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0419 TEXAS, RELATING TO THE SALE OF CERTAIN SEASONAL ITEMS ON PROPERTY NOT ZONED TO PERMIT SUCH SALES; PROVIDING DEFINITIONS; PROVIDING FOR ISSUANCE OF TEMPORARY PERMITS FOR THE SALE OF SEASONAL ITEMS; PROVIDING FOR AN APPLICATION; PROVIDING FOR PAYMENT OF A FEE; ESTABLISHING CERTAIN MINIMAL REQUIRE- MENTS; ESTABLISHING PERMITTED LOCATIONS; PROVIDING FOR THE NONTRA/~SFERABILITY OF PERMIT; PRESCRIBING MANNER OF CONDUCTING BUSINESS; REQUIRING RESTORATION OF LOCATION AND REMOVAL OF STRUCTURES AND DEBRIS; PROVIDING FOR DENIAL OR REVOCATION OF PERMIT; PROVIDING FOR APPEAL; PROVIDING A PENALTY OF FINE OF NOT TO EXCEED FIVE HI/NDi{ED DOLLARs ($500.00) FOR A VIOLATION OF ANY SECTION OF THIS ORDINANCE AND EACH DAY ON WHICH A VIOLATION OCCURS SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; WHEP~EAS, the City Council has determined that the sale of certain seasonal items on property that is not zoned to permit or allow such sales could be considered on a temporary basis due to the temporary and seasonal nature of the use, in accordance with Section 5.18 of Ordinance No. 334, the Zoning Ordinance of the City of Southlake, Texas as amended (the "Zoning Ordinance"); and ' WHEREAS, the City Council, by passage of this Ordinance does not create a property right in anyone to conduct sales of seasonal items; and WHEREAS, any party filing an application for a permit pursuant to ~his Ordinance shall acknowledge on the face of the application that any property owner has a right to request a permanent rezoning of the owner's property under the zoning category that permits and allows such sales and that no vested property rights are available under this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. pefinitions. For the purposes of this Ordinance the following terms shall have the meanings herein assigned to them. Applicant - shall mean a natural person acting on his or her own behalf, or a natural person acting as the authorized representative of a corporation, partnership, association ~r other group or entity and signing an application on behalf of such corporation, partnership, association or other group or entity, for a permit to offer for sale and sell Seasonal Items in accordance with the terms and provisions of this Ordinance. City - shall mean the City of Southlake, Texas. City Manaqer - shall mean the City Manager of the City or his or her designated representative. Seasonal Items - shall mean goods offered for sale on a short term or seasonal basis and shall include Christmas trees, firewood and snow cones. "Seasonal Items" shall not include items such as furniture, clothes, vehicles, farm and garden equipment and tools, pottery, statues, decorator items, fencing, lumber, building supplies, toys, animals or livestock. SECTION 2. Permit Required; Application. (a) It shall be unlawful for any person, corporation, partnership, association or other entity to conduct the indoor or outdoor sale of Seasonal Items without first obtaining a permit from the City Manager. (b) Each Applicant shall file an application on the form prescribed by the CiTy Manager. The City Manager shall issue a permit as provided and subject to the conditions imposed herein within five (5) business days following submission of a properly completed application form for the sale of Seasonal Items and payment of the fee required by Section 3 hereof. (c) Each application shall contain the following information: (i) Legal name, address and phone number of applicanT. (ii) Legal description of lot, tract or parcel of land and the street address of the proposed indoor or outdoor sales location. (iii) Legal name, address and phone number of the owner of the property. (iv) Existing zoning on subject tract. (v) for sale. A description of the items to be offered -2- (vi) A plot plan showing the location of the sales area and sales office on the property, and the zoning and land use of all property within 200 feet of the subject property. (vii) Proposed hours of operation. (viii) History of permits issued in past. (ix) Any additional information that Manager may require to evaluate the application. the City SECTION 3. Fee. Upon the filing of the application, the Applicant shall pay the sum of $ 25.00 to the City as a fee to defray the cost of investigating and evaluating the application and issuing the permit. SECTION 4. Minimum Requirements. Outside sales of Seasonal Items shall not be permitted on or within the required front yard, driveways, street right-of- ways, easements, required parking areas, or fire lanes on the property. Seasonal Items may not be placed inside a structure so as to obstruct exits or exit ways. The permit shall be clearly displayed within the sales location at all times. SECTION 5. Permitted Locations. A permit shall be issued only with respect to property permanently zoned for one of the following District uses in accordance with the Zoning Ordinance of the City, as from time to time amended: (b) (c) "AG" Agricultural District; "CS" Community Service District; "Ri" Retail One District District; (d) "R2" Retail Two Districts; (e) "I-l" Industrial One District; and (f) "1-2" Industrial Two District. SECTION 6. Term. A permit shall be granted ninety (90) days. for a period of not to exceed -3- 0190L/25 SECTION 7. Permit Not Transferable. Any permit issued hereunder assignable and is deemed ipso facto, change in ownership or management of Seasonal Items for sale. is not transferable or cancelled and revoked upon the establishment offering SECTION 8. Manner of Conductinq Business. The Applicant shall operate and conduct the business relating to the sale of Seasonal Items for which a permit is issued in a manner which is consistent with the protection of the public health, safety, morals and general welfare and shall comply with any and all City Ordinances or State laws pertaining to the public health, safety, morals and general welfare. SECTION 9. Restoration Structures and Debris. of Location~ Removal of The Applicant, by acceptance of a permit, agrees to and shall be responsible for restoring the site to its condition prior to its use for Seasonal Sales. The Applicant shall remove all temporary structures, furnishings and debris associated with the sale of Seasonal Items. SECTION 10. Denial or Revocation of Permit. (a) The City Manager may deny or revoke a permit for any of the following reasons~ (i) A material misstatement or misrepresentation made by an Applicant for the purpose of obtaining a permit. (ii) Sales location is not located within the permitted zoning Districts pursuant to Section 5 hereof. (iii) Failure to operate the business for which a permit is issued in a manner consistent with the protection of the public health, safety, morals and general welfare. (iv) Operation of the business in such a manner as to create a public nuisance or hazard to the public health and safety. (v) Failure to comply with all and State laws pertaining to the public morals and general welfare. City Ordinances health, safety, -4- (vi) Failure of the Applicant to pay the fee prescribed in Section 3 hereof or to pay fines assessed pursuant to Section 12 hereof. SECTION 11. Riqht of Appeal. An Applicant may appeal any decision of the City Manager to deny or revoke a permit under this Ordinance to the City Council by filing a written appeal with the City Manager within five (5) business days of receipt of notification of the decision. The decision of the City Council shall be final and shall not be subject to further rev!ew. SECTION 12. Violation: Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed five hundred dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 13. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 14. Effective Date This Ordinance shall become effective and be in full force and effect from and after its passage as required by law. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COLONiaL OF ~HE CITY OF SOUTHLAKE, TEXAS ON THIS THE ~ DAY OF -5- 0190L/]0 PASSED AND APPROVED ON THE SECOND READING BY COUNCI~L ~DF THE CITY OF SOUTHLAKE, TEXAS ON THIS THE CITY DAY APPROVED AS TO FORM: -6- - %CE.E77-.1,/,:q MAR 2 1988 OFFICE OF THE STATE OF TEXAS CITY SECRETARY County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: ORNCEFebruary 26 , 1988 AN ORDINANCEOFO.419 THE CI-I TYOFSOUTHLAKE TEXAS R ELATI NG TO TH E SALE OF am & pm ON PROPERTY NOT ZONED TO PERMIT SUCH SALES; PROVIDING DEFINITIONS; j PROVIDING FOR ISSUANCE 1 OF TEMPORARY PERMITS , FOR THE SALE OF SEASON- ; AL ITEMS;PROVIDING FOR c AN APPLICATION•PROVID- j ING FOR PAYMENT OF A I FEE• ESTABLISHING CER- . TAIIf MINIMAL REQUIRE- ' Signed GL MENTS• ESTABLISHING PERMITTED LOCATIONS; PROVIDING FOR THE NON- Subscribed and sworn to before me, this the 2 TRANSFERABILITY OF C PERMIT; PRESCRIBING ary 1988 MANNER OF CONDUCTING - 3 BUSINESS; REQUIRING - Notary Public TTR ON ANDTIREMOVALOOF STRUCTURES AND j DEBRIS; PROVIDING FOR . Texas, ENIAL OR REVOCATION ' OR PROVIIDING Debra MorA PENALTY APPEAL; F FINE OF , LIQTTOEXCEED FIVE HUN- . Illy COmIIliSFDDRRRD VDOLLARS(SsnNY 10-23-91 SECTION OF THIS ORDI. 1 NANCE AND EACH DAY ON WHICH A VIOLATION OC-, CURSSHALL BE DEEMEDA SEPARATEOFFENSE;PRO- VIDING A SEVERABILITY • CLAUSE; PROVIDING AN PROVIDING FOR DATE; AND THERE OS RELATING f Section II.Right of Appeal An applicant may appeal any ') decision of the City eeManager to ✓ this Ordinar nce totheCltyrmit uCounr N cll by filing a written appeal - with the City Manager within A flvel5)business days ofreceipt �- notification of the decision. T' I The decision of the City Council N shall be final and shall not be D ub ect to further review. R Ion 12.Violation;Penalty. G y person violating any of the provisions of this Ordinance ke Shall be deemed guilty of amis-nd demeanor and upon conviction Iry I thereof shall be tined a sum not exceed five hundred dollars .00) and a separate of-, se shall be deemed commit-I upon each day during or on which a violation occurs or con- tinues. Section 13.Severablllty. f any section, article, para- graph, sentence, clause, phrase or word in this Ordi- nance,or application thereof to any person or circumstance 15 held Invalid or unconstltutiona by a Court of competent furls diction such holding shall no affect the va l ldltyof the remain Ing portions of this Ordinance. and the City Council hereby de Glares It would have passec such remaining portions of the Ordlni,ce despite such Invali- dity,which remaining portions snail remain inruii rorceanaet-j fect. Section 14.Effective Date. This ordinacne shall become ef- fective and be In full force and effect from and after Its pas- sage as required by law. PASSED AND APPROVED ONTHEFIRSTREADINGON THE 2ND DAY OF FEBRU- ARY 1988. PASS`AND APPROVED ON THE SECOND READING ON THE 16TH DAY OF FEBRU- ARY,1988. is/Johnny H.Westerholm, Mayor ATTEST: /s/Sandra L.Legrand. tort Worth star=lelegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 FED I . NO. 22-2573893 • DATE I DESCRIPTION AD SIZE I INCHTOTAL I RATE I AMOUNT /LIFEB 26 6091008 Feb . 26 AM & PM CL . 008 1X108L 108 2 . 40 259 . 20 ORDINANCE NO.419 01 AFFIDAVI S �n AN ORDINANCE OF THE Cl- TYOFSOUTHLAKE TEXAS shail remain intunrorceanaet- RE TINGTOTHE SALE OF-` feet. CER AIN SEASONAL ITEMS Section 14.Effective Date. ON OPERTY NOT ZONED Thlsordlnacne shall becomeef- 267 . 20 TOPERMIT SUCH SALES; i fective and be In full force and PROVIDING DEFINITIONS- effect from and after Its pas- PRO IDING FOR ISSUANCE sage as required by law. OFTEMPORARY PERMITS PASSED AND APPROVED FORT HE SALE OF SEASON- ON THE FIRST READINGON AL ITEMS;PROVIDING FOR THE 2ND DAY OF FEBRU- AN APPLICATION,.PROVID- ARY 1988. ING FOR PAYMNT OF A PASS AND APPROVED ON FEE' ESTABLISHING CER- THE SECOND READING ON TAIN MINIMAL REQUIRE- THE 16TH DAY OF FEBRU- MENTS• ESTABLISHING ARY,1988. PERMITTED LOCATIONS; /s/Johnny H.Westerhalyor PROVIDING FOR THE NON- ATTEST: TRANSFERABILITY OF PERMIT; PRESCRIBING /s/Sandra L.Legrand, MANNER OF CONDUCTING City Secretary BUS NESS; REQUIRING APPROVED AS TO FORM: TIOh ANAD IREMOVALOOAF- /s/JohnCIItBAftoor nJ ey **4 STRUCTURES ANDS****�K-�F"�F***1****tttt***** DEBRIS; PROVIDING FOR 1 * DENIAL OR REVOCATION * OF RERMIT; PROVIDING * FOR APPEAL; PROVIDING INVOICES IT H * A P NALTY OF FINE OF- NOT OEXCEEDFIVEHUN * DRE DOLLARS (8500.00)STATEMENT FOR VIOLATION OF ANY ,�( "" * C SECTION OF THIS ORDI- WITH DIFFE ENCES • * ,.,!'