HomeMy WebLinkAboutOrdinance 23110-02-2018 ORDINANCE NO. 23110-02-2018
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO.21653,AS AMENDED,CODIFIED AS APPENDIX"A" OF THE CODE
OF THE CITY OF FORT WORTH (2015), TO AMEND ARTICLES 6, 8
AND 12 RESPECTIVELY OF CHAPTER 41"DISTRICT REGULATIONS,"
SPECIFICALLY SECTION 4.603, "RESIDENTIAL DISTRICT USE
TABLE," SECTION 4.803, "NONRESIDENTIAL DISTRICT USE TABLE"
AND SECTION 4.1203, "FORM-BASED DISTRICT USE TABLE" TO
PROVIDE FOR ZONING DISTRICTS WHERE "EVENT CENTER OR
RENTAL HALL," "INDOOR AMUSEMENT" AND "SHORT TERM
HOME RENTAL" ARE ALLOWED AND TO AMEND CHAPTER 9,
"DEFINITIONS" TO ADD DEFINITIONS FOR "EVENT CENTER OR
RENTAL HALL," "INDOOR AMUSEMENT" AND "SHORT TERM
RENTAL HOME"; 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, in the City of Fort Worth short term home rentals (homes rented for less
than 30 consecutive days) are not specifically defined, expressly permitted or listed in any of the
zoning use categories provided in the use tables for residential, non-residential or form-based
districts; and
WHEREAS, in making a determination if a property is being used as a short term home
rental, the definition for "transient or short term resident" is reviewed and if the duration of the
stay is less than 30 days, that use is not allowed since it is more analogous to a bed or breakfast
home which is allowed in a two-family zoning district by special exception but is prohibited in
one-family zoning districts; and
WHEREAS, it is advisable to amend the Zoning Ordinance to affirm the prohibition of
short term rental homes in one- and two family zoning districts by adding a definition for "Short
Term Home Rental," including the newly defined use in the land use tables to clarify that a short
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term home rental is not allowed in residential districts but is allowed in other districts as a
commercial use; and
WHEREAS, the zoning land use classification of Indoor Amusement is very general and
may apply to many different types of business operations in Neighborhood Commercial zoning
district, causing confusion at times of enforcement; and
WHEREAS, it is advisable to define an Event Center or Rental Hall as a private use in
order to ensure that Certificates of Occupancy clearly identify the permitted operations within a
property; and
WHEREAS, it is advisable to add a definition for"Event Center or Rental Hall"to clarify
that this type of use is separate from "indoor amusement" and to amend the use table to include
the use and where it is allowed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 9 " Definitions", Section 9.101 "Defined Terms" of Ordinance No. 21653, the
Zoning Ordinance of the City of Fort Worth, is hereby amended to revise the definitions for
"Transient or Short Term Resident"and add definitions for"Event Center or Rental Hall","Indoor
Amusement," and "Short Term Home Rental"to read as follows:
See. 9. 101 DEFINED TERMS.
EVENT CENTER OR RENTAL HALL An establishment that is leased on a temporary basis
before the event by individuals or groups who reserve the facility to accommodate private
functions, including but not limited to banquets, weddings, anniversaries, receptions, business
organizational meetings, and other similar functions, to which the general public is not admitted
and for which no admission charge is imposed. Such establishments may include kitchen facilities
for the preparation of food and areas for dancing, dining and other entertainment activities that
customarily occur in association with banquets, weddings or receptions. An event center does not
include a game room, bar, pool hall, dance hall, night club or concert hall.
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INDOOR AMUSEMENT: A privately established and operated facility that provides indoor
amusement opportunities for a fee, including, but not limited to, an arcade or pool hall, but not a
bar or similar facility that serves alcohol, or a dance hall, night club, concert hall, or event center
or rental hall or sexually oriented business that is otherwise categorized.
SHORT TERM HOME RENTAL: The rental for compensation of dwellings or accessory
dwelling units for the purpose of overnight lodging for a period of not less than one night and not
more than 30 consecutive days other than ongoing month-to-month tenancy granted to the same
renter for the same unit as their primary residence. This is not applicable to hotels,motels, and bed
and breakfasts homes or bed and breakfast inns.
SECTION 2.
Article 6, "Residential Use Table", Section 4.603 "Residential District Use Table", of
Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add
"Short Term Home Rental"to the list of uses in the category"Other"with an empty cell under all
zoning districts to indicate that the use is not allowed in the respective zoning districts.
SECTION 3.
Article 8, "Non-Residential Use Table", Section 4.803 "Non-Residential District Use
Table", of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby
amended to add "Short Term Home Rental" to the list of uses in the category "Lodging" with a
"P" in the ER through K zoning districts cells to indicate that the use is allowed; and to amend the
use "Bar, tavern, cocktail lounge; club, private or teen" to add "dance hall" to the use list in the
category "Entertainment and Eating"; and to add"Event Center or Rental Hall"to the list of uses
in the category "Entertainment and Eating" with a"P" in the E through K zoning district cells to
indicate that the use is allowed.
SECTION 4.
Section 4.1203, of Article 12, "Form Based Code District Use Table" of Chapter 4,
"District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth,
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is hereby added and Section 4.1202 is hereby amended to move the district use table to the newly
added section. The district use table in Section 4.1203 is hereby amended to add "Short Term
Home Rental"to the list of uses in the category "Lodging" with a"P"in all of the zoning districts
cells with the exception of the BU-RA, TL-TR and TL-NB zoning districts which should have
empty cells to indicate the use is not allowed; and to amend the use "Bar, tavern, cocktail lounge;
club, private or teen" to add "dance hall" in the category "Entertainment and Eating"; and to add
"Event Center or Rental Hall"to the category "Entertainment and Eating" with a"P" in all of the
zoning district cells with the exception of the BU-RA, TL-TR, and TL-NB zoning districts which
should have empty cells to indicate the use is not allowed..
SECTION 5.
Sections 4.602,4.802 and 4.1202,"Unlisted Uses", of Articles 6, "Residential District Use
Table, 8, "Nonresidential District Use Table, and 12, "Form Based Code District Use Table"
respectively are hereby amended to read as follows:
Additional uses have been interpreted as part or similar to many of the uses listed
in the table. The full list of such uses is included in Appendix C, Use Index. If a
use is not listed then the zoning administrative official shall, upon request of any
interested party, make a determination within which district, if any, a proposed use
should be allowed.
SECTION 6.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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SECTION 7.
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 8.
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 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 Ordinances No. 3011, 13896, 21653 and 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 effective date of this ordinance for two (2) days in the official
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newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 11.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 12.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
By: ti
Melinda Ramos, Mary J. Ka er,
Sr. Assistant City Attorney City Secretary
ADOPTED: February 6, 2018
EFFECTIVE: MRA 101t
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