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Item 6G CITY OF SOUTHLAKE MEMORANDUM May 31 , 2016 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Senior Director of Planning & Development Services Subject: Amendment of Zoning Ordinance No. 480-000U Action Requested: Conduct a Public Hearing and consider approval of Ordinance No. 480- 0000, an amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, to amend regulations pertaining to the 'RE', Single-Family Residential Estate district to include regulations pertaining to accessory structures; to change the designation 'RE', Single- Family Residential Estate district to 'RE-5', Single-Family Residential Estate district and to add a new zoning district 'RE-7', Single-Family Residential Estate. Background Information: The purpose of this item is three-fold. The first purpose is to change the name of the 'RE', Single-Family Residential Estate District to 'RE-5', Single-Family Residential Estate District. The renaming is proposed in concert with the proposed 'RE-7' zoning district and would reflect the minimum 5 acre lot size in the current 'RE' district. Other than the changes described in the following paragraph, no changes in regulations or standards are proposed within the 'RE' district. All sections of the Zoning Ordinance with reference to "RE" will be updated to reflect "RE-5". The second purpose is to consider amending Section 10, 'RE', Single- Family Residential Estate District to bring regulations for accessory buildings in line with other low density single-family residential zoning districts. Current regulations for accessory structures in the 'RE' district limit the height of accessory buildings to 14' in accordance with Section 34 regardless of the floor area of the structure. The proposed amendment would adopt standards currently found in the 'SF-1 A', 'SF-1 B' and 'SF-2' zoning districts which allow accessory buildings over 500 square feet in size to be built up to 20 feet provided the building meets certain architectural standards and maintains the setbacks required of the principal structure. Adoption of this provision would not change the maximum lot coverage area for accessory buildings in the 'RE' district, which is 5%. The third purpose is the creation and adoption of a new 'RE-7', Single- Family Residential Estate District. This district would carry the same regulations and standards as the 'RETRE-5' district, including the Ord. No. 480-000U Page 1 proposed accessory building standards. Only the minimum lot size would differ, with `RE-7' requiring a minimum lot size of 7 acres. Creation of this district would provide an additional option for owners of large properties in the city to maintain their rural estate characteristics. No property will be rezoned by this ordinance. Overview of the Current Ordinance regulating accessory structures in the `RE' district Section 10.3 (`RE', Single Family Residential Estate District) and Section 34.2 (Accessory Uses) of the Zoning Ordinance currently establish a maximum height of 14 feet for accessory buildings in the `RE' district. Structures with a permanent foundation may be built no closer than ten feet (10') from the property line and structures with no foundation may be built no closer than five feet (5') from the property line. Purpose for Revision The proposed amendment would allow current owners of property in the `RE' district to construct accessory buildings with more usable area while also ensuring higher architectural standards for those buildings over 500 square feet. PROPOSED CHANGE TO PERMITTED ACCESSORY STRUCTURES WITHIN SEC. 10.5: 10.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: j. Accessory Structure Standards 1. All accessory structures in the RE-5 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. Ord. No. 480-000U Page 2 d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (iii.3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. Planning & Zoning Commission Action:May 5, 2016, the Planning and Zoning Commission voted 5-0 to recommend approval of Ordinance No. 480-000U as presented in the Staff Memo dated April 29, 2016. Council 1St Reading Action: May 17, 2016, City Council voted 6-0 on consent to approve Ordinance No. 480-000U as presented in the Staff Memo dated May 11, 2016. Legal Review: This item is under review by the City Attorney. Attachments: (A) Map of Properties zoned `RE' (B) Notification List (C) Notification Response Forms (D) Full Redline Changes (E) Ordinance 480-000U (E) Link to Presentation Ord. No. 480-000U Page 3 1 1 1 -SII rys',- - n n■- r nn_ lie ii-A ■111111111,1111' '- i111P■i'iY • �Qiyr i� f.