HomeMy WebLinkAboutOrdinance 1516607-23-02 P02 28 IN
ORDINANCE NO. ~ °~'
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH, TO AMEND SECTION 5.104, "AUTOMOTIVE
REPAIR; PAINT AND BODY SHOP" AND SECTION 5.304, "FENCES"
TO REQUIRE A MINIMUM SIX FOOT SOLID SCREENING FENCE OR
SOLID SCREEN EVERGREEN HEDGE ADJACENT TO OR WITHIN
TWO HUNDRED FEET FROM ANY ONE OR TWO-FAMILY
RESIDENTIAL USE; TO REQUIRE THAT ALL VEHICLES IN EXCESS
OF TWO PER BAY OR REPAIR/INSPECTION STATION BE STORED
OVERNIGHT BEHIND AN ENCLOSED SCREENING FENCE OR IN AN
ENCLOSED BUILDING; TO LIMIT THE TIME VEHICLES CAN BE
STORED ON THE PROPERTY TO SIXTY DAYS (60) DAYS; TO ALLOW
AN EXCEPTION TO THE TIME LIMIT FOR THE REPAIR AND
CONDITIONING OF ANTIQUE VEHICLES AND RACE CAR
FABRICATION IN "I", "J", AND "K" DISTRICTS; TO AMEND
CHAPTER 9, "DEFINITIONS" TO ADD A DEFINITION FOR
DISMANTLED VEHICLES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A 5EVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND NAMING AN EFFECTIVE DATE.
WHEREAS, there are numerous long-standing automotive repair shops that are located
in or near residential neighborhoods, and
WHEREAS, vehicles accepted for repairs are currently stored within public view and for
extended periods of time, and
WHEREAS, the storage of vehicles creates visual clutter, is potentially harmful to
surrounding residential property values and has an adverse effect on residential neighborhoods
located near repair shops, and
WHEREAS, the City has historically protected single and two family residential uses
from the adverse effects of commercial and industrial activities, and
WHEREAS, it is advisable to provide adequate screening of vehicles accepted for
repairs and to limit the time vehicles can be stored on the repair shop premises in order to
minimize visual clutter in the city and protect surrounding residential property
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 5, Article 1, of Ordinance No. 13896, the Zoning Ordinance of the City
of Fort Worth, Section 5 104, "Automotive Repair; Paint and Body Shop", is amended to amend
Subsection 2 to require a rninimum asix-foot screening fence or six-foot solid evergreen
screening hedge adjacent to or within two hundred feet from any one or two-family residential
use and to limit the number of vehicles accepted for repair that can be stored outside an enclosed
screening fence overnight to two vehicles per bay or repair/inspection station, to amend
Subsection 5 to limit the time a vehicle can be stored to sixty days (60) days and to allow an
exception to the time limit for antiques cars and race car fabrication in industrially zoned
districts, and to amend Subsection 6 concerning the applicability of such regulations as follows:
2. A. Vehicle storage requirements for Automotive Repair; Paint and Body
Shops near one or two-family residential use.
1 Automotive Repair; Paint and Body Shops located on property adjacent to
a one- or two-family residential use must screen all vehicles that have been
accepted for repairs from view from such residential use by parking/storing the
vehicles within a building or by providing asix-foot solid screening fence or six-
foot solid screen evergreen hedge along the property line adjacent to, or across an
alley from, the one or two-family residential use. The solid screen evergreen
hedge shall planted be in accordance with the Zoning Ordinance landscaping and
buffer requirements.
2. All other Automotive Repair; Paint and Body Shops within 200 feet from
any one or two-family residential use must screen all vehicles that have been
accepted for repairs from view from such residential use by parking/storing the
vehicles within a building or by providing asix-foot solid screening fence or six-
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foot solid screen evergreen hedge on all property lines facing the residential use.
The measurement of the distance between the automotive repair or paint and body
shop and the one or two-family residential use shall be along the nearest property
line of the one or two-family residential use to the nearest property line of the
automotive repair or paint and body shop, along street lines and in a direct line
across intersections. The solid screen evergreen hedge shall planted be in
accordance with the Zoning Ordinance landscaping and buffer requirements.
