The purpose of this division is to promote the health, safety and welfare of the City of Frisco citizens and visitors and promote neighborhood integrity by addressing issues that occur when private property is used for the parking of motor vehicles by persons attending special events. The establishment of a limited access zone and appropriate signs and barricades on public right-of-way during special events is intended to reduce neighborhood impact, improve traffic conditions, and increase the ability of residents to obtain neighborhood access and adequate parking. The establishment of accessory special event parking permits for special event parking addresses the integrity of private property use for parking in areas that were not originally designed or intended for special event parking and the improper use of private property for parking, traffic problems created by cash handling at the parking lot, and litter problems created by a lot operator's failure to properly administer the lot and adjacent area after the special event. These provisions are intended to promote the safety of area visitors, residents and businesses, and provide a systematic approach to parking and traffic management for special events.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
For the purposes of this division, the following definitions apply:
Accessory special event parking
means the provision of special event parking for the public for a fee in a parking area that normally provides required or excess parking for the occupants, clients, customers, or employees of a particular nonresidential establishment.
Accessory special event parking area
means the area to be used for accessory special event parking as shown on the parking plan submitted by an applicant and approved by the administrator.
Accessory special event parking permit
means the completed document provided by the administrator or designee after the requirements of this division are accomplished.
Administrator
means the person or persons designated by the city manager to administer this division.
Applicant.
A person desiring to operate accessory special event parking for a special event shall file an application to the administrator for an accessory special event parking permit.
Community sponsored event.
Special events that are primarily sponsored by the City of Frisco and intended for the benefit of the citizens of the City of Frisco. Community sponsored events shall include, but are not limited to, a July 4th annual event and a Christmas annual event.
Limited access zone number one.
The area of land located within and bounded by Burlington Northern-Santa Fe Railroad, Legacy Drive, Eldorado Parkway, and Stonebrook Parkway, which is more particularly depicted in Figure 1, attached to Ordinance No. 11-05-14, on file and available for inspection in the city secretary's office.
Limited access zone number two.
The area of land located within and bounded by Parkwood Boulevard, the northbound access road to Dallas North Tollway, Gaylord Parkway, and the westbound access road to State Highway 12, which is more particularly depicted in Figure 2, attached to Ordinance No. 11-05-14, on file and available for inspection in the city secretary's office.
Limited access zones
shall mean both limited access zone number one and limited access zone number two.
Nonresident establishment
means a premises operating a use other than a single-family, townhouse, duplex or multifamily use.
Person
means an individual, proprietorship, partnership, firm, corporation, association or other legal entity.
Property
means property assessed as one unit in the Collin or Denton Appraisal District upon which any part of the accessory special event parking will occur, or upon which a sign has been posted during a special event indicating that parking is available for a fee.
Public right-of-way
means the definition set forth in chapter 78 of the Frisco Code of Ordinances.
Recreational vehicle (RV)
means a vehicle designed for recreational use, casual travel or camping that includes a portable dwelling or a specially equipped trailer.
Scheduled start time of the special event
means the time advertised for the special event to begin as set by its organizers. This definition includes the time listed on admission tickets and other promotional material for the special event.
Single-family, townhouse, duplex or multifamily use
means the definition set forth in the Zoning Code of Ordinances of the City of Frisco.
Special event
means the definition set forth in the special events chapter of the Code of the City of Frisco.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
The special event parking regulations found in this division shall only apply to property within the limited access zones.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
(a) 
No person shall accept any form of consideration from another person in exchange for allowing that person to park a vehicle on a parcel of land unless:
(1) 
An accessory special event parking permit has been issued by the administrator for that parcel of land where the vehicle is to be parked; or
(2) 
A certificate of occupancy has been issued by the city expressly allowing commercial parking or an overnight parking facility on that parcel of land where the vehicle is to be parked and:
a. 
The vehicle is parked only on a paved parking surface with marked parking spaces; and
b. 
One vehicle is parked per marked parking space.
(b) 
Notwithstanding anything to the contrary, if a vehicle is to be parked in more than one parking space, is parked outside of marked spaces, or spaces are used for tailgating, parking of recreational vehicles, or camping activities, a special event parking permit is required. Also, if a vehicle will be parked on a portion of a parcel of land that is unpaved, a special event parking permit shall always be required.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
(a) 
Filing deadline.
All applicants for an accessory special event parking permit shall submit an application to the administrator at least seven business days before the day the special event is to be held.
(b) 
Contents; generally.
