HomeMy WebLinkAboutOrdinance 15912ORDINANCE NUMBER ~ "I ~ ~~
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 5.406.C.15 TO
ALLOW THREE MOBILE VENDING UNITS AT LARGE GROCERY
STORES WITH SPECIAL EXCEPTION APPROVAL BY THE BOARD
OF ADJUSTMENT PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE PROVIDING
A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on September 17 2002 the City Council adopted Ordinance Number 15429
amending Section 5 406 of the Zoning Ordinance to provide continuity between the health and
zoning provisions of the City Code as they relate to mobile vendors,
WHEREAS, the current Zoning Ordinance prohibits more than one mobile vending unit
per individual tract, parcel or platted lot;
WHEREAS, the City Council received a request to expand the number of mobile vendors
allowed to operate at large grocery stores,
WHEREAS, the City Council of the City of Fort Worth now wishes to amend the Zoning
Ordinance to address the number of mobile vendors allowed on an individual tract, parcel or
platted lot on which a large grocery store is located.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 5 Article 4 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
Worth, Subsection C 15 of Section 5 406 `Mobile Vendors" is amended to read as follows.
5.406 Mobile Vendors
C. OPERATIONAL REQUIREMENTS
15 No more than one mobile vending unit per individual tract, parcel
or platted lot shall be allowed. A maximum of three mobile
vending units shall be allowed on an individual tract, parcel or
platted on which a grocery store with a footprint exceeding 50,000
square feet is located as a special exception by the Board of
Adjustment, provided, however that m granting any such special
exception, the Board shall consider the following:
1 The reason for the request;
2. The number of available parking spaces on the lot;
3 Whether an increase number of mobile vending units would
be compatible with the existing use and permitted
development of adjacent properties, and
4 Any other issues the Board of Adjustment considers to be
relevant.
SECTION 2.
Except as expressly amended, all provisions of the Ordinance No. 13896, as amended,
shall remain m full force and effect.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code aze hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, pazagraphs,
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 junsdiction, 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
2
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 Ordinance No. 3011 Ordinance No 13896 or 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 m court or not, under such ordinances, same shall not be affected by this ordinance but
maybe prosecuted until final disposition by the courts.
SECTION 7
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as
authonzed by V T C.A. Local Government Code Subsection 52.013
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, Cit~~y/~/Attorn y
BY• G~ ~-~! ~-..
Assis City Atto`rn~ey
ADOPTED• ~~ `~ ~ T
EFFECTIVE m(~t~' 1 ~ ~,1~
3