Item 8CORDINANCE NO. 480 -UU
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING
OUTDOOR SALES AND SERVICE, OUTDOOR COMMERCIAL DISPLAY,
MASS GATHERING, AND ADMINISTRATION; 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.
WHEREAS, the City of Southlake, Texas 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, the city has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best interest of
the city to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 3 "Administration and Enforcement ", of Ordinance No. 480, as amended, is hereby
amended to read as follows:
3.8 APPLICATIONS FOR AMENDMENTS TO THE ZONING ORDINANCE,
ZONING REQUESTS, CONCEPT PLANS, DEVELOPMENT PLANS, SITE PLANS,
DEVELOPMENT PLANS, SPECIFIC USE PERMITS, BOARD OF ADJUSTMENT AND
OTHER ZONING ORDINANCE RELATED REQUESTS. An application will not be submitted to
the Planning and Zoning Commission or City Council until the Administrative Official determines
that the application is complete.
SECTION 2.
Section 4 "Definition" of Ordinance No. 480, as amended, is hereby amended to read as
follows:
MASS GATHERING AREA - Any place maintained, operated, or used for a mass gathering
event or assemblage.
MASS GATHERING EVENT - A group of 200 or more persons assembled together for a
meeting, festival, social gathering, entertainment, scheduled event or other similar event.
OUTDOOR COMMERCIAL DISPLAYS — Outdoor display and /or sale of merchandise
consisting only of products related to the merchandise offered for sale by the business within
the main building structure on a lot.
OUTDOOR SALES OR SERVICES — The offer or display for sale of any goods, wares,
merchandise or services on private property separate and apart from the main building or at
a location where there is no preexisting principal use. The goods, wares, merchandise or
services offered for sale as outdoor sales or services are normally not offered for sale in the
main building on the lot or in association with the principal use.
PRIVATE PROPERTY — All property within the city except for property that is located
within a public right -of -way or owned by a governmental agency.
PROMOTER - A person who promotes a mass gathering event. In the event that no
promoter exists, the owner or, in the event of his non - availability, the lessee of the ground
encompassing the mass gathering area, shall be deemed to be the promoter.
PROMOTE - Includes organize, manage, finance or hold a mass gathering event.
REFUSE - All combustible or non- combustible putrescible or non - putrescible solid or liquid
wastes.
SANITARY FACILITIES - Toilets, privies, lavatories, urinals, drinking fountains, and any
service building or room provided for installation and use of these units.
SECTION 3.
Section 18.5.f "0-1 Office District ", of Ordinance No. 480, as amended, is hereby amended
to read as follows:
Floor Area: Eaaeh stefe, shop business shall have o f fi hundre (5"
squafe feet of fleefafea—,-bttt t--The minimum size for a separate building or structure
existing within this district shall be three thousand (3,000) square feet. There shall be no
maximum limitation except as may be required by other provisions of this ordinance or
based upon a specific use restriction.
SECTION 4.
Section 20.5.f "C -1 Neighborhood Commercial District ", of Ordinance No. 480, as
amended, is hereby amended to read as follows:
Floor Area: €�aeh stefe, shop of business shat have of fi hundre (5"
squa feet of floof afe bttt The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. The maximum floor area
contained within any structure existing in this district shall be ten thousand (10,000) square
feet. (As amended by Ordinance No. 480 -C.)
SECTION 5.
Section 21.2 "C -2 Local Retail Commercial District ", of Ordinance No. 480, as amended, is
hereby amended to read as follows:
Section 21.5.f "C -2 Local Retail Commercial District ", of Ordinance No. 480, as amended,
is hereby amended to read as follows:
Floor Area: Eaeh store, shop vr- business shall have of five hundred (5"
squa feet o f fl° °r ^r°^ b t The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. The maximum floor area
contained within any structure existing in this district shall be forty thousand (40,000)
square feet.
SECTION 6.
Section 22.5.f "C -3 General Commercial District ", of Ordinance No. 480, as amended, is
hereby amended to read as follows:
Floor Area: Eaeh stefe, shop of business shat have of fi h (5"
squa feet o ffl° °r ^r°^ b The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. There is no maximum floor
space, except as specified herein under other provisions of this ordinance.
SECTION 7.