B. Overnight vehicle storage requirements.
No more than two vehicles per bay or repair/inspection station that have been
accepted for repairs by the repair, paint or body shop may be stored/parked
outside after regular business hours unless the vehicles in excess of two per bay or
repair/inspection station are completely enclosed.
1 behind a minimum six-foot solid screening fence in accordance with
Section 5 104,
2. behind a minimum six foot solid screen evergreen hedge, or
3 within a building.
The solid screen evergreen hedge shall planted be in accordance with the Zoning
Ordinance landscaping and buffer requirements.
C. Vehicte storage requirements For wrecked or dismantled vehicles.
All wrecked or dismantled vehicles must be stored in an enclosed building or
completely enclosed behind a minimum six-foot solid screening fence or a
minimum six-foot solid screen evergreen hedge. The solid screen evergreen hedge
shall planted be in accordance with the Zoning Ordinance landscaping and buffer
requirements.
5 A. No vehicle retained for repairs may be stored for more than sixty (60) days
from the date the vehicle is accepted for repair The sixty-day time limit may be
extended to a total of one hundred eighty (180) days from the date the vehicle is
accepted for repair if the automotive repair or paint and body shop has begun the
process to obtain a lien on the vehicle pursuant to state law Extension beyond
this time shall be considered a change in use of the property and the Board of
Adjustment shall not have jurisdiction to grant any variance to extend the 60-day
or the 180-day period.
B The time limit in Subsection SA. shall not apply to the repair and/or
conditioning of antique vehicles and race car fabrication if the automotive repair
or paint and body shop is located in an industrially zoned district.
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C The time limit in Subsection SA. shall not apply to any vehicle ordered by
a court or mandated by arbitration or mediation to be stored by the automotive
repair or paint and body shop
6 Any property used as an automotive repair, paint or body shop located in a "MLJ-
2", "I", "J" or "K" District must comply with subsections 2 and 5
SECTION 2.
Chapter 5, Article 3, of Ordinance No 13896, the Zoning Ordinance of the City
of Fort Worth, Section 5.304(A), "Fences Required", is amended by adding subsection 16 and
subsection 17, as follows.
16. Vehicles stored overnight for repair at automotive repair, paint and body shops shall
be stored in an enclosed building, enclosed by a minimum six foot solid screen
evergreen hedge or enclosed by a minimum six-foot screening fence in accordance
with Section 5 104
17 Vehicles that have been accepted for repairs by automotive repair, paint and body
shops must be screened from view behind asix-foot solid screening fence or six-
foot solid screen evergreen hedge in accordance with Section 5104 if the
automotive repair, paint and body shop is. 1) adjacent to any one or two-family
residential use or 2) within 200 feet from any one or two-farnily residential use.
SECTION 3.
Chapter 9, "Definitions" of Ordinance No. 13896, the Zoning Ordinance of the City of
Fort Worth, Section 9 101 "Defined Terms" is amended to add a definition of dismantled vehicle
as follows.
DISMANTLED VEHICLE. A vehicle that has, intentionally or unintentionally, one or
more significant parts removed. A significant part is any part that is need to safely
operate the vehicle, including but not limited to, a wheel or tire, windshield, door, side
quarter panel, trunk, hood, roof, steering wheel or transrnission. A vehicle can be
considered dismantled under this definition whether or not it is in an operative condition.
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SECTION 4.
All automotive repair, paint and body shops shall comply with Section 5 104 (2) no later
than January 1, 2003
SECTION 5.
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 6 .
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that have accrued at
the time of the effective date of this ordinance; and as to such accrued violations, and all pending
litigation, both civil or cnmmal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
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enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8.
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 more than Two Thousand Dollars ($2000 00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 9.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 10.
That this ordinance shall take effect upon passage and publication as required by law
APPROVED AS TO FORM AND LEGALITY:
David Ye t, City Attorney
$ .~G tom, GQR-~
Assistant Ci y Attorney
Adopted. ~ a 3
Effective. ~ I ~b ~ b~
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