A complete application for a special event parking permit must be on a form issued by the City of Frisco and shall contain the following information:
(1) 
The applicant's name, address, phone number, email address and valid sales tax identification number, or if exempt from paying sales tax the applicant's exemption information and income tax identification number;
(2) 
A description of the main use on the property;
(3) 
The name of the property owner, address, phone number and email address;
(4) 
Applicant's documentation for permission to use the property for accessory special event parking (if application is not the property owner);
(5) 
Proof of general liability insurance, including independent contractor's liability, completed operations and contractual liability fully insuring applicant's liability for injury to or death of third parties, extended to including personal injury liability coverage and for damage to property of third parties, with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate. Each policy will require that 30 calendar days prior to the expiration, cancellation, nonrenewal or any material change in coverage, a notice thereof shall be given to the city, and will require that if the policy is cancelled for nonpayment of premium, ten calendar days advance written notice shall be given to city;
(6) 
A parking site plan indicating the address and name of the main use on the property, as shown on the signage for the main use; for unimproved lot surfaces the parking plan shall indicate the parcel number;
(7) 
The parking site plan shall also include the boundaries of the parking area, ingress and egress locations, the parking layout (no stacking is permitted, parking must be in existing striped parking spaces for improved lots), and the cash handling area on the property;
(8) 
The name, address, phone number and email address of the person responsible for the operation of the special event parking area, if not the property owner or the applicant (the property owner's identity, or the responsible person's identity if different than the property owner, must be proven by showing a valid Texas Driver's License, military identification card, passport, or personal identification card issued by the Texas Department of Public Safety);
(9) 
The existence of any shared parking arrangement or parking agreement with any other property owner;
(10) 
Whether tailgating and/or overnight camping will be permitted; and
(11) 
Any other information that the administrator determines necessary for the administration of this division.
(c) 
Expiration.
The special event parking permit expires 24 hours after the scheduled end of the special event.
(d) 
Scope of accessory special event parking permits.
The accessory special event parking permit does not authorize the use of the lots for commercial parking for other than special events.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
(a) 
Approval.
The administrator may issue a special event parking permit if:
(1) 
A complete application for a special event parking permit is submitted to the administrator.
(2) 
The proposed special event parking and application complies with and/or addresses all applicable regulations set forth in this division.
(3) 
The main use on the parcel of land where the special event parking will occur is a nonresidential use.
(4) 
In addition to the regulations set forth in this division, the Frisco Square public parking facilities identified in Figure 3, attached to Ordinance No. 11-05-14, on file and available for inspection in the city secretary's office, shall also be regulated by written agreement by and between the property owner and the city. The administrator shall review the status and terms of the agreement and make a determination as to whether an accessory special event parking permit allowing for a fee for parking on these facilities is permitted.
(b) 
Denial.
(1) 
The administrator shall deny a special event parking permit if the application fails to meet the requirements as described in section 90-160(a).
(2) 
Any applicant who is denied an special event parking permit (an "appellant") may, within five business days of the service of notice of such determination, file a written appeal from such determination with the administrator.
(3) 
The administrator shall have ten business days from the date on which the appeal was received in which to provide appellant a notice that the decision was affirmed, modified or reversed.
(4) 
The notice to appellant shall be deemed served upon the appellant when it is personally delivered or when it is sent by United States Mail, with proper postage prepaid, to the name and address set forth on the application for permit.
(5) 
Any appeals filed pursuant to this division shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the city, and any other papers material to the determination.
(6) 
The determination of the administrator shall be final.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
(a) 
Mandatory on-site signage.
On the day of the special event, a temporary sign must be displayed in the accessory special event parking area near each entrance to the parking area in the location(s) shown on the parking site plan. No sign permit is required for the placement of these temporary signs.
(1) 
All signs shall be at least 18 inches high and 24 inches wide (but no larger than 24 inches high by 36 inches wide) with a maximum height from grade to the top of the sign of four feet;
(2) 
All signs shall include a parking symbol at least ten inches in height designated by the city;
(3) 
All signs shall include the following wording with the blanks filled in appropriately: "Special Event Parking Lot, Permit # _____, Parking Fee $ _____, Operator Phone No. __________. Operator may not charge MORE than listed on this sign";
(4) 
The parking fee listed on each sign shall be provided in a font that is at least six inches in height;
(5) 
All signs will follow guidelines for placement of lettering and symbols as outlined in Figure 4, Required Parking Sign Layout, which is attached to Ordinance No. 11-05-14, on file and available for inspection in the city secretary's office;
(6) 
No words, symbols, illustrations, photos, or other similar graphics are permitted on a sign unless expressly allowed and required under this section;
(7) 
Signs must be of a durable material, such as plastic, metal, wood, or like material, and must be professionally fabricated and maintained in good repair;
(8) 
The parking symbol, the wording, and the fee must be visible from the adjacent street;
(9) 
The parking fee must remain the same throughout the day of the special event unless decreased, and the amount charged for parking must not exceed the amount stated on the sign; and
(10) 
The sign must be visible on the special event parking area from the time cars are admitted for special event parking until the property has been cleaned of litter at the end of the special event.
