Solicitors Ordinance Memo to PZ
City of Southlake
Department of Planning
M E M O R A N D U M
December 30, 2003
TO: Planning and Zoning Commission
FROM: Bruce Payne, Planning Director
SUBJECT: Discussion Item – Review Proposed Changes to Zoning Ordinance 480 and the Peddlers
and Solicitors Ordinance as a Result of the Proposed Revisions to Solicitation/Outdoor
Sales and Mass Gathering Regulations.
________________________________________________________________________
Purpose of the
Discussion Item: Review proposed amendments to the zoning ordinance and peddlers and solicitors
ordinance as a result of needed revisions to the solicitation/outdoor sales and mass
gathering regulations. The planning staff has been working with the City
Attorney’s Office and the Department of Public Safety during the past year to
review regulations effecting solicitation, outdoor sales and mass gathering activities
as a result of recent issues facing the city. A few of these issues include (Staff will
th
provide more detail on these issues during the presentation at the January 8
meeting):
Overlapping/redundant regulations (i.e. snow cone stands regulated by the
Zoning and Seasonal Sales Ordinance).
Antiquated language (i.e. detailed lists and standards for medical supplies,
water supply, sanitation facilities, etc. required for a mass gathering event).
Current ordinances do not address solicitation issues facing the city (i.e.
solicitation in the public right-of-way/proliferation of donation bins).
Multiple departments administering/enforcing solicitation/outdoor
sales/mass gathering regulations.
As a result of this year long review, major revisions to the city’s Peddlers and
Solicitors ordinance and the Zoning Ordinance are proposed. The Planning and
Zoning Commission will not take a formal action on the peddlers and solicitors
ordinance. However, it is critical that the Planning and Zoning Commission
understand the peddlers and solicitors ordinance and its relationship to the proposed
zoning ordinance amendments. Also, the Planning and Zoning Commission may
desire to make general recommendation to the City Council regarding the content
of the peddlers and solicitors ordinance. The Planning and Zoning Commission
will make a formal recommendation to City Council on the proposed changes to the
zoning ordinance. A public hearing on this item is tentatively scheduled for the
th,
February 52004 meeting.
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Background: Currently there are six different city ordinances/regulations that have been adopted
over the past twenty years which in some manner regulate outdoor sales or service
activities (i.e. solicitation sales, outdoor sales, seasonal sales). These
ordinances/regulations are as follows: (1) Peddlers and Solicitors Ordinance; (2)
Seasonal Sales Ordinance; (3); Mass Gathering Ordinance; (4) special events
(found in the City’s Zoning Ordinance); (5) temporary uses (found in the City’s
Zoning Ordinance); and (6) Street Curb Painting Ordinance. The multiple
ordinances/regulations which govern outdoor sales and service activities have
resulted in an inefficient and sometimes confusing process in terms of
administration and enforcement. For instance, the Planning Department, the
Department of Public Safety, the City Secretary’s office and the City Manager’s
office currently administer and/or enforce at least one of the ordinances listed
above. Also, many of the existing regulations need to be updated to adequately
address the outdoor sales and service issues currently facing the City.
In an attempt to streamline, address issues facing the city and simply administration
and enforcement, staff has proposed to place all applicable solicitation/outdoor
sales/mass gathering regulations into either the Peddlers and Solicitors Ordinance
or the Zoning Ordinance. It is proposed that solicitation/sales activities that are
mobile in nature (door-to-door sales/ice cream truck) or conducted on public
property be regulated by the Peddlers and Solicitors Ordinance, while outdoor
sales or services on private property will be regulated by the Zoning Ordinance.
As a result, all regulations governing solicitation/outdoor sales/mass gathering
activities will be located in just two ordinances and would be administered and
enforced by either the Director of Public Safety (Peddler and Solicitors Ordinance)
or the Zoning Administrator (Zoning Ordinance).
