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HomeMy WebLinkAboutOrdinance 11478i i . ..1"•,~ r ~ f I s ¢ L ,.f ,a 3 i ORDINANCE N0. ~'7` / AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, AND CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED BY AMENDING SECTION 1 "DEFINITIONS" TO INCLUDE DEFINITIONS OF "BED AND BREAKFAST HOME", AND "BED AND BREAKFAST INN", BY AMENDING SECTION 19 "OFF-STREET PARKING AND LOADING REGULATIONS", BY ADDING SPECIFIC REQUIREMENTS FOR BED AND BREAKFAST HOMES AND BED AND BREAKFAST INNS, AND BY AMENDING SECTION 20, "BOARD OF ADJUSTMENT", BY ADDING BED AND BREAKFAST HOMES AND BED AND BREAKFAST INNS AS AUTHORIZED SPECIAL EXCEPTIONS UNDER SUBDIVISION "C"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 211 of the Local Government Code authorizes home rule cities to divide the City into districts and regulate the use of property within such districts for the purpose of promoting public health, safety, morals, and for the protection of the general welfare of the community; and WHEREAS, the City of Fart Worth regulates the use of land and structures in the City under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) as well as other City ordinances and regulations; and WHEREAS, Section 54.004 of the Local Government Code autho- rizes home rule cities to enforce all ordinances necessary to protect health, life and property, and to preserve the good government, order and security of such cities and their nhabit- ants; and WHEREAS, the City Council of the City of Fort Worth desires to regulate Bed and Breakfast establishments to protect the safety, public health, welfare, life, property, overall quality of life for the citizens of and visitors to the City; and to encour- age the appropriate use of land; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. THAT Section 1, "Definitions" of Ordinance 3011, the Comprehensive Zoning Ordinance, as amended, of the City of Fort Worth is hereby amended by adding the following to the list of definitions to read as follows: "Bed and Breakfast Home" - A property with an existing structure(s) (as of the date this ordinance is effective) designed for and occupied as a single-family residence providing overnight accommodations to transient guests. The structure(s) serves as the primary residence or homestead of its owner-operator with the Bed and Breakfast Home considered to be an accessory use and not the primary use of the property. The person who owns the property must also be the operator of the establishment. "Bed and Breakfast Inn" - A property providing overnight accommodations to guests operated by an owner and/or operator, with premises being a commercial enterprise. SECTION 2. THAT Section 19, "Off-Street Parking and Loading Regula- tions" of the Ordinance 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by adding the following: -2- Section B. "Specific Requirements" 26. Bed and Breakfast Home: for all bed and breakfast homes, permanent provision shall be made for off-street parking of motor passenger vehicles. Such parking shall be behind any building line and shall provide not less than two spaces for the owner-operator of the bed and break- fast home, plus one additional space for each bedroom for guests. 27. Bed and Breakfast Inn: for all bed and breakfast inns, permanent provisions shall be made for off-street park- ing of motor passenger vehicles. Such parking shall be behind any building line and shall provide not less than two spaces for the owner-operator of the bed and break- fast inn, and one additional space for each bedroom for guests and one additional space for each two persons employed on the premises, and one additional space for servicing additional traffic. SECTION 3. THAT Section 20, "Board of Adjustment" of the Ordinance 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by adding the following to the list of authorized special exceptions contained in Subsection C, "Authorized Special Exceptions" to read as follows: "C. AUTHORIZED SPECIAL EXCEPTIONS" SPECIAL EXCEPTION 42. Bed and Breakfast Homes subject to the following restrictions a. A site plan to scale shall be presented to the Zoning Board of Adjustment when application is made for a Bed and Break- fast Home Special Exception showing required off-street parking spaces, driveways, sidewalks, and any other pav- ing, and the floor plan of the residence showing bedrooms