0419 TEXAS, RELATING TO THE SALE OF CERTAIN
SEASONAL ITEMS ON PROPERTY NOT ZONED TO
PERMIT SUCH SALES; PROVIDING DEFINITIONS;
PROVIDING FOR ISSUANCE OF TEMPORARY PERMITS
FOR THE SALE OF SEASONAL ITEMS; PROVIDING
FOR AN APPLICATION; PROVIDING FOR PAYMENT OF
A FEE; ESTABLISHING CERTAIN MINIMAL REQUIRE-
MENTS; ESTABLISHING PERMITTED LOCATIONS;
PROVIDING FOR THE NONTRA/~SFERABILITY OF
PERMIT; PRESCRIBING MANNER OF CONDUCTING
BUSINESS; REQUIRING RESTORATION OF LOCATION
AND REMOVAL OF STRUCTURES AND DEBRIS;
PROVIDING FOR DENIAL OR REVOCATION OF
PERMIT; PROVIDING FOR APPEAL; PROVIDING A
PENALTY OF FINE OF NOT TO EXCEED FIVE
HI/NDi{ED DOLLARs ($500.00) FOR A VIOLATION OF
ANY SECTION OF THIS ORDINANCE AND EACH DAY
ON WHICH A VIOLATION OCCURS SHALL BE DEEMED
A SEPARATE OFFENSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR OTHER MATTERS RELATING THERETO;
WHEP~EAS, the City Council has determined that the sale of
certain seasonal items on property that is not zoned to permit
or allow such sales could be considered on a temporary basis
due to the temporary and seasonal nature of the use, in
accordance with Section 5.18 of Ordinance No. 334, the Zoning
Ordinance of the City of Southlake, Texas as amended (the
"Zoning Ordinance"); and '
WHEREAS, the City Council, by passage of this Ordinance
does not create a property right in anyone to conduct sales of
seasonal items; and
WHEREAS, any party filing an application for a permit
pursuant to ~his Ordinance shall acknowledge on the face of the
application that any property owner has a right to request a
permanent rezoning of the owner's property under the zoning
category that permits and allows such sales and that no vested
property rights are available under this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1. pefinitions.
For the purposes of this Ordinance the following terms
shall have the meanings herein assigned to them.
Applicant - shall mean a natural person acting on his or
her own behalf, or a natural person acting as the authorized
representative of a corporation, partnership, association ~r
other group or entity and signing an application on behalf of
such corporation, partnership, association or other group or
entity, for a permit to offer for sale and sell Seasonal Items
in accordance with the terms and provisions of this Ordinance.
City - shall mean the City of Southlake, Texas.
City Manaqer - shall mean the City Manager of the City or
his or her designated representative.
Seasonal Items - shall mean goods offered for sale on a
short term or seasonal basis and shall include Christmas trees,
firewood and snow cones. "Seasonal Items" shall not include
items such as furniture, clothes, vehicles, farm and garden
equipment and tools, pottery, statues, decorator items,
fencing, lumber, building supplies, toys, animals or livestock.
SECTION 2. Permit Required; Application.
(a) It shall be unlawful for any person, corporation,
partnership, association or other entity to conduct the indoor
or outdoor sale of Seasonal Items without first obtaining a
permit from the City Manager.
(b) Each Applicant shall file an application on the
form prescribed by the CiTy Manager. The City Manager shall
issue a permit as provided and subject to the conditions
imposed herein within five (5) business days following
submission of a properly completed application form for the
sale of Seasonal Items and payment of the fee required by
Section 3 hereof.
(c) Each application shall contain the following
information:
(i) Legal name, address and phone number of
applicanT.
(ii) Legal description of lot, tract or parcel
of land and the street address of the proposed indoor or
outdoor sales location.
(iii) Legal name, address and phone number of the
owner of the property.
(iv) Existing zoning on subject tract.
(v)
for sale.
