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Ordinance No CITY OF FORNEY, TEXAS ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 1085, AS AMENDED, BY AMENDING ARTICLE IV, “USE REGULATIONS,” SECTION 37, “USE REGULATIONS (CHARTS),” BY ADDING VARIETY STORE; BY AMENDING ARTICLE V, “DEVELOPMENT STANDARDS,” SECTION 47, “SPECIAL REGULATIONS FOR CERTAIN TYPES OF USES,” ADDING REGULATIONS FOR A VARIETY STORE; BY AMENDING ARTICLE V, “DEVELOPMENT STANDARDS,” SECTION 49, “DEFINITIONS,” AMENDING THE DEFINITION FOR GENERAL RETAIL STORES, DELETING THE DEFINITION FOR RETAIL SHOP AND ADDING DEFINITIONS FOR GROCERY STORE AND VARIETY STORE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Forney, Texas (“City”) is a home-rule city possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the Home Rule Charter for the City of Forney, Texas; and WHEREAS, a public hearing was held before the Planning & Zoning Commission and a public hearing was held before the City Council, after due notice thereof was had in accordance with the Comprehensive Zoning Ordinance of the City of Forney, Texas (“Zoning Ordinance”); and WHEREAS, at such public hearings all persons having any interest in doing so were afforded an opportunity to be heard concerning the proposed zoning text amendments; and WHEREAS, the City Council further finds and determines that the proposed amendments to the Zoning Ordinance are in the best interest of the health, safety, morals, and general welfare of the City of Forney, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, THAT: Section 1. FINDINGS INCORPORATED The above recitals are hereby found to be true and correct legislative determinations and are hereby incorporated into the body of this Ordinance as if fully set forth herein. Section 2. AMENDMENT OF ARTICLE IV, “USE REGULATIONS,” SECTION 37, “USE CHARTS,” OF THE ZONING ORDINANCE TO ADD VARIETY STORE From and after the effective date of this Ordinance, Article IV, “Use Regulations,” Section 37, “Use Regulations (Charts),” Section 37.2, “Use Charts,” of the Zoning Ordinance is hereby Page 1 of 4 amended to add “Variety Store” in the Retail Uses section and to amend “Retail Store (Misc.)” to “General Retail Store” to read in pertinent part as follows: Types of Land Uses 8 6 15 20 15 11 - - PH - - - - - C O LI 2F NS AG GR MH MU SFA CBD SF SF SF SF SF MF SF Variety Store (See Sec. 49 location C C C C C C requirements) General Retail Store P P P P P P Section 3. AMENDMENT OF ARTICLE V, “DEVELOPMENT STANDARDS,” SECTION 47, “SPECIAL REGULATIONS FOR CERTAIN TYPES OF USES,” OF THE ZONING ORDINANCE BY ADDING REGULATIONS FOR A VARIETY STORE From and after the effective date of this Ordinance, Article V, “Development Standards,” Section 47, “Special Regulations for Certain Types of Uses,” of the Zoning Ordinance is hereby amended to create Section 47.12 to provide regulations for Variety Stores to read in pertinent part as follows: 47.12 VARIETY STORES: A. Variety Stores are prohibited unless the proposed use is located more than 5,000 feet from another variety store, whether or not the other variety store is located within the city limits of Forney. B. Incidental outdoor display is prohibited at all variety stores. C. If located at least 5,000 feet from another variety store, this use is permitted by conditional use permit (“CUP”) only. In addition to the criteria for a CUP set forth in Section 34b, when reviewing a request for a CUP for a variety store, the City Council shall consider: a. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use. b. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention. c. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application. D. A CUP approved under this section must stipulate that a minimum of 10 percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products. Page 2 of 4 Section 4. AMENDMENT OF ARTICLE V, “DEVELOPMENT STANDARDS,” SECTION 49, “DEFINITIONS,” OF THE ZONING ORDINANCE BY AMENDING THE DEFINITION FOR GENERAL RETAIL STORES, DELETING THE DEFINITION FOR RETAIL SHOP (FOR APPAREL, GIFTS, ACCESSORIES AND SIMILAR ITEMS), AND ADDING DEFINITIONS FOR GROCERY STORE AND VARIETY STORE From and after the effective date of this Ordinance, Article V, “Development Standards,” Section 49, “Definitions,” Section 49.1 of the Zoning Ordinance is hereby amended to amend the definition for General Retail Stores, to delete the definition for Retail Shop (For Apparel, Gifts, Accessories, and Similar Items), and to create definitions for Grocery Store and Variety Store, and to assign the appropriate numbering of definitions caused by the addition of the new definitions. To read in pertinent part as follows: GENERAL RETAIL STORE – This includes retail stores which do not meet other definitions of this Zoning Ordnance and sell primarily new merchandise including but not limited to apparel and accessories, furniture and home furnishings, small wares, small appliances and hardware. Department stores are an example of this type. GROCERY STORE – A retail store where a minimum of 50 percent of the floor area or more than 25,000 square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products and prepacked foods. VARIETY STORE – Commonly referred to as a “Dollar Store,” a retail store that sells a wide variety of small and inexpensive items, as defined by “A Planner’s Dictionary” published by the American Planning Association. Section 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the words, phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any word, 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 words, phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional word, phrase, clause, sentence, paragraph or section. Section 6. SAVINGS CLAUSE The Comprehensive Zoning Ordinance of the City of Forney, Texas, Ordinance No. 1085, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance. Section 7. REPEALER CLAUSE Any provision of any prior ordinance of the City, whether codified or uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City, whether codified or uncodified, which are not in conflict with the provisions of this Ordinance shall remain in full force and effect. Page 3 of 4 Section 8. PENALTY CLAUSE Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense. Section 9. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. PASSED, APPROVED AND ADOPTED by the City Council of the City of Forney, Texas, on this the ____ day of ____________, 2019. ____________________________________ Mary Penn, Mayor ATTEST: _________________________________ Dorothy Brooks, TRMC, CMC, City Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Jon Thatcher City Attorney Page 4 of 4 .
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