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0334AMENDED CITY OF SOUTHLAKE ZONING ORDINANCE SEPTEMBER, 1986 SANDRA L. LEGRAND CITY SECRETARY ZONING ORDINANCE WHEREAS THE CITY DEEMS IT NECESSARY FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE CITY OF SOUTHLAKE, TOOK TO ENACT THIS ORDINANCE. 1.1 1.2 1.3 SECTION 1 - PURPOSE AND TITLE PURPOSE - The zoning regulations and districts herein estab- lished have been made in accordance with a comprehensive plan for the City of Southlake and its extraterritorial jurisdic- tion. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilit- ate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable considerations, among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. TITLE - This ordinance shall be known as and may be cited and referred to as the "Zoning Ordinance" to the same effect, which includes narrative regulations and map. TABLE OF CONTENTS PAGE SECTION 1 PURPOSE AND TITLE 1- 1 1.1 Purpose 1- 1 1.2 Title 1- 1 1.3 Table of Contents 1- 1 SECTION 2 ESTABLISHMENT OF DISTRICTS: PROVISIONS FOR OFFICIAL ZONING MAP, ZONING CHANGES AND ANNEXATION 2- 1 2.1 2.2 2.3 Official Zoning Map 2- 1 Replacement of Official Zoning Map 2- 1 Boundaries of Districts 2- 1 1-1 SECTION SECTION SECTION 2.4 2.5 2.6 3 3.1 3.2 4 Zoning Change Application Zoning Frequency Annexation of Property DEFINITIONS: GENERAL interpretations of Certain Words and Phrases Definitions NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES 4.1 Intent 4.2 Existing Building Permits 4.3 Nonconforming Lots of Record 4.4 Nonconforming Uses of Land 4.5 Nonconforming Structures 4.6 Nonconforming Uses of Structures 4.7 Repairs and Maintenance 4.8 Uses under Exception Provisions: Not Nonconforming Uses 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 DISTRICT REGULATIONS "AG" Agricultural District "RE" Single Family Estate Residential "SF-i" Single Family District "SF-2" Single Family District "SF-3" Single Family District Planned Unit Development community Service "01" - Office One "02" - office Two "Ri" - Retail One "R2" - Retail Two Industrial - One Industrial - Two Other Applicable Regulations Permitted Accessory Uses Special Exception Uses Avigation Easement 2- 2 2- 2 2- 2 3- 1 3- 1 3- 1 4- 1 4- 1 4- 1 4- 2 4- 2 4- 2 4- 3 4- 4 4- 4 5- 1 5- 1 5- 2 5- 4 5- 5 5- 6 5- 7 5-11 5-15 5-17 5-18 5-19 5-21 5-22 5-23 5-24 5-26 5-29 1-2 SECTION SECTION 6 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 SCHEDULE OF DISTRICT REGULATIONS 6- 1 SUPPLEMENTARY DISTRICT REGULATIONS 7- 1 Fences, Walls, Hedges 7- 1 Use of Barbed Wire or Electric Fences 7- 1 Accessory Buildings 7- 1 Temporary Buildings 7- 2 Erection of More than One Principle Structure on a Lot 7- 2 Buildings Constructed Across Lot Lines 7- 2 Exceptions to Height Regulations 7- 2 Projections of Buildings, Structures and Appurtenances into Required Yards 7- 3 Minimum Width of Enclosed or Partially Enclosed Open Space 7- 3 Buildings and Structures to Have Access 7- 3 Parking and Storage of Vehicles: General 7- 4 Parking and Storage of Major Recreational Equipment 7- 5 Front Yard Adjustments 7- 5 Side Yard Adjustments 7- 6 Rear Yard Adjustments 7- 7 Lot Area per Family Adjustments 7- 7 Health Regulations: Water Supply 7- 7 Health Regulations: Sewage Disposal 7- 7 Platting of Property not Properly Zoned 7- 8 Screening Regulations 7- 8 SECTION SECTION 8 8.1 9 9.1 9.2 9.3 9.4 SIGN REGULATIONS Purpose and Intent OFF-STREET PARKING REQUIREMENTS Purpose and Intent Location of Parking Spaces Computation of Parking Space Sizes and Parking Areas Type of Parking Surface Required 8- 1 8- 1 9- 1 9- 1 9- 1 9- 1 9- 2 1-3 9.5 9.6 9.7 9.8 SECTION 10 10.1 10.2 10.3 10.4 10.5 10.6 SECTION 11 11.1 11.2 11.3 11.4 11.5 11.6 SECTION 12 12.1 12.2 SECTION 13 13.1 13.2 13.3 13.4 13.5 Rules of Computation of the Number of Parking Spaces Number of Off-Street Parking Spaces Required Parking for the Handicapped No Repair Work OFF-STREET LOADING REQUIREMENTS 9- 2 9- 2 9- 6 9- 6 10- 1 10- 1 10- 1 10- 1 10- 1 10- 1 10- 2 Purpose and Intent Location of Loading Spaces Computation of Off-Street Loading Space Sizes Type of Parking Surface Required for Loading Spaces Rules for Computation of off- Street Loading Spaces 'Number of Off-Street Loading Spaces Required ADMINISTRATION AND ENFORCEMENT: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 11- 1 Administration and Enforcement 11- 1 Building Permits Required 11- 1 Application for Building Permits 11- 1 Expiration of Building Permits 11- 2 Certificate of Occupancy Required: For New, Altered, Changes in Use, of Non-Conforming Uses 11- 2 Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of 11- 2 Occupancy SCHEDULE OF FEES, CHARGES AND EXPENSES 12- 1 Schedule of Fees, Charges and 12- 1 Expenses 12- 1 Fees Required BOARD OF ADJUSTMENT: PROCEDURE 13- i Establishment Powers and Duties proceedings of the Board of Adjustment Appeal Procedures Stay of Proceedings 1-4 13- 1 13- 1 13- 3 13- 3 13- 4 SECTION 14 14.1 14.2 14.3 14.4 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 APPENDICES AMENDMENTS TO THE ZONING ORDINANCE 14- 1 Procedures and Requirements 14- 1 Petition for Amendment and Frequency Thereof 14- 2 Classification of New and unlisted Uses 14- 2 Special Exception Uses - Approval 14- 3 ALCOHOLIC BEVERAGE SPECIAL USE PERMITS 15- 1 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS 16- 1 COMPLAINTS REGARDING VIOLATIONS 17- 1 PENALTIES FOR VIOLATION 18- 1 SEPARABILITY CLAUSE 19- 1 REPEAL OF CONFLICTING ORDINANCES 20- 1 EFFECTIVE DATE 21- 1 ONE - BUFFERYARDS TWO - PERFORMANCE STANDARDS 1-5 SECTION 2 - ESTABLISHMENT OF DISTRICTS: PROVISIONS FOR OFFICIAL ZONING MAP, ZONING CHANGES AND ANNEXATIONS 2.1 2~2 2.3 OFFICIAL ZONING MAP - The City of Southlake is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordin- ance. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Ordinance Number of the City of Southlake, Texas," together with the date of the adoption of this ordinance. The official Zoning Map shall be made current from time to time to reflect the changes and amendments, if any, that are approved by the City Council. Any unauthorized change of whatever kind in the Official Zoning Map by any person shall be prohibited. The Official Zoning Map shall be located in the Southlake City Hall. REPLACEMENT OF OFFICIAL ZONING MAP - In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map and bring the official Zoning Map up-to-date to reflect any and all amendments or changes in the same. BOUNDARIES OF DISTRICTS Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: a. Boundaries indicated as approximately following the center- lines of streets, highways, or alleys shall be construed to follow such centerlines; b. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; c. Boundaries indicated as approximately following city limits shall be construed as following city limits; eo Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of 2-1 2.4 2.5 2.6 change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approxi- mately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. f. Boundaries indicated as parallel to, or extensions of, features indicated in subsections a. through e. above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; g. Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map or in other circumstances not covered by subsections a. through f. above, the City Council shall interpret the district boundaries. ZONING CHANGE APPLICATION - An application for a zoning change shall be made by the property owner and he/she shall submit two (2) copies of the following: a. Application form signed by property owner. b. A boundary survey, with a metes and bounds description and reflecting improvements performed by a public surveyor registered in the State of Texas. The survey must be performed within the ninety days prior to submission. c. Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses sha%l be required. d. A proposed conceptual or final site plan for any applica- tions for for zoning changes for which a request for zoning to any category other than residential or agricultural is made. The requirements and procedures for filing said site plan shall be as set forth in any ordinance establishing the requirement for site plans. ZONING FREQUENCY - [See Section 14.2] ANNEXATION OF am bo PROPERTY Annexation of property by the City of Southlake must meet all requirements of Section 14 of this ordinance, "Amend- ments to the Zoning Ordinance." Ail territory hereafter annexed to the city of Southlake shall be temporarily classified as "AG" - Agricultural District unless another zoning district has been requested, or unless there is a more appropriate district. In the event any zoning other than Agricultural is requested at the time of annexation, all public notices & public hearings as required by this or any other ordinance, or by state law shall be complied with. 2-2 c. The procedure for changing the zoning on any newly annexed territory shall be the same as Section 2.4. d. In an area classified as "AG - Agricultural District," building permits and certificates of occupancy may be issued for all uses permitted in the "AG" District subject to all of the requirements and regulations specified for this District. e. Building permits and certificates of occupancy and compli- ance for uses other than those permitted in "AG - Agricul- tural District" may not be issued in an annexed territory until proper rezoning for such property has been achieved. 2-3 SECTION 3 - DEFINITIONS: GENERAL 3.1 3.2 INTERPRETATION OF CERTAIN WORDS AND PHRASES - For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: a. The word person includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. b. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. c. The word shall is mandatory, the word may is permissive. d. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. e. The word lot includes the words plot, parcel or tract of land. DEFINITIONS definitions 1. - For the purposes of this ordinance, the following shall apply: ACCESSORY BUILDING OR USE - A subordinate building having a use customarily incidental to and located on the same lot occupied by the main building; or a use customarily inci- dental to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. ALLEY - A public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway. o APARTMENT - A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals. APARTMENT HOTEL - Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other. APARTMENT HOUSE - Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be 3-1 occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities. AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and where no dismantling of cars or sale or keeping of used car parts or junk on the premises is done. o AUTOMOBILE WRECKING YARDS - Any establishment maintained, used or operated for the storing, keeping, dismantling, buying or selling of wrecked automobiles as defined in this ordinance under the definition of "Junk." BASEMENT - A building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. BLOCK - An area enclosed by streets, or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets; or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street. 10. BOARD - The Zoning Board of Adjustment (see Sect 13). 11. BOARDING HOUSE - A building other than a hotel where lodging and meals for five or more persons are served for compensa- tion. 12. BREEZEWAY - A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. 13. BUILDING - Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. 14. BUILDING LINE - Front: A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected. Side: A similar line parallel to the side lot line. (see drawings following pg 3-8) 15. BUSINESS Includes local retail, commercial, industrial and manufacturing uses and districts as herein defined. 3-2 16. CELLAR - A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height. 17. CERTIFICATE OF OCCUPANCY (OR PERMIT) - An official certif- icate issued by the City through the administrative official which indicates conformance with or approved conditional waiver from the Building or Zoning Regulations and author- izes legal use and occupancy of the premises for which it is issued. 18. CHIEF OF POLICE - Means the chief of police of the City of Southlake, Texas, or his duly authorized representative. 19. CITY HEALTH OFFICER - Means the city health officer of the City of Southlake, Texas, or his duly authorized representa- tive. 20. CITY COUNCIL or COUNCIL - The governing body of the City of Southlake, Texas. 21. CLINIC - Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. 2ia.COMMISSION - The Planning, Zoning or Planning and Zoning Commission, as appropriate. 22. COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by the City, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the City. 23. CONVALESCENT HOME - Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 24. COURT - An open, unoccupied space, bounded on three (3) or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space. 25. DAY NURSERY - A facility, licensed by the State of Texas, for child care. 26. 27. DISTRICT (ZONING) - A section of the City of Southlake or its extraterritorial properties for which the regulations governing the area, height, or use of the land and buildings are uniform for each type and class of structure. DWELLING, ONE-FAMILY (SINGLE FAMILY) - A detached building arranged, intended or designed for occupancy by one family. 3-3 28. DWW. LLING, TWO-FAMILY (DUPLEX) - A detached or semi-detached building arranged, intended, or designed for occupancy by two families. 29. DWELLING, MOBILE/MODULAR HOME - A detached residential dwelling unit designed for t£ansportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or per- manent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home. 30. DWELLING, MULTI-FAMILY - A building or portion thereof arranged, intended or designated for occupancy by three or more families, including, but not limited to, apartment houses, condominiums and townhouses. 31. DWELLING UNIT - A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping. 32. EFFICIENCY APARTMENT - An apartment having a combination living and bedroom (no separate bedroom). 33. FAMILY - One (1) or more persons who are related by blood or marriage, living together and occupying a single house- keeping unit with single kitchen facilities, or a group of not more than five (5) - excluding servants - living together by joint agreement and occupying a single house- keeping unit with single kitchen facilities, on a non- profit, cost-sharing basis. [FRONT YARD - SEE YARD - FRONT] 34. FLOOR AREA - The total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports or garages that are not designed for residential or business occupancy. 35. GARAGE, PRIVATE (RESIDENTIAL) - An enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises. 36. GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes. 3-4 37. GARAGE, STORAGE (PARKING) - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing. 38. GRADES a. For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street; For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Building Inspector shall establish such a sidewalk level or its equivalent for the purpose of these regulations. 39. HEIGHT OF BUILDINGS - The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof's surface, if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs, and in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. 40. HEIGHT OF YARD OR COURT - The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall. 41. HOME HOBBY SHOP - An accessory use housed in a dwelling or in an accessory building in which the residents of the premise engage in recreational activities, none of which shall be a nuisance and from which no revenue may be derived, and in which no goods offered for sale or advertis- ed for sale, nor may any sign be used in connection there- with. 3-5 42. HOME OCCUPATION (USE) - An occupation within a dwelling unit provided that: conducted wholly a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illumi- nated, and mounted flat against the wall of the princi- pal building; d. No home occupation shall be conducted in any accessory building; e. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is con- ducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; g. Home occupation uses shall not include beauty culture schools, barber and beauty shops, medical or chiro- practic offices, or other uses of a similar nature and character. 43. JUNK - The term "junk" is defined to mean, and shall include, scrap iron, scrap tin, scrap brass, scrap copper, 3-6 scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used clothes, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition and subject to being dismantled for junk. 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 for which remuneration is received. 