A description of the items to be offered
-2-
(vi) A plot plan showing the location of the
sales area and sales office on the property, and the
zoning and land use of all property within 200 feet of
the subject property.
(vii) Proposed hours of operation.
(viii) History of permits issued in past.
(ix) Any additional information that
Manager may require to evaluate the application.
the City
SECTION 3. Fee.
Upon the filing of the application, the Applicant shall
pay the sum of $ 25.00 to the City as a fee to defray the
cost of investigating and evaluating the application and
issuing the permit.
SECTION 4. Minimum Requirements.
Outside sales of Seasonal Items shall not be permitted on
or within the required front yard, driveways, street right-of-
ways, easements, required parking areas, or fire lanes on the
property. Seasonal Items may not be placed inside a structure
so as to obstruct exits or exit ways. The permit shall be
clearly displayed within the sales location at all times.
SECTION 5. Permitted Locations.
A permit shall be issued only with respect to property
permanently zoned for one of the following District uses in
accordance with the Zoning Ordinance of the City, as from time
to time amended:
(b)
(c)
"AG" Agricultural District;
"CS" Community Service District;
"Ri" Retail One District District;
(d) "R2" Retail Two Districts;
(e) "I-l" Industrial One District; and
(f) "1-2" Industrial Two District.
SECTION 6. Term.
A permit shall be granted
ninety (90) days.
for a
period
of not
to exceed
-3-
0190L/25
SECTION 7. Permit Not Transferable.
Any permit issued hereunder
assignable and is deemed ipso facto,
change in ownership or management of
Seasonal Items for sale.
is not transferable or
cancelled and revoked upon
the establishment offering
SECTION 8. Manner of Conductinq Business.
The Applicant shall operate and conduct the business
relating to the sale of Seasonal Items for which a permit is
issued in a manner which is consistent with the protection of
the public health, safety, morals and general welfare and shall
comply with any and all City Ordinances or State laws
pertaining to the public health, safety, morals and general
welfare.
SECTION 9. Restoration
Structures and Debris.
of Location~ Removal of
The Applicant, by acceptance of a permit, agrees to and
shall be responsible for restoring the site to its condition
prior to its use for Seasonal Sales. The Applicant shall
remove all temporary structures, furnishings and debris
associated with the sale of Seasonal Items.
SECTION 10. Denial or Revocation of Permit.
(a) The City Manager may deny or revoke a permit for
any of the following reasons~
(i) A material misstatement or
misrepresentation made by an Applicant for the purpose of
obtaining a permit.
(ii) Sales location is not located within the
permitted zoning Districts pursuant to Section 5 hereof.
(iii) Failure to operate the business for which a
permit is issued in a manner consistent with the
protection of the public health, safety, morals and
general welfare.
(iv) Operation of the business in such a manner
as to create a public nuisance or hazard to the public
health and safety.
(v) Failure to comply with all
and State laws pertaining to the public
morals and general welfare.
City Ordinances
health, safety,
-4-
(vi) Failure of the Applicant to pay the fee
prescribed in Section 3 hereof or to pay fines assessed
pursuant to Section 12 hereof.
SECTION 11. Riqht of Appeal.
An Applicant may appeal any decision of the City Manager
to deny or revoke a permit under this Ordinance to the City
Council by filing a written appeal with the City Manager within
five (5) business days of receipt of notification of the
decision. The decision of the City Council shall be final and
shall not be subject to further rev!ew.
SECTION 12. Violation: Penalty.
Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed five
hundred dollars ($500.00) and a separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 13. Severability.
