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0261-B ORDINANCE NO. v2r6/ °,o AN ORDINANCE AMENDING ORDINANCE NO. 261 OF THE CITY OF SOUTHLAKE, TEXAS, BY AMENDING SECTION 6, "HEAVY COMMERCIAL" BY ADDING NEW SUB-PARAGRAPHS 6.12-12a AND 6.12-12b, TO ALLOW FOR EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS IN HEAVY COMMERCIAL DISTRICTS; BY AMENDING SECTION 5, SCHEDULE OF DISTRICT REGULATIONS TO PROVIDE FOR MAXIMUM HEIGHT MODIFICATIONS; PRO- VIDING FOR THE SAME PENALTY AS CONTAINED GENERALLY IN ORDINANCE NO. 261; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND REQUIRING PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 261 of the City of Southlake, Tarrant County, Texas, is hereby amended by amending Section 6.12-12 "Maximum Height of Building and Structures" and by adding new subparagraphs 6.12-12a and 6.12-12b all as follows: "6.12-12 Maximum Height of Buildings and Structures- The max- imum height of buildings and structures permitted in the "H" District shall conform to Section 5, Schedule of District Regulations, except as otherwise allowed in subsection 6.12- 12a below. 6.12-12a Amendment of Maximum Height Regulations - The maximum height regulations prescribed elsewhere in this Ordinance, including Section 5, Schedule of District Regulations, may be amended or modified on a case by case basis by Special Exception Use Permit obtained pursuant to the procedures set forth in Section 14.4 of this Ordinance, provided however, that no Special Exception Use Permit may be issued or passed that does not conform to the requirements contained in subsection 6.12- 12b below. 6.12-12b Mandatory Requirements To Be Contained In All Special Exception Use Permits Amending or Modifying Maximum Height Regulations - The following requirements and safeguards must be contained and become a part of any Special Exception User Permit issued or passed in accordance with subsection 6.12-12a and Section 14.4. Such mandatory provisions are to be in addition to any other safeguards, conditions or requirements deemed necessary by the Council and are not to be considered exhaustive of all safeguards, conditions and requirements which may be required prior to the approval of any Special Exception Use Permit. 1. Any Special Exception Use Permit amending or modifying the maximum height regulations may only be issued for structures to be used for "office" purposes as that term is normally used in Tarrant County, Texas. 2. Any Special Exception Use Permit issued pursuant to subsection 6.12-12a and Section 14.4 of this Ordinance shall contain a requirement that any building or structure constructed pursuant to such Special Exception Use Permit have a minimum of 150 feet greenbelt set back from all property adjacent to the tract for which the Special Exception Use Permit is issued and from all streets and roadways, except as otherwise allowed below. As used in this mandatory requirement, the term "greenbelt" shall mean an area containing no buildings or structures, no paving concrete, gravel or other road or parking con- struction materials other than for use as egress and ingress roadways or drives and which shall be planted, landscaped or left in a natural state. Further, there shall be no parking permitted anywhere within the area of the 150 foot "greenbelt", including along any ingress or egress roadways or drives. 3. No accessory use building or structure shall be allowed within the 150 foot "greenbelt" area except structures used solely for the purpose of security and/or traffic control in connection with the ingress and egress of persons and vehicular traffic at such tract and any such accessory building may not exceed 10 feet in height. 4. No Special Exception Use Permit shall be issued allowing an amendment or modification of the maximum height regulations which allows any building to be constructed pursuant to such permit to exceed eighty-five (85) feet in height. Appertances such as antennaes and plumbing, air-conditioning and other equipment located on the roof of such building shall not be included in determining the height of the building for which the Special Exception Use Permit is being sought. SECTION 2. Ordinance No. 261 of the City of Southlake, Texas, is hereby amended by amending Section 5 - Schedule of District Regulations to add a note (f) on page 5.1 under "MAXIMUM BUILDING HEIGHT" to read as follows: " The height regulations prescribed elsewhere in this ordinance for Heavy Commercial "HC" Districts may be amended or modified on a case by case basis by special use permit obtained pursuant to the procedures set forth in Section 14.4 of this ordinance, subject to the requirement of subsection 6.12-12b of this ordinance. and by adding a reference letter "f" by the columnar heading "MAXIMUM BUILDING HEIGHT" on said page. SECTION 3. It is hereby declared to be the intention of the City Council of the City of Southlake, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutionality of invalid phrase, clause, sentence, paragraph or section. SECTION 4. The said Ordinance 261, except as amended by prior amendments and by this Ordinance remains in effect in all other respects as originally passed. SECTION 5. Any person violating or failing to comply with any provision of this Ordinance shall be subject to the fines and penalties provided in Section 17 of Ordinance 261 providing for penalties of the Zoning Ordinance and each day any violation of non-compliance continues shall constitute a separate offense. SECTION 6. This Ordinance amending Ordinance 261 shall become effective, and be in full force and effect from and after the date of its passage, adoption and publication s provided by law. PASSED AND ADOPTED this day of , 1982. CITY OF SOUTHLAKE, TEXAS SAM PARGER MA R AT EST: ANDRA L. LEGRAND City Secretary APPROVE}Y: I IAM H. SMITH ri 7 A+- rnCw