45. KINDERGARTEN - A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. 46. LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building or yard existing legally at the time of the passage of this ordinance which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of this ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use. 47. LIVING UNIT - Same as DWELLING UNIT. 48. 49. LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. LOT - For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or an approved private street, and may consist of: a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, of complete 3-7 lots of record and portions of lots of record, or of portions of lots of record; d. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. 50. LOT COVERAGE - The percentage of the total area of a lot occupied by the base (first story of floor) of buildings located on the lot. 51. LOT FRONTAGE - The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage yard, and yards shall be provided as indicated under YARDS in this Section. 52. LOT LINES - The lines bounding a lot as defined herein. 53. LOT LINE, FRONT - The boundary between a lot and the street on which it fronts. 54. LOT LINE, REAR - The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the Administrative Official shall determine the rear line. 55. LOT LINE, SIDE - Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line. 56. LOT MEASUREMENTS - See drawings on following two pages. 3-8 ~A) I. LOT WIDTH (B) (A) '~. LOT DEPTH YARDS / ; ~ -' '~ ;1" ..... I"L ?,~,~,, 7~ ~'"' ........ --.--~.., ;I ~ ~ ~ T~ ~ ~LONG LINE ~ 50% OF THIS X~ STREET FRONT OF LOT I$ SID~ OF LEAST I LOT PLATTED P~O~ TO EFFECTIVE DATE OF ORBINANGE STREET ~'1 ON PLAT ~ ~ ZOH 4. CORNER LOT IF APPROVED ON PLAT SF'2 I METHOD OF MEASURING FRONT YARD SPECIF~ FRONT YARO STANDARO FRONT YARDS BOTH FRONTAGES BUILDING LINE FOR ACCESSORY BUILDIH6 ESTASLI~HED BY FRONT DOUBLE FRONTagE LOTS 6. I SF.2 I SF-2 I NS I NS NS lNS FRONT YARD WHERE ZONING CHANGES iN A BLOCI( 57. LOT OF RECORD - A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance. 58. LOT a. TYPES Corner Lot - A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimen- sion, unless otherwise specified by the Administrative Official. b. Interior Lot - A lot other than a corner lot with only one street frontage and whose side lot lines do not abut upon any street. c. Through Lot - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage" lots. Such lots shall provide a front yard on each street. 59. MAIN (PRINCIPAL) BUILDING - The building or buildings on a lot which are occupied by the primary use. 60. MASSAGE - A process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction, nor massage of the face practiced by beauty parlors or barber shops duly licensed under the penal code of the state. 61. MOBILE/MODULAR HOME - See DWELLING, MOBILE/MODULAR HOME. 62. MOBILE OR MODULAR HOME PARK OR SUBDIVISION - A parcel of land upon which two or more mobile or modular homes are placed or located for purposes of occupancy. 63. NONCONFORMING USE - A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. 64. OCCUPANCY - The use or intended use of the land or buildings by proprietors or tenants. 3-11 65. OPEN SPACE - Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unob- structed to the sky except for the ordinary projections of cornice eaves or porches. 66. PARKING SPACE, OFF-STREET - For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more auto- mobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another. 67. PLANNING AND ZONING COMMISSION - The agency appointed by the City Council as an advisory budy to it and which is author- ized to recommend changes in the zoning or special exception uses. 68. PLANNING COMMISSION - A planning commission is a voluntary group of local citizens who are appointed by a city's governing body for the purpose of advising the governing body on the scope and direction of the city's planning activities. The primary purpose of the commission is to ensure the municipality is equipped with a well prepared and up-to-date comprehensive plan along with any supporting plans to ensure its success. The commission will often have as additional duties; a) subdivision regulation, b) commun- ity facilities planning, c) capital improvements program- ming, d) annexation review, e) urban design leadership. The planning commission may be combined with the zoning commission. The resulting body has responsibilities for developing a comprehensive plan and making recommendations for implementation of the land use portion. Such Commission shall operate under and obtain its authority from appro- priate statutes, ordinances and any Home Rule Charter of the City of Southlake. 69. PLAT - A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Southlake and subject to approval by the Planning and Zoning Commission. The plat must be prepared by a professional civil engineer registered in the State of Texas or a Public Surveyor registered in the State of Texas. Reference to a plat in this ordinance means an official plat of record which has been approved by the Planning and zoning commission and filed in the plat records of Tarrant County. 70. PREMISES - Land together with any buildings or structures occupying it. 3-12 71. PRIVATE CLUBS - A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession or serving of any alcoholic beverage permitted by the laws of the State of Texas, and where none of such facilities are available except to members or their guests. 72. PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space, other than a street or alley permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon. 73. QUARRY OR MINING - The storage, display or sale of ore, clay, stone, gravel, topsoil, or similar materials. The process of quarrying, mining, dredging, removing, screening, crushing and/or washing shall be a use included in this definition. This definition does not include the storage, display or sale of such materials when the same is incidental to the operation of a use such as nurseries, hardware stores, etc., and which uses are already spec- ifically provided for in specific district regulations otherwise in this ordinance. 74. RESIDENCE - Same as a dwelling; also when used with the word District, an area of residential regulations. 75. SANITARY LANDFILL - A site for the accumulation of refuse or other discardable materials which are to be covered over with soil and/or fill material. This definition shall not be construed as and is separate from that of a Junk or Salvage Yard. 76. SERVANTS AND FAMILY QUARTERS - An accessory building located on the same lot grounds with the main building and used as living quarters for servants employed on the premises or family of the owner of the premises and not to be rented or otherwise used as a separate domicile. 77. SETBACK - The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the street line. (Same as BUILDING LINE.) 78. SIGN - Any device designed to inform or attract the atten- tion of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein: 3-13 a. Signs not exceeding one square foot in area and bearing only property numbers, postal box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; b. Flags and insignia of any government except when dis- played in connection with commercial promotion; c. Legal notices; identification, informational, or directional signs erected or required by governmental bodies; d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights. 79. SPECIAL EXCEPTION - A special exception is a use that would not be appropriate generally or without restriction through- out the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for special exception is made in this zoning ordinance. 80. STORY - That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the adjoining ground level. 81. STREET - A thoroughfare which affords the principal means of access to property abutting thereon. 82. STREET LINE - The dividing line between the street and the abutting property. 83. STRUCTURE - Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, struc- tures include buildings, mobile homes, walls, fences, billboards, and poster panels. 3-14 84. STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not in- cluding openings in bearing walls as permitted by the City Building Code. 85. THOROUGHFARE OR COLLECTOR - As defined in the City's latest approved Comprehensive PLan. 86. TOURIST HOME OR DUDE RANCH - A dwelling in which accommoda- tions are provided or offered for transient or temporary guests for compensation. 87. TRAVEL TRAILER - A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home. 88. VARIANCE - A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, and a literal enforcement of the ordinance would result in an unnecessary hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district. 89. YARD, FRONT - A yard across the full width of the lot extending ~rom the front line of the main building to the front line of the lot. (See drawings - 3-9 and 3-10.) 90. YARD, REAR - A yard between the rear lot line and the rear line of the main building and the side lot lines. (See drawings - 3-9 and 3-10.) 91. YARD, SIDE - A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard. (See drawings 3-9 and 3-10.) 3-15 92. ZONING COMMISSION - A group of citizens of a community appointed by the governing body primarily for the purpose of formulating the zoning ordinance text and map in the initial stage. Further, the commission conducts public hearings for proposed changes to the ordinance and forwards its adminis- trative recommendations to the governing body for their legislative action. "Where a City Plan Commission already exists, it may be appointed as the Zoning Commission". The preceding sentence is a direct quote from Article 1011f, Vernon's civil Statutes of the State of Texas. The Zoning Commission is also known as the Planning Commiss- ion, the Planning and Zoning Commission, the Commission or "p & Z." The City of Southlake combines the planning and zoning functions into one body, officially known as the Planning and Zoning Commission. 93. ZONING DISTRICT MAP - The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. 3-16 SECTION 4 - NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES 4.1 4.2 INTENT - Within the districts established by this ordinance or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere within the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordi- nance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. EXISTING BUILDING PERMITS - To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or land develop- ment project for which a building permit was lawfully issued no more than six months prior to the date of adoption or amendment of this ordinance. Construction on a building permit issued prior to the adoption of this ordinance must be begun within six months of the adoption date and must be completed within two years of adoption as under Section 11.4, Expiration of Building Permit. Such permit shall not be renewed or extended without all other conditions of this zoning ordi- nance having been met. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substan- tially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently c~rried on until completion of the building involved. 4-1 4.3 4.4 4.5 SIZE NONCONFORMITY OF LOTS OF RECORD - In any district in which singlefamily dwellings or commercial buildings are permitted, notwithstanding limitations imposed by other provision of this ordinance, a single-family dwelling or commercial building and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance where zoning under this ordinance is otherwise proper. This provision shall apply even though such lot fails to meet requirements for width or area, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the City Council. NONCONFORMING USES OF LAND - Where, at the effective date of adoption or amendment of ~his ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; b. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendme- nt of this ordinance; c. If any such nonconforming use of land ceases for any reason for a period of more than six (6) consecutive months or for eighteen (18) months during any three-year period, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located; d. No additional building not conforming to the requirements of this ordinance shall be erected in connection with such non-conforming use of land. NONCONFORMING STRUCTURES- Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could no% be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 4-2 a. Such structure may not be enlarged in a way which increases its nonconformity; 4.6 b. Such structure may not be altered in a way which increases its nonconformity; Should such structure be destroyed by any means to an extent of more than fifty(50%) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance; however, one family (single family) dwellings, as defined in Section 3.2.27, may be reconstructed in a way which does not increase its nonconformity from the original structure. do Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. NONCONFORMING USES OF STRUCTURES - If a lawful use of a struc- ture, or structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions: No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment for this ordinance, but no such use shall be extended to occupy any land outside such building; Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located; 4-3 4.7 4.8 e. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than fifty (50%) percent of the replacement cost at time of destruction; f. Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease. REPAIRS AND MAINTENANCE - On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixture, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. USES UNDER EXCEPTION PROVISIONS: NOT NONCONFORMING USES - Any use for which a special exception is granted pursuant Lo this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception. Any existing special use exception at the effective date of this ordinance shall be considered a non-conforming use and shall be subject to all terms of this ordinance relating to non-conform- ing uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular special use. 4-4 5.1 5.1-1 5.1-2 5.1-3 SECTION 5 - DISTRICT REGULATIONS AG AGRICULTURAL DISTRICT - The regulations set forth in this Section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "AG Agricultural District"- PURPOSE AND INTENT - The purpose of the "AG Agricultural District" is to provide for compatible land, building and structure uses primarily oriented to: agricultural farming and ranching; and extremely low density residential purposes. The district's locational characteristics are usually confined to the outer fringe of developed urbanized areas and/or along unprotected flood-prone areas. The district also serves as 1) a transitional land use element pending future, more intensive urbanization; 2) open space for the protection and enhancement of scenic areas, vistas, and recreational uses; and 3) where unusual or problematic soils, topographic conditions or sensi- tive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. PERMITTED PRINCIPAL USES a. Agricultural Uses - Farms, ranches, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities involving the growing of plants and raising and pasturing of livestock, including accessory feeding pens but not commercial feeding pens, provided that no operation shall be obnoxious or offensive. bo Residential Uses 1. Single family detached dwelling housing the owner or operator of the agricultural use upon which said dwelling is situated or to be situated, provided: a) The site area allocated to said residential dwelling use shall not be less than one (1) acre. 2. Supplemental single family detached dwelling used exclusively for the housing of full time employees employed on the premises for the express purpose of managing or operating the agricultural use or uses of the owner residing on the same tract of land. 5-1 5.2 5.2-1 5.2-2 5.2-3 "RE" SINGLE FAMILY "ESTATE" RESIDENTIAL DISTRICT - The regula- tions set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "RE" Single Family Estate Residential District. PURPOSE AND INTENT - The purpose and intent of the "RE" Single Family Estate Residential District: is to provide for compat- ible land, building and structural uses primarily oriented to low density residential estate purposes, select agricultural uses, open space uses, and select community facility uses. The locational characteristic of this district is generally confined to the outer fringe of the more intensely urbanized and deve- loped areas, and/or along unprotected flood prone areas. The district further serves as a transitional element between limited residential development and intense agricultural activities and of higher density urbanized areas of the City. Low density detached single family residential dwellings and estate development, along with the aforedescribed uses, comprise the principal elements of the district. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. PERMITTED PRINCIPAL USES a. Agricultural Uses Horticultural activities such as nurseries for the growing of trees, plants, flowers and items of a similar nature and character for which retail or wholesale sales are not conducted on the premises. Agricultural uses whose products are grown primarily for on-premises consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, orchards and aviaries. b. Residential Uses Single family detached dwellings housing the owner or operator of the agricultural use upon which said dwelling is situated or to be situated, provided: a) The site area allocated to said residential dwelling use shall be not less than one (1) acre; and b) The entire tract of land upon which said dwelling is situated or to be situated, including the principal single family dwelling described in the preceding 5-2 c) paragraph b.l.a) is in single ownership and com- prises a contiguous area of not less than five (5) acres; and The minimum lot (site) width devoted to said dwelling shall be not less than three hundred (300) feet. Community Facility Uses - Public, semi-public and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical, gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries, private boat docks, swimming pools and game courts, and other uses of a similar nature and character. 5-3 5.3 5.3-1 5.3-2 5.3-3 SF-1 SINGLE-FAMILY DISTRICT - The regulations set forth in this subsection, or as set forth elsewhere in this ordinance when referred to in this subsection, are the regulations of the SF-1 - Single Family Residential District. PURPOSE AND INTENT - The purpose and intent of the SF-1 - Single Family Residential District is to provide for compatible land, building, and structure uses primarily oriented to iow density residential purposes, select agricultural uses, open space uses, and select community facility uses. The locational characteristics of this district are not confined to any specific or general area; however, they are most appropriate on the outer fringe of the more intensively urbanized parts of the community, and/or along protected flood prone area. The district further serves as a transitional element between limited residential development and intense agricultural activities with that of higher density urbanized areas of this City. Low density detached single family residential dwellings and development, along with the aforedescribed uses, comprise the principal elements of the district. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. PERMITTED PRINCIPAL USES Agricultural Uses - Agricultural uses whose products are grown primarily tor home consumption, such as domestic gardening, berry or bush crops, tree crops, flower garden- ing, orchards, and aviaries. b. Residential Uses Single family detached dwellings. Community Facility Uses - Public, semi-public and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries, private boat docks, swimming pools and game courts, and other uses of a similar nature and character. 5.4 5.4-1 5.4-2 5.4-3 SF-2 SINGLE-FAMILY DISTRICT - The regulations set forth in this subsection, or as set forth elsewhere in this ordinance when referred to in this subsection, are the regulations of the SF-2 - Single Family Residential District. PURPOSE AND INTENT - The purpose and intent of the SF-2 Single Family Residential District is to provide for compatible land, building, and structure uses primarily oriented to moderately low density residential purposes, open space uses, and select community facility uses. The locational characteris- tics of this district are generally confined to the inner frame of the more intensely urbanized and developed areas, and/or along protected flood prone areas. Moderately low density detached single family residential dwellings and development, along with the aforedescribed uses~ comprise the principal elements of the district. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. PERMITTED PRINCIPAL USES a. Agricultural Uses - Agricultural uses whose products are grown primarily £or home consumption, such as domestic gardening, berry or bush crops, tree crops, flower garden- ing, orchards, and aviaries. b. Residential Uses Single family detached dwellings. c. Community Facility Uses - Public, semi-public and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. 5-5 5.5 5.5-1 5.5-2 5.5-3 SF-3 SINGLE-FAMILY DISTRICT - The regulations set forth in this subsection, or as set forth elsewhere in this ordinance when referred to in this subsection, are the regulations of the SF-3 - Single Family Residential District. PURPOSE AND INTENT - The purpose and intent of the SF-3 - Single Family Residential District is to provide for compatible land, building, and structure uses primarily oriented to moderately low density residential purposes, open space uses, and select community facility uses. The locational characteris- tics of this district are generally confined to the inner frame of the more intensely urbanized and developed areas, and/or along protected flood prone areas. Moderately low density detached single family residential dwellings and development, along with the aforedescribed uses, comprise the principal elements of the district. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. PERMITTED PRINCIPAL USES am Agricultural Uses - Agricultural uses whose products are grown primarily ~or home consumption, such as domestic gardening, berry or bush crops, tree crops, flower garden- ing, orchards, and aviaries. b. Residential Uses - Single family detached dwellings. Community Facility Uses - Public, semi-public and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. 5-6 5.6 5.6-1 PLANNED UNIT DEVELOPMENT - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "PUD - PLANNED UNIT DEVELOPMENT District." PURPOSE AND INTENT - The "PUD" Planned Unit Development District is designed to encourage a greater flexibility and the opportun- ity for a higher standard of land development than is permitted under conventional regulations. As such it makes feasible the application of planning concepts dealing with planned unit development of residential areas, planned shopping centers, and planned industrial parks. Improvements in a "PUD" District are subject to conformance with a site plan approved by Council on Commission recommendation and after public hearing thereon. Property may be classified under the "PUD" Planned Unit Develop- ment District in combination with any district and so designated by the letters "PUD" affixed to the code letters of the base district. When the "PUD" designation is so affixed to another base district, development may proceed in accordance with the provisions of this section. 5.6-2 SPECIAL REGULATIONS a. When the "PUD" District is combined with any other District and the property is to be used for a non-residential purpose the tract shall have a gross area of at least three (3) acres. In addition to the Development Controls for non-res- idential uses special attention shall be given to the potentially adverse effects of the proposed development on adjacent residential properties. The Commission shall not recommend for Council approval any site plan which it finds will create unnecessary traffic congestion on local streets in such residential area, will create a potential hazard to such properties by reason of water ponding or by intens- ifying water flows, or will otherwise be operated in such manner as to be detrimental to the health, safety, or welfare of occupants of adjacent land. b. When the "PUD" classification is combined with any other District and the property is to be used for a residential purpose the tract shall have a gross area of at least ten (10) acres, the Yard Requirements for residential uses shall apply only to the total site and to individual blocks within the site; in lieu of the Minimum Lot Area-Lot width require- ments the Bulk Controls of the district in which the property, or part thereof, is located shall apply. The Commission shall not recommend for Council approval of any district where it finds conflict with other portions of the intent of these regulations or where establishment of the district would be contrary to the safety, health or general welfare of occupants of adjacent land. c. No uses other than those allowed under this ordinance shall be allowed within a PUD District. No land shall be used and no building shall be erected for or converted to any use other than the specific use or uses granted here- under. 5-7 5.6-3 5.6-4 SITE pLAN APPROVAL REQUIRED - A site plan approved by the Council shall be a prerequisite to issuance of building permits and certificates of occupancy for any property in the district other than those which are entitled to same by reason of other provisions of this ordinance. a. Information to be Shown - The site plan shall show all pertinent information as necessary to accompany an applica- tion for building permit and such other information pertin- ent to the site and surrounding area as the Commission may require, including a schedule of proposed improvements both on-site and off-site. b. Public Hearings Required - A request for site plan approval shall be processed in accordance with the same review and hearing procedure as a proposal for zoning district change. A site plan approval request may be heard concurrent with or subsequent to a zoning change request, but not before. c. Modification of Site Plan - The Commission may recommend and the Council may require such modification of a site plan as will permit the proposed project to be in harmony with the existing and anticipated development of surrounding areas. d. Amendments - All site plans approved hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved. SITE PLAN INFORMATION - Every application for approval of a site plan under the terms of this district shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facil- ities, and what protection features are included to insure that the development will be compatible with existing and allowable development on adjacent property. The site plan shall show at least the following items of information. a. The land area included within the site and the existing zoning classifcation thereof, the land area of all abutting sites and the zoning classification thereof, all public and private rights-of-way and easements bounding and intersect- ing the site and the abutting sites which are proposed to be continued, created, relocated and/or abandoned; b. The proposed finished grade of the site, shown to contour intervals of not to exceed two (2) feet; c. A description of the proposed site and the boundaries thereof; 5-8 d. The location of each existing and each proposed structure on the site, the general category of use or uses to be con- tained therein, the number of stories, gross floor area, the location of entrances and exits to buildings, the percentage coverage of the site of the proposed structures and the location of all building lines. e. The location of all on-site facilities for liquid and solid waste temporary storage pending disposal; f. The location and width of all curb cuts and driving lanes; g. The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same; h. All pedestrian walks, malls and open areas for use by tenants or the public; i. The location and height of all walls, fences and screen planting; j. The location, size, height and orientation of all signs other than signs flat on building facades; k. The types of surfacing, such as paving, turfing or gravel, to be used at the various locations; 5.6-5 An increase A reduction buildings; 1. The location of fire hydrants; m. Drainage plans and information as may be available to show that the development will not be adversely affected by flooding action. n. The variances, if any, from the standard district zoning classification; o. The anticipated schedule of development of the site. ADMINISTRATIVE ACTION - On approval of the site plan all necessary permits or certificates authorized thereby may be issued. Subsequent to such approval, minor changes may be authorized by the Enforcing officer when such minor changes will not cause any of.the following circumstances to occur: a. A change in the character of the development; b. An increase in the ratio of the gross floor areas in structures to the area of any lot; c. in the intensity of use; d. in the originally approved separations between An increase in the problems of circulation, safety, and utilities; 5-9 5.6-6 f. An increase in the external effects on adjacent property; g. A reduction in the originally approved setbacks from property lines; h. An increase in ground coverage by structures; i. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; j. A change in the subject, size, lighting, flashing, animation or orientation of originally approved signs. Upon any conflict existing between the language contained herein regarding site plan requirements and any site plan ordinance of the City, more specific requirements shall apply. 5-10 5.7 5.7-1 5.7-2 COMMUNITY SERVICE - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "CS - COMMUNITY SERVICE District." PURPOSE AND INTENT - The "CS" Community Service District is designed to permit those institutional and related uses which are established in response to the educational, safety and welfare needs of the community. PRINCIPAL USES - In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. a. Public kindergartens, elementary and secondary schools, and private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. b. Higher education institutions: Junior and senior colleges, universities, conservatories and seminaries, offering curricula recognized by collegiate, academic and profes- sional organization accrediting boards. c. Museums, libraries, fine arts centers, and similar cultural facilities sponsored, operated or maintained for the benefit of the general public. d. Golf courses (except commercially operated minature golf courses and commercially operated golf driving ranges) on a site containing a total area of not less than forty (40) acres; parks, playgrounds, community centers and country clubs. e. Institutions, rehabilitation and training centers offering non-academic programs, when operated or sponsored by chartered educational, religious or philanthropic organiza- tions, but excluding uses such as trade schools, which are operated primarily on a commercial basis. f. Public safety facilities: civil defense operational centers, policy and fire stations and training facilities. g. utility buildings and structures: power sub-stations, water tanks and reservoirs, water and sewage treatment plants. h. Religious institutions: churches and facilities for worship, fellowship and education. 5-11 5.7-3 5.7-4 ACCESSORY USES - Any use may be established as an accessory use to any permitted principal use when it complies with the conditions for accessory uses as defined in this Ordinance. SPECIAL EXCEPTION USES - The following uses may be established only when authorized by the City. Any use accessory to the following may be permitted without specific approval provided it complies with the limitations of sub-section 5.7-3 above. a. Medical Care Facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. Must also comply with site plan requirements. b. Helistop or aircraft landing area for loading and unloading of passengers and air express. c. Cemetery uses. 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. 5-12 Location - Any cemetery, ated for the use thereof, ing minimum requirements c) When a public or community sewer system is avail- able, 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 sewage 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 accord- ance 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, pollution and associated matters. or any portion of land design- shall comply with the follow- 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. 5-13 b) Located not less than five hundred (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 Fencin~ 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 trespassers from entering said premises. b) Any additional fencing, screening, walls, landscap- ing, 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. 