480-HORDINANCE NO. 480 -H
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, BY AUTHORIZING THE USE OF TENTS FOR THE PROMOTION
OF RETAIL SALES AS ACCESSORY USES IN CERTAIN
NONRESIDENTIAL DISTRICTS; 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 of Southlake has heretofore adopted
Ordinance No. 480, as amended, as the zoning Ordinance for the
City; and
WHEREAS, the City Council of the City of Southlake now deems
necessary to amend Ordinance No. 480, as amended, to specifically
authorize the use of tents for the promotion of retail sales as
accessory uses in certain nonresidential districts; 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
That Section 34, Accessory Uses, of Ordinance No. 480, as
amended, is hereby amended by adding a new paragraph "aa" to
subsection 34.1, to read as follows:
ACCESSORY USE
aa. Tents for the purpose of promoting retail
sales for a period not exceeding twenty -three
(23) days. This use shall require a permit
and shall be constructed in accordance with
the provisions of the Uniform Fire Code,
Article 32, as amended. It shall also meet
the development regulations of the zoning
district in which it is being placed. No more
than two permits may be issued in any one year
period, with a sixty (60) day separation
between uses.
SECTION 2
DISTRICTS
WHERE PERMITTED
CS, C -1, C -2,
C -3, C -4, B -1,
B -2, 1 -1, I -2,
S -P -1, S -P -2,
C -PUD
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provisions of such ordinances are hereby repealed.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 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
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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 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 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. 480, as amended, or any other ordinances affecting zoning 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
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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 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.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1992.
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AT ST:
aA�iyz x4&
C ITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ! DAY OF
1992.
MAY
ATT ST:
C TY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date • I ;/ Y —'72
ADOPTED:
EFFECTIVE
stakelI \480 -H (8/20/92)
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City of Southlake, Texas
M E M O R A N D U M
August 19, 1992
TO` Curtis E. Hawk, City Manager
rROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Ordinance No. 480 -H: Tents as Nonresidential
Accessory Uses
In a letter from Rick Stacy / dba Stacy Furniture, he petitioned
the Mayor and City Council to revise the zoning ordinance to
allow the use of tents for retail businesses on a temporary
basis.
Currently, the zoning ordinance does not provide for this use,
and by Section 7.2, "any use not expressly authorized and
permitted is expressly prohibited."
Prior to seeking the Planning and Zoning Commission's
recommendation, the City Council discussed amending Section 34,
"Accessory Uses," of the zoning ordinance to allow tents in all
nonresidential districts for the purpose of promoting retail
sales for a period not exceeding twenty -one (21) days twice
annually with a sixty -(60) -day separation between uses. It was
recommended that these structures be constructed in compliance
with the provisions of the Uniform Building Code and all
development regulations of the applicable zoning district.
On August 6, 1992, the Planning and Zoning Commission reviewed
the use of tents for the purpose of promoting retail sales and
recommended that they be allowed as an accessory use, premitted
twice annually for a period not exceeding twenty -three (23) days
and with a sixty -day separation between uses, that they be
charged a permit fee, and that they be permitted in accordance
to the provisions of the UBC and the zoning regulations for the
applicable district.
Upon receiving an interpretation from an ICBO (International
Conference of Building Officials) official, it was learned that
the Uniform Fire Code is the regulatory source regarding tents
and not the Uniform Building Code. Ordinance 480 -H reflects
this change.
Or' August 18, 1992; the City Council approved (6 -0) the First
isading of Ordinance No. 480 -H per the Commission's
tOc ommendation, deleting the 0 -1 and 0 -2 districts from the
> permitted districts, and establishing the policy of issuing no
lore than two (2) permits in any one year period.
, .+'ks
XPG
3
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
T-E STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared CAL RILEY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
SEP 04 ' 69334361CL . 358 1X63 L 63 . 40 25 . 20
ORDINANCE N0.480-H Sept 4
AMENDINGIN P . O . # 480-H
ORDI-
NANCE NO. 480 AS
AMENDED THECOM-
PREHENSIVE ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE,
TEXAS BY AUTHOR IZ-
ING YHE USE OF
TENTS FOR THE PRO
SALES OOAS NACCESSOR F Y
USES IN CERTAIN
NONRESIDENTIAL
ING
I THATSTHIS PROVID-
�- - -
ORDI-
NANCE SHALL BE CU-
MULATIVE PRO
VIDINGASEVERABIL ^
ITY CLAUSE PROVID- Y
ING FOR A PENALTY S I G N E
FEREOF(PROVIDING 1
OR A PENALTY FOR J D SWORN -- BEFORE ME, THIS THE - S i'YL -- - OF S ER, 992--
ROVIDING HEREOF;
INGS CLAUSE PRO- �� -�,
VIDING FOR PUBLICA-
TION IN PAMPHLET TARR�AI ,,.4OUNTY, TEXAS
FORM; PROVIDING
FOR PUBLICATION IN ^,,,,e,
THE OFFICIAL NEWS- '"""f pENCER +PAPER;AND PROVID- yam'!„�.`s
ING AN EFFECTIVE a�! Pve'�y Kp1NRYN I.S
DATE SECTION 4 _° . '.`'� OMilliSSON EXPIRES
Any person,firm or corpo- 11' T: )ANUAill
� 28, 1995
ratlonwhoviolates,disobeys, ..
omits nneeg9lects or refuses to _ _.. -.. ��y'y,.,
complywlthorwhoresiststhe + 4,i,`p`,= _.
enforcement of any of the pro-
visions of thls ordinance shall
be fined not more than TwoItt)
Thousand Dollars($2,000.00)
for each offense. Each day
thatavlolationisppeermittedto EA AL THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
eatet shall consitute a sepa-
rate offense.
PASSED AND APPROVED
IN SECOND READING THIS
THE 1st DAY OF SEPTEM-
92. REMIT TO : 400 W . SEVENTH, FW , TX 76102
Fl
Gary Fickes,
ATTtiAEST Southlake
USE-
rand, r!F_r;l, �I�1' �{1j�1 !' TiX1� Xf�(01-2051
formo r Jr.,- 1 Star-Telegram36 ACCOUNT C I T 5 7 AMOUNT 25.20
cr NUMBER DUE
-,<_ j({�! I 1
.�/�' PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 25. 20 1
SOUTHLAKE TX 76092-8898 PLEASE PAY
THIS AMOUNT ►
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED