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.
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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).
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(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
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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.
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(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).
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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.
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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.
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day of
I tJ-
day of
ATTEST:
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City Secretary
CITY OF COLLEYVILLE
74! M-
Richard Newton
Mayor
R-P-Alj ~RM AND LEGAUTY:
Ross T. Fost~
City Attorney
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