Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

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1 Ordinance No. An ordinance amending the Unified Development Code Chapter of the Code of the City of Arlington, Texas, 1987, through the amendment of Article 3, Use Standards, Section 3.3.4, Use Tables for Accessory Uses and Structures, Subsection (B), Accessory Uses Non- Residential and Mixed Use Districts, relative to the addition of the Mobile Food Establishment to the permitted list of accessory use types; through the amendment of Section 3.3.6, Supplemental Accessory Use Standards, relative to the addition of Subsection (N), providing for supplemental accessory use standards for mobile food establishments; through the amendment of Article 10, Review Procedures, Section , Specific Use Permits (SUP), Subsection (H), Scope of Approval, relative to the repeal of five-year anniversary reviews of Specific Use Permits for gas well drilling; through the amendment of Article 12, Definitions, Section , Accessory Uses and Structures, relative to the addition of a definition of mobile food establishment; providing for a fine of up to $2, for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date WHEREAS, after notice and public hearing on January 4, 2016, the Planning and Zoning Commission heard and recommended amendment to the Unified Development Code Chapter of the Code of the City of Arlington, Texas, 1987, as amended; and WHEREAS, after notice and public hearing, and upon consideration of the recommendation of the Commission and of all testimony and information submitted during the public hearing, the City Council has determined that it is in the best interest of the public and in support of the health, safety, morals and general welfare of the citizens that the amendments relative to the Unified Development Code Chapter be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

2 1. That the Unified Development Code Chapter of the Code of the City of Arlington, Texas, 1987, Article 3, Use Standards, Section 3.3.4, Use Tables for Accessory Uses and Structures, Subsection (B), Accessory Uses - Non-Residential and Mixed-Use Districts, is hereby amended by the addition of "Mobile Food Establishment" as a use type in Table Said Table shall be and read as follows: TABLE 3.3-2: Accessory Uses Non-Residential and Mixed-Use Districts P = Permitted Use S = Specific Use Permit * = Supplemental Standards Apply Use Type LO OC NC CC GC HC DB BP LI IM NMU RMU Use Standards Accessory building (not listed below) Accessory use (not listed below) P* P* P* P* P* P* P* P* P* P* P* P* A P* P* P* P* P* P* P* P* P* P* P* P* A Alternative energy system P* P* P* P* P* P* P* P* P* P* P* P* B Caretaker s quarters P P P P P P P P P P C Community center (private) P P P Customarily incidental use P P P P P P P P P P P P E Electric vehicle charging station P P P P P P P P P P P P Garage apartment P P P F Garage (private) P* P* P* P* P* P* P* P P P P P G Home-based business P* P* P* H Mobile Food Establishment P* P* P* P* P* P* P* P* P* P* P* P* N Outside display and sales P* P* P* P* P* P* P* P* P* P* I Outdoor storage P* P* P* P* P* P* J Recycling collection center S* S* P* P* K Sidewalk cafe P P P P P P P P P P P P M Swimming pool (private) P P P Transit passenger shelter P P P P P P P P P P P P Further, Article 3, Use Standards, Section 3.3.6, Supplemental Accessory Use Standards, is hereby amended by the addition of Subsection (N) so that said Subsection 3.3.6(N) shall be and read as follows: (2)

3 N. Mobile food establishment A mobile food establishment shall only be permitted in the following use districts: 1. Downtown Business (DB); and 2. Any non-residential or mixed-use zoning use district located within the Downtown Neighborhood Overlay (DNO). Provided, that the accessory use shall only exist concurrently with a certificate of occupancy permitted in said zoning use districts with an underlying land use for one of the following: 1. Restaurant; 2. Bar; 3. Microbrewery, microdistillery, or winery; and 4. Theatre. If the underlying land use ceases to operate for any reason, the certificate of occupancy for a mobile food establishment operating in connection with the property shall expire automatically without any formal action required by the City. Further, that Article 10, Review Procedures, Section , Specific Use Permits (SUP), Subsection (H), Scope of Approval, shall be amended so that Subsection (H), shall be and read as follows: H. Scope of Approval 1. Amendment To Specific Use Permit The Zoning Administrator may approve building permits and other permits subsequent to approval of an SUP that substantially comply with the ordinance approving the SUP. 2. Effect of Approval or Denial See Section Cancellation and Revocation through Inactivity a. Specific Use Permits for uses other than gas well drilling shall be cancelled and revoked, and be of no effect two years after the date of approval, unless a building permit or a Certificate of Occupancy for the designated specific use has been issued within the two year period. The City Council may, in the adopting ordinance, provide an alternative expiration period. b. Specific Use Permits for gas well drilling shall be cancelled and revoked, and be of no effect two years after the date of City (3)

4 Council approval, unless a gas well permit has been issued and drilling has commenced. c. Repealed per UDC update on {insert date of second reading}. Further, that Article 12, Definitions, Subsection , Accessory Uses and Structures, shall be amended by the addition of Subsection (R), so that said Subsection (R) shall be and read as follows: R. Mobile Food Establishment A mobile food establishment, commonly referred to as a "food truck", is a vehicle-mounted food service operation designed to be readily movable. A mobile food establishment shall be capable of immediate mobility by use of a licensed motor vehicle. This definition shall include the term "mobile food unit" under state law, including the Texas Food Establishment Rules, or its successor statute. 2. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all (4)

5 personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington. 7. The caption and penalty of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, Texas, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. This ordinance shall become effective ten days after first publication. 8. PRESENTED AND GIVEN FIRST READING on the day of, 2017, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the day of, 2017, by a vote of ayes and nays at a regular meeting of the City Council of the City of Arlington, Texas. ATTEST: W. JEFF WILLIAMS, Mayor MARY W. SUPINO, City Secretary (5)