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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. Definitions, Ch.9,Amendments Ordinance No. 21945-10-2015 Pagel of 3 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 Definitions, Ch.9,Amendments Ordinance No. 21945-10-2015 Page 2 of 3 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 Definitions,Ch.9,Amendments Ordinance No. 21945-10-2015 Page 3 of 3