No more than three unrelated persons may occupy a single dwelling unit in the TCU Residential Overlay District unless the owner has registered as a nonconforming use by March 31, 2015. When counting the number of unrelated persons in a single dwelling unit, persons related by blood, marriage or adoption shall count as one unrelated person, provided all other persons shall each count as one unrelated person. F. Discontinuance of Nonconforming Use. A residential nonconforming use in the TCU Residential Overlay District, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as when a building ceases to be occupied in a bona fide manner as a nonconforming use for a Ordinance No.21547-12-2014 Page 3 of 7 period of twenty-four (24) consecutive calendar months; provided, however, use of a building by persons related by blood, marriage or adoption for up to a twenty-four month period of time shall not affect the nonconforming status of the building. All other sections of Chapter 7, "Nonconformities" shall apply. G. Procedure for Registering as Nonconforming. Owners of a building located within the TCU Residential Overlay District being occupied by four or five unrelated persons, or issued a building permit as of the effective day of this ordinance, may continue such use by registering as a nonconforming use on or before March 31, 2015. Application for registering as a nonconforming use shall be made by submitting to the Planning and Development Department a completed application on a form approved for such purpose by the Planning and Development Director. Registration as a nonconforming use shall limit occupancy to the demonstrated preexisting density not to exceed five unrelated persons. Failure to register as a nonconforming use with the Planning and Development Department shall result in failure to obtain nonconforming use status. 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 ordinances and such Code, in which 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, 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. Ordinance No.21547-12-2014 Page 4 of 7 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. 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. Ordinance No.21547-12-2014 Page 5 of 7 SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: L 7p, -�6 Assistant City Attorney Mary J. Kay ty S retary ADOPTED: December 2, 2014 EFFECTIVE: 20&M&v Ordinance No.21547-12-2014 Page 6 of 7 k' a'i rr Y—) - _1 LJ ty Zoning district boundaries are subject to change- C For current boundaries and snore detailed delineation, LLEN see the Official Zoning Map maintained by the City of X911 Y Fort Worth Planning and development Department. ?T � R• p� f (t_'r k J I ors — E)GOR lLS aIRE- A AV DALE) RINGFT4� WE - i .. l i or OR t 'r 1l IS4h9JA AISM HEWIGK j L &J6Dig 0 4N ©QI6t3N I1}ISQM- N I - fJ `'' G a 4 --130LT __ .. SLFFFL]LK—' ! -L# t f' LUTJ`t,R yJ .�4 --Wur14 -�` t t PAI N i Exhibit B.32 (See Section 4.406) T Residential Overlay Zone Fot, r r Ordinance No.21547-12-2014 Page 7 of 7