Loading...
HomeMy WebLinkAboutOrdinance 11844~ ~~$ a- ~, t{ 8 ORDINANCE NO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 15, "'K' HEAVY INDUSTRIAL DISTRICT", BY REPEALING SECTION 15 A, AND ADDING A NEW SECTION 15 A, AMENDING SECTION 2-H, "'P-D' PLANNED DEVELOPMENT DISTRICT", TO ADD SPECIFIC USES PERMITTED IN "P-D" PLANNED DEVELOPMENT DISTRICTS ONLY, AMENDING SECTION 20, "BOARD OF ADJUSTMENT", BY DELETING CERTAIN SPECIAL EXCEPTION USES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET .FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE .DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Section 15, "'K' Heavy Industrial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by repealing Section 15 A, and adding a new Section 15 A , as follows A USE REGULATIONS In the "K" Heavy Industrial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance except for one or more of the following uses 1 Any uses permitted in the "J" Light Industrial District, except that all dwellings are excluded and no mobile home park shall be permitted 2 Acetylene gas storage 3 Assaying 4 Asphalt and cement hatching and mixing, refining or manufacturing plants 5 Bag cleaning 6 Blast furnaces, boiler works, and brick, the or terra cotta manufacture 7 Cotton gins, baling or compresses 8 Cotton oil mills 9 Clay, shale or glass products 10 Distillation of bones, coal or wood 11 Dog pounds 12 Egg cracking and processing 13 Enameling 14 Fat rendering 15 Fertilizer manufacture 16 Fish smoking and curing 17 Forge plants 18 Galvanizing, sheet and structural shapes 19 Gas (natural or artificial) manufacture or ,processing 20 Glue manufacture 21 Iron, steel, brass, copper or aluminum foundries or fabrication plants, except that riveting is not permitted within 500 feet of a more restrictive district 22 Machine shops 23 Magnesium casting, machining or fabricating -2- 24 Manufacture of acetylene and/or oxygen gas, alcohol, adding machines, airplanes, automobiles, trucks and tractors (including assembly plantsl, bearings -ball or roller, steel tanks, candles and celluloid, cash registers, cutlery, disinfectants, dextrine, dyestuff, electrical machinery, farm tools, typewriters ,and vinegar 25 Motor vehicle junk yard or storage yard, or used automobile junk area, as a special exception upon approval of the Board of Adjustment after a report from the Police, Health, Public Works and Fire Departments, subject to the following limitations a) Said area shall not adjoin the side or rear of any residential zoning district b) Said area must be completely enclosed by a screening fence c) First approval - a period not to exceed ten years d) Each extension - a period not to exceed ten years 26 Planing mills 27 Potash works 28 Railroad roundhouses and car repair shops 29 Salt works 30 Soap manufacture 31 Soda and compound manufacture 32 Stamping, dieing, shearing or punching of metals 33 Stockyards or feeding pens 34 Stoneyards, building stone, cutting, sawing and storage 35 Tallow, grease or lard manufacture 36 Tanneries, curing or storage of raw hides or skins -3- 37 Tar distillation or manufacture including tar or asphalt roofing or water proofing 38 Tobacco (chewing) manufacture or treatment 39 Wool pulling or scouring 40 Welding shops 41 Yeast plants 42 And in general those uses not listed above which are not ordinarily excessively noxious or offensive because of odor, smoke, dust, noise, fumes or vibrations SECTION 2 Section 2-H, "'P-D' Planned Development District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by repealing Subsection 2-H I and adding a new Subsection 2-H I, as follows I Specific uses permitted in "PD" Planned Development District only 1 Acid manufacture 2. Ammonia, bleaching powder or chlorine manufacture 3 Cement, lime, gypsum or plaster of paris manufacture 4 Coke ovens 5 Creosote treatment or manufacture 6 Explosives, manufacture or storage 7 Landfill operations, transfer stations, waste separation facilities for storage, salvaging, sorting, processing, bailing or reclamation of paper, wood, metals, plastics, junk, rags, and other materials, or disposal, dumping or reducing of offal or dead animals. -4- 8 Gambling facilities or other operations featuring games of chance, including bingo parlors 9 Horse, dog or automotive racing a) Additional development controls shall be required, as follows 1) Holding areas for horses or dogs shall be provided in case of fire 2) An approved emergency plan and an approved evacuation plan shall be provided 3) Security plans shall be provided and reviewed by the Police Department 4- Spectator parking lots shall be 500 feet from any one or two-family residentially zoned properties 5) Other facilities, including uses facilities, the race track, and the bleachers shall be 1000 feet from any one and two-family residential zone and from any apartment zones not a part of race track as a mixed use 6) The parking required shall be one (1) space for every two (2) spectator seats and. one (1) space for every ten (10) square feet of spectator standing area 7) When located within or adjacent to any city, state, or national historic district, the race track building and structures shall be designed to be compatible with said district 8) An approved solid waste disposal plan shall be provided and set into operation upon occupancy of the race track and its buildings and structures 9) All support activities and other proposed uses which the site may include shall be specifically identified -5- ' b) In