HomeMy WebLinkAboutOrdinance 21945-10-2015 ORDINANCE NO. 21945-10-2015
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 AMEND
SECTION 9.101,"DEFINED TERMS" TO REVISE THE DEFINITIONS OF "FAMILY", `BOARDING
HOUSE OR LODGING HOUSE", "COMMUNITY HOME", "RESTAURANT" AND ADD
DEFINITIONS FOR "TRANSIENT OR SHORT TERM RESIDENTIAL" AND "SINGLE
HOUSEKEEPING UNIT"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, from time to time it is necessary to update certain definitions to be consistent with state
law and to reflect current interpretations and applications; and
WHEREAS, it is necessary to clarify certain existing residential definitions to ensure that they are being
applied as intended; and
WHEREAS, new definitions should be created to codify the relationship of residents within a unit and
clarify when occupancy is short term;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
Chapter 9 "Definitions", being Ordinance No. 13896, as amended, codified as Appendix "A" of the
Code of the City of Fort Worth, Section 9.101 "Defined Terms" is amended to revise the definitions for
restaurant, community home, family, and boarding house or lodging house, and to add definitions for "single
housekeeping unit" and "transient or short term residential", to read as follows:
Sec. 9.101 DEFINED TERMS.
BOARDING HOUSE or LODGING HOUSE. A dwelling with at least one common exterior entrance where
separate sleeping rooms are available for rent for a period of seven consecutive days or longer to persons for
compensation, pursuant to previous arrangements, and excluding hotels or motels. The owner, agent or rental
manager may or may not reside within the dwelling.
COMMUNITY HOME. A community-based residential home as defined by the Community Homes for
Disabled Persons Location Act, Tex. Human Resources Code, Chapter 123. Not more than six persons with
disabilities and two supervisors may reside in the community home at the same time. The limitation on the
number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
FAMILY. Any individual or two or more persons related by blood, adoption, marriage or guardianship, or not
more than five unrelated persons operating as a Single Housekeeping Unit and expressly excluding lodging,
boarding, fraternity, and sorority houses.
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RESTAURANT. A place which is regularly open in a bona fide manner; which is used and kept open for the
service of food to customers for compensation; which has suitable seating for guests; which has suitable
facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or
night and the serving of food is the primary business of such place, and which may, as an accessory use, provide
patrons with space for dancing or permit patrons to dance. Includes restaurants legally authorized (by duly
issued permits from the city and state) to sell alcoholic beverages for consumption on the premises-provided
however that gross receipts for alcoholic beverages shall not exceed 50% of the total gross receipts.
SINGLE HOUSEKEEPING UNIT. Individuals occupying a dwelling unit that have established ties and
familiarity with each other; share a lease agreement, have consent of the owner to reside on the property, or own
the property;jointly use common areas and interact with each other; and share the household expenses, such as
rent or ownership costs, utilities, and other household and maintenance costs, or share responsibility for
household activities. If the unit is rented, all residents over the age of 18 have chosen to jointly occupy the
entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the
premises.
TRANSIENT RESIDENT. Individuals occupying a dwelling unit, including rental of a
home or room, for a period of less than 30 days. The definition also includes the usage of a property for a daily
or weekly rental as a commercial business.
SECTION 2.
This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort Worth, Texas
(1986), as amended, affecting zoning and shall not repeal any of the provisions of such ordinances, except in
those instances where provisions of such ordinance are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of Ordinance Nos. 3011, 13896, or any amendments thereto that have accrued at the time of the
effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or
criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the
courts.
SECTION 4.
That 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 void, ineffective or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
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remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
That 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 ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish 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.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
s'
H, .
Melinda Ramos, Sr. Assistant City Attorney iary J. Kayser, City Secret,
Adopted: October 13, 2015
Effective: October 17, 2615
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