HomeMy WebLinkAboutOrdinance 25955-01-2023 ORDINANCE NO. 25955-01-2023
AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (2015), TO AMEND ARTICLES 8 AND
12 RESPECTIVELY OF CHAPTER 4, "DISTRICT REGULATIONS,"
SPECIFICALLY SECTION 4.803, "NONRESIDENTIAL DISTRICT USE
TABLE"AND SECTION 4.1203,"FORM-BASED DISTRICT USE TABLE"
TO PROVIDE FOR ZONING DISTRICTS WHERE A "RETAIL SMOKE
SHOP" IS ALLOWED; TO AMEND ARTICLE 1, "STANDARDS FOR
SELECTED USES" OF CHAPTER 5, "SUPPLEMENTAL USE
STANDARDS" TO ADD REGULATIONS FOR RETAIL SMOKE SHOP;
AND TO AMEND CHAPTER 9, "DEFINITIONS"TO ADD A DEFINITION
FOR "RETAIL SMOKE SHOP"; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 21, 2007, the City Council adopted Ordinance No. 17719 to
prohibit smoking in public spaces such as restaurants, bars in restaurants and office buildings, as
well as within 20 feet of a primary entrance/exit of a regulated facility (the Smoking Ordinance);
and
WHEREAS, on December 12, 2018, the City Council further amended the Smoking
Ordinance so prohibit smoking in bars and bingo parlors and prohibit retail smoke shops within
300 feet of schools, universities and hospitals; and
WHEREAS,the Zoning Ordinance does not have a use category for"Retail Smoke Shop"
to clarify that this type of use is separate from "retail" and to amend the use table to include the
use and where it is allowed;
WHEREAS, it is also advisable to amend the Zoning Ordinance to affirm the prohibition
of retail smoke shops within 300 feet of schools, universities and hospitals;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 9 " Definitions", Section 9.101 "Defined Terms" of Ordinance No. 21653, the
Zoning Ordinance of the City of Fort Worth,is hereby amended to add the definition"retail smoke
shop"to read as follows:
See. 9. 101 DEFINED TERMS.
RETAIL SMOKE SHOP. A store that derives 90%or more of its gross annual sales from the sale
of tobacco,cigarettes,smoking and electronic smoking devices,or related products and accessories
and does not sell alcoholic beverages for onsite consumption.
SECTION 2.
Article 8, "Non-Residential Use Table", Section 4.803 "Non-Residential District Use
Table", of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby
amended to add"Retail Smoke Shop"to the list of uses in the category "Retail Sales and Service"
with a"P"in"F"General Commercial, "G"Intensive Commercial,"H"Central Business District,
"I" Light Industrial, "J" Medium Industrial, and "K" Heavy Industrial zoning districts cells to
indicate that the use is allowed and amend the Supplemental Standards column for "Retail Sales
and Service"to add a reference to Section 5.152.
SECTION 3.
Section 4.1203, of Article 12, "Form Based Code District Use Table" of Chapter 4,
"District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth,
is hereby amended to add"Retail Smoke Shop"to the list of uses in the category"Retail Sales and
Service" with a "P" in all of the zoning districts cells with the exception of the "MU-I," "BU-
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RA," "TL-TR" and "TL-NB" zoning districts which should have empty cells to indicate the use
is not allowed; and amend the Supplemental Standards column for "Retail Sales and Service"to
add a reference to Section 5.152
SECTION 4.
Chapter 5, "Supplemental Use Standards", Article 1, "Standards for Selected Use", of
Ordinance No.21653,the Zoning Ordinance of the City of Fort Worth,is hereby amended to revise
Article 1 to add section 5.152 to provide development standards for retail smoke shop to read as
follows:
Sec. 5.152 RETAIL SMOKE SHOP.
Retail Smoke Shop may be permitted in accordance with the use tables in Chapter 4,
Articles 6, 8 and 12, provided however, retail smoke shops are prohibited within 300 feet of
schools, universities and hospitals. The measurement shall be in a direct line from the property
line of the proposed retail smoke shop to the property line of the existing schools, universities or
hospitals.
SECTION 5.
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 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,
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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 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 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 Ordinances No. 3011, 13896, 21653 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 9.
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.
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SECTION 10.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
A��l� Ja7a�rh2tte nnette S.Goodall(Jan 11.102115:36C T)
Melinda Ramos, Jannette S. Goodall,
Sr. Assistant City Attorney City Secretary
ADOPTED: January 10, 2023
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EFFECTIVE: '10
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