addition to site plan requirements in paragraph C, the considerations for site plan approval in paragraph E, and the development controls in paragraph H, the following design considerations shall be incorporated where feasible 1) Impact studies (such as traffic impact) on the effects of the track operations on adjacent lands Such studies shall include setbacks, street, arterial, and highway access; and buffering of properties surrounding the race track site 2) Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation 3) Emergency vehicle access around site located at the bleachers area with connection through the spectator parking lots to the user area 4) Height of buildings and structures not to exceed 12 stories or 120 feet, whichever is the most restrictive 5) User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area 10 Manufacture of heavy rubber products 11 Mining, quarrying, dredging or excavation of dirt, gravel, sand, or stone, for the purpose of removing, screening, crushing, washing, or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements a) Provision of a site plan of all existing conditions, including topography at 5 feet intervals, streams, lakes, and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover b) Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic., cultural or archeological significance Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining -6- c1 Delineation of all permits and licenses (including NPDES and Texas Air Control Board) required for the operation of such a facility, name of contact person, agency address and telephone number of all permitting agencies, and ver- ification of approval of same prior to operation d) Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees, and use of explosives or other hazardous or caustic materials or chemicals e(1) Analysis of potential impacts to adjacent properties {especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic, and mitigation measures to control such impacts Submittal of drainage study if deemed necessary by the Department of Transportation and Public Works When deemed appropriate, as a mitigation measure of the site perimeter, Council may require appropriate buffering, berming, screening and landscaping greater than that required under this Zoning Ordinance, which shall be maintained in a proper manner at the expense of the property owner All mitigation measures must be installed and completed prior to any physical mining of the site e(2) Submission of plan for protection of adjacent rights-ot-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets e(31 Approval of said plans required from the Director of Transportation and Public Works f) Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required g1 Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements -7- h) A reclamation plan, including final topography contours, at 5 feet intervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting .plan for restoration of the original canopy cover of the site, including any required cross section and engineering/construction plans as approved by the City Forester or a soil conservation scientist It is recommended that plant materials native to the site be used i) Submission of a performance bond or cash payment for each phase as required under the standard contract for Community Facilities Agreement of the City to ensure that all restoration costs in accordance with the reclamation plan of the site are met j) Provision of a clearly visible sign at the entrance to the mining operation identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premise signs k) Council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and City regulations, codes and ordinances The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety Such access approval shall be a prerequisite and part of the conditions of approval of the "PD" Planned Development District 12 Ore reduction 13 Packing plants, including slaughtering of animals and processing of by-products 14 Paper and pulp manufacture 15 Petroleum refining or wholesale storage 16 Rock, cement crushers and stone quarries -8- 17 Rolling mills 18 Shooting or weapons firing range 19 Smelting or reclamation (by reduction) of tin, copper, lead, zinc or iron. ores SECTION 3 Subsection C, "Authorized Special Exceptions", of Section 20, "Board of Adjustment", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by repealing the following provisions 2 Quarry, mine, dredge, sand and gravel pit or excavation for the purpose of removing, screening, crushing, washing, or storage of ore, clay, stone, gravel or similar materials, together with the requirements set out in 2(al though 2(k) 4 Sanitary landfill 7 Shooting range 19 Racing or drag strip 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 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 -9- 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 jurisdiction, 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 (52,000 001 for each offense Each day that a violation is permitted to exist 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 Ordinance No 3011 or 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 -10- be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 8 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 9 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 SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY P~C,~~- ~~'~ C. ty Attorney Date. ~ i ~ ~ I ~ g`~ ADOPTED. ~~+ i ~ ~ ~ ~ EFFECTIVE -11-