HomeMy WebLinkAboutOrdinance 10887E NO. ~~
•R) I NANC
AN ORDINANCE DIRECTING THE ZONING COMMISSION AND ANY
DULY APPOINTED SUBCOMMITTEES THEREOF TO CONDUCT PUBLIC
HEARINGS AND TO REPORT TO THE CITY COUNCIL AS EXPEDI-
TIOUSLY AS POSSIBLE ITS RECOMMENDATIONS RELATING TO THE
PROPOSED AMENDMENT OF THE COMPREHENSIVE ZONING
ORDINANCE (APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH), REGARDING CONDITIONS TO BE REQUIRED BEFORE A
SPECIAL EXCEPTION MAY BE GRANTED BY THE BOARD OF ADJUST-
MENT FOR THE OPERATION OF A SAND AND GRAVEL PIT OR
OTHER OPERATION GOVERNED BY SECTION 20C(2) OF THE
ZONING ORDINANCE; PROHIBITING THE GRANTING OF ANY
SPECIAL EXCEPTIONS, BUILDING PERMITS OR CERTIFICATES OF
OCCUPANCY FOR NEW SAND AND GRAVEL PITS OR SIMILAR OPERA-
TIONS GOVERNED BY SECTION 20C(2) OF THE ZONING
ORDINANCE PENDING CONSIDERATION BY THE ZONING
COMMISSION AND CITY COUNCIL OF RESTRICTIONS GOVERNING
SAID OPERATIONS; PROVIDING FOR A METHOD OF REPEAL OF
THIS ORDINANCE; PROVIDING FOR CULMINATION AND SUSPEN-
SION OF OTHER ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth is a home rule municipal
corporation organized and existing by virtue of the Constitution
and laws of the State of Texas and by its Charter adopted by the
electorate in December 1924; and
WHEREAS, under Chapter 211 of the Local Government Code,
municipalities are given the power to regulate the use of land
"...to secure safety from fire, panic, and other dangers..." and
"...promote health and the general welfare..."; and
WHEREAS, Section 211.008 of the Local Government Code autho-
rizes the governing body of a municipality to appoint a Board of
Adjustment and authorize said Board of Adjustment in appropriate
cases and subject to appropriate conditions and safeguards to
make special exceptions to the terms of the zoning ordinance that
are consistent with the general purpose and intent of the ordi- -
Hance and in accordance with applicable rules contained in the
ordinance, and Section 211.009 of the Local Government Code pro-
vides that the Board of Adjustment may hear and decide special
exceptions to the terms of a zoning ordinance when the ordinance
requires the board to do so; and
WHEREAS, the City Council of the City of Fort Worth has
adopted a Comprehensive Zoning Ordinance (Appendix "A" of the
Code of the City of Fort Worth), which Zoning Ordinance provides
for the appointment of a Board of Adjustment and authorization of
said Board of Adjustment to grant specifically authorized special
exceptions and impose conditions in connection therewith; and
WHEREAS, provisions of the City's Comprehensive Zoning
Ordinance regarding special exceptions for sand and gravel pits
or excavations and similar operations are currently being
reviewed for the purpose of establishing conditions to improve
the quality of land use control in the City of Fort Worth; and
WHEREAS, the City Council desires that the Fort Worth Zoning
Commission and any duly appointed subcommittees thereof conduct
public hearings and report to the City Council as expeditiously
as passible its recommendations relating to proposed amendments
to provisions of the Comprehensive Zoning Ordinance regulating
sand and gravel pits or excavations and similar operations,
including Section 20C(2) concerning special exceptions; and
WHEREAS, the current regulations governing sand and gravel
pits or excavations and similar operations are inadequate to
insure that the land subject to said operations is properly
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restored and that the operators gi v e f i n a n c i a l a s s u r a n c e t o
insure that restoration of the site will be carried out; and
WHEREAS, inadequate regulations governing the operation of
sand and gravel pits and similar operations within the City of
Fort Worth could adversely affect the health, safety and welfare
of the citizens of Fort Worth; and
WHEREAS, pursuant to the valid exercise of police powers
granted to home rule cities under the Constitution and laws of
the State of Texas, the City Council deems it imperative to adopt
an ordinance prohibiting the establishment of any new sand and
gravel pits or similar operations governed by Section 20C(2) of
the Zoning Ordinance and prohibiting the issuance of certificates
of occupancy or building permits in connection therewith within
the City of Fort Worth pending the expeditious consideration by
the Zoning Commission and the City Council of amendments to the
Comprehensive Zoning Ordinance to restrict such operations within
the City of Fort Worth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the Zoning Commission of the City of Fort Worth and any
duly authorized subcommittees thereof are hereby directed to con-
duct public hearings and to report to the City Council as expedi-
tiously as possible its recommendations relating to proposed
amendments to the Comprehensive Zoning Ordinance (Appendix "A" of
the Code of the City of Fort Worth) restricting the operation of
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sand and gravel pits and similar operations in the City of Fort
Worth governed by Section 20C(2) of the Zoning Ordinance.
SECTION 2.
That, pursuant to the valid exercise of the police powers
granted to home rule cities by the Constitution and statutes of
the State of Texas, the granting of special exceptions for new
sand and gravel pits and similar operations governed by
Section 20C(2) of the Zoning Ordinance as well as the issuance of
certificates of occupancy or building permits in connection there-
with shall be prohibited pending the expeditious consideration by
the Zoning Commission and the City Council of amendments to the
Comprehensive Zoning Ordinance to better regulate such operations
within the City of Fort Worth. The purpose of this prohibition
is to maintain the status quo within the City until such time as
the question of better regulating such operations can be con-
sidered by the Zoning Commission and the City Council. This
moratorium shall not apply to any legally operating and existing
sand and gravel pit or similar operation which has been granted a
special exception under Section 20C(2) of the Zoning Ordinance.
This ordinance shall not prohibit the extension or renewal of any
such existing special exception.
SECTION 3.
That all declarations and findings contained in the preamble
of this ordinance are made a part hereof and shall be fully effec-
tive as part of the ordained subject matter of this ordinance.
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SECTION 4.
That this ordinance shall be in full force and effect until ,
such time as the City Council adopts an ordinance repealing the
same or until 120 days from the effective date of this ordinance,
whichever occurs first.
SECTION 5.
That this ordinance shall be cumulative of the provisions of
all ordinances and of the Code of the City of Fort Worth, Texas,
except where provisions of this ordinance are in direct conflict
with such ordinances and such Code, in which event the con-
flicting provisions of such ordinances and such -Code are hereby
suspended for the period during which this ordinance is in
effect.
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, para-
graphs 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, sen-
tence, paragraph or section.
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SECTION 7.
That this ordinance shall be in full force and effect from
and after its passage, and it is so ordained.
APPROVED AS TO FORM LEGALITY:
C~
City Attorney
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Date: ~ 3
ADOPTED • ~'` ~ ~ ~/
EFFECTIVE: /~ ~''~~
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