Section 23.5.f "C -4 General Commercial District ", of Ordinance No. 480, as amended, is
hereby amended to read as follows:
Floor Area: Eaeh stefe, shop of business shat have o f fi h (5"
squa feet o ffl °„r „r°., b,,* t The minimum size for a separate building or structure existing
within this district shall be two thousand (2,000) square feet. There is no maximum floor
space, except as specified herein under other provisions of this ordinance. (As amended by
Ordinance No. 480 -C.)
SECTION 8.
Section 34.1 "Accessory Uses ", of Ordinance No. 480, as amended, is hereby amended to
read as follows:
Tents for- the foF tvvepAy thfee
CS C _1,C2,C3, ,
R 1 R 7 1 1 1 7 S U 1
aa. ptffpose of pr-emeting retail sales a peFiod not exceeding (2�)
days. ThAs be in the
use shall Feqttir-e a peFmit and shall constmeted aceeFdance with pr-ovisie
.a It h l l
the Uflif ,-... T iFe Code �� Z �aS ° cz - c ri e - de�
fiel t th
�
U � 7 TII �
, N DT
9 , f z, i
e also
the district inwhkh it is being No than twe
Fegulations of zoning placed. mom peFmits m
be issued in day between
any one yeaF period, with a sWy (60) separation uses. (As afflende
b nr,a non u
dd. Outdoor commercial displays (See section 34.3 for specific regulations).
CS, Cl, C2, C3, C4, I-
1, I -2, B -1, B -2, HC,
DT
cc. Yard or garage sales, subject to the following requirements:
1. No more than 3 garage sales within any 12 month period may occur.
2. The duration of the sale shall not exceed 72 hours.
AG, RE, SF -lA, SF-
1B, SF -20A, SF -20B,
SF -30, MF -1, MF -2
ff. Fund raising/ sales. This activity may take place if the sole purpose is for raising funds to
CS, Cl, C2, C3, C4, I-
support community service organizations, public charities, or non - profit organizations and the
1, I -2, B -1, B -2, HC,
following conditions are met:
DT
1. The solicitation or sales activity is restricted to privately owned land,
2. The solicitation or sales activity is restricted ton area that will not impede the normal flow
of vehicular and customer traffic so as to create a traffic hazard, or other hazard to the
public,
3. The organization has permission of the owner or lessee of the land, and
4. The duration of the fiord raising activity shall not exceed seven (7) consecutive days;
provided that fund raising and sales that take place inside a a permanent structure shall not be
subject to this limitation.
gg. Mass gathering events. This activity is authorized as an accessory use if it occurs:
ALL
1. in a permanent structure designed, constructed and approved by the Fire Marshal for the
occupancy load of the event, with sufficient permanent sanitary facilities, as required by
the Uniform Building Code and sufficient parking facilities as required by this ordinance,
2. on a tract of land which is at least 10 acres in size, and the mass gathering area is at least
200 feet from the adjacent property, and the site will accommodate the required parking of
cars of attendees on -site, or
3. if the event is attended by less than 1,000 people in a day and the promoter has registered
with the Director of Public Safety and submitted the following information: Name,
address, telephone number, type of event, start and finish time for the event, the number of
people expected to be in attendance, and the location for parking).
Section 34.3 "Accessory Uses ", of Ordinance No. 480, as amended, is hereby amended to
read as follows:
OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type
and location of outdoor commercial display items at permanent business locations:
a. Items or merchandise which may be stored and displayed outside of a permanent
business location without screening includes the following items and similar types of
items:
1) living plant materials;
2) bundled firewood;
3) merchandise associated with the holidays; and
4) mechanical equipment associated with lawn and garden care and maintenance if such
display shall be in conjunction with a promotional event and such equipment shall not be
stored outside more than three (3) continuous days and must be removed and returned
indoors at the end of each business day).
b. No other items or merchandise shall not be stored outside unless screened in accordance
with the requirements of Section 39.
c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel
to the front of the building intended for the egress of pedestrians along the front of the
building shall be used for storage, provided that the remaining pedestrian path, sidewalk
or hard surface area shall be not less than 5' in width (See Exhibit 34 -A).
d. The storage area shall not exceed 30% of the linear frontage of the principal building
(See Exhibit 34 -B).
e. The merchandise for sale shall not be located further than 15' from the principal
building.
f. The merchandise for sale shall not be located within required landscaped areas, required
parking areas, fire lanes, fire access ways, or exit ways and is located on an all weather
surface.
g. The display of merchandise shall be maintained in a neat, orderly manner and not be
stacked higher than a height of four (4) feet. Height regulations shall not apply to living
plant materials or the sale of Christmas trees.
h. Packaged materials displayed outdoors shall not be readily identifiable by type or
product name from adjacent public streets or adjacent residential property by reason of
package labels, sales tag markers, signs or otherwise.
i. The display of such merchandise must not impede traffic flow or block site distance on
the street.
SECTION 9.
Section 37.2 "DT Downtown District ", of Ordinance No. 480, as amended, is hereby
amended to read as follows:
Other Uses
■ Model homes for sales and promotion*
SUP
Other Uses
■ Parking, surface
P
■ Parking, structured
SUP
■ Sales from kiosks
SUP
SECTION 10.
Section 39.5 "DT Downtown District ", of Ordinance No. 480, as amended, is hereby
amended to read as follows:
Outdoor storage areas shall not be located forward of the principal building and
when possible, shall be located at the side of the building not facing a public
street exleept f r the following items and ev ents - (See Exhibit 43 -F). ^fie
items and events listed below are exeluded ffem the sefee ffients e
c ele e 43
rear. Mr:�.
•
IMP 01=1
M-11
I
��il� a.�ro►ov A.�O..uawr��
y �
n c o hibi te t
vu terz tra�en e ' ccc�e r cnese uses
asse iate with a eity - appfeved festival of fnafketplaee Outdoor commercial
displace as permitted by Section 34 are exempted from the requirements herein.
I
I
I
I
��il� a.�ro►ov A.�O..uawr��
y �
n c o hibi te t
vu terz tra�en e ' ccc�e r cnese uses
asse iate with a eity - appfeved festival of fnafketplaee Outdoor commercial
displace as permitted by Section 34 are exempted from the requirements herein.
I
I
��il� a.�ro►ov A.�O..uawr��
y �
n c o hibi te t
vu terz tra�en e ' ccc�e r cnese uses
asse iate with a eity - appfeved festival of fnafketplaee Outdoor commercial
displace as permitted by Section 34 are exempted from the requirements herein.
b .g. Sefeenifig
may be aeee 3plished thfetig an aeeeptabl Type M sefeenif d °
Primary Outdoor Storage shall be screened with a Type III screening
device unless the items stored are otherwise exempted from screening
requirements of this Section.
SECTION 11.
Section 43.9.c.4.f "Overlay Zones ", of Ordinance No. 480, as amended, is hereby amended
to read as follows:
e. Outdoor storage areas shall not be located forward of the principal building and
when possible, shall be located at the side of the building not facing a public
street, e x c ept f f th f ll i„ it and eve ffts (S E 43 F A nise- he
I
Seefien 43.9.e.4:
1011111111M �11111111111111®rlqrrm
MEN ki
11111510 1311,211 'Llill 11
I
I
I
MEN ki
11111510 1311,211 'Llill 11
I
IIIIII M
I
� � iw.0•vil�
I
SECTION 12.
Section 45.1 "Specific Use Permit ", of Ordinance No. 480, as amended, is hereby amended
to read as follows:
435. Multi -level parking garages for non - residential property, subject to the requirements set
CS, 0-1, 0-2, C -1, C-
forth in Section 45. of this ordinance. (As amended by Ordinance No. 480 -IL)
2, C -3, C -4, HC, B -1,
B-2,1-1,1-2,S-P-1, S-
P-2, DT ** and PUD
436. Single - family (attached and detached) residential
DT
37. Mass Gathering Event when not permitted as an accessory use in accordance with
ALL
Section 34, subject to the requirements set forth in Section 45.15 of this ordinance.
CS, Cl, C2, C3, C4, I-
4 -740. Outdoor sales or services, subject to the requirements set forth in Section 45.12 of this
1, 1 -2, B -1, B -2, HC
ordinance.
CS, Cl, C2, C3, C4, I-
4941. Donation bins, subject to the requirements of Section 45.13.
1, 1 -2, B -1, B -2, HC,
DT **
42. Tents for the purpose of promoting retail sales for a period not exceeding twenty -three (23)
CS, C -1, C -2, C -3, C-
days. Tents shall be constructed in accordance with the provisions of the Uniform Fire Code,
4, B -1, B-2,1-1,1-2,
Article 32, as amended. A permit may be issued for a tent only as an accessory use. The activity
S -P -1, S -P -2, NR-
shall also meet the development regulations of the zoning district in which it is located. No more
PUD, DT **
than two specific use permits for tents for a lot may be issued in any one year period, with a sixty
(60) day separation between events. The location of the tent shall not reduce the minimum
parking requirements or effectiveness of landscaped areas within the site.