If any section, article, paragraph, sentence, clause,
phrase or word in this Ordinance, or application thereof to any
person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance; and
the City Council hereby declares it would have passed such
remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 14. Effective Date
This Ordinance shall become effective and be in full
force and effect from and after its passage as required by law.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY
COLONiaL OF ~HE CITY OF SOUTHLAKE, TEXAS ON THIS THE ~ DAY OF
-5-
0190L/]0
PASSED AND APPROVED ON THE SECOND READING BY
COUNCI~L ~DF THE CITY OF SOUTHLAKE, TEXAS ON THIS THE
CITY
DAY
APPROVED AS TO FORM:
-6-
- %CE.E77-.1,/,:q
MAR 2 1988
OFFICE OF
THE STATE OF TEXAS CITY SECRETARY
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Carolyn Spencer Secretary for the Fort Worth
Star-Telegram, published by the Capital Cities Communications, 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:
ORNCEFebruary 26 , 1988 AN ORDINANCEOFO.419
THE CI-I
TYOFSOUTHLAKE TEXAS
R ELATI NG TO TH E SALE OF
am & pm ON PROPERTY NOT ZONED
TO PERMIT SUCH SALES;
PROVIDING DEFINITIONS; j
PROVIDING FOR ISSUANCE 1
OF TEMPORARY PERMITS ,
FOR THE SALE OF SEASON- ;
AL ITEMS;PROVIDING FOR c
AN APPLICATION•PROVID- j
ING FOR PAYMENT OF A I
FEE• ESTABLISHING CER- .
TAIIf MINIMAL REQUIRE- '
Signed GL MENTS• ESTABLISHING
PERMITTED LOCATIONS;
PROVIDING FOR THE NON-
Subscribed and sworn to before me, this the 2 TRANSFERABILITY OF
C PERMIT; PRESCRIBING ary 1988 MANNER OF CONDUCTING - 3
BUSINESS; REQUIRING -
Notary Public TTR ON ANDTIREMOVALOOF
STRUCTURES AND j
DEBRIS; PROVIDING FOR . Texas,
ENIAL OR REVOCATION '
OR PROVIIDING Debra MorA PENALTY APPEAL; F FINE OF ,
LIQTTOEXCEED FIVE HUN- .
Illy COmIIliSFDDRRRD VDOLLARS(SsnNY 10-23-91
SECTION OF THIS ORDI. 1
NANCE AND EACH DAY ON
WHICH A VIOLATION OC-,
CURSSHALL BE DEEMEDA
SEPARATEOFFENSE;PRO-
VIDING A SEVERABILITY •
CLAUSE; PROVIDING AN
PROVIDING FOR DATE; AND
THERE OS RELATING f
Section II.Right of Appeal
An applicant may appeal any ')
decision of the City
eeManager to ✓
this Ordinar nce totheCltyrmit uCounr N
cll by filing a written appeal -
with the City Manager within A
flvel5)business days ofreceipt �-
notification of the decision. T' I
The decision of the City Council N
shall be final and shall not be D
ub ect to further review. R
Ion 12.Violation;Penalty. G
y person violating any of the
provisions of this Ordinance ke
Shall be deemed guilty of amis-nd
demeanor and upon conviction Iry I
thereof shall be tined a sum not
exceed five hundred dollars
.00) and a separate of-,
se shall be deemed commit-I
upon each day during or on
which a violation occurs or con-
tinues.
Section 13.Severablllty.
f any section, article, para-
graph, sentence, clause,
phrase or word in this Ordi-
nance,or application thereof to
any person or circumstance 15
held Invalid or unconstltutiona
by a Court of competent furls
diction such holding shall no
affect the va l ldltyof the remain
Ing portions of this Ordinance.
and the City Council hereby de
Glares It would have passec
such remaining portions of the
Ordlni,ce despite such Invali-
dity,which remaining portions
snail remain inruii rorceanaet-j
fect.
Section 14.Effective Date.
This ordinacne shall become ef-
fective and be In full force and
effect from and after Its pas-
sage as required by law.
PASSED AND APPROVED
ONTHEFIRSTREADINGON
THE 2ND DAY OF FEBRU-
ARY 1988.
