Loading...
Ordinance 22154-04-2016 ORDINANCE NO. 22154-04-2016 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 4 "TEMPORARY USES", OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS," SECTION 5.406 "MOBILE VENDORS" TO PROVIDE OPERATIONAL REQUIREMENTS FOR FRESH MARKET MOBILE VENDORS; TO AMEND ARTICLES 6, 8 AND 12 RESPECTIVELY, CHAPTER 4, "DISTRICT REGULATIONS", SECTIONS 4.603 "RESIDENTIAL DISTRICT USE TABLE", SECTION 4.803 "NONRESIDENTIAL DISTRICT USE TABLE" AND SECTION 4.1203 "FORM-BASED DISTRICT USE TABLE" TO PROVIDE FOR ZONING DISTRICTS WHERE FRESH MARKET MOBILE VENDORS ARE ALLOWED; AND TO AMEND CHAPTER 9 "DEFINITIONS" TO ADD DEFINITION FOR FRESH MARKET MOBILE VENDORS; 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, within the City, there is an increased interest and demand for access to fresh produce; and WHEREAS, the City desires to improve the vitality of certain areas of Fort Worth, increase access to affordable and gourmet foods, encourage budding food entrepreneurs, and support local small business and economic development; and WHEREAS, such goals can be accomplished by providing owners of mobile food vending units the opportunity to bring the healthy products into communities that do not have regular access to fresh produce; and WHEREAS, the City finds it to be in the public interest and general welfare to amend the Zoning Ordinance provisions to allow flesh market mobile vending on private property in residentially zoned districts as well as a mobile vending vehicle; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Ordinance No.22154-04-2016 Page 1 of 5 SECTION 1. Chapter 5 "Supplemental Use Standards", the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 4, "Temporary Uses" to amend Section 5.406(C) (1- 6) "Mobile Vendors"to allow Fresh Market Mobile Vendors and to read as follows: 5.406 Mobile Vendors C. Operational Requirements 1. Mobile Vending Units may only operate in locations as allowed by the Fort Worth Zoning Ordinance. 2. No Mobile Vending Unit may operate within 50 feet from a single-family or multi-family residential use, provided however, a Fresh Market Mobile Vendor shall be permitted to operate within such 50 foot setback and on a lot with an existing nonresidential use, such as but not limited to a church or school. A Fresh Market Mobile Vendor shall not operate on a lot used for residential purposes. Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure. 3. All Mobile Vending Units must park on an improved surface. 4. No Mobile Vending Unit may operate on a vacant lot, provided however, a Fresh Market Mobile Vendor may operate on a vacant lot in nonresidential districts (e.g. commercial, industrial, mixed use) with a valid Vendor Certificate of Occupancy. A Fresh Market Mobile Vendor shall not be permitted to operate on a vacant lot that is residentially zoned. 5. Neither the Mobile Vending Unit nor any related displays of merchandise, seating, or temporary shelters may obscure traffic. 6. No Mobile Vending Unit shall be allowed to sell merchandise, sell, or serve food on any public street, sidewalk, or other public right-of-way, provided however, a Fresh Market Mobile Vendor may operate as a Mobile Vending Vehicle in accordance with Chapter 22 Motor Vehicles and Traffic, Article XI: Mobile Vending Vehicles. SECTION 3. Chapter 4, Article 8, of the Zoning Ordinance of the City of Fort Worth, Section 4.603, "Residential District Use Table" is hereby amended to revise section "Temporary Uses", to add the use "Mobile Vendor, Fresh Market" and add a "P*" under "A-2.5" One-Family Residential through "MH" Manufactured Home Subdivision District columns for the use with a reference to the Supplemental Standard Section 5.406. SECTION 4. Chapter 4, Article 8, of the Zoning Ordinance of the City of Fort Worth, Section 4.803, "Non-Residential District Use Table" is hereby amended to revise section "Temporary Uses", to add the uses "Mobile Vendor, Fresh Market" and "add a "P*" under "E" Neighborhood Ordinance No.22154-04-2016 Page 2 of 5 Commercial through "0-2" Flood Plain District columns for the use with a reference to the Supplemental Standard Section 5.406. SECTION 5. Chapter 4, Article 12, of the Zoning Ordinance of the City of Fort Worth, Section 4.1203, "Form Based District Use Table" is hereby amended to revise section "Temporary Uses", to add the use "Mobile Vendor Fresh Market" and add a "P*" under "MU-1" Low Intensity Mixed Use through "MU-2G" High Intensity Mixed Use, "NS" Near Southside Form Based District, "CB" Camp Bowie Form Based District, and "TL" Trinity Lakes Form Based District with a reference to the Supplemental Standard Section 5.406. SECTION 6. Chapter 9 "Definitions," Section 9.101 "Defined Terms", of the Zoning Ordinance of the City of Fort Worth, is hereby amended to add a definition for Mobile Vendor, Fresh Market to read as follows: MOBILE VENDOR, FRESH MARKET: A licensed mobile vending unit that sells nonhazardous, fresh fruits and vegetables. Any product that is cut and processed shall follow Division 4 of the Health Code. No less than 75% of the products for sale shall be produce and any additional product shall be nonhazardous,packaged food. SECTION 7. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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 8. 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 Ordinance No.22154-04-2016 Page 3 of 5 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 9. 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 10. 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 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 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. Ordinance No.22154-04-2016 Page 4 of 5 SECTION 12. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 13. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, ary J. K r, Sr. Assistant City Attorney City Secre ary ADOPTED: April 5, 2016 EFFECTIVE:� X/(Q Ordinance No.22154-04-2016 Page 5 of 5