5-14 5.8 5.8-1 5.8-2 5.8-3 OFFICE - 1 - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "01 - Office One District." PURPOSE AND INTENT - This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for develop- ment of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings. USE REGULATIONS Land, buildings and structures may be used only for the purposes set forth in this section. More than one building per lot is permitted assuming requirements in other portions of this and other ordinances are still met. PERMITTED PRINCIPAL USES - Including but not limited to the following types of offices and related retail uses: a. Medical' (Outpatients Treatment Services Only: Physicians, Psychiatrists, Psychologists, Etc. Dentists Chiropractors Optometrists Podiatrists bo General Corporate headquarters [when used for office purposes only] Chamber of Commerce Real estate and insurance Accounting and tax preparation Law Architecture, engineering, planning and land survey Banking, finance and savings and loan Consumer and mercantile credit reporting, adjustment and collection services 5-15 Employment and stenographic services Utility offices and bill-paying services Advertising agencies Duplication and mailing services Interior design Securities and commodities brokers, dealers, underwriters and exchange offices Business holding and investment services Contractor's office provided no outside storage or display is permitted Travel bureau Computer services Management consultants Title companies Radio, recording and television broadcasting Community Uses - Public, semipublic and private parks, recreation and open space including: playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries, libraries and City Hall(s) and other uses of a similar nature and character. 5-16 5.9 OFFICE - 2 - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "02 - office Two District." The regulations for this district are identical to those for 01 excepting for building height. As shown in the Schedule of District Regulations, 01 permits only a two story building whereas 02 permits a six story building. 5-17 5.10 5.10-1 5.10-2 RETAIL - 1 - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "Ri - Retail One District." PURPOSE AND INTENT - This district is intended for a unified grouping, in one or more buildings, of several, typically five or more retail and service shops or stores that provide for the regular needs and are for the convenience of local residents. It is intended that the development within a district or tract be developed as a unit, with adequate off-street parking for customers and employees, with coordinated architecture, and with appropriate landscaping and screening to insure compatibility with adjacent land uses. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. 5.10-3 PERMITTED PRINCIPAL USES FOOD AND BEVERAGE Grocery Store Bakery Dairy Store Meat, Fish (Retail) Catering, Cafe Supper and Night Clubs Frozen Food Locker PERSONAL SERVICES Barber & Beauty Music, Dance, Art Health, Weight Travel Pet Grooming Laundry & Dry Cleaning Laundromat GENERAL MERCHANDISE Drug Store Jewelry & Watch Florist Landscape, Greenhouse Camera Department, Discount, Arts, Crafts, Hobby Household, Antique Paint Pet Bait & Tackle Hardware Bicycle Sporting Goods Service Station Variety 5-18 REPAIR Bicycle Clothing Repair, Alterations Locksmith Camera, Jewelry & Watch Household Appliance AUTOMOTIVE Car Wash Parts & Accessories Class, Mufflers, upholstery Auto Repair (Goodyear) 5-19 5.11 5.11-1 ETAIL - 2 - The regulations set forth in this section, or as ~et forth elsewhere in this ordinance when referred to in this section, are the regulations of the "R2 - Retail Two District." PURPOSE AND INTENT - This district is intended for a unified grouping, in one ur more buildings, of several, typically five or more retail and service shops or stores that provide for the regular needs and are for the convenience of local residents. It is intended that the development within a district or tract be developed as a unit, with adequate off-street parking for customers and employees, with coordinated architecture, and with appropriate landscaping and screening to insure compatibility with adjacent land uses. The regulations for this district are identical to the regula- tions for the R1 District excepting that the maximum building size permitted in R1 is 40,000 square feet whereas the maximum building permitted in the R2 District is 100,000 square feet. Retail facilities comprising an aggregate floor space in excess of 100,000 square feet must be permitted under the Planned Unit Development regulations contained in this ordinance. 5-20 5.12 5.12-1 5 ,2-_ 5.12-3 5.12-4 5.12-5 INDUSTRIAL - 1 - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "I-1 INDUSTRIAL ONE District." PURPOSE AND INTENT - This district is intended primarily for the conduct of light manufactuzing, assembling and fabrication, and for warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients but that may require good accessibility to major rail, air facilities or highways. This district is designed to upgrade industrial development standards, prevent industrial blight and protect light industrial development from incompat- ible residential and commercial uses. It is the intent of the City that from the date of this ordin- ance that heavy industrial manufacturing or processing activi- ties not be permitted within the C~y~ OUTSIDE STORAGE OR ACTIVITIES - No outside storage or work may be performed in this district. INDUSTRIAL ~A~{~ ~N~ LOT SIZE - It is the intent of the City that industrial development occur in industrial parks of at least five (5) acres. To that end, industrial districts must be henceforth at least five acres in size. Individual lots with individual ownership within a five acre industrial district may be less than five acres; but must comply with other sections of this ordinance. PERFORMANCE STANDARDS - USE REGULATIONS - Land, only See Performance Standards Appendix. buildings and structures may be used for the purposes allowed in this section. 5.12-6 PERMITTED PRINCIPAL USES Public utilities Advertising Vocational and Trade Schools Medical Service Facilities and Labs Office Showrooms Dry Cleaning, Dyeing, etc. Auction Gallery Animal Hospitals (Domestic Pets Only) Indoor Amusement Center Light Manufacturing and Assembly 5-21 5.13 5.13-1 5.13-2 5.13-3 5.13-4 5.13-5 INDUSTRIAL - 2 - The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "I-2 INDUSTRIAL TWO District." PURPOSE AND INTENT - This district is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients but that may require good accessibility to major rail, air facilities or highways. This district is designed to upgrade industrial development standards, prevent industrial blight and protect light industrial development from incompat- ible residential and commercial uses. It is the intent of the City that from the date of this ordin- ance that heavy industrial manufacturing or processing activi- ties not be permitted within the City. OUTSIDE STORAGE OR ACTIVITIES - Outside storage or work may be performed in this district. INDUSTRIAL PARK AND LOT SIZE - It is the intent of the City that industrial development occur in industrial parks of at least five (5) acres. To that end, industrial districts must be henceforth at least five acres in size. Individual lots with individual ownership within a five acre industrial district may be less than five acres; but must comply with other sections of this ordinance. PERFORMANCE STANDARDS - See Performance Standards Appendix. USE REGULATIONS - Land, buildings and structures may be used only for the purposes allowed in this section. 5.13-6 PERMITTED PRINCIPAL USES Ambulance Service Transportation Terminals Airports Storage Yards Animal Hospitals (large animals) Lumber & Building Materials Steam Cleaning Rental (vehicles & machines) ~orseshoe Service, Trade Schools Pest Extermination Self-Service Storage Ice Distribution Center utility Companies with outside storage Light Manufacturing and Assembly 5-22 5.14 OTHER APPLICABLE REGULATIONS - Any use not expressly authorized and permitted herein is exp£essly prohibited in these Dis- tricts. See the Schedule of District Regulations for maximum densities, lot size requirements, yard requirements, lot coverage requirements and the maximum height of buildings and structures. See Section 9 for off-street parking requirement and Section 10 for off-street loading requirements. See separate sign ordinance concerning permitted signs. Also see Appendix A.1 - Bufferyards for Bufferyard requirements. Also see Section 5.17 - Avigation Easement for requirements relating to areas impacted from aircraft noise. Also see Performance Standards Appendix regarding environmental performance require- ments. 5-23 5.15 PERMITTED ACCESSORY USES Agricultural Accessory Uses In "AG" District Only - Acces- a. ~ory buildings and structures clearly incidental to the above operations, including but not limited to barns, stables, equipment sheds, granaries, pump houses, water tanks and silos; but not including slaughter houses or processing of agricultural products, animals or poultry. b. Agricultural Accessory Uses In "RE" District Only 1. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal agricultural uses. 2. Private stables for the keeping of grazing animals, provided: a) Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or animals. b) Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises; and c) The minimum space area upon which such grazing animal(s) may be enclosed, including pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet per each grazing animal over 500 pounds and not less than five thousand (5,000) square feet for any other grazing animal. c. Residential Accessory Uses; In AG - RE - SF1, 2 & 3 1. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted residential uses. 2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, 5-24 and not operated as a business. Ail "at grade" swimming pools with a water depth greater than twenty-four (24) inches and "above grade" swimming pools having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by the Southern Building Code or any other building code adopted by the City,as amended, of such material and design to discourage unauthorized entry to the facility. Such pool(s) may be located in a side or rear yard, but not within a front yard, and shall not be located closer than five (5) feet to any side or rear property line. Lanais, gazebos, garden and patio shelters, and child- ren's playhouses, provided the privacy enjoyed by adjacent residential dwellings is not impaired. Non-commercial radio and television receiving antennae and non-commercial radio transmitting antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling or use facing a public street), and further provided no electrical, radio or television signal interference is created which would adversely affect such signals, whether audio or visual to nearby dwellings and other permitted uses. Required off-street parking and loading spaces. Home occupation uses, as defined by this ordinance - definitions - "Home Occupation Use". Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in conformance with Section 7. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing these structures are located on and within the same tract or subdivision of land being developed for sale. Accessory buildings or uses customarily incidental to any permitted principal use shall be permitted and all outside storage areas shall be suitably screened in conformance with subsection 7.20, Screening Regulations. 5-25 5.16 5.16-1 SPECIAL EXCEPTION USES In order to allow for certain uses which, because of the unique or unusual character thereof, cannot be unconditionally permitted in these districts, yet would or could be an appropriate or compatible use under certain controlled circumstances and locations, the City Council after a public hearing and recommendation by the Planning and Zoning Commission and holding itself a public hearing may, authorize and grant the issuance of a "Special Exception" for the following special exceptions, contingent upon reasonable and appropriate conditions and safeguards, including the length of time thereof, when appropriate, so as to properly protect any adjacent property, use, or neighborhood character, as well as insure the appropriate conduct of the special exception use of the land or buildings granted. If the special exception use desired is not included in the following, the provisions of Section 14 Amendments must be met. In "AG", "RE", "SF-1, 2, 3" DISTRICTS a. Public and parochial/private schools, not including correct- ional institutions or trade schools. b. Churches, temples, synagogues and other similar buildings of worship, and have direct access to a throroughfare or collector street. c. Public, semi-public and private golf courses together with related clubhouse, pro-shop and maintenance/storage build- ings, provided no building is located closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right-of-way line. d. Children's nurseries, child day-care centers and kinder- gartens when a part of the main or accessory building of a church, temple or synagogue, provided exterior open instr- uctional or play areas are suitably fenced from any adjacent street or parking area or any adjacent property. e. Temporary roadside stand for the seasonal sale of fruit, vegetables and produce raised or grown on the premises, provided that any such stand shall be set back not less than fifteen (15) feet from the adjacent street right-of-way and adjacent property lines, and further provided said stand shall be removed when the seasonal use shall cease. (Not in SF or RE Districts.) 5-26 f. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and controlled as not to create offensive nuisances or odors. (Not in SF or RE Districts.) g. Dude ranches catering to temporary guests housed on the premises. (In "AG" only.) h. Colleges, junior colleges or other similar institutions of higher learning, whether public or private, when located on a site 6f at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. i. Archery ranges, provided that when such facilities are enclosed no target shall be closer than fifty (50) feet to any property line and that a solid fence, wall or other suitable shield shall be maintained behind each target. The direction of shooting shall be away from any residential dwelling, park, school, church or other place of public assembly, animal pen or horse corral. (In "AG" only.) j. Marina or yacht club, whether private or public. (In "AG" only.) k. Community centers and service clubs dedicated to social or recreational activities serving the City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty (30) feet from all side and rear property lines and forty (40) feet from any street line. The total ground floor area of all such buildings and structures shall not cover more than twenty-five (25) percent of the site area devoted to such facilities and activities. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector street. Fish hatcheries and fish farms. (In~"AG" only.) Convents, monasteries, and other high density religious living quarters when accessory to a church, temple or synagogue. Public governmental buildings limited to police stations, fire stations, community health centers, neighborhood community centers and recreation buildings, libraries, museums, postal stations and administrative offices of federal, state or municipal government. 5-27 Servants or family quarters for domestic servants employed on the premises or family members of the owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross habitable square feet of floor area shall not exceed one thousand (1000) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principle dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principle dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principle dwelling. All utilities must be on the same meter as the principle dwelling. A separate septic system from the principle dwelling is required if the quarters are housed other than in the principal dwelling. Temporary real estate sales office, located on property being sold and limited to period of sale, but not exceeding two years without special extension from the Zoning Board of Adjustment. 5.16-2 IN OFFICE AND RETAIL DISTRICTS a. Public and parochial/private schools, not including correct- ional institutions or trade schools. Colleges, junior colleges or other similar institutions of higher learning, whether public or private, when located on a site of at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of fifty (50) feet from all property lines. c. Hospitals when located on a site of not less than (5) acres. 5.16-3 IN INDUSTRIAL DISTRICTS a. Sales and service of new or used automobiles, trucks or motorhomes. 