Section 45.8.d.2.b "Specific Use Permit ", of Ordinance No. 480, as amended, is hereby
amended by adding the following regulation, to read as follows:
b) A telecommunication tower must be 1) used by two or more wireless
telecommunications providers; or 2) designed and built so as to be capable of use by two or
more wireless telecommunications providers and the owner of the antenna must certify to
the City that the tower is available for use by another wireless telecommunications provider
on a reasonable and non - discriminatory basis.
Section 45.10.b.4 "Specific Use Permit ", of Ordinance No. 480, as amended, is hereby
amended by adding the following regulation, to read as follows:
Outside Commercial Display of Goods Outside commercial display of goods shall be
prohibited.
Section 45.12 "Specific Use Permit ", of Ordinance No. 480, as amended, is hereby
amended by adding the following regulation, to read as follows:
45.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES
a. Approval of a specific use permit for outdoor sales or services shall be based upon an
analysis of the location, the site layout and design features, the assurance that the
adjoining streets can handle higher volumes of traffic during peak hours of traffic loading
without a requirement to divert traffic onto traditional residential streets and the
compatibility of the proposed use with adjacent land uses.
b. A fixed time period (specific dates) for the outdoor sale or service activity to commence
shall be established in the specific use permit. The permit for the sale or service activity
shall be established and unless otherwise stated in the permit, shall be valid one year from
the date of approval by the City Council.
c. _Regulations for any structure used to conduct the outdoor sale or services activity
including but not limited to, size, color, location of equipment, lighting and signage shall
be established in the specific use permit.
d. The location of outdoor sale or service activity shall not reduce the parking requirements
or effectiveness of landscaped or buffer areas and the areas for the display of
merchandise shall do not adversely impact the ability of pedestrians or vehicles to move
about the lot.
e. The site must provide adequate ingress and egress.
f. Provisions for waste collection, recycling and /or disposal may be established in the
specific use permit.
g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty -
four inches (44 ") in width. Additional width may be required and pedestrian ways shall
be subject to the Americans with Disability Act Accessibility Guidelines for Building and
Facilities.
Section 45.13 "Specific Use Permit ", of Ordinance No. 480, as amended, is hereby
amended by adding the following regulation, to read as follows:
45.13 SPECIFIC REGULATIONS FOR DONATION BINS
a. A donation bin shall be permitted only as an accessory use to the principal use
12
established on the lot or tract of land.
b. The applicant must disclose the intended recipient of collected items and the
percentage of funds collected or goods collected which will be paid or given to a
charitable organization.
c. The applicant must submit written permission of property owner consenting to the
erection and maintenance of the donation bin.
d. The specific use permit shall provide that the permit holder shall:
1) keep the area around the bin free of litter;
2) remove graffiti from the bin within 48 hours of discovery; and
3) maintain the bin painted or otherwise unrusted and undented and in good repair.
e. A minimum lot size of 43,560 square feet is required to locate a bin.
f. No more than one bin may be maintained on a lot.
g. A bin shall not be located closer than 500 feet to another bin.
h. A bin must be at least 300 feet from the property line of a school.
i. The location of a bin shall not reduce the minimum parking requirements or
effectiveness of landscaped areas within the site.
j. A bin shall not exceed a capacity of 512 cubic feet.
k. A bin must be cleared of contents at least once every two (2) weeks.
1. Bins must safely designed in a manner that prevents the tipping over and prevents
children from entering inside the bin.
M. Each bin shall bear the name and phone number of the owner and all charitable
organizations which benefit from the collected materials.
n. All collected items must be fully contained within the bin.
o. A bins shall be located on a paved surface.