to be used for public . The bur- DISTRICT REQUIRING BOARD APPROVAL ~~ B ~~ ~ ~~ CR ~~ ~ ~~ C ~~ ~ ~~ D ~~ ~ "D-HR1", "D-HR2", ..ER.. ~ ..E.. ~ "F-R" , ~~ F ~~ ~ ~~ G,. ~ ~~ H ~~ ~ ~~ I ~~ ~ "J" and "K" -3- den of proof regarding all re- strictions is on the appli- cant. Such site plan and floor plan will become part of the approval of the Special Exception. Applicant shall submit three photographs of the existing residence; a pic- ture of the front. of the prop- erty showing the property from the street to the front of the residence; and a view from each side property line show- ing the property from the pro- perty line to the residence. The Board of Adjustment will have no authority to waive the site plan. b. Provision must be made for one off-street parking space per guest room, plus two off- street parking spaces for own- er-operator. The parking area must be a hard surface, and dust free. The Board of Ad- justment shall have no author- ity to issue variances to this paragraph. c. All overnight parking shall be in designated parking spaces, as provided on the site plan. 1) Other than driveways and sidewalks, the front yard (which means the property from the front of the building to the street) may not be paved. The Board of Adjustment shall have no authority to issue variances to this paragraph. 2) All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent res- idences to a height of six feet by a solid screening fence, or dense shrubs and vegetation. The Board of Ad- -4- justment shall have no author- ity to issue variances to this paragraph. d. Stacked parking is permitted in driveways for a maximum of four vehicles. The Board of Adjustment shall have no au- thority to issue variances to this paragraph.' e. Recreational vehicles, trailer homes, campers, and utility trucks exceeding 7 foot height, 7 foot width, or 20 foot length may not be parked by the owners or occupants of a Bed and Breakfast Home on the premises or the street. f . A maximum of 3 guest rooms is allowed with no more than three occupants per guest room up to a maximum total of nine guests per night in a Bed and Breakfast Home. The Board of Adjustment will have no autho- rity to issue variances to this paragraph. g. The maximum length of stay is limited to 14 consecutive days for each individual guest. No guest shall stay more than 60 days in any twelve month peri- od. h. Signage is limited to one square foot, attached to buil- ding or mailbox, unilluminat- ed, displaying only the name of the Bed and Breakfast Home on it. No additional outdoor advertising of any kind is allowed. The Board of Adjust- ment will have no authority to issue variances to this para- graph. i. The floor plan of a Bed and Breakfast Home cannot be al- tered or changed without ap- -5- S proval by the Zoning Board of Adjustment. j. Basements, garage apartments,. guest houses and attic rooms can be rented under these guidelines. Existing garages cannot be converted. k. A Bed and Breakfast Home must comply with all applicable state and city health and safety laws. 1. No weddings, receptions, events, or parties may be held at a Bed and Breakfast Home. m. No alcohol beverage may be sold to Bed and Breakfast guests on the premises. n. No cooking is permitted in bedrooms. o. No vending machines are al- lowed. p. Souvenirs, clothing or mis- cellaneous items can be sold only to registered guests by the owner/operator. q. No trash dumpsters are al- lowed. r. Owner must secure an annual Operator's License and obtain a Certificate of Occupancy before operating a Bed and Breakfast Home. s . I f a Bed also in district the str the one forced. and Breakfast Home is an H/C overlay sub- the ordinance with ictest guidelines is which will be en- t. Guests must register on arriv- al. A guest must provide name, permanent home address -6- and telephone number, vehicle license number and date(s) of occupancy. Registration re- cords must be maintained for five years and are subject to review by city officials at any time. u. Violation of this Ordinance or any other city ordinance may result in revocation of Opera- tor's License. v. A Bed and Breakfast Home may not be located within four hundred (400) feet of another Bed and Breakfast Home or Inn or a boardingllodging house. The distance will be deter- mined by a straight line from the closest property line of the lot on which the Home is located to the closest. proper- ty line of the lot on which the other Home or Inn or boarding/lodging house is lo= Gated. w. A Special Exception can only be granted for a maximum pe- riod of five years and is not transferable to a subsequent owner or to another property. SECTION 4. THAT Section 20, "Board of Adjustment" of the Ordinance 3011, the Comprehensive Zoning Ordinance of the City of Fort worth, as amended, is hereby amended by adding the following to the list of .authorized special exceptions contained in Subsection C, "Authorized Special Exceptions" to read as follows: "C. AUTHORIZED SPECIAL EXCEPTIONS" DISTRICT REQUIRING SPECIAL EXCEPTION BOARD APPROVAL -7- 43. Bed and Breakfast Inns subject to the following restrictions. a. A site plan to scale shall be presented to the Zoning Board of Adjustment when application is made for a Bed and Break- fast Inn Special Exception showing required off-street parking spaces, driveways, sidewalks, and any other pav- ing and the f loot plan of the building showing rooms to be used for public accommodation. The burden of proof regarding all restrictions is on the applicant. Such site plan and floor plan will become part of the approval of the Special Exception. Applicant shall submit three photographs of the building; a picture of the front of the property showing the property from the street to the front of the building; and a view from each side property line showing the pro- perty from the property line to the building. The Board of Adjustment will have no authority to waive the site plan. b. A Bed and Breakfast Inn shall have a manager on site at all times when occupied by guests. c. Provision must be made for one off-street parking space per guest room, plus two off- street parking spaces for owner or operator, one addi- tional space for each two per- sons employed on the premises, plus one space for servicing additional traffic. The park- ing area must be a hard sur- face, and dust free. d. In residentially zoned dis- tricts "D", "D-HR1", and "D-HR2", no parking shall be "D", D-HR1", D-HR2", ~~ ER ~~ ~ ~~ E „ ~ ~~ F-R ~~ ~ ~~ F ~~ ~ ~~ G,~ ~ ~~ H ~~ ~ ~~ I ~~ ~ ~~ J ~~ ~ ,~ R ~~ -8- permitted in the front yard (from the front of the buil- ding to the street) other than on a driveway. 1) Other than driveways and sidewalks, the front yard (meaning the property from the front of the building to the street) may not be paved. The Board of Adjustment shall have no authority to issue variance to this paragraph. 2) All parking areas (except driveways) on a property abut- ting residentially zoned dis- tricts A, AR, B, R-1, and R-2, must be screened from the view of adjacent residences to a height of six feet by a solid screening fence or dense shrubs and vegetation. The Board of Adjustment will have no authority to issue varianc- es to this paragraph. 3) All overnight parking shall be in designated parking spac- es, as provided on the site plan. e. Stacked parking is permitted in driveways. f. Off-site parking may be pro- vided within 200 feet of a Bed and Breakfast Inn provided the property is properly zoned or a Special Exception for auxil- iary parking in compliance with Section 19 (A)(12) is granted. In addition, all off-site parking must comply with Section 18D relative to screening fence and bufferyard requirements if abutting prop- erty is zoned "A", "A-R", "B", "R-1", and "R-2". A fence may not intrude in the front or side yard past any building -9- line [see Sec. 18 (A)(7) of the Zoning Ordinance]. g. A maximum of 5 guest rooms is allowed with no more than three occupants per guest room up to a maximum of fifteen guests per night. The Board of Adjustment will have no au- thority to issue variances to this paragraph. h. The maximum length of stay is limited to 14 consecutive days for each individual guest. No guest shall stay more than 60 days in any twelve month peri- od. i. In Zoning Districts "D", "D- HR-1", and "D-HR-2", signage is limited to one square foot, displaying only the name and/or address of the Bed and Breakfast Inn on it. No addi- tional outdoor advertising of any kind is allowed. In all other Zoning Districts, com- pliance with City of Fort Worth signage ordinances is required. j. Recreational vehicles, trailer homes, campers, and commercial trucks of at least 7 foot height, 7 foot width, and 20 foot length may not be parked by the owners or occupants of a Bed and Breakfast Home on the premises or the street in a residential district. k. The floor plan of a Bed and Breakfast Inn r cannot be al- tered or changed without ap- proval by the Zoning Board of Adjustment. 