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1998-10-13 CC Packet
City of Southlake,Texas MEMORANDUM October 9, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for Special City Council Meeting, October 13, 1998 • 1. Agenda Item No. 3. Consider: Policy for speed humps and other traffic calming devices. This policy is presented as a draft for your consideration. It is based upon the studies, reports, and polices from other cities which we have previously disseminated. Please call me, Director of Public Safety Billy Campbell, or Director of Public Works Bob Whitehead if you have questions or need further information. (Note the attached article from the Star Telegram regarding-the popularity of speed humps.) 2. Agenda Item No. 4. Consider: Schedule of Prioritized Projects. This agenda item is intended to allow time for a review of the schedule of projects prioritized by City Council on June 26, 1998. We have attached two schedules, one for Community Development, and a second for all other departments. We have attempted to show a schedule of events for each project. Some projects will involve "workgroups" as designated by the "WG" initials. The current summary of anticipated workgroup members is also attached. We have forwarded this before to both Council and P&Z and those that have stated their interest in a topic have been added to the list. Feel free to contact me or any of the Director's should you have questions about the scheduling-of any projects. • Pr Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Special City Council Meeting, October 13 • October 9, 1998 Page 2 of 6 3. Agenda Item No. 5. Discussion: Private road issues (ROW dedications, utility provisions, road construction, etc.). Note the map which locates the private streets. We will report on each of these and the key factors to consider. Note also the historical background on Michael Drive, and the comment in Bob's memo referencing a Neighborhood Street Program. Please let Bob or me know if you have question on this item prior to the meeting. 4. Agenda Item No. 6. Discussion: Subdivision road pavement failures. Included in your packet is the executive summary of our consultant's report on this item. The attached map identifies the area of the failures. 5. Agenda Item No. 7. Amendments to the Sign Ordinance concerning special S purpose signs. This item has been placed on the agenda at the request of Councilmember Kendall. The recent variance requested by the Newcomer's Club has raised an issue worthy of reconsideration--special purpose signs. Other Items of Interest 6. Austin Trip. I am sure you are all aware that the trip to Austin was successful. The presentation was well organized and well received. Although we received positive feedback at the conclusion of our hearing, and although it was reported in the newspaper, we have not yet received the "official" word on our requests. We expect to receive this in a letter from TxDOT soon. There is standard format notification that TxDOT issues. We have received a letter from Commissioner Nichols regarding the meeting, to which he_attached a copy of the Commission's testimony to the Texas Senate Interim Committee in Transportation. It is my understanding that you have already receive a copy of this letter, so we did not • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Special City Council Meeting, October 13 S October 9, 1998 Page 3 of 6 reproduce the attached statement in this packet. Let me know if you did not receive it or need another copy. Also, we have included a copy of the packet we handed out to the Commission on the date of our appearance. 7. State Planning Conference. Attached is a copy of the "Planning Award Recipients" summary from the Texas American Planning Association (TxAPA) conference attended earlier this week by Director Last, Karen Gandy and Chris Carpenter. Note the second page which recognizes Southlake as a recipient of the "Certificate of Achievement for Planning Excellence." It is also important to note that Director Last has been appointed to the Board of Directors for the State Chapter of APA and S is the Chairman of the Urban Design Network for TxAPA. Karen Gandy is also working on the development of a Zoning Administration Network for TxAPA. This active involvement in statewide professional associations enhances the reputation of the City of Southlake on a statewide level. 8. SOB Ordinance. Karen Gandy has been working with the City Attorney's office over the past several months to develop an appropriate Sexually Oriented Business ordinance. We have included in this packet the draft of the ordinance for your review and comment. We will brief you on procedural and legal issues at an upcoming executive session. Feel free to contact Karen Gandy should you have any comments regarding the SOB ordinance. 9. SPIN Update. Vacancies remain in SPIN #9W and #13. The next step in the recruitment effort will be to send letters to active Homeowner Associations to enlist their help in finding a SPIN Representative. ID Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Special City Council Meeting, October 13 S October 9, 1998 Page 4 of 6 All even-numbered SPIN Representatives will have their terms expire at the end of December. A citywide mailing is planned to help with the recruitment effort, with a meeting scheduled for November 10t. The Residents' Planning and Zoning Academy is scheduled for Thursday, November 12th in the City Council Chamber. The event will be videotaped for cable TV and for the orientation and education of new SPIN Representatives and Liaisons. 10. Senior Activity Center Update. The scope of Services Contract with Metroport Meals on Wheels will be placed on the October 20 City Council Agenda. The Senior Advisory Commission will be reviewing the contract and making a • recommendation to you for your consideration of the renewal of the contract. Landscaping efforts have intensified with the cooler temperatures. The croquet/lawn area has been graded and seeded by Dick Johnston and Frank Dorer. A shuffleboard court is being prepared for concrete when the final sidewalks are poured. A horseshoe pit is nearly complete and a joint planting event with SYAC is planned for Make a Difference Day. Programming is still evolving and currently occurs primarily in the mornings and early afternoons. Since attendance may drop over the holiday months, very little new programming is being planned. A Walkers Group and Party Bridge are new October additions to the schedule. 11. Sister City News. A delegation of officials from El Fuerte will be in Southlake on Wednesday, October 21., There will be a reception / dinner at La Casa that 0 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Special City Council Meeting, October 13 S October 9, 1998 Page 5 of 6 evening. Details will follow as soon as they have been finalized. Hopefully you will be able to attend. 12.Note that included with my memo is the agenda for the City Council committee meeting next Tuesday, October 13 at 11:00 a.m., Administration Conference Room. Recall the committee members are Mayor Stacy and Councilmembers Kendall and Martin. Councilmember Kendall has also invited F.C. LeVrier to participate in the discussion. Note this is a posted meeting so that any of you may attend. Sy Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen; Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Interim Parks and Recreation Director, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Safranek, Lauren, Director of Human Resources, ext. 836 Sarakaitis, Stefanie, Comprehensive Planner, ext. 753 0 Siemer, Shelli, Assistant to the City Manager, ext. 806 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Special City Council Meeting, October 13 S October 9, 1998 Page 6 of 6 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Wilson, Garland, Deputy Director Fire Services, ext. 735 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, ext. 834 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\98-10-13-Special CC Mtg.doc S • City of Southlake,Texas ' CITY COUNCIL COMMITTEE MEETING: OCTOBER 13, 11:00 a.m. LOCATION: Administrative Conference Room 1725 E. Southlake Blvd., Southlake, Texas AGENDA: 1. Discussion: City Council Committee Recommendation for Architectural Services for City Hall CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at City Hall, 667 North Carroll Avenue, and 1725 E. Southlake Boulevard, Southlake, Texas, on Friday, October 9, 1998 at 6:00 p.m. pursuant to the Texas Government Code, Chapter 551. (!( 1'� i� K. ush 'u'a, A mg City Secretary i�/i�rinn ``����``\\`• If you plan to attend this meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581, extension 704, and reasonable accommodations will be made to assist you. M:\WD-FILES\CC-AGEND\98-10-13-CC Cmte mtg.DOC\kb City of Southlake;Texas, = MEMORANDUM „ 111 October 9, 1998 TO: Curtis E. Hawk, City Manager FROM: " Karen P. Gandy, Zoning Administrator SUBJECT: Amendment to Chapter 5, Article V, Sexually Oriented Businesses, Southlake City Code (1996) and Comprehensive Zoning Ordinance Attached is the first draft of the code amendment prepared by the city attorney's office and the currently adopted code. Note that Section 2 of the ordinance amendment will require a decision by the Council as to the appropriate zoning district in which to place adult uses. You will note that this amendment still proposes the 1000-foot separation from (1) a church or synagogue; (2) a public or private elementary or secondary school or day nursery; (3)a boundary of a residential district; (4) a park; (5) the property line of a lot devoted to a residential use; or (6) the boundary of a Corridor Overlay Zone established in the Comprehensive Zoning Ordinance, or within any Corridor Overlay Zone. The study that I have been working on sporadically during last several months must prove up the separation distance and the location(s) deemed appropriate for such uses. Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 743. • 0,,P KPG j III • - }'F 7 • ORDINANCE NO. - - - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CHAPTER 5, ARTICLE V, "SEXUALLY ORIENTED BUSINESSES" OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED; PROVIDING FOR THE LICENSING OF SEXUALLY ORIENTED BUSINESSES; PROVIDING LOCATIONAL RESTRICTIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING ADDITIONAL REGULATIONS APPROPRIATE TO DIFFERENT TYPES OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR APPEALS; PROVIDING FOR AMORTIZATION OF NONCONFORMING SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted • by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 243.007 of the Local Government Code authorizes cities to adopt regulations concerning the licensing and permitting of sexually oriented businesses; and WHEREAS, the City of Southlake further has broad home rule powers to regulate sexually oriented businesses; and WHEREAS, Section 243.001(b) of the Local Government Code does not diminish the authority of a municipality to regulate sexually oriented businesses with regard to any matters; and WHEREAS, the twenty-first amendment to the United States Constitution delegates broad powers to the states to regulate alcoholic beverages; and , WHEREAS, Section 109.57(d) of the Texas Alcoholic Beverage Code allows.,,a } C:\TEMP\SOB.WPD(02-19-98) Page 1 0 municipality to regulate the location of sexually oriented businesses; and WHEREAS, the city council of the City of Southlake,_ Texas, heretofore adopted regulations restricting the location of sexually oriented businesses within the City of Southlake based upon studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses;,and WHEREAS,the city council deems it necessary and advisable to amend these regulations to clarify their applicability to certain businesses and to provide for the licensing and other regulation of sexually oriented businesses; and . WHEREAS, studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis regarding the harmful effects of sexually oriented businesses on surrounding land • uses have been presented to and reviewed by the city council; and .. WHEREAS, studies, reports, and findings conducted by the cities of Los Angeles, Las Vegas, Houston, Amarillo, and Beaumont were presented to the city council and made part of the public record; and WHEREAS, the city finds that churches, synagogues, licensed day nurseries, parks, and . schools are centers of family oriented activities and therefore enhance the quality. of life in surrounding areas; and . WHEREAS, there is convincing documented evidence that sexually oriented businesses, - because of their very nature, have a deleterious effect on surrounding land uses, causing increased .-- crime and the downgrading of property values, and WHEREAS, the city council desires to minimize and control these adverse'effects and' °v� C:\TEMP\SOB.WPD(02-19198) Page 2 , 0 thereby protect the health, safety, and welfare of the citizenry; protect the citizens from incr eased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight;,and WHEREAS, convincing documented evidence regarding the physiological and sexual distinctions between male and female breasts has been reviewed; and WHEREAS, the city council fmds that sexually oriented businesses are frequently used for activities such as prostitution or sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and WHEREAS, the city council finds that these amendments will promote the public health, safety, morals and general welfare of the citizens of the city; and 41) WHEREAS, the city council finds that these amendments have neither the purpose nor 1 effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these amendments have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and WHEREAS, the city council further finds that the adoption of these amendments will still - - leave available reasonable alternative locations for the location of sexually oriented businesses; _ .yw> and "'ri • WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of '` ` ' C:\TEMP\SOB.WPD(02-19-98) Page 3 , • the City of Southlake on the day of _ , 1998, and by the City Council of the City of Southlake on the day of , 1998, with respect to the regulations in • this ordinance. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. Chapter 5, "Businesses" of the Southlake City Code (1996), as amended, is hereby amended by revising Article V, "Sexually Oriented Businesses" to read as follows: "ARTICLE V. SEXUALLY ORIENTED BUSINESSES SSec. 5-166. Adoption of Preamble. The findings contained in the preamble of the ordinance adopting this article are determined to be true and correct and are adopted as a part of this article. Sec. 5-167. Purpose and Intent. (a) It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented-businesses within the - city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Sec. 5-168. Definitions. The words and terms used in this article that are not defined herein shall have the meanings .` .:' r-' commonly ascribed to them. Words used in the present tense include the future tense: 'Words`in':. ":,4--- the singular number include the plural number and words in the plural number include the`singular: = number. The word he shall be defined to include the word she. u • C:ITEMPISOB.WPD(02-19-98) Page 4 ,' i 411, (a) Adult arcade means any place to which the public is permitted or invited wherein coin-operated, token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. (b) 'Adult bookstore means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matters which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. (c) Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities. (d) Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration and S provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten hours; or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours. (e) Adult movie theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations are regularly shown which are distinguished or characterized by an El emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. rx (f) Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live of performances which are distinguished or characterized by an emphasis on the exposure of • NSF rya C:\TEMP\SOB.WPD(02-19-98) Page 5 • specified anatomical areas or by an emphasis on special sexual activities. • (g) Adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. (h) Chief of Police means the deputy director of police service of the City of Southlake, or his designated representative. (i) Church or Synagogue means a building in which persons regularly assemble for religious worship and activities primarily for purposes connected with such worship or for propagating a particular form of religious belief. (j) Customer means any person who: (1) Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or (2) Enters a sexually oriented business and purchases, rents, or otherwise • partakes of any merchandise, goods, entertainment, or other services offered therein; or (3) Is a member of and on the premises of a sexually oriented business operating as a private club. (k) nursery means a facility licensed by the State of Texas for child care. (1) Employee means any person who renders any service whatsoever to the customers of a sexually oriented business or who works in or about a sexually-oriented business and who receives compensation for such service or work from the operator or owner of the sexually oriented business or from its customers. (m) Escort means a person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a,striptease for another person. (n) Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose, for a fee,-tip,of:' other consideration. (o) Licensee means a person in whose name a license to operate a sexually oriented C:\TEMP\SOB.WPD(02-19-98) , Page 6 • • business has been issued, as well as any and all individuals listed as applicants on the application for a license. (p) Love parlor means an establishment that is operated for the purpose of giving massages at the establishment or on a home call basis that are intended to provide sexual stimulation or sexual gratification in combination with a massage. (q) -Nude modeling studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form-of consideration. (r) Nudity or state of nudity means less than completely and opaquely covered: (1) Human genitals, pubic region, or pubic hair; (2) All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast; (3) Human buttock; or (4) Any combination of the above. • 1 (s) Operate or cause to be operated means to cause to function or to put or keep in. operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, licensee, or manager of the establishment. (t) Park means any land dedicated to and/or maintained by the City of Southlake, Tarrant County, the State of Texas or any state or federal agency for traditional park-like recreational purposes, and any land owned and maintained by a developer, homeowners' association or trustee for traditional park-like recreational purposes and which is dedicated on a plat in lieu of public park dedication requirements in accordance with the city's subdivision ordinance. (u) Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation. - (v) Principal means over 35 percent of customers, volume of sales; stock in trade, display areas, or presentation time in any three-month increment period beginning froffi': the date of issuance of a certificate of occupancy. Stock in trade shall be measured with`: - .< all titles or objects available on the premises for sale or rental including those that.faie`-:::; identical, considered a separate title or object. a . 0:: C:\TEMP\SOB.WPD(02-19-98) Page 7 • (w) Regularly means featuring, promoting, or advertising a happening or occurrence on a recurring basis. (x) Residential district means a district zoned for•residential uses under the Zoning ' Ordinance of the City of Southlake. (y) Residential use means a single family home, two-family home, mobile/modular home,-manufactured home, or multiple family dwelling as defined in the Zoning Ordinance of the City of Southlake. (z) Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult video store, love parlor, nude modeling studio or other commercial enterprise, the primary business of which is the offering of a;service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers; and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a•state of nudity. The term sexually oriented business shall not be construed to include:. • (1) Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions; (2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; (3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or (4) Any activity conducted or sponsored by any Texas independent school. district, licensed or accredited private school, or public or private college or university. . (aa) Simulated nudity means a state of dress in which any artificial device or covering _ is worn on a person and exposed to view so as to simulate an actual state of nudity. . (bb) Specified anatomical areas means human genitals, pubic regions, buttocks'and >:1' female breast below a point immediately above the top of the areola continuing downward :tF�;_ to the lowest portion of the breast. - -« ,- _ FS 0 C:\TEMP\SOB.WPD(02-19-98) Page 8 _ (cc) Specified sexual activities means and includes any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality; • (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in conjunction with any of the above specified sexual activities. Sec. 5-169. Location of Sexually Oriented Businesses. (a) A person commits an offense if he establishes, operates or.causes to be operated, or expands a sexually oriented business within 1,000 feet, without regard to 'city boundaries, of: (1) A church or synagogue; (2) A public or private elementary or secondary school or day nursery; • (3) A boundary of a residential district; (4) A park; (5) The property line of a lot devoted to a residential use; or, (6) The boundary of a Corridor Overlay Zone established in the Comprehensive Zoning Ordinance, or within any Corridor Overlay Zone. (b) A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within 500 feet of another sexually oriented business. ' (c) A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business: • (d) . For the purposes of subsection (a), measurement shall be made in a Straight line; without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted,• C:\TEMP\SOB.WPD(02-19-98) Page 9 - o7i'E` 0 to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, or day nursery, or to the nearest boundary of a park, residential district, or residential lot. I • (e) For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied, as applicable. (f) Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the locational requirements of Subsections (a), (b) or (c) shall be deemed a nonconforming use. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another or within the same building or structure and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming. (g) Any sexually oriented business lawfully operating after the effective date of this article that later becomes a nonconforming use because of a change in zoning or an amendment to the regulations in this article or any other ordinance or law shall not be S increased, enlarged, extended or altered except that the use may be changed to a conforming use. I (h) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, public or private elementary or secondary school, day nursery, park, residential district or a residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (i) Nothing contained in this article shall be construed to limit the amortization of a nonconforming sexually oriented business under the Southlake Zoning Ordinance as provided therein. Sec. 5-170. License Required. (a) A person commits an offense if he operates or causes to be operated a sexually';:':::.: : :V', --: oriented business without a valid license, issued by the city for the particular type of ; ; .: ;Y.; Vt business. '``'�` 0 C:\TEMP\SOB.WPD(02-19-98) Page 10 (b) The applicant must be qualified according to the provisions of this article. (c) The fact that a person possesses other types of state or city permits or licenses doe s not exempt the person from the requirement of obtaining a license for a sexually oriented business. Sec. 5-171. License Application. (a) Any person desiring to obtain a sexually oriented business license shall make application on a form provided by the chief of police. The application must be.. accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (b) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 5-172 and each applicant shall be considered a licensee if a license is granted. • (c) An application for a license must be made on a form provided by the chief of police. The application form shall be sworn to by the applicant and shall include: (1) The name, residence and business addresses of the applicants; (2) The address of the premises which the applicants intend to operate as a sexually oriented business; (3) The type of sexually oriented business proposed to be operated at the location; (4) The present ownership interest of such applicants in the sexually oriented business; and (5) Information with respect to such other matters, consistent with this article, as may be specified in the application form. (d) An applicant shall have a present ownership interest in the sexually oriented business with respect to which the applicant makes application for license. A``separate application shall be required for each address, place, premises or location;whichthe applicant operates as a sexually oriented business, and a license issued to a person is valid =..;;:':'°_; ::$ only with respect to the sexually oriented business and at the exact address,'place, ,: • C:\TEMP\SOB.WPD(02-19-98) Page 11 • 410 premises or location listed in the application for such license. (e) The applicant must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with the law by•the health department, fire services, and building official. The applicant shall comply with all applicable city, county, state, and federal laws. (f) An applicant operating a sexually oriented business under an assumed name shall attach to the application a certificate of assumed name issued by the county clerk of the county in which the sexually oriented business is to be operated, showing that the applicant has complied with the assumed name laws of the state. The assumed name certificate shall be prepared on a form prescribed by the deputy director of police services. No license shall be issued or renewed when the applicant is operating under an assumed name or any name other than the real name of the individual operating or intending to operate a sexually oriented business until such certificate, duly-signed by such county clerk, or his deputy, is provided in compliance herewith. (g) All applications for a license under this article shall be accompanied by a nonrefundable application fee in the amount prescribed by resolution adopted by the city council from time to time. The fee should shall be nonrefundable. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted. r Sec. 5-172. License Issuance. (a) The chief of police shall approve the issuance of a license to an applicant within 30 days after filing of an application unless the chief of police fmds one or more of the following to be true: (1) The location of the sexually oriented business is or would be in violation of Section 5-169 of this article. - (2) The applicant failed to supply all of the information requested on the application. (3) The applicant gave false, fraudulent, or untruthful information on the application. (4) An applicant is under 18 years of age. (5) An applicant or an applicant's spouse is overdue in payment to the City'of Southlake taxes (including hotel occupancy taxes, ad valorem taxes and sales`tax), fees, fines, or penalties assessed against or imposed upon the applicant or'the C:\TEMP\SOB.WPD(02-19-98) Page 12 • applicant's spouse in relation to a sexually oriented business. (6) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license. (7) The application or renewal fee required by this article has not been paid. (8) The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof within which the sexually oriented business will be situated or has a legally enforceable right to acquire the same. (9) An applicant or the proposed establishment is in violation of or is not in compliance with Section 5-173 or 5-178 of this article. (10) An applicant or an applicant's spouse has been convicted of a crime: (A) Involving: • (i) Any of the following offenses as described in Chapter 43 of the Texas Penal Code: (aa) Prostitution; (bb) Promotion of prostitution; (cc) Aggravated promotion of prostitution; (dd) Compelling prostitution; (ee) Obscenity; (ff) Sale, distribution, or display of harmful material to a minor; (gg) Sexual performance by a child; (hh) Possession of child pornography; - (ii) Any of the following offenses as described m Chapter 21:of = C:\TEMP\SOB.WPD(02-19-98) Page 13 • the Texas Penal Code: (aa) Public lewdness; (bb) Indecent exposure; (cc) Indecency with a child; (iii) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; • (iv) Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (v) Possession or distribution of a controlled substance; or (vi) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and (B) For which: (i) Less than two years have elapsed since the date of • conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) Less than five years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement for the conviction, whichever-is the later date, if the conviction is of a felony offense; or (iii) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any two year period. (b) The fact that a conviction of the applicant or applicant's spouse is being appealed - shall have no effect on the disqualification. (c) An applicant who has been convicted or whose spouse has been convicted of an C:ITEMP\SOB.WPD(02-19-98) Page 14 S offense listed in Section 5-172(a)(10)(A) may qualify for a sexually oriented business license only when the time period required by Section 5-172(a)(10)(B) has elapsed. (d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the type of sexually oriented business, and the address of the sexually oriented business. (e) • The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. Sec. 5-173. Inspection and Maintenance of Records. (a) An applicant or licensee shall permit representatives of the police department, health department, fire department, and building inspections division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time during the 30-day application period or after it is occupied or open for business. The provisions of this section do not apply to areas of an adult mote 1 which are currently being rented by a customer for use as a permanent or temporary habitation. (b) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a IIIrepresentative of the police department, health department, fire department, or building inspections division at any time during the 30-day application period or after it is occupied or open for business. (c) A person who operates a sexually oriented business or his agent or employee commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card, or passport, all with a photo. Sec. 5-174. Expiration of License. . • (a) Each license shall expire one year from the date of issuance. .. (b) A license may be renewed by submission to the chief of police of an application on the form prescribed by the chief of police and payment of a nonrefundable renewal _ processing fee in the amount prescribed by resolution adopted by the city.council from time to time. (c) Application for renewal shall be made at least 30 days before the expiration`date = of the license. When application is made less than 30 days before the expiration date,the new expiration date will not be affected. .. 0 . „.,C:ITEMP\SOB.WPD(02-19-98) Page 15 . . ,.; 1110 Sec. 5-175. Suspension. (a) The chief of police shall suspend a license for a period not to exceed 30,days if he determines that a licensee or an employee of a licensee: (1) Has violated or is not in compliance with Section 5-169, 5-173,; 5-178, 5- 179, 5-180, 5-181, 5-182, 5-183, 5-184, or 5-185 of this article; (2) Is in a state of public intoxication while on the sexually oriented business premises; (3) Knowingly permits gambling by any person on the sexually oriented business premises; or (4) Is delinquent in payment to the city of taxes (including hotel occupancy taxes, ad valorem taxes, and sales taxes), fees, fines or penalties related to the sexually oriented business. (b) When the chief of police is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee in the amount prescribed by resolution adopted by the city council from time to time rather than have the license • suspended. (1) Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this!shall not be used as an admission of guilt in a criminal prosecution under this article. (2) If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it and the chief of police shall impose the suspension. (3) Each day in which a violation is permitted to continue shall constitute a separate cause for suspension. Sec. 5-176. Revocation. (a) The chief of police shall revoke a license if a cause of suspension in Section 5-175 occurs and the license has been suspended or a reinstatement fee paid within the preceding 12 months. (b) The chief of police shall revoke a license if he determines that: (1) A licensee gave false or misleading information in the material submitted C:\TBMP\SOB.WPD(02-19-98) Page 16 • to the chief of police during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the sexually oriented business premises; (3) A licensee or an employee has knowingly allowed prostitution on the sexually oriented business premises; (4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; (5) A licensee has been convicted of an offense listed in Section 5-172 (a)(10)(A) for which the time period required by Section 5-172(a)(10)(B) has not elapsed; (6) On two or more occasions within a 12-month period, an employee of the establishment committed in or on the licensed premises an offense listed in Section 5-172(a)(10)(A) for which a conviction has been obtained; or (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in S or on the sexually oriented business premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code. (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Section 5-176(b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in n a public place or within public view. _ ___- (e) When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant _. may be granted a license if at least 90 days have elapsed since the date the revocation - became effective. If the license was revoked under Section 5-176(b)(5), an applicant may not be granted another license until the appropriate number of years required Under-: : -,: Section 5-172(a)(10)(B) has elapsed. {` rtI z, Sec. 5-177. Appeal. - ",fy_..; • _ n . C:\TEMP\SOB.WPD(02-19-98) Page 17 (a) If the chief of police is authorized to deny the issuance of a license, or suspend or i revoke a license as provided in this ordinance, the chief of police shall give written notice to the applicant or licensee of such intention. (1) The notice shall provide that the denial of issuance, suspension, or revocation shall take effect at the expiration of the third working,day after notification unless the licensee provides a written response to the chief of police before the expiration of the third working day. (2) If a written response from the applicant or licensee is received by the chief of police before the expiration of the third working day, the suspension, denial of issuance or revocation will be stayed pending a decision by the chief of police. The chief of police shall review the response before the rendering of a decision. (3) The chief of police shall give written notice of this decision to the applicant or licensee. (4) The decision by the chief of police is effective immediately and final pending any appeal. (5) Notice may be delivered by : • (A) hand delivery to a licensee, owner, or employee of the establishment; or (B) posting of the notice at the usual business entrance of the establishment; or (C) certified mail, return receipt requested to the address listed in the license application for receipt of notice. (b) Upon receipt of written notice of the denial, suspension;-or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court. (c) An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the chief of police. (d) The licensee or applicant shall bear the burden of proof in court. - Sec. 5-178. Transfer of License. (a) A person commits an offense if he transfers his license to another.,persimi,iiry ; operates a sexually oriented business under the authority of a license at any place other C:\TEMP\SOB.WPD(02-19-98) Page 18 • than the address designated in the application. (b) A person commits an offense if he counterfeits, forges, changes, defaces, or alters a license. Sec. 5-179. Additional Regulations for Adult Cabarets. (a) -An employee of an adult cabaret, while appearing in a state of nudity or;simulated nudity, commits an offense if he touches a customer or the clothing of a customer. (b) A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity or simulated nudity. (c) A licensee or employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, 'excluding restrooms. Sec. 5-180. Additional Regulations for Escort Agencies. (a) A person commits an offense if he employs at an escort agency any person under Sthe age of 18 years. (b) A person commits an offense if he acts as an escort or agrees to act as an, escort for any person under the age of 18 years. Sec. 5-181. Additional Regulations for Nude Modeling Studios. (a) A person commits an offense if he employs at a nude modeling studio any person under the age of 18 years. (b) A person under the age of 18 years commits an offense if he appears in a state of nudity or simulated nudity in or on the premises of a nude modeling studio. It is a defense to prosecution under this subsection if the person under the age of 18 years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity or simulated nudity, or knowingly allows another to appear in a state of nudity or simulated nudity,'in an area 5; of a nude modeling studio premises which can be viewed from the public right-of-:way .' (d) A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a nude modeling studio except that a sofa may be placed;in=a _ reception room open to the public. • ° C:\TEMPISOB.WPD(02-19-98) Page 19 • (e) A licensee or employee of a nude model business commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. (f) An employee of a nude modeling studio, while appearing in a state of.nudity or simulated nudity, commits an offense if he touches a customer or the clothing of a customer. (g) A customer at a nude modeling studio commits an offense if he touches an employee appearing in a state of nudity or simulated nudity. Sec. 5-182. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. (a) A person commits an offense if he knowingly allows a person under the:age of 18 years to appear in a state of nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater. . (b) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater. • (c) It is a defense to prosecution under subsections (a) and (b) of this section if the person under the age of 18 years was in a restroom not open to public view or persons of the opposite sex. Sec. 5-183. Additional Regulations for Adult Motels. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. (b) A person commits an offense if, as the person in control Of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.,.:. (c) For purposes of Subsection :p rp (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration: Sec. 5-184. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. C:\TEMP\SOB.WPD(02-19-98) Page 20 A person who operates or causes to be operated a sexually oriented business other than an S adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one.or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which customers will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which;the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waiv e the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (b) The application shall be sworn to be true and correct by the applicant. • (c) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police. (d) The licensee commits an offense if he permits a manager's station to be unattended by an employee at any time a customer is present on the premises. (e) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any customer is permitted access for any purpose, excluding rstrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a nianner,that there is an unobstructed view of each area of the premises to which any customer:�is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (f) The licensee commits an offense if he permits access by a customer to any area of;;. the premises that is not visible from the manager's station for any purpose, excluding':;= restrooms. (g) The owners, operator, and any agents and employees present on the premises`shall <;' 0 C:\TEMP\SOB.WPD(02-1998) pdge?1 ,. t . . . , _ • • : .., 1111 ensure that the view area specified in Section 5-184(e) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present on the premises and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to Section 5-184(a) of this section. (h) The premises of an adult bookstore, adult video store, nude modeling studio, and love parlor shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than 20 footcandles as measured at the floor level. (i) The licensee commits an offense if he permits illumination of any area of the premises to which customers have access to be less than 20 footcandles as nuisance at the floor level. Sec. 5-185. Additional Regulations for Sexually Oriented Businesses.. (a) Public and employee restrooms in a sexually oriented business shall not, at any time, contain or be used for sexually oriented business activity, video reproduction- equipment, or sexually oriented merchandise. III (b) A sexually oriented business shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement: "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or"NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY,". if alcohol is served]. (c) During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor pedestrian areas on the premises of the sexually oriented business shall be lighted to an intensity of not less than five footcandles measured at ground level. Sec. 5-186. Violations. (a) Any person who violates any of the provisions of this article shall be guilty.;of.:,a. : y-0 . misdemeanor and upon conviction shall be fined an amount not to exceed $2,000 for each', :;' ,,''',:,...i:'.', C:\TEMP\SOB.WPD(02-19-98) Page 22 offense affecting zoning, fire safety or public health and sanitation, and$500.00 for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. This penalty should not be construed as exclusive, and any other remedy available to the City of Southlake, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty. (b) The City of Southlake shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph, or part of this article. Such right for injunctive relief shall exist independent. of the other penalty provisions of this article and not in lieu thereof. The right of injunctive relief is essential-to the City of Southlake in order that it may maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well being of the citizens and halting any attempt by any person, firm, or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this article. Sec. 5-187. Defenses. It is a defense to prosecution under Sections 5-169, 5-170, and 5-181 that a person, appearing in a state of nudity or simulated nudity did so in a modeling class operated: (c) By a proprietary school licensed by the State of Texas; a college, junior college, • or university supported entirely or partly by taxation; (d) By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or.university supported entirely or partly by taxation; or (e) In a structure: (1) Which has no sign or other advertising visible from the exterior of the structure indicating a nude or simulated nude person is available for viewing; and (2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and . (3) Where no more than one nude or simulated nude model is on the premises at any one time. Sec. 5-188. Exemptions From Location Restrictions of Sexually Oriented Businesses;'':`:; (a) If the chief of police denies the issuance of a license to an applicant becausei't a.:__ location of the sexually oriented business is in violation of Section 5-169, then;t e C:\TEMP\SOB.WPD(02-19-98) Page23 applicant may, not later than 10 calendar days after receiving notice of the denial, file with • the city secretary a written request for an exemption from the location restrictions. (b) If the written request is filed with the city secretary within the 10-day limit, the city secretary shall set a date for a hearing before the city council within 60 days from the date the written request is received. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. (c) The city council may grant an exemption from the location restrictions of Section 5-169, if the exemption is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done. (d) In granting any exemption, the council may prescribe conditions and safeguards in conformity with this article. Violation of such conditions and safeguards shall be deemed a violation of this article. (e) The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city council is final. • (f) If the city council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the city council's action. (g) The grant of an exemption does not exempt the applicant from any provisions of this article other than the locational restrictions. Sec. 5-189. Amendment of this Article. Section 5-169 may be amended only after compliance with procedures required to amend the Comprehensive Zoning Ordinance. All other sections of this article may be amended by an ordinance approved by the city council." SECTION 2. Sections , " " and , " " of the Southlake Zoning Ordinance is hereby amended to allow sexually oriented :businesses `as a permitted use in the " " and " " zoning districts. - SECTION 3. C:\TEMP\SOB.WPD(02-19-98) Page 24 • Section 4, "Definitions", of the Southlake Zoning Ordinance is hereby amended by adding • a definition of "sexually oriented business" to read as follows: "SEXUALLY ORIENTED BUSINESS - an establishment as defined in Section 5-168 of the Southlake City Code." SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 399 is hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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 6. 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 affecting zoning;_=:fire • C:\TEMP\SOB.WPD(02-19-98) Page 25 Ssafety or public health and sanitation, and Five Hundred Dollars ($500.00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 399, as amended, or any other ordinance or code provision affecting sexually oriented businesses 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 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance 40 in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without farther proof than the production thereof. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation'of . any of its provisions, then the City Secretary shall additionally publish _this' ordinance'or:its;- caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. ; ' • ,:,, , .:,„ C:\TEMP\SOB.WPD(02-19-98) Page 26 • PASSED AND APPROVED ON SECOND READING THIS• , 1998. DAY OF MAYOR ATTEST: CITY SECRETARY EFFECTIVE: • APPROVED AS TO FORM AND LEGALITY: City Attorney S C:\TEMP\SOB.WPD(02-19-98) Page 28 SECTION 10. • This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY • C:\TEMP\SOB.WPD(02-19-98) Page 27 ',i,' ,: :, : ,,,i,, _:,„. ,• „:„. , . 0 §5-148 SOUTH AKE CITY CODE t. Secs. 5-148-5-165. Reserved. (2) Live performances which are character- ized by the exposure of specified anatomical areas or by specified sexual activities; or ARTICLE V. SEXUALLY ORIENTED BUSINESSES* (3) Films,motion pictures,video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description DIVISION 1. GENERALLY of specified sexual activities or specified anatom- ical areas. Sec. 5-166. Definitions. Adult motel means a hotel, motel or similar The following words, terms and phrases, when commercial establishment which: used in this article, shall have the meanings (1) Offers accommodations to the public ascribed to them in this section,except where the for any form of consideration and provides pa- context clearly indicates a different meaning: trons with closed-circuit television transmissions, Adult arcade means any place to which the films, motion pictures, video cassettes; slides, or public is permitted or invited wherein coin- other photographic reproductions which are char- operated or slug-operated or electronically, elec- acterized by the depiction or description of speci- trically, or mechanically controlled still or motion fled sexual activities or specified anatomical ar- picture machines, projectors, or other image- eas, and has a sign visible from the public right- producing devices are maintained to show images of-way which advertises the availability of this to five or fewer persons per machine at any one type of photographic reproductions; time, and where the images so displayed are 411) of distinguished or characterized by the depicting or describingspecifiedp period of time that is less than ten hours; or fi- sexual activities orseci- (2) Offers a sleeping room for rent for a feed anatomical areas. (3) Allows a tenant or occupant of a sleep- Adult bookstore or adult video store means a ing room to subrent the room for a period of time commercial establishment which as one of its that is less than ten hours. principal business purposes openly advertises or Adult motion picture theater means a commer- displays or offers for sale or rental for any form of cial establishment where, for any form of consid- consideration any one or more of the following: eration, films, motion pictures, video cassettes, (1) Books, magazines, periodicals or other slides, or similar photographic reproductions are printed matter, or photographs, films, motion regularly shown which are characterized by the pictures, video cassettes or video reproductions, depiction or description of specified sexual activ- slides, or other visual representations which de- ities or specified anatomical areas. pict or describe specified sexual activities or spec- Adult theater means a theater, concert..hall, - ified anatomical areas; or auditorium, or similar commercial establishment (2) Instruments,devices,or paraphernalia which regularly features persons who appear in a which are designed for use in connection with state of nudity or seminudity or live performances specified sexual activities. which are characterized by the exposure of spec- ified anatomical areas or by specified sexual ac- Adult cabaret means a nightclub, bar, restau- tivities. - - rant, or similar commercial establishment which ''' - regularly features: Applicant means an individual natural person': and,as of the date of an application,each member-: (1) Persons who appear in a state of nudity of a partnership or association and, with respect= or seminudity, to a corporation,each officer and each owner of:20: 'State law reference—Authority of city to regulate sex-illu percent or more of stock of such Corporation,w. ally oriented businesses, V.T.CA., Local Government Code which intends to establish or operate a sexually ch.243. oriented business. CD5:10 BUSINESSES $5-166 111 Chief of police means the deputy director of School means any public or private nursery, police services or his designated agent. preschool, day care center, learning center, ele- mentary or secondary school." Escort means a person who, for consideration, - agrees or offers to act as a companion, guide, or Seminude means a state of dress in which date for another person,or who agrees or offers to clothing covers no more than the genitals, pubic privately model lingerie or to privately