-E `; '1 !I . WI Alit AND EACH DAY oft * IraW.S. f p . * WHICH A LBEDEEM DA CUR SATEOFFDEEMEDA***SEP RATEOFFENSE;PRO **********?k******** 4VIDING A SEVERABILITYCLAUSE• PROVIDING AN l �� j . EFFECTIVE DATE• AND AR 188 PROVIDING FOR OTHER MATIfERS RELATING THERRETO. ^n Section Ic Right of Appeal OFFICE '' Oil Ji . SAne apqpplicant may appppeeal any 5 Cdecision of the City Manager todenyorrevokeappeermitunderthlsOrdlnancetotheCityCoun- lj+ cll by filinga written appeal with the City Manager within five(5)business days of receipt, of notification of the decision. The dlslon of the City Council shall be final and shall not be subject to further review. Section 12.Violation;Penalty. Any person violating any of the provisions of this Ordinance shall be deemed gul lty of a m l s- demeanor and upon conviction thereof shall be fined a sum not to exceed five hundred dollars (S500.00) and a separate of- fense shall be deemed commit-,, ted upon each day during or onl which a violation occursor con- CURRENT STATEMENT PERIOD ACCOUNT NUMBER tlnues. Section 13.Severabillty. ON RECPT If any section, article, para- graph, sentence, clause, 2/26 - 2/26 (ITS? phrase or word In this Ordi- nance,or application thereof to IF YOU HAVE QUESTION any person or circumstance IsDUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST held Inva lid or unconstitutional s by a Court of competent lurls-IUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. diction such holdingyshall not ,,� T Ing�porftionsl f this rdinance;•RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----L and the City Council hereby de- clares It would have passed such remaining portions of the Ordin4ncee despite such h Invalll-,dIty' ADVERTISING STATEMENT Fort 9 WorthREMIT TO P U BOX 99074 • FORT WORTH, TEXAS 761 f ACCOUNT C I T 5 7 PAYMENT ON RECPT r �' NUMBER DUE DATE PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 267 . 20 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star=lelegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE DESCRIPTION AD SIZE I TOTAL INCH/LINE RATE I AMOUNT FEB 05 6080164 Feb . 5 AM & PM CL . 008 1X60 L 60 2 . 40 144 . 00 1_ 01 AFFIDAVITS 8 . 00 NOTICE OF PUBLIC NOTICE Is hereby�given to all 15 2 • 0 0 H I Interested persons that the City Texas,willhbeholding atpublic hearingon February 16,1988,at 7:30 p.m., In the City Council Chambers of City Hall. Purooseof thehearing is tocon- sider the 2nd reading of the fol- lowin ordinance. AN ORDINANCE OFOTHE CI- R FLOATING TOLTHE TEXAS � CERTAIN SEASONAL ITEMS L TOO PERMIRTTSUCOHT SALES PROVIDING DEFINITIONS OFOTEM ORARYIPERM TS FOR THE SALE OF SEASON•***** ****************)AL1TEMS;PRO NDPROVIOR I * * ING FOR PAYMENT OF A FEE• ESTABLISHING CER- * RECONCILE ALL MERNTS.NEESTABLIQSHING * MONTHLY S PROVIDING FOR THEINON- * / TRANSFERABILITY OF * / * CALL 390-7501, PERMIT; PRESCRIBING CES MANNER OF CONDUCTING I * * BUSINESS; REQUIRING RESTORATION OF LOCA-i****** ****************TION AND REMOVAL OF STRUCTURES AND DEBRIS; PROVIDING FOR ' - )111t1 DENIAL OR REVOCATION OF PERMIT; PROVIDING f p FOR APPEAL; PROVIDING „}r`�i'1 ,t A PENALTY 6F FINE NOT 7 1 4?f 3ui . TO EXCEED TWO HUN- Clri L ;Ftt ,- 't i. DR FOR AA OLA O($F00.00) � ' 1, t VIOLATION OF ANYI- Y SECTION OF THIS OR DI- + - Yt `i NANCE AND EACH DAY ON WHICH A VIOLATION OC- „I A----` CURSSHALLBE DEEMED A SE PAR ATEOFFENSE;PRO- '1 1 17 - VIDING A SEVERABILITY ti. CLAUSE,- PROVIDING AN 1,i L8.0 EFFECIVE DATE; AND ��'' ' PROVIDING FOR OTHER }1 '�,.•••• t:Bci lacy6 MATTERS RELATING i City "' l THERETO. pfiite i lake /s/Sandra L.geGrand V City Secretary CURRENT CURRENT STATEMENT PERIOD 1 ACCOUNT NUMBER ON RECPT 2/05 - 2/05 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. A.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT fit, ADVERTISING STATEMENT FortWorth REMIT TO P O BOX 99074 • FORT WORTH, TEXAS 7619ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE ' PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 152 • 00 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : 7ANPPA I . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED