Loading...
HomeMy WebLinkAboutOrdinance 10095r ... ,, ~~ '~ ORDINANCE ~~~~ AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH (1.986), AS AMENDED BY AMENDING THE USE REGULATION PROVISIONS OF: SECTION 8, "E-R" RESTRICTED COMMERCIAL DISTRICT, BY DELETING CERTAIN USES AND ADDING CERTAIN USES, SECTION 9, "E" COMMERCIAL DISTRICT, BY DELETING CERTAIN USES AND ADDING CERTAIN USES, SECTION 9A, "F-R" RESTRICTED COMMER- CIAL DISTRICT, BY ADDING CERTAIN USES, SECTION 10, "F" COMMERCIAL DISTRICT, BY ADDING CERTAIN USES; SECTION 13, "I" LIGHT INDUSTRIAL DISTRICT BY ADDING CERTAIN USES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERA- BILITY CLAUSE, PROVIDING FOR A PENALTY, PROVIDING FOR ENGROSSMENT AND ENROLLMENT, PROVIDING FOR PUBLICATION IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 3011, as amended, be amended by revising Section 8, "E-R" Restricted Commercial District, Subsection A, "Use Regulations", by delet- ing blood banks and adding Day Care Nurseries and or schools, such subsection to read as follows: "A. Use Regulations In the "E-R" Restricted Commercial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses. 1. Any uses permitted in the "D-HR2" Multi-Family High-Rise District except that residential uses are allowed only as part of a mixed use structure. 2. Auto parking areas, when in full and complete compliance with the following conditions. a) Limited to passenger automobiles only, b) The restrictions for Auxiliary Parking (Sec. 19-A-12) shall apply; 'r c) A curb or bumper shall be placed along the perimeter of the parking area at locations which will prevent vehicles from extending into the required front yard, into an abutting alley, beyond the property line, or from damaging the walls or shrubs screening it from residential property, d) The required front yard shall not be graveled or hard- surfaced but shall be maintained as open or landscaped green space; and e) A sidewalk shall be constructed to city specifications abutting the front line of the parking lot and between the lot and the property line of the nearest intersect- ing commercial street. 3. Barber and beauty shops. 4. Book or stationery stores, or newsstands. 4A. Care Facilities. 5. Cleaning, pressing and laundry collection offices. 6. Custom dressmaking or millinery shops. 7. Day Care Nurseries or schools.. 8. Drug store and the following health service facilities: clinics, office of dentists, doctors and other practitioners of the healing arts licensed or similarly recognized under the laws of the State of Texas; offices for specialists in supportive therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories, ambulance dispatch stations; prescription pharmacies, and offices, stores and display rooms for the sale and rental of medical supplies and equipment. 9. Grocery stores and meat markets. 10. Hospitals and clinics. 11. Offices. 12. Photograph, portrait or camera shops and photo finishing. 13. Attached on-premise signs, provided a) such signs shall be fastened flat against the wall, b) no sign shall be illuminated between the hours of ten (10 00) p.m. and six (6.00) a.m., -2- L c) the sign shall cover no more than fifteen percent (15%) of the area of the wall or facade, including doors and windows, on which the sign is placed, nor shall it extend above the roof line or parapet wall of the building; d) roof signs are prohibited. 14. Studios for artists. 15. Accessory buildings and uses customarily incident to any of the above uses including air conditioners, ice and refrigerat- ing plants purely incidental to the main activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building. 16. The above specified stores, shops or business shall be retail establishments exclusively, selling merchandise, excluding the sale of alcoholic liquors, beer, brandy, spirits, whiskey or wine, and conducted wholly within an enclosed building. Each store, shop or business shall not exceed twenty-five hundred (2,500) square feet of floor area. No drive-in or curb services shall be permitted. 17. Special exception uses when authorized by the Board of Adjust- ment under provisions of Section 20." SECTION Z. That Ordinance No. 3011, as amended, be further amended by revising Section 9, "E" Commercial District, Subsection A, "Use Regulation" by deleting, self-service car wash, automobile sales and rentals, full-service service stations, and ice houses, and adding, apartment hotels, commercial parking areas, certain firewood sales, fur storage and sales, retail furniture sales, interior decorating, opticians, retail sales with gasoline sales, certain sandwich shops, and used clothing, such subsection to read as follows• "A. Use Regulations In the "E" Commercial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses: -3- 1. Any uses permitted on the "E-R" Restricted Commercial District. 2. Apartment hotels. 3. Attached and detached on-premise signs. 4. Off-premise signs, subject to "S" Overlay Zoning classifica- tion. 5. Antique shops. 6. Auditoriums, theaters, moving picture shows, having a seating capacity for not more than one thousand five hundred (1,500) people. 7. Bakeries, provided that the floor area does not exceed three thousand (3,000} square feet. 8. Banks. 9. Baths, turkish and similar massage and health treatments. 10. Bicycles and bicycle repair shops. 11. Bird stores, pet shops, taxidermist shops or aquarium. 12. Blueprinting or photostating. 13. Business colleges, or private schools operated as commercial enterprise. 14. Caterer or wedding service. 15. Christmas tree sales. 16. Cigar or tobacco sales. 17. Cleaning, dyeing and pressing works, laundry and washaterias, provided that the floor area does not exceed three thousand (3,000) square feet for separate on combined uses. 18. Commercial parking areas. 19. Confectionary stores. 20. Dancing schools. 21. Delicatessen shops. 22. Department stores.. -4- 23. Dog and cat hospitals, or small animal hospitals, if conducted wholly within a completely enclosed soundproofed and air-conditioned building, provided, that noise or odors created by activities within the building shall not be per- ceptible beyond the property line, and that no animals are kept outside the building at any time. 24. Drive-in business, where car service is given, including refreshment stands, cafes, restaurants, food stores, and similar activities, but not including drive-in businesses selling alcoholic beverages for consumption on the premises. 25. Drug stores. 26. Dry goods and notions stores. 27. Duplicating service, by mimeographing, multigraphing and offset printing, provided that the floor area does not exceed two thousand (2,000) square feet.. 28. Electrical and gas appliances and supply sales, electrical and gas repair and installation services when limited to small shops, the principal business of which is a neighbor- hood service. 29. Firewood sales if conducted wholly within a building. 30. Florists or gift shops. 31. Frozen food lockers for individual or family use, not includ- ing the processing of food except cutting or wrapping. 32. Fur storage and sales. 33. Garages, storage only. 34. Hardware, paint and wallpaper stores. 35. Household and office furniture, furnishings and appliances. 36. Interior decorating. 37. Jewelry stores, optical goods. 38. Liquor or package stores.. 39. Golf course including miniature course, driving tee, driving range, and "Pitch 'n' Putt" course. 40. Mortuaries, funeral homes and undertakers. -5- r 41. Museum, library, fine art center, and similar cultural facilities. 42. Nursery yards or buildings for retail sales, provided that all incidental equipment and supplies including fertilizer and empty containers are kept within a building. 43. Offices. 44. Opticians. Pawnshops, subject to the restrictions contained in Section 18. 46. Piano stores, musical instruments and supplies. 47. Plumbing and heating appliances and supply sales, and plumbing and heating repairs and installation services, when limited to small shops, the principal business of which is a neighborhood service. 48. Radio and television sales and servicing. 49. Recreational vehicle parks provided that they are constructed and developed in conformance with Ordinance No. 6372. 50. Restaurants, cafes, cafeterias. including restaurants and cafes legally authorized (by duly issued permits from the City and State) to sell alcoholic beverages for consumption on the premises. The terms restaurants, cafes, used herein, refers to places which are regularly open in a bonafide manner, which are used and kept open for the service of food to customers for compensation, which have suitable seating for guests, which have suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an ancillary use, provide patrons with space for dancing or permit patrons to dance. 51. Retail furniture sales. 52. Retail sales with gasoline sales. 53. Sandwich shops. 54. Shoe-shine parlors. 55. Commercial swimming pools subject to the following conditions: -6- a) Such swimming pool shall not exceed five thousand (5,000) square feet in area measured at the scum gutter.. b) No pool shall be closer than one hundred (100) feet from a Dwelling District. c) The area of all accessory buildings shall not exceed fifty (50) percent of the pool area, with a minimum of six hundred (600) square feet allowable. d) Off-street parking spaces shall be provided in the mini- mum ratio of one (1) off-street parking space to each two hundred (200) square feet of pool area or fraction thereof, and the parking arrangements shall have the approval of the City Traffic Engineer. 