1. Cooking is not permitted in bedrooms. -10- r m. No vending machines are al- lowed. n. Souvenirs, clothing or mis- cellaneous items can be sold only to registered guests. o. Owner must secure an annual Operators License and obtain a Certificate of Occupancy before operating a Bed and Breakfast Inn. p. If the Bed and Breakfast Inn is also in an H/C overlay sub- district, the ordinance with the strictest, guidelines is the one which will be en- forced. q. Guests must register on arriv- al. A guest must provide name, permanent home address and telephone number, vehicle license number and date of oc- cupancy. Registration books must be maintained for five years and are subject to re- view by city officials at any time. r. Violation of this Ordinance or any other city ordinance may result in revocation of li- cense. s. A Special Exception can only be granted for a maximum pe- riod of five years and is not transferable to a subsequent owner or to another property. 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 in -11- such Code, in which event conflicting provisions of such ordi- nances 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 void, ineffective or unconstitutional by the valid judgment or decree of any Court of competent jurisdiction, such voidness, ineffective- ness, or 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 void, ineffective or 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 ordinance shall be fined not more than Two Thousand and no/100 Dollars ($2,000.00) for each offense. Each day that violation is permitted to exist shall constitute a separate offense. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for -12 - ~,~ .~ general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 9. 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. 3011 or any other ordinances affecting zoning 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 in 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 10. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV, of the Charter of the City of Fort Worth, Texas, and by Section 52.013(a) of the Texas Local Government Code. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. -13- APPROVED AS TO FORM AND LEGALITY: City Attorney Date • /°~ ~3 `~ ~ .J ADOPTED: ~a ~ °Z ~ _ EFFECTIVE : ~-" ~ ~ ~ / -14- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE - 12/21 /93 G10474 12BED 1 of 1 SUBJECT ORDINANCE AMENDING COMPREHENSIVE ZONING CODE TO PROVIDE FOR BED AND BREAKFAST HOMES AND BED AND BREAKFAST INNS AS AUTHORIZED SPECIAL EXCEPTIONS IN CERTAIN DISTRICTS ' RECOMMENDATION. It is recommended that the City Council adopt the attached ordinance amending the Comprehensive Zoning Ordinance, as amended, to provide for Bed and Breakfast Homes and Bed and Breakfast Inns as Special Exceptions in certain districts DISCUSSION On September 14, 1993, the Zoning Commission recommended to the City Council that it enact an ordinance providing for Bed and Breakfast Homes and Bed and Breakfast Inns in certain districts After receiving citizen comments, the City Council appointed a committee to consider amendments to the proposed ordinance The committee has completed its considerations and hereby presents an amended ordinance which provides for Bed and Breakfast Homes as a Special Exception in districts zoned "B", "CR", "C"~,"D", "D-HR2","ER","E","F- R","F","G","H","I","J",and "K" Also, the ordinance provides for Bed and Breakfast Inns as a Special Exception in districts zoned "D","D-HR1 ","D-HR2","ER", "E","F-R","F","G","H","I","J", and "K" Certain restrictions are placed on Bed and Breakfast Homes and Bed and Breakfast Inns which must be met in order to be approved as a Special Exception FISCAL INFORMATION/CERTIFICATION. The Director of Fiscal Services certifies the approval and implementation of this M & C will not require the City to spend any funds CBI Submitted for City Manager's F[1ND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (~°) D APPROVE Charles R. Boswell 8500 ~~~~ ~~~~~`L Originating Department Head: I)EC ~1 1993 Wade Adkins 7623 (from) ~ ~ ~ For Additional Information ~' " ~ Contact: City ~a~hr7 ~ ' ~ t94 F®Yt V70R81, Cit Wade Adkins 7623 y ~~,tV ~Cyu VI\t IIIl.Y 1144 • ~, ~=~~ Printed on recycled paper