HomeMy WebLinkAboutOrdinance 20900-09-2013 ORDINANCE NO. 20900-09-2013
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 5.116A "HOME
OCCUPATION" TO PROVIDE THAT A COTTAGE FOOD
PRODUCTION OPERATION MAY SELL DIRECTLY TO THE
CONSUMER; 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, in 2011 the Texas Legislature passed Senate Bill (SB) 81 adopting
minimum standards for cottage food production operations and providing that cottage food
production operations may not sell through the internet; and
WHEREAS, in 2013 the Texas Legislature passed House Bill (HB) 970 further
regulating cottage food production operations to limit the control of local municipal governments
over home-based cottage food production operations and to prohibit the sale of certain products
through the internet, mail-order or by wholesale; and
WHEREAS, state law restricting the sale of these foods to such an individual's home has
created a conflict with the City's regulation of home occupations which does not allow direct
sales to the general public but does allow sales through phone, email, mail, internet or off-site
sales parties; and
WHEREAS, it is advisable to revise the regulations for home occupations to allow
home-based cottage food production operations to sell items as defined in Health and Safety
Code Section 437.001 (2-b) to the consumer;
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NOW, THEREFORE, BE0[ ORDAINED 0Y THE CITY COUNCIL OFTHE
CITY OF FORT WORTH, TEXAS
SECTION l.
Chapter "Supplemental Use Standards" o{Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, im hereby amended hn revise Article l, "Standards for Selected Uses",
Section 5.il6A"Home Occupations" subsection/\.5. to read aafollows:
5'116A Home Occupations
5. The direct ouJe of commodities, goods, v/arco' ouu1oia}o` rucrobuodioc or products to the
gnuccu} public is prohibited, however orders may hefilled on the premises to persons by
prior individual oral or written invitation or if placed earlier by u uomh000cr by phone,
cuad[ iotornet, or off-site sales parties. PoxdooLa from u cottage food production operation
as defined in the Texas 8ea|U` and Safety Code Section 437.001.C2-b\ may he sold
directly to the consumer.
SECTION 2'
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City o[Fort Worth, Texas (lo86), as amended, except where the provisions n[this Ordinance are
in direct conflict with the provisions of such ordinances and such Code, in vvbicb event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3'
|tio hereby declared \ohe the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, ood` if any phzoac, douau"
sentence, paragraph nr section ofthis ordinance shall bedeclared unxuoodtuhouui by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality abu|i not
affect any of the remaining phrases, u|uuaea, neutcooma" yuzugTupba and aootioom of this
Ordinance No. 20V0V'O9-20|J
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ordinance, since the mumo would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, o|ouae` sentence, paragraph
or section.
SECTION 4.
Any person, firm, or corporation, who violates, disobeys, ocuits, neglects or refuses 10
comply with or who resists the ontoz000nent of any of the provisions of this ordinance shall be
fined not more than Two ]'bonouud Dollars ($2,000.00) for each offense. Each day that u
violation oximLo abu|l constitute u separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations o[ the provisions nf Ordinances No. 30Il, }3098 and any other ordinances
affecting zoning which have accrued at the tirrie of the effective date of this ordinance, and, as to
such accrued violations and all pending litigation, both civil and ud/niva)' whether pending iu
court ornot, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition hy the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
oapdnu` penalty clause and effective date of this ordinance for two (2) days in the official
uev/apupec of the City of Fort Worth, Texas, as oodhndzod by Section 52.013, Itxuu l.ocu|
Government Code.
SECT ION 7.
All other provisions of the Zoning Ordinance of the City of Fort YYodb not benaiu
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.
APPROVED AS TO FORM AND LEGALITY: `°
< day Assistant City Attorney 1. Kayse , S)'crdVary
ADOPTED: SWLembg L10, 2O 13
EFFECTIVE:
Ordinance No. 20900-09-2013
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