56. Tailor, clothing or wearing apparel shops. 57. Used clothing. 58. Variety stores. 59. Accessory buildings and uses customarily incident to any of the above uses, including air conditioning, ice and refrigera- ting plants purely incidental to amain activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or material in the open or on the outside of the building. 60. Special exception uses when authorized by the Board. of Adjust- ment under the provisions of Section 20." SECTION 3. That Ordinance No. 3011, as amended, be further amended by revising Section 9A, "F-R" Restricted Commercial District, Subsection A, "Use Regula- tions", by adding blood banks, self-service car wash, full-service service stations, retail auto parts supply, boat sales, burglar alarm sales and service, gunsmithing repairs and sales, locksmith, and saddle and harness repair and sales; such subsection to read as follows: -7- "A. Use Regulations In the "F-R" Restricted Commercial District, no building or land shall be used and no building shall be hereafter erected, recon- structed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses: 1. Any uses permitted in the "E" Commercial District, except that the sale of alcoholic beverages is excluded. 2. Auditoriums, theaters, moving picture houses. 3. Automobile, motorcycle and trailer sales, or sales or rental areas . 4. Blood banks. 5. Boat sales. 6. Bowling alleys, if conducted wholly within a completely enclosed building provided such building shall be so constructed and operated that noise or vibration created by activities within the building shall not be perceptible beyond the property line. 7. Burglar alarm sales and service. 8. Bus stations. 9. Commercial and business clubs. 10. Express offices. 11. Feed stores, no processing, milling. 12. Garages, public for repairs of automobiles, and paint and body shops for automobiles, subject to the following. a) All repairs and paint and body work must be conducted within a building. b) All inoperable automobiles upon which repairs or paint and body work is to be conducted shall be enclosed behind a six (6) foot screening fence. c) No painting or body or fender repair shall be conducted on any premises that adjoin the side or rear of any residential zoning district. d) No automobile repair facility shall be permitted to have bay doors facing an "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" or "R-2" Residential District. -8- 13. Gunsmithing, repairs and sales. 14. Heating supplies and appliances. 15. Hotels and motels subject to the restrictions contained in Section 18. 16. Leather and leather goods shops. 17. Locksmith. 18. Medical care facilities; nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. 19. Mini-Warehouses. 20. Newspaper distribution centers subject to the following• a) Maximum size of 20,000 square feet, b) Must be screened from abutting residential properties within a minimum 6-foot high screening fence. 21. Printing, small job printing shops, provided that the floor area shall not exceed two thousand (2,000} square feet. 22. Retail auto parts supply. 23. Saddle andlor harness repair and sales. 24. Self-service and Full-service car wash facilities subject to the following. a) All washing facilities shall be completely within an enclosed building. b) Vacuuming facilities may be outside the building but shall not be in the front yard and shall not be closer than twenty-five (25) feet from any residential district. c) The building surfaces shall be faced with masonry, porcelainized steel, baked enamel steel or other material equal in durability and appearance. d) The building shall not be less than one hundred (100) feet from any residential district. -9- e) The building shall set back not less than twenty-five (25) feet from the front property line. f) Off-street parking shall be provided on the property in the ratio of not less than three (3) parking spaces for each washing stall, or five (5) parking spaces for each automobile which may be accommodated on the washing line within the full-service building. g) All off-street parking areas shall be hard-surfaced and dust-free. h) Any lights used to illuminate the area shall be directed away from adjacent residential properties. i) A permanent screening fence or wall not less than six (6) feet in height shall be constructed along any site