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HomeMy WebLinkAboutOrdinance 12087~w ~~ Via? ~o 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 2-H, "'P-D' PLANNED DEVELOPMENT DISTRICT", BY REPEALING SUBSECTION 2-H I(7) AND ADDING A NEW SUBSECTION 2-H.I(7) TO ADD REQUIREMENTS FOR LANDFILL, RECYCLING AND OTHER MATERIALS RECOVERY AND PROCESSING FACILITIES, AMENDING SECTION 9, "'E' COMMERCIAL DISTRICT" TO ALLOW OUTSIDE STORAGE OF CERTAIN CONTAINERS FOR RECYCLING, AMENDING SECTION 20, "BOARD OF ADJUSTMENT", BY ALLOWING A SPECIAL EXCEPTION FOR SMALL COLLECTION FACILITIES FOR RECYCLING CANS, GLASS AND OTHER MATERIALS, 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 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(7), which reads as follows 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 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 adding a new Subsection 2-H I(7), as follows 7 Municipal solid waste landfill operations, handling, processing, and loading of municipal solid waste and recyclable materials for transportation at transfer stations, storage, processing, bailing or reclamation of paper, wood, metals, plastics, rags, junk, concrete, asphalt, and other materials at materials recovery facilities and recycling centers, disposal, dumping, or reducing of offal or dead animals, composting for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities, collection and storage of household hazardous wastes, and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below For purposes of this Subsection 2-H i(7), such facilities are further defined by Title 30, Texas Administrative Code, Chapter 330, "Municipal Solid Waste," Sections 330 2 and 330 803, and Chapter 335, "Industrial Solid Waste and Municipal Hazardous Waste," Section 335 1 a) The operator shall comply with the following requirements 1) Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses i) Zoning and land use within 1 /4 mile of the site, ii) Proximity to residences, businesses, and other uses, iii) Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic, iv) Locations of all existing and proposed buildings, equipment, and machinery, -2- v) Fire prevention and control, vi) Groundwater, drinking water, and surface water protection including wash areas, stream or water course diversions, holding ponds, and tanks., vii) Screening fences, berms, buffers, and landscaping, viii) Provisions for all activities including loading, unloading, handling, processing of materials, and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences, and ix) Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number, and hours of operation of the facility 2) Obtain, maintain, and have available on-site all required permits and comply with all federal, state, and local regulations that relate to the collection, transportation, handling, processing, and disposal of all materials for which the facility is approved 3) Submit and maintain on-site an operations plan that addresses i) Provisions for preventing unauthorized wastes and materials from being brought to the facility; ii) Procedures for identifying, handling, removing, transporting, and disposing of unauthorized wastes and materials that may have been brought to the facility, iii) Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents, iv) .Procedures and employee training for fire prevention and control, -3- v) Litter control and cleanup, and vi) Procedures for reporting and handling fuel and chemical spills 4) Provide proof of financial security by submitting documents showing compliance with federal and/or state financial assurance requirements or by submission of performance bond sufficient to insure that maximum amount of materials stored or accumulated on-site at any one time can be properly recovered and disposed of in the event that the owner/operator is unable to do so b) 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 local regulations, codes, and ordinances The operator and/or owner shall provide in writing for 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 c) The Building Official may not issue a certificate of occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law SECTION 3 Subsection A 59(a) of Section 9, "'E' Commercial District," of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended, as follows a) The following items may be displayed and/or stored outside the main building subject to the conditions contained in this section 1) Bagged grass seed 2) Bagged fertilizer 3) Bagged mulch 4) Bagged bark chips 5) Bagged play sand 6) Bagged potting soil -4- 7) Bundled firewood 8) Cut Christmas trees 9) A maximum of 10 portable boxes, bins or other such containers, not to exceed 96 gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles SECTION 4 Subsection C 38 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, as follows 38 Automated collection vending "E", "F-R", "F", "G", "H" machines and small collection facilities, not to exceed 500 square feet, for recycling aluminum cans, glass, grocery bags, plastic bottles, magazines, newspapers and other comparable materials, provided 1) required off-street parking is not diminished, and 2) the Board finds that the size, location and design of the machines or facility are compatible with surrounding uses SECTION 5 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 -5- ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 6 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 7 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 t-his ordinance shall be fined not more than Two Thousand Dollars (52,000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 8 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 -6- and criminal, whether pending in court or not, under such ordinances., same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 9 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 10 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 11 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 ~ O Cit A orney Date ~ ~ ~ 4 ~ ADOPTED ~ S ~ `~ q S^ EFFECTIVE -7-