PASS`AND APPROVED ON
THE SECOND READING ON
THE 16TH DAY OF FEBRU-
ARY,1988.
is/Johnny H.Westerholm,
Mayor
ATTEST:
/s/Sandra L.Legrand.
tort Worth star=lelegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 FED I . NO. 22-2573893 •
DATE I DESCRIPTION AD SIZE I INCHTOTAL
I RATE I AMOUNT
/LIFEB 26 6091008 Feb . 26 AM & PM CL . 008 1X108L 108 2 . 40 259 . 20
ORDINANCE NO.419 01 AFFIDAVI S �n
AN ORDINANCE OF THE Cl-
TYOFSOUTHLAKE TEXAS shail remain intunrorceanaet-
RE TINGTOTHE SALE OF-` feet.
CER AIN SEASONAL ITEMS Section 14.Effective Date.
ON OPERTY NOT ZONED Thlsordlnacne shall becomeef- 267 . 20
TOPERMIT SUCH SALES; i fective and be In full force and
PROVIDING DEFINITIONS- effect from and after Its pas-
PRO IDING FOR ISSUANCE sage as required by law.
OFTEMPORARY PERMITS PASSED AND APPROVED
FORT HE SALE OF SEASON- ON THE FIRST READINGON
AL ITEMS;PROVIDING FOR THE 2ND DAY OF FEBRU-
AN APPLICATION,.PROVID- ARY 1988.
ING FOR PAYMNT OF A PASS AND APPROVED ON
FEE' ESTABLISHING CER- THE SECOND READING ON
TAIN MINIMAL REQUIRE- THE 16TH DAY OF FEBRU-
MENTS• ESTABLISHING ARY,1988.
PERMITTED LOCATIONS; /s/Johnny H.Westerhalyor
PROVIDING FOR THE NON- ATTEST:
TRANSFERABILITY OF
PERMIT; PRESCRIBING /s/Sandra L.Legrand,
MANNER OF CONDUCTING City Secretary
BUS NESS; REQUIRING APPROVED AS TO FORM:
TIOh ANAD IREMOVALOOAF- /s/JohnCIItBAftoor nJ ey
**4 STRUCTURES ANDS****�K-�F"�F***1****tttt*****
DEBRIS; PROVIDING FOR 1
* DENIAL OR REVOCATION *
OF RERMIT; PROVIDING
* FOR APPEAL; PROVIDING INVOICES IT H *
A P NALTY OF FINE OF-
NOT OEXCEEDFIVEHUN
* DRE DOLLARS (8500.00)STATEMENT
FOR VIOLATION OF ANY ,�( ""
* C SECTION OF THIS ORDI- WITH DIFFE ENCES • * ,.,!'-E `; '1 !I .
WI Alit
AND EACH DAY oft * IraW.S. f p .
* WHICH A LBEDEEM DA CUR SATEOFFDEEMEDA***SEP RATEOFFENSE;PRO **********?k******** 4VIDING A SEVERABILITYCLAUSE• PROVIDING AN l �� j .
EFFECTIVE DATE• AND AR 188
PROVIDING FOR OTHER
MATIfERS RELATING
THERRETO. ^n
Section Ic Right of Appeal OFFICE
'' Oil
Ji .
SAne apqpplicant may appppeeal any 5 Cdecision of the City Manager todenyorrevokeappeermitunderthlsOrdlnancetotheCityCoun- lj+
cll by filinga written appeal
with the City Manager within
five(5)business days of receipt,
of notification of the decision.
The dlslon of the City Council
shall be final and shall not be
subject to further review.
Section 12.Violation;Penalty.
Any person violating any of the
provisions of this Ordinance
shall be deemed gul lty of a m l s-
demeanor and upon conviction
thereof shall be fined a sum not
to exceed five hundred dollars
(S500.00) and a separate of-
fense shall be deemed commit-,,
ted upon each day during or onl
which a violation occursor con- CURRENT STATEMENT PERIOD ACCOUNT NUMBER
tlnues.
Section 13.Severabillty.