perform a region, and areola of the female breast,as well as striptease for another person. portions of the body covered by,supporting straps or devices. Escort agency means a person or business asso- ciation who furnishes, offers to furnish, or adver- Sexual encounter center means a business or tises to furnish escorts as one of its primary commercial enterprise that, as one of its primary business purposes, for a fee, tip, or other consid- business purposes, offers for any form of consid- eration. eration: Establishment means any of the following: (1) Physical contact in the form of wres- tling or tumbling between persons of the opposite (1) The opening or commencement of any sex; or sexually oriented business as a new business;- (2) Activities between male and female per- (2) The conversion of an existing business, sons and/or persons of the same sex when one or whether or not a sexually oriented business, to more of the persons is in a state of nudity"or any sexually oriented business; seminudity. (3) The addition of any sexually oriented Sexually oriented business means an adult ar- • business to any other existing sexually oriented business; or cade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture the- ater, adult theater, escort agency, nude modeling (4) The relocation of any sexually oriented studio, or sexual encounter center. business. Specified anatomical areas means human gen- Licensee means an applicant who has been itals in a state of sexual arousal. issued a license to operate a sexually oriented business. Specified sexual activities means any of the following: Nude model studio means any place where a person who appears in a state of nudity or (1) The fondling or other erotic touching of seminudity or displays specified anatomical ar- human genitals, pubic region, buttocks, anus, or eas, is provided to be observed, sketched, drawn, female breasts; painted, sculptured, photographed, or,similarly (2) Sex acts,normal or perverted,actual or depicted by other persons who pay money or any simulated,including intercourse, oral copulation, form of consideration. or sodomy; Nudity or a state of nudity means: (3) Masturbation, actual or simulated; or (1) The appearance of a human,bare but- (4) Excretory functions as part of or in ,. . tock, anus, male genitals, female genitals,.or connection with any of the activities set forth in female breast; or subsections (1)--(3)of this definition. (2) A state of dress which fails to opaquely Substantial enlargement means,with respect to • cover a human buttock, anus, male genitals, fe- a sexually oriented business,the increase in floor male genitals, or areola of the female breast. area occupied by the business by more than 25 v: percent, as the floor area exists on-the effective<y ; • Person means a natural person or individual. date of Ordinance No. 399. _ C D5:11 io5-166 SOUTHLAKE CITY CODE Transfer of ownership or control means, with studios and sexual encounter centers only. It is respect to a sexually oriented business, any of the the intent of the city council that all other provi- following: sions of this article are promulgated pursuant to (1) The sale, lease, or sublease of the busi- the city Charter and V.T.C.A., Local Government Code §§ 54.004 and 215.075. ness; (Ord. No. 399, § 2, 12-1-87) (2) The transfer of securities or other own- State law reference—Purpose of statute,V.T.C.A.,Local ership interest which constitute a direct,indirect, Government Code 243.001. legal, equitable or beneficial controlling interest __ in the business, whether by sale, exchange, or Sec. 5-168. Classification. similar means; or Sexually oriented business is defined and clas- (3) The establishment of a trust, gift, or sified as any commercial establishment operating other similar legal device which transfers the in the city,in whole or in part, as any one or more direct,indirect,legal,equitable or beneficial own- of the following: ership or control of the business,except for trans- (1) Adult arcade; fer by bequest or other operation of law upon the death of the person possessing the ownership or (2) Adult bookstore or adult video store; control to a person meeting all of the require- (3) Adult cabaret; ments of section 5-197, who shall have notified (4) Adult motel; the deputy.director of public services of the trans- fer and furnished all of the information required (5) Adult motion picture theater;. to be submitted in an application for a license, (6) Adult theater; .thin 60 days of the transfer. (7) Escort agency; rd. No. 399, § 3, 12-1-87) Cross reference—Definitions generally,§ 1-2. (8) Nude model studio; and r State law reference—"Sexually oriented business" de- fined,V.T.CA,Local Government Code§243.002. (9) Sexual encounter center. (Ord. No. 399, § 4, 12-1-87) Sec. 5-167. Purpose and intent of article. Sec. 5-169. Inspection. (a) It is the purpose of this article to regulate sexually oriented businesses in order to promote (a) At any time it is occupied or open for the health, safety, morals, and general welfare of business, an applicant or licensee shall permit the citizens of the city,and to establish reasonable representatives of the police services, health de- and uniform regulations to prevent the continued partment, fire services and building inspection concentration of sexually oriented businesses within division to inspect the premises of a sexually the city.The provisions of this article have neither oriented business for the purpose of insuring the purpose nor effect of imposing a limitation or compliance with the law. restriction on the content of any communicative (b) A person who operates a sexually oriented materials, including sexually oriented materials. business, or whose agent or employee operates Similarly, it is neither the intent nor the effect of the same,commits an offense if the person or the this article to restrict or deny access by adults to person's agent or employee refuses to permit a sexually oriented materials protected by the First lawful inspection of the premises by a represe ;._:;_. Amendment,or to deny access by the distributors tative of such departments at 'any time .it,is. c..:; and exhibitors of sexually oriented entertainment occupied or open for business. `_ ,°',, to their intended market. (c) The provisions of this section do not applyto.1 (b) It is the intent of the city council that the areas of an adult motel which are currently beine>_:• cational regulations contained in section-5470 rented by a customer for use as a permanent or :„ - oee promulgated pursuant to V.T.C.A.,Local Gov- temporary habitation. rnment Code ch.243,as it applies to nude model (Ord. No. 399, § 8, 12-1-87) CD5:12 BUSINESSES §5-171 • Sec. 5-170. Location—Restrictions. this section shall be deemed a nonconforming use. (a) A person commits an offense if he operates The nonconforming use will be permitted to con- or causes to be operated a sexually oriented tinue for a period not to exceed one year, unless business within 1,000 feet of: sooner terminated for any reason or voluntarily (1) A church; discontinued for a period of 30 days or more.Such nonconforming uses shall not be increased, en- (2) A school; larged, extended or altered except that the use may be changed to a conforming use. If two or (3) A boundary of a residential district as more sexually oriented businesses are within 500 defined in the comprehensive zoning ordinance, feet of one another and otherwise in a permissible as amended, of the city; location, the sexually oriented business which (4) A public park; or was first established and continually operating at (5) The property line of a lot devoted to a particular location is the conforming use, and residential use. the later established business is nonconforming. (b) A person commits an offense if the person (g) A sexually griented business lawfully oper- causes or permits the operation, establishment, ating as a conforming use is not rendered a substantial enlargement,or transfer of ownership nonconforming use by the location,subsequent to or control of a sexually oriented business located the grant or renewal of the sexually oriented within 500 feet of another sexually oriented busi- business license, of a church, school, public park, ness. residential district,or residential lot within 1,000 (c) A person commits an offense if the person feet of the sexually oriented business. This sub- causes or permits the operation, establishment, section applies only to the renewal of a valid • or maintenance of more than one sexually ori- ented business in the same building, structure, or for a license is submitted after a license has portion thereof,or the increase of floor area of any expired or has been revoked. sexually oriented business in any building, struc- (h) A sexually oriented business established on tore, or portion thereof containing another sexu- or after the effective date of Ordinance No. 399 ally oriented business. shall be located only within the districts so per- (d) For the purposes of subsection (a) of this mitted by and shall conform in all respects with section,measurement shall be made in a straight the requirements of the comprehensive zoning line, without regard to intervening structures or ordinance of the city as such comprehensive zon- objects,from the nearest portion of the building or ing ordinance may,from time to time,be amended. structure used as a part of the premises where a (Ord. No. 399, § 14, 12-1-87) sexually oriented business is conducted, to the State law reference—Location restrictions,V.T.CA,Lo- nearest property line of the premises of a church cal Government Code 4 243.006. or school, or to the nearest boundary of an af- fected public park,residential district,or residen- Sec. 5-171. Same—Exemption from restric- tial lot: tions. (e) For purposes of subsection (b) of this sec- (a) Filing of request. If the'deputy director of tion, the distance between any two sexually ori- police services denies the issuance of a license to ented businesses shall be measured in a straight line, without regard to intervening structures or an applicant because the location of the sexually:,: objects,from the closest exterior wall of the struc- oriented business establishment is in violation of tore in which each business is located. section 5-170, then the applicant may, not later than ten calendar days after receiving notice of (0 Any sexually oriented business lawfully op- the denial, file with the city secretary a written • erating on the effective date of Ordinance No.399 request .for an exemption from.the locational - that is in violation of subsection (a), (b), or (c) of restrictions of section 5-170(a)--(g). CD5:13 1110§ 5-171 SOU HLAKE CITY CODE I (b) Consideration by council; date for hearing. locational restrictions of section 5-170(a)--(g)un- If the written request is filed with the city secre- til the applicant applies for and receives another tary within the ten-day limit, the city council exemption. shall. consider the request. The city secretary shall set a date for the hearing within 60 days (g) Reapplication. If the city council denies the • from the date the written request is received- exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed (c) Hearing; conduct. A hearing by the city since the date of the city council's action. council may proceed if a quorum is present. The city council shall hear and consider evidence (h) Limitations. The grant of an exemption offered by any interested person.The formal rules does not exempt the applicant from any other of evidence do not apply. provisions of this article other than the locational restrictions of section 5-170(a)--(g). (d) Granted upon certain findings. The city (Ord. No. 399, § 15, 12-1-87) council may, in its discretion,grant an exemption . . from the locational restrictions of section 5-170(a)-- Sec. 5-172. Additional 4egulations for es- (g),provided that it makes the following findings: cort agencies.' (1) The location of the proposed sexually (a) An escort agency shall not employ any oriented business will not have a detrimental person under the age of 18 years. effect on nearby properties or be contrary to the public safety or welfare. (b) A person commits an offense if such person acts as an escort or agrees to act as an escort for (2) The granting of the exemption will not any person under the age of 18 years. �olate the spirit and intent of this article. (Ord. No. 399, § 16, 12-1-87) (3) The location of the proposed sexually �y oriented business will not downgrade the prop- Sec. 5-173. Additional regulations for nude erty values or quality of life in the adjacent areas model studios. or encourage the development of urban blight. (a) A nude model studio shall not employ any (4) The location of an additional sexually person under the age of 18 years. oriented business in the area will not be contrary to any program of neighborhood conservation nor (b) A person under the age of 18 years commits will it interfere with any efforts of urban renewal an offense if such person appears in a state of or restoration. nudity or seminudity in or on the premises of a nude model studio. It is a defense to prosecution (5) All other applicable provisions of this under this subsection if the person under 18 years article will be observed. was in a restroom not open to public view.;or persons of the opposite sex. (e) Grant or denial ' by majority vote; decisions final. The city council shall grant or deny the (c) A person commits an offense if such person exemption by a majority vote. Failure to reach a appears in a state of nudity or seminudity, or majority vote shall result in denial of the exemp- knowingly allows another to appear in a state of tion. Disputes of fact shall be decided on the basis nudity or seminudity in an area of a.nudemodel of a preponderance of the evidence. The decision studio premises which can be viewed fromi _the :-:; of the citycouncil shall be final. public right-of--way. (f) Period of validity. If the city council grants (d) A nude model studio shall not placeor .;: the exemption, the exemption shall be valid for °`'p p permit a bed,sofa,or mattress in any room on the ,,; e year from the date of the city council's action. premises, except that a sofa may be placed„in a pon the expiration of an exemption, the sexually reception room open to the public. oriented business shall be in violation of the (Ord. No. 399, § 17, 12-1-87) ' CD5:14 , • BUSINESSES §5-176 • Sec. 5-174. Additional regulations for adult an adult motel, which exhibits on the premises in theaters and adult motion pic- a viewing room of less than 150 square feet of ture theaters. floor space, a film, video cassette, or other video • (a) A person commits an offense if the person reproduction which depicts specified sexual.activ- ities or specified anatomical areas, shall comply knowingly allows a person under the age of 18 years to appear in a state of nudity or seminudity with the following requirements: in or on the premises of an adult theater or adult (1) The application for a license to operate motion picture theater. a sexually oriented business shall be accompanied by a diagram of the premises showing a plan (b) A person under the age of 18.years commits thereof specifying the location of one or more an offense if such person knowingly appears in a manager's stations and the location of all over- state of nudity or seminudity in or on the prem- head lighting fixtures and designating any por- ises of an adult theater or adult motion picture tion of the premises in which patrons will not be theater. permitted.A manager's station may not exceed 32 (c) It is a defense to prosecution under subsec- square feet of floor area. The diagram shall also tions(a)and(b)of this section if the person under designate the plgce at which the permit will be 18 years was in a restroom not open to public view conspicuously posted,if granted.A professionally or persons of the opposite sex. prepared diagram in the nature of an engineer's (Ord. No. 399, § 18, 12-1-87) or architect's blueprint shall. not be required; however, each diagram should be oriented to the Sec. 5-175. Additional regulations for adult north or to some designated street or object and motels. should be drawn to a designated scale or with marked dimensions sufficient to show the various • (a) Evidence that a sleeping room in a hotel, internal dimensions of all areas of the interior of motel, or similar commercial establishment has the premises to an accuracy of plus or minus six been rented and vacated two or more times in a inches.The deputy director of police services may period of time that is less than ten hours creates waive the diagram for renewal applications if the a rebuttable presumption that the establishment applicant adopts a diagram that was previously is an adult motel. submitted and certifies that the configuration of the premises has not been altered since it was (b) A person commits an offense if, as the prepared. person in control of a sleeping room in a hotel, motel, or similar commercial establishment that (2) The application shall be sworn to be does not have a sexually oriented business li- true and correct by the applicant. cense, such person rents or subrents a sleeping (3) No alteration in the configuration or room to a person and, within ten hours from the location of a manager's station may be made time the room is rented, he rents or subrents the without the prior approval of the deputy director same sleeping room again. of police services or his designee. (c) For purposes of subsection (b) of this sec- (4) It is the duty of the licensee to ensure tion, the terms"rent" or"subrent" shall mean the that at least one agent or employee is on duty and act of permitting a room to be occupied for any situated in each manager's station at all times form of consideration. that any patron is present inside the premises. (Ord. No. 399, § 19, 12-1-87) (5) The interior of the premises shall be Sec. 5-176. Regulations pertaining to exhi- configured in such a manner that there is an bition of sexually explicit films unobstructed view from a manager's station of or videos. every area of the premises to which any patron is permitted access for any purpose excluding (a) A person who operates or causes to be• operated a sexually oriented business, other than restrooms. Restrooms may not contain video re- production equipment. If the premises has two or CD5:15 • , , ._ • _ . , , _ , iii §5-176 SOUTHLAKE CITY CODE more manager's stations designated, then the commercial gain or to exploit sexual lust or per- interior of the premises shall be configured in version for commercial gain, any of the following: such a manner that there is an unobstructed view of each area of the premises to which any patron (1) Human sexual intercourse, masturba- is permitted access for any purpose from at least tion, or sodomy; one of the manager's stations. The view required (2) Fondling or other erotic touching of in this subsection must be by direct line of sight human genitals, pubic region,buttocks,or female from the manager's station. breasts; (6) It shall be the duty of the licensee and (3) Less than completely and opaquely cov- it shall also be the duty of any agents ano em- ered human genitals, buttocks, or that portion of ployees present in the premises to ensure that: the female breast below the top of the areola; or a. The view area specified in subsec- (4) Human male genitals in a discernibly tion(aX5)of this section remains unobstructed by turgid state, whether covered or uncovered. any doors, walls, merchandise, display racks or other materials at all times that any patron is (b) In this section, the wprd"display"means to present in the premises; and locate an item in such a itianner that, without obtaining assistance from an employee of the b. No patron is permitted access to business establishment: any area of the premises which has been desig- nated as an area in which patrons will not be (1) It is available to the general public for permitted in the application filed pursuant to handling and inspection; or subsection (a)(1) of this section. (2) The cover, outside packaging, or con- _ • (7) The premises shall be equipped with tents of the item is visible to members of the overhead lighting fixtures of sufficient intensity general public. to illuminate every place to which patrons are (Ord. No. 399, § 21, 12-1-87) State law reference—Sale, distribution or display of permitted access at an illumination of not less harmful material to minors,V.T.CA,Penal Code§43.24. than one footcandle as measured at the floor level. (8) It shall be the duty of the licensee and Sec. 5-178. Amendment of article. it shall also be the duty of any agents and em- Sections 5-170 and 5-171 may be amended only ployees present in the premises to ensure that the after compliance with the procedure required to illumination described in subsection (a)(7) of this amend a zoning ordinance. Other sections of this section is maintained at all times that any patron article may be amended by vote of the city council. is present in the premises. (Ord. No. 399, § 27, 12-1-87) (b) A person having a duty under subsections (a)(1)—(a)(8) of this section commits an offense if Sec. 5-179. Injunctive relief. such person knowingly fails to fulfill that duty. . (Ord. No. 399, § 20, 12-1-87) A person who operates or causes to be operated a sexually oriented business without a valid li- cense or in violation of section 5-170 is subject to Sec. 5-177. Display of sexually explicit ma- a suit for injunction as well as,prosecution"for terial to minors. criminal violations. (Ord. No. 399, § 23, 12-1-87) (a) A person commits an offense if, in a busi- - - ness establishment open to persons under the age Sec. 5-180. Enforcement;penalties for viola- of 17 years, such person displays a book, pain- tion of article. hlet, newspaper, magazine, film, or video cas- tte, the cover of which depicts, in a manner (a) Except as provided by subsection(b)of this t iculated to arouse_sexual lust or passion for section, any person violating a provision of this CD5:16 • BUSINESSES §5-196 article other than section 5-170, upon conviction, DIVISION 2. LICENSE* is punishable by a fine not to exceed$2,000.00 for each offense. Sec. 5-196. Required; application. • (b) If the sexually oriented business involved is (a) Offense to operate without. A person com- a nude model studio or sexual encounter center, mits an offense if the person operates a sexually then violation of section 5-170 or 5-196(a) is oriented business without a valid license, issued punishable as a class B misdemeanor. by the city for the particular type of business. (b) Application;signing as applicant. Each in- (c) Except as provided by section 5-180(b), any dividual desiring to operate a sexually oriented person violating a provision of this article other business must sign an application as the appli- than section 5-170, upon conviction,is punishable cant. If a sexually oriented business is to be by a fine not to exceed $500.00 for each offense. operated by an association, partnership, corpora- (d) It is a defense to prosecution under section corpora- tion or other legal entity, each person who is a 5-170, 5-173(d) or 5-196(a) that a person appear- member or an officer or who owns or controls a 20 ing in a state of nudity did so in a modeling class percent or greater interest, including corporate operated: stock, in such entity must sign an application as • applicant and be qualified pursuant to this arti- (1) By a proprietary school licensed by the cle. Each person who is a member or an officer or state or a college, junior college, or university who owns or controls 20 percent or greater inter- supported entirely or partly by taxation; est, including corporate stock, of an association, partnership,corporation or other legal entity which (2) By a private college or university which owns or controls 20 percent or greater interest, • maintains and operates educational programs in including corporate stock;of an association, part- which credits are transferrable to a college,junior nership, corporation or other legal entity which college, or university supported entirely or partly operates a sexually oriented business shall sign by taxation; or an application as the applicant and must be qualified under this article. (3) In a structure: (c) Contents of application form. An application a. Which has no sign visible from the for a license must be made on a form provided by exterior of the structure and no other advertising the deputy director of police services. The appli- that indicates a nude or seminude person is• cation farm shall be sworn to by the applicant and available for viewing; shall include: b. Where in order to participate in a (1) The name, residence and business ad- class a student must enroll at least three days in dresses of the applicant; advance of the class; and (2) Whether or not the applicant meets c. Where no more than one nude or each of the requirements set forth in section seminude model is on the premises at any one 5-197; time. (3) The address of the premises which the applicant intends to operate as a sexually ori- . - (e) It is a defense to prosecution under section ented business; 5-170 or section 5-196(a)that each item of descrip- tive, printed, film, or video material offered for (4) The present ownership interest of such. sale or rental, taken as a whole, contains serious applicant in the sexually oriented business; literary, artistic, political, or scientific value. (Ord. No. 399, § 22, 12-1-87) (5) The name, residence and business ad- dresses of each person and each entity,associa 'State law reference—Licenses or permits,V.T.C.A.,Lo- Secs. 5-181-5-195. Reserved. cal Government Code§243.007. CD5:17 $5-196 SOUTHLAKE CITY CODE 11111 . . tion, partnership or corporation, if any, which sexually oriented business is to be operated,show- owns or controls an interest in the sexually ori- ing that the applicant has complied with the ented business with respect to which such appli- assumed name laws of the state. The'assumed cation applies and the names of any entities, name certificate shall be prepared on a form associations,partnerships or corporations,owned prescribed by the deputy director of police ser- or controlled by the applicant, and the names, vices. No license shall be issued or renewed when residence and business addresses of any person the applicant is operating under an assumed who is a member or officer or holder of 20 percent name or any name other than the real name of the or more corporate stock in such entity; and individual operating or intending to operate a - _.