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HomeMy WebLinkAboutOrdinance 7519 ORDINANCE NO. 5 13 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SAID PURPOSE DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS, BY AMENDING SECTION 1 THEREOF TO PROVIDE AN ADDITIONAL DEFINITION BY AMENDING SECTION 3 THEREOF TO PROVIDE AN ADDITIONAL USE; PROVIDING FOR PURPOSE AND INTERPRETATION ; 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 the Comprehensive Zoning Oidinance No. 3011, as amended, be and the same is hereby further amended by adding thereto the following additional definition to be inserted in the proper alphabetical and numerical order: GARAGE SALES: Occasional sales (garage sales and patio sales only) at retail, not to exceed two (2) in number on the same premises in any one calendar year, by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail; provided that 1) the sale shall be confined to the garage and/or patio of the premises; 2) no new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sale; 3) the duration of each such sale shall not exceed three (3) consecutive calendar days; 4) a permit shall be secured at least 72 hours prior to and shall be prominently posted on such premises during such sale; 5) the permit fee amount shall be as established by the City Council; 6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall be vio- lations of this ordinance. SECTION 2. THAT SECTION 3 - "A" ONE - FAMILY DISTRICT, of the text of the Comprehensive Zoning Ordinance No. 3011, as amended, be and the same is hereby further amended by adding thereto the following additional use: 14. Garage Sales. (See Definition) SECTION 3. That the zoning regulations and districts, as herein established, have been made in accordance with the compre- hensive plan for the purpose of promoting health, safety, morals and the 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 concentration of population; to facilitate the adequate pro- visions of transportation, water, sewerage, parks and other public requirements. 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. -2- 4*' SECTION 4• That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth effecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordin- ances are in direct conflict with the provisions of this ordinance. SECTION 5• That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No. 3011 or of any amendments thereto, of said City of Fort Worth, Texas, that have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the court shall have all the powers that existed prior to the effective date of this ordinance and that all existing violations of Ordinance No. 3011, as amended, which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as viola- tions of this ordinance in the same manner that were viola- tions of Ordinance No. 3011, as amended, of said city. SECTION 6. That is 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 void, ineffective, or un- constitutional by the valid judgment or final decree of a -3- court of competent jurisdiction, such voidness, ineffective- ness, or unconstitutionality shall not affect any of the re- maining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 . 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 ordinance shall be fined not less than Five and No/100 Dollars ($5.00) nor more than Two Hundred and No/100 Dollars ($200. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION B. That this ordinance will take effect and. be in full force and effect from and after June 6, 1977, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney -4-