HomeMy WebLinkAboutOrdinance 11425ORDINANCE NO . / / '~Q~~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF FORT WORTH, BEING ORDINANCE N0. 3011, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY
OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING
SECTION 9, "E" COMMERCIAL DISTRICT; SECTION 9A, "FR"
COMMERCIAL DISTRICT; SECTION 10, "F" COMMERCIAL DISTRICT,
SECTION 11, "G" COMMERCIAL DISTRICT, AND SECTION 12, "H"
BUSINESS DISTRICT, TO PERMIT OUTSIDE STORAGE AND DISPLAY
OF MERCHANDISE WITH RESTRICTIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY;
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.
THAT Ordinance No. 3011, the Comprehensive Zoning Ordinance of
the City of Fort Worth, as amended, is hereby amended by revising
Section 9, "E" Commercial District, Subsection A.59., to read as
follows:
A. USE REGULATIONS:
59. Accessory buildings and uses customarily incident
to any of the above uses, including air
conditioning, ice and refrigerating plants purely
incidental to a main activity permitted on the
premises. No use or accessory use shall be
construed to permit the keeping of articles,
material or merchandise in the open or outside the
building except as follows:
a) The following items of new merchandise 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 Plotting Soil
7) Bundled Firewood
8) Cut Christmas Trees
b) Outside storage and/or display of the above
listed items are subject to strict compliance
with the following conditions:
1} No merchandising, nor the storage or
stacking of such merchandise may exceed
four feet (4') in height (except
Christmas trees displayed in vertical
position;
2) No merchandise may extend more than five
feet (5') from the front wall of the
building;
3) A four-foot (4'} wide unobstructed
walkway must be provided between the
curb, fire lane, maneuvering aisle or
parking space and any stored andlor
displayed merchandise;
4) No stored merchandise, goods or products
may be situated such that visibility of
motor vehicle traffic lanes is
obstructed;
5) No area used for the outside storage or
display of merchandise shall be located
within 25' of the rear or side of any
residentially used property;
6) No area designated for off-street parking
may be used for outside storage or
display of merchandise (except Christmas
trees); and
7) All City fire, building and other codes
shall be strictly complied with.
SECTION 2.
THAT Ordinance No. 3011, the Comprehensive Zoning Ordinance of
the City of Fort Worth, as amended, is hereby amended by revising
Section 9A, "FR" Commercial District, Subsection A.28., to read as
follows:
A. USE REGULATIONS:
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28. Accessory buildings and uses customarily incident
to the above. No use or accessory use shall be
construed to permit the keeping of articles,
material or merchandise in the open or outside the
building except as follows:
a) The following items of new merchandise 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 Plotting Soil
7) Bundled Firewood
8) Cut Chr istmas Trees
b) Outside storage and/or display of the above
listed items are subject to strict compliance
with the following conditions:
1) No merchandising, nor the storage or
stacking of such merchandise may exceed
four feet (4') in height (except
Christmas trees displayed in vertical
position;
2) No merchandise may extend more than five
feet (5') from the front wall of the
building;
3) A four-foot (4') wide unobstructed
walkway must be provided between the
curb, fire lane, maneuvering aisle or
parking space and any stored and/or
displayed merchandise;
4) No stored merchandise, goods or products
may be situated such that visibility of
motor vehicle traffic lanes is
obstructed;
5) No area used for the outside storage or
display of merchandise shall be located
within 25' of the rear or side of any
residentially used property;
6) No area designated for off-street parking
may be used for outside storage or
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display of merchandise (except Christmas
trees); and
7) All City fire, building and other codes
shall be strictly complied with.
SECTION 3.