ON RECPT If any section, article, para-
graph, sentence, clause, 2/26 - 2/26 (ITS?
phrase or word In this Ordi-
nance,or application thereof to
IF YOU HAVE QUESTION any person or circumstance IsDUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST
held Inva lid or unconstitutional
s by a Court of competent lurls-IUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199.
diction such holdingyshall not
,,� T Ing�porftionsl f this rdinance;•RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----L
and the City Council hereby de-
clares It would have passed
such remaining portions of the
Ordin4ncee despite
such h Invalll-,dIty' ADVERTISING STATEMENT
Fort 9
WorthREMIT TO P U BOX 99074 • FORT WORTH, TEXAS 761
f ACCOUNT C I T 5 7 PAYMENT ON RECPT
r �' NUMBER DUE DATE
PAGE 10F
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 267 . 20
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA L . LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star=lelegram
400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893
DATE DESCRIPTION AD SIZE I TOTAL
INCH/LINE RATE I AMOUNT
FEB 05 6080164 Feb . 5 AM & PM CL . 008 1X60 L 60 2 . 40 144 . 00
1_ 01 AFFIDAVITS 8 . 00
NOTICE OF PUBLIC
NOTICE Is hereby�given to all 15 2 • 0 0
H
I
Interested persons that the City
Texas,willhbeholding atpublic
hearingon February 16,1988,at
7:30 p.m., In the City Council
Chambers of City Hall.
Purooseof thehearing is tocon-
sider the 2nd reading of the fol-
lowin ordinance.
AN ORDINANCE OFOTHE CI-
R FLOATING TOLTHE TEXAS
�
CERTAIN SEASONAL ITEMS
L
TOO PERMIRTTSUCOHT SALES
PROVIDING DEFINITIONS
OFOTEM ORARYIPERM TS
FOR THE SALE OF SEASON•*****
****************)AL1TEMS;PRO NDPROVIOR I
*
* ING FOR PAYMENT OF A
FEE• ESTABLISHING CER-
* RECONCILE ALL MERNTS.NEESTABLIQSHING
* MONTHLY S PROVIDING FOR THEINON- * /
TRANSFERABILITY OF * /
* CALL 390-7501, PERMIT; PRESCRIBING CES
MANNER OF CONDUCTING I *
* BUSINESS; REQUIRING
RESTORATION OF LOCA-i******
****************TION AND REMOVAL OF
STRUCTURES AND
DEBRIS; PROVIDING FOR ' - )111t1
DENIAL OR REVOCATION
OF PERMIT; PROVIDING f p
FOR APPEAL; PROVIDING „}r`�i'1 ,t
A PENALTY 6F FINE NOT 7 1 4?f 3ui .
TO EXCEED TWO HUN- Clri L ;Ftt ,- 't i.
DR FOR AA OLA O($F00.00) � ' 1, t
VIOLATION OF ANYI- Y
SECTION OF THIS OR DI- + - Yt `i
NANCE AND EACH DAY ON
WHICH A VIOLATION OC- „I A----`
CURSSHALLBE DEEMED A
SE PAR ATEOFFENSE;PRO- '1 1 17 -
VIDING A SEVERABILITY ti.
CLAUSE,- PROVIDING AN 1,i L8.0
EFFECIVE DATE; AND ��'' '
PROVIDING FOR OTHER }1 '�,.•••• t:Bci lacy6
MATTERS RELATING i City "' l
THERETO. pfiite i
lake
/s/Sandra L.geGrand V
City Secretary
CURRENT CURRENT STATEMENT PERIOD 1 ACCOUNT NUMBER
ON RECPT 2/05 - 2/05 CIT57
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST
US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199.
A.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT fit,
ADVERTISING STATEMENT
FortWorth REMIT TO P O BOX 99074 • FORT WORTH, TEXAS 7619ACCOUNT CIT57 PAYMENT ON RECPT
NUMBER DUE DATE
' PAGE 1OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 152 • 00
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : 7ANPPA I . LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED