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HomeMy WebLinkAboutOrdinance 15831ORDINANCE NO. ~~ I 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 5, `SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR INDUSTRIALIZED HOUSING• TO ADD SECTION 5.117A TO CHAPTER 5, `SUPPLEMENTAL USE STANDARDS" TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE TO ADD `INDUSTRIALIZED HOUSING" AS A USE UNDER `RESIDENTIAL USES" ADD TO ADD A REFERENCE IN THE SUPPLEMENTAL STANDARDS COLUMN, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pnor to the passage of Senate Bill 1326 on June 18, 2003 industnahzed housing could be constructed, installed, or located anywhere within a mumcipahty where on-site houses could be constructed without any regulation by the municipality WHEREAS, because the lack of regulation could threaten residential property values, the Texas Legislature passed Senate Bill 1326 adding Section 1202.253 of Subchapter F Chapter 1202 of the Occupations Code to allow municipalities to adopt regulations relating to single- family or duplex industnahzed housing; WHEREAS, the intent of the following regulations is to provide consistent development standards throughout the community for single-family and duplex housing in order to protect property values; WHEREAS, it is advisable for the City of Fort Worth to adopt regulations to the Zoning Ordinance to provide standards for industrialized housing within the City of Fort Worth, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 5 Article 1 of Ordinance No 13896, the Zomng Ordinance of the City of Fort Worth, is hereby amended to add Section 5 116A, `Industrialized Housing to provide supplemental use standards and regulations for Industrialized Housing to read as follows. 5 116A. Industrialized Housing A. Industrialized Housing may be permitted in accordance with the Use Table in Chapter 4 Article 6, subs ect to the following conditions. (1) All single-family or duplex industrialized housing must have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located. (2) All single family or duplex industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located, (3) All single-family or duplex industrialized housing must comply with all building setbacks and site requirements of the applicable zoning district; and (4) All single-family or duplex industrialized housing must be securely fixed to a permanent foundation. B. For purposes of this Section, `value" shall mean the taxable value of the industrialized housing and the lot after the installation of the housing. C For purposes of this Section, `compatible" shall mean that the exterior siding, roofing, roof pitch, foundation fascia and fenestration of the proposed industrialized housing must match or be indistinguishable from the majority single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located. D Any owner or authorized agent who intends to construct, erect, install, or move any industi-ialized housing into the City shall first make application to the building official and obtain the required permits. In addition to any other information otherwise required for said permits, the application shall. (1) Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located by address, lot and block number and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the properties are located, 2 (2) Describe and provide front view photographs of the exterior siding, roofing, roof pitch, foundation fascia, and fenestration for each single-family dwelling located with 500 feet of the lot on which the industrialized housing is to be located, (3) Describe the permanent foundation and method of attachment proposed for the industrialized housing; (4) State the taxable value of the industrialized housing and the lot after installation of the industrialized housing; and (5) Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located. E. A person is m violation of this section if the person. (1) Fails to make an application for permit as required by this section, or (2) Constructs, erects, installs or moves any industrialized housing into the City which does not comply with this section. SECTION 2. Chapter 4 Article 6, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 b03 `Residential District Use Table" `Residential Uses" `Household Living" is hereby to add `Industrialized Housing" as a use and to add a `P" and asterisk under the Residential Districts columns starting with A-43" through `MU 2" and to add a reference in the `Supplemental Standards" column to Section 5 116A for `Industrialized Housing" under `Residential Uses" `Household Living. SECTION 3. 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, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 3 SECTION 4. 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 5. 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 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 13896 which have accrued at the tune 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 orchnances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 7 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 4 newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local Government Code. SECTION 8. This ordinance shall take effect upon adoption and pubhcahon as required by law APPROVED AS TO FORM AND LEGALITY s~~. .~~~ Assistant Ci orney ADOPTED• f ~l ~ 0~ EFFECTIVE. ~ ~ ~~ ^ ~~ 5