- .. 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No. 480-000U Page 5 ATTACHMENT "C" Southlake Planning&Zoning Commission Meeting Public Comment Form I Please print. eturn completed form to Secretary prior to start of regular session, / Name 1 LG l/�1I��tJ Ohl °z�Cr Date: 5`✓:5,��b Address: 2 z . 613 0, 9/a q Phone: �(Include City and State) MI wish to share my views on an Agenda Item: Agenda em#� I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: f Required. Cards will not be read into the record unless it is signed Ord. No. 480-000U Page 6 i Public Hearing Notice Response Form Direct questions and mail responses to: Ord. No. 480-000U City of Southlake (Formerly Ord. No. 1139) Planning&Development Services Notification Response 1400 Main St; Ste 310 Southlake,TX 76092 Phone: (817)748-8621 HARGETT, GARY Fax: (817)748-8077 1111 S WHITE CPL BLVD SOUTHLAKE,TX 76092-8455 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) Proposed Zoning Ordinance amendments described in the enclosed courtesy notice Space for comments regarding your position: 4d2r'A1'__01 cepv 0 4L� L✓� w Wil^ Signature: Date- Additional Signature:JDate: Printed Name(s): Must be property owner(s)whose name(s)Are printed at top. Otherwise contact the Plaryfiing Department. One form per property. Phone Number (optional): ( y> 32.q_ Ord. No. 480-000U Page 7 ATTACHMENT "D" PROPOSED CHANGE TO PERMITTED ACCESSORY STRUCTURES WITHIN SEC. 10.5: 10.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: j. Accessory Structure Standards 1 . All accessory structures in the RE-5 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 5. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 6. Height shall not exceed 20 feet. 7. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 8. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. Ord. No. 480-000U Page 8 PROPOSED ADDITION OF SECTION 51, "RE-7" DISTRICT SECTION 51 RE-7 SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT 51.1 PURPOSE AND INTENT - The purpose and intent of the "RE-7" Single Family Residential Estate District is to provide for compatible land, building, and structure uses primarily oriented to low density residential estate purposes, select agricultural uses, open space uses, and select community facility uses. The district further may serve as a transitional element between limited residential development and intense agricultural activities and higher density urbanized areas of the City. Low density detached single family residential dwellings and development, along with the aforedescribed uses, comprise the principal elements of the district. 51.2 PERMITTED USES a. Agricultural Uses 1. 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. 2. 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 1. 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 descried in the preceding paragraph b.1.(a) is in single ownership and comprises a contiguous area of not less than seven (7) acres; and (c) The minimum lot (site) width devoted to said dwelling shall be not less than three hundred (300) feet. C. Community Facility Uses 1 . Public, semi-public and private parks; Ord. No. 480-000U Page 9 2. 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; 3. Private boat docks, swimming pools and game courts; 4. City hall, fire and police stations and other municipal uses; and 5. Other uses of a similar nature and character. 51.3 ACCESSORY USES — In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 51.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. All specific uses permitted in the Single Family Residential Estate (RE-5) district under Section 45 shall be permitted in the RE-7 Single Family Residential Estate district. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 51 .5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than forty (40) feet. C. Side Yard: There shall be a side yard of not less than twenty-five (25) feet. d. Rear Yard: There shall be a rear yard of not less than forty (40) feet. e. Maximum Lot Coverage: All buildings or structures (both principal and accessory) shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area. (As amended by Ordinance No. 480-C.) f. Lot Area: The minimum area of a lot shall be three hundred four thousand nine hundred and twenty (304,920) square feet. g. Lot Dimensions: Each lot shall have a minimum width of three hundred (300) feet and a minimum depth of three hundred (300) feet. h. Floor Area: The main residence shall contain a minimum of two thousand (2,000) square feet of floor area. i. Maximum Residential Density: The maximum number of dwelling units per acre shall be 1 dwelling unit per 7 acres. j. Accessory Structure Standards Ord. No. 480-000U Page 10 1 . All accessory structures in the RE-7 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (iii.3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. 