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HomeMy WebLinkAboutOrdinance 1524909-18-02 A09 34 IN ORDINANCE NUMBER ~ ~ ~~ 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 CHAPTER 9 TO AMEND THE DEFINITIONS OF VENDORS TO CORRESPOND WITH THE HEALTH CODE; AMENDING SECTION 5.406 TO RENAME THE TITLE TO "MOBILE VENDORS", TO ESTABLISH REGULATIONS CONCERNING MOBILE VENDORS AND TO AMEND THE EXEMPTION PROVISION TO PROVIDE FOR EVENTS, ACTIVITIES AND FESTIVALS LASTING NO LONGER THAN FOURTEEN DAYS; 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, the City of Fort Worth has heretofore enacted provisions allowing mobile vendors to engage in business within the City as provided in Chapter 16 "Health and Sanitation" and the Zoning Ordinance in Appendix "A" of the Fort Worth City Code, WHEREAS, the current Zoning Ordinance prohibits the operation of certain mobile food vendors between the hours of 10 p.m. and 7 a.m., WHEREAS, the City Council received a request to expand the time mobile vendors are allowed to operate, WHEREAS, the City Council directed city staff to meet with mobile vendors and other interested parties to discuss issues relating to the operation of mobile vending units, WHEREAS, the City Council deems it necessary to place reasonable health, time, place and manner restrictions on mobile vendors in order to protect the safety and welfare of the citizens of Fort Worth, WHEREAS, in order to provide continuity between the health and zoning provisions of the City Code and to protect the safety and welfare of its citizens, the City Council of the City of Fort Worth now wishes to amend Zoning Ordinance to address the mobile vendor regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, Section 9 101, "Defined Terms," is hereby amended by adding definitions for "Commercially Manufactured Vehicle," "Vendor, Door- to-Door", "Mobile Vending Unit," "Potentially Hazardous Food," and "Non-Potentially Hazardous Food", to amend the titles of the definitions of "Vendor, Temporary Food" and "Vendor, Temporary Merchandise" by deleting the word "Temporary" and the words "for which a valid Vendor Certificate of Occupancy is issued", by amending the definition for "Vendor, Transient Food" and to delete the definitions of "Vendor, Potentially Hazardous Food", "Vendor, Non-Potentially Hazardous Food" and "Vendor, Transient Door-to-Door" to read as follows. 1 Commercially manufactured vehicle. A mobile vending unit originally manufactured as a mobile food vehicle to be used for the preparation of food which was manufactured by a person regularly in the business of manufacturing mobile food vehicles for sale. Commercially manufactured shall not include any vehicle that is converted or retrofitted to be a mobile food vehicle. 2. Food, Non-Potentially Hazardous. Food products that are not potentially hazardous, such as popcorn, pretzels, and nuts, and as further defined in Chapter 16, "Health and Sanitation" of the City Code of the City of Fort Worth. 3 Food, Potentially Hazardous. Natural or synthetic food products that require temperature control as further defined in Chapter 16, "Health and Sanitation" of the City Code of the City of Fort Worth. 4 Mobile Vending Unit: A vehicle establishment that is designed to be readily moveable and from which merchandise is sold or food is sold or served. The term includes, but is not limited to, a commercially manufactured vehicle. 5 Vendor, Door-to-Door A person who travels by foot or vehicle from door-to-door, house-to-house, building-to-building, or place-to-place, within the city, for the purpose of offering for sale, or soliciting orders for future delivery, of food, goods, services, or merchandise. 6 Vendor, Food. A food vendor that sells food products, either potentially hazardous or non-potentially hazardous, from an informal fixed location out of a vehicle that is pulled or is portable under its own power 2 7 Vendor, Merchandise. A merchandise vendor that sells merchandise products from an informal fixed location. 8 Vendor, Transient Food. A food vendor that sells food products, from a pushcart or out of a mobile vending unit that is pulled or is portable under its own power, for sale to the general public from an informal location, other than a public street or thoroughfare, for a period of not more than 60 consecutive minutes at any one location. SECTION 2. Chapter 5, Article 4, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 5 406 "Vendor, Itinerant" is amended to change the name to "1Vlobile Vendors" and to amend the provisions of Section 5 406 in its entirety to read as follows. Mobile Vendors A. REQUmED PER1vn'rS 1 Vendor Certificate of Occupancy a. All Food and Merchandise Vendors shall obtain a Vendor Certificate of Occupancy for each specified location