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0334- A ORDINANCE NO. CITY OF SOUTHLAKE, TEXAS AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING ORDINANCE NO. 334, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 19, 1986 BY AMENDING SECTION 3.2(34) RELATING TO THE DEFINITION OF FLOOR AREA; BY AMENDING SECTION 3.2(44) RELATING TO THE DEFINITION OF KENNEL; REPEALING SECTIONS 5.4 THROUGH 5.5-3, INCLUSIVE, RELATING TO SF-2 SINGLE FAMILY DISTRICTS AND SF-3 SINGLE FAMILY DISTRICTS; AMENDING SECTION 5.10 RELATING TO PERMITTED PRINCIPAL USES IN A RETAIL-1 DISTRICT BY THE ADDITION OF A NEW SECTION 5.10-4; AMENDING SECTION 5.11 RELATING TO PERMITTED PRINCIPAL USES IN A RETAIL-2 DISTRICT BY THE ADDITION OF A NEW SECTION 5.11-2; AMENDING SECTION 5.12 RELATING TO PERMITTED PRINCIPAL USES IN AN INDUSTRIAL-1 DISTRICT BY THE ADDITION OF A NEW SECTION 5.12-7; AMENDING SECTION 5.13 RELATING TO PERMITTED PRINCIPAL USES IN INDUSTRIAL-2 DISTRICT BY THE ADDITION OF A NEW SECTION 5.13-7; AMENDING SECTION 6.1, RELATING TO MINIMUM AREA SQUARE FOOTAGE FOR HOMES IN THE SF-1 SINGLE FAMILY DISTRICTS AND MINIMUM BUILDING SIZE REQUIREMENTS IN THE RETAIL-1 DISTRICTS; AMENDING SECTION 9.3(a) RELATING TO OFF-STREET PARKING SPACE SIZE; AMENDING SECTION A1.2 RELATING TO BUFFER YARDS; AMENDING SECTION 18 RELATING TO PENALTIES; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE CHANGES IN THE AMENDMENTS HEREIN MADE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, upon the recommendation of the Planning and Zoning Commission, desires to amend the Comprehensive Zoning Ordinance of the City, Ordinance No. 334, passed and approved by the City Council on August 19, 1986; and WHEREAS, the Planning and Zoning Commission and the City Council, in compliance with the laws of the State of Texas, and' with the provisions of the Comprehensive Zoning Ordinance of the City, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and - 1 - 0 2 3 7X fair hearing to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, after public notices were given and public hearings conducted in compliance with State law, the Planning and Zoning Commission recommended certain amendments, additions, changes and deletions to various sections of Ordinance No. 334; and WHEREAS, after due deliberation and consideration of the recommendations of the Planning and Zoning Commission and all of the information submitted during the public hearings, the City Council has concluded that it is in the public's best interest and in support of the health, safety, morals and general welfare of the City that Ordinance No. 334 be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Ordinance No. 334, the Zoning Ordinance of the City of Southlake, Texas, as amended, passed and approved by the City Council on August 19, 1986, is hereby amended in the following particulars and that all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Ordinance No. 334 are not amended, but shall remain intact and are hereby ratified, verified and affirmed: A. Section 3.2(34) relating to the definition of Floor Area is hereby amended to read as follows: 1134. Floor Area - The total (net) usable square feet of floor space within the interior walls of a building or room, including each floor level, but excluding cellars, mechanical rooms, attics, carports or garages that are not designed for residential or business occupancy." Section 3.2(44) relating to the definition of Kennel is hereby amended to read as follows: "44. Kennel - any lot or premises on which four (4) or more dogs, cats or other domestic animals at least four (4) months of age are housed or accepted for boarding, trimming, grooming and or bathing." 2 - 0 2 3 7X B. All principal uses, references and regulations relating to SF-2 Single Family Districts and SF-3 Single Family Districts are hereby eliminated from Ordinance No. 334. All property currently zoned SF-2 Single Family District and SF-3 Single Family District shall hereinafter be considered as zoned SF-1 Single Family District and each such property shall hereinafter comply with the requirements of the SF-1 Single Family Districts. The following sections shall be repealed from Ordinance No. 334; Sections 5.4, 5.4-1, 5.4-2, 5.4-3, 5.5, 5.5-1, 5.5-2 and 5.5-3. C. Section 5.10 relating to Retail-1 Districts is hereby amended by the addition of a new Section 5.10-4 which shall read as follows: "5.10-4. Additional Permitted Principal Uses All permitted principal uses in the Office-1 District shall be a permitted principal use in the Retail-1 District." D. Section 5.11 relating to Retail-2 Districts is hereby amended by the addition of a new Section 5.11-2 which shall read as follows: "5.11-2. Additional Permitted Principal Uses All permitted principal uses in the Office-1 District and the Retail-1 District shall be a permitted principal use in the Retail-2 District." E. Section 5.12 relating to the Industrial-1 District shall be amended by the addition of a new Section 5.12-7 which shall read as follows: "5.12-7. Additional Permitted Principal Uses All permitted principal uses in the Office-1 District, Retail-1 District and Retail-2 District shall be a permitted principal use in the Industrial-1 District." F. Section 5.13 relating to the Industrial-2 District shall be amended by the addition of a new Section 5.13-7 which shall read as follows: "5.13-7. Additional Permitted Principal Uses All permitted principal uses in the Office-1 District, Retail-1 District and Retail-2 District and the Industrial-1 District shall be a permitted principal use in the Industrial-2 District." 3 - 0 2 3 7X G. Section 6.1 relating to District Regulations is hereby amended by repealing the provisions relating to SF-2 and SF-3 and amending the provisions relating to SF-1 and amending the provisions relating to minimum building size in a Retail-1 District as shown in Exhibit "A", attached hereto and incorporated herein for all purposes. H. Section 9.3(a) relating to Off-Street Parking Space Size shall be amended to read as follows: "a. Parking Space Size - No parking space shall be less than 9 feet by 18 feet in length for head-in parking and 8 feet by 22 feet for parallel parking; provided up to fifty percent (500) of the spaces required can be designated for compact autos which spaces shall be 8 feet by 16 feet, provided that all spaces designated for compact autos shall be identified by a sign painted on the parking space indicating that the space is designated for compact autos. Parking space sizes of 10 feet by 20 feet are, however, encouraged where parking turnover rates would be higher than normal long term low turnover parking lots and areas. I. Section A1.2 of Appendix One relating to buffer yards is hereby amended to read as follows: "A1.2 Location - Buffer yards shall be located within and along the outer perimeter of a lot or parcel boundary line except where they intefere with a utility or drainage easement. Set back lines shall take precedence if in conflict, however, the areas may overlap. Buffer yards shall not be located on any portion of an existing or dedicated public street or right-of-way." J. Section 18 of Ordinance No. 334 relating to penalties is hereby amended to read as follows: "Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not to exceed One Thousand Dollars ($1,000) and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. 4 - 0 2 3 7X Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 4. The fact that the present ordinances and regulations of the City of Southlake, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Southlake, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. /l PASSED AND APPROVED this 1l~ 1987. 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