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The Floodplain Administrator, or their designee, shall deny any application for a building permit located in a CFRA unless it complies with the provisions of this Division 7 or the Stormwater Criteria Manual, as applicable, unless a variance is approved by the city or the development is determined by the Floodplain Administrator to be a minor project. The process for the review, approval and denial of the CFRA Certificate of Compliance and the Stormwater Drainage Study shall be in accordance with this division and the Stormwater Criteria Manual.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
(a) Violations. A person commits an offense by commencing Development within a CFRA without a CFRA Certificate of Compliance or a Stormwater Drainage Study that is approved by the city.
(b) Penalties. A person who commits a violation of any provision of this division shall return the property to its previous condition, or comply with this division.
(c) Enforcement. The Floodplain Administrator, or their designee, or any code compliance officer, shall have the authority to enforce the provisions of this division.
(e) A violation of any provision of this division shall be enforceable in accordance with § 7-351 of the City Code and state law.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
Editor’s note:
Ord. 19998-12-2011, § 1, adopted December 6, 2011, amended the title of Art. IX to read as herein set out. Prior to inclusion of said ordinance, Art. IX was titled, “Registration and Inspection of Multifamily Dwelling Complexes.” See also the Code Comparative Table.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings.
ACCESSORY BUILDING OR STRUCTURE. A structure or building, the use of which is incidental to that of the main building(s), and which is attached thereto or located on the same premises.
BOARDING HOUSE. See LODGING HOUSE.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the building code, or the building official’s duly authorized representative.
CHIEF OF POLICE. The chief of the police department or the chief’s duly authorized representative.
CONDOMINIUM. A complex of individually owned residential units with undivided co-ownership of common elements, established by a declaration under the Condominium Act of the State of Texas, Tex. Property Code Chapter 81 of the, and governed under a set of bylaws as a Texas non-profit corporation composed of all unit owners with a board of directors elected by the association membership.
CONGREGATE RESIDENCE. Any building or portion thereof which contains facilities for living, sleeping and sanitation, and may include facilities for cooking and eating, for occupancy by other than a family. A CONGREGATE RESIDENCE may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CRIME FREE LEASE ADDENDUM. A form to be made a part of a lease agreement between a landlord and a resident in which the resident agrees and acknowledges the resident’s legal obligation to refrain from committing or permitting the commission of certain enumerated criminal acts or categories of criminal acts on the leased premises.
DIRECTOR. The director of the code compliance department and the director’s authorized representatives.
EXISTING BUILDING. A building constructed in compliance with all codes at the time of construction, or one for which a legal building permit has been issued prior to the effective date of this ordinance.
FAMILY. The same meaning as that term is defined in the comprehensive zoning ordinance.
LANDLORD. The traditional meaning of owner or lessor, and additionally includes management company, or managing agent, including on-site manager, of a multifamily dwelling complex.
LEASE. A contract or rental agreement granting use or occupation of property at a multifamily dwelling complex during a specified period, subject to various terms and conditions, in exchange for a specified rent.
LOCAL GOVERNMENT HOUSING AUTHORITY. An entity authorized by Tex. Local Government Code Chapter 392.
LODGING HOUSE. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
MULTIFAMILY DWELLING COMPLEX.
(1) MULTIFAMILY DWELLING COMPLEX means:
a. Three or more dwelling units that are under common ownership or that are managed by the same person, and that are on the same lot or tract or on adjoining lots or tracts; and/or
b. A lodging house or boarding house.
(2) The term also includes any accessory structures and facilities incidental to the use thereof, including, but not limited to, yards, courts, parking areas, storage buildings, offices, maintenance buildings, equipment buildings, mail rooms, laundry facilities, swimming pools, spas, ponds, wells, cabanas, play rooms and play yards, recreational and picnic facilities, public assembly rooms, garages, carports, fences, walls and all other similar buildings, structures and facilities on the premises.
(3) The term shall not include hotels, motels or congregate residences. The term shall not include dwelling units, which are owner occupied.
OWNER. Any person holding title to a multifamily dwelling complex, according to the deed records in the county clerk’s office of the county in which the complex is situated.
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
UNIT. A dwelling unit as defined by the minimum building standards code.
ZONING ORDINANCE. The comprehensive zoning ordinance of the City of Fort Worth as adopted and amended from time to time.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, § 1, passed 1-15-2002; Ord. 17827, § 1, passed 10-9-2007; Ord. 19998-12-2011, § 2, passed 12-6-2011; Ord. 21105-01-2014, § 1, passed 2-28-2014; eff. 2-4-2014)
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