Item 8C (2)City of Southlake
Department of Planning
MEMORANDUM
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 Revisions to Regulations Governing
Solicitation /Outdoor Sales and Mass Gathering Activities.
Purpose of the
Discussion Item: Review proposed amendments to the Zoning Ordinance and Peddlers and
Solicitors Ordinance as a result of revisions to regulations governing solicitation,
outdoor sales and mass gathering activities.
Background: During the past year a number of issues regarding the administration, enforcement
and applicability of regulations governing solicitation/outdoor sales and mass
gathering activities have arisen. A few of these issues include:
• Overlapping /redundant regulations (i.e. snow cone stands regulated by both
the Zoning and Seasonal Sales Ordinances);
• 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 some solicitation issues facing the city
(i.e. solicitation in the public right -of -way /donation bins); and
• Multiple departments administering and enforcing solicitation, outdoor sales
and mass gathering regulations.
Currently there are six different city ordinances /regulations that have been adopted
over the past twenty (20) years which in some manner regulate solicitation sales,
outdoor sales or mass gathering activities. 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
Memo to P&Z Commission
1114120113
to adequately address the outdoor sales and service issues currently facing the City.
In an attempt to streamline, address issues facing the city and simplify 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
rp operty 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).
During the past year the City Attorney's Office, the Department of Public Safety,
and the Department of Planning have been reviewing and revising regulations which
govern solicitation, outdoor sales and mass gathering activities. As a result, major
revisions to the city's Peddlers and Solicitors Ordinance and the Zoning Ordinance
are being 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 this 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
February 5 2004 meeting.
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
Memo to P&Z Commission 2
1114120113
does not make a distinction between soliciting on private property vs. public
property, and does not differentiate between profit and non -profit solicitation
activities.
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 Gatherinm Ordinance (I 98 -I)/ Code of Ordinances of the City of
Memo to P&Z Commission 3
1114120113
Southlake, Chapter 3- Article II.
Overview of Existing Ordinance
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) and as a result, 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 mass gathering events (gatherings in
which 200 or more people are in attendance in a single day) either via the
Accessory Use or Special Use Permit (SUP) sections. All mass gathering
events with a 1,000 or more people in attendance will require a Special Use
Permit. Mass gatherings with between 200 and 999 people in attendance
will be allowed as an accessory use if it takes place in a permanent structure
designed for the occupancy load of the event and has adequate facilities and
parking or is conducted on a tract of land that is at least 10 acres in size and
the mass gathering event is at least 200 feet from the property. Mass
gathering events with between 200 -999 people that do not meet one of the
criteria indicated above, will require that a permit to be issued by the
Director of Public Safety prior to the event taking place. Permit issuance
will be evaluated on criteria currently being developed (See proposed
language in Section 34. l.gg & Section 45.14 of the Zoning Ordinance).
• 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.
Memo to P&Z Commission 4
1114120113
• 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 in some cases 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
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.
Memo to P&Z Commission 5
1114120113
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, 0-2, 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, 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 review.
Summary of Proposed Changes (See Zoning Sections Attached - Proposed text
additions highlighted /proposed deletions indicated by a str4kethfoug)
• 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)
Memo to P&Z Commission 6
1114120113
- Private Property (4 -p.18)
- Promoter (4 -p. 18)
- Promote (4 -p.18)
- Refuse (4 -p.18)
- Sanitary Facilities (4 -p.19)
• Section 18 0-1 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 21 -C -2 District- Deleted the following.
• 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). Tents for retail
sales now required a SUP.
- 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 - Section 45).
- Outdoor vendor sales (Not permitted in the DT district per the solicitor's
ordinance).
Memo to P&Z Commission 7
1114120113
-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.
- Deleted items 27, 28, 29, 30 and 34 of the Specific Use table.
-Added the following to the Specific Use table.
38. Mass Gathering Event (45 -p.6).
40. Outdoor Sales and Service (45 -p. 7).
41. Donation Bins (45 -p. 7).
42. Tents for the purpose of promoting retail sales (45 —p.7).
- Added specific regulations for outdoor sales or services (45.12 -p. 23).
- Added specific regulations for donation bins (45.13- p. 23).
- Added specific regulations for Mass Gathering Events (45.14 -p.25)
Street Curb Paintinz 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.
Memo to P&Z Commission
1114120113
Summary of Proposed Changes
• Provide regulations in the peddlers and solicitors ordinance.
• Require the use of reflective paint.
Hemo to P &Z Commission
1 ,'1420113