where sales are to take place from a mobile vending unit. Except as otherwise provided herein, a Vendor Certificate of Occupancy is valid for one year from the date of issuance. b No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of the premises stating that the mobile vending unit has permission to occupy the premises where the mobile vending unit is located to sell merchandise, or sell or serve food. No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of each prerruses stating that the mobile vending unit has perrrussion to use a commercially plumbed restroom located on the premises where the mobile vending unit is located or without a restroom facility build in the mobile unit required by Chapter 16, "Health and Sanitation" of the City Code of the City of Fort Worth d. Vendor Certificate of Occupancy permits issued to mobile vending units located between 50 feet and 100 feet from any single farruly or multifarruly residential use are valid for six months from the date of its issuance. e. No Vendor Certificate of Occupancy will be issued to a Food Vendor without a Health Permit. 3 2. Health Permit. a. Food Vendors must obtain a permit from the Public Health Department to operate as a mobile vending unit. b Merchandise vendors are not required to obtain a health permit. 3 General Provisions. a. A Vendor Certificate of Occupancy may be denied if the mobile vendor fails to provide a valid vehicle registration, motor vehicle operator's license, proof of vehicle liability insurance, and a Texas Sales Tax Permit. b A Vendor Certificate of Occupancy is not transferable. c. The Vendor Certificate of Occupancy sticker must be displayed on the upper left rear area of the mobile vending unit in a conspicuous location. If such location is not practicable, the permit shall be located in a location approved by the Director of the Development Department or his assignee. B HOURS OF OPERATION 1 No mobile vending unit shall operate at any time between the hours of 2 a.m. and 7 a.m. 2. Transient Food Vendors may not stop for more than 60 consecutive rrunutes at any one location to sell or serve food. C. OPERATIONAL REQUIItEMENTS 1 Mobile vending units may only operate in locations as allowed by the Fort Worth Zoning Ordinance. 2. No mobile vending unit may operate within 50 feet from asingle-family or multi- family residential use. Single-farruly or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure. 3 Ail mobile vending units must park on an improved surface. 4 No mobile vending unit may be located on a vacant lot. 5 No mobile vending unit, displays of merchandise, seating, or temporary shelters may obscure traffic 4 6 No mobile vending unit shall be allowed to sell merchandise, sell, or serve food on any public street, sidewalk, or other public right-of-way 7 All mobile vending units shall be equipped with aself-closing lidded trash receptacle. The trash receptacle must be placed outside next to the mobile vending unit for use by the patrons of the unit. The area around the mobile vending unit shall be kept clean and free from litter, garbage, and debris. 8 The connection of a mobile vending unit to a source of electricity, water, and sewer at a mobile vending site is prohibited unless a permit has been obtained from the Development Department for each connection and the connection has been inspected and found to comply with city codes. Each permit shall be maintained m the mobile vending unit at all times and made available upon request by city personnel. 9 Merchandise and Food vendors shall remove the mobile vending unit daily from the property 10 All Food Vendors and Transient Food Vendors handling potentially hazardous food products shall report the mobile vending unit at least once a day to its designated comirussary for food, supplies, cleaning and servicing as required by Chapter 16, "Health and Sanitation" of the City Code of the City of Fort Worth. 11 Except as otherwise limited by this ordinance or other city codes, a vendor may utilize outside seating consisting of a portable table and a seating capacity of four 12. Except as otherwise limited by this ordinance or other city codes, a vendor may use amplified music, provided that such music shall not exceed a decibel level of 85 as measured by a decimeter or exceed a level which is unreasonable. 13 All mobile vending units handling or selling potentially hazardous food products must be a commercially manufactured vehicle as defined in Section 9 101, "Definitions" of the Zoning Ordinance and in Chapter 16, "Health and Sanitation" of the Fort Worth City Code. 14 Any mobile vending unit that is not a commercially manufactured vehicle as defined in Section 9 101, "Definitions" of the. Zoning Ordinance and in Chapter 16, "Health and Sanitation" of the Fort Worth City Code that is permitted after September 24, 2001 and before September 24, 2002 shall be allowed to operate as a legal non-conforming use for a period of five years, until September 24, 2007 15 No more than one mobile vending unit per individual tract, parcel or platted lot shall be allowed. 