0161-019NO. 161 -19
AN ORDINANCE AMENDING ORDINANCE NO. 161
OF THE CITY OF SOUTHLAKF BY ADDING
DEFINITION OF "CEMETERY" TO SECTION II.
DEFINITIONS AND ADDING NEW ZONING
CLASSIFICATION SECTION V. 13. "CY" CEMETERIES
WHEREAS, after receipt of request for change of zoning
ordinance from Planning and Zoning Commission having been
received, due notice of public hearing published, and public
hearing having been conducted, all in compliance with Ordinance
161 of the City of Southlake, Texas, and the applicable laws of
the State of Texas,
NOW THEREFORE:
Be it Ordained by the City Council of the City of Southlake,
Texas:
SECTION A. The certain Ordinance No. 161 passed by the City
Council of the City of Southlake, Texas, January 7, 1969, is hereby
amended in so far as Section II. Definitions is concerned by adding:
"CEMETERY--A place used for the interment of the human dead. It may
be either a burial park, for earth interments; a mausoleum for vault
or crypt interments, a crematory, or crematory and columbarium for
cinerary interments, or a combination of one or more thereof.rr
SECTION B. The certain Ordinance No. 161 of the City of Southlake,
Texas heretofore described is hereby amended by adding paragraph 13
to Section V. thereof as follows:
"13. "CY" CEMETERIES DISTRICT.
PURPOSE--the purpose of this district is to establish a
zoning district for and regulate cemeteries, as that term is defined
in this ordinance under Section II., giving due regard to promoting
the health, safety, morals and/or general welfare of the inhabitants
of the city.
USE REGULATIONS--No land, buildings or structures shall be used
for cemetery purposes until after full compliance with the
provisions of the "CY" Cemeteries District regulations.
APPLICATION--An application for a cemetery use must be made to
the Planning and Zoning Commission in writing and shall include:
A. Name and address of applicant.
B. Location and legal description of proposed cemetery land.
C. Complete plan in conformity with the requirements of
Development Plan hereinafter provided.
D. Preliminary specifications of all buildings, improvements,
utility installations and other facilities to be constructed on or
under the land proposed for zoning change.
E. Such further reasonable information as may be required
by the Planning and Zoning Commission.
DEVELOPMENT PLAN--The cemetery shall conform to the following
minimum requirements:
A. Located on a well drained site, properly graded to insure
rapid drainage and freedom from stagnant pools of water.
B. All walkways and driveways within a cemetery shall be
all-weather hard-surfaced.
C. When a public or community sewer system is available,
sewer connections shall be installed as required by the local
plumbing code.
If the cemetery is not to be served immediately by a sewage
collection system connected to a community treatment plant or to
a public sewerage facility, the occupancy of any building, residence
or other structure shall be restricted until a septic tank and
subsurface drainage field designed and constructed in accordance
with methods and standards approved by the State Department of
Health and the local plumbing code has been installed, inspected
and approved by the City.
If the permitted use is not to be served immediately by a
water utility, occupancy shall be prohibited until water satisfactory
for human consumption is available from a source on the land, or
a public utility source, in adequate and sufficient supply for human
use and operation of a septic tank and system. Individual water
supplies must be in conformity to the local plumbing code.
D. All cemeteries must qualify and be maintained as a
perpetual care cemetery as provided in 912a, Revised Civil Statutes
of Texas, 1925 as amended and any other applicable State laws.
E. Comply with all building codes, including but not limited
to plumbing, electrical, streets, and general codes, of the City of
Southlake, Texas, or other applicable governmental authority.
F. All use of the surface land or underground, or buildings
or structures of any type shall comply with all applicable City,
County, State, Federal or other applicable governmental agency
requirements as to health, sanitation, ventilation and pollution and
associated matters.
LOCATION--Any cemetery, or any portion of land zoned for the use
thereof, shall comply with the following minimum requirements as
to location:
A. Conform to distance requirements of 912a-24, Revised
Civil Statutes of Texas as amended and such minimum distances shall
be measured from the nearest city limit point of any city or cities
(other than the City of Southlake, Texas) to the boundary of the
said cemetery land nearest to the city limit of the other city by
direct line measurement.
B. Located outside of any land zoned "AG" Agricultural or
"A-1 " One Family.
C. Located not less than 500 feet from any residence or
structure used for living purposes or any well, creek, lake, tank,
reservoir or pond or other such water source or place of storage,
passage, or drainage.
PARKING--All parking shall be off street parking with hard surface
all-weather parking surfaces located in the rear or side yard next
to buildings. There shall be one (1) parking space for each four
(4) seats in any assembly portion of any building or structure.
SCREENING AND FENCING:
A. All land actually used for buildings and/or burial spaces
shall be completely enclosed in a fence with gates capable of being
locked to prevent tresspassers from entering said premises.
B. Any additional fencing, screening, walls, landscapping, or
ornamental planting shall be installed if deemed necessary by the
City Council in relation to the property itself or in relation to
any adjoining property.
SECTION C--The said Ordinance No. 161, except as amended by this
Ordinance 161-19, and all prior amendments, remains in effect
in all other respects as originally passed.
This Ordinance shall take effect after its passage, and
is so passed this day of 1970,
M#Yor
N
ATTEST :
City Secretary
APPROVED AS TQ FORM'
City Attorney