HomeMy WebLinkAboutOrdinance 149111L-1$-01 P01 36 IN
ORDINANCE NO ~ l
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 THAT ALL VEHICLES STORED AFTER BUSINESS
HOURS BE ENCLOSED BY A SIX-FOOT SCREENING FENCE OR
STORED IN AN ENCLOSED BUILDING AND TO LIMIT THE TIME
VEHICLES CAN BE STORED TO FORTY-FIVE (45) DAYS; TO AMEND
SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE, TO
REQUIRE THE APPLICATION OF SUPPLEMENTAL STANDARDS
FOR "AUTOMOTIVE REPAIR; PAINT AND BODY SHOP" UNDER
"VEHICLE SALES AND SERVICE" FOR THE COLUMN HEADINGS
"MU-2", "I", "J", AND "K" DISTRICTS, 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 NAMING AN EFFECTIVE DATE.
WHEREAS, there are numerous long-standing automotive repair shops that are located
m or near residential neighborhoods, and
WHEREAS, City Council desires to provide adequate screening between the automotive
repair shops and to limit the time a vehicle can be stored on the shop premises m order to
minimize the impact on the surrounding neighborhoods.
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 at least asix-foot screening fence around all vehicles stored after
business hours, to add Subsection 5 to hmrt the `'time a vehicle can be stored to forty-five (45)
days and to add Subsection 6 to require automotive repair, paint and body shops located in the
"MU-2", "I", "J" or "K" District wrthm five hundred (500) feet of a residentially zoned property
to comply with vehicle storage requirements, to .read as follows
2 All vehicles stored after business hours must be within an enclosed
building or enclosed behind asix-foot screemng fence, m accordance with Section 5 304
5 No vehicle retained for repairs may be stored for more than forty-five (45)
days. All stored vehicles must be registered and have current safety inspections or be in
the process of repair to pass safety inspection. A verified estimate and order for repair
maintained by the repair facility will be considered as evidence of the 45-day period.
Extension beyond this time shall be considered a change m use of the property and the
Board of Adjustment shall not have ~unsdiction to grant any variance to extend the 45-
dayperiod.
6 Any property used as an automotive repair, paint or body shop located in a
"MU-2", "I", "J" or "K" District that is within five hundred (500) feet of a residentially
zoned property must comply with subsections 2 and 5
SECTION 2.
Chapter 4, Article 8, of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, Section 4 803 "Nonresidential District Use Table" is hereby amended to require the
application of supplemental standards by adding an asterisk to the permitted uses for
"Automotive repair; paint and body shop" under "Vehicle Sales and Service" for the column
headings "MU-2", "I", "J", and "K" Districts.
SECTION 3.
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, as follows
16 Vehicles stored after business hours at automotive repair, paint and body shops
shall be stored m an enclosed building or enclosed by a six-foot screemng fence m
accordance with Section 5 104
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SECTION 4.
All automotive repair, paint and body shops shall comply with Section 5 104(2) no later
than June 18, 2002
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 m those
instances where provisions of such ordinances are m direct conflict with the provisions of this
ordinance
SECTION 6.
That all nghts or remedies of the Crty 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 rt is hereby declared to be the intention of the Crty Council that the sections,
paragraphs, sentences, clauses and phrases of this,r 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
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
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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 provrsions 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 m 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 pubhcahon as required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, Crty Attorney
By~ ~~~ ~
Assistant City Attorney
Adopted. ~~ 1 g' , 2. C7 O ~
Effective ~'~~ Q/
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