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HomeMy WebLinkAboutOrdinances (O-93-931)-02/01/1993 ORDINANCE 0-93-931 AN ORDINANCE AMENDING CHAPTER 4, SECTION 4 OF THE CITY CODE, ORDINANCE 0-73-122, REGULATING TEMPORARY BUSINESSES, ROADSIDE SALES, FOOD AND MERCHANDISE VENDORS, SEASONAL AND SPECIAL SALES, THE USE OF TENTS AND OTHER TEMPORARY STRUCTURES, AND THE OUTDOOR DISPLAY AND SALES IN COMMERCIAL AND NON-COMMERCIAL DISTRICTS OF FRUITS, VEGETABLES, AGRICULTURAL PRODUCTS, AND REGULATING THE DISPLAY AND SALES OF NON-FOOD PRODUCTS IN RESIDENTIALLY ZONED DISTRICTS. WHEREAS, the City Council of the City of Colleyville finds that it is in the interest of the City to protect the public health and safety and to promote fair and open competition between temporary businesses and the local business community; and WHEREAS, the City Council of the City of Colleyville finds that it is necessary to regulate temporary businesses, road side sales, Christmas tree and seasonal sales, and the display and sale of food products and other merchandise in commercial and residential zoned districts; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS AS FOLLOWS: Sec. 1: Sec 2: Sec.3: Sec.4: THAT Section 22.2, item 10 of the Zoning Ordinance, SCHEDULE OF PERMITTED PRINCIPAL USES, Roadside Fruit. Veaetable. and Produce Stands, be amended by inserting under all zoning districts except for CN and CC, the footnote "h". THAT Section 22.11 of the Zoning Ordinance, QUALIFICATION NOTES, be amended by adding item h. to read as follows: "h. An SUP required in every zoning district except CN and CC, for sales activity over 9 months per year." THAT Chapter 4, Section 4, of the Colleyville Code, ITINERANT MERCHANTS OR VENDORS, be amended by deleting subsection ~ INVESTIGATION AND ISSUANCE and marking subsection E. as "Reserved". THAT Chapter 4, Section 4, of the Colleyville Code, ITINERANT MERCHANTS OR VENDORS, be amended by designating subsection H. OFFENSES as subsection N. OFFENSES. 1 T .1 Sec.5: THAT Chapter 4, Section 4, of the Colleyville Code, ITINERANT MERCHANTS AND VENDORS, be amended by adding new subsections H. through M. to read as follows: H. TEMPORARY OUTDOOR SALES ON PROPERTY ZONED FOR COMMERCIAL PURPOSES The temporary outdoor display and sales of food products, manufactured items, or other goods, services, or merchandise, on property zoned for commercial purposes, may be conducted under the following restrictions: (1) Except as permitted in Subsection I, below, temporary merchants utilizing the outdoor display of products, or other items for sale, shall provide customer parking upon paved parking surfaces only. The parking surface shall be concrete, HMAC, brick, or paving stone, approved by the City Building Official. (2) A temporary business permit shall be obtained for any seasonal, special, or outdoor display and sale of food products or other merchandise, provided that a signed letter of permission from the property owner for use of their parking area for such outdoor display is submitted to the Building Official. (3) The fee for a temporary business permit obtained from the Building Inspection Department shall be $50 per month for every month or fraction thereof in which outdoor display and sales are to be conducted, for a maximum of three (3) months annually. (4) A State Sales Tax Certificate designating "Colleyville" as the place of business, shall be submitted prior to the issuance of any temporary permit. (5) Signage for a temporary business under this provision, shall be limited to one sign with a maximum gross surface area of 32 square feet, setback from the front property line a minimum of 8 feet. A seasonal/special sale sign permit shall be obtained under the terms of the Sign Code (Ordinance 0- 91-812). 2 T (6) The following type signs shall not be allowed for a temporary business: Balloons, flags, pennants, and other floating devices; portable signs mounted on skids, a trailer, or similar mobile structure; A-frame signs; or any sign not allowed by the Sign Code (Ordinance 0-91-812). (7) It shall be the property owner's responsibility to have all trash, refuse, rubbish, and remnants of any outdoor sale removed and disposed of in a sanitary manner, within ten (10) days following the final day of the sale. I. SEASONAL/HOLIDAY PRODUCT SALES IN COMMERCIAL AREAS (1) The temporary outdoor sale of Christmas trees, Halloween pumpkin sales, and firewood sales, shall be permitted only on commercially zoned properties. The sale of (a) Christmas trees shall not begin prior to November 15 and shall cease on December 25 annually. (b) pumpkins as a primary use on a commercial property may begin as early as harvest permits and shall cease on October 31 annually. (c) firewood as a primary use on a commercial property shall not begin prior to September 1 and shall cease on April 1 annually. (2) A letter from the owner of the property authorizing the use of the property for holiday or seasonal sales, shall be submitted to the Building Official prior to the issuance of a Temporary Business Permit. (3) An electrical permit shall be