5-28 AVIGATION EASEMENT - Certain geographical areas within the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at DFW International Airport. It is the intent of the City of Southlake that prospective buyers or tenants of undeveloped or developed property located in areas that may be adversely affected by DFW flight operations be fully aware of that potential before signing a purchase or rent agreement. Those areas are shown on the Recommended Land Use Map on display at City Hall, or on maps published by the Airport. A copy of that map is also on display at City Hall. Areas shown on the land use map indicating a required Avigation Easement or with in Noise Zones B & C on the DFW Airport map are subject to the following requirements: The City of Southlake henceforth requires that all residential or non-residential subdivision plats submitted to the City of Southlake for review, approval and eventual filing in Tarrant County Plat Records contain an avigation easement dedication. That easement shall appear on the plat instrument and shall be clearly legible. Wording for the easement appears on the following page. Additionally, the "noise contour" lines and their potential effect as stated on published maps shall be displayed on plats when all or any portion of platted property is within noise contours "B" or "C". Platted property within 1000 feet of the "B" countour line shall contain information showing general distance and direction to the nearest point on the contour. 5-29 AVIGATION E~E~ENT AND RELF~SE THE STATE OF TEXAS ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, hereinafter called "Owner" (whether one or more), is the owner of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly described hereon for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owner(s) do(es) hereby wiave, release, quitclaim, and forever hold harmless the City of Southlake, Texas, a municipal corporation, hereinafter call "City", from any and all claims for da~ge of any kind that Owner(s) may now have or may herein- after have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereinafter, invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Owner's property, as hereon before described, and above the surface of Owner's property such noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort Worth International Airport; and Owners do hereby fully having remiss, and release any right or cause of action which it may now have or which it ~y in the future have against the City, whether such claim be for injury to person or da~u~ge to property due to noises, vibration, fumes, dust, fuel and lubricant particles, and all the other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. It is agreed that this release shall be binding opon the Owner, their heirs and assigns, and successors in interest with regard to said property located in or in the extraterritorial jurisdiction of the City of Southlake, Tarrant County, Texas, and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. Executed this day of , A.D., (0wner) (Proper Acknowledgment) 5-30 6.2 APPENDICES - The City Council may issue supplementary auxiliary regulations by ordinance or motion and may include then in this ordinance as appendices. Contemplated or already in existence at the writing of this ordinance are the following regulations that may be applicable to proposed development and may or may not be included as an appendix to this basic ordinance: a. Control of sales of alcoholic beverages. b. Site Plans required for all non-residential developments. c. Masonry exteriors required on certain buildings. d Highway, Farm to Market Road and Thoroughfare Setbacks. e. Subdivision Ordinance. Bufferyards Required between certain pairings of zoning classifications. g. Separate Sign Ordinance. h. Animal Control that regulates the number and reason for housing animals in certain areas. 6-2 SECTION 7 -SUPPLEMENTARY DISTRICT REGULATIONS 7.1 7.2 7.3 FENCES, WALLS, HEDGES - Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to naturally impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersection streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines thirty-five (35) feet from the point of the intersection. b. At Interior Lots - On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or highway, driveway from or to adjacent private property. USE OF BARBED WIRE OR ELECTRIC FENCES a. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities. b. Electric Fences Electric fences and fence charging devices (UL approved only) are allowed only in conjunction with agricultural and related activities for the purposes of containing horses and livestock, or for the security of crops grown on the premises, and shall be plainly labeled for ease of identification. ACCESSORY BUILDINGS - The following regulations shall govern the location and use of any accessory building: a. No accessory building shall be erected closer than five (5) feet to a property line located in the rear yard. b. No accessory building shall be erected within ten (10) feet of any other building, except that detached residential garages may be located within five (5) feet of the main Dwelling. c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has 7-1 7.4 7.5 actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only as in compliance with individual district regulations. TEMPORARY BUILDINGS - Temporary buildings used in conjunction with construction work may only be permitted in any district during the period that the construction work is in progress; but such temporary buildings shall be promptly removed within fifteen (15) consecutive days upon completion of the construc- tion work and issuance of a "certificate of occupancy." ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT - Unless 7.6 7.7 otherwise specifically permitted in this ordinance, no more than one principal structure may be erected on a single lot. BUILDINGS CONSTRUCTED ACROSS LOT LINES - No building may be constructed across existing platted lot lines unless a replat is filed and approved in accordance with applicable regulations of the City. EXCEPTIONS TO HEIGHT REGULATIONS Schools, publicly owned buildings and institutions may be erected to a height not exceeding eighty-five (85) feet in any district in which they are permitted, provided front and rear yards are increased in depth and side yards increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located, and further provided that adequate municipal fire fighting equipment is available to accommodate the additional height. bo Height regulations prescribed elsewhere in this ordi- nance shall not apply except as may be applicable to sub-section 7.7.d. to grain elevators, commercial television and radio towers, church spires, belfries, cupolas, anten- nas, water tanks, ventilations, chimneys, fire towers, stage towers, scenery lofts, cooling towers, ornamental towers, monuments, conveyors, fuel storage tanks, asphalt and concrete mix batch plant equipment, flag poles, or other appurtenances usually required to be placed above the roof leuel and not intended for human occupancy. Height of such facilities is subject to approval by City Council or designated parties. Co Limitations on number of stories shall not apply to build- ings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. 7-2 The permitted height of any occupied building shall be further restricted to the capability of the local or available fire fighting equipment to adequately handle any such building height. 7.8 PROJECTIONS OF BUILDINGS, STRUCTURES AND APPURTENANCES INTO 7.9 REQUIRED YARDS Se Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four (4) feet from the side wall line, above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance of at least eleven (11) feet from any adjacent side lot line. Such features may not project into a required front or rear yard more than eight (8) feet from the front or rear wall line. be An uncovered, unenclosed porch projecting into the front yard setback may not be more than eighty (80) square feet or project into the front yard setback for a distance of more than five (5) feet. Ce Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projec- tions of sills, belt courses, cornices and ornamental features not exceeding twelve (12) inches. Roof eaves may project in required side yards not to exceed twenty-four (24) inches. Gasoline filling station pumps and pump islands may be loc- ated or project into a required yard provided they are not less than twenty-five (25) feet distance from any street, highway or alley right-of-way line, and not less than fifty (50) feet distance from any residential property line. MINIMUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE 7.10 Where an open space is more than fifty (50) percent surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story and one and one-half story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three or more story buildings. BUILDINGS AND STRUCTURES TO HAVE ACCESS - Every building or structure hereafter erected or moved shall be on a lot adjacent to a public street, so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. 7-3 7.11 PARKING AND STORAGE OF VEHICLES: GENERAL so In order to avoid the unsightly visual impact and clutter of indiscriminately parked or stored junked and/or abandoned vehicles so as to promote and maintain a desirable aesthetic appearance of the City, no motor vehicles or trailers of any kind or type without current state license plates, where required, shall be parked or stored on any lot or parcel unless compliance with at least one of the following provisions are met: 1) Such vehicle(s) or equipment is contained within an enclosed garage or other accessory building. 2) Such vehicle(s) or equipment is adequately screened or separated by substantial distance from view from any adjacent public street, highway or adjacent property, provided such screens, parking or storage area is behind the nearest portion of a principal building to a street or highway. 3) Farm and ranch vehicles and equipment, when used in conjunction with farm and ranch activities conducted on the premises, are not considered applicable to the provisions of this paragraph 2). No commercial vehicle or trailer (exclusive of pick-up trucks and carry-all van trucks), when used in the employ by the site occupant of a dwelling, may be parked on a resi- dentially zoned lot. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial dis- trict; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. Required off-street parking and loading spaces shall be located on the same lot with the building or use served, except as otherwise allowed in Section 9 and Section 10 of this ordinance. e. No overnight on-street parking of commercial vehicles is permitted in districts zoned residential. No standing of private or commercial vehicles, trailers, or equipment shall be permitted on any streets, roads, or public rights-of-way for a period exceeding 72 continuous hours. g. Where on-street parking is permitted it shall be parallel parking. 7-4 7.12 7.13 PARKING AND STORAGE OF MAJOR RECREATIONAL EQUIPMENT - Major recreational (motor homes, travel trailers, campers for pickups and trucks, boats and trailers, motorcycle trailers, etc.) equipment shall not be parked or stored on any residential or agricultural lot except when in conformance with one of the following provisions: a. Such equipment shall be wholly contained in an enclosed garage or carport. When such equipment is not parked or stored in accordance with paragraph a. above, then one of the following require- ments shall be met: i) Such equipment shall be parked or stored behind the nearest portion of a dwelling to the adjacent street or highway and upon an appropriate driveway; or 2) Where the dwelling has a building setback of fifty (50) feet or more from any adjacent public street or highway, then such equipment may be parked or stored on an appropriate driveway in front of the dwelling, not closer than thirty (30) feet to said street or highway. Such equipment may, however, be parked anywhere on a residential or agricultural premise not to exceed twenty-four (24) hours for the purposes of loading and unloading only. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential or agricultural lot, nor in any location not approved for such use. FRONT YARD ADJUSTMENTS - Front yard requirements as established in Section 5 - Schedule of District Regulations - may be adjusted in the following cases (providing there is no conflict with future street or highway right-of-way requirements): ae Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less) a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings. 7-5 7.14 Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then: 1) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or 2) Where a building is to be erected on a parcel of land that is within one hundred (100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent buildings. Interior lots abutting on two streets shall provide the required front yard on both streets. On corner lots, a front yard shall be provided on each street frontage except for lots of record. e. Front yard requirements in all districts adjacent to an existing or proposed major thoroughfare or secondary thoroughfare street, as designated in the City's latest Comprehensive Plan, shall be measured from such existing or proposed major thoroughfare or secondary thoroughfare street right-of-way line. f. No building or structure adjacent to a State or Federal numbered highway, including the frontage/service roads thereof, shall be located or erected closer than fifty (50) feet from any such right-of-way. Said fifty (50) feet front yard may, however, be used for off-street parking, drive- ways, and permitted signs, canopies, and pump islands of gasoline service stations. This provision is subject to considerable modification with respect to highways and farm-to-market roads as it relates to future right-of-way requirements. SIDE YARD ADJUSTMENTS - Side yard requirements as established in Section 5 - Schedule of District Regulations and in Buffer Yard Appendix - may be adjusted in the following cases: Commercial buildings used in part for dwelling purposes (hotel, motel, and other approved temporary quarters), where permitted, shall provide side yards not less than five (5) feet in width unless every dwelling unit therein opens directly upon a front yard, rear yard or courtyard. 7-6 7.15 7.16 7.17 7.18 b. Whenever a lot of record at the time of the effective date of this ordinance has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall such width be less than four (4) feet. c. On corner lots of record the yard adjacent to the side street shall not be less than fifty (50) feet. REAR YARD ADJUSTMENTS - Rear yard requirements as established in Section 5 - Schedule of District Regulations and in Buffer Yard Appendix - may be adjusted in the following cases: a. Where a lot abuts an alley, one-half (1/2) the alley width may be considered as part of the required rear yard. LOT AREA PER FAMILY ADJUSTMENTS - Lot area per family (dwelling unit) requirements as established in Section 6 Schedule of District Regulations - shall be adjusted in the following cases: a. Where a lot of record or a lot in a subdivision which the Planning and Zoning Commission and City Council have officially approved and agreed to accept at the time of the effective date of this ordinance has less area or width than herein required in the district in which it is located, said lot may nonetheless be used for a residential or non- residential use, whichever applicable, in the district in which it is located. b. Where the conditions relevant to subsections 7.17 and 7.18 exist, then the provisions of said subsections shall prevail regarding lot size adjustments. HEALTH REGULATIONS: WATER SUPPLY - If the permitted use is not to be immediately served by an approved municipal water utility or from an approved source on the lot, occupancy shall be prohibited and no "certificate of occupancy" issued until such domestic water is available and serviced from such approved municipal water utility or approved on-premise lot source. Such water supply shall be provided in adequate and sufficient supply and quality for human use and consumption, and for operation of an on-premise septic tank and system if no come,unity or public sewer system is available. Individual water supply and piping requirements shall be in conformance with the City's Plumbing Code, and the 10t size increased to an appropriate size, if required, to prevent contamination from any sewage disposal system. HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public 7-7 7~19 7.20 sewage facility, then such use shall be connected to an approved on-premise septic tank and subsurface drainage field designed and constructed in conformance with the methods and standards approved by the State Department of Health and City's Plumbing Code. Where the use of an on-premise septic tank and subsurface drainage field is to be employed, the minimum lot size must be one acre per family or residence and must be deemed appropriate by the City Council of the City of Southlake. All lots to be served by a private or septic system must have that system installed in accordance with applicable city ordinances. (Occupancy of any building or structure shall be prohibited and no "certificate of occupancy" issued unless the provisions of this subsection and of subsection 7.17 are fully complied with.) PLATTING OF PROPERTY NOT PROPERLY ZONED - The City Planning and Zoning Commission shall not recommend approval of any plat of any residential or non-residential subdivision within the City, or within its extraterritorial properties, unless and until the area covered by the proposed plat is or shall be zoned to the proper zoning classification by the City Council, after recom- mendation from the City Planning and Zoning Commission. A public hearing by the City Planning and Zoning Commission on a proposed annexation, zoning classification and plat approval, or any combination thereof, may be held simultaneously. SCREENING REGULATIONS In cases where the buffer yard require- ments do not apply, the following regulations shall apply: In order to conserve and protect the value of adjacent land and buildings, the following regulations are prescribed for the location, type and height of required screening elements: a. Residential Districts: 1) Fences, walls and dense landscaped hedges or plantings are permitted in any residential district as a screening element; however, such screening element shall conform to the regulations set forth in subsections 7.1 and 7.2 of this ordinance. 