THAT Ordinance No. 3.011, the Comprehensive Zoning Ordinance of
the City of Fort Worth, as amended, is hereby amended by revising
Section 10, "F" Commercial District, Subsection A.11., to read as
follows:
A• USE REGULATIONS:
11. Accessory buildings and uses customarily incident
to the above. No use shall be construed to permit
the keeping of articles, material or merchandise in
the open or outside the building except as follows:
a) The following items of new merchandise 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 Plotting Soil
7) Bundled Firewood
8) Cut Chr istmas Trees
b) Outside storage and/or display of the above
listed items are subject to strict compliance
with the following conditions:
1) No merchandising, nor the storage or
stacking of such merchandise may exceed
four feet (4') in height (except
Christmas trees displayed in vertical
position;
2) No merchandise may extend more than five
feet (5') from the front wall of the
building;
-4-
3) A four-foot (4'} wide unobstructed
walkway must be provided between the
curb, fire lane, maneuvering aisle or
parking space and any stored and/or
displayed merchandise;
4) No stored merchandise, goods or products
may be situated such that visibility of
motor vehicle traffic lanes is
obstructed;
5) No area used for the outside storage or
display of merchandise shall be located
within 25' of the rear or side of any
residentially used property;
6) No area designated for off-street parking
may be used for outside storage or
display of merchandise (except Christmas
trees); and
7 ) All City fire, building and other codes
shall be strictly complied with.
SECTION 4.
THAT Ordinance No. 3011, the Comprehensive Zoning Ordinance of
the City of Fort Worth, as amended, is hereby amended by revising
Section 11, "G" Commercial District, Subsection A.3., to read as
follows:
A• USE REGULATIONS:
3. Accessory buildings and uses customarily incident
to the above. No use shall be construed to permit
the keeping of articles, material or merchandise in
the open or outside the building except as follows:
a) The following items of new merchandise 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 Plotting Soil
-5-
7) Bundled Firewood
8) Cut Christmas Trees
b) Outside storage and/or display of the above
listed items are subject to strict compliance
with the following conditions:
1) No merchandising, nor the storage or
stacking of such merchandise may exceed
four feet (4') in height (except
Christmas trees displayed in vertical
position;
2) No merchandise may extend more than five
feet (5') from the front wall of the
building;
3) A four-foot (4'} wide unobstructed
walkway must be provided between the
curb, fire lane, maneuvering aisle or
parking space and any stored and/or
displayed merchandise;
4) No stored merchandise, goods or products
may be situated such that visibility of
motor vehicle traffic lanes is
obstructed;
5) No area used for the outside storage or
display of merchandise shall be located
within 25' of the rear or side of any
residentially used property;
6) No area designated for off-street parking
may be used for outside storage or
display of merchandise (except Christmas
trees); and
7) All City fire, building and other codes
shall be strictly complied with.
SECTION 5.
THAT Ordinance No. 3011, the Comprehensive Zoning Ordinance of
the City of Fort Worth, as amended, is hereby amended by revising
Section 12, "H" Business District, Subsection A.10, to read as
follows:
A. USE REGULATIONS:
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10. Accessory buildings and uses.
a) The following items of new merchandise 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 Plotting Soil
7) Bundled Firewood
8) Cut Christmas Trees
b) Outside storage and/or display of the above
listed items are subject to strict compliance
with the following conditions:
1) No merchandising, nor the storage or
stacking of such merchandise may exceed
four feet (4') in height (except
Christmas trees displayed in vertical
position;
2) No merchandise may extend more than five
feet (5') from the front wall of the
building;
3) A four-foot (4') wide unobstructed
walkway must be provided between the
curb, fire lane, maneuvering aisle or
parking space and any stored and/or
displayed merchandise;
4) No stored merchandise., goods or products
may be situated such that visibility of
motor vehicle traffic lanes is
obstructed;
5) No area used for the outside storage or
display of merchandise shall be located
within 25' of the rear or side of any
residentially used property;
6) No area designated for off-street parking
may be used for outside storage or
display of merchandise (except Christmas
trees); and
-7-
7) All City fire, building and other codes
shall be strictly complied with.
SECTION 6.
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.
SECTION 7.
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 8.
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
-8-
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 9.
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 be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 10.
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 11.
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.
-9-
SECTION 12.
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:
..ell ~~~~~~~~.,~ /l/ r
~~ City Attorney
Date : ~/j ~-- l ~ ~ q
ADOPTED: / ~ - /~ ' ~l~
EFFECTIVE:
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