HomeMy WebLinkAboutOrdinance 15825ORDINANCE NO 15825
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, TO AMEND SECTION 5.403 TO
ALLOW MODEL HOMES AND SALES TRAILERS BY RIGHT
WITHIN 300 FEET OF AN ARTERIAL OR WIDER STREET AND
TO REQUIRE BUFFERYARD, SCREENING AND IRRIGATION
AMEND SECTION 5.405 TO ALLOW ONE SALES AND ONE
CONSTRUCTION TRAILER, ELIMINATE THE 300 FOOT
REQUIREMENT FOR SALES TRAILERS AND REQUIRE
BUFFERYARD, SCREENING AND LANDSCAPING
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS
CLAUSE PROVIDING A SEVERABILITY CLAUSE, PROVIDING
A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
WHEREAS the Zoning Board of Adjustment has a responsibility to apprise the
City Council of potential problems with the Zoning Ordinance; and
WHEREAS, there are large numbers of recurnng requests for specific types of
variances that routinely generate the need for variance requests from the Board of
Adjustment; and
WHEREAS, many of these requests are routinely approved by the Board of
Adjustment with little debate; and
WHEREAS, a subcommittee of the Board of Adjustment has recommended
some modest changes in the Zoning Ordinance in order to reduce the number of routine
appeals filed by the public, processed by the staff and heard by the Board, and
WHEREAS, the City Council desires to amend the Zoning Ordinance to change
the distance requirements for model homes and construction trailers in certain
circumstances, and
WHEREAS the intent of the following changes is to minimize the need for
variance requests for those zoning provisions that are customarily approved by the Board of
Adjustment;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS AS FOLLOWS
SECTION 1
Chapter 5 Article 4 of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, Section 5 403 `Model Homes" to amend the required 300 foot setback
from occupied residential dwellings to m the same subdivision and to allow model homes
by right if within 300 feet of an arterial or wider street to read as follows.
Sec 5 403 Model Home.
In any residential district, model homes used as show homes
and/or sales offices are permitted in a new subdivision (as
approved by a preliminary plat in the last two years) to which they
pertain and subject to the following conditions.
1 No more than three model homes per builder per
platted subdivision are permitted.
2 Model homes that are located more than three
hundred feet from an arterial or wider street must be
at least three hundred feet from any occupied
residence within the same subdivision and are
subject to a time limit of three years. Model homes
that are located three hundred feet or less from an
arterial or wider street are not subject to the
residential distance requirement or the three-year
time limit of this section.
3 Model homes must comply with the bufferyard,
screening and fence requirements of Chapter 6,
Article 3
4 In the 'MH" district, a manufactured home may be
used as a model home.
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SECTION 2.
Chapter 5 Article 4 of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, Section 5 405 `Trailer Portable Construction or Storage is renamed and
amended to allow one sales and one construction trailer by deleting the 300 foot
requirement from any occupied residence, and by adding screening fence, skirting,
paving and landscape requirements to read as follows
Sec. 5 405 Trailer Portable Sales, Construction or Storage.
In any residential distract, portable trailers used as sales offices,
construction offices or storage trailers are permitted if they are
located within a new subdivision (as approved by a preliminary
plat in the last two years) to which they pertain and subject to the
following conditions.
1 No more than one portable sales trailer and one portable
construction trailer per builder per platted subdivision is
permitted.
2 Portable construction trailers must be at least 300 feet from
any occupied residence and are subs ect to a time limit of
two years.
3 Portable sales trailers that are located more that three
hundred feet from an arterial or wider street must be at least
three hundred feet from any occupied residence within the
same subdivision and are subject to a time limit of three
years. Portable sales trailers that are located three hundred
feet or less from an arterial or wider street are not subject to
the residential distance requirement or the three year time
limit of this section.
4 Portable construction and sales trailers must be skirted on
the front and sides, provide foundation. landscape planting
consisting of one five-gallon shrub per four linear fee
around the skirting. (excluding entrances) and must comply
with the bufferyard, screening and fence requirements of
Chapter 6, Article 3
5 Each construction trailer shall have at least four paved
parking places (two deep tandem parking is allowed). Each
sales trailer shall have at least two paved parking places
(two deep tandem parking is not permitted)
6. A manufactured home is not allowed as a portable trailer
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SECTION 3.
That this ordinance shall be cumulative of all other ordinances of .the City of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except in those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 4
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 5.
That rt 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
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.
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SECTION 6.
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 7
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 V T C.A. Local Government Code Subsection 52.013
SECTION 8.
That this ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
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ADOPTED 1 ~ ~ ~ -~ i
EFFECTIVE I ~ I
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