(b) 
Off-site signage.
All directional signage displayed off-site shall be identified on the parking site plan. No off-site directional signage shall be placed in city right-of-way. All directional signage displayed off-site shall contain the valid sign permit number attached to the sign.
(c) 
Message boards, etc.
No message boards or flashing directional signs shall be allowed.
(d) 
No city obligation to direct motorists to lots.
The city has no obligation to direct motorist to any or all lots, nor any obligation to ensure that competing lots are achieving equal business.
(e) 
Directing traffic.
The city has the right to direct traffic on streets around any lots to address congestion issues, which may include temporarily preventing traffic from entering a parking lot for some amount of time. The city has no obligation to reimburse a person operating an accessory special event parking lot for any actual or perceived loss of revenue as a result of this traffic direction.
(f) 
Parking lot full.
When the parking lot is full, a sign must be displayed with wording visible from the adjacent street (both directions of travel) that the parking lot is full.
(g) 
Required materials on-site in accessory special event parking area.
The accessory special event parking permit and parking plan must be available for immediate on-site inspection by city staff or public safety officers.
(h) 
Requirements for improved parking lots.
(1) 
Be paved, striped and lit in compliance with standards prescribed in city ordinances for parking areas if the lot has received a certificate of occupancy.
(2) 
Vehicles must be parked on approved surfaces only and in compliance with the parking site plan.
(3) 
Expansion of existing parking area without accompanying expansion of primary business is not permissible.
(i) 
Requirements for unimproved parking lots.
(1) 
Recreational vehicles (RV's) shall not be allowed to park on any unimproved lot surface where the permitted parking lot area does not have a permanent curb-cut entry in order for the recreational vehicle (RV) to access the unimproved lot surface. The administrator must approve all lots allowing the parking of RV's.
(2) 
All hazards must be clearly marked and protected.
(3) 
Vegetation must be mowed prior to special event to be no higher than four inches.
(4) 
Lot must be marked to show drive aisles. Individual stalls do not need to be marked.
(5) 
No parking will be allowed in the drive aisles.
(6) 
Drive aisles will be a minimum of 20 feet in width and shall maintain overhead clearance of 14 feet vertically above all parts of the aisle.
(7) 
Operator must have arrangements made to have vehicles removed from lot should rain or inclement weather dictate. Parked vehicles shall not be charged in addition to their parking fee to be towed from the lot to the public right-of-way.
(8) 
Minor deviations from city standards from lighting are permitted in a parking site plan, such as the use of rented lighting, or the presence of additional lot attendants in lieu of required lighting, if the administrator determines that the plan provides adequate lighting and security for the lot.
(j) 
Requirements for staffing an accessory special event parking area.
(1) 
The accessory special event parking area must be staffed by at least two attendants who must be present on the accessory special event parking area from the time the operator starts accepting cash payment on the lot for parking until the lot is full or the start of the special event, whichever occurs first.
(2) 
A minimum of one attendant must remain on the lot until one hour after the end of the special event. The number of attendants may be varied, and in some cases, adjacent accessory special events parking areas may share attendants as shown in the parking site plan, if the administrator determines that the plan provides adequate staff for guiding vehicles in and out of the lot, and monitoring the accessory special event parking area(s).
(3) 
The attendants must be easily identifiable by uniform clothing indicating they are employed to provide accessory special event parking.
(4) 
Workers cannot stand in any street to flag motorists towards or into their lot. Employees cannot direct traffic or appear to direct traffic on any street. Employees flagging cars cannot be further than 100 feet from the boundaries of their lot.
(5) 
Employees shall not place traffic control devices in a public right-of-way.
(k) 
Requirements for trash removal of an accessory special event parking area.
(1) 
The accessory special event permit holder must provide cleanup service on the accessory special event parking area and adjacent parkways to remove solid waste, litter, garbage, junk, refuse or other debris found throughout the accessory special event parking area.
(2) 
All solid waste shall be stored in suitable containers with tight-fitting lids; such containers shall be conveniently located throughout the area, and the requirements for trash containment shall be determined by the city's environmental services division.
(3) 
All solid waste containers shall be monitored and shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the accessory special event parking area and be disposed of in a facility which has been approved by the city's environmental services division.
(4) 
Persons operating an accessory special event parking area shall make provisions to have all required trash containment on-site prior to the persons allowing vehicles to be parked in the lot.
(5) 
All solid waste, litter, garbage, junk, refuse or other debris shall be removed by the accessory special event parking permit holder within 24 hours of the end of the special event.
(6) 
All barricades placed in an accessory special event parking area shall be removed by the accessory special event parking permit holder within 24 hours of the end of the special event.