45.14 MASS GATHERING EVENT
a. The City Council may grant an application for a specific use permit for a mass
gathering event if it finds the standards in this Ordinance are met. When considering an
13
application for a permit, the City Council may establish specific conditions depending
upon the nature of the proposed event and the traffic, health, and safety issues
b. An application for a permit to hold a mass gathering event shall identify (i) the
promoter; (ii) the mass gathering area; (iii) the maximum number of patrons anticipated
or tickets to be sold for the gathering; (iv) the dates and time of day being considered for
the mass gathering; (v) information pertaining to previous mass gatherings in the same
mass gathering area or sponsored by the promoter or a related entity at other locations,
within the previous two years; and (vi) shall provide other information which is
reasonably related to the health, safety and welfare of the citizens, including:
1) a plan describing all measures and procedures designed to address safety
concerns, including provisions for protecting the safety of those attendees at a general
admission event;
2) a sketch or rendering showing the general layout or configuration of the mass
gathering area and depicting the general location of the activities and facilities to be
provided;
3) the name and address of each performer who has agreed to or been invited to
appear at the mass gathering;
4) the address of the property at which the mass gathering is to be held; and
5) evidence of the agreement between the promoter and the property owner for use
of said property for the mass gathering event.
c. In considering whether to grant a mass gathering event special use permit, the City
Council shall consider the following:
1) whether there is convenient and safe access for the ingress and egress of
pedestrians and vehicular traffic;
2) whether sufficient traffic control personnel is proposed to insure safety to all
members of the traveling public, including pedestrians, along all public roadways in
the proximity of the mass gathering and /or along which the public is likely to travel to
reach the mass gathering areas shall be provided;
3) whether the mass gathering area is well drained and so arranged to provide
sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant
equipment;
4) whether sufficient illumination will be provided at night to protect the safety of
the persons assembled.
5) whether adequate parking areas, including disabled persons' parking spaces, shall
be provided for persons arriving by vehicular means. If the promoter proposes to
utilize temporary off -site parking, then the promoter the mass gathering event the off -
site temporary parking area will not be utilized for purposes other than the mass
gathering event; and
6) whether adequate provisions have been made for food supply, medical assistance,
garbage disposal, water supply, parking, sanitation and toilet facilities, vermin
control, and safety.
14
d. The promoter of a mass gathering event shall comply with the following requirements
during the mass gathering event and these requirements shall be deemed as part of a
specific use permit granted for such an event:
1) Food Supply
Food preparation, service and storage will be provided for pursuant to the
requirements of the Texas State Department of Health, the county in which the
mass gathering event takes place, or the City, whichever is more stringent.
2) Water Supply
a) An adequate, safe supply of potable water, meeting the requirements of the
Texas State Department of Health, the county in which the mass gathering event
takes place, or the City, whichever is more stringent, shall be provided.
b) Transported water, if used, shall be obtained from an approved source, stored
and dispensed in an approved manner. Approval as used in this paragraph means
in compliance with standards adopted by the Texas State Department of Health,
the county in which the mass gathering takes place, or the City, whichever is more
stringent.
3) Sanitation
Toilet facilities will be provided for pursuant to the requirements of the Texas State
Department of Health, the county in which the mass gathering event takes place, or the
City, whichever is more stringent.
4) Refuse Disposal
a) Refuse shall be collected, stored, and transported in a manner that allows for
recycling and protects against odor, infestation of insects and /or rodents and any
other condition, which poses a threat to the health, safety, and welfare of the
patrons of the mass gathering event or the public.
b) Refuse and recycling containers shall be clearly marked and readily
accessible.
c) The area where motor vehicles are parked shall have one (1) fifty (50) gallon
refuse container or its equivalent for every twenty -five (25) such motor vehicles
or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000)
motor vehicles and an appropriate number of recycling containers.
d) All refuse will be collected from the assembly area at least twice each twelve
(12) hour period of the assembly, with a minimum of two (2) such collections for
a gathering exceeding six (6) hours, or more often if necessary, and disposed of at
a licensed waste disposal facility.
e) The grounds and immediate surrounding property shall be cleared of refuse
within twenty -four (24) hours following a mass gathering event.
15
f) In lieu of the above - mentioned requirements in this subsection, the promoter
may submit an alternative plan for refuse disposal for the consideration by the
City Council.
5) Vermin Control
Insect, rodents, and other vermin shall be controlled by proper, sanitary practices,
extermination, or other safe and effective control methods, where necessary, and
animal parasites shall be controlled.
6) Safety
a) Electrical systems shall be installed and maintained in accordance with the
provisions of the applicable State standards and local standards and regulations,
and shall be approved by a City of Southlake electrical inspector.
b) Grounds, buildings, and related facilities shall be constructed, maintained and
used in a manner as to prevent fire and in accordance with the applicable State
and City fire prevention regulations.
c) Internal and external traffic and security control shall meet requirements of
the applicable State and local law enforcement agencies.
d) At least one law enforcement officer for each 500 persons expected to attend
the mass gathering (but not fewer than a total of three officers) shall be on site to
assist in crowd and traffic control. The City Council may require additional or
fewer officers, depending upon the information contained in the application. If
the promoter intends to use private security officers, then the identity and number
of such officers shall be described in the application.
e) The promoter shall ensure that adequate communication between local law
enforcement, fire prevention, and emergency personnel and any private security
personnel, including emergency response protocols, is provided for each mass
gathering event. An on -site communications center may be required.
