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HomeMy WebLinkAboutOrdinance 17907-12-2007ORDINANCE NO. 17907-12-2007 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AIVIENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 5.306, "STORAGE OF DISPLAY IN COMMERCIAL DISTRICTS, OUTDOOR" OF CHAPTER 5, "SUPPLEMENTAL USES", TO EXPAND THE TYPES OF ITEMS ALLOWED TO BE DISPLAYED AND/OR STORED OUTSIDE THE MAIN BUILDING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAIVIING AN EFFECTIVE DATE. WHEREAS the current Zoning Ordinance allows for the display and storage of specific items such as bagged grass seed, fertilizer, .mulch, bark chips, play sand, potting soil bundled firewood and cut Christmas trees under certain conditions; and REAS historically other seasonal sale merchandise has been allowed, including living plants, cut trees and flowers and pumpkin sales on the outside of grocery stores, flowers shops and general retail stores; and WHEREAS it is advisable to amend the ordinance to allow seasonal sales to include other holiday items; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION 1. Section 5.306 "Storage or Display in Commercial Districts, Outdoor" of Chapter 5, "Supplemental Use Standards" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is amended to add seasonal sales items as an allowed use under certain circumstances, to read as follows: Sec. 5.306. Storage or Display in Commercial Districts, ®utdoor Accessory buildings and uses customarily incident to any commercial use (including air conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises) are permitted subject to the following conditions. No use or accessory use shall be construed to permit the keeping of articles, material or merchandise in the open or on the outside of the building except as follows: A. Items permitted in "E" Through "H" Districts. The following items may be displayed and/or stored year-round outside the main building subject to the conditions contained in this section, provided, however, general merchandise stores and home improvement stores are permitted to have outdoor storage, display and sales in accordance with Section 5.134(A)(9). 1. Bagged grass seed. 2. Bagged fertilizer. 3. Bagged mulch. 4. Bagged bark chips. 5. Bagged play sand. 6. Bagged potting soil. 7. Bundled firewood. 8. Living plants. 9. A maximum of ten portable boxes, bins or other such containers, not to exceed 96 gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles. B. General Conditions. Outside storage and/or display of the above listed items is subject to strict compliance with the following conditions: 1. No merchandising, nor the storage or stacking of such merchandise may exceed four feet in height (except Christmas trees displayed in vertical position). 2. No merchandise may extend more than five feet from the front wall of the building except holiday sales items and temporary sales as set out in C and D. 3. A four-foot wide unobstructed walkway must be provided between the curb, fire lane, maneuvering aisle or parking space and any stored and/or displayed merchandise. 4. No stored merchandise, goods or products may be situated such that visibility of motor vehicle traffic lanes is obstructed. 5. No area used for the outside storage or display of merchandise shall be located within 25 feet of the rear or side of any residentially used property. 6. No area designated for required off-street parking may be used for outside storage or display of merchandise (except holiday sales items). 7. All city fire, building and other codes shall be strictly complied with. 2 C. Special Conditions for Holiday Sales Permitted in "E" Through "H" Districts. Outside storage and/or display of holiday sales items, such as cut trees, pumpkins and cut flowers are subject to strict compliance with the following conditions: 1. Cut trees and pumpkins may be displayed for up to 30 days preceding and including the holiday but must be removed the day immediately following the holiday. 2. All other merchandise may be displayed for no more than 10 days preceding a holiday and must be removed the day immediately following the holiday. 3. Display area may not exceed 30% of the on-premise off-street parking. 4. If a tent is to be erected in conjunction with the sale, a permit from the Fire Department is required. D, Special Conditions for Temporary Outdoor Tent Sales Permitted in "E" Through "H" Districts. Outside storage and/or display of new, retail merchandise for temporary tent sales are subject to strict compliance with the following conditions: 1. A permit from the Fire Department is required to erect a tent. 2. Sales may last for no more than 10 consecutive days and are limited to two per business per year. 3. Display area may not exceed 30% of the on-premise off-street parking. SECTI®N 2. 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. SEC'I'I®N 3. 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, 3 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. SECTI®N 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, 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. SECTI®N 5. 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTI®N 6. All other provisions of Section 2.101 of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. 4 SECT'I®N 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date 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. SECTI®N 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By G~ .G~riG~. Assist t Attorney ADOPTED: December 4 2007 EFFECTIVE:-E=~ ~ ~~ 5