(l) 
Requirements for lot security of an accessory special event parking area.
(1) 
Requirements for on-site lot security will be determined by the city's police department, who shall consider the time of the event, the duration of the event, the location of the special event parking area compared to the location where the special event will be held, and any other considerations that may affect the safety of vehicles and persons using the special event parking area.
(2) 
Persons operating an accessory special event parking area shall make provisions to have the required security on-site prior to the persons allowing vehicles to be parked in the lot.
(3) 
The city police department and/or fire code official may shut down an accessory special event parking area if they deem that there is a hazard. There is no appeal process if the city determines that public safety has been identified to be at risk.
(m) 
Requirements of entrance to private property from city right-of-way.
(1) 
Entrances to accessory special event parking areas shall be consistent with the parking site plan and located at least 20 feet from street intersections.
(2) 
Entrances to accessory special event parking areas shall be clearly marked.
(3) 
Additional "Enter Here" signs may be placed at approved entrances in the parking site plan in addition to the required parking sign. However, there shall be no more than two additional signs along with the required parking sign.
(4) 
Each accessory special event parking area shall have some type of delineation at the public right-of-way line to keep vehicles from entering the property over a city curb wherever desired (i.e., poles driven into the ground with string and flags attached to the poles is acceptable in order to prevent a trip hazard for pedestrians).
(5) 
For special event parking areas serving vehicles other than recreational vehicles, all material used to allow entrance over a city curb shall be comprised of a bagged temporary asphalt and shall be approved by an employee of the city public works department. Curb cuts are required if the special event parking area provides parking for recreational vehicles.
(6) 
All material used to allow entrance over a city curb shall be removed by the accessory special event parking permit holder within 24 hours of the end of the special event.
(n) 
Requirements for lots allowing tailgating or camping.
(1) 
If tailgating and/or overnight camping is allowed in the accessory special event parking area, the person operating the lot may charge an additional fee equivalent to the original parking fee as an additional parking space is required.
(2) 
If overnight camping is allowed in the accessory special event parking area, sufficient bathroom facilities shall be supplied. Portable type toilets, if provided, shall have waste therefrom collected at intervals of sufficient frequency to preclude overflow, and the wastes therefrom shall be disposed of in a manner that does not create a health hazard or nuisance.
(3) 
All food and beverages sold shall be obtained from approved sources, sources shall be deemed approved if they have been approved and permitted for food sales or manufacture by the city's health official.
(4) 
The application for an accessory special event parking permit shall state if tailgating and/or overnight camping will be allowed that all solid waste shall be stored in suitable containers with tight-fitting lids; such containers shall be conveniently located throughout the area, and the requirements for trash containment shall be determined by the city's environmental services division.
(o) 
Special conditions on accessory special event parking permit.
The accessory special event parking area must be operated in compliance with any special conditions set forth on the accessory special event parking permit.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
The administrator may revoke a special event parking permit issued under this division for violation of any provision of this division; for violating any federal, state or local laws or ordinances during the special event; for making any material false representation in an application for an special event parking permit; upon notice of required insurance policy cancellations or failure to renew coverage; or if the administrator determines that the special event parking at that location adversely affects traffic management or public safety. In the event of revocation, the procedures for appeal shall be the same as for a denial of the special event permit, as set forth in this division, commencing with the date the revocation notice is provided to the applicant.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
(a) 
A person commits an offense if that person or their agent:
(1) 
Submits false documents, or otherwise makes a false statement of a material fact on an application for any permit submitted under this division;
(2) 
Provides special event parking for any vehicle during a special event in violation of this division; each vehicle charged a fee for parking on a parking area during a special event in violation of this division constitutes a separate offense;
(3) 
Violates any other provision of this division.
(b) 
In the prosecution of an offense under this division, it is presumed that:
(1) 
The applicant for the accessory special event parking permit and the person named in the application as responsible for the operation of the accessory special event parking area, are responsible for parking violations under this division and for compliance with this division in the operation of the accessory special event parking area;
(2) 
The owner of the property is responsible for parking violations under this division; and
(3) 
All vehicles parked on property during a special event have been charged a fee for parking if, during a special event: (a) a sign is present on the property indicating that parking is available for a fee; or (b) in the absence of such sign on the property, if there is signage in the vicinity of the property indicating that parking is available for a fee and individuals are directing cars onto the property to park.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)
An offense under any provision of this division is a misdemeanor punishable by a fine not to exceed $500.00. Each day that a violation is permitted to exist shall constitute a separate offense. Each vehicle parked on a property without a valid accessory special event parking permit shall constitute a separate offense.
(Ordinance 11-05-14, sec. 2, ex. A, adopted 5/17/11)