- (6) Information with respect to such-other sexually oriented business until such certificate, is duly signed by such county clerk,or his deputy, matters, consistent with this article, as may be specified in the application form. provided in compliance herewith. (Ord. No. 399, § 5, 12-1-87) (d) Accompanying sketch or diagram. The ap- State law reference—Assumed business or professional plication must be accompanied by a sketch or name,VT.C.A.,Business and Commerce Code ch.36. diagram showing the configuration of the prem- ises, including a statement of total floor space Sec. 5-197. Issuance. " . occupied by the business. The sketch or diagram (a) Approval conditions. The deputy director.of need not be professionally prepared but must be police services shall approve the issuance of a drawn to a designated scale or drawn with marked license to an applicant, or to the transferee as - dimensions of the interior of the premises to an applicant upon the transfer of ownership or con- accuracy of plus or minus six inches. Applicants trol by an applicant or licensee of all or any part of who must comply with section 5-176 shall submit such applicant's or licensee's ownership or control diagram meeting the requirements of sectionilo of a sexually oriented business within 30 days -176. after receipt of an application, unless the deputy 4_ (e) Applicant ownership interest; separate li- director of police services finds one or more of the cense for each location. An applicant shall have a following to be true: ' present ownership interest in the sexually ori- (1) An applicant is under 18 years of age. ented business with respect to which the appli- cant makes application for license. A separate (2) An applicant or an applicant's spouse is application shall be required for each address, overdue in their payment to the city of taxes,fees, place, premises or location which the applicant fines, or penalties assessed against or imposed operates as a sexually oriented business, and a upon them in relation to a sexually oriented license issued to a person is valid only with business. respect to the sexually oriented business and at (3) An applicant has failed to provide in- the exact address, place, premises or location formation reasonably necessary for issuance of listed in the application for such license. the license, or has falsely answered a question or (f) Qualifications of applicant. The applicant request for information on the application form. must be qualified according to the provisions of (4) An applicant or an applicant's spouse this article, and the premises must be inspected has been convicted of a violation of a provision of and found to be in compliance with the law by the this article, other than the offense of operating a health department, fire services, and building sexually oriented business without a license,within. . official.The applicant shall comply with all appli- two years immediately preceding the application. . . cable city, county, state and federal laws. The fact that a conviction is being appealed shall (g) Assumed business or professional names. have no effect. An applicant operating a sexually oriented busi- (5) An applicant is residing with a person` ':.-= ness under an assumed name shall attach to the who has been denied a license by the city to 4111Pplication a certificate of assumed name issued operate a sexually oriented business within 'the y the county clerk of the county in which the preceding 12 months, or is residing with a person'' CD5:18 BUSINESSES §5-198 • whose license to operate a sexually oriented busi- 3. Sexual assault or aggravated ness has been revoked within the preceding 12 sexual assault as described in V.T.C.A., Penal months. Code ch. 22; • (6) The premises to be used for the sexu- 4. Prohibited sexual conduct, en- ally oriented business have not been approved by ticing a child, or harboring a runaway child as the health department, fire services, and the described in V.T.C.A., Penal Code ch. 25; building official as being in compliance with op- 5. Criminal attempt, conspiracy, plicable laws and ordinances. or solicitation to commit any of the foregoing (7) The license fee required by this article offenses. has not been paid. b. For which: (8) An applicant has been employed in a 1. Less than two years have sexually oriented business in a managerial capac- elapsed since the date of conviction or the date of ity within the preceding 12 months and has release from confinement imposed for the convic- demonstrated that he is unable to operate or tion,whichever is the later date, if the conviction manage a sexually oriented business premises in is of a misdemeanor offense; a peaceful and law-abiding manner, thus necessi- • 2. Less than five years have tating action by law enforcement officers. elapsed since the date of conviction or the date of (9) An applicant or the proposed establish- release from confinement for the conviction,which- ment is in violation of or is not in compliance with ever is the later date, if the conviction is of a section 5-169, 5-170, 5-172, 5-173, 5-174, 5-175, felony offense; or 5-177 or 5-203.• 3. Less than five years have(10) An applicant or an applicant's spouse elapsed since the date of the last conviction or the has been convicted of a crime: date of release from, confinement for the last conviction, whichever is the later date, if the a. Involving: convictions are of two or more misdemeanor of- 1. Any of the following offenses as fenses or combination of misdemeanor offenses described in V.T.C.A., Penal Code ch. 43: occurring within any 24-month period. i. Prostitution; ii. Promotion of prostitution; (b) Effect of appeal of conviction. The fact that a conviction is being appealed shall have no effect iii. Aggravated promotion of on the disqualification of the applicant or the prostitution; applicant's spouse. iv. Compelling prostitution; v. Obscenity; (c) Contents of license;posting. The license, if granted, shall state on.its face the name of the vi. Sale, distribution, or dis- person to whom it is granted, the expiration date, play of harmful material to minor; and the address of the sexually oriented business. vii. Sexual performance by a The license shall be posted in a conspicuous place child; or . at or near the entrance to the sexually oriented viii. Possession of child por- business so that it may be easily read at any time. nography. (Ord. No. 399, § 6, 12-1-87) 2. Any of the following offenses as described in V.T.C.A., Penal Code ch. 21: Sec. 5-198. Fees. i. Public lewdness; Each application for a license or a license re- ill ii. Indecent exposure; or newel shall be accompanied by a cashier's check iii. Indecency with a child. or money order, payable to the city,in the amount CD5:19 §5-198 SOUTHLAKE CITY CODE ! III t. prescribed by resolution adopted by the city coun- (5) Demonstrated inability to operate or cil from time to time.Such fee shall be nonrefund- manage asexually oriented business in a peaceful able. and law-abiding manner thus necessitating ac- (Ord. No. 399, § 7, 12-1-87; Ord. No. 592, §§ 1, 3, tion by law enforcement officers; 9-7-93) (6) Failed to notify the deputy director of - police services of a conveyance or transfer of Sec. 5-199. Expiration and renewal. ownership or control of the sexually oriented • business within ten days of such conveyance or (a) Each license shall expire one year from the transfer in accordance with section 5-203(c). date of issuance and may be renewed only by (Ord. No. 399, § 10, 12-1-87) making application as provided in section 5-196. Application for renewal should be made at least Sec. 5-201. Revocation. 30 days before the expiration date, and when made less than 30 days before the expiration date, (a) The deputy director of police services shall the expiration of the license will not be affected. revoke a license if a cause of suspension in section 5-200 occurs,and the license has been suspended (b) When the deputy director of police services within the preceding 12 months. denies renewal of a license, the applicant shall (b) The deputy director of police services shall not be issued a license for one year from the date revoke a license if the deputy director of police of denial. If, subsequent to denial, the deputy services determines that: director of police services finds that the basis for denial of the renewal license has been corrected or (1) A licensee gave false or misleading in- abated, the applicant may be granted a license if formation in the material submitted to the deputy Oa t least 90 days have elapsed since the date denial director of police services during the application became final. p rocess. (Ord. No. 399, § 9, 12-1-87) (2) A licensee or an agent or an employee of a licensee has knowingly allowed possession, Sec. 5-200. Suspension, use, or sale of controlled substances on the prem- ises. The deputy director of police services shall suspend a license for a period of not to exceed 30 (3) A licensee or an agent or an employee days if the deputy director of police services of the licensee has knowingly allowed prostitution determines that a licensee or an agent or an on the premises. employee of a licensee has: (4) A licensee or an agent or an employee of the licensee knowingly operated the sexually (1) Violated or is not in compliance with oriented business during a period of time when section 5-169, 5-170, 5-172, 5-173, 5-174, 5-175, the licensee's license was suspended. 5-176, 5-177 or 5-203; (5) A licensee has been convicted of an (2) Engaged in excessive use of alcoholic offense listed in section 5-197(a)(10)a for which beverages while on the sexually oriented business the time period required in section 5-197(a)(10)b premises; has not elapsed. (3) Refused to allow an inspection of the (6) On two or more occasions within a' sexually oriented business premises as autho- 12-month period, a person committed an offense rized by this article; occurring in or on the licensed premises of a crime listed in section 5-197(a)(10)a, for which a convic- (4) Knowingly permitted gambling by any tion has been obtained, and the persons convicted erson on the sexually oriented business prem- of such crime were agents or employees of the ses; licensee at the time the offenses were committed. CD5:20 BUSINESSES $5-203 • (7) Except as provided in subsection (d) of Sec. 5-202. Appeal of revocation or suspen- this section,a licensee or an agent or an employee sion. of a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, mas- turbation, or sexual contact to occur in or on the the issuance of a license,or suspends or revokes a licensed premises.The term"sexual contact"shall license, the deputy director of police services shall have the same meaning as it is defined in V.T.C.A., send to the applicant, or licensee, by certified Penal Code § 21.01. mail, return receipt requested, written notice of such action and notice of the right to an appeal. (8) A licensee is delinquent in payment to The aggrieved party may appeal the decision of the city for hotel occupancy taxes, ad valorem the deputy director of police services to the city taxes, or sales taxes related to the sexually ori- council by filing an appeal with the city secretary ented business. within ten days of the receipt of the notice of such denial, suspension or revocation. The filing of an (9) A receiver, successor in interest or a appeal stays the action of the deputy director of transferee of an ownership interest in the sexu- police services in suspending or revoking a li- ally oriented business failed to notify the deputy cense, and the city council shall make a final director of police services of such change in accor- decision with respect to such denial, suspension dance with section 5-203(c). or revocation. If within a ten-day period, the deputy director of police services suspends, re- (c) The fact that a conviction is being appealed yokes or denies issuance of any other license of an shall have no effect on the revocation of the individual operating a sexually oriented business license. at the same location, then the city council may • (d) Subsection (bX7) of this section does not consolidate the request for appeals,if any,of those actions into one appeal. apply to adult motels as a ground for revoking the (Ord. No. 399, § 12, 12-1-87) license unless the licensee or an agent or an employee of the licensee knowingly allowed the Sec. 5-203. Transfer. act of sexual intercourse, sodomy, oral copulation, (a) A licensee, including any applicant for a masturbation, or sexual contact to occur in a license, shall not transfer his license,or all or any public place or within public view. part of his ownership or control of a sexually (e) When the deputy director of police services oriented business, to another, nor shall a licensee revokes a license, the revocation shall continue operate a sexually oriented business under the authority of a license at any place other than the for one year and the licensee shall not be issued a license to operate a sexually oriented business in address designated in the application and stated on the face of the license. accordance with section 5-197, for one year from the date the revocation became effective. If, sub- (b) On the death of a licensee, or upon bank- sequent to revocation, the deputy director of po- ruptcy, receivership or partnership dissolution lice services finds that the basis for the revocation with respect to a sexually oriented business, the has been corrected or abated, the applicant may receiver or successor in interest to a license may be granted a license if at least 90 days have apply to the county judge for certification that elapsed since the date the revocation became such person is the receiver or successor in interest effective. An individual whose license was re- to such license. On certification and upon the yoked under subsection(b)(5) of this section may furnishing of such information as the deputy not be granted another license until the appropri- director of police services may require, unless • ate number of years required under section good cause for refusal is shown, the deputy direc- 5-197(a)(10)b has elapsed since the termination of tor of police services shall grant permission, by any sentence, parole, or probation. letter or otherwise,for the receiver or successor in • (Ord. No. 399, § 11, 12-1-87) interest to operate the sexually oriented business CD5:21 §5-203 SOLJTHLAKE CITY CODE III1 during the unexpired portion of the license. Such (b) Registration. A person shall not engage in a license shall not be renewed, but the receiver or the business of painting address numbers on successor in interest may apply for an original street curbs for remuneration in the city without license in accordance with the requirements of first registering with the city and obtaining a this article. A receiver or successor in interest registration certificate from the city secretary. operating a sexually oriented business for the (Ord. No. 644, § 2, 7-16-96) unexpired portion of the license shall be subject to Cross reference—Definitions generally,§ 1-2. .the requirements of this article in the same man- ner as if such receiver or successor in interest had Sec. 5-223. Application. been issued the original license. .; A curb painting vendor shall submit an appli- (c) Each person becoming a receiver, successor cation for registration,which shall be made under in interest or transferee of an ownership or con- oath and which shall contain: trolling interest in a sexually oriented business shall notify the deputy director of police services (1) Proof of identification and address of . of such change in ownership or control within ten the applicant,to be provided through the applicant's days of the effective date of such transfer.Failure driver's license, articles of incorporation, or other to notify the deputy director of police services 'legally recognized form of identification. shall be grounds for suspension or revocation of the license. (2) If the applicant is employed by another; (Ord. No. 399, § 13, 12-1-87) the name and business address of the employer. Secs. 5-204-5-220. Reserved. (3) The location or locations at which the applicant will be soliciting business. _ S (4) If the applicant has been convicted of a ... ARTICLE VL PAINTING ADDRESS felony, misdemeanor, or ordinance violation in- NUM3ERS ON STREET CURBS volving fraud, a sex offense, trafficking in con- trolled substances, or of any violent acts against Sec. 5-221. Purpose. persons or property within five years preceding the date of application, a description of each such The purpose of this article is to protect the conviction. The description shall include the date citizens against crime, including deceptive prac- the offense occurred, the date of the conviction, tices, fraud, and burglary, to minimize the unwel- the location of the offense,the offense of which the come disturbance of citizens and the disruption of applicant was convicted, and the sentence re- citizens'privacy,and to preserve the public health,- ceived. For purposes of this section, a,conviction safety, and general welfare by registering and shall be deemed to have occurred if an applicant regulating those persons engaged in the business is ordered to be placed upon deferred adjudication of painting address numbers on street curbs. or community supervision. (Ord. No. 644, § 1, 7-16-96) (Ord. No. 644, § 3, 7-16-96) Sec. 5-222. Definition;registration required. Sec. 5-224. Fees and duration. (a) Definitions. The following words, terms and phrases when used in this article, shall have the An applicant for registration shall pay, at the meanings ascribed to them in this subsection, time of application, an annual fee for each em- unless the context clearly indicates a different ployee who will be soliciting. At the time of the meaning: adoption of the ordinance from which this article is derived, the fee shall be set at$10.00, provided Curb painting vendor means a person who however, that subsequent to the adoption of the .ngages in the business of painting address num-ers on street curbs for remuneration. ordinance from which this article is derived, the fee shall be as set out in the fee schedule adopted CD5:22 Ar Texas Transportation Commission 125 E. 11TH STREET • AUSTIN,TEXAS 78701-2483 U' rb October 1, 1998 `Y t�- Y= ROBERT L. NICHOLS 1(� t ,!. r_ MEMBER I—i ` i` It Mr. Curtis E. Hawk ; . OCT - 7 ion City Manager, Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 Dear Mr. Hawk: Thank you very much for meeting with me the day before the Commission Meeting, regarding transportation projects in the Metroport area. It was very helpful to gain a better understanding of actions that have been taken previously. Also, learning the extent of regional effort in identifying the primary project as well as the current situation made the decision easier. Please read the attached testimony by Chairman Laney and myself with regard to • transportation in Texas. You will find it straight forward and very informative. If I can help you in the future, please let know. Sincerely, Robert L. Nichols Member, Texas Transportation Commission Enclosure cc: Mr. Coby Chase, LAO S An Equal Opportunity Employer S Section B.Page 2/www.star-telegram.com/Tuesday,October 6, 1998 N r Speed humps so popular funding can't keep up FORT WORTH—A speed-hump pro- gram designed to put the brakes on lead- footed motorists is so popular that the city is having trouble keeping up with the demand. City Hall has received more than 120 applications for the humps since the pro- gram went citywide in July, but because of budget limitations only a fraction of those requests will be filled in the next year, said Hugo Malanga, director of the Transportation/Public Works department. "We have to look at accidents in the area, schools on the street, pedestrian activities and prioritize," said Malanga, • who will update the council on the pro- gram during a work session this afternoon at City Hall, 1000 Throckmorton St. The council's regular meeting will be at 7 p.m. in Oakhurst Elementary School's auditorium, 2700 Yucca Ave. • nil PLANNING AWARD RECIPIENTS ANNUAL CONFERENCE . A PA Austin, Texas October, 1998 Atakil TEXAS TEXAS APA LIFETIME ACHIEVEMENT PROJECT PLANNING AWARD AWARD HUGO LEIPZIGER-PEARCE, A.I.A. RTKL—Addison Circle Professor Emeritus of Architecture at the University of Texas at Austin PROJECT PLANNING AWARD COMMUNITY OF THE YEAR AWARD THE DALLAS PLAN—Dallas Biotechnology Strategy CITY"OF VICTORIA PROJECT PLANNING AWARD • CHAPTER PRESIDENT'S AWARD (Honorable Mention)CITY OF LEVELLAND—Park Plan CAROL BARRETT, AICP Principal Planner COMPREHENSIVE PLANNING AWARD Planning&Environmental Conservation Services Department City of Austin DALLAS COUNTY -Dallas County Trail Plan CURRENT PLANNING AWARD COMPREHENSIVE PLANNING AWARD CITY OF LAREDO—Guide to Los Dos Laredos CITY OF ARLINGTON—Johnson Creek Corridor Plan CURRENT PLANNING AWARD CITY OF AUSTIN—Guide to Neighborhood JOURNALISM AWARD Planning CARTER.&BURGESS, INC.—Quarterly Journal CURRENT PLANNING AWARD STUDENT PROJECT AWARD CITY OF HOUSTON—Neighborhood Connections UNIVERSITY OF TEXAS AT ARLINGTON— Conference Fairview Community Development • CERTIFICATES OF ACHIEVEMENT FOR PLANNING EXCELLENCE CITY OF SOUTHLAKE CITY OF THE COLONY CITY OF BENBROOK CITY OF FORT WORTH CITY OF LEWISVILLE CITY OF CARROLLTON CITY OF VICTORIA CITY OF SAN MARCOS CITY OF MCALLEN TEXAS APA EXECUTIVE COMMITTEE TEXAS APA AWARDS COMMITTEE David Gattis,AICP:President Cameron Walker,AICP,Chair Mike McAnelly,AICP:President Elect Jimmie Smith Helen-Eve Liebman,Secretary Jorge Rousselin Ann Bagley,AICP:Treasurer Beth Hudson Paul Nedde, AICP: P.D.O. Robert LaCroix Bret Keast,AICP: Section Representative David Hoover,AICP Gene Lewis,Network Representative Ross Frie,'AICP Don Kellogg Emily Stadnicki • Rick Leisner,AICP • Project Contacts: Name Telephone City of Victoria John Kaminski,AICP (512)572-2795 City of Laredo Margarito Benavides (956)791-7441 City of Austin Carol Barrett,AICP (512)499-2648 City of Houston Robert Litke (713)754-0008 City of Levelland Rick Osborn, AICP (806)894-0113 City of Arlington James Richards (817)457-8123 The Dallas Plan Karen Walz, AICP (214)670-4908 County of Dallas Jim Carillo (214)739-0094 , Carter&Burgess, Inc. Bill Muenchinger (817)735-6000 University of Texas at Arlington Ard Anjomani (817)272-3366 RTKL Paris Rutherford (817)871-8877 • City of Southlake,Texas MEMORANDUM • October 6, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Policy for speed humps and other traffic calming devices. The policy for speed humps and other traffic calming devices has been prepared to meet the growing concerns of Southlake residents pertaining to the driving practices in neighborhood streets. The attached policy has been prepared together by the Department of Public Safety and Department of Public Works. The proposed policy identifies the following information: > eligibility requirements, > application procedures, > design standards and location procedures, > project prioritization process, > cost responsibility, S ➢ speed hump removal criteria, > other traffic calming devices. Attached to the policy is a suggested traffic calming evaluation plan. This plan identifies the procedures, which will be followed to ensure the residents within the impact area are involved in the evaluation process to determine the best approach for traffic calming. If the City Council desires, the current request for speed humps along Turnberry Lane may be approached as a pilot program. This would allow staff to pursue meetings with the residents to ensure they are informed of the proposed speed humps (beginning the evaluation plan at step 2). Please place this policy as a consideration item for the special City Council worksession scheduled on October 13, 1998. SS Attachements: Policy for Neighborhood Speed Humps and other traffic calming devices. • 3-1 City of Southlake • Department of Public Works Policy for Neighborhood Speed Humps and other traffic calming devices Purpose Speeding and unsafe driving practices on residential streets have become an increasing concern to the City of Southlake residents. Excessive speeds jeopardize both the safety and livability in the neighborhoods. Proposed traffic calming programs will be designed to meet the needs of a particular situation, and the actual features, spacing, layout, and other elements of the overall design will be determined by the particular circumstances of the case under consideration. This policy focuses primarily on the installation of speed humps, but provides a description of the other traffic calming devices which can be used to calm traffic along neighborhood streets. Of the various traffic calming devices used by municipalities to reduce speeds in residential areas, speed humps appear to be the most promising: they are self-enforcing, comparatively inexpensive, and effective in reducing speeds and cut through traffic. This • policy is designed to provide reasonable opportunities for the installation of speed humps on specified types of residential streets based upon technical criteria, the degree of support from the residents along the proposed street, and the street conditions. II. Eligibility Requirements for the Installation of Speed Humps For a street to be considered for speed hump installation in the City of Southlake,the proposed street must meet all the following technical guidelines: A. The proposed street must be classified other than an arterial or collector street as specified in the current City of Southlake Thoroughfare Plan. B. The proposed street should have no more than two traveling lanes, one in each direction. C. Traffic volumes on the proposed street must be more than 500 vehicles per day, but less than 4,000 vehicles per day (vpd). D. The proposed street shall have a posted or prima facie speed limit of 30 mph or less as determined in accordance with state law. • Pr Speed Hump Policy 9/30/98 Page 2 SEThe 85th percentile speed of the traveling traffic on the proposed street must be . greater than 35 mph. F. The street must not be an identified primary route for emergency response vehicles. III. Application Procedure A. Speed Hump Application Individual residents or Neighborhood Associations (hereinafter referred to as applicant) can initiate requests for speed hump installation. The request must be submitted in writing, including at least five (5) additional signatures (one per residence) of residents along the proposed street. To place a request please contact the following: City of Southlake Director of Public Works 1725 E. Southlake Blvd. Southlake, TX 76092 481-5581 x. 741 110 After an application for speed humps has been received,the city staff will conduct an investigation to determine whether the operational and geometric characteristics of the proposed street meet the eligibility requirements for speed hump installation. If these guidelines are not met, the street will not be considered for speed hump installation, and the applicant will be notified. There will be an evaluation to determine whether other traffic calming devices may be more effective on the proposed street. Consideration will also be given to whether or not the situation warrants the installation of traffic control devices (i.e.: stop signs, speed limit signs, etc) instead of traffic calming devices. B. Speed Hump Evaluation Plan Once the operational and geometric characteristics for eligibility have been met, the City will initiate the adopted speed hump evaluation plan. (Attachment 1) C. Petition Process A petition will be prepared to determine the level of agreement among residents on the proposed street. _ __ 3-3 Speed Hump Policy 9/30/98 Page 3 1. The petition will be initiated after step two of the evaluation process has been • completed. During this petition process, city staff will conduct the necessary engineering study for the impact area. 2. The applicant will be responsible for circulating the petition and information describing the traffic problem and procedures to be followed to residents in the impact area. 3. The plans displaying the proposed placement of traffic calming devices will be presented to residents during the second public meeting. The petition will be circulated again at the second public meeting to record the residents support or opposition of the proposed speed humps. Support from two-thirds majority of residents within the impact area is required to move the request forward for decision by the City Council. A public hearing will be scheduled once the City has received the signed petition. D. Impact Area The impact area is defined as those residents along local residential street which are negatively impacted by excessive through traffic volumes and/or speeding. • The impact area includes the proposed street and other neighborhood streets that connect to the proposed street. This defined impact area may vary based on circumstances surrounding a proposed street. Each household, business, school, etc. within the impact area is entitled to one signature on the petition per address. Non-resident property owners are not included in the petition to study process. In the case of one property owner with multiple properties within specifically affected area, that property owner will be provided 1 vote for each parcel they own. IV. Design Standards and Location Procedures A. Speed Hump Design Standards Attachment 2 illustrates the typical speed hump design to be used by the City of Southlake. Typical signs and markings to be used are also included in this attachment. 