51 .6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. All special exception uses permitted in the "RE-5" Single Family Residential Estate district under Section 44 shall be permitted in the RE-7 Single Family Residential Estate district. Ord. No. 480-000U Page 11 Proposed Addition to Section 4.2, as it pertains to the definition of Noncommercial Use; NONCOMMERCIAL USE - Any use permitted in the "AG," q;�E—," "RE-5," "RE-7,' "SF- 1A," "SF-113," "SF-30," "SF-20A," "SF-2013," "R-P.U.D.," "MF-1," "MF-2," and "MH" districts. (As amended by Ord. No. 480-J.) Proposed Addition to Section 7.1; 7.1 DISTRICTS - In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereinafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Southlake is hereby divided into thirty thirty-one (31) zoning districts to be known as follows: 3. , , — - Single Family Residential Estate District or District!T�E—," "RE-5" 31 . RE-7 Single Family Residential Estate District or District "RE-7" Proposed Amendment to Section 10 within the title block and subsection 10.1; SECTION 10 q;�E—," "RE-5" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT Proposed Addition to Section 34.1(b), 34.1(c), 34.1(d), 34.1(e), 34.1(f), 34.1(g), 34.1(i), 34.10), 34.1(k), 34.1(w)(1), 34.1(w)(2), 34.1(aa), 34.1(ee) and 34.1(ff); District Where ACCESSORY USE Permitted b. Equipment Sheds (As amended by Ord. 480-MMM.) AG, R�E-, RE-5, RF 7 RCS, SF- 2 c. Accessory buildings enclosing equipment or activities in AG, R�E-, RE-5, conjunction with the permitted principal uses. No accessory use RE-7, RCS, SF- shall be construed to permit the keeping of articles or materials in 1A, SF-113, SF- the open or outside the building unless specifically permitted 2, SF-30, SF- elsewhere in this ordinance. (As amended by Ord. 480-VVV.) 20A, SF-2013, MF-1, MF-2 d. Private stables, including boarding of horses, in areas other than RE-, RE-5, RE- the Agricultural District for the keeping of grazing animals, provided 7, SF-1A, SF- (As amended by Ord. 480-MMM): 1 B. SF-2, (where the lot 1. Fences for pens, corrals or similar enclosures shall be of on which the sufficient height and strength to properly retain the grazing structure will be animal(s) on the premises. located contains the same 2. The minimum space area upon which such grazing animal(s) minimum lot Ord. No. 480-000U Page 12 may be enclosed, including pasture, pens, corrals, and stables, square footage shall not be less than fifteen thousand (15,000) square feet of required in the useable and accessible area per each grazing animal over five SF-1A and SF- hundred (500) pounds and not less than five thousand (5,000) 1 B zoning square feet of useable and accessible area of per each grazing category) SF-30 animal under five hundred (500) pounds. Portions of the grazing and SF-20A & B area may be partitioned to separate animals and to allow for (where the lot pasture recovery. on which the structure will be 3. All enclosed sheds and stables for animals as provided under located contains the terms of this subsection shall be placed a minimum of twenty- the same five (25) feet from the boundary of any adjoining lot or tract which is minimum lot zoned in a residential category while fences and corrals may be square footage placed at the property line required in the SF-1A and SF- 1 B zoning category) e. Private residential garages, carports and related storage AG, -, buildings and greenhouses accessory to permitted residential uses. R RCS, SF- (As amended by Ord. 480-G and Ord. 480-MMM.) 1A, SF-1B, SF- 2, SF-30, SF- 20A, SF-20B, MF-1 , MF-2, MH, DT*, TZD*, EC* f. Private swimming pool, wading pools, and game courts (lighted AG, RE and unlighted), provided that if lighted, the lighting shall be so RE-7, RCS, SF- directed and shielded so as not to shine directly on any adjacent 1A, SF-1B, SF- residential property; and further provided that any such pool or 2, SF-30, SF- game court is for the private use of the site occupants and their 20A, SF-20B, guests, and not operated as a business. All "at grade" swimming MF-1 , MF-2, pools with a water depth greater than twenty-four (24) inches and MH, TZD*, and "above grade" swimming pools having a water depth twenty-four EC* (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5) to any side or rear property line. (As amended by Ordinance No. Ord. No. 480-000U Page 13 480-C, 480-MMM and 480-QQQ.) g. The following residential accessory structures may be located in AG, RE-, RE-5, the side, rear, or front yard: RE-7, RCS, SF- 1A, SF-2, SF- i. Gazebos, arbors, pergolas, and trellises that are less than 120 square 1 B, SF-30, SF- feet. 20A, SF-2013, MF-1 , MF-2, ii. Water well houses less than 50 square feet MH DT*, TZD and EC iii. Fountains, ponds, and ornamental pools that are part of the residential landscaping meeting the standards in 34.1 (f) The following residential accessory structures shall only be permitted in the side or rear yard, not forward of the principal building on the lot: i. Batting cages, play structures, and pet houses ii. Breezeways located at or behind the principal structure iii. Decks and play courts (As amended by Ordinance 480-QQQ) i. Home occupation uses, as defined by this ordinance. (As AG, , RE-, RE-5, amended by Ordinance 480-MMM) Rr - RCS, SF- 1A, SF-113, SF- 2, SF-30, SF- 20A, SF-2013, MF-1 , MF-2, MH, DT*, TZD*, and EC* j. Parking and storage of private boats, camper trailers or other AG, , RE-, RE-5, recreational vehicles in conformance with Section 35. (As amended RE-7, RCS, SF- by Ordinance 480-MMM) 1A, SF-2, SF- 113, SF-30, SF- 20A, SF-2013, MF-1 , MF-2, MH k. Model and/or sample homes for the purpose of promoting sales AG, , F , RE-5, shall be permitted, providing these structures are located on and RE-7, RCS, SF- within the same tract or subdivision of land being developed for 1A, SF-113, SF- sale. (As amended by Ordinance 480-MMM) 2, SF-30, SF- 20A, SF-2013, MF-1 , MH, DT*, TZD*, and EC* w. (1) Noncommercial television satellite dishes and AG, R€ RE-5, noncommercial radio and television receiving antennas: RE-7, SF-1A, SF-113, SF-2, SF-30, SF-20A, Ord. No. 480-000U Page 14 SF-2013, R- PU-, MF-1, MF-2, MH, DT**, TZD**. RCS, EC** PLOT PLAN REQUIRED w. (2) Noncommercial radio transmitting antennas limited to 65' in AG, RE height. Must be located behind the principal dwelling, but not RE-7, SF-1A, within the rear yard setback. Must be no closer to a property line SF-113, SF-30, than the maximum height of the antenna. (Complaints concerning SF-20A, SF- electrical, radio, or television signal interference shall be referred to 2013, R-PUD, the FCC.) (As amended by Ordinance No. 480-VVV.) MF-1 , MF-2, MH PLOT PLAN REQUIRED aa. Yard or garage sales, subject to the following requirements: AG, RE 1) No more than 3 garage sales within any 12 month period may RE-7, RCS, SF- occur. 1A, SF- 113, SF- 2) The duration of the sale shall not exceed 72 hours. 2, SF-20A, SF- 2013, SF-30, MF-1, MF-2, TZD*, EC* ee. Portable on demand (POD) storage units for temporary AG, RE-, RE-5, residential storage during moving meeting the following standards: RE-7, RCS, SF- 1A, SF-2, SF- i. A permit shall be required for PODs used for residential moving. In 1 B, SF-30, SF- addition to general application information, a permit application for PODs 20A, SF-2013, shall indicate the location of the PODs on the lot. MF-1 , MF-2, MH, DT*, TZD*, ii. PODs shall be placed on the driveway at the furthest point from the and EC* street iii. PODs cannot be placed on any public right-of-way or in grassy areas in the front yard iv. Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than ten (10) consecutive days each time (As amended by Ordinance 480-QQQ) ff. Portable on demand (POD) storage units for use during AG, RE residential remodeling and construction meeting the following RE-7, RCS, SF- standards: 1A, SF-2, SF- 1 B, SF-30, SF- v. PODs shall be placed on the driveway at the furthest point from 20A, SF-2013, the street MF-1 , MF-2, MH, DT*, TZD*, vi. PODs cannot be placed on any public right-of-way or in the front and EC Ord. No. 480-000U Page 15 yard vii. A permit shall be required with the building permit for remodeling/construction and each permit shall be valid for the duration of a maximum of 90 days that may be renewed no more than twice in 30-day increments. viii. An application for the building permit shall