7) Medical
a) Any and all medical buildings or tents with adequate medical supplies
shall be available in a convenient location and shall be clearly identified as such.
b) An adequate number of emergency vehicles duly licensed by the State of
Texas as ambulance shall be available on the site beginning one half hour before
the mass gathering event begins and until all patrons have left the scene as
determined by the Director of Public Safety.
C) The promoter of the mass gathering event may be required to contact
hospitals in the local area prior to the date of the event and advise them that a
mass gathering event shall be held and the approximate number of people
expected to attend.
8) Noise
16
The promoter shall control the level of sound emanating from the mass gathering area
pursuant to the City's Noise Ordinance (Article III of Chapter 11, Southlake Code).
9) Area
a) Trees, underbrush, large rocks and other natural features shall be left intact and
undisturbed whenever possible, and natural vegetative cover will be retained,
protected and maintained so far as possible to facilitate drainage, prevent erosion,
and preserve scenic attributes.
b) Grounds shall be maintained free from accumulations of refuse and any health
and safety hazards.
10) Lighting
The mass gathering area shall be adequately lighted, but the lighting shall not
unreasonably reflect beyond the assembly area boundaries unless adjacent
properties are uninhabited and must comply with the City's Lighting Ordinance;
11) Alcoholic Beverages
a) A Specific Use Permit is required to sell and consume alcoholic beverages
at a mass gathering event. The promoter shall restrict the time and location of
such sale so that alcoholic beverages are sold only during the particular event and
so that public safety and order will not be impaired.
b) The promoter shall comply fully with the laws of the State of Texas
regulating the sale and consumption of alcoholic beverages.
12) Sell -out
The promoter shall notify the Director of Public Safety at least three (3) days in
advance if the mass gathering event is sold out. When the promoter learns that a
particular event is likely to be sold out, the promoter shall exercise due diligence
to promptly inform the general public that tickets will not be available for sale at
the time of the event. At a minimum, the promoter shall broadcast
announcements in the communications media serving the entire marketing area
for the facility regarding the substance of the preceding sentence.
e. Public Costs Escrow -A promoter may be required to deposit with the Director of Finance
at least two weeks prior to the mass gathering event an amount of money equal to 120% of
the estimated public costs of each contemplated mass gathering as set by the City Council.
The Director of Public Safety will prepare a public cost estimate and submit it to City
Council and the promoter. Public costs are those costs incurred by the City in connection
with the mass gathering event which relate to the mass gathering and which would not be
incurred by the City if such mass gathering was not held. Promptly after each mass gathering
event, the actual public costs shall be calculated, and the deposit shall be refunded to the
17
promoter to the extent it exceeds the actual public costs incurred. If the actual public costs
exceed the amount deposited, the promoter shall pay the excess to the City within 10 days
after being so notified.
f. The promoter may be required to present evidence of public liability insurance in at least
the following amounts: (i) $1,000,000 Bodily Injury (per person); (ii) $2,000,000 Bodily
Injury (per occurrence); and (iii) $1,000,000 property damage, which insurance policy shall
name the City, its officers and employees as additional insureds and shall contain a clause
providing that the policy may not be canceled by either party except upon not less than 30
days written notice to the City. A copy of the insurance policy shall be provided to the City
at the time of the filing of the application. Additionally, the City, its officers and employees
shall be named as additional insureds.
g. The City Council or Administrative Official may revoke a mass gathering event permit
issued pursuant to this Ordinance upon finding of one or more of the following:
1) that the promoter has violated one or more of the provisions of the specific use
permit;
2) if the City Council finds that the permit was obtained by fraud or
misrepresentation; or
3) if the preparations for the mass gathering event will not be completed prior to the
planned commencement of the mass gathering event.
SECTION 13.
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.
SECTION 14.
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
is
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 15.
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. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 16.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning yard regulations 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 17.
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 18
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
19
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.
SECTION 19.
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 the 1st reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
20
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
21