2) Non-residential uses in a residential district shall be solidly fenced from view of any adjacent residential lot or dwelling use along the side and rear property lines of such non-residential use to a height of eight (8) feet. Said screening requirements shall not be manda- tory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. 7-8 3) Off-street loading areas shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use. b. Non-Residential Districts: 1) Fences, walls and dense landscaped hedges or plantings are permitted in any non-residential district as a screening element; however, such screening elements shall conform to the regulations set forth in subsec- tions 7.1 and 7.2 of this ordinance. 2) Where a non-residential use or multi-family use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced by the non-residential use so as to obscure the view from the residential lot, use or district to the non-residential use to a height of eight (8) feet. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3 1/2) feet. 3) Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitably screened densely landscaped hedge or planting, fence, or wall of six (6) feet in height. 4) In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of sufficient height to screen stored material from view but not to exceed ten (10) feet in height. 5) Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent land use. c. Screenin~ Standards: 1) Screening, as herein referred, shall mean any of the following: 7-9 2) 3) a) Any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty (30) percent open; or b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street, alley or driveway. Landscaped earth berms may, when appropriate in scale, be used as a screening element in lieu of a fence, wall, hedge or other dense planting material. 7-10 8.1 SECTION 8 - SIGN REGULATIONS PURPOSE AND INTENT - The purpose of these regulations is to create a comprehensive and harmoniously balanced system of visual communication throughout the City while at the same time promoting the public safety, welfare and efficient transfer of sign messages information. All signs must be in accordance with the Federal Highway Beautification Act adopted by the City of Southlake as Ordinances 161-68 and 161-70, and other applicable ordinances and statutes of the State of Texas. The intent of these regulations is to permit the use of signs which: a. Are compatible with their surroundings and appropriate to the type of land use activity to which they pertain: Enhance the aesthetic appearance and economic value of the landscape through regulations designated to avoid competi- tion with scenic views and vistas within the City; c. Express the identity of the individual proprietors of the community as a whole; Regulate the number, size and illumination level of signs to avoid visual clutter, conflict and confusion in reading sign messages so as to promote the legibility of signs in the circumstances in which they are seen and observed; and Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see and identify pedestrians, obstacles, other vehicles, or to read traffic and directional signs. 8-1 9.1 9.2 9.3 SECTION 9 - OFF-STREET PARKING REQUIREMENTS PURPOSE AND INTENT - The purpose and intent of these regulat- ions are to secure safety from fire, panic and other dangers; to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end in all zoned districts, there shall be provided at the time any use is established or expanded, or any building or structure is erected or structurally altered (except as otherwise provided elsewhere in this section), minimum off-street parking in conformance with the requirements established herein. Except as specif- ically contained herein, no vehicles may park on city streets or in front yards. LOCATION OF PARKING SPACES - Ail parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from an institutional or other non-residential building served. Up to 50 percent of the parking spaces required for theatres, public auditoriums, bowling alleys, dance halls, night clubs, or cafes, and up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, services establishments and similar uses not normally open, used or operated during the same hours, provided, however, that written agreement thereto is properly executed and filed as specified below. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit. c. No required off-street parking space shall be located within any public highway, street or alley right-of-way. COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS - In computing the minimum size and area of parking spacus and parking areas, the following rules shall govern: 9-1 9.4 9.5 Parkin~ Space Size - No parking space shall be less than 9 feet in width by 18 feet in length for head-in parking and 8 feet by 22 feet for parallel parking; provided up to 10% of the spaces required can be designated for compact autos. Parking space sizes of 10 feet by 20 feet are, however, encouraged where parking turnover rates would be higher than for normal long term low turnover parking lots and areas. Parkin~ Area Size - The minimum amount of parking area (excluding "in garage" space but including parking space, drives and turnarounds) required per car space for uses permitted in this ordinance shall be computed as follows: 1) Residential Uses: 300 square feet per car; 2) Non-Residential Uses: 350 square feet per car. TYPE OF PARKING SURFACE REQUIRED - Ail surface areas upon which vehicles are parked or stored shall be of an all weather surface material and constructed in accordance with applicable codes for asphalt or concrete. RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES - In computing the number of parking spaces required, the following rules shall govern: a. "Floor Area" shall mean the gross floor area of the specific use. b. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the City Planning and Zoning Commission. Whenever a building or use constructed or established after the effective date of this ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase of 10 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement of new total. Whenever a building or use existing prior to the effective date of this ordinance is enlarged to the extent of 25 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 9-2 9.6 NUMBER OF OFF-STREET PARKING SPACES REQUIRED - The minimum number of off-street parking spaces required for residential and nonresidential uses shall be in conformance with the following: a. Residential Uses: (Note: Some residential uses shown below are not permitted.) 1) Single Family Detached Dwellings: 2 spaces per dwelling units exclusive of "in-garage" parking. 2) Fraternity or Sorority House: 1 space per each bed. 3) Boarding House or Rooming House: 1 space per each bed or individual sleeping room. 4) Nursing, Rest or Convalescent Home, Home for the Aged, Senior Citizens Apartment Dwelling, or Other Similar Dwelling or Institution: 1 space per each 3 beds or 1 space per individual sleeping unit, whichever is greater. b. Non-Residential Uses: 1) Schools: a) Elementary: 1 space for each classroom or teaching station, plus 1 additional space for each 4 seats in any auditorium, gymnasium, or other place of assembly, whichever is greater. b) Junior High/Middle School: Same requirements as for elementary schools. c) High School: 1 space for each classroom or teaching station, plus 1 additional space for each 3 stu- dents accommodated in the school. d) College or University: Same requirements as for high schools. e) Day Care Centers or Kindergarten: 1 space per each 5 pupils accommodated, plus sufficient space to accommodate off-street circulation for pickup and delivery of children by auto. Churches and Places of Worship: One (1) space for each three (3) seats in the main sanctuary or auditorium. 9-3 3) Other Institutions a) b) c) and Special Uses: Hospital, General Acute Care: 1 space per each bed. Hospital, Chronic Care: 1 space per each 3 beds. Foster Home: 1 space per each 10 pupils or resid- ents. e) Institutions of a Philanthropic Nature: 10 spaces plus 1 space for each employee. 4) Community Facilities: a) Art Gallery or Museum: 1 space per each 1,000 square feet of floor area. b) Library: 1 space per each 150 square feet of floor area. c) Community Center (public or private): 1 space per each 100 square feet of floor area. d) Meeting Rooms and Places of Public Assembly: 1 space per each 3 seats. e) Lodge or Fraternal Organization: 1 space per each 200 square feet of floor area. 5) Personal Service and Retail Uses: a) Personal Service Shop or Establishment: each 200 square feet of floor area. 1 space per b) Mortuary/Funeral Home: 1 space per each 50 square feet of floor area in "slumber rooms," parlors, and individual service rooms, or 1 space per each 2 seats accommodated in a chapel area, whichever is greater. c) Furniture Stores and Appliance Stores: each 400 square feet of floor area. 1 space per d) Gasoline Service Stations: Minimum of 6 spaces. e) Retail Stores or Shops: 1 space per each 200 square feet of floor area. f) Open (Outdoor) Retail Sales: 1 space per each 600 square feet of open site area utilized, exclusive of buildings. 9-4 6) Office, Professional or Financial Uses: (For all categories listed under this heading, a minimum of eight spaces shall be provided for the first 1000 sq. ft.) a) Banks, Savings and Loan, or Other Similar Financial Establishments: 1 space per each 300 square feet of floor area. b) Doctor's Offices and Medical Clinics: 1 space per each 150 square feet of floor area. c) Veterinarian Offices or Clinics: 300 square feet of floor area. 1 space per each d) Offices, General: 1 space per each 300 square feet of floor area. e) Dance, Music, Display or Drama Studios: 1 space per each 200 square feet of floor area. f) Business, Trade or Craft School: 1 space per each 3 students in attendance at peak time of day. g) For mixed retail and office uses, the parking requirements shall be based on the space allocated for the various uses; and shall use the parking requirements for those uses. 7) Transient Lodging Uses: a) Hotel, Motel, or Dude Ranch: 1 space per each room, unit or guest accommodation plus specific require- ments for restaurants, cocktail lounges, and related facilities prescribed elsewhere in this section. b) Seasonal Camp or Cabin: 1 space per each sleeping unit or cabin. 8) Eating and Drinking Establishments: a) Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating arrangement, or 1 space per each 100 square feet of floor area, whichever is greater. b) Drive-in Eating and Drinking Establishments: 12 spaces plus 1 space per each 50 square feet of floor area. c) Cocktail Lounges, Taverns and Similar Establish- ments: 1 space per each 100 square feet of floor area. 9-5 10) 9) Social, Recreation and Entertainment Uses: a) Commercial Amusement Establishments: each 100 square feet of floor area. b) Bowling Alley: 6 spaces per c) Private Club or Night club: square feet of floor area. d) Theatre: 1 space per each 3 seats. e) f) g) h) 1 space per each bowling lane. 1 space per each 100 Country Club: 1 space per each 100 square feet of floor area, exclusive of locker rooms and bath- houses. Recreation Club or Area, Private: 1 space per each 100 square feet of floor area. Golf Course: 5 spaces per each green. Sports Arena, Stadium or Gymnasium: 1 space per each 3 seats or bench seating spaces. Industrial Uses: One (1) off-street parking space required per square feet of under-roof area. 1000 9.7 PARKING FOR THE HANDICAPPED - Ail parking shall meet state, federal and other applicable requirements with respect to parking for the handicapped. 9.8 NO REPAIR WORK - The parking area shall be used for passenger vehicles only and in no case shall it be used for sales, repair work, storage, dismantling or service of any vehicles, equipment, materials or supplies. 9-6 SECTION 10 - OFF-STREET LOADING REQUIREMENTS 10.1 PURPOSE AND INTENT - The purpose and intent of these regulations are to secure safety from fire, panic and other dangers, to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end, in all zoned districts where applicable, there shall be provided at the time any use is established or expanded, or any building or structure is erected or structurally altered (except as otherwise provided elsewhere in this section), minimum off-street loading in conformance with the requirements established herein. 10.2 LOCATION OF LOADING SPACES - Off-street loading spaces shall be provided and maintained for all retail, office and indus- trial uses and structures for receiving and loading merchandise, supplies and materials within a building or on the lot or tract adjacent thereto. Such spaces may be adjacent to a public alley or private service drive or may consist of a truck berth within a building or structure; however, no portion of the off-street loading space (including turn-arounds) shall be located within or extend into any public street, highway or alley right-of-way. 10.3 COMPUTATION OF OFF-STREET LOADING SPACE SIZES - At least one-half of the required off-street loading ~paces or truck berths shall have a minimum dimension of 10 feet by 50 feet each and the remaining required spaces or berths shall have a minimum dimension of 10 feet by 25 feet each - exclusive of turnaround and maneuvering space. 10.4 TYPE OF PARKING SURFACE REQUIRED FOR LOADING SPACES - All surface areas upon which vehicles and trucks are parked during 10.5 unloading and loading operations shall be of a dust-free hard surface material. RULES FOR THE COMPUTATION OF OFF-STREET LOADING SPACES so No building, structure or part thereof used for non-residen- tial purposes in any office, Retail or Industrial District shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this section. No building, structure or part thereof used for non-residen- tial purposes in the Industrial Districts shall hereafter be enlarged or extended to provide a gross floor area of 25,000 square feet or more unless off-street parking is provided in accordance with the provisions of this section. 10-1 10.6 NUMBER OF OFF-STREET LOADING SPACES REQUIRED - The minimum number of off-street loading spaces required shall be in conformance with the following schedules: a. Retail and Office Uses: be Sq. Ft. of Floor Area In Building or Structure 0 to 9,999 10,000 to 49,999 50,000 to 99,999 100,000 to 199,999 Each Additional 100,000 Hotels/Motels, 1 Restaurants and Similar Establishments: Sq. Ft. of Floor Area In Building or Structure 0 to 49,999 50,000 to 149,999 150,000 to 299,999 300,000 to 499,999 500,000 to 999,999 Each Additional 500,000 Industrial Establishments: Sq. Ft. of Floor Area In Building or Structure 0 to 9,999 10,000 to 24,999 25,000 to 49,999 50,000 to 99,999 100,000 & up Minimum Number of Off-Street Loading Spaces or Berths Required None 1 2 3 Additional Minimum Number of Off-Street Loading Spaces or Berths Required None 1 2 3 4 1 Additional Minimum Number of Off-Street Loading Spaces or Berths Required 2 3 4 Minimum 1 per 15,000 s.f. Minimum 1 per 20,000 s.f. 10-2 10.7 DEVELOPMENT STANDARDS - a. The off-street loading facilities shall be located on the same lot as the structure they are primarily intended to serve. b. No loading space shall be located closer than 100 feet from any other lot unless within a building or surrounded on three sides by a wall at least ten (10) feet in height. c. No off-street loading facility may bae used for sales, repair work, storage, dismantling or servicing of any vehicles, equip- ment, materials or supplies. 