HomeMy WebLinkAboutOrdinance 16183ORDINANCE NO. - I ~ l
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 HOME OCCUPATIONS, TO ADD
SECTION 5.115A TO CHAPTER 5, SUPPLEMENTAL USE
STANDARDS TO AMEND SECTION 4.603, THE
RESIDENTIAL DISTRICT USE TABLE TO ADD A
REFERENCE TO HOME OCCUPATIONS 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, the current definition of 'home occupations" in the Zoning
Ordinance excludes commonly used home services such as music lessons, accounting
services and other customer service business,
WHEREAS, the current definition includes terms that are vague and difficult to
enforce;
WHEREAS, it is advisable to amend the definition of 'home occupations" to
clanfy what uses are allowed and to add requirements for home occupations to the
Zoning Ordinance;
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 Zoning Ordinance of the City
of Fort Worth, is hereby amended to add Section 5 116A, 'Home Occupations" to
provide supplemental use standards and regulations for home occupations to read as
follows.
5 116A Home Occupations
A. Home Occupations may be permitted m accordance with the Use Table in
Chapter 4 Article 6, subs ect to the following conditions.
(1) The use is conducted entirely within.
(a) The principal dwelling unit and attached garage and/or
(b) One accessory building.
Such use is limited to the members of the family or other
residents residing in the dwelling umt and one additional
employee. Employees that do not visit the home as part of
their~ob are excluded from this provision.
(c) Up to five employees may be permitted if approved
by the City Council. In reviewing such a request, the City
Council may consider the following:
1 The reason for the request;
2. The impact on the character of the neighborhood,
3 Availability of on-site parking and number of
employee vehicles,
4 Hours when employees will located on-site;
5 Whether the home occupation business is conducted
entirely inside the dwelling umt; and
6. The consent of the majority of property owners of
the one or two-family residential property along
both sides of the block face.
(2) No vehicular traffic shall be generated by the home occupation
business in greater volumes than would reasonably be expected in
the residential neighborhood or create unreasonable parking or traffic
congestion for the abutting or adjoining neighbors or for the
immediate neighborhood. Any parking of vehicles must be consistent
with city ordinances. Any parking or traffic of such character
intensity and continued duration, which substantially interferes with
the comfortable enjoyment of private homes by persons of ordinary
sensibilities, shall be considered unreasonable. It shall be a defense
to prosecution under this subsection that the parking or traffic created
was reasonable under the totality of the circumstances existing in the
neighborhood. Upon request of the residents of the neighborhood, a
representative from the Transportation and Public Works Departrrient
shall review the traffic impacts to the neighborhood and, if
applicable, refer the review to the traffic management program.
(3) The use must be clearly incidental and secondary to the residential
use of the dwelling and may not alter the existing residential
character of the principal dwelling or the garage/accessory building.
A home occupation that requires structural alteration of the principal
dwelling or garage/accessory building to comply with nonresidential
construction code is prohibited, except for accessibility requirements.
(4) A change in the outside appearance of the dwelling unit or lot
indicating the use or conduct of a home occupation, including
advertising signs or displays is prohibited. All equipment, goods,
wares, merchandise or materials associated with home
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occupation, including equipment, goods, wares, merchandise or
materials located in or on vehicles, must not be visible from any
public street or public right-of way or from other locations off the
premises.
(5) The direct sale of commodities, goods, wares, materials, merchandise
or products to the general public is prohibited, however orders may
be filled on the premises to persons by prior individual oral or written
invitation or if placed earlier by a customer by phone, mail, mternet,
or off-site sales parties.
(6) All on-site advertising that is visible from any public street or
public right-of way or from other locations off the premises, other
than advertising located on vehicles, is prohibited. For the
purposes of this section `vehicle is defined as a passenger
automobile, passenger van, motorcycle or pick-up truck. All
advertising on vehicles shall be mounted flat against or painted on
the vehicle and shall not refer to the street address of the home
occupation business.
(7) All off-site advertising, including signs, displays, billboards,
television, radio, and/or any other advertising medium uses that
refers to the street address is prohibited, other than business
stationary business cards, the home occupation business website,
newsletters, and applicable trade directories.
(8) No mechanical equipment shall be used which will be obnoxious
or offensive by reason of vibrations, noise, odor dust, smoke or
fumes. No combustible materials shall be permitted on the premises
that are in violation of the city's fire code.
(9) A person who engages in a home occupation may not conduct
outdoor activities between the hours of 10.00 p.m. and 7.00 a.m.
B The operation of detail, auto repair paint or body shop business, including
but not limited to, a boat, motorcycle, trailer or auto shop business, shall
not be permitted as a home occupation.
C. A Home School shall not be considered a home occupation and shall not
be subject to the regulations of this Section.
D A home occupation is permitted as an incidental use and is secondary to
the use of a dwelling. The City Council may at any time, amend this
ordinance to terminate any or all home based business uses without
creating nonconforming rights to the continuance of a home based
business.
3
SECTION 2.
Chapter 9 of Ordinance No 13896, the zoning ordinance of the City of Fort
Worth, Section 9 101 'Defined Terms, is hereby amended by amending the definition
for 'Home Occupation and to add definitions for `Private School, `Home School" and
`Tutoring/Private Education Classes" to read as follows.
HOME OCCUPATION An accessory use of a dwelling unit for
gainful employment that is conducted by a member of the family
residing m the dwelling which is clearly customary incidental and
a subordinate secondary use of the dwelling unit as a residence and
does not alter the exterior of the property or affect the residential
character of the neighborhood.
PRIVATE SCHOOL For the purposes of Chapter 5 Article 1
Home Occupations, `Pnvate school" shall mean anon-public
school facility located in a dwelling unit that provides students
their primary education in math, reading, spelling, grammar good
citizenship and other academic instruction by someone other than
the student's parent, legal guardian or an adult member of the
household in which the student resides.
HOME SCHOOL. A private school as defined in the Texas
Education Code, Section 21 033 which is taught by a parent or
parents, legal guardian or other designated adult member of the
household in which the student resides.
TUTOR/PRIVATE EDUCATION CLASSES For the purposes
of Chapter 5 Article 1 Home Occupations, `Tutor/private
education classes" shall mean a person or persons employed to
provide, in a dwelling unit, additional, specialized or remedial
instruction to another which supplements the persons core
education.
SECTION 3.
Chapter 4 Article 6, of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, Section 4 603 'Residential District Use Table" Accessory Uses"
Accessory" is hereby to add a reference in the 'Supplemental Standards" column to
Section 5 116A for 'Home Occupations" under 'Residential Uses" Accessory Uses.
4
SECTION 4.
Staff is directed to review this ordinance in nine months from its adoption date,
and to submit a report to the City Council concerning the impact and effectiveness of the
ordinance and any issues relating to enforcement of the ordinance.
SECTION 5.
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.
SECTION 6.
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 in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
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
5
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 8.
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 time of the effective date of this ordinance and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending m 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 9
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 newspaper of the City of Fort Worth, Texas, as authorized by Section
52.013 Texas Local Government Code.
SECTION 10.
This ordinance shall take effect thirty (30) days after adoption and publication
as required by law
APPROVED AS TO FORM AND LEGALITY
Assistant City ttorney
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