1. Construction Details a. The speed hump profile should be parabolic or flat-topped raised • pavement with 12' in length by 3" to 3 1/2" in height. Speed Hump Policy 9/30/98 Page 4 • b. The speed humps should be installed across the entire roadway to the lip of the gutter with the last one foot tapered flush with the pavement to minimize gutter running and to preserve drainage flows. c. Posts should be installed at the sidewalk where rolled gutters and sidewalks exist to minimize gutter running. B. Positioning Speed Humps The City of Southlake will determine the final location of all speed humps in accordance with these guidelines and safe traffic engineering principles. 1. Speed humps should be placed from 50 to 200 feet away from intersections, stop signs or tight turns. 2. Speed humps should be spaced from 200 to 400 feet apart to adequately manage speeds along the street. 3. The final positioning of the device should take into consideration the following which should be field verified prior to installation: • a. e d Sp e humps shall not be installed in front of driveways. They should be at least 5 to 10 feet away from driveways. b. Speed humps should be located on property lines when possible. c. Speed humps should not be installed over, or contain, manholes, water valves or be located adjacent to fire hydrants d. Speed humps located near drainage inlets should be installed downstream of storm drain inlet. e. Speed humps should be located near street lights to illuminate them at night. Installation of humps should take advantage of existing or planned street lighting. f. The City of Southlake may restrict parking within 50 feet of the speed hump (on the approach sides) if deemed necessary. g. The speed humps should not be located in horizontal of vertical curves where visibility of the speed hump is limited, nor on approaches to these curves. • • 3-S Speed Hump Policy 9/30/98 Page 5 1111 h. Speed humps shall not be installed within 300 feet of a traffic signal, stop sign or yield sign or within 75 feet of an uncontrolled intersection. C. Warning Signs 1. A 30" warning sign stating "Speed Hump" should be installed to notify motorists of the traffic-calming device. 2. A temporary (two weeks) warning flag should be placed on the approach side of each sign to add an animated impact to the signs. 3. Speed advisory signs stating the recommended speed limit(20 mph) should be installed beneath the speed hump warning sign. 4. Speed Hump notification signs should be installed at all major street approaches to the controlled street. D. Pavement Markings 1. One foot wide diagonal markings should be painted on each hump at 6 feet on center. These stripes increase the visual impact of the speed hump by increasing motorist awareness. (Attachment 2) IDV. Project Prioritization After the project evaluation plan has been completed and it has been determined that speed humps will be installed on a proposed street, the street will be placed on a priority list for construction of speed humps. A priority ranking based on a point system will be assigned to the proposed street depending on existing speeds and traffic volume; average number of speed-related accidents recorded by the Southlake Public Safety Department; and the presence of schools and other pedestrian-generating facilities such as parks, schools, etc. along the proposed street. The number of points assigned to each criterion for purposes of Project Prioritization are summarized in Attachment 3. The proposed streets with the greatest number of points will be given top priority. Among those with the same rank, higher priority will be given to proposed streets with the earliest application date. VI. Cost Responsibility The City of Southlake will bear the responsibility of the cost for speed hump installation, including humps, signs, pavement markings, and if necessary, special design features such as delineators. _ ___ _ Speed Hump Policy 9/30/98 Page 6 1110 VII. Speed Hump Removal Criteria Speed humps will be removed only when all of the following criteria have been met: A. The residents must apply for the removal of speed humps. B. The speed humps must have been in place for an adequate review period (typically twelve months) before considered for removal. C. The same criteria for installing speed humps will be followed for the removal of speed humps. A two-thirds majority petition of the residents of the impact area stating that the traffic calming devices no longer meet their needs and that they want them removed must be presented to the City. VIII. Other Traffic Calming Devices The recommendations for traffic calming will be based upon the circumstances of the case at hand and the best design practices. Some of the traffic calming measures that may be recommended for use in the City of Southlake are described in this section. All traffic calming plans will be fully explained to areas considering and/or requesting traffic • calming. A. Traffic Circles Traffic circles are circular raised islands placed in the center of an intersection. The size and shape of circles are typically 20 to 25 feet in diameter, but they can vary as determined by the physical construction of the intersection. 1. Purpose The primary purpose of a traffic circle is to divert traffic back onto collectors and arterials. They can also be used to regulate uncontrolled intersections. Another important purpose of a traffic circle is to reduce speeding. 2. Eligibility Criteria Traffic circles are only applicable at intersections within residential streets. Recommended for uncontrolled intersections where vehicle right-of-way may be uncertain. • 3- 7 Speed Hump Policy 9/30/98 Page 7 4110 3. Advantages a. Reduces vehicle speeds at the device location. b. Reduces collision points and severity when accidents occur. 4. Disadvantages a. High installation costs. b. Precludes bicycle accommodation. c. Causes deviation from straight line path. d. Affects fire response time and school bus turning radius. B. Chokers, Curb Extensions or Chicanes Chokers, curb extensions or chicanes are various methods of narrowing the roadway by extending raised curbs into the street. Chokers and curb extensions are typically at intersections. They can be used to reduce speeds at the location of the device or redirect traffic by prohibiting two way traffic flow. • 1. Purpose The primary purpose of curb extensions, chokers and chicanes is to provide a visual cue to motorists that they are on a residential street. Curb extensions also enhance the pedestrian crossing points. 2. Eligibility Criteria These must be placed on neighborhood streets. Curb extensions can be installed at intersections or mid-block. They may be used in conjunction with other traffic calming devices. 3. Advantages a. Reduces pedestrian crossing distance. b. Facilitates transit loading and unloading c. Prevents passing of turning vehicles. d. Requires no deviation from a straight line path. S 3 -8 Speed Hump Policy 9/30/98 Page 8 • 4. Disadvantages a. High installation costs. • b. Precludes bicycle accommodation. c. Eliminates parking along street. d. Maintenance cost can be high if landscaped e. May negatively effect drainage along the street. Other chokers or intersection redesign measures can take the form of semi- diverters or diagonal diverters. Semi-diverters limit access to a street from one direction by blocking half the street, especially if one direction of travel predominates on a street. Diagonal diverters place a barrier diagonally across an intersection, disconnecting the legs of the intersection. These devices are effective in reducing volume. C. Mid-Block Medians or Islands • These devices may be effective in reducing speeding and cut-through traffic and provide good landscape opportunities. They are similar to traffic circles, but they are elongated and are constructed in the middle of blocks. 1. Purpose The primary purpose of a mid-block median is to slow speeding and reduce the number and severity of vehicular accidents. 2. Eligibility Criteria The design of the median should be constructed to allow traffic to pass in both directions. They may be used in conjunction with other traffic calming devices. 3. Advantages a. Prevents passing. b. Separates opposing vehicle travel lanes. c. Provides visual enhancement of roadway. 410 Speed Hump Policy 9/30/98 Page 9 4. Disadvantages • a. Expensive if landscaped. P P b. Limits parking along streets. D. Rumble Strips Rumble strips are raised bands of material (typically reflectorized pavement marking tape)placed across the roadway to create a sound or vibration to alert motorists of upcoming situation requiring them to slow down or stop. Rumble strips are spaced approximately 2.5 to 4 feet apart. 1. Purpose The primary purpose of rumble strips is to slow speeding motorists. This traffic calming device typically acts as a warning signal to motorists. 2. Eligibility Criteria The design of the rumble strips should take into consideration the location they are place in relationship to residents. They are generally applicable only • where there is no close residential frontage. They may be used in conjunction with other traffic calming devices. 3. Advantages a. Slows speeding traffic. b. Notifies motorists of upcoming traffic calming devices. 4. Disadvantages a. Noisy to residents in close proximity to rumble strips. b. Reduces speed temporarily. • r! o ATTACHMENT 1 SUGGESTED TRAFFIC CALMING EVALUATION PLAN 1. Identify the problems through various sources such as citizen and/or Council input, traffic issues, etc. 2. Contact the neighborhood with formal notice and provide them with education and awareness programs concerning traffic calming devices, and provide them with enough information, including the city's POLICY FOR NEIGHBORHOOD SPEED HUMPS and other traffic calming devices for their consideration. It will be emphasized that a majority of neighborhood residents written support will be required for continuing this process. 3. To initiate the POLICY FOR NEIGHBORHOOD SPEED HUMPS and other traffic calming devices. Provide for traffic and engineering analysis for designation of affected areas along with establishing a recommended type of device with estimated cost of installation. 4. Staff will meet again with the neighborhood and provide them with the • findings of the traffic and engineering study. (Written support for the program from the neighborhood should have been received by the appropriate Staff and/or Council member. 5. Public hearing that will allow Staff to inform Council of the appropriate plan with the cost estimates. This hearing will also allow citizens to voice their continued support, ask questions, and provide opposing views. Prior to the hearing date, formal notice will be sent to all residents in the affected neighborhood. Notice will inform the residents of the public hearing to discuss the proposed traffic calming plan. Council will provide direction and approval of specific plan and expenditures. • pippliV' ATTACHMENT 2 • SPEED HUMP - PLAN VIEW WHITE TYPE II 1-SIDED 1' x 4' x 1' 10' V 2' e - e e ' :::-::::::::::::::. .....:.:.:..,:: ...::::::::,::. ,:.:::.:..:.:.:::::::::,.::::::::. ...:::::::.:::,::::::,:. .,:,..:::::,::.:-:::::,:,.::: ....:..::::.:„...... .:.....::.. ..:.:.......:.: ...:„.....::.:..:..:.:.:...:.:.:.:.. .:..:.:....,.:..:.:.:....:.:. .:„.....x.:....:.:.:.. N :;-:::::::::1:-:::.:::--::-.::-::i.::-:. .:::::::::-:::-..:::.:,::.:1.:::::,::::::::-,:::-:. .,..,...:::::.::::::::::::::::::,...:::::.:::::.:::„..:::.:,:: ... .::.::,.,,m .:.::::::::::„:„.::::::::::::,...„::::::::: :,::::::::,:,,:::::::. .::::.:„....:::::.:::.:, .:::,::::.::::::,::::„:::.:::::::„., .:...:,,,5 :..:::: .::::„.::::....:::::: ...,:::::::.:.:.::::::::.. ..::::.:.:.::.:.:....::: :.::.:.:.:.:.::.:.:.:..::::.:.:.::::: .::.:„., .,.,,, ..:.::::::::...... % ?:::::-:-::-:.N.:::; ::::,,:::.:::::"..: :::::::::.:::::.::::::::::.::::::::. :::,::. .:::.:,:,..,.:.::::: .:,.:.:::.::..,.:::::::.::.::.:. .:::,::::::::,:,::: :::::::::::,:.:::::.,::::::,:„.:::: :::::....., .....::::: .:,:,:::,::,:,:::: :.,:::::„.:.::::::::.:.:::: ..::::::.:„::::. ::::.::::::::::::::,::::::.:.:::::::. .....,,._:.: ..:_:„....:::: ...:.,..::.:::,.::::.;:,::.:.:::::: ::::::::.:.::: ::::::...:::::::::::..:.:.:::...::::::. ..-:„,:,... ,:::::.:,::: ::::,:.:::::::::::::.:.:.:::.:: .::::::::::. ::,::::::::::::::::::::„.:::::::::. ....,::::„:::::,. ........,„:„,.., ::::„::::::::::::::::,::::::: ..::.:,:,:,. ,,,::::,:,,,:,::::,.:.:,::::::::::.::. ..:.....:, .:::::,:;:-::::::.::::.:,::::::,:,:. .,:::::. .:::::::::::::::::,::::::::„.„:„ :..,:„„.„ ........., .....:.:.: ..::„.....:...:::.:.:.::::::::.:::: ::::: ....:::::::.::::::::.:.::::::„..::::: ::::::::.:::., :.:......:.:.:.:.:.::::.:.::::::.:.:. ..: .:::...:.::::.:.:.::::::.x.::::.:.: :::.....:::::„.... ...„--..:.: .......:.:.: .-..:.:.:::::..:.::.:.:.::.:.:.:.:.::. .::::.:.:.::.:.:.::::.:. .:.:.::::.:.:.:::::.:.:: eAS ,.::::.:.:.::. 9 •.:•••.,...-: TAPERED AT CURBS di' di' ROADWAY WIDTH (TYPICAL 28'TO 47) • W ow. y el 12 CI fl. LU � a D. Ns • 3 -7 • W8 (FIRST. WEEKS) -I 30"x30" :; :1 11: • 'a •1, . ' .1 30 x30"Nf8 SPEED • %YARNING SIGN BLACK ON YELLOW f SPEED H HUMPS HUMP AHEAD will(20) 2 Q 18"x B W13-1 (20)SIGN Q 18"x1 " _ MPH MPH I • • V 1 W SPEED HUMP WARNING SIGNS c TRAVEL 12' / / SPEED HUMP PROFILE ATTACHMENT 3 Project Prioritization Criteria CRITERIA QUANTITY POINTS ASSIGNED Accident Criteria <3 1 (Total Number of Reported Accidents Over a Period of 3 Years) 3 or more 2 Speed Criteria <2 0 (Speed difference Between 2-4 2 85th Percentile Speed and 5-7 4 Posted Speed Limit mph) 8-10 6 >10 8 • Traffic Volume Criteria <500 1 500-1000 2 (Vehicles Per Day) 1000-2000 3 2000-4000 4 Schools (Located Along the 1 1 Proposed Street) Pedestrian Generator 1 1 Facility Criteria (Located Along the Proposed Street) 2 or more 2 Sidewalks on Project Street 0 1 • 3-/ • . •Scheduled Priorities - September 28, 1998 (City Man. gers Office, Parks, Finance,Public Safety,Public Works) Ref Dept Score ITEM 1998 1999 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug PR 1.57 Land Acquisition Plan for Ultimate Build-out of Appr. 'B/SPDC=SPDC Park System Rev. PW 1.71 Drainage Master Plan Appr. CC Rev. PW 1.71 Drainage ordinance Revisions Appr. WG===PZ==CC Rev. CMO 2.29 Citywide Strategic Plan Appr. CC==CC=_ Rev. PW 2.29 Storm Water Utility District(80%Complete) Appr. =---- �CWS= CC Rev. PW 2.43 Utility Placement Ordinance(50%Complete) Appr. - _WG -PZCC==CC Rev. PS 2.86 Lighting Standards/Street Light Standards(WG Appr. =WG== -CC 60%complete) Rev. PW 2.86 Street Standards Ordinance(Ord.217) Appr. WG==PZCC==CC (75%Complete) Rev. PR 3.14 Sidewalk/Trail Implementation Plan Appr. _- =PB=_=C.C. Rev. CMO 3.43 Smoking Ordinance Appr. WG==CC==CC I Rev. CMO 3.43 Commercial Dumpster Ordinance Appr. WG==CC=CC Rev. 1 PW 3.43 Utility Policies and Standards-Ordinance Appr. =WG==PZCt =CC (Revise Ord.No. 170)(25%Complete) Rev. PS 3.71 Health and Sanitation Ordinance Appr. CC Rev. CMO 3.86 Open Records Ordinance Appr. . PEN DING Rev. PR 3.86 Trail System Master Plan Update Appr. WS==SP==PB===CC Rev. PW 4.00 Septic Ordinance(25%complete) Appr. _,_—__=WG===PZ,CC==CC Rev. PS 4.14 Update Noise Control Ordinance No.484 Appr. — ----CC Rev. PR 4.43 Park Dedication Ordinance-Fee Justification Appr. ======WG===PB==CC Study Rev. LEGEND:(_)staff,CC=City Council,PZ=Planning and Zoning Commission,PB=Park Board,SP=SPIN,ZBA=Zoning Board of Adjustment,WS=Work Session,JWS=Joint WS with CC=PZ,WG=Work Group Bolded Italic Readline=Projects Added by City Council since the last Council rating and formal approval on June 26,1998 File=M:\WD-FILES\FORMS\Scheduled priorities.doc Page I of 2 • 1 Scheduled Priorities - September 28, 1998 (City Man ers Office, Parks,Finance, Public Safety, Public Works) ID Following are Completed Projects from Previous Priority Schedules 1.25 ,PR Update of the Parks and Recreation and Open Space Master Plan 1.75 PR Master Plan for Bob Jones Park 2.00 PR/CD Revisions to Park Dedication Section of Subdivision Ordinance 2.00 PR Master Plan for Bicentennial Park 2.50 PR/CD Sidewalk&Trails Ordinance 3.00 CMO Ordinance Codification(Administration portion) 5.00 PS Bicycle Program 1 9-3 Following are Requested Projects that have not been prioritized by City Council Ref Requested by ITEM Comments Impact fee update ordinance Needs to be revised by April 23, 1999 Bob Jones Park Ph. I Construction In progress Bicentennial Park Expansion Ph. II Construction In progress LEGEND:(_)staff,CC=City Council,PZ=Planning and Zoning Commission,PB=Park Board,SP=SPIN,ZBA=Zoning Board of Adjustment,WS=Work Session,JWS=Joint WS with CC=PZ,WG=Work Group Bolded Italic Readline=Projects Added by City Council since the last Council rating and formal approval on June 26,1998 File=M:\W D-FILES\FORMS\Scheduled priorities.doc Page2 of 2 IPCommunity Development Department - cheduled Priorities as of October 10, 1998 el , ,,' ..,'":4 a.1,!,crIr,i--t-.N. :,:::-';''::',-- -'•.:1\1:;:?,*"'-... .',t' ''' -,'",, J,,, :',, .,,,,,,,/,' := :,,-,kg.,,,,v,,,!.elotr:,....2.0:46,4,-:, 1 j...tN..,.,yoip,t I, .,r 07AF' ,41DIpp ig „i50,,,., ..6,11.) ,./4 ;k1 .,..:),4.0 ..iM141.4Yee, i A CD 2.00 Zoning Ordinance: Outside Storage&Display Appr. WG=--WG=CCPZ=PZ=;CCC Rev. 7-----,PZ=Pb4C0=CC • , • • . B CD 2.00 Zoning Ordinance: Reduce Residential PUD Min.Acreage Appr. CC=PZ=PZ=CC=CC Rev. ------PZ413ZCT-CC i C CD 2.43 Zoning Ordinance 480-BB: Impervious Coverage Appr. 132.--PZ*CC=Cu. Rev. PZ=PZ=CC=CC . . D CD 2.71 City-Initiated Rezonings per the 1998 LUP Update Appr. Pending Directio 1 by City Council Rev. E CD 2.71 Zoning Ordinance: Amendments to Parking Requirements Appr. —WG=WG-+-.CC-1344Z-CC4CC (May be impacted by impervious coverage results) Rev. ---•=.41G-WGi-CO-PZ-PZ=CC=CC • F CD 3.00 Sexually Oriented Business Ord.399 Appr. =-Cd=PZ=PL--CC--CC Rev. =CCI-PZ=PZ-CC--CC .... ..". G CD 3.14 Zoning Ordinance 480-V: Miscellaneous Revisions Appr. : • : —WG,-:--CC=PZ4PZ--CC:--CC I (Ai Rev. . WG7CC=PbrPZ=CC---CC . • : H CD 3.14 Zoning Ordinance: SUP for Commercial Uses in Industrial Appr. WG=i•CC=PZ-42=CCi=CC Districts Rev. —WGCC=PZIIZC=CC I 1 CD 3.14 Amortization of Certain Nonconforming Uses Appr. Pending Directiob by City Council • W=Work Session with CC&ZBA Rev. i •' • J CD 3.57 Zoning Ordinance: Front Yard Issues Appr. === WG= WG=CC Rev. _ -7,===10===V03=CC=PZT-PZ=CC7C K CD 3.86 Zoning Ordinance: Special Events Permit&Procedures Appr. WG Rev. WCI—WG.=PCOPZ...PZ= Appr. Rev. - • . • . . , LEGEND:(---=),---Staff,CC=City Cowicil, PZ=Planning and Zoning Conunission,PB=Park Board,SP=SPIN,ZBA=Zoning Board of Adjustment,WS=Work Session,JWS=loint WS with CC+PZ,WG-Work Group Bolded Italic Redline 1Peojere e e Added by city Counclyino,tliejfigCmigicil radios and jbeepal,gypre'egig,esfaere,2b119911 FileL\COMDEVNWP-FILES\PROJECISTRIORIPASCILEDULM1998‘10-10-98 WPD Page 1 of 2 • • s z' a,y 3„,„„;'., ,4 ,.d'`,,,��,�r "� `,lx ,, , 9„r ;C,,6 „,�,'s sr:�,t„, . � iYt 'tn. iii r_ tci ;c. t .. ,, .. --.- , . • 1, ''' �,;a'".'�,� 'ch,..•,, -a; i$ i , 4„A-1:rm' ,;A ig, - ,.� »?, ,,o, ,,,,,„„. "r,,,,„,°a a„ t^-„-.7: ,. "ip �:o„ � -- .. _.. _s'•_ .�_-_ ,. ,_. .-_.- ..� _ .. , CD/ 1.57 Sign Ordinance Revision:, Ordinance 704 Approved by Council on September 1, 1998 PS CD 2.00 Zoning Ordinance 480-CC:Residential Adjacency Standards Approved by Council on July 21, 1998 (Neighborhood Preservation Ordinance) CD 1.00 Comprehensive Land Use Plan Update Approved by Council on January 20, 1998 CD 2.33 Tree Preservation Ordinance 585-A Approved by Council on December 16, 1997 CD/P 2.50 Sidewalk Ordinance Approved by Council on December 16, 1997 CD 7N/ 11 Zoning Ord.480-Z(Service Station Regulation) Approved by Council on August 19, 1997 CD N/k,ry, Zoning Ord 480-Y(Personal Care Facilities) Approved by Council on July I, 1997 CD/P 2.00 Subdivision Ordinance-Park Dedication Provisions Approved by Council on July 1, 1997 •::;D 2.67 Subdivision Ord. Thoroughfare References&misc. Approved by Council on June 17, 1997 CD 1.00 Master Thoroughfare Plan Update Approved by Council on March 4, 1997 1 CD NI /,;fl1;' Zoning Ord 480-X(Revisions to PUD density calculations) Approved by Council on February 4, 1997 CD 1.67 Zoning Ord 480-W(Telecommunication Towers&Antennas) Approved by Council on February 4, 1997 CD , City •Initiated Rezoning of selected tracts Five groups of properties presented to P&Z,four have been withdrawn VOW.ti.,�a3 .1 i. . Y"I°��,tY I p nx•+., ` ry,,§, tlii , 44.'y;'.I ,n .. q..Iliks,, ..p�as0.0 1.,,,y, .µ i :,s 1 e. ; 4 +'.:,t. - . _ ....•�,^. i. a :n''kfriar"1104i " �i;h Il+fi' tva� ,, ,"I I I .t✓-iK:7,4 t'' i,w t . I) "S. ^ ,; l! tt -rl t.1ll..p ,.1:'"(al i, :.< i. t,,;-;., i g ' .,._- .__.rip . ,t•.k', „:... Yi.....35 ". �21-...s�;,t'„M�..1,.._,--_.-.._,iw.-....s,..+....,'tmy h.t l�k'?..._.__._. _ ... -. .. ._.. ..,.__-. , Ref Requested By ITEM Comments Councilmember Land Disturbance Ordinance/Permit . Martin Councilmembers , Revisions to Landscape Ordninance No.544 Martin and Edmondson LEGEND:(—)=Staff,CC=City Council, PZ=Planning and Zoning Commission,PB=Park Board,SP=SPIN,ZBA=Zoning Board of Adjustment,WS-Work Session,JWS=Joint WS with CC+PZ,WG=Work Group Bolded Italic Redline.-Pr%dr Added by.C(ry council.sins¢ti,s4At;Councti rating and formafopprovaionJranflgiiIM FiIrL:\COMDEV\WP-FILESWROJECTSIPRIOR1TYISCHBDULE\I998\10-10-98.WPD Page 2 oft WORKGROUPS' -October 10, 1998 Proposed Ordinance Staff Liaison City Council Planning&Zoning0 Others* (817)481-5581 Commission Drainage Ordinance Revisions Bob Whitehead x741 Scott Martin Ann Creighton Floodplain Ordinance Revisions Debra Edmondson Utility Placement Ordinance Bob Whitehead x741 Scott Martin City-Initiated Rezoning per the Chris Carpenter x866 Ronnie Kendall 1998 LUP Update Karen Gandy x743 Zoning Ordinance-Amendments Karen Gandy x743 Scott Martin to Parking Requirements Lighting Standards Chuck Bloomberg x747 Pamela Muller Street Standards Ordinance(Ord. Bob Whitehead x741 217) Zoning Ord.480-V(clean-up) Karen Gandy x743 Zoning Ordinance-SUP for Karen Gandy x743 Commercial uses in Industrial Districts Amortization of Certain Karen Gandy x743 Nonconforming Uses Utility Policies and Standards Bob Whitehead x741 Ordinance(Revise Ord.No. 170) / Zoning Ord.480,Various Sections, Karen Gandy x743 - Art Sorensen(ZBA) Yard/Frontage Issues Zoning Ordinance-Special Events Karen Gandy x743 Permit&Procedures Septic Ordinance Bob Whitehead,x741 • Park Dedication Fee Justification Kevin Hugman,x757 III Study Smoking Ordinance Shana Yelverton,x705 c Commercial Dumpster Ordinance Shana Yelverton,x705 • The Following are Not Yet Prioritized by City Council Earth Disturbance Ordinance Bob Whitehead x741 Scott Martin Paul Ward x755 Landscape Ord.Revisions Keith Martin x848 Scott Martin Greg Last x750 Debra Edmondson L:\COMDEVRVP-FILES\PROJECTS\WORKGRP\GRPLIST4.WPD 'Contact Karen Gandy,Zoning Administrator,should you desire to be included in a workgroup.(817)481-5581,ext.743. Other Projects Not Shown as Work Groups: Trail Implementation Plan Ronnie Kendall 1 • P! City of Southlake, Texas MEMORANDUM October 9, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Private Streets within the City of Southlake Background As the City of Southlake's boundaries have grown, so has the number of private streets existing within the City. These are streets that were dedicated as access easements rather than right-of-way and, therefore, were the responsibility of the residents along those streets to maintain. There has been concern raised by the residents along these streets as to the poor condition of the streets and possible intervention by the City to help bring them up to standard. This is possible, but would require that the City acquire the streets as right- of-way and budget accordingly to bring them up to standard. The streets could then be prioritized and rehabilitated over a period of time. This project could be similar to that of the Neighborhood Sewer Program and phased over several years. The prioritization would be based on the City's ability to acquire ROW, overall condition of pavement and drainage facilities, number of utilities located along the roadway, and overall cost of the rehabilitation. The following is a list of four potential rehabilitation projects and estimated costs: 1. Marantha Way- $ 361,600 (for paving improvements) 2. Our Lane- $ 383,400 ($180,000 for water and $203,400 for streets) 3. Michael Drive- $ 1,027,750 ($260,000 for water, $95,000 for sewer, and $672,750 for streets and drainage) 4. Lodestar- $ 353,320 ($220,000 for water, $104,500 for sewer and $248,600 for streets) 5-1 Curtis E.Hawk • Private Streets October 9, 1998 Page Two Discussion Funding of a "Neighborhood Street Program" would require reprioritization of the capital improvement budget. During the work session, staff will present a map showing the potential street projects and pictures of some of these streets. The attached map includes private streets located in private subdivisions, which could become an issue in the future as far as maintenance responsibility is concerned. Staff requests Council direction concerning private streets. K-7 BW/cre Attachment: Map Exhibit • D:\Word Files\Streets\Private\worksessionmemo.doc • 5-2 Private Streets IL l i 'i N IN . 1,.1 i aft.- om alai lIli r EMIM V i.liiiqb kJ'II r 1.►` �I;run*. ' Fall 1� W I ii111111~ a ■ IAIMM s1 ----- . IIII __1.It 40, 1M __ ♦ _ I"!M �i 1 191!l1111• 1111m'� i �'rgIlll ' 1 ar ..- -.Alm gm ' iatilatvekr, II ..�..■I�■I�r.�I■ .!emu �:i�■ �1►�►.,q•n, ..BOA �_'■ ✓�■ asz.■I■a a rau •.i♦.1= 41'■ �� il■ II II■.���a a►�)es ♦ Ir. \ 11. fl sere. 11112.1nri".- �i�lkir►q-i-1 ��Ir�-;CroiOsplIgIIrI�■�11►I 1 r ■." - :" IIII ■■ �arlimmlio�lll�1►�t1ua. �1nv��.. /1 i4._,ii!hh -,,. V aa: ■� �1 v nT!� umn:VA J --. filer a�.;i j►lj'.�1L :-.►�/dIlik a. :: / ■r■rea�11 r i11 ''�� _ �N 1\IL1 fa.r� �,+.: pp1��a./nlmiiti•i1=1 1: I�lI��^Y P ,.'.,� ; , � ..:: ��■ 1111► alrJ .�� al\\�1 '�le ��r ��� a ` FjlI1ML1I0 . ���I _ 9��`0,�:� I`.-.Dpa�-\���1/■ A� ��.0\r C■p�-�mu..�.�T'71 ar I 1 i l_I' s:io.'.G,il.rin� l.l.... .�. Derr I� 111.■• a ■ �MIIi.iii: igid -�4h:. li l ir�.■ ■ I�I�i �\�•ice.. 1""I 1- �: III1111�.1��1 �.T.rilr,l��il■ �ll� �,■.g1►./nn,Ill:■�n_..1 _ ■r n SI�.��.Fif111.0 ■ 1 a►-atilt: ' .1 .nlln.w,,,,'■ . 1�1.1 ■I 1 IIII■1 , I1 ■rs'� o 4-- '. .niu IIIIIIIIIIIIII-._�Ir �I II • :.'•- -��=-,;�; ; 1� 1�>I ������� � .; � ., � ��III�i ' _1 ; :.li -20._ i. ill . p 4 .,-■i■illiM a J. �lY �.. F.. . �>•.r -am] �::;.;; d. is:3i _ -..� , _- \1, r.,;> ■■amo►Iir■�igY� ;�mri� ri. I♦ p:'.,i ::'=°B ' \ t l m�,1,JIL-::i�',7 . woo illnumbr►m-=�s �� ,• ■■■■� w�r�,�'�.•��� •:.._ . .:•'•• pot .u. M��i?iw•�:iiNn'iai' .J�'�wl ",�1■■��IM■1■ ��..� :::- ■aar^G �;,Ai1 •:i r ?%� �ma■�:a„"!nvz- rh;., aio, 11::=:=is� .�;11 .� •,1 NM -_J ;pesp4 < 1 �riairs.�11.1■;1 ... .+''s:lll..Maimirra r gi marl 11_■ 1�1 1_ �. � vr, _ oa "TIN yea.*,=MoRl. , ;) 0-1 .e" hi `•-�y�•-'.pliii'i1ii MI_ 9. (�.-1 _.f 1■■� w.orp�n.q.,�.: �.�•�.,�.'�.�-�,_��.n..,,a_II.:1.: ► i.!•.,?:�CI[■� i.nm. ■IIII■ .a1 m' �. I ' v:9'.111. r=7•C-•.i" _II �_ r � �: ;:• _ I-� �_,i �.iT..-:...... miini 4•i+� ,rl■• 1 /��I,• i 11. /,'j..l:'1 '-ice ., 111..11 .. f uou.w■'i 11.1 +L•�:..:•ti�•• ••' .' ..'�-.��,_,i;�. -'I. rl•••'��••••un u1C�'i1��.-1: IIM IS ��,II1 I' it IIU:'. w• :A 1 4 /i1u.::: V . t11♦17�/I as . ... •::—j •,0+ Gnu ' 1 " n. .�r� 1 1 IJ�i. I `� ■ 1 u 111\�M■I���� ` '"Ifn�''..r.0 -•n' -r-�l_'; s 1E:��Lc�` ► �_�IIIti111., 111 5. ►^.. ''�.'.-..:c:�•ir♦:� ,��,....n..^/r`1 Lam.:..,. n,.� 111<�L��:I� -==_- .,—.0111- iniser ii Air 00 iggiir' i1$fllk =Wail i �•' n• �� I/`i fir_. j or, II/ --r. rr ..•: ape a ._____. Public, Not Improved City of Southlake 5-3 A/Private Subdivision Streets A/Private Streets S Michael Drive Area (Formerly Tiffany Acres) Background The 11.76 acre tract of land formerly known as Tiffany Acres is currently a legal nonconforming property with industrial uses. The City annexed the property in 1987 with the industrial uses, which are incompatible with the surrounding residential property. Upon annexation, land is automatically zoned Agricultural (AG) unless the City Council places the property in another zoning district appropriate to its use. Once the City has reviewed how the annexed properties fit into the City's Master Plan, it may initiate procedures to rezone the various tracts in order to comply with the areas intended use as defined in the Master Plan. The uses of property within the annexed area which are in conflict with city ordinances shall be considered nonconforming use. The nonconforming use of a structure may continue as long as the structure is not enlarged, extended, constructed, reconstructed, moved or structurally altered. The properties along Michael Drive continue to be nonconforming uses. Rezoning the property will • help bring the area into compliance with the zoning codes by allowing the city to enforce the development regulations related to the appropriate zoning district. Since its annexation, the rezoning of the Tiffany Acres/Michael Drive property has been a topic of discussion with the City. Attempts have been made to rezone the property from "AG" agricultural to "I-2" heavy industrial. The business owners along Michael Drive wanted the property rezoned to a more appropriate classification than agricultural, and they wanted Michael Drive improved. The attempts to rezone the property to industrial use were unsuccessful because the residents living close to Michael Drive have been opposed to rezoning of the property to Industrial Use because they do not favor an industrial development in their neighborhood. The neighbors had numerous complaints regarding the noise level, pollution, truck traffic, and high weeds from the businesses along Michael Drive. The residents opposed the zoning change because the expansion of businesses in the area would intensify their problems and create an intolerable condition for the residents living in close proximity to the property. In order to address the issues surrounding Tiffany Acres/Michael Drive it is important to provide the City Council with a chronological history of the events surrounding the property. Also, this report includes a discussion of the recent code enforcement activities with the properties along Michael Drive. Finally, this report discusses the steps needed to bring the area into compliance with development regulations. 0 Tiffany Acres/Michael Drive Report October 13, 1998 Page 2 • Chronological History of Tiffany Acres/Michael Drive This section outlines the actions related to the Tiffany Acres property before and after annexation into the City of Southiake. Prior to Annexation Received zoning application. Was determined that this action was not necessary. Received Preliminary Plat application. 1978 04/11/78 Planning and Zoning Commission approved Preliminary Plat (4-0) as Final Plat subject to Carter and Burgess' approval of the engineering. Due to the property being in Southlake's extraterritorial jurisdiction (ETJ), no zoning action could occur. 05/16/78 City Council approved (5-0) Final Plat subject to Carter • and Burgess recommendations (dated 04/28/78) "with the exception of the elevation of Lot 8 which will be added." 06/29/78 Final Plat of Tiffany Acres filed at Tarrant County in Volume 388-121, Page 33, PRTCT. 1980 04/20/80 Received letter from Southwest Land Title Co. on behalf of Lloyd and Doris Stepter regarding their request to abandon the plat and any dedications and restrictions of Tiffany Acres Addition. 10/21/80 Received a request from V. J. Strand and Henry J. Strand, the purchasers of Tiffany Acres Addition, to abandon the plat and any possible dedications and restrictions as filed with the plat. 10/24/80 Abandonment of Restrictions filed at Tarrant County Deed Records in Volume 7018, Page 1593 - 1595. 10/28/80 Planning and Zoning Commission approved (6-0) the request for abandonment of the Tiffany Acres plat. S 10 City Council approved (3-0) the abandonment of the Tiffffanyany Acres plat. _J Tiffany Acres/Michael Drive Report October 13, 1998 Page 3 • 1987 10/20/87 Michael Drive area (formerly Tiffany Acres) was annexed into the City of Southlake. Post-Annexation 1988 02/22/88 Rezoning request received from all property owners along Michael Drive (i.e., Prestige Gunite Inc., Lee Roy Hess, President; Wreck Master and Body Repair, Gary Messer; Robert Van Til; V.J. Strand Excavating; Roger L. Strand & Bradley Scribner). Requested zoning from "AG" Agricultural to "I-2" Heavy Industrial (ZA 88-07). 04/21/88 Case tabled to this Commission meeting from 04/07/88 meeting. Planning and Zoning Commission approved the I-2 request. 05/17/88 City Council approved First Reading of Ordinance No. 334-33. • 08/02/8 8 Case tabled to this Council meeting from the 07/19/88 meeting due to incomplete Developer Agreement. Council denied Second Reading, Ordinance No. 334-33. 1990 06/08/90 City learned that Abandonment of the Tiffany Acres plat had not been filed of record at Tarrant County (through correspondence with Raymond M. Meeks, Attorney for JEH Company, locating at 2395 Michael Drive). 08/07/90 Council instructed the City attorney to prepare the proper documents to abandon the Tiffany Acres plat, including any right-of-way commonly known as Michael Drive. 08/24/90 Vacation of Tiffany Acres plat filed of record at Tarrant County in Volume 10023, Page 1625, DRTCT. 1994 • 07/25/94 Rezoning request received from all property owners along. Michael Drive (i.e., Lee Roy Hess and Chris Cagle d/b/a Prestige Gunite Tiffany Acres/Michael Drive Report October 13, 1998 Page 4 110 Inc.; V. J. Strand d/b/a/ V.J. Strand Excavating; Sally and Brad Scribner; Robert Van Til, Individually and d/b/a Orlando Concrete, and Thomas Poteet). Requested zoning from "AG" Agricultural to "I-2" Heavy Industrial (ZA 94-86). 08/18/94 Planning and Zoning Commission denied (5-1) the I-2 request. 09/20/94 Case tabled to this Council meeting from the 09/06/94. Council tabled First Reading, Ordinance No. 480-139 to the 10/18/94 Council meeting. 10/18/94 Applicants withdrew their rezoning request per letter from Sally V. Scribner. Enforcement Issues Code Enforcement and Fire Services have been inspecting the properties along Michael Drive to reduce the accumulation of debris around the area as a result of illegal dumping. There has been • debris, trash, brush, old cars, etc. dumped in the vacant lots and along the creekway. The following table shows the results of recent code enforcement inspections of the properties along Michael Drive. Property Address Code Enforcement Inspection 2335 Michael Drive Property was in compliance with City Codes (8/12/98) Prestige Gunite 2365 Michael Drive No code enforcement violations found on property. (2/10/98) Mid- Cities Ornamental 2395 Michael Drive Issue warning violation for trash and debris(2/10/98) International Supply Co. Property was clean and debris removed (2/20/98) I 2425 Michael Drive Violations of high weeds and grass (8/10/98) Orlando Concrete Violations were corrected - lot was leveled and grass removed. 2445 Michael Drive Piles of debris found on property(9/10/98) Robert Van Till Sent certified letter to owner (9/15/98) III 57 Tiffany Acres/Michael Drive Report October 13, 1998 Page 5 0 Property Address Code Enforcement Inspection 2330,2360,2390, and 2420 Large piles of debris and dirt found on property(4/25/98) Michael Drive V. J. Strand Items corrected. (5/11/98) Inspected property and found junk cars and vehicles- letter sent to owner(8/10/98) Letter was signed for by Strands office(8/11/98) Inspected property and owner had not complied with request. Unable to locate owner to issue citation. (8/21/98) Issued citation to owner for junk and abandoned vehicles. (8/27/98) Several loads of debris had been removed from area. (9/1/98) Major improvements took place to property. (9/2/98) 2440 Michael Drive Inspected property and no items to be corrected. Hoe Works S2445 Michael Drive Met with owner to inspect property(9/17/98). The following Robert Van Till violations/corrective actions were identified: -Remove all debris around property; - Drums of oil to be removed from premises - Clean outside of premises and remove abandoned vehicles Owner has made progress to clean property(9/20/98). Steps needed to bring area into compliance with development regulations This section identifies the steps necessary to bring the Michael Drive properties into compliance with the City's development regulations. A. Rezone the properties to NRPUD "Non Residential Planned Unit Development" (Development Plan and/or Site Plan required), S-P-2 "Generalized Site Plan District" (Concept Plan required) or S-P-1"Detailed Site Plan District" (Site Plan required). A request for NRPUD would be needed if any single family residential uses are to be within the development. S-P-2 or S-P-1 request would be needed if the gross acreage is less than 10 acres. Once all conditions have been determined IIIthe best suited request can be determined. .5"-8 Tiffany Acres/Michael Drive Report October 13, 1998 Page 6 • 1. Prepare a Plan (Development Plan, Concept, or Site Plan) showing all existing structures which are to remain and any proposed structures. An as-built survey which includes all existing ownership boundaries should be prepared in order to identify all existing conditions. 2. Identify all existing uses and proposed uses to determine the most appropriate Zoning District to base development regulations upon. 3. Determine any variations of development regulations and permitted uses from the base Zoning District. 4. The zoning and associated Development Plan/Concept plan/Site Plan approval will require a public hearing and a recommendation of approval by the Planning and Zoning Commission, consideration and approval by the City Council and a public hearing and approval by the City Council. 5. If NRPUD zoning with Development Plan or S-P-2 zoning with Concept Plan is processed, a site plan must also be processed after the zoning approval for any new construction prior to issuance of a building permit. A Site Plan will require a public hearing and recommendation of approval by the Planning and Zoning Commission and a public hearing and approval • by the City Council. B. Preliminary/Final Plats, including Dedication of Michael Drive right-of-way. 1. Prepare Preliminary Plat showing all lots as they exist or are proposed. a. Drainage study required with preliminary water, sewer and drainage plans. b. A minimum 60' R.O.W. dedication is required for Michael Drive if it is intended for non-residential uses or is intended for asphalt paving with bar ditches. c. Preliminary Plat must conform to the approved Zoning District Regulations and associated plan approval. d. Preliminary Plat will require a public Hearing and recommendation of approval by the Planning and Zoning Commission and consideration and approval by the City Council. S Tiffany Acres/Michael Drive Report October 13, 1998 Page 7 i 2. Prepare Final Plat in conformance with the approved Preliminary Plat. a. Final Plat will require consideration and approval by the Planning and Zoning Commission. Infrastructure Improvements Required to Comply with City Standards Currently, Michael Drive is a private street. It is a 22' wide gravel and flex-base roadway. In order for the roadway to be accepted as a public street for the City to maintain, there are a number of improvements that must take place prior to acceptance. Roadway Improvements The zoning or use of the property for which it serves determines the width of the roadway. Currently, the primary use of the property is light industrial or commercial. For these uses, the roadway shall be 37' wide. Furthermore, a minimum 60' R.O.W. dedication is required for Michael Drive if it is intended for non-residential uses or is intended for asphalt paving with bar ditches. Additionally, upgrades shall be constructed to the existing creek crossing. A portion of • Tiffany Acres lies within the 100-year floodplain. The City recommends that the existing crossing structure is removed and the ultimate culvert is constructed prior to acceptance. Preliminary analysis indicates that the ultimate culvert needs to be 2 — 10' x 6' concrete box culverts. The estimated cost of the paving and drainage improvements as previously described is $585 /LF @ approximately 1,150 LF or$672,750. Water Improvements One water meter serves the existing properties on Michael Drive. In order to comply with the City standards for fire protection, a 12" water main shall be constructed along Michael Drive. This waterline will also provide domestic water service to each property owner. The estimated cost for the 12" waterline is $260,000 or $200/LF @ approximately 1,300 LF. Sewer Improvements The City installed the S-2 sewer line along the existing creek that bisects Tiffany Acres and crosses under Michael Drive. Therefore, sewer service is accessible to each property owner. The estimated cost for installing an 8" sewer line along Michael Drive to serve the existing property owners is $95 /LF @ approximately 1,000 LF or$95,000. The estimated total costs for water, sewer, drainage and paving improvements to Michael Drive • are $1,027,750. o0 Tiffany Acres/Michael Drive Report October 13, 1998 Page 8 • SPIN Involvement In order to gain the neighborhood support of the proposed steps to improve the Michael Drive area, SPIN meetings should be held to receive input from the neighborhood. Neighborhood meetings could involve the residents in discussions on various points surrounding the issue of industrial uses including hours of operations, lighting, noise, buffer yard requirements, and appearance of the properties. /// • City of Southlake, Texas MEMORANDUM • October 9, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Street Failures Background In 1994, street failures were observed in the Phase I section of Timarron. Over the course of approximately 12 months discussions were held between staff and the contractors to determine the possible causes of failures. In 1995, Wiss,Janney, Elstner Associates, Inc. was awarded a contract to investigate the possible causes of the failures with Alpha Testing doing the actual testing. In May 1996, a report was issued by Wiss, Janney, Elstner Associates, Inc. with the findings and recommended repairs. The project was authorized by City Council for implementation in the 96-97 budget, which allocated $650,000.00 for the entire project. The project, which originally • included grouting around the sewer pipe and replacing or repairing the concrete streets, was first bid in June 1997, with a low bid of $682,024.00 by Hayward Baker Co. Council chose to reject all bids for the project and divide it into phases to spread the cost over several years. As a result, the project was divided in the following phases and, again, included grouting around the sewer and repairing or replacing the concrete streets: Phase I- Creekway Bend Phase II- Bent Creek Drive Phase III- Bent Creek Drive (West), Bent Trail Drive, Bent Trail Circle Bids for Phase I of the project were advertised on August 24 and 31, 1997. Bids were publicly opened and read aloud on September 15, 1997. The low bidder for this project was Denver Grouting, with a low base bid of $436,440.30. This bid was rejected by Council during the October 7, 1997 Regular City Council Meeting. Council then directed staff to bid the slurry grouting portion of the project only due to concerns of the reliability of the grouting and possible damage to replaced pavement. Essentially, Council wanted to see if the grouting would be successful in supporting the existing pavement prior to its replacement. 6-1 Curtis E. Hawk, City Manager Street Failures October 9, 1998 Page Two Staff bid the three phases of the project for the slurry grouting only. The project was advertised on October 19 and 26, 1997. Bids were publicly opened and read aloud on November 5, 1997. Council awarded the contract to Denver Grouting in the amount of $153,013.61 for the grouting of Creekway Bend, or Phase I, in the Timarron Bent Creek subdivision. The project was completed in February of 1998 and, to date, the grouting that has been completed appears to have stopped any additional settling of the pavement. Currently, $496,986 remains in the CIP budget for the completion of this project. The estimated cost of repairing the pavement on Creekway Bend is $331,000. Council approved advertisement for bids for the repair of the concrete, including alternates for the completion of the additional phases, during the October 6, 1998 Regular City Council Meeting. Discussion These streets include only a portion of the failures that have been occurring in • subdivisions located in the southern portion of the City. Similar pavement failure is occurring on Byron Nelson Parkway, in Chimney Hill Estates, Timber Lakes, Southridge Lakes, and others including both concrete and asphalt streets. BW/cre Attachment: Executive Summary from Wiss, Janney, and Elstner Map Exhibit D:\Word Files\Streets\Failures\streetfailures98.doc 1111 6-2 Wiss,Janney, Elstner Associates, Inc. CONCLUSIONS The pavement and utility construction is generally in conformance with the plans and specifications, and with NCTCOG standards. Compaction of the utility trench backfill is generally in accordance with specifications and lack of compaction is not judged to be a significant contributor to the pavement distress. The areas of distress do not coincide with and are not limited to locations where there is storm sewer under the pavement. The investigation revealed the primary cause of the pavement distress was loss of pavement support due to settlement of sewer line trench backfill materials. This settlement occurs due to an incompatibility between the native soil trench backfill materials and the crushed stone pipe bedding material. The size ratio of these two materials is such that the sandy clay and clayey sand materials infiltrate into and through the crushed stone bedding material. This progressive erosion results in downward movement of the trench backfill material,thus allowing portions of the pavement to become unsupported,resulting in cracking and vertical displacement of the pavement. The streets in Timarron Phase I,Section Two have been subjected to an abnormal amount of heavy construction traffic compared to many new subdivisions. In addition to the"normal" construction traffic for- residential slab,house,pool,and landscape construction,these streets experienced significant additional,traffic for construction in adjacent sections of the development including the completion of Bent Trail Circle,and the areas to the east and south of Phase I,Section Two. RECOMMENDATIONS Fxishn streets-Extensive remediation will be required to correct the pavement distress at Bent Creek and will include: 1. Removal and replacement of the utility backfill material above the pipe bedding and/or the use of slurry grouting to fill the voids in the pipe bedding material thus cutting off the path for water to carry the fine grained trench backfill material. 2. Slab-jacking to re-establish subgrade support and to restore pavement crown in less distressed locations,and removal and replacement of severely distressed pavement sections. 1 6-3 Wiss,Janney, Elstner Associates, Inc. EXECUTIVE SUMMARY Early in the life of the pavements at the Timarron Phase I,Section Two subdivision (Bent Creek), distress in the forms of excessive settlement,cracking,and faulting began to occur and became progressively worse. Some pavement areas were removed and replaced.Widespread pavement failures continued in non- . repaired areas,and limited distress occurred in some of the repaired areas. Because of the widespread pavement failures,the City of Southlake retained Wiss,Janney,Elstner Associates,Inc(WJE)to perform an engineering investigation to document the extent of the distress,determine the cause or causes, and to develop remedial recommendations for Bent Creek as well as general recommendations for future subdivision street construction. WJE's scope of work included the following: Review of Southlake's plans and specifications and construction records. The City's design details and appropriate sections of the standard specifications were reviewed,including the items pertaining to subgrade • material requirements;utility and pavement details,including pavement thickness,reinforcement,joint details, and concrete strength; and testing and inspection requirements. Available construction records were also reviewed. Pavement condition survey. A detailed visual survey of the pavement in the Timarron Phase I subdivision was performed. The survey induded notation of crack locations on street plans, and notation of locations exhibiting faulting,heave or settlement. Available construction records were also reviewed. Ground penetrating radar pavement survey. Pulse Radar,Inc,a firm specializing in ground penetrating radar(GPR),was retained by WJE to perform a non-destructive subsurface survey of the approximate 1.5 miles of pavement in the Timarron Phase I, Section Two subdivision. This survey technique identified locations where voids exist below the pavement surface to depths of 4 ft. Investigation of base course and subsurface materials. Alpha Testing,Inc performed a field investigation and laboratory testing of the base course and underlying subsurface materials. Alpha's field investigation portion of the work induded performing a series of test pits in the existing streets and obtaining subsurface samples from test borings. Prior to beginning this work,local residents were notified of the upcoming activities by flyers which were distributed to all residences in the subdivision. 11111 i i `= 6-4 f C1 f Wiss,Janney, Elstner Associates,Inc. fut ire C'o ctmction-Future subdivision street construction in many areas of Southlake will be subject to the 4 same phenomena as occurred at Bent Creek,unless one or more of the following changes are made: •:. , 1. Use off-site trench backfill and/or a different pipe bedding material such that the two materials are compatible. 2. Use a filter fabric material placed at the surface of the pipe bedding material. 3. Use flowable fill as the pipe bedding material. 4. Move the sewer lines to a position behind the curb line. yr '4 This is a condensed version of a larger report. Interested parties may contact Mr.Robert L.Whitehead,P.E., ii Southlake's Director of Public Works to arrange a time to review the full report and appendices. Phone:817- 481-5581,extension 740. .G z F • 3 1 I 8 i i • I 6-5 Road CitySout a e _ ik ■o■■■ alri— !7E.li >• • ��■ 1 III ✓ Failures -t kil li .r1,.1�1� ��,OM --�%sit■■EIVNI■■ ■. � ' / t��JYfI' :�! 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I�.�■A:■anaanq a,_ �l vi ivi� - .•C • �,�.:: IIIIi\ —1���I11\0 .GII■u■t •1■.U0■■c7-aur..1♦ ��■11! \11a■�! lri■■� `s��i h::i■. �I W■n 1 \�.mm�o/ nnnm■n ��II m,l�_c�Y __ =,:11111..• ��� �i�► �� ...w� ��{ :..-..a,.•• . �•• __ 451 =� 1 i.■n t t,tom• rismaniii■■rho•'` :7-'- �o�c�� —�� Identified Pavement ` - 4I0 Fr' a`g Failures-Concrete ; , pp Identified Pavement Public Works-GIS Failures-Asphalt September 16,1998 • • Ill ., SUMMARY OF SIGN ORDINANCE NO.704-Approved September 1, 1998 Sign Type Permitted Height Letter/logo Area Number Additional regulations Structure height Attached N/A N/A Dist to ROW Mu.height 0.75 sf per 1' lease space width, I per street frontage;secondary sign permitted Signs to be located within first story of main exterior 1000 50 12"" max.400 sf;limited to middle 75% at public entrance on another side of building entrance of lease space;fascia signs allowed on continuous 118 I51-200 24" of single plane facade @ 25%primary sign size;6"min.letter/logo plane fascia supported by masonry columns; internal H 201-250 30" n/a for secondary sign; no more than 2 illumination only o 251-300 36" attached signs per lease space i 301+ 42" aMinimum..6" • 0.u' Monument N/A 4'sign Minimum=6" 50 sf per sign face, not to exceed 1 per street frontage, must be at least 500' Structure must be constructed of similar masonry as l;L excluding 100 sf total;structure not to exceed apart principal building, or stone, or brick; text & graphic ih base(18")& 70 sf per face elements limited to min.6"from outer limits of structure; Tstructure(not internal lighting for sculpted aluminum panel, ground o to exceed 5') lighting u O7 Ground N/A 3' N/A 4 sf per sign face,not to exceed 8 sf I per site Business Attached, Same as Same as general Same as general Same as general Same as general monument general Menuboard Attached, 6' 6"minimum-N/A 24 sf, only one sign face allowed 2-must be at least 18'apart Located at side or rear of property; internal lighting monument per sign allowed Subdivision Attached, Below top of Same as general 32 sf for attached 1 monument or 2 attached(not both)per street Monument may be placed on median at street entrance with E Entry monument wall entrance approval by Council a Bulletin Attached, 6' 6"minimum-N/A 18 sf-only one sign face allowed 1 per entrance,not to exceed 2 per subdivision No closer than 100' from an arterial; located on common °Dt :E Board monument, per sign •- area& maintained by HOA; lockable covering; masonry ground n/a 2 Directory Attached, Same as Same as general Same as general I per street entrance No closer than 75'from drive entrance at ROW a monument general .N Institutional Attached, Same as Same as general Readerboard display not to exceed Same as general Integral to permitted sign;manual reader-board must have *6 1monument general 2/3 permitted sign area lockable covering;internal illumination Gasoline Monument Same as Same as general Price-per-gallon display not to 1 per site Integral to permitted sign;internal illumination o Pricing • general exceed 2/3 permitted sign area °' Directional Monument —3' Same as general 4 sf per sign face,not to exceed 8 sf 2 per site Home Attached N/A 6"minimum-N/A 1 sf 1 per home occupation Non-illuminated;mounted flat against wall at entrance to te 1 §-@ Occupation home occupation 2 d a @ @a'a�S Banners Attached N/A Same as general 0.5 sf per 1' lease space width,not 1 per site Maximum `15 days, twice per year, 60 day separation to exceed 50 sf • between permits (;t,• Model Home Monument, 5'ground Same as general 32 sf per sign face, not to exceed 1 per builder per subdivision Masonry-n/a '^ to ground 64 sf total pm Special Attached, Same as Same as general Same as general 4 per event or occasion Limited to 21 days, removed within 3 days of event a:g Purpose ground general termination . ,E, cc' Development Monument, 5' Same as general 32 sf per sign face, not to exceed 1 per site Must be removed within 1 year or CO for commercial,CO i- 2 ground 64 sf total • for 75%of lots for residential Subdivision Ground Same as N/A Same as general 1 for every 20 platted lots,not to exceed total No closer than 50'from intersecting ROW;noon Friday to Marketing general of 4 noon Monday;valid for 1 year or CO for 75%of lots 15. Builder Ground Same as N/A Same as general Same as general Placed from issuance of building permit to CO u general u Real Estate Attached, 5'ground, 6"minimum-N/A 32 sf per sign face, not,to exceed 1 per site Q, monument, below roof 64 sf total -- .y -., ground for attached _ gE Window N/A N/A N/A 15%of window area per facade N/A Measured & located within 10' vertical from at-grade Pl.a exterior entrance to lease space. 1 ro Garage/Yard Ground Same as N/A Same as general 2 per sale;1 at subdivision entrance,1 interior Noon Friday to noon Monday or any legal-holiday;not to 1-4ci Sale general exceed twice per year. I-V9TYIXN'S\oR TYxpINA I.ksmnac 1MPARP9g DO(' Tbla table io not a pan of Sign 0"Iinaere No 704 411 ORDINANCE NO. 704 SIGN ORDINANCE AN ORDINANCE PROVIDING FOR THE COMPREHENSIVE REGULATION OF SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING FOR LIMITATIONS ON THE LOCATION, SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATIONS OF SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; `PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. • theCityof Southlake Texas is a home rule 'city actingunder its charter WHEREAS, ty adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake finds that the uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Southlake and will adversely affect the safety and efficiency of the City's transportation network; and WHEREAS, the City Council further finds that scenic resources are distributed throughout the City and have contributed greatly to its economic development by attracting tourists,permanent residents, and new businesses and cultural facilities; and WHEREAS, the City Council further finds that unless the location, number, setback lighting and size of signs are regulated, the scattering of such signs throughout-the City would be - - - - detrimental to the preservation of those scenic resources and so to the economic base of the City; Snd WHEREAS, the City Council has further determined that the proliferation of signs in the L\CIlYDOCS\ORDTINALISIGN'SIGN-704.DOC SIGN ORDINANCE NO.704 September 1, 1998 Page i City has an adverse affect on adjacent properties; and WHEREAS, the City Council has heretofore developed and adopted a comprehensive plan guiding the orderly and proper growth of the City in order to promote the public health, safety,welfare and aesthetics; and WHEREAS, the City Council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City; and WHEREAS, the City Council further finds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS, the City Council finds that, in addition,to the above findings, the adoption .ofils ordinance will serve the following purposes: To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; To protect adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; To enhance the impression of the City which is conveyed to tourists and visitors by controlling the location,number, and size of signs; To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the • various zoning districts; and To preserve and enhance the appearance of the City and the public interest in LorrnocsORDWI A.SIGN\SIGN.7a.DOC SIGN ORDINANCE NO.704 September 1,1998 Page ii , . 0 aesthetics, and to control and reduce visual clutter and blight; and To provide institutional entities within the City the ability to communicate public events to the general public; and WHEREAS, the City Council deems it necessary to adopt this ordinance in order to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1., The attached regulations are hereby adopted as the Sign Ordinance of the City of Southlake: SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 506-A, as amended, is hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to m with or who resists the enforcement of any of the provisions of this ordinance shall be Scoply fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. LTITYoocSoa wUSIG SIGNaa.DOC SIGN ORDINANCE NO.704 September 1,1998 Page iii • SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations *of the provisions of Ordinance No. 506-A, as amended, or any other ordinances affecting the regulation of signs 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 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. • The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of.this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. • • • t n DOCSO DWINA ZIGTAS1GNaa.DOC SIGN ORDINANCE NO.704 September 1,1998 Page iv P• 1SSED AND APPROVED ON FIRST READING ON THIS I DAY OF , 1998. ;Se4644.---- \\\1KEII1//// jVjA .§ 9w s ATTEST: sz o •.i 3 0 *.4.? Akim, X Allii41.1 • umum\\* CITY SECRETARY PAS ED AND APPROVED ON SECOND READING ON THIS / DAY OF .v. 1i4.-. ._ 1998. 0 �001111rniii1•,...........S4:f .. , 07 ...,. A SZ5r --------- cps O �. 1 of - a- ATTEST: I ..••••* \\ 444(4k_ A X.144,4(41 iiiinninursio CITY SECRETARY EFFECTIVE: 41241,4 /19, APPROVED AS TO FORM AND LEGALITY: ae-6---‘.--__2? - City Attorney O . . ... L C O ORnhLALAS1GNZIGN-704 DOC SIGN ORDINANCE NO.704 September 1,1998 Page v 9.4g • S SIGN ORDINANCE TABLE OF CONTENTS ARTICLE I-IN GENERAL 1 SEC. 1 DEFINITIONS 1 A. GENERAL 1- ARTICLE II-ADMINISTRATION 4 SEC.2 RESPONSIBILITY FOR ENFORCEMENT 4 SEC.3 SIGN PERMIT REQUIRED 4 SEC.4 APPLICATION FOR SIGN PERMIT 4 SEC.5 FEES 4 SEC.6 CONDITIONAL SIGN PERMIT 4 SEC.7 REVOCATION OF PERMITS 5 SEC. 8 INSPECTION 5 SEC.9 PERMIT VALID FOR ONE HUNDRED EIGHTY(180)DAYS 5 • SEC. 10 INVESTIGATION.FEES: WORK WITHOUT A PERMIT 5 SEC. 11 REMOVAL OF SIGNS 6 A. OBSOLETE SIGNS 6 B. UNSAFE,DILAPIDATED OR DETERIORATED SIGNS. 6 C. SIGNS ON UTILITY POLES 6 D. SIGNS IN RIGHT-OF-WAY AND/OR ON PUBLIC PROPERTY 6 E. ILLEGALLY ERECTED SIGNS 6 F. EXTENT OF SIGN REMOVAL 7 SEC. 12 FILING OF LIENS AGAINST PROPERTY 7 ARTICLE III-APPEALS AND VARIANCES 7 SEC. 13 APPEALS 7 SEC. 14 VARIANCES 7 ARTICLE IV-GENERAL SIGN PROVISIONS 7 SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS 7 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS = 8 -- A. ATTACHED SIGN 8 B. MONUMENT SIGN 9 GROUND SIGN 9 SC. SEC. 17 PROHIBITED SIGNS 10 A. GENERAL in • B. OBSCENE SIGNS 10 ttAaTYDOMoRDWINAL‘SIGM,star-7o+.DOC SIGN ORDINANCE NO.704 September 1,1998 Page vi ✓ ) • C. OBSTRUCTING DOORS,WINDOWS,OR FIRE ESCAPES 10 D. OBSTRUCTING VISION/SIGHT TRIANGLE 10 E. INTERFERENCE WITH TRAFFIC 10 F. PORTABLE SIGNS 10 G. CERTAIN ILLUMINATED SIGNS 10 H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY OR PUBLIC RIGHT-OF-WAY 11 I. ROOF SIGNS 11 J. SIGNS ON UTILITY POLES 11 ARTICLE V-SPECIFIC SIGN REGULATIONS 11 SEC. 18 SPECIFIC SIGN REGULATIONS 11 SEC. 19 PERMANENT SIGNS REQUIRING PERMIT 11 A. BUSINESS SIGN 11 B. MENUBOARD SIGN 11 C. SUBDIVISION ENTRY SIGN 11 D. _BULLETIN BOARD SIGN 12 E. DIRECTORY SIGN 12 F. INSTITUTIONAL SIGN 12 G. GASOLINE PRICING SIGN 12 H. DIRECTIONAL SIGN 12 SEC 20. PERMANENT SIGNS EXEMPT FROM PERMIT 13 A. HOME OCCUPATION SIGN 13 • SEC.21 TEMPORARY SIGNS REQUIRING PERMIT • 13 A. BANNER 13 B. MODEL HOME SIGN 13 C. SPECIAL PURPOSE SIGN 13 D. DEVELOPMENT SIGN 13 SEC.22 TEMPORARY SIGNS EXEMPT FROM PERMIT 14 A. SUBDMSION MARKETING SIGN 14 B. BUILDER SIGN 14 C. REAL ESTATE SIGN 14 D. WINDOW SIGN 14 • E. GARAGE/YARD SALE SIGN 14 ARTICLE VI-EXEMPTIONS AND SPECIAL CONDITIONS 15 SEC.23 EXEMPT SIGNS 15 SEC.24 NONCONFORMING EXISTING SIGNS 15 SEC.25 SIGN COPY 15 SEC.26 APPENDICES - - - - - 15- • u ocso Atksiamstcrwa.noc SIGN ORDINANCE NO.704 September 1,1998 Page vii . . ARTICLE I-IN GENERAL SEC. 1 DEFINITIONS A. GENERAL ALTER: To change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. ATTACH: To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise mark on an object. BUILDING: A structure which has a roof supported by walls for the shelter, support, or enclosure of persons,animals,or chattel. BUILDING OFFICIAL: The Building Official of the City of Southlake,Texas,or his designee. CIVIC ORGANIZATION: An organization which offers community programs to citizen, city or civil affairs groups.. . COMMENCEMENT OF WORK: For construction of a sign shall be the point in time when the sign has been delivered to the site and attachment to a building has begun or holes are excavated for ground installation. DILAPIDATED OR DETERIORATED CONDITION: Any sign which in the opinion of the building official has any of the following characteristics: (a)Where elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface;or (b)Where the structural support or frame members are visibly bent,broken,dented,or torn;or (c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;or (d) Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support); or (e)Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions;or DISTANCE: Distance of signs from R.O.W. shall mean the shortest horizontal distance from the nearest R.O.W. to a vertical line to the ground from the nearest element of the sign or the shortest horizontal distance in a straight line between the nearest elements of signs. ERECT: To build, construct, attach,hang, place, suspend or affix. This shall also include the painting of signs on the exterior surface of a building or structure. FACADE: Any separate face of a building, including parapet walls and omitted wall lines,or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction,or in the directions within 45 degrees of one another,they are to be considered as part of a single facade. GROSS SURFACE AREA OR AREA OF A SIGN: Methods of area measurement shall be in accordance • with Appendix'A'. HEIGHT: As applied to a sign,height shall be measured as the vertical distance between the highest part of ti.e sign or its supporting structure,whichever is higher,and natural grade at the center of the base of the sign(see Appendix'A'for clarification). u'cmrvuocsoR wt.\sIernsIGN-7a•noc SIGN ORDINANCE NO.704 September 1,1998 Page 1 )a. • ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. LEASE SPACE: An area of a building separated internally and intended for use by an individual tenant. LOGO: Any registered trademark of an organization, individual,company,or product which is commonly used in advertising to identify that organization, individual,company,or product. OBSOLETE: Any sign which advertises a business,use or purpose that is no longer in existence. PAD SITE: A tract, lot, or land lease intended for the single use of a freestanding building typically adjacent to street R.O.W.and may also be a portion of a tract or lot. PUBLIC PROPERTY: Any property which is owned by a governmental entity. It shall also include property for which the primary use is for the operations of a governmental entity. SCULPTED ALUMINUM PANEL: An aluminum sign panel with text or graphic depictions cut out from the panel,typically with a translucent material covering the cut-out from the inner side of the panel. SETBACK: The distance from the closest portion,whether the support or edge of the sign,to the right-of- way. SIGHT TRIANGLE: There shall be two different sight triangles as depicted in the Subdivision Ordinance. One shall be for public and/or private street intersections and the other for the intersection of private non- single family driveways with public or private streets. . SIGN: Every sign, name, number, identification, description, and announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, Iogo, balloon, steamer, valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land,which directs attention to any object,project,service,place,activity,person, institution,organization, or business. SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building (including canopy fascia,walls and awnings)which encloses or covers usable space. SIGN,BANNER: A temporary sign made of cloth,flexible plastic or canvas material. SIGN, BUILDER: A temporary on-site sign identifying the builder or general contractor of a residential construction site. SIGN, BULLETIN BOARD: A permanent on-site sign providing public information to the residential subdivision within which it is located. SIGN, BUSINESS: A permanent on-site sign that is used to identify a business, profession, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. SIGN,DEVELOPMENT: A temporary on-site sign providing identification or information pertaining to a residential or commercial development to include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall not include a subdivision marketing sign. SIGN,DIRECTIONAL: A permanent on-site sign intended to aid in vehicular movement on the site. UCTTYnocsoRt wAL\SIGINSIGN-7a.DOC SIGN ORDINANCE NO.704 September 1,1998 Page 2 • 411 SIGN, DIRECTORY: A permanent on-site sign providing direction to or identifying the buildings in the development. SIGN FACE: The surface of one side of a sign. For a monument sign, the sign face shall include the sign structure(excluding base). SIGN,GARAGE/YARD SALE: A temporary sign intended to advertise garage sales or yard sales. SIGN, GASOLINE PRICING: A permanent on-site sign which displays the price per gallon of fuel sold by that business,and which may be periodically changed to reflect changes in fuel prices. SIGN, GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or an agency thereof. SIGN, GROUND: Any sign connected to the ground by legs,poles, or other supports and which is not an attached,portable,monument,or vehicular sign. SIGN, INSTITUTIONAL: A permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. SIGN,MENUBOARD: A permanent on-site sign which displays a menu and pricing for food services and may include an audible speaker and microphone integral to the,sign. SIGN, MODEL HOME: A temporary real estate sign identifying a homebuilder's model home open for inspection. • SIGN,MONUMENT: Any sign which is connected to the ground and which has no clear space for the full • width of the sign between the bottom of the sign and the surface of the ground. SIGN, OFF-SITE: A sign which directs attention to a business, commodity, service, good, product, or entertainment not related to the site upon which such sign is located or to which it is affixed. SIGN, ON-SITE: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services,products,goods, or entertainment on the site, or the sale, lease,or construction of those sites. SIGN, POLITICAL: A type of off-site sign which refers only to the candidates or issues involved in a political election. SIGN,PORTABLE: Any sign which is not attached or affixed to the ground, a building, vehicle, or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids, and similar mobile structures. SIGN,READERBOARD(electronic): A sign that utilizes alternating electronic data control components. SIGN, READERBOARD (manual): A sign comprised of non-permanent letters, numerals or symbols, which allows a change of sign copy by adding,removing or rearranging said letters, symbols or numerals. _ _ SIGN,REAL ESTATE: A temporary sign intended to advertise real estate for sale or lease. SIGN, SPECIAL PURPOSE: A temporary sign that is either on-site or off-site that provides identification • or information pertaining to a special event or occurrence sponsored by a non-profit or civic organization. • SIGN,SUBDIVISION ENTRY: Any permanent on-site sign identifying a residential subdivision. L CITYDocsoanTD1AL\..IGN\SIGN-7O4 DOC SIGN ORDINANCE NO.704 September 1,1998 Page 3 • S SIGN, SUBDIVISION MARKETING: A temporary sign used to market or advertise residential subdivisions within the City and to direct interested persons to the subdivision location. SIGN, TEMPORARY: Any sign constructed of cloth, canvas, light fabric, cardboard,wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground,wall,or building, intended to be displayed for a short period of time only. SIGN,VEHICULAR: Any sign which is affixed to a vehicle. SIGN, WINDOW: Any sign located on the internal and/or external surface of the window, or is located within two feet(2')of the window,of any establishment SITE: A lot,tract or pad site. ARTICLE II-ADMINISTRATION SEC.2 RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Building Official to interpret, administer and enforce the requirements of this ordinance. SEC.3 SIGN PERMIT REQUIRED Noperson shall erect,alter or display any sign nor shall any person allow the erection,alteration or display of any sign upon any property within the City owned or controlled by him without first obtaining a permit • to do so from the City of Southlake,except as hereinafter provided. No sign permit shall be released until after the building permit for the principal building on the site has been issued, except as hereinafter provided. SEC.4 APPLICATION FOR SIGN PERMIT Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: a. Application form shall be completed. b. General plan that illustrates: - Location of the building,structure,or tract to which or upon which the sign is to be attached or erected. -Position of the sign in relation to rights-of-way, easements,buildings, structures, existing signs, etc. • c. Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. d. Letter from owner of the property stating that the applicant has permission to erect such signs. SEC.5 FEES A. All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. - B. An annual renewal fee for applicable temporary signs shall be determined in accordance with the current fee schedule adopted by the City Council. SEC. 6 CONDITIONAL SIGN PERMIT OA. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate LIcrlYDocs'ottwi ALsicmutow-m•Doc SIGN ORDINANCE NO.704 September I,1998 Page 4 • generally without certain restrictions,but which,if controlled as to the number,size,height,color,location, lighting,or relation to adjacent properties,would promote the health,safety,and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign,but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors,such as the number,size,height,color,location,lighting,and _ other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 of this ordinance. Additionally,the applicant shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades,materials, compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the current fee schedule adopted by the City Council. D. ANNUAL RENEWAL FEES: An annual renewal fee for applicable temporary conditional signs shall be determined in accordance with the current fee schedule adopted by the City Council. SEC.7 REVOCATION OF PERMITS The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of S the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. A person may appeal the revocation of the sign permit to the City Council by filing an appeal in accordance with this ordinance. The City Council shall affirm, reverse, or modify the suspension or revocation and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. SEC.8 INSPECTION The Building Official shall periodically inspect each sign regulated by this ordinance for the purpose of ascertaining whether the same is obsolete and whether it is in need of removal or repair. SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY(180)DAYS If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty(180)days after the date of issuance,the permit shall become null and void. SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. •B. FEE. An investigation fee, in addition to the e permit fee, shall be collected whether or not a permit is then subsequently issued. The investization fee "all be equal to the amount of the permit fee required by this ordinance. L\CnYDocsounWniu.SIGNstcxaa.DOC SIGN ORDINANCE NO.704 September 1,1998 Page 5 • EllSEC. 11 REMOVAL OF SIGNS ' A. OBSOLETE SIGNS. Any sign, which the Building Official determines to be obsolete, shall be removed by the permit holder, owner of the sign or owner of the site on which the sign is located. For temporary signs, the sign must be removed as noted on the sign permit application or within three (3) days after receiving written notification to do so from the Building Official. For permanent signs, the sign,must be removed by the permit holder,owner of the sign,or owner of the site on which the sign is located,within a reasonable time period as determined by the Building Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Building Official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Building Official determines that any sign is unsafe or insecure,or is dilapidated or deteriorated,he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. If the permit holder, owner of the sign or owner of the site on which the sign is located fails to remove or repair the sign within ten (10) days after such notice or to file an appeal of the decision in accordance with this ordinance,the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is • determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and welfare. 40C. SIGNS ON UTILITY POLES. Any sign that is erected, constructed or otherwise attached to a utility pole located upon any public right of way or utility easement may be removed by City personnel. The permit holder, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the City unless the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. D. SIGNS IN RIGHT-OF-WAY AND/OR ON PUBLIC PROPERTY: Any sign that is erected, constructed or otherwise located within or upon public right-of-way or on public property may be removed by City personnel and the permit holder or owner of such sign shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the City. No such fee shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the permit holder or owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two(72)hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. E. ILLEGALLY ERECTED SIGNS: Any temporary sign that is erected, constructed or otherwise displayed, which the Building Official determines to be in direct violation of this ordinance, may be removed by City personnel. The permit holder,owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the City. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site on which the sign is located within a reasonable time period as determined by the Building Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance,the L 11YDOCsORtrt1Nwi.\SIGNrSIGN.7O4.DOC SIGN ORDINANCE NO.704 ' September 1,1998 Page 6 111 Building Official is authorized to cause the removal of such sign,and any expense incident thereto shall be paid by the permit holder,owner of the sign or owner of the site on which the sign is located. F. EXTENT OF SIGN REMOVAL: The Building Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include any of the following,but is not limited to the following: 1. SIGN COPY: Removal of the text or copy portion of the sign. 2. SIGN BOX: Removal of the portion of the sign excluding the structural support of the sign. 3. ENTIRE SIGN: Removal of all structural elements of the sign. SEC. 12 FILING OF LIENS AGAINST PROPERTY The city is authorized to file a lien against any property which is not otherwise exempt to recover:expenses incurred by the city for the removal of a sign or portion of a sign from the property,pursuant to Section 11 F. ARTICLE III-APPEALS AND VARIANCES SEC. 13 APPEALS Any decision rendered by the Building Official under this ordinance may be appealed to the City Council by any person,agent, or representative affected by such decision. Such appeal must be received within ten (10) days after the placement of a letter in the U.S. mail addressed to the address on the permit or the address of the current owner of record in the County tax records which states the written decision which has been rendered by the Building Official. Such appeal shall be filed in writing with the Building Official • specifying the grounds on which the appeal is based. The Building Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Building Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final. SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed,that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE IV-GENERAL SIGN PROVISIONS SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS All signs shall be designed and constructed to withstand a wind pressure of not less than thirty(30)pounds • per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with this requirement. L TYDO 'CRDF[NAL\SIGNSIGN.7a.Doc SIGN ORDINANCE NO.q-6704 September 1,1998 Page 7 *EC-16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences,railings,public telephone poles,or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three(3)square foot area used for building identification. 2. MINIMUM/MAXIMUM LETTER/LOGO HEIGHT:The minimum height allowed for letters or logos shall be six(6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 -200 ft. 24 inches 201 -250 ft. 30 inches 251 -300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix 'B' for further clarification). • 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet(see Appendix'A'for further clarification). 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance,provided the entrance is on another side of the building,but shall be limited to twenty-five percent(25%) of the primary or permitted sign size,whichever is more restrictive. The six(6) inch minimum letter/logo height will not apply to these secondary signs. No more than two(2)attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix'B'for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent(75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated,the 75%rule shall apply to the allowed sign to be located on any single plane facade (see Appendix'B'for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the cave of the roofline or overhang than the predominant letter height(see Appendix 'B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. - - Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See • Appendix 'B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. r:AClrYpocsoa7DJAL'stGrn5IGtaa114.DOC SIGN ORDINANCE NO.704 September 1,1998 Page 8 • 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building,excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet(150')of the property line of said residential property. B. MONUMENT SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance. 2. MINIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six(6)inches. 3. MAX MUM HEIGHT: Four (4) feet, excluding monument base and sign structure. The monument base may be an additional eighteen(18) inches in height measured from ground level at the center of the base to the top of the base. The sign structure shall not exceed five(5)feet. 4. MAXIMUM AREA: One hundred(100) square feet per sign with a maximum area per sign face of fifty (50) square feet. The maximum area for the sign structure shall not exceed seventy (70) square feet (see Appendix'A' for measurement criteria). • 5. NUMBER OF SIGNS: Only one monument sign, excluding menuboard signs, shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. Monument signs may be no closer than five hundred(500)feet on any one site. • 6. MINIMUM SETBACK: Fifteen(15)feet from any property e line: P 7. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed of the same masonry material as the front building facade on the same site or shall be stone or brick. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six (6) inches from the outer limits of the sign structure. 8. ILLUMINATION: Monument signs may only be illuminated utili7ing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from public R.O.W. C. GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. LOCATION LIMITATIONS: No signs shall be placed within public right-of-way. 3. MAXIMUM HEIGHT: Three feet(3') 4. MAXIMUM AREA: Eight(8)square feet with a maximum of four(4)square feet per sign face. 5. NUMBER OF SIGNS: One(1)sign per site. • Ls.TrYDocsloRDWINAi.Zt0AAs16PL704.DOC SIGN ORDINANCE NO.704 September 1,1998 Page 9 •SEC. 17 PROHIBITED SIGNS A. GENERAL Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. B. OBSCENE SIGNS No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters,and is utterly without redeeming social value. C. OBSTRUCTING DOORS,WINDOWS,OR FIRE ESCAPES No person shall erect or display on any site any sign which prevents free ingress to or egress from any door,window,or fire escape. D. OBSTRUCTING VISION/SIGHT TRIANGLE No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision at any location, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Section 1, "Definitions." E. INTERFERENCE WITH TRAFFIC No person shall erect or display on any site any sign which interferes with vehicular or pedestrian,traffic as a result of the position, size, shape, movement, color;fashion, manner, or intensity of illumination or any 10 • other characteristics causing such interference. Nor shall any person erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger,"or any other similar word,phrase,symbol or character,or employ any red,yellow,green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. F. PORTABLE SIGNS No person shall erect or display on any site any portable sign; except, however, that upon a majority vote by the City Council, a conditional use permit may be issued to any non-profit organization for an on-site portable sign. Permits shall be issued for one thirty (30) day period with at least ninety (90) days separation between permits. G. CERTAIN ILLUMINATED SIGNS 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to, a degree that it constitutes a hazard or nuisance to traffic. Moving, flashing, intermittent lighted,changing color,revolving,or similarly constructed signs shall not be allowed. 2. No lighted sign shall be erected or displayed within one-hundred fifty(150)feet of a single-family residentially zoned property unless the lighting is shielded from view of the residentially zoned property and indirect light does not exceed 1/2 lumen measured from any property line of the residentially zoned property. 11111 LAC7'rYDom°an'`rnvALZIernsicx-704.00c SIGN ORDINANCE NO.704 September 1,1998 Page 10 11JV g OH. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY OR PUBLIC RIGHT-OF-WAY It shall be prohibited to erect or display any type of sign on or over public right-of-way (ROW) or other public property, unless the same be erected by the City, County, State or other authorized governmental agency,or with the permission of the City,for public purposes. ROOF SIGNS Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited. Any sign attached to a fascia extending above the projection of the fascia shall be prohibited. The painting or otherwise affixing of signs on a roof is prohibited. J. SIGNS ON UTILITY POLES No person shall erect or display any sign on any utility pole located upon any public right-of-way or utility easement. ARTICLE V-SPECIFIC SIGN REGULATIONS SEC. 18 SPECIFIC SIGN REGULATIONS This article regulates the type of sign structure allowed for each type of sign permitted by this ordinance. Each of the signs identified in this article is subject to the general sign provisions set forth in Article IV except where modifications to the general regulations are noted. SEC. 19 PERMANENT SIGNS REQUIRING PERMIT Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of the following signs. A. BUSINESS SIGN 1. PERM1l i hD SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: None B. MENUBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Six feet(6'). c. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be allowed per sign. d. MAXIMUM NUMBER OF SIGNS: No more than two(2)signs per site. e. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear of the principal building. If two (2) signs are erected, signs must be at least eighteen(18) feet apart. f. ILLUMINATION: Internal lighting may be utilized for sign panel. C. SUBDIVISION ENTRY SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a.• MAXIMUM HEIGHT: Attached sign may not project above top of wall b. c. MAXIMUM AREA: Thirty-two(32)square feet for attached sign MAXIMUM NUMBER OF SIGNS: One (1) monument sign or two attached wall plaque signs(not a combination thereof)per street entrance d. PLACEMENT OF SIGN: Monument sign may be located on median at street entrance if L\CrrYDOCSWRITFTNAL\SIGN\SIGN-104.DOC SIGN ORDINANCE No.704 September 1,1998 Page 11 ? • approved by City Council on Concept Plan, in developer's agreement, or by a separate application. D. BULLETIN BOARD SIGN 1. PERMITTED SIGN STRUCTURE: Attached,Monument and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Six(6)feet c. MAXIMUM AREA: Eighteen(18)square feet. Only one face allowed per sign. d. MAXIMUM NUMBER OF SIGNS: One(1)per subdivision entrance,not to exceed two (2)per subdivision e. LOCATION WHERE ALLOWED: No closer than one-hundred (100) feet from an arterial. Sign must be located on designated common area and maintained by the home owner's association. f. MATERIAL REQUIREMENTS: Bulletin board must have a lockable covering. Masonry requirement shall not apply. E. DIRECTORY SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM SETBACK: Seventy-five(75)feet from drive entrance at right-of-ways b. MAXIMUM NUMBER OF SIGNS: One(1)sign per street entrance. c. RESIDENTIAL ADJACENCY: Not applicable d. LOCATIONS WHERE ALLOWED: Only distance measurements shall apply. F. INSTITUTIONAL SIGN • 1.2. PERMITTED SIGN STRUCTURE: Attached and/or monument.. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: i. Sign must be integral to the permitted sign for the site. ii. Messages on readerboards, whether electronic or manual, may not scroll, flash, or change more frequently than once a day. iii. Manual readerboard signs using alphabetical lettering must have a lockable covering. b. MAXIMUM AREA: Readerboard display cannot exceed two-thirds (2/3) of the permitted gross surface area per face of the sign,excluding monument sign border. c. ILLUMINATION: Internal illumination may be utilized for sign paneL G. GASOLINE PRICING SIGN 1. PERMITTED SIGN STRUCTURE: Monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: i. Sign must be integral to the permitted sign for the site. ii. Price-per-gallon display,whether electronic or manual,may not scroll, flash, or change more frequently than once a day. b. MAXIMUM AREA: Price-per-gallon display cannot exceed two-thirds (2/3) of the permitted gross surface area per face of the sign,excluding monument sign border. c. NUMBER OF SIGNS: One(1)per site. d. - ILLUMINATION: Internal illumination may be utilized for sign panel. H. DIRECTIONAL SIGN 1. PERMITTED SIGN STRUCTURE: Monument • 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Three feet(3') b. MAXIMUM AREA: EigL.(8) square feet with a maximum of four(4) square,feet per sign face. UarrnocsoavWINJL 51 +S1GN-7D4.DOC SIGN ORDINANCE NO.704 September 1,1998 Page 12, • • c. NUMBER OF SIGNS: Maximum of two(2)signs per site. SEC.20 PERMANENT SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. HOME OCCUPATION SIGN 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM AREA: One(1)square foot c. MAXIMUM NUMBER OF SIGNS: One(1) d. LOCATIONS WHERE ALLOWED: Any sign must be non-illuminated and mounted flat against the wall at the entrance of the home occupation. SEC.21 TEMPORARY SIGNS REQUIRING PERMIT A permit shall be required for the following signs: A. BANNER 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: 0.5 square feet for every one foot of width of building or lease space not to exceed fifty(50)square feet. b. MAXIMUM NUMBER OF SIGNS: One(1)per site c. DURATION: Maximum fifteen(15)days,twice per calendar year with a sixty(60)day separation between permits. MODEL HOME SIGN 1. PERMITTED SIGN STRUCTURE: Monument and/or ground - 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Five(5)feet for ground signs b. MAXIMUM AREA: Sixty-four (64) square feet with a maximum of thirty-two (32) square feet per sign face c. MINIMUM SETBACK: Fifteen(15)feet from any property line d. MAXIMUM NUMBER OF SIGNS: One(1)sign per builder per subdivision e. MATERIAL REQUIREMENTS: Not applicable f. LOCATIONS WHERE ALLOWED: Not applicable g. RESIDENTIAL ADJACENCY: Not applicable C. SPECIAL PURPOSE SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: Four(4)total per event or occasion b. PLACEMENT TIME: Twenty-one (21) days, must be removed within three (3) days after termination of the event. No more than twice a year. c. MATERIAL REQUIREMENTS: Not applicable d. LOCATIONS WHERE ALLOWED: Not applicable e. RESIDENTIAL ADJACENCY: Not applicable D. DEVELOPMENT SIGN 1. PERMITTED SIGN STRUCTURE:Monument and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT:Five(5) feet b. MAXIMUM AREA: Sixty-four (64) square feet with a maximum of thirty-two (32) square feet per sign face. c. MAXIMUM:TIMBER OF SIGNS: One(1)per site d. DURATION: Sign may be installed at any time after the issuance of the building permit ucrrYnocswas uI sIcx\s1cNaa.noc SIGN ORDINANCE NO.704 September 1,1998 Page 13 • e_. • for a commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed within one (1) year or upon the issuance of a certificate of occupancy for a commercial development and upon the issuance of a certificate of occupancy on seventy-five percent(75%) of the lots within the subdivision for a residential subdivision. - e. MATERIAL REQUIREMENTS: Not applicable f. RESIDENTIAL ADJACENCY: Not applicable g. LOCATIONS WHERE ALLOWED: Not applicable SEC.22 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. SUBDIVISION MARKETING SIGN 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: One(1)sign for every twenty(20)platted lots,not to exceed a total of four(4)signs b. LOCATION OF SIGNS: No sign may be placed closer than fifty feet (50) from an intersecting R.O.W. c. PLACEMENT TIME: 12:00 noon Friday to 12:00 noon Monday d. DURATION: Signs may be placed upon subdivision approval. The signs shall be•valid for one(1)year from subdivision approval or upon issuance of a certificate of occupancy on seventy-five percent(75%)of the lots. B. BUILDER SIGN 1. PERMITTED SIGN STRUCTURE: Ground S 2. MODIFICATIONS TO GENERAL REGULATIONS: a. DURATION: Signs may only be placed after issuance.of a building permit and must be removed upon the issuance of a certificate of occupancy. C. REAL ESTATE SIGN 1. PERMITTED SIGN STRUCTURE: Attached,monument,and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM HEIGHT: Five (5) feet above grade for ground signs;below roof line for attached c. MAXIMUM AREA: Thirty-two(32)square feet d. MAXIMUM NUMBER OF SIGNS: One(1)per site D. WINDOW SIGN Window signs may not obscure more than fifteen percent(15%) of the window area per facade,measured and located within ten (10) vertical feet from the at-grade exterior entrance to the lease space. No illuminated window signs shall be allowed within two feet of the window glazing except for open/closed signs. E. GARAGE/YARD SALE SIGN 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: Two (2) per sale; one (1) at subdivision entrarice - and one(1)interior to the subdivision. b. PLACEMENT TIME: 12:00 noon Friday to 12:00 noon Monday or on any legal • holiday,not to exceed twice per year. • • u'crrYDOCSNO D\FINADSiexSIGN•'ra_DOC SIGN ORDINANCE NO.704 September 1,1998 - Page 14 ()‘'aa • • ARTICLE VI-EXEMPTIONS AND SPECIAL CONDITIONS SEC. 23 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: A. Vehicular signs, unless the sign is used or intended to be used as an on-site or off-site sign. It shall be prima facie evidence that a sign is used as an on-site or off-site sign if a vehicle is parked at the same location for a continuous period exceeding seventy-two (72) hours. No person shall attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes,nor shall it be interpreted to prohibit bumper stickers. B. Warning and security signs. C. Government signs and signs for non-profit organizations sponsored by government including flags, insignia, legal notices, informational, directional, and traffic signs which are legally required or necessary to the essential functions of government agencies. D. "No Dumping"and"No Trespassing"signs. E. Signs in public parks placed inside ballfield fencing by the City,which are intended for advertising to raise funds for recreation programs which have copy on only one face with the copy facing toward the interior of the field. F. Political signs, unless affixed to the ground or a grounded structure located within public right-of-way or on public property. lilac. 24 NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their present form,but no such signs shall be altered or moved unless a permit is issued pursuant to the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed only if the applicant complies with all provisions of this ordinance. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60%of the cost of erecting a new sign of the same type at the same location. Under this provision,the . sign shall be removed and a permit shall be required to erect a new sign. SEC.25 SIGN COPY Notwithstanding anything contained herein to the contrary,any sign authorized in this ordinance is'allowed to contain non-commercial(ideological)copy in lieu of any other copy. SEC.26 APPENDICES It is anticipated that the following appendices will be changed periodically by the Building Official in response to changes in the administration of this ordinance. • LTIT DO OP.D%F1NALASIGNSIGN-7a.DOC SIGN ORDINANCE NO.704 September 1.1998 Page 15 APPENDIX 'A' METHODS OF AREA MEASUREMENT ATTACHED SIGNS AND GROUND SIGNS EXHIBIT A-1 12' 6' 12' SIGN STRUCTURE: Attached T . I • HEIGHT: 3' 3' 12" • • LETTER HEIGHT: 12" AREA: 18 s.f.(3'x 6') 14' NOTES: Area limited to 0.75 square feet for •■■■ every one foot of width of building or lease 1111t■111 . space not to exceed 400 square feet;signs shall be limited in width to the middle seventy five percent(75%)of the width of any single plane facade for any building or lease space. 30' 40'•IB1T 75x A-2 75% 6'-6' 7'-6-6' 6'--lrs 15'�zs SIGN STRUCTURE: Attached HEIGHT: 2'& 1' 2' to- sign Wave ON ERe is- & iiLE t �tR HEIGHT: 10" 12" fill •I • AREA: 15 s.f. & 15 s.f. NOTES: Area limited to 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet;signs shall be limited in width to the middle seventy five percent(75%)of the width of any single plane facade for any building or lease space. . 20' 20' EXHIBIT A-3 3' SIGN STRUCTURE: Ground HEIGHT: 3' Sign 2- - �3 SEA: 6 s.f. (2'x 3) I I 1110 • LCIT DOCSORDWI ALZIGMAPPEamocvsn SIGN ORDINANCE NO.704 September 1, 1998 Page 16 APPENDIX 'A' e.. METHODS OF AREA MEASUREMENT MONUMENT SIGNS •HIBITA-4 SIGN STRUCTURE: Monument-attached lettering HEIGHT: 3' 12' SIGN AREA: 27 s.f. (3'x 9) 1:5' 9' 1.5'- SIGN STRUCTURE AREA: 48 s.f. (4'x 12) T . , NOTES: The sign structure must be constructed or covered with the same masonry material as the principal building,or 4 3' stone,or brick. All sign text and graphic elements shall be , - SIGN limited to a minimum of six(6)inches from the outer limits of 6- the sign structure. The sign structure may not exceed seventy(70)square feet per face. Sign may be illuminated utilizing a ground lighting source,where the light itself and supporting structure may not be visible from public R.O.W. EXHIBIT A-5 14' SIGN STRUCTURE: Monument-sculpted aluminum panel _9. I, 12.5' { 9'— HEIGHT: 4' 6' SIGN N AREA: 50 s.f. (4'x 12.5') 4ii N STRUCTURE AREA: 70 s.f.(5'x 14) 4' 5-6 NOTES: The sign base and/or structure must be 6' I constructed or covered with the same masonry material as FFF • -- the principal building, or stone, or brick. All sign text and 6• - _ _ __:_ graphic elements shall be limited to a minimum of six(6) -__ -_— __ _ -. inches from the outer limits of the sign structure. The sign - - • ___._ __` structure may not exceed seventy(70)square feet per face. - sloped ground Sculpted aluminum sign panels may be illuminated utilizing internal lighting. EXHIBIT A-6 SIGN STRUCTURE: Monument-masonry panel 12' HEIGHT: 3' —1'-6' 9' 1'-6-- SIGN AREA: 27 s.f. (3'x 9) 1 iiiiliuiiiiniiiiiiiiiiioiiiiiiiiuiiiioiII SIGN STRUCTURE AREA: 60 s.f.(5'x 12') �.� NOTES: The sign base and/or structure must be 5' 3, , ..... constructed or covered with the same masonry material as S G N lomm . =lam= the principal building,or stone, or brick.All sign text and _I graphic elements shall be limited to a minimum of six(6) 1• IIIIIIII"IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fiches from the outer limits of the sign structure. Sign cture may not exceed seventy(70)square feet per face. 1' n may be illuminated utilizing a ground lighting source, ere the light itself and supporting structure may not be visible from public R.O.W. LACI7YDOCSORDWINALtSICRAAPPENDIXVSD SIGN ORDINANCE NO.704 September I, 1998 Page 17 1 -a,S APPENDIX 9B9 • SELECTED GRAPHIC CLARIFICATIONS Sections 16.A.2 and 16.A.4 -For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access. Only one attached sign per street frontage shall be allowed on any site along said street frontage, unless otherwise specifically provided. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Drive Parking t 1 120' 18" letter/logo 18" letter/logo 15" letter/logo 5CY �� ' • 12" lease lease lease space space letter/ space p logo public entrance i public entrance w aseiliMM secondary sign secondary sign 4.5"letter/logo 3.75"letter/logo Ii ! II l: ! il ( ! Illjl ! I l i I i l i i l l I I l i I I ', i I Parking Section 16.A.4- Attached signs shall be limited to within the first story of the main exterior entrance for a building or lease space. signs signs signs ESIIMMII kG,. . • .. .: Si•ns B Us Evideu 9 il 0.-,,-- I t.Trrroocs\ORmAL\SIGVNPPemrx.vso SIGN ORDINANCE NO.704 September I. 1998 Page 18 APPENDIX ' B' • SELECTED GRAPHIC CLARIFICATIONS Section 16.A.5-Attached signs shall be limited in width to the middle seventy five percent(75%) of the width of any building or lease space or single plane facade. 75% .-75%—, .-75%—. , 24" SUBS 24. • 1111 • Section 16.A.6- Signs shall be no closer vertically to the eave of the roofline or overhang than the permitted letter height. 4 •- 111111 — 24" 111111 �-�.; 111111 24" MITL-iylOMB �' . Illlll 111111 111111 111111 111111 111111 111111 111111 111111 111111 III111 WII' 111111 Illlll Illlll mu, 'IIIII ,IIIII Illlll LICITYDOCs\ORD\FNAL.SIGN,JPPE`DIX VSD SIGN ORDINANCE NO 704 September 1, 1998 page 19 APPENDIX 'B' 0 SELECTED GRAPHIC CLARIFICATIONS Section 16.A.6 -Signs may be attached to a continuous plane fascia provided the sign does not extend above or below the projection of the fascia. Such signs are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure. • • Sign —► • Column —► • • .40 LACTIVDCCSORDNFINAUSIGNNAPPEMIXVSD SIGN ORDINANCE NO. 704 September 1, 1998 Page20