indicate the location of the POD units on the lot. ix. PODs shall be removed within seven (7) days of final inspection of the structure. (As amended by Ordinance 480-QQQ) Proposed Addition to Section 39.2b(2); b. Acceptable materials for fencing and decorative posts include but are not limited to brick, stone, masonry; synthetic materials; natural and treated woods; ornamental metal or wrought iron; decorative aluminum or metal having a factory applied non-metallic matte finish. (1) PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in the ordinance. (2) Accept as otherwise required by this ordinance, chain link shall only be permitted in AG, SF-1A, SF-1 B, SF-2, SF-20A, SF-20B, SF-30, RE-, RE-5, RE-7 CS, 1-1 , 1-2, and B-2 zoning districts. (3) Corrugated metal panels or materials having similar properties shall not be permitted. Proposed Addition to Section 42 (Table One), (Table Two) and (Table Three); (These tables appear at the end of this document) Proposed Addition to Section 43.12 and Exhibit 43-C; 43.12 DEFINITIONS AND APPLICABILITY - For purposes of Part III of Section 43, the four hundred foot (400') distance shall be measured from the non-single family residential building and/or use to the property line of the single family residential property and the following terms shall be defined as: Non-single Family Residential Use or Building - All nonresidential district uses or buildings as well as two-family and multiple-family residential district uses or buildings. Pitched Roofs - A roof system having two or more slopes, excluding visible flat or built- up roofs. Single Family Residential Property - Any lot or tract of land with single family residential zoning (i.e., R�E-, RE-5, RE-7, SF-1A, SF-1 B, SF-30, SF-20A, SF-20B, and R-PUD) or any lot or tract of land designated as low or medium density residential on the Land Use Plan. Proposed Addition to Section 44.12(1), 44.12(3), 44.12(4), 44.12(5); District Where SPECIAL EXCEPTION USE Permitted 1. Servants or family quarters for domestic servants employed on the AG, RE-, RE- premises or family members of the owner of the premises shall not 5, RE-7, RCS, Ord. No. 480-000U Page 16 be rented or otherwise used as a separate domicile provided the SF-1A, SF- gross inhabitable square footage of the floor area shall not exceed 1 B, SF-2, SF- two thousand (2,000) square feet except that the gross inhabitable 30, DT* floor area in SF-30 zoning shall not exceed one thousand (1 ,000) CONCEPT square feet. Such quarters may be housed within the principal PLAN residential dwelling, above a residential garage, or be part of an REQUIRED 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 principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 3. In-home day care per state regulations. RE-, F RE-7. RCS, SF-1A, SF- 1 B, SF-2, SF- 30, SF-20A, SF-2013, MH, DT*, TZD*, EC* PLOT PLAN REQUIRE 4. In-home swimming lessons. , RCS, SF-2, SF-1A, SF-1 B, SF-30, SF-20A, and SF-2013, MH PLOT PLAN REQUIRED 5. Portable buildings not otherwise permitted under this ordinance, All except subject to the following requirements: (As amended by Ord. 480-J) RE-5, RE-7, SF-1A, SF- S. Approval of a portable building shall be on a temporary basis only. 1 B, SF-2, SF- Any permit granted hereunder shall be for a maximum period of three 30, SF-20A, (3) years. SF-2013, MR- 1 , MF-2, MH, b. All portable buildings shall be constructed in accordance with the PLOT PLAN appropriate state or federal code which regulates their construction REQUIRED or shall meet all requirements of the City's building code. Ord. No. 480-000U Page 17 c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. Proposed Addition to Section 45.1(8), 45.1(12), 45.1(31); District Where SPECIFIC USE Permitted 8. Community centers and service clubs dedicated to social or AG, recreational activities serving the City or neighborhood thereof. Such RCS. buildings and facilities shall be set back at least thirty (30) feet from SF-1A, SF-2, all side and rear property lines and forty (40) feet from any street line. SF-1 B, SF-30, The total ground floor area of all such buildings and structures shall SF-20A, SF- not cover more than twenty-five (25) percent of the site area devoted 2013, MH, MF- to such facilities and activities. 1 and MF-2 12. Athletic stadiums, public or private, when located adjacent to a AG, RE-, RE- thoroughfare or collector street. 5, RE-7, SF- 1A, SF-113, SF-30, SF- 20A, SF-2013, MF-1 and MF- 2 31 . Assisted Living Facilities may be located in transitional areas ALL, except adjacent to low and medium density residential developments when AGS€ RE-5, compatible and shall be subject to the requirements set forth in RE-7, RCS, Section 45.9 of this ordinance. (As amended by Ordinance No. 480- SF-1A, SF-2, Y and Ordinance No. 480-GGGG.) SF-1 B, SF-30, SF-20A., S F- 20B Proposed Addition to Section 50.3, 50.4, and 50.6; 50.3 ACCESSORY USES —All accessory uses permitted in the Residential Estate l-R€) (RE-5, RE-7), or SF-1A Single Family residential district under Section 34 Accessory Uses shall be permitted in the SF-2 Single Family residential district. Ord. No. 480-000U Page 18 50.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. All specific uses permitted in the Agricultural (AG), Residential Estate {RE-) (RE-5, RE-7), or SF-1A Single Family residential district under Section 45 shall be permitted in the SF-2 Single Family residential district. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 50.6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. All special exception uses permitted in the Agricultural (AG), Residential Estate {W (RE-5, RE-7), or SF-1A Single Family residential district under Section 44 shall be permitted in the SF-2 Single Family residential district. Ord. No. 480-000U Page 19 TABLE ONE BUFFERYARD ADJACENT TO PLATTED AND/OR ZONED PROPERTY (As amended by Ord. 480-E.) This table shall be used to determine the bufferyard requirements adjacent to tracts which are platted and zoned, and for tracts that only have zoning. ZONING OF ADJACENT PROPERTY Developing Tract RE ZONING AG CS RE-5 RE-7 SF1A F1B SF30SF20ASF20B MF1 MF2 01 02 C-1 C-2 C-3 C-4 B-1 B-2 11 12 MH HC AG TBL3 CS TBL3 C C C C B B B A A A A A A A A A A A R€RE-5 TBL3 RE-7 TBL3 SF1A TBL3 SF1B TBL3 SF30 TBL3 SF20A TBL3 SF20B TBL3 MF1 TBL3 A F1 F1 F1 F1 F1 F1 F1 A A A A A A A A A A A B MF2 TBL3 A F1 F1 F1 F1 F1 F1 F1 A A A A A A A A A A A B 01 TBL3 A B B F1 F1 F1 F1 F1 A A A A A A A A A A B A 02 TBL3 A C C F1 F1 F1 F1 F1 A A A A A A A A A A B A C-1 TBL3 A B B F1 F1 F1 F1 F1 B B B B A A A A A A F1 A C-2 TBL3 A B B F1 F1 F1 F1 F1 B B B B A A A A A A F1 A C-3 TBL3 B C C F1 F1 F1 F1 F1 C C C C A A A A A A F1 B C-4 TBL3 B C C F1 F1 F1 F1 F1 C C C C A A A A A A F1 B B-1 TBL3 C C C F1 F1 F1 F1 F1 F1 F1 D D B B B B A A F1 B B-2 TBL3 C C C F1 F1 F1 F1 F1 F1 F1 D D B B B B A A F1 B 1-1 TBL3 D D D F2 F2 F2 F2 F2 F1 F1 F1 F1 F1 F1 F1 F1 F1 D A A F1 D 1-2 TBL3 D D D F2 F2 F2 F2 F2 F1 F1 F1 F1 F1 F1 F1 F1 F1 D A A F1 D MH TBL3 C D D F1 F1 F1 F1 F1 D D D D A A A A A A D HC TBL3 B D D D D D C C C C B B A A A A A A A No bufferyard required In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining that bufferyard. Ord. No. 480-000U Page 1 TABLE TWO BUFFERYARDS ADJACENT TO R.O.W. (As amended by Ord. 480-E.) This table shall be used to determine the bufferyard requirements along any public right- of-way. STREET CLASSIFICATION Collector-70' R.O.W. Land Use Desig. Across St. Zoning of SH 1938& ArterialIndust. Mixed Public Res. Res. Developing 114/26 1709 84'/90' Street Tract R.O.W. AG CS E E E RE RE-5 B B B RE-7 B B B SPA B B B SF1B B B B SF30 B B B SF20A B B B SF20B B B B MF1 C C C A A A A A MF2 C C C A A A A A 01 E E E A A A A B 02 E E E A A A A B C-1 E E E A A A B C C-2 E E E A A A B C C-3 E E E B B B B C C-4 E E E B B B B C B-1 E E E B B B C D B-2 E E E B B B C D 1-1 D D D B B C C D 1-2 D D D B B C C D MH C C C B B C C D HC E E E B B B B C No bufferyard required In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining that bufferyard. Ord. No. 480-000U Page 2 TABLE THREE BUFFERYARDS ADJACENT TO UNDEVELOPED PROPERTY (As amended by Ord. 480-E.) This table shall be used to determine the bufferyard requirements adjacent to tracts that are not zoned, or legal non-conforming land use LAND USE DESIGNATION OF ADJACENT TRACT Zoning of Developing Mixed Medium Low Density Tract Public Industrial Use Residential Residential AG CS A B C RE RE-5 RE-7 SPA SF1B SF30 SF20A SF20B MF1 A A F1 F1 MF2 A A F1 F1 01 A A F1 F1 02 A A F1 F1 C-1 A B F1 F1 C-2 A B F1 F1 C-3 B B F1 F1 C-4 B B F1 F1 B-1 C C F1 F1 B-2 C C F1 F1 1-1 D A F1 F2 F2 1-2 D A F1 F2 F2 MH C C F1 F1 HC B B C D No bufferyard required In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining that bufferyard. Ord. No. 480-000U Page 3 ATTACHMENT "E" ORDINANCE NO. 480-000U AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING THE "RE" RESIDENTIAL ESTATE DISTRICT TO "RE-5" RESIDENTIAL