The URL can be used to link to this page

Home My WebLink AboutOrdinance 9958ORDINANCE NO. ~~~~ AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH ( 1986) , .AS AMENDED, BY PROVIDING FOR THE LOCATION AND REGULATION OF MOTOR VEHICLE JUNK YARDS, MOTOR VEHICLE STORAGE YARDS, AND AUTOMOBILE REPAIR GARAGES IN THE CITY OF FORT WORTH; PROVIDING FOR BOARD OF ADJUSTMENT APPROVAL; PROVIDING FOR DEFINITIONS; PROVIDING THAT EXISTING BUSINESSES MUST COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE WITHIN THREE YEARS; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA- TION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE (:ITY OF FORT WORTH, TEXAS . SECTION 1 . That Section 1 Ordinance, is hereby "Definitions", of the amended by revising Comprehensive Zoning and adding certain definitions to read as follows: MOTOR VEHICLE JUNK YARD OR STORAGE YARD: Any business and any place of storage or deposit which displays, or in or upon which there are displayed, to view from a public right-of-way two or more registered or unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles, or old iron, metal, glass, paper, cordage, or other waste, or discarded or secondhand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in k~ulk to two or more motor vehicles, but excluding vehicles in operable condition specially adapted or constructed for racing or operation on privately owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transportation, and vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States. SCREENING FENCE: A solid fence or wall at least six (6) feet in height and so constructed that no ;person can see through inside the area surrounded by the fence. SECT ION 2 . That Section 9, "E" Commercial District, of the Comprehensive Zoning Ordinance, is hereby amended by revising Item 24 of Subsection A, "Use Regulations", to read as follows: 24. Filling stations, including gasoline sales, .oil changes, washing and greasing of automobiles and minor equipment replacement not involving major motor repairs. SECT ION 3 . That Section 9A, "F-R" Restricted Commercial District, of the Comprehensive Zoning Ordinance, is hereby amended .by revising Item 9 of Subsection A, "Use Regulations", to read as follows: 9. Garages for repair 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 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. SECT ION 4 . That Section 13, "I" Light Industrial District, of the Compre- hensive Zoning Ordinance, is hereby amended by revising Item 31.1 of Subsection A, "Use Regulations", to read as follows: 31.1 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: -2- a. Said area shall not adjoin the side or rear of any residential zoning district. b. Said area must be completely enclosed by a 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 application, report and hearing procedures as the original approval. SECT ION 5. That Section 14, "J" Light Industrial Distract, of the Compre- hensive Zoning Ordinance, is hereby amended by revising Item 13-B of Subsection A, "Use Regulations", to read as follows: 13-B. 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 screening fence. years. c. First approval - a period not to exceed five 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 application, report and hearing procedures as the original approval. -3- SECT ION 6. That Section 15, "K" Heavy Industrial District, of the Compre- hensive Zoning Ordinance, is hereby amended by revising Item 36(32) to read as follows: (32) 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 screening fence. years. years. c. First approval - a period not to exceed ten d. Each extension - a period not to exceed ten SECTION 7 . Any business lawfully existing on the effective date of this ordinance which does not comply with the provisions of this ordi- nance shall be deemed a nonconforming use. Such nonconforming use may continue to operate as a nonconforming use for a period of three (3) years from the effective date of this ordinance unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. SECTION 8 . This ordinance shall be cumulative of all provisions of ordi= nances and of the Code of the City of Fort Worth, Texas (1964), as -4- 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 9. 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 unconstitu- tional 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 10. 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) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of` the provisions of the Comprehensive Zoning Ordinance or any other ordinances affecting -5- motor vehicle junk yards or storage yards or automobile repair garages which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending liti- gation, 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 12. The City Secretary of the City of Fort Wortlz, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the -City of Fort Worth, Texas. SECTION 13. 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, 6, 7, 10, 14 and 15 in the minutes of the. City Council and by filing the ordinance in the ordinance records of the City. SECT ION 14 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 3, 4, 5, 6, 7, 10, 14 and 15 of this ordinance for two (2) days in the official -6- newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 15. 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: City Attorne/y Date : ~ ~ ~ 7 ` ~ ADOPTED: ~~1~~~ EFFECTIVE:_(~~_Cy~ l..J~ Ord5 -7-