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HomeMy WebLinkAboutOrdinance 20666-03-2013 ORDINANCE NO. 20666-03-2013 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 SECTION 4.802 "NONRESIDENTIAL DISTRICT USE TABLE" AND SECTION 4.1201 "USES" TO ADD FARMERS' MARKET AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 6.201 OFF STREET PARKING TO ADD REQUIRED PARKING RATIOS FOR FARMERS' MARKETS; AMENDING ARTICLE I "STANDARDS FOR SELECTED USES", OF CHAPTER 5, "SUPPLEMENTAL USE STANDARDS," TO ADD SECTION 5.145, FARMERS' MARKETS, TO PROVIDE A MAXIMUM SQUARE FOOTAGE IN CERTAIN DISTRICTS; AND AMEND CHAPTER 9 TO ADD A DEFINITION FOR FARMERS' MARKET; 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, national public health initiatives have endorsed the expansion of Farmer' Markets, particularly in urban environments, to allow more convenient access to healthier foods; and WHEREAS,Fort Worth currently regulates Farmers' Markets as outdoor sales which are permitted only in Industrial Districts; and WHEREAS, Farmers' Markets should be located where they can be easily accessed by the public; and WHEREAS, the size of Farmers' Markets in neighborhood commercial areas should be regulated to ensure that they do not change the character of the neighborhood commercial area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS Ordinance No.20666-03-2013 Page 1 of 4 SECTION l. Chapter 4, Article 8 and l2, o[Ordinance No. l309h` the Zoning Ordinance o[the City o[ Fort VVodb, Sections 4.803, "Nonresidential District Use Tnblc" and 4.1202 ^^Ducx", is bcn:by amended to odd ^^Fuooun` \4urke1" under the o*]umm heading "Retail Sales and Sxrvioc", to allow as aporminod use in cocumnuioJ zoning districts: "E" through "D", arid to unioud Section 4.1200 "Form-Based Use Table" to allow as a permitted use in mixed use zoning district"MU-1, and ioadd urefe,eucc in the "Supplemental Standards" column to the new 800hoo 5.145. SECTION 2. Section 6.201 "Off Street Parking" of Chapter 6 "Development Standards" of Ordinance No. 13896, the Zoning ()nJinonom of the City ofFort Worth, is hereby arneoded to add parking requirements for Farmers' Markets, to read as follows: 6'201 Off Street Parking B. Required Off-Street parking Use Requirement COHMERCIAL Farmers' Markets spaces per table/booth SECTION 3, Chapter 5 "Stipp]eroeotu\ Use Standards"o[{)rdiomnoe Nn 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 1, "Standards for Selected Uses" to add Section 5.145 ^^Fonmcrs` Market"toread as follows: 5.145 U7urmmora^ Market. Fnrrnnzs` Markets in the ^`E"Neighborhood Cocnnuorcio) District arid the"MU-I" Low Intensity Mixed Use District shall have no more than ten (10) vendors or a sales area o[no greater than 2,000 square feet. Ordinance No.20666-03-2013 Page 2of4 SECTION 4' Chapter 9 ^Definitions" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to add u definition for Farmers' Market to zcod as follows: Farmers' Market: nueaou an outdoor marketplace for the distribution and mo|e of food products directly to 000sunzora that are grown, made and offered for no|« by the producing farmers and including unique products and goods created and sold hy local artisans, not to include mass produced products. SECTION 5' This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City ofFort Worth, Texas (1986)` ua amended, except where the provisions nfthis 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 6. It is borohy declared to be the intention of the City Council that the sections, puzugrupbu' sentences, clauses and obruoco of this ordinance are severable, and, if any phrase, clause, moutcoce` paragraph or section of this onJiouotc aboi| 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, xcoieocco` paragraphs and acoh000 of this oodi000ce, since the same would have been enacted by the City Council without the incorporation iu this ordinance ufany such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Any person, 6rru, or corporation, who violates, disobeys, omits, uog|ccto or refuses to Ordinance No. I0066-03-2013 Pa�^3 of comply with o« who resists the enforcement nfany of the provisions of this ordinance ubaD be fined not more than Two Thousand I]o|bo ($2,000.00) for each offense. Each day that u violation exists shall constitute u separate offense. SECTION 8' All rights and ncroediou of the City of Fort Worth, Texas, are expressly saved astoany and all violations of the provisions of Ordinances No. 3011, 13846 and any other ordinances affecting zoning which have accrued oL the time ofthe effective date of this ordinance, and, uoto such accrued violations and all pending litigation, both civil and criminal, vvbeiber pending in court or not, under such ordinances, uuroo obo|| not he affected by this ordinance but may he prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is becehT 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' All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain infull force and effect. SECTION 11. 'Ibis ordinance shall take effect upon adoption and publication as required by law. APPROVED Assistant Clity Attorney ADOPTED: I'll, I Ordinance No. 70666-03'20|3 Page of