HomeMy WebLinkAboutOrdinance 20752-05-2013 ORDINANCE NO. 20752-05-2013
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 ARTICLE 1 "STANDARDS
FOR SELECTED USES", OF CHAPTER S, "SUPPLEMENTAL USE
STANDARDS," SECTION 5.406 "MOBILE VENDORS" SUBSECTION
C.13 "OPERATIONAL REQUIREMENTS" TO ALLOW MORE THAN
ONE MOBILE VENDING UNIT PER INDIVIDUAL TRACT, PARCEL
OR PLATTED LOT IN THE NEAR SOUTHSIDE ZONING DISTRICT
WITH APPROVAL BY THE URBAN DESIGN COMMISSION;
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, the Near Southside is a mixed use area that desires a diverse environment that
includes an increased interest and demand for access to mobile food vending units (aka food trucks)
for a variety of food selection; and
WHEREAS, the Zoning Ordinance currently permits one mobile vending unit per lot
when not part of a Mobile Vendor Food Court; and
WHEREAS, the City finds it to be in the public interest and general welfare to amend the
Zoning Ordinance provisions governing mobile vending within the Near Southside;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1.
Chapter 5 "Supplemental Use Standards" of Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, is hereby amended to revise Article 1, "Standards for Selected Uses"
to amend Section 5.406 "Mobile Vendors", Subsection C.13 "Operation Requirements" to read
as follows:
5.406 Mobile Vendors
C. Operational Requirements
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ll Nonnorethan one (1) Mobile Vending Unit per individual tract, parcel or platted
|o1 shall be allowed, provided however this shall not apply to Mobile Vendor
Food Courts.
u. /\ rooxinnuzo of three (3) Mobile \/cudiog Units shall be allowed on an
individual tract, yuroe1 or platted on which a grocery store with n footprint
exceeding 60,000 square feet is located as u special exception by the Board of
Adjustment, provided, however, that in granting any such special exception,
the Board shall consider the following:
I. The number of available parking spaces on the lot;
ii. VVbeibcr an increased number of Mobile Vending Units would be
compatible with the existing use and permitted development of adjacent
properties, and
iii. Any other ios000 the Board of Adjustment considers to be relevant.
b. More than one Mobile Vending Unit aba|\ be allowed on an individual tract,
poruci or platted located within the Near Soutbaidu Zoning District with u
design plan approved by the Drhoo Design Commission. The Commission
shall consider the following:
i. The uuruhor of available parking spaces on the lot and other parking areas
within uV4roUoof the property;
ii. Whether an increased number of Mobile Vending lJoitn would be
compatible with the existing use and permitted development ofadjacent
properties, and
iii. Any other issues the Urban Ucmigo Corunnisoino considers to be relevant.
SECTION 2'
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (lP86), uo 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 3.
It iu hereby declared tnhe the intention of the City Council that the sections, paragraphs,
sentences, o\uuocs and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance mhu|i be declared unconstitutional bythe valid
ud§pomot or decree of any court of competent jurisdiction, such unconstitutionality aba|| not
affect any of the remaining ohzuscn, o|uuseo` sentences, paragraphs and mcodoua of this
Ordinance No 20752-05-2013
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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 4.
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 5.
All fights 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 6.
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 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
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SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
PP}l()V D AS TO FORM AND LEGALITY:
Melin(fa Ramos, Assistant City Attorney
ADOPTED: May 14, 2013
EFFECTIVE:
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