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HomeMy WebLinkAboutOrdinance 7286 ORDINANCE NO. _L � AN ORDINANCE AMENDING SECTION 1, DEFINITIONS; SECTION 2-A, "AG" AGRICULTURAL DISTRICT; SECTION 13, "I" LIGHT INDUSTRIAL DISTRICT; SECTION 14, "J" LIGHT INDUSTRIAL DISTRICT; AND SECTION 15, "K" HEAVY INDUSTRIAL DISTRICT, OF ORDINANCE NO. 3011, SAME BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCES OR OTHER PURPOSES; THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILD- INGS AND OTHER STRUCTURES; THE SIZE OF YARDS AND OTHER OPEN SPACES; OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION; AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST BY FIXING DEFINITE USES OF THE LAND AND OF THE BUILDINGS HEREINAFTER ERECTED IN SAID DESCRIBED AREAS FROM THE USES AS SHOWN ON THE MAPS CONTAINED IN SAID ORDINANCE NO. 3011; FINDING THAT THE SAID ZONING REGULA- TIONS AND DISTRICTS HAVE BEEN MADE IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING ZONING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1, Definitions, of Ordinance No. 3011, as amended, be and the same is hereby amended by adding thereto in its proper alphabetical order the following: "Motor Vehicle Junk Yard. Any business and any place of storage or deposit which displays, or in or upon which there are dis- played, to view from a public right-of-way, two or more unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehi- cles 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 bulk to two or more motor vehicles; but excluding vehicles in operable condition specially adapted or constructed for racing or operation on pri- vately owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for trans- portation, 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." SECTION 2. That Section 2A, "AG" Agricultural District, of Ordinance No. 3011, as amended, be and the same is hereby amended by adding to USE REGULATIONS the following subparagraph: 0001- 11 (8) motor vehicle junk yard or used auto- mobile 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) First approval - a period not to exceed five years; (b) First extension - a period not to exceed three years; (c) Each subsequent extension - a period not to exceed two years. Extensions of time shall each be subject to the same application, report and hearing pro- cedures as the original approval." SECTION 3. That Section 13, "1" Light Industrial District, (A) USE REGULATIONS, of Ordinance No. 3011, as amended, be and the same is hereby amended by adding thereto the following: " (31.1) Motor vehicle junk 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) First approval - a period not to exceed five years; (b) First extension - a period not to exceed three years; (c) 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." SECTION 4. That Section 14, "J" Light Industrial District, (A) USE REGULATIONS, of Ordinance No. 3011, as amended, be and the same is further amended by adding thereto the following: " (13B) motor vehicle junk 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) First approval - a period not to exceed five years; (b) First extension - a period not to exceed three years; (c) 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." -2- SECTION 5. That Section 15, "K" Heavy Industrial District, (A) USE REGULATIONS, of Ordinance No. 3011, as amended, be and the same is hereby amended so that hereafter subparagraph (32) , Used automobile junk areas, shall be and read as follows: " (32) Used automobile junk area or motor vehicle junk yard, provided that the use autho- rized by the Board of Adjustment shall be limited to a period not to exceed ten years for any one application and public hearing, and provided further that the Board shall have the authority on new successive applications and public hear- ings to approve the use for successive periods not to exceed ten years each." SECTION 6. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentra- tion of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public require- ments. They have been made after a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 7. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 8. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, -3- clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitu- tionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconsti- tutional phrase, clause, sentence, paragraph or section. SECTION 9. That 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 ordi- nance shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense, and each day that a violation is permitted to exist shall consti- tute a separate offense. SECTION 10. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication, as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Cit- Attorney ADOPTED: -4- Title Adopted Final Adoption City Council Minute Poo `Page Nos.' Publishe Filed�'Day of /19� ` City Secretary A tw �v �.���