10-3 SECTION 11 - ADMINISTRATION AND ENFORCEMENT: BUILDING PERMITS AND CERTIFICATES OF OCCUPANu~ 11.1 11.2 11.3 ADMINISTRATION AND ENFORCEMENT - An administrative official designated by the City Council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons or consultants as the City Council may direct. If the administrative official shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person, according to the City's records, who owns the tract of land, upon which the use is located, indicating the nature of the violatioh and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. BUILDING PERMITS REQUIRED - No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance, unless he receives a written order from the Zoning Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this ordinance. APPLICATION FOR BUILDING PERMIT - Ail applications for building permits shall be accompanied by plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of build- ings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with and provide"for the enforcement of this ordinance. The copy of the plan shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original plan, similarly marked, shall be retained by the administrative official. 11-1 11.4 11.5 EXPIRATION OF BUILDING PERMIT - If the work described in any building permit has not begu~ within four (4) calendar months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the administrative official; and written notice thereof shall be given to the original applicant at the address given in such application. If the work described in any building permit has not been completed within two years of the date of issuance or extension thereof, said permit shall expire and be cancelled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. CERTIFICATE OF OCCUPANCY REQUIRED: FOR NEW, ALTERED, CHANGES IN USE - It shall be unlawful to use or occupy or permit the use o6 11.6 occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this ordinance, as well as ordinances relating to the health laws, building code and electrical and plumbing codes. a. A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during the alterations or partial occupancy of a building pending its completion, provided that such tempor- ary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. b. The administrative official shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person. c. Failure to obtain a certificate violation of this ordinance and of this ordinance. CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PERMITS AND CERTIFICATES OF OCCUPANCY - Building permits of occupancy shall be a punishable under Section 17 PLANS, or certificates of occupancy issued on hhe basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this ordinance and punishable as provided by section 17 hereof. 11-2 12.1 12.2 12.2.1 12.2.2 SECTION 12 - SCHEDULE OF FEES, CHARGES AND EXPENSES 12.2.3 12.2.4 12.2.5 12.2.6 12.2.7 12.2.8 SCHEDULE OF FEES, CHARGES AND EXPENSES - The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for the administration, review and pro- cessing of applications regarding the issuance of building permits, certificates of occupancy, zoning change requests, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the administr- ative official, and may be altered or amended only by the City Council. This schedule shall be reviewed at least annually by the City Council. FEES REQUIRED - Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any applica- tion or appeal. The fees shall not be refundable. Fees will be required for the following items: Application Regarding a Change of Zoning District Boundaries, or Classifications Text of the Zoning District Regulations. Application for a "Certificate of Occupancy" for Non-conforming Structures. Application for an Appeal and Hearing to the Zoning Board of Adjustment. Annexation of Property by Formal Petition: utility fee per lot. Building Permits for Valuations Exceeding $100. Sign Permits: As specified in Ordinance 161-70, or other appropriate ordinances. Moving of Buildings or Structures: As specified in Ordinance No. 100. Demolition of Buildings or Structures: As specified by Ordinance. 12.2.9 Special Exception Use Filing Fee. 12.2.10 Impact Fees 12-1 13.1 13.2 SECTION 13 - BOARD OF ADJUSTMENT: PROCEDURE ESTABLISHMENT - A Board of Adjustment is hereby established which shall consist of five members and two alternates to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years. In making such appointments, the City Council shall name one appointee as Chairman and one as Vice-Chairman. After the appointment of the original members and alternates thereof, all vacancies occurring on the Board of Adjustment shall be filled by appointment of the City Council. Members and alternates of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member or alternate affected. POWERS AND DUTIES - The Board of Adjustment shall have the following powers and duties: a. Administrative Review - To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance. b. Variances: Conditions Governing Applications: Procedures To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until: 1) A written application for a variance is submitted demonstrating: a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 13-1 c) That the special conditions and circumstances do not result from the actions of the applicant; d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 2) Notice of public hearing shall be given at least fifteen (15) days in advance of public hearing as in zoning actions. 3) The public hearing shall be held. Any party may appear in person, or by agent or attorney. 4) The Board of Adjustment shall make findings that the requirements of Section 13.2 b. have been met by the applicant for a variance. 5) The Board of Adjustment shall further make a finding that the reasons set forth in the application.justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 6) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conform- ity with this ordinance, violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 17 of this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of %bls ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district. c. Decisions of the Board of Adjustment - In exercising the above mentioned powers, the Board o~ Adjustment may, so 13-2 13.3 13.4 long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have powers of the administrative official from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance. PROCEEDINGS OF THE BOARD OF ADJUSTMENT - The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other time as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. All cases to be heard by the Board of Adjustment shall always be heard by a minimum of four (4) members. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City and maintained by the City Secretary. APPEAL PROCEDURES a. Any person or persons, or any board, taxpayer, department, commissions or agency of the City aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record of such decision, and under the time limit specified with Article 1011g(j), V.A.C.S. If no appeal has been taken from the Zoning Board of Adjustment ruling within the time limit specified under the above mentioned Article, the Board's ruling shall be final. b. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative official, and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Administrative Official, and that recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided by law. c. It is further the intent of this ordinance that the duties of the City Council in connection with this section shall 13-3 13.5 not include hearing and deciding questions of interpretation and enforcement that may arise. Under this ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or changes, or the repeal of this ordinance, as provided by law. d. Appeals to the Board of Adjustment concerning interpretation of administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the govern- ing body of the City affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed 60 days, or such lesser period as may be provided by the rules of the Board of Adjustment specifying the grounds thereof. The administra- tive official shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. STAY OF PROCEEDINGS - An appeal stays all proceedings in furtherance of the action appealed from, unless the administra- tive official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjust- ment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown. 13-4 SECTION 14 - AMENDMENTS TO THE ZONING ORDINANCE 14.1 PROCEDURES AND REQUIREMENTS a. Any person or corporation or group of persons owning an interest in any real property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordinance or the Planning and Zoning Commission or the City Council may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. b. The City Council may from ~ ~ to time amend, supplement, or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement, or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report. c. The Planning and Zoning commission, or a committee thereof, shall hold a public hearing on any application for any amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, or a committee thereof, on a proposed amendment, supplement, or change shall be sent to all owners of real property lying within two hundred (200) feet of the property for which the change is requested, and notice shall be sent to all property owners within a platted subdivision of the property in question. Such notice shall be given not less than fifteen (15) days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post office to such property owners as the ownership appears on the last approved City tax roll. d. An official Public Hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the City of Southlake and prominently posted at City Hall. Furthermore, the Administrative official is directed to cause a sign to be placed upon the property clearly visible to passersby which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least 15 days prior to the hearing and shall remain posted until the hearing. 14-1 14.2 14.3 Failure for the sign to remain posted until the hearing shall in no way prevent the Planning and Zoning Commission from hearing the application and disposing of the issues involved on the hearing date. If such proposed amendment, supplement, or change has been denied by the Planning and Zoning Co~nission, or if a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, or to all property owners of a platted subdivision, such amend- ment shall not become effective except by a three-fourths (3/4) vote of the members present of the City Council of the City of Southlake. PETITION FOR AMENDMENT AND FREQUENCY THEREOF - A property owner, lessee, developer or option holder may petition the City Council for an amendment to the text of this ordinance, provided that before any action shall be taken as provided in this Article, the party or parties petitioning for amendment shall deposit with the City Secretary the fee amount stipulated in Section 12 to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of such proposed amendment to be enacted into law. A party shall not initiate action for a zoning amendment affecting the same land more often than once every three (3) months unless the original zoning request was denied by the City Council. A zoning application for the same action and for the same property which has been previously denied by the City Council may not be re-initiated for a period of at least six (6) months from date of denial. CLASSIFICATION OF NEW AND UNLISTED USES so It is recognized that new types of land may develop and forms of land uses not anticipated herein or clearly covered herein may be the basis of a request for zoning in the City. In order to provide for such changes and contingencies, a determination as to the interpretation of the ordinance as to whether or not such requested land use is covered or not covered by the existing ordinance shall be first made by the zoning administrative official designated by the City to administer the zoning ordinance and unless such person requesting such zoning appeals such decision of such official shall be referred to the Planning and Zoning 14-2 14.4 commission, who shall proceed with the matter under the usual procedures of a requested amendment to zoning and such Commission shall consider the nature and describe perform- ance of the proposed use and its compatibility with the uses permitted in various zoning districts, and determine in its opinion the zoning district or districts where such use should be listed, or whether the same should be a special use permit matter and so make its findings in writing. The City Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any such new or unlisted use. The City Council shall approve the recommendations of the Planning and Zoning Commission, or make such other determin- ation concerning the classification of such use as appropri- ate, based on its findings of fact, and amend this ordinance to reflect said findings and decisions. SPECIAL EXCEPTION USES - APPROVAL a. The city Council may, after public hearing and recommenda- tion by the City Planning Commission, and after conducting a public hearing as is required for all amendments to the zoning ordinance, authorize special exception use of land by the issuance of a Special Exception Use Permit. b. A property owner, lessee, developer, or option holder may petition in writing for such special exception use permit and file the same with the City Secretary with an applica- tion fee as stipulated by the City Council to cover the approximate cost of this procedure. A party shall not initiate action for a special use permit sfor the same special use affecting the same land more often than every twelve months. c. In considering and determining its recommendation to the City Council relative to any application for a special exception use permit, the City Planning Commission requires that the applicant furnish plans and data concerning the operation, locations, function and characteristics of any use of land or building proposed. d. The City Planning Commission may recommend to the City Council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street arrangement and load location or construction of buildings and uses and operation be required. e. The City Council may, in the interest of the public welfare and to assure compliance with the intent of this ordinance, require such development standards and special conditions and safeguards as are indicated to be important to the 14-3 welfare and protection of adjacent property and the community as a whole. A site plan setting forth the conditions specified is required of the applicant and such plan, when accepted, shall be made part of the amending ordinance. A special use permit approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. Any of the conditions contained in a special use permit shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be considered as conditions precedent to the granting of a Certificate of Occupancy and Compliance for the specific use provided for. The following uses as well as those identified in Section 6, District Regulations, are considered of a nature which require a Special Exception Use Amendment Permit, as well as any other uses which may be so designated in the future by amendment to this ordinance. 1) Alcoholic beverages use (Retail - 1 and 2). The above uses are limited in that they can be granted only for the district(s) shown in parenthesis following each use identified above. 14-4 SECTION 15 - RESERVED 15-1 SECTION 16 - PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinance, deed restrictions, or covenants, the most restrictive of that imposing the higher standards shall govern. 16-1 SECTION 17 - COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint, such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance. 17-1 SECTION 18 - PENALTIES FOR VIOLATION violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00). Each day such violation continues shall be considered a separate offense. 18-1 SECTION 19 - SEPARABILITY CLAUSE Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. 19-1 SECTION 20 - REPEAL OF CONFLICTING ORDINANCES Ail ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof, unless otherwise specified herein, specifically including but not limited to Ordi- nance 261 (Zoning Ordinance). 