HomeMy WebLinkAboutOrdinance 14872ORDINANCE 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 ADD
DEFINITIONS OF VENDOR CERTIFICATE OF OCCUPANCY, FOOD
VENDORS, TEMPORARY VENDORS, AND TRANSIENT VENDORS,
AMENDING SECTION 5.406 TO ESTABLISH REGULATIONS
CONCERNING TEMPORARY VENDORS, AMENDING THE
RESIDENTIAL DISTRICT USE TABLE IN SECTION 4.603 TO ADD
VENDOR, TRANSIENT AS A USE BY RIGHT UNDER TEMPORARY
USES STARTING WITH THE A-43 DISTRICT, AMENDING THE NON-
RESIDENTIAL USE TABLE IN SECTION 4.603 TO ADD MOBILE
VENDORS UNDER THE TEMPORARY USES, TO EXEMPT ALL
EVENTS/ACTIVITIES/FESTIVALS APPROVED BY THE BOARD OF
ADJUSTMENT UNDER SECTION 5.400 OF THE ZONING ORDINANCE
ENTITLED "AMUSEMENT, OUTDOOR (TEMPORARY)", ALL
EVENTS/ACTIVITIES/FESTIVALS APPROVED BY CITY COUNCIL
AND ALL EVENTS/ACTIVITIES/FESTIVALS OPEN TO THE PUBLIC
FOR THE PURPOSE OF PROVIDING ENTERTAINMENT, FOOD
AND/OR SALES OF MERCHANDISE THAT LAST NO LONGER THAN
THREE 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
licensed itinerant vendors to engage m business wrthm the City as provided m the Fort Worth
City Code, Section 20-141, et seq ,
WHEREAS, m order to provide contmurty between the provisions in the City
Code, the City of Fort Worth now wishes to amend Zoning Ordinance to address rtmerant
vendors 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 a new definition for "Vendor, Certificate
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of Occupancy" to read as follows "For the purposes of Section 5 406, a Vendor Certificate of
Occupancy shall include a determination of the location of the vendor for verification of the
proper zoning, verification that the safety code requirements are met and submission of an
approval letter from the property owner, all applicable Health Department permits and sales tax
registration," by adding a definition for "Vendor, Potentially Hazardous Food" to read as
follows "A food vendor that sells natural or synthetic food products that require temperature
control as further defined m Title 25 of the Texas Administrative Code Section 229 162 (66)," by
adding a definition for "Vendor, Non-Potentially Hazardous Food" to read as follows "A food
vendor that sells food products that are not potentially hazardous", by adding a definition for
"Vendor, Temporary Food" to read as follows "A food vendor that sells food products, from an
informal fixed location out of a vehicle that is pulled or is portable under its own power, for
which a current Certificate of Occupancy is issued," to add a definition for "Vendor, Temporary
Merchandise" to read as follows "A merchandise vendor that sells merchandise products from
an informal fixed location for which a current Certificate of Occupancy is issued," by adding a
definition for "Vendor, Transient Food" to read as follows "A food vendor that sells food
products, from a pushcart or out of a vehicle that is pulled or is portable under its own power, for
sale to the general public from an informal location for a period not to exceed one hour" and by
adding a definition for "Vendor, Transient Door-to-Door" to read as follows "A merchandise or
food vendor that sells merchandise or food products, from a vehicle that is pulled or is portable
under its own power, for sale door-to-door "
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 read as follows.
A. Vendors as fisted m the Nonresidential Distract Use Table are permitted as a
temporary use only when the use is associated with and on the same lot as an established
business with a current Certificate of Occupancy, and subject to the following conditions
1 TEMPORARY MEROHANDISE VENDOR
a) Vendor Certificate of Occupancy issued for no more than 1 year for each
specified location where sales are to take place.
b) Removed daily from the property
c) Letter of approval required from the property owner
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d) Open display of merchandise permitted as long as it does not obscure
traffic visibility
2. TEMPORARY FOOD VENDOR, POTENTIALLY HAZARDOUS FOODS
a) Vendor Certificate of Occupancy issued for up to one year for each
specified location where sales are to take place.
b) Letter of approval from the property owner
c) Obtain the appropriate permit from the Health Department necessary to
operate as a mobile food unit.
d) Outside seating or temporary shelter is limited to a portable table and a
seating capacity of four
e) Hours of operation are limited to the hours between 7 a.m. to 10 p.m.
daily
3 TEMPORARY FOOD VENDOR, NON-POTENTIALLY HAZARDOUS FOODS
a) Vendor Certificate of Occupancy for one year for each location where
sales are to occur
b) Letter of approval to use the property from the property owner
c) Obtain the appropriate permit from the Health Department necessary to
operate as a mobile food unit.
d) Outside seating or temporary shelter is limited to a portable table and a
seating capacity of four
B Vendors as fisted m the Residential and Nonresidential Distract Use Tables are
permitted as a temporary use subject to the following conditions.
1 TRANSIENT FOOD VENDORS
a) Not required to operate as an accessory use to an existing business.
b) Limited to one-hour duration m a single location.
c) Health Department permit, if required.
C The following are exempt from the provisions and requirements of this Section.
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 three days that are
open to the public for the purpose of providing entertamment/food and/or
sales of merchandise.
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SECTION 3
Chapter 4, Article 6 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth,
"Residential Distract Use Table", is amended by adding "Vendor, Transient Door-to-Door", as a use by
raght under Temporary Uses starting with the "A-43" One-Family Distract.
SECTION 4.
Chapter 4, Article 8 of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth,
"Non Residential Distract Use Table", is amended by adding "Vendor, Merchandise, Temporary" as a
use by right starting with the "I" Light Industraal Distract; "Vendor, Food, Non-Hazardous, both
Temporary and Transient" a use by raght starting with the "E" Neighborhood Commercial Distract;
"Vendor, Food, Hazardous, both Temporary and Transient" a use by raght starting with the "F-R"
Restncted Commercial Distract and "Vendor, Transient Door-to-Door", a use by raght starting with the
"E-R" Neighborhood Restracted Commercial Distract.
SECTION 5.
Except as expressly amended, all provisions of the Ordinance No 13896, as amended,
shall remain in full force and effect.
SECTION 6.
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, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 7
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
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judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not
affect any of the remamrng 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 ordinaance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 8.
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 consht~zte a separate offense.
SECTION 9
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 zonm;g which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending hhgation, 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 10.
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
authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 11.
That this ordinance ~~hall be in full force and effect from and after the date of its passage
and publication as required by law, and rt is so ordained.
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APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
Assist City Attorney
ADOPTED // -~~ O/
EFFECTIVE ~~c _ ;' ,~ ° L~/