HomeMy WebLinkAboutOrdinance 17276-11-2006ORDINANCE NO 17276-11 2006
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 CHAPTER 9 `DEFINITIONS" TO ADD OR AMEND
DEFINITIONS FOR `COOHING EQUIPMENT" `DWELLING UNIT"
`DWELLING UNIT ACCESSORY" `HITCHEN" ROOMER, BOARDER OR
LODGER AND `TEMPORARY GUEST" PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A PENALTY CLAUSE PROVIDING A SAVINGS
CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, homeowners m the area surround the Texas Christian Umversrty
raised concerns about parking, noise, litter and the change m character of their
neighborhoods due to the shift from single family households to rental properties, parking
on neighborhood streets by non-residents, the number of allowed tenants and related
guests, the limited space on smaller lots for off street parking; and the decrease in home
values and sales, and
WHEREAS m January of 2005 the City Council formed the `Unrelated Persons
Task Force composed of representatives from area residents, the Black and Hispanic
Chambers, apartment associations, real estate, the League of Neighborhoods, Texas
Christian Umversrty and neighborhood associations, and
WHEREAS, the Task Force was charged with formulating recommendations on
issues related to reducing the number of unrelated persons m the definition of family
rental registration and the related cost and fees, and the definition of what constitutes a
secondary dwelling; and
WHEREAS, during the eight Task Force meetings, the Task Force members
expressed concerns regarding secondary dwellings in areas zoned A 5" Single Family
residential, including how to prevent people from living in secondary dwellings which
makes the neighborhood resemble more of a `B-2 Two-Family zone, the need to allow
property owners use of their pool house, guest house and garage office, balancing the
needs of all the residents, and adding further enforcement tools under the current zoning
ordinance regulations, and.
WHEREAS, considering all of the concerns, the Task Force recommended the
refinement of certain defimtions m the Zoning Ordmance• and
WHEREAS, rt is advisable to amend and/or add defimtions to Chapter 9 of the
Zoning Ordinance for cooking equipment" dwelling umt" accessory dwelling unit"
`kitchen and `roomer boarder or lodger" to clarify and add further enforcement on
these issues
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1
Chapter 9 `Definitions" of Ordinance No 13896 the zoning ordinance of the
City of Fort Worth, is hereby amended to amend and/or add definitions for cooking
equipment" dwelling umt" `accessory dwelling unit" `kitchen and `roomer boarder
or lodger" to read as follows
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COOHING EQUIPMENT A stove, range or other such appliances, which
requires a 220V or gas connection that is used, designed, or intended to be used
for the cooking and preparing of food.
DWELLING UNIT A building, or any portion thereof, containing a complete
set of independent living facilities for occupancy and use by one family including
permanent provisions for hvmg, sleeping, eating, sanitation and cooking within a
kitchen for the exclusive use of the occupants whose intent is to habitat the
dwelling unit.
DWELLING UNIT ACCESSORY Non-rented or leased living facilities
within a detached building located on the same lot, parcel or tract of the primary
dwelling unit for use or occupancy by temporary guests or a member of the family
of the main dwelling unit, which does not contain cooking equipment.
HITCHEN Any room or portion of a room containing cooking equipment and
facilities for the refrigeration, preparation, cooking of food, and washing of
cooking and eating utensils and used or intend or designed for cooking and
preparing food. The installation of a 220V or gas connection m any room or
portion of a room that is used or intended to be used as cooking equipment for the
preparation of food shall be considered a kitchen.
ROOMER, BOARDER OR LODGER. A person occupying any room or group
of rooms used or intended to be used for hvmg, sleeping, but not for cooking or
eating purposes and paying compensation for said rooms or group or rooms by
prearrangement for a week or more at a time to an owner or operator who is not
related by blood, adoption or marriage to such person. Any person occupying
such room or group of rooms and paying such compensation without pre
arrangement or for less than a week at a time shall be classed for purposes of this
ordinance not as a roomer boarder or lodger but as a guest of a commercial
lodging establishment (bed and breakfast home or inn, hotel or motel)
TEMPORARY GUEST A nonpaying guest of the occupants of the primary
residence who does not utilize an accessory dwelling unit or primary residence as
an address for any purposes and whose stay does not exceed more than fourteen
days m a consecutive thirty-day period. A roomer boarder or lodger shall not be
considered a temporary guest.
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
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of this ordinance are m 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 m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4
All rights and remedies of the Crty 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 5.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
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the caption, penalty clause and effective date of this ordinance for two (2) days m the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013
Texas Local Government Code
SECTION 6.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
By• , .p~v.~._.
Assista/n/t Crty Attorney
ADOPTED G `~~~'
EFFECTIVE ~ ~ ~ ~
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