20-1 SECTION 21 - EFFECTIVE DATE This ordinance shall become effective and be in force and effect thirty (30) days after its passage and publication as required by law, and so accordingly ordained. 21-1 ATTEST: LEGALITY: A1.1 Al.2 Al.3 Al.4 APPENDIX ONE BUFFERYARDS BUFFERYARDS: DEFINITION AND PURPOSE - A bufferyard is a unit of land, together with a specified amuunt of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. Both the amount of land and the type and amount of planting specified for each bufferyard are designed to lessen nuisances between adjacent land uses or between a land use and a public road. The planting units required within bufferyards have been calculated to insure that they do, in fact, function as "buffers." Bufferyards shall be required to separate different land uses from each other in order to eliminate or minimize ~otential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fire or explosions. LOCATION - Bufferyards shall be located within and along the outer perimeter of a lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public street or right-of-way and are separate from and in addition to side and rear yards, but may overlap same. DETERMINATION OF BUFFERYARD REQUIREMENTS - Refer to tables ONE, TWO or THREE to determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the bufferyard required and standards contained in this section. The bufferyards illustrated constitute the total bufferyard required between the two adjacent uses. Any of the options illustrated shall satisfy the requirement of buffering between adjacent land uses. RESPONSIBILITY - 1. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the buffer which is required next to vacant land. (Table Two) 2. The second use to develop shall , at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those two uses. (Table One) 3. Existing plant material and/or land located on the pre- existing (the first developed) land use which meets the require- ments of this ordinance may be counted as contributing to the total bufferyard required between it ant the second (adjacent) land use to develop. A 1-1 Al.5 4. Many cases will exist wherein a lot or parcel is adjacent to more than one other parcel. Bufferyards developed subsequent to the first bufferyard provided will be coordinated with that first bufferyard with respect to design, plant materials and other design elementS. This is especially true where a lot or parcel has a side or back yards adjacent to more than one lot or · ' ment is intended to prevent inconsistent arcel. This require ...... ~n~- -end and ad3acent to a P =--~,,ards Luau ~ ~- to design between uu~==~3 ' single piece of property. BUFFERYARD REQUIREMENTS - 1. The following illustrations graphically indicate the specifications of each bufferyard. Bufferyard requirements are stated in terms of the width of the bufferyard and the number of plant units required per one hundred (100) linear feet of bufferyard. The requirements of a bufferyard may be satisfied by any of the options illustrated. The ,'plant unit multiplier" is a factor by which the basic number of plant materials required for a given bufferyard is determined given a change in the width of that yard. The type and quantity of plants required by each bufferyard and each bufferyard option are specified in this section. 2. Each illustration depicts the total bufferyard required between two uses. 3. Whenever a wall, fence or berm is required within a buffer- yard, these are shown as the ,,structure required" in the following illustrations, wherein their respective specifications are also shown. All required structures shall be the respon- sibility of the higher intensity use. Whenever a wall is required in addition to a berm, the wall shall be located between the berm and the higher intensity use, in order to provide maximum sound absorption. A ,,finished" side of a wall or fence shall face the residential use. 4. The following plant material substitutions shall satisfy the requirements of this section: the those contributing to the uppermost [Canopy trees are ~ - =~rest - may be commonly referred. spreading branchy layer os ~ ~ _ understory trees are those growing below the to as shade~t~S~orest _ may be referred to as saplings and top layer o~ un~ ~' larger growing shrubs.] a. In bufferyards G, ~, I, J, and K, evergreen canopy or evergreen understory trees may be substituted for deciduous trees without limitation. A 1-2 b. In bufferyards A, B, C, D, E, F, Sl and S2, evergreen canopy or evergreen understory trees may be substituted as follows: 1. For deciduous canopy trees, up to a maximum of fifty (50) percent of the total number of deciduous canopy trees otherwise required. 2. In the case of deciduous understory, without limitation. c. In all bufferyards, evergreen shrubs may be substituted for deciduous shrubs without limitation. d. In all bufferyards, evergreen ground cover may be substituted for the "evergreen/conifer" portion of the total number of shrubs required. 5. Minimum plant size shall be as below; Plant Material Type Minimum Size Canopy Tree Single Stem/Trunk Multi-Trunk Clump Understory Tree Evergreen Tree Shrub Deciduous Evergreen Groundcover 1 1/2" caliper 6 feet (height) 4 feet (height) 3 feet (height) 15 inches (height) 12 inches (height) One gallon containers 6. Plant materials shall be appropriate for the region and local soil conditions and shall be planted in accordance with good horticultural practice. Plants selected should require only low maintenance and should be drought hardy. The City may issue a list of recommended plants and reserves the right to approve plants and planting through an appointed horticul- turalist, landscape architect or other persons so qualified. A 1-3 7. The following interchangeably, so long bufferyard illustrations structures are equivalent and may be used as both structures are specified in the in this section. Structure Equivalent Structure F3 Bi F4 B2 F5 B3 F6 BW1 B1 F3 B2 F4 B3 F5 B3 F5 BWl F6 8. If the development of the adjoining uses is existing, planned or deed restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access. 9. Any existing plant material which otherwise satisfies the requirements of this section may be counted toward satisfying all such requirements. 10. The exact placing of required plants and structures shall be. the decision of each user except that the following require- ments shall be satisfied: a. Berms with masonry walls (BW1, BW2, and BW3) required bufferyard J & K options are intended to buffer more significant nuisances from adjacent land uses and, addition- ally, to breakup and absorb noise, which is achieved by the varied heights of plant materials between the masonry wall and the noise source. b. When berms with walls are required, the masonry wall shall be closer than the berm to the higher intensity use. c. within a bufferyard, a planting area of at least five (5) feet wide containing fifteen (15) percent of the total plant requirements (based on the multiplier = 1) shall be located between the masonry wall and the higher intensity use. These plants shall be chosen to provide species and sizes to reduce noise in conjunction with the wall. 11. All bufferyards, unless lawn grass or ground cover is already established, shall be seeded with lawn grass or planted with ground cover so as to assure coverage within three years. A 1-4 Al.6 Al.7 Al.8 USE OF BUFFERYARDS - A bufferyard may be used for passive recreation, it may contain pedestrian, bike or equestrian trails, provided that: (a) no plant material is eliminated, (b) the total width of the bufferyard is maintained, and (c) all other regulations of the ordinance are met. In no event shall the following uses be permitted in the bufferyards; playfields, stables, swimming pools, tennis courts or similar facilities. EXCESS BUFFERYARDS - Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply: 1. The existing uses(s) may expand into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of this section. 2. The existing use may enter into agreements with abutting landowners to use its existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or all of the excess buffer to the adjoin- ing landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use. CONTRACTURAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND - When Al.9 a land use is proposed adjacent to vacant land, and the uwner of that land enters into a contractural relationship with the owner of the land use is to be developed first, a reduced buffer may b&e provided by that first use, provided that: the contract contains a statement by the owner of the vacant land of an intent to develop at a no greater than specified zoning cate- gory; and an agreement by that vacant landowner to assume all responsibility for additional buffer, if needed by the subsequent development of a less intense use than had been agreed upon, is transferred to the owner of the vacant (second in time to be developed) land. MAINTENANCE AND REPLACEMENTS - Landowners of required buffer- yards are required to maintain the appearance of same. Dead or dying plants shall be replaced with suitable replacements by the landowner. A 1-5 TABLE ONE TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO EXISTING ZONING EXISTING ZONING PROPOSED ZONING AG RE . * * * * D D D E E K K SF1 , * * * * D D D E E K K SF2 . * * * * D D D E E K K SF3 . * * * * D D D E E K K ~ D D D D D * D D E E H H 01 D D D D D D * * * * D D 02 D D D D D D * * * * D D R1 E E E E E E * * * * C C R2 E E E E E E * * * * C C I1 H K K K K H D D C C * * I2 H K K K K H D D C C * * PUD [see notes regarding bufferyards and PUD Zoning] AG RE SF1 SF2 SF3 CS 01 02 Ri R2 I1 I2 PUD . . * * * D D D E E H H NOTES: 1) * - no bufferyard required 2) Regarding PUD - The predominant or prevailing use of a parcel within a PUD tract shall be given the nearest and highest zoning category for purposes of determining required bufferyard A 1-6 TABLE TWO TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO UNDEVELOPED LAND-BASED ON LAND USES DISPLAYED ON RECOMMENDED LAND USE PLAN AT TIME OF ZONING APPLICATION LAND USE CATEGORY PROPOSED ZONING LOW DENSITY RES. OFFICE/RETAIL INDUSTRIAL P-SEMI-PUBLIC AG * B J C RE * B J C SF1 * B J C SF2 * B J C SF3 * B J C CS D B G B 01 C C D C 02 C C D C R1 D D D C R2 D D D C I1 G G C J I2 G G C J PUD [see notes regarding bufferyards and PUD Zoning] NOTES: 1) * - no bufferyard required ~ Regarding PUD - The predominant or prevailing use of a parcel within a PUD tract shall be given the nearest and highest zoning category for purposes of determining required bufferyard A 1-7 TABLE THREE TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO ROADWAYS- EXPRESSWAY ARTERIAL COLLECTOR RES. LAND USE ACROSS STREET STREET NON-RESIDENTIAL UNDEVELOPED RESIDENTIAL PROPOSED ZONING AG * * * * * RE F D S2 S2 S2 SF1 F D S2 S2 S2 SF2 F D S2 S2 S2 SF3 F D S2 $2 S2 CS F D S2 B S2 01 * B S2 B B 02 * B S2 B B R1 * C S2 B D R2 * C S2 B D I1 B E S2 C F I2 B E S2 C F PUD [see notes regarding bufferyards and ~UD Zoning] NOTES: 1) * - no bufferyard required 2) Regarding PUD - The predominant or prevailing use of a parcel within a PUD tract shall be given the nearest and highest zoning category for purposes of determining required bufferyard A 1-8 The following pages depicting bufferyards are reprinted with permission from Performance Zoning by Lane H. Kendig, copyright 1980 by the American Planning Association, 1313 E. 60th; Chicago, Ill. 60637 A 1-9 A 1-10 A 1-11 1-12 A 1-13 A 1-14 A 1-15 APPENDIX TWO PERFORMANCE STANDARDS Compliance Required: Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heart, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this Ordinance shall be undertaken and maintained only if they conform to the regulations of the section. Performance Standard Regulations: The following standards shall apply in the various zoning districts as indicated: Exterior Noise: The following noise standards, unless otherwise specifically indicated, shall apply to all property within the City of Southlake: a) For noise emanating from a facility on property located within any residential zoning district, the allowable noise level shall be as follows: Time Interval Allowable Exterior Noise Level 7:00 p.m. to 7:00 a.m. 35 dB(A) 7:00 a.m. to 7:00 p.m. 35 dB(A) b) For noise emanating from a facility on property located within any commercial zoning district, the allowable noise level shall be as follows: Time Interval Allowable Exterior Noise Level 7:00 p.m. to 7:00 a.m. 65 dB(A) 7:00 a.m. to 7:00 p.m. 70 dB(A) -and shall not exceed 35 db measured in the nearest residen- tial area. For noise emanating from a facility on property located within the Industrial zoning districts, the allowable noise level shall be 75 dB(A), and shall not exceed 35 db when measured from the nearest residential area. d) Noise emanating from property within any zoning district may exceed: 1) The allowable noise level plus up to five (5) dB(A) for a cumulative period of no more than thirty (30) minutes in any hours; or A 2-1 2) The allowable noise level plus six (6) to ten (10) dB(A) for a cumulative period of fifteen (15) minutes in any hour; or 3) The allowable noise level plus eleven (11) to fifteen (15) dB(A) for a cumulative period of five (5) minutes in any hour; or 4) The allowable noise level plus sixteen (16) dB(A) or more for a cumulative period of one (1) minute in any hour. e) In the event the ambient noise level exceeds the allowable noise levels in subparagraphs (b), (c), and (d) above, the allowable noise level for the property in question shall be increased to equal the maximum ambient noise level. f) For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included: 1) 2) Noises not directly under the control of the property owner, lessor, or operator of the premises. Noises emanating from construction, grading, repair, remodeling or any maintenance activities · between the hours of 7:00 a.m. and 8:00 p.m. 3) 4) 5) 6) Noises of safety signals, warning devices and emergency pressure relief valves. Transient noise of mobile sources, including automobiles, trucks, airplanes, and railroads. Activities conducted on public parks, playgrounds and public or private schools. Occasional outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events. g~ 7) Air conditioning or refrigeration systems or associated equipment. For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district. A 2-2 h) For the purpose of determining compliance with the foregoing subparagraphs (A) through (e), and with regard to noise emanating from property already zoned indust- rial at the time this ordinance is enacted, noise levels are to be measured at the closest lot line from the source of origin of the noise. 2. Vibration: No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any property line. 3. Glare: Primary and secondary glare (both direct and reflective glare) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding during construction of the facility and repairs of facilities shall be exempt from these regulations; provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations. 4. Particulate Air Contaminants: No emissions, dust, fumes, vapors, gases, or other foz~Ls of air polution shall be permitted in violation of the rules and regulations of the Texas Air Control Board and the Environmental Protection Agency. Exceptions From Performance Standards: The owner or operator of ~ny building, structure, operation ok' use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The Board of Adjust- ment may grant exceptions with respect to time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this Section of the Ordinance. In its determina- tions, the Board of Adjustment shall consider the following: 1. The magnitude of the nuisance caused by the violation. 2. The uses of property within the area of impingement by the violation. 3. The time factors related to study, design, financing and construction of remedial work. 4. The economic factors related to age and useful life of the equipment. 5. The general public interest, welfare and safety. A2-3 De FJ ~lectrical Energy Disturbance.: No activities shall be permitted which emits electrical or microwave energy or causes electrical disturbances which adversly affects the operation at any point of any appliance or equipment other than that of the person on whose land the energy or disturbance is generated, reflected, received or sent. Fire and Explosion Hazard: Ail activities involving all Storage ~f inflammable and/or explosive materials shall be PrOvided at any point with adequate safety devices against the hazards of fire and explosion and adequate fire fighting and fire suppress- ion equipment and devices, standard in the industry. Exemptions: The provisions of this section shall not apply to industrial uses, or expansions thereof upon adjacent property, which exist within the City on the effective date of this Ordinance. A 2-4