required for any electrical work performed and shall comply with the Electrical Code. (4) A plumbing permit shall be required for any plumbing work performed and shall comply with the Plumbing Code. (5) A sign permit shall be required for each sign installed and all signs shall comply with the Sign Code. (6) Off street parking shall be provided and may be permitted on an unpaved surface. However, all drive approaches shall be 3 indicated. Fire lanes or emergency access lanes shall not be blocked or obstructed at any time. (7) All unsold products, stands, tents, equipment, trash, signs, lighting, shelters, or remnants associated with the sale of holiday or seasonal items shall be removed by the permit holder or the property owner, within ten (10) days after completion of the sale. J. TENTS AND TEMPORARY STRUCTURES The erection of a tent or other temporary structure as a shelter for the outdoor display and sales of food products, manufactured goods, and all other merchandise including holiday or seasonal sales, shall meet the following requirements: (1) No tent or other temporary structure shall be erected within twenty (20) feet of any property line, building, or other tent. (2) No tent or other temporary structure shall be erected in any fire lane, dedicated access road, right-of-way, or dedicated easement. (3) All tents and their appurtenances shall be securely roped, braced, and anchored to withstand the elements of weather against collapse. (4) All sections or parts of all tents shall be of flame retardant material. This shall include all floor coverings, bunting, decorations, side wall coverings, and other effects. (5) Smoking shall not be permitted, and "NO SMOKING" signs shall be posted at all entrance doors, and where deemed necessary by the Fire Marshal. (6) No fireworks, open flame, or any device emitting flame or fire or creating a glow shall be permitted or used. (7) Balloons or other similar devices that are filled with toxic, explosive, or flammable gases shall not be permitted in or adjacent to any tent or other temporary structure. (8) All exits shall be in accordance with Section 32.111 of the 1988 Uniform Fire Code. 4 (9) All exit signs shall be in accordance with Section 32.114 of the 1988 Uniform Fire Code. (10) Exit illumination shall be in accordance with Section 32.113 of the 1988 Uniform Fire Code. (11) All weeds, grass, vegetation, or other flammable materials shall be removed and not located within thirty (30) feet of any tent, temporary structure, or their appurtenances. (12) Fire extinguishers shall be installed in accordance with Section 32.109 of the 1988 Uniform Fire Code. K. OUTDOOR DISPLAY AND SALES IN RESIDENTIAL DISTRICTS The display and sale to the general public of fruits, vegetables, and other home grown produce from private residences in non- commercial zoned districts, may be conducted during the normal growing and harvesting season under the following restrictions: (1) A temporary sign advertising the products sold may be erected on the premises, in accordance with the Sign Code, (Ordinance # 0-91-812). (2) Home grown or produced food products may consist of, but are not limited to, peaches, pears, apples, nuts, berries, eggs, tomatoes, beans, peas, grapes, or products processed on the premises from food items such as jams, jellies, preserves, candies, pies, juices, or any other edible food product. (3) Where fruits, vegetables, and other food items are to be displayed and sold for more than nine (9) months per year, a Special Use Permit shall be required in every zoning district except for CN or CC districts. L. DISPLAY AND SALE OF AGRICULTURAL PRODUCTS The display and sales of agricultural products, other than edible food stuffs for human consumption, such as hay or other animal feed, or firewood, shall be conducted in AG, CC, or CN zoned districts only. A sign permit shall be obtained prior to the erection of any sign, under the provisions of the Sign Code (Ordinance 0-91-812). 5 M. DISPLAY AND SALES OF OTHER NON-FOOD ITEMS IN RESIDENTIAL ZONES Occasional sales, whether classified as "garage sales", "yard sales", or any other display for sale of any other item not classified herein in a non commercial zoned district, such as personal items; trucks, automobiles, or tractors registered to a person residing on the premises; used household items or furniture; or any other item not grown, harvested, manufactured, processed, created, gathered, or otherwise produced on the premises, shall be permitted for not more than ten days per year per premises. No signs shall be erected on property other than the location where the products are sold or services are conducted. AND IT IS SO ORDERED reading and public hearing being conducted on the ,1994. 4~ day of Tt'\e second reading and public hearing being conducted on the ....J ~ h LA. a (" '( I 1994. The third reading and public hearing being conducted on the 1=lbru.C4.("'f ,1994. /81. day of I tJ- day of ATTEST: ~,~~. City Secretary CITY OF COLLEYVILLE 74! M- Richard Newton Mayor R-P-Alj ~RM AND LEGAUTY: Ross T. Fost~ City Attorney 6 . ,