Proposed Changes: Below are overviews of the ordinances affected and a summary of the changes to
each ordinance as proposed by staff.
Peddlers and Solicitors (Ordinance. 643) /Code of Ordinances of the City of
Southlake, Chapter 13
Overview of Existing Ordinance
Adopted November, 1996. The solicitor’s ordinance was the city’s first
comprehensive attempt to regulate itinerant merchants and solicitors operating
within its limits. The ordinance applies to mobile solicitors, moving either by foot
or by vehicle, within the city limits. The predominant regulatory language of the
ordinance pertains to information required in making application; requirement for a
bond; allowed hours; and required display of identification. The ordinance does
not regulate what a solicitor sells, nor where items may be sold. The ordinance also
does not make a distinction between soliciting on private property vs. public
property, and does not differentiate between profit and non-profit solicitation
activities.
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Summary of Proposed Changes
The peddlers and solicitors ordinance will regulate solicitation activity that
is mobile in nature (door to door sales) or conducted on public property,
while outdoor sales or services on private property (i.e. hot dog
stands/Christmas tree sales) will be regulated via the zoning ordinance.
The definition of solicitation is expanded to include: 1) the collection of
money for any purposes; and 2) the distribution of handbills or leaflets.
Canvassing activities are now regulated.
A person commits an offense if that person engages in a solicitation or
canvassing activity within the roadway, or on any median or traffic island
within the right-of-way of any street or highway within the city.
A person commits an offense if the person engages in solicitation or
canvassing in an aggressive or intimidating manner.
A person commits an offense if a person engages in a solicitation or
canvassing activity at a residence after sunset.
A person commits an offense if the person engages in a solicitation activity
with the occupant of any vehicle stopped or traveling or traveling on
Highway 114, FM 1709, FM 1938, any street or highway within the Town
Center Designation of the City’s land use plan, or any street or highway in
the city which is designated as an arterial or collector on the Master
Thoroughfare Plan.
A person commits an offense if the person engages in solicitation activity
on a sidewalk within the Town Center designation of the City’s land use
plan.
Solicitation activity in conjunction with a city sponsored event (i.e. Art-in-
the Square) is not regulated.
A non-profit organization or person conducting solicitation activity on
behalf of a non-profit organization is exempt from payment of a permit fee.
Ordinance solely administered and regulated by the Department of Public
Safety.
Mass Gathering Ordinance (198-1)/ Code of Ordinances of the City of
Southlake, Chapter 3-Article II.
Overview of Existing Ordinance
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Adopted June, 1982. Based upon review of the content of the ordinance, it would
appear that it was originally adopted to contend with the possibility of a
“Woodstock” style rock concert occurring in Southlake. The ordinance applies to
all gatherings of 500 or more people for more than six continuous hours and goes
into great detail about required supplies of water, emergency aid supplies (i.e.
band-aids), number of porta-potties, etc. Given that the type of large scale event
the ordinance was designed for never materialized (resulting in the ordinance being
applied rarely- if ever), in-house memory of the ordinance faded. Consequently,
the provisions of the ordinance had not been invoked in some time. During the
ordinance review phase conducted by the planning department, it was discovered
that the literal interpretation of the ordinance would require mass gathering permits
to be processed for children’s soccer leagues and little league teams, the July 3rd
celebration, special events such as Art in the Square and Oktoberfest, etc.
Following up on the recognition of the requirements of this ordinance, its
provisions were recently applied to the Jewel outdoor concert that was held during
the 2003 Art in the Square event.
Summary of Proposed Changes
Rescind the Mass Gathering Ordinance (198-1).
The zoning ordinance will regulate most events or gatherings attended by
200 or more people in a single day via the Special Use Permit (SUP)
requirements.
Some mass gathering events will be considered an Accessory Use if it
occurs in a structure designed to handle the occupancy load of the event or
if the event is held on a tract of land which is at least 10 acres in size and
the mass gathering event is at least 200 feet from adjacent property.
Events or gatherings that are customary to the principal use (schools,
shopping centers, football stadium, and youth sports) are not subject to the
regulations of the ordinance.
Specific city standards for medical care, toilet facilities, food sanitation,
water supply, first-aid supplies etc. will be eliminated from the regulations.
Regulations will refer to the requirements of the Tarrant/Denton counties
health departments and the Texas Department of Health.
Site renderings and other documentation will be required to demonstrate
compliance with ordinance.
Sale of Seasonal Items Ordinance (419)/Code of Ordinances of the City of
Southlake, Chapter 5-Article III
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Overview of the Existing Ordinance
Adopted February, 1988. This ordinance attempts to bridge the gap between
permanently established uses controlled by the zoning ordinance and temporary
retail sales operations related to seasonal events. The seasonal sales ordinance also
functions similarly to a solicitor ordinance via the application and registration
requirements of the vendors. The ordinance authorizes the temporary sale of
Christmas trees, snow-cones, firewood and similar seasonal goods. Vendors are
required to have a seasonal sales permit in order to conduct the authorized activities
and are specifically prohibited from conducting such activities without a permit.
The ordinance stipulates the specific zoning districts where authorized seasonal
sales operations are allowed to be conducted, therefore, it performs as a hybrid
zoning ordinance designed to regulate temporary retail uses. Permits are limited to
the following specific zoning districts: AG, CS, R-1, R-2, I-1, & I-2. Please note
that two of the named zoning districts no longer exist within the city, due to the
adoption of Ordinance 480, which converted the R-1 and R-2 districts to C-1 and
C-2 (inexplicably, the ordinance language in the updated city code presently
references the C-1 and C-2 districts, however, there is no record of an amendment
to Ordinance. 419 accomplishing this task). It should also be pointed out that the
locations that have been traditionally used for seasonal sales activities (Dallas
Foam site, NW corner of FM 1709 & Randol Mill, etc.) are not in any of the
aforementioned zoning districts.
Summary of Proposed Changes
Rescind the Sales of Seasonal Items Ordinance (419).
The zoning ordinance will regulate the sale of traditional seasonal sale items
(now referred to as Outdoor Sales or Services) via Special Use Permit
(SUP) requirements.
Zoning Ordinance (Ordinance 480)
Overview
Adopted September, 1989. The initial version of this comprehensive revision to
the city’s zoning ordinance did not include language governing special events or
temporary uses. Outdoor vending in the O-1, O-2, C-1, C-2, C-3 & C-4 zoning
districts is dealt with through the standard floor area requirement that “Each store,
shop or business shall have a minimum of 500 square feet of floor area (“floor
area” being limited to the interior of the primary structure), which would indicate
that no outside vending may occur within the aforementioned zoning districts.
However, hot dog, popcorn & drink vendors notwithstanding, a quick review of
existing businesses within the city quickly reveals that there are dozens of
otherwise legitimate “stores, shops or businesses” within these zoning districts that
do not meet the floor area standard (i.e. accounting, insurance, landscaping, banks,
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and other uses). Therefore, it is apparent that the floor area provision, as written,
has not been rigorously applied over the years. The zoning ordinance was amended
to allow for temporary tents for the purposes of promoting retail sales by
Ordinance. 480-H. Outdoor vendor sales and special events were allowed as an
SUP through adoption of the Town Square NR-PUD in 1997, and subsequently
remained an SUP when the PUD was converted to the Downtown zoning district in
2003. In 2001, regulations were provided to govern the display of seasonal goods
and merchandise associated with the principle commercial building.
Note- A few of the changes proposed to the Zoning Ordinance are clean-up items
from previous ordinance amendments and not as a result of solicitation/outdoor
sales/mass gathering activities.
Summary of Proposed Changes (Proposed changes highlighted/Deletions indicated
by a strikethrough)
Section 3-Administration and Enforcement
Added statement that an application will not be forwarded to the Planning
and Zoning Commission or City Council until the Zoning Administrator
determines that the application is complete and all required information has
been submitted (3-p 3). This is a clean-up item.
Section 4-Definitions--Added the following terms:
-Donation Bin (4-p. 5)
-Mass Gathering Area (4-p.14)
-Mass Gathering Event (4-p.14)
-Outdoor Commercial Displays (4-p. 16)
-Outdoor Sales or Services (4-p. 16)
-Private Property (4-p.18)
-Promoter (4-p. 18)
-Promote (4-p.18)
-Refuse (4-p.18)
-Sanitary Facilities (4-p.19)
Section 18 O-1 District, Section 20 C-1 District, Section 21 C-2 District,
Section 22 C-3 District, and Section 23 C-4 District--Made the following
changes.
- Deleted the minimum 500 square foot floor area requirement.
Section 34-Accessory Uses--Made the following to the accessory use table
(Section 34.1):
-aa. Deleted Tents for the purpose of retail sales (34-p.3). Moved to the
SUP section.
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- dd. Added outdoor commercial display items (34-p. 5) - Also provided
specific regulations for this activity in section 34.3 (p.6).
- ee. Added yard or garage sales (34-p. 5) (Not addressed previously in the
zoning ordinance).
- ff. Added fund raising/sales (34-p. 5).
- gg. Added mass gathering event (34-p.5).
Section 37-"DT" Downtown District--Deleted the following from Section
37.2-Schedule of Uses:
-Outdoor temporary removable displays and sales for fairs, festivals, and
other outdoor spaces (Now regulated by Mass Gathering in the Zoning
Ordinances).
-Outdoor vendor sales (Not permitted in the DT district per the solicitor's
ordinance).
-Added parking standards for office and retail uses that reflect those in
Town Squares’ original PUD (37-p.11). This is a clean-up item from 480-
SS and not related to the proposed solicitors ordinance change.
Section 39 - "Screening"--Made the following changes to Section 39.5.
-e. Deleted references to seasonal merchandised (39.5.e-p.4). Now
proposed to be permitted as an accessory use (outdoor commercial displays-
-regulations included in the accessory use section).
- f. Deleted reference to “Outdoor storage by transient salespersons is
prohibited”, and added “Outdoor Commercial Displays as permitted by
Section 34 are exempt from the requirement herein” (39.5(f).
-g. Added screening requirements for primary outdoor storage
Section 43 - "Corridor Overlay"--Made the following change.
- 43.9.4.f Eliminated references to seasonal merchandised (43-p. 10).
Proposed to be permitted as an accessory use (regulations included in the
accessory use section).
Section 45-Specific Use Permits--Made the following changes.
-38. Deleted outdoor temporary removable displays and sales at fairs,
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festivals, and other special events and replaced with a “Mass Gathering
Event (45.1-p.6) permitted as an accessory use in accordance with Section
34, subject to the requirements set forth in Section 45.15 of this ordinance”.
Also see associated requirements on (45.15-p. 24).
-40. Added “Outdoor sales or services (45.1-p. 6), subject to the
requirements set forth in Section 45.12 of this ordinance”. Also see
associate requirements on (45.12-p. 23).
-41. Added “Donation bins (45.1-p. 7), subject to the requirements of
Section 45.13”. Also see associated requirements on (45.13- p. 23).
-42. Added tents for the purpose of promoting retail sales (Now required by
SUP-previously listed as an accessory use only) (45.1-p.7).
Street Curb Painting Ordinance (644)/Code of Ordinances of the City of
Southlake Chapter 5-Article VI
Overview
Adopted July, 1996. The purpose of this ordinance is to regulate and register
persons engaged in the address numbers on street curbs.
Summary of Proposed Changes
Provide regulations in the peddlers and solicitors ordinance.
Require the use of reflective paint.
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