HomeMy WebLinkAboutOrdinance 19064-03-2010ORDINANCE NO. 19064-03-2010
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, BY AMENDING ARTICLE 8
"NONRESIDENTIAL DISTRICT USE TABLE", OF CHAPTER 4,
"DISTRICT REGULATIONS", AMENDING SECTION 4.803, "THE
NONRESIDENTIAL DISTRICT USE TABLE" TO ADD
GOVERNMENTAL VEHICLE STORAGE YARD/JUNKYARD AS A
PERMITTED USE IN "J" MEDIUM AND "K" HEAVY INDUSTRIAL
DISTRICTS; TO ADD TOWING YARD WITH OFFICE AS A
PERMITTED USE IN "I" LIGHT, "J" MEDIUM AND "K" HEAVY
INDUSTRIAL, AND TO ADD OUTSIDE STORAGE OR DISPLAY AS A
PERMITTED ACCESSORY USE IN "J" MEDIUM AND "K" HEAVY
INDUSTRIAL, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, governmental entities perform a varaety of functions which require
the use and maintenance of numerous vehicles as well as the storage of vehicles when acting in
its official capacity; and
WHEREAS, the use of government property to store and conduct maintenance of such
vehicles in mdustraally zoned districts would serve a public purpose providing zoning where
such use is allowed by nght; and
WHEREAS, tow yards with an office along with the storage of vehicles associated with
such use are allowed by nght m all mdustnal zoning distracts but the use is not clearly identified
in the Nonresidential Use Table m the Zoning Ordinance; and
WHEREAS, outside storage and display as an accessory use is allowed by raght in most
commercial zoning distracts and in all mdustnal zoning distracts but the use is not explicitly
permitted m the medium and heavy mdustnal zoning distracts, and
WHEREAS, it is advisable to amend the Nonresidential Use Table m the Zoning
Ordinance to permit the use of a government vehicle/storage yard m medium and heavy
mdustnal zoning distracts, and
WHEREAS, rt is advisable to amend the Nonresidential Use Table m the Zoning
Ordinance to clarify that the use of a tow yard with office is a permitted use m all mdustnal
distracts, and
WHEREAS, rt is advisable to amend the Nonresidential Use Table m the Zoning
Ordinance to clarafy that outside storage and display as an accessory use is permitted m
medium and heavy mdustnal zoning distracts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS.
SECTION 1
Section 4 803, "The Nonresidential Distract Use Table", under "Public and Civic Uses, m
the column entitled "Government" of Chapter 4 "Distract Regulations", of Ordinance No 13896,
the Zoning Ordinance of the City of Fort Worth, is hereby amended to allow governmental
storage of vehicles and junkyard as a permitted use m "J" Medium and "K" Heavy Industrial
Distracts, by inserting "Governmental vehicle storage/junkyard" after "Government office
facility" and inserting a "P" m the "J" and "K" columns.
SECTION 2.
Section 4 803, "The Nonresidential Distract Use Table", under "Commercial Uses", in the
column entitled "Vehicle Sales and Service" of Chapter 4 "Distract Regulations", of Ordinance
No 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to allow towing
yard and office as a permitted use in "I" Light, "J" Medium and "K" Heavy Industrial Distracts,
by inserting "Towing yard with office" after "Service station" and inserting a "P" in the "I", "J"
and "K" columns.
SECTION 3.
Section 4 803, "The Nonresidential Distract Use Table", under "Industraal Uses",
in the column entitled "Accessory Uses" of Chapter 4 "District Regulations", of Ordinance No
13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to allow outside
storage or display as a permitted use in "J" Medium and "K" Heavy Industraal Districts, by
inserting a "P" in the "J" and "K" columns.
SECTION 4.
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
m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
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 ~unsdiction, 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.
SECTION 6.
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.
SECTION 7.
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 m
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
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SECTION 8.
The Crty 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 m the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code.
SECTION 9.
All other provisions of the Zoning Ordinance of the Crty of Fort Worth not herein
amended shall remain in full force and effect.
SECTION 10
This ordinance shall take effect upon adoption and publication as required bylaw
APPROVED AS TO FO ND LEGALITY
Assistant City Attorney
ADOPTED March 2, 2010
EFFECTIVE _-~~~~-~~ ~ (~