5 D ADDITIONAL REQUIItEMENTS FOR MOBII.E VENDING UNITS LOCATED WITHIN 100 FEET FROM A SINGLE FAMILY OR MULTIFAMILY RESIDENTIAL USE 1 No mobile vending unit may operate within 50 feet from a single family or multifamily residential use. Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure. 2. All mobile vending units between 50 feet and 100 feet from a single family or multifamily residential use must obtain the unanimous consent of all the owners of the single family or multifamily residential property within a one hundred (100) foot radius around the mobile vending unit. Consent from the property owners must be signed, notarized, and dated within 30 days from the date the vendor submits an application for a Vendor Certificate of Occupancy If the single family or multifamily residential property is not the pnmary residence of the owner, the resident or tenant of the property must give his or her consent. Measurement shall be deteriruned in a straight line (ignoring intervening structures) from closest point of the mobile vending unit to the closest point of the property line of the single farruly or multifarruly residential use. 3 No amplified music is allowed after 10 p.m. 4 No portable chairs and tables are allowed after 10 p.m. 5 The use of portable or vehicle mounted generators to supply electricity to a mobile vending unit is prohibited. E. ExEMPTIONS The provisions and requirements of Section 5 406 do not apply to. 1 All events/activities/festivals approved by the Board of Adjustment under Section 5 400 of the Zoning Ordinance entitled "Amusement, Outdoor (Temporary)", 2. All events/activities/festivals approved by City Council, and 3 All events/activities/festivals lasting no longer than fourteen consecutive days that are open to the public for the purpose of providing entertainment/food and/or sales of merchandise and are m conjunction with a single event or celebration. 6 SECTION 3 Chapter 4, Article 6 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, "Residential District Use Table", is amended by deleting "Vendor, Transient Door-to-Door", as a use by nght under Temporary Uses starting with the "A-43" One-Family District. SECTION 4. Chapter 4, Article 6 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, "Residential District Use Table", is amended by adding "Vendor, Door-to-Door" as a use by right under Temporary Uses starting with the "A-43" One-Family District. SECTION 5. Chapter 4, Article 8 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, "Nonresidential District Use Table", is amended by deleting "Vendor, Merchandise, Temporary," as a use by nght starting with the "I" Light Industrial District; "Vendor, Food, Non-Hazardous, both Temporary and Transient" as a use by right starting with the "E" Neighborhood Commercial District; "Vendor, Food, Potentially Hazardous, both Temporary and Transient" as a use by nght starting with the "F-R" Restricted Commercial District and "Vendor, Transient Door-to-Door", as a use by right starting with the "E-R" Neighborhood Restricted Commercial Distract. SECTION 6. Chapter 4, Article 8 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, "Nonresidential District Use Table", is amended by adding "Vendor, Door-to-Door" as a use by nght under Temporary Uses starting with the "ER" Neighborhood Commercial Resmcted District", "Vendor, Merchandise" as a use by right starting with the "I" Light Industnal District; "Vendor, Food, Non-Potentially Hazardous Food" and Vendor, Transient, Non-Potentially Hazardous Food" as a use by right starting with the "E" Neighborhood Commercial District; and "Vendor, Food, Potentially 7 Hazardous Food" and "Vendor, Transient, Potentially Hazardous Food" as a use by nght starting with the "F-R" Restricted Commercial District. SECTION 7. Except as expressly amended, all provisions of the Ordinance No. 13896, as amended, shall remain in full force and effect. SECTION 8. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), 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 9. 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 10. 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. 8 SECTION 11. All nghts 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 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 12. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 13. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney Assist t City Attorney ADOPTED• ~J'-- J-7- D Z EFFECTIVE. I -0~3-~~ --r 9 ~+