HomeMy WebLinkAboutOrdinance 26445-09-2023ORDINANCE NO.26445-09-2023
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 CHAPTER 5, SUPPLEMENTAL USE
STANDARDS," ARTICLE I, "STANDARDS FOR SELECTED USES," TO
ADD SECTION 5.152 "BARS OR TAVERNS" TO CLARIFY WHEN A
CONDITIONAL USE PERMIT IS REQUIRED FOR A BAR OR TAVERN
IN THE HIGH INTENSITY MIXED USE ZONING (MU-2) DISTRICT AND
AMEND SECTION 4.1203 "FORM -BASED DISTRICT USE TABLE" TO
ADD A REFERENCE TO SUPPLEMENTAL USE STANDARD SECTION
5.152; 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, Chapter 211 of the Texas Local Government Code ("TLGC") authorizes the
governing body of a municipality to adopt zoning regulations to promote the public health, safety,
morals, or general welfare and protect and preserve places and areas of historical, cultural, or
architectural importance and significance; and
WHEREAS, Section 211.005 of the TLGC authorizes the governing body of a
municipality to divide the municipality into districts of a number, shape, and size that the
governing body considers best for carrying out the provisions of Chapter 211, General Zoning
Regulations, within which districts the governing body may regulate the erection, construction,
reconstruction, alteration, repair or use of buildings, other structures or land; and
WEHREAS, the MU-2, High Intensity Mixed Use Zoning District was created by the City
Council with the purpose and intent to provide areas in which a variety of higher density housing
types exist among commercial, institutional, and selected light industrial; and
WHEREAS, the MU-2 District is designed to accommodate and encourage a diversity of
compact, walkable development forms to provide desirable communities to live, work and play by
fostering a mix of land uses and density; and
WHEREAS, in order to balance area business types and avoid the over proliferation of
one use, it is recommended that the City Council amend the Comprehensive Zoning Ordinance to
require a conditional use permit overlay for bars and taverns 2,000 square feet or larger in the MU-
2 District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
Ordinance No. 26445-09-2023
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SECTION 1.
Chapter 5 "Supplemental Use Standards" of Ordinance No. 21653, the Zoning Ordinance
of the City of Fort Worth, is hereby amended to revise Article 1, "Standards for Selected Uses",
to add Section 5.152 "Bars or Taverns" to read as follows:
Sec. 5.152 BARS OR TAVERNS.
A bar or tavern may be permitted in the High Intensity Mixed- Use ("MU-2") District subject
to the following conditions:
(a) Bars or taverns 2,000 square feet or less are allowed by right in the MU-2 District.
(b) A conditional use permit shall be required if the bar or tavern is larger than 2,000 square
feet where alcohol is served or consumed.
(c) A bar or tavern that was lawfully in existence on the effective date of this section shall be
granted nonconforming status. The Building Official shall maintain a register of all
Certificates of Occupancy for bars and taverns made nonconforming after the effective date
of this section. The Building Official shall determine maximum occupancy allowed where
alcohol is served or consumed for nonconforming bars and taverns.
(d) Nonconforming status shall be retained when:
i. renewing a Texas Alcohol and Beverage Commission (TABC) permit or license;
or
ii. the sale or transfer of the business/premise requires a new TABC permit or license
is required; or
iii. maintaining, repairing or making alterations that do not exceed the occupancy
allowed in the registry maintained by the Building Official.
(e) Nonconforming status shall terminate when:
i. the TABC permit or license is terminated and a bona fide application for a new
license or permit is not filed with TABC within two years of the prior permit or
license expiration; or
ii. the use has been changed to a conforming use in the MU-2 District; or
iii. the use is altered or expanded such that the occupancy exceeds the maximum
allowed in the registry maintained by the Building Official; or
iv. restoration of a building destroyed by fire, explosion or other casualty, or act of
God exceeds 75% of the building's reasonable value.
SECTION 2.
Article 12, "Form -Based Code District Use Table," Section 4.1203, "District Use Table"
of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to
revise "Entertainment and Eating" "Bar, Tavern, cocktail lounge; club, private or teen, dance hall"
to add "CUP" and an asterisk to the "P" under the MU-2 column and add a reference to section
5.152 under the Supplemental Use column.
Ordinance No. 26445-09-2023
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SECTION 3.
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 4.
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 5.
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 6.
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
Ordinance No. 26445-09-2023
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or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 7.
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 8.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 9.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos,
Deputy City Attorney
ADOPTED: September 12, 2023
EFFECTIVESce_e,he.� OJ-�
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Jannette S. Goodall,
City Secretary
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Ordinance No. 26445-09-2023
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