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0311ORDINANCE NO. 311 AMENDED An Ordinance establishing requirements for masonry construction of exterior walls of all structures to be located in certain zoning districts of the City of Southlake, Texas; amending any building or construction ordinances or codes of the City of Southlake, Texas to adopt such standards for construction of exterior walls with masonry materials; defining masonry materials and products; providing for a variance procedure; providing for exemptions; providing a grandfather clause; providing a savings clause; providing a repealer clause; providing for a penalty; providing for injunctive relief; providing for an effective date; and providing for publication. Whereas, the City Council for the City of Southlake, Texas, ~ems it desirable and in the best interest of such City to amend the building ordinances and codes of the City of Southlake to establish certain requirements for exterior masonry construction of all structures located within certain zoning districts of Southlake. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SOUTHLAKE, TEXAS: Section 1. Exterior Masonry structures constructed within the Construction Requirements. city limits of the City of Ail Southlake, Texas, within the zoning districts designated as Neighborhood Service Community Commercial District ("NSCC"), Light Commercial ("L"), Heavy Commercial District ("H"), and Light Industrial District ("LI"), after the passage and effective date of this ordinance and after publication, and except as otherwise ~xempted or grandfathered herein, shall have all exterior walls of such structure constructed using a masonry material so as to cover One Hundred Per Cent (100%) of all such exterior walls, exclusive of all windows, doors, roofs, glass construction materials, or sidewalk and walk-way covers, with such masonry material. Section 2. Definition of "Masonry Materials and Products". The term Masonry Materials shall mean and include brick, stucco, cement, concrete tilt wall, stone or rock. Section 3. Variance. The City Council, upon application duly filed, may allow a variance from the terms of this Ordinance and the requirements set forth herein upon an affirmative vote of three- forths (3/4) of the City Council members present and voting to grant such variance. The application for a variance shall set forth in ~ecific language the grounds or reasons upon which such variance request is being made. The variance, if granted, shall be in writing, signed by the Mayor, and shall set forth the grounds or reasons upon which the variance was approved. In the event that a variance application is rejected by the City Council, no other variance shall be considered or acted upon by the City Council upon the same structure or proposed structure for a period of less than six (6) months subsequent to the said denial. Section 4. Notice Requirements. Upon application being made for a variance under Section 3 above, the City Secretary or City Administrator shall cause notices to be mailed by United States mail, return receipt requested, to all property owners of record according to the most current tax rolls for the City of Southlake, of all Joperty located within 200 feet of any portion of the boundaries of the property for which the variance has been requested, notifying ,uch owners of the request for variance and providing notice that such owner may appear at the City Council meeting at which the application for variance is to be heard to speak either for or against such application or that such property owner may respond in writing to such notice. The City Secretary shall also cause to be published in the official newspaper for the City, a notice stating that an application for a variance has been filed, identifying the property affected, and specifying the date that a hearing on such application is to occur. Such notice shall be published at least 15 days prior to the City Council meeting at which the variance will be considered. Section 5. Application Fee. At such time that an application for variance is filed, the applicant shall pay a fee in an amount of $250.00 to defray the costs of handling and processing the said application; which fee shall not be refundable regardless of the disposition of the application. Section 6. Exemptions. This ordinance shall not apply to any structure for which a building permit application has been filed with the City of Southlake as of 5:00 o'clock P.M. June 21, 1985. Section 7. Grandfather Clause. This ordinance, and the requirements set forth and established herein shall not apply to any structure existing within the City of Southlake on the effective date of this ordinance so as to require any modification or alteration of any exterior wall thereof nor shall this ordinance apply to any repairs made to any exterior walls of any such structure. This provision shall not allow any exterior walls of any structure to be modified, altered, or enlarged without complying with the equirements duly applied to Section 3 Section 8. passage of this of the State of established in this ordinance except upon a variance for and thereafter granted by the City Council pursuant of this ordinance. Amendment and Repeal of Existing Ordinances. Upon ordinance and publication as required by the statutes Texas, this ordinance and the requirements established herein shall be deemed to supersede and amend any standards or requirements contained in any other ordinance or building code of the City of Southlake, Texas, and insofar as any such provision of any existing ordinance or building code of Southlake, Texas, is in conflict with any provision of this ordinance, such conflicting provision of such existing ordinance or ¼uilding is repealed and replaced by the provisions of this Jrdinance. Section 9. provided by this Injunctive Relief. Notwithstanding any penalty ordinance for violation of the requirements and provisions hereof, the City Council, upon a majority vote of those present and voting, shall have the authority to instruct the City Attorney for the City of Southlake to proceed to obtain injunctive relief against any person or entity in violation of any provision of this ordinance. Section 10. Penalty. Any person, firm, corporation or entity violating any provision of this ordinance shall be guilty of a class "C"' misdemeanor and upon conviction of each violation shall be assessed a f~ne of not less than $25.00 and not more than $200.00. ~ch day that a violation of any provision of this ordinance occurs shall be a separate violation and offense under this ordinance. 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APPROVED AS TO FORM: /s/Lloyd O.Latta,Jr /s/William H.Smith Mayor Te _ City Attorney SANDRA /s/Sandra L.LTa ATTEST:. CITY S Notary Expirat: raLsLeGra dy n CitAPPROVED AS TO FORM:' /s/William H.Smith APPROV City Attorney WILLIA CITY A