property line which abuts property zoned for residential use. 25. Service Stations, Full-Service for minor repairs of automo- biles, and lubrication, oil changes and other maintenance services, subject to the following. a) All repairs must be conducted within an enclosed building; b) All inoperable automobiles upon which repairs are to be conducted shall be enclosed behind a six (6) foot screen- ing fence; c} No repairs shall be conducted on any premises that adjoin the side or rear of any residential zoned district; d ) No automob i 1 e repai r or service faci 1 ity shal l be permitted to have bay doors facing an "A" One-Family, "A-R" Residential, "B" Two-Family, "R-1" or "R-2" Residential District. 26. Softball Parks, including stadium and concession stands. 27. Taxicab stands. 28. Accessory buildings and uses customarily incident to the above. No accessory use shall be construed to permit the keep- ing of articles or material in the open or outside the build- ing. 29. Special exception uses when authorized by the Board of Adjust- ment under the provisions of Section 20." -10- SECTION 4. That Ordinance 3011, as amended, be further amended by revising Section 10, "F" Commercial District, Subsection A, "Use Regulations" by adding amusement arcades, furniture upholstery, resale and/or refinishing, used furniture sales with restrictions, health or recreation clubs, recording studios, teenage clubs or amusement centers, such subsection to read as follows• "A Use Regulations In the "F" Commercial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses. 1. Any uses permitted in the "E" Commercial or "F-R" Restricted Commercial Districts. 2. Amusement enterprises, including arcades, bars, beer gardens, cocktail lounges, drive-ins, lounges, night clubs, taverns, billiards or pool halls, bowling alleys, dance halls, shoot- ing galleries, skating rinks and similar commercial recrea- tion activities if conducted wholly within a completely enclosed building. 3. Drive-in business, including refreshment stands, cafes, restaurants, food stores, and similar activities for the sale of alcoholic beverages on the premises. 4. Furniture upholstery, resale, and refinishing.. 5. Health or recreation clubs. 6. Recording studios. 7. Sexually Oriented Businesses (as defined in Section 18A). 8. Teenage clubs and amusement centers. 9. Used furniture sales conducted entirely within a building. 10. Special exception uses when authorized by the Board of Adjustment under the provisions of Section 20." -11- 11. Accessory buildings and uses customarily incident to the above. No accessory use shall be construed to permit the keeping of articles or material in the open or outside the building. SECTION 5. That Ordinance 3011, as amended be further amended by revising Section 13, "I" Light Industrial District, Subsection A, "Use Regulations", by adding firewood sales with a certain restriction, and truck stop with fuel and accessory services, and used furniture sales with a certain restriction; such subsection to read as follows "A. Use Regulations 1. Any uses permitted in the "H" Business District except apartments. 2. One dwelling unit when apart of a business. 3. Amusement or baseball parks. 4. Assaying (other than gold or silver}. 5. Automobile, Truck and heavy equipment laundry and steam cleaning. 6. Automated Collection Vending Machines for recycling cans, bottles, etc. 7. Bakeries - wholesale. 8. Blacksmithing, horse-shoeing or wagon shops. 9. Body and fender work for automobiles and house trailers. 10. Bottling works, soft drinks. 11. Building material storage yards. i2. Candy, canning or preserving factories. 13. Carnivals. 14. Carpet and rug cleaning. 15. Cereal mills. -12- 16. Chicken batteries or brooders. 17. Cleaning, dying, pressing works, laundry and washateria. 18. Coffee roasting. 19. Coal, coke or wood yards. 20. Cold Storage plants. 21. Contractor's or storage yards. 22. Cooperage works. 23. Dog and cat hospitals, and kennels, when not less than one hundred (100) feet from an "A" One-Family, "B" Two-Family, "C-R", "C" or "D" Multi-Family District. 24. Electroplating.. 25. Firewood sales when displayed and conducted entirely outdoors.. 26. Furniture repair. 27. Galvanizing, small utensils, etc. 28. Ice plants or storage houses. 29. Lumber yards. 30. Machine shops, provided power not to exceed fifty (50) horse- power is employed in the operation of any one machine. 31, Manufacture of: Products from aluminum, brass, bronze, copper, steel, tin or other metals and from bone, leather, paper, rubber, shell, wire, or wood, of any kind other than those enumerated under Districts "J" Light Industrial or"K" Heavy Industrial, provided power not to exceed fifty (50) horsepower is employed in the operation of any one machine. 32. Manufacture of- Artificial flowers, ornaments, awnings, tents, and bags, blacking, cleaning or polishing preparations, boats (small) twenty-eight (28) feet or less in length, brooms or brushes, buttons and novelties, canvas products, clothing, suits, coats, or dresses for wholesale trade, food products, syrups, fruit juices, extracts, drugs or medicine, except products -13- classified under Districts "J" Light Industrial or "K" Heavy Industrial, furniture, gas or electric fixtures, ice cream, mattresses or their renovation, peanut and pecan products, potato chips, radio and television sets, signs, including electric, provided power not in excess of fifty (50) horse- power is employed in the operation of any one machine.. 33. Meat processing (no slaughtering). 34. Milk bottling or central distribution stations. 35. Monument or marble works, finishing and carving only. 36. Motor vehicle junk yard or storage yard, or used automobile junk area, as a special exception upon approval of the Board of Adjustment after a report from the police, health, public works, and fire departments, subject to the following limitations: a) Said area shall not adjoin the side or rear of any residential zoning district. b) Said area must be completely enclosed by a six (6) foot screening fence. c) First approval - a period not to exceed five years. d) First extension - a period not to exceed three years. e) Each subsequent extension - a period not to exceed two years. Extensions of time shall each be subject to the same applica- tion, report and hearing procedures as the original approval.. 37. Paper box manufacture. 38. Pattern shops. 39. Printing, lithographing, bookbinding, newspapers and publishing. 40. Sheet metal shops using sheet metal of sixteen (16} gauge, or thinner. 41. Spray painting or paint mixing. 42. Stables, public or riding, when not less than one hundred (100) feet from an "A" One-Family, "B" Two-Family, "C-R", "C" or "D" Multi-Family District. -14- 43. Stone monument works. 44. Storage in bulk of, or warehouse for, commodities and materials enumerated in districts "E-R" Restricted Commercial through "I" Light Industrial, provided that they comply with fire ordinance number 2470. 45. Terminals -freight, rail or water. 46. Terminal, motor freight - on approval of the Building Commissioner after a recommendation by the City Traffic Engineer and provided that such motor freight terminals shall meet the following requirements: a) A traffic flow plan approved by the City Traffic Engi- neer, based on an accurate plot plan drawn to scale. The applicant shall prepare and submit the plot plan to the City Traffic Engineer. b) Loading, parking and maneuvering space shall be entirely on private property. c) The operation of any such motor freight terminal shall be not less than two hundred (200) feet from an "A" One- Family, "B" Two-Family, "C-R", "C" or "D" Multi-Family District. 47. Tracks - team, spur, loading or storage; and freight yards. 48. Truck stop with fuel and accessory services. 49. Used or new furniture, with outside storage or display. 50. Veterinary hospitals. 51. Welding shops, custom work, not including structural welding. 52. Wholesale produce market or wholesale houses. 53. Electric Power Substation. 54. Off-premise signs, subject to "S" overlay zoning classifica- tion. 55. Any similar uses not included in District "J" Light Indus- trial and "K" Heavy Industrial which are not noxious or offen- sive because of odors, smoke, dust, noise, fumes or vibra- tions. 56. Accessory buildings and uses customarily incidental to the above." -15- ,~ ~ ~ A SECTION 6. 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, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 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 One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is hereby author- ized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall -16- - ~ • be admissible in evidence in all courts without further proof than the produc- tion thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 10. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 3, 4, 5, 8, 11 and 12 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 11. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 3, 4, 5, 8, 11 and 12 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 12. 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. APPROVED AS TO FORM AND LEGALITY: G~+~-~I1 ---- p i ty A torne ~'~t~~~/~.. Date : ~ i ~' ADOPTED. ~~~ ~~ EFFECTIVE• Ord? -17.- :~ ~ r;