ESTATE DISTRICT; AMENDING REGULATIONS WITH REGARD TO ACCESSORY STRUCTURES WITHIN SAID DISTRICT; ADDING THE "RE-7" RESIDENTIAL ESTATE DISTRICT; PROVIDING PERMITTED USES AND STANDARDS FOR DEVELOPMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the establishment of an RE-7 Single-Family Residential Estate District will promote the goals of the City's zoning ordinance and of the Southlake 2030 Plan; and WHEREAS, the amendment to change the title of the "RE" Single-Family Residential Estate District to "RE-5" Single-Family Residential Estate District will provide Ord. No. 480-000U Page 4 greater clarity and consistency and promote the goals of the City's zoning ordinance and land development code and of the Southlake 2030 Plan; and WHEREAS, the Planning and Zoning commission and City Council have given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance, is hereby amended to change "RE" or Single Family Residential Estate `RE' to "RE-5" or Single Family Residential Estate `RE-5', as applicable, on the official zoning map of the City and within the following sections: (b) Section 4.2, as it pertains to the definition of Noncommercial Use; (c) Section 7.1 .3; (d) Section 10 within the title block and subsection 10.1 ; (e) Section 34.1(b), 34.1(c), 34.1(d), 34.1(e), 34.1(f), 34.1(g), 34.1(i), 34.10), 34.1(k), 34.1(w)(1), 34.1(w)(2), 34.1(aa), 34.1(ee) and 34.1(ff); (f) Section 39.2b(2); (g) Section 42 (Table One), (Table Two) and (Table Three); (h) Section 43.12 and Exhibit 43-C; (i) Section 44.12(1), 44.12(3), 44.12(4), 44.12(5); (j) Section 45.1(8), 45.1(12), 45.1(31); (k) Section 50.3, 50.4, and 50.6; SECTION 2 Ordinance No. 480, as amended, is hereby amended to add the following language to Section 10.5 with regard to accessory structures: j. Accessory Structure Standards 1 . All accessory structures in the RE-5 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. Ord. No. 480-000U Page 5 ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv. Standards in subsection (iii.3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. SECTION 3 Ordinance No. 480, as amended, is hereby amended to add Section 51 which shall read as follows: SECTION 51 RE-7 SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT 51.1 PURPOSE AND INTENT - The purpose and intent of the "RE-7" Single Family Residential Estate District is to provide for compatible land, building, and Ord. No. 480-000U Page 6 structure uses primarily oriented to low density residential estate purposes, select agricultural uses, open space uses, and select community facility uses. The district further may serve as a transitional element between limited residential development and intense agricultural activities and higher density urbanized areas of the City. Low density detached single family residential dwellings and development, along with the aforedescribed uses, comprise the principal elements of the district. 51.2 PERMITTED USES C. Agricultural Uses 3. 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. 4. 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. d. Residential Uses 2. 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 descried in the preceding paragraph b.1.(a) is in single ownership and comprises a contiguous area of not less than seven (7) acres; and (c) The minimum lot (site) width devoted to said dwelling shall be not less than three hundred (300) feet. C. Community Facility Uses 1. Public, semi-public and private parks; 2. 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; 3. Private boat docks, swimming pools and game courts; Ord. No. 480-000U Page 7 4. City hall, fire and police stations and other municipal uses; and 5. Other uses of a similar nature and character. 51.3 ACCESSORY USES — In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 51.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. All specific uses permitted in the Single Family Residential Estate (RE-5) district under Section 45 shall be permitted in the RE-7 Single Family Residential Estate district. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 51.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than forty (40) feet. C. Side Yard: There shall be a side yard of not less than twenty-five (25) feet. d. Rear Yard: There shall be a rear yard of not less than forty (40) feet. e. Maximum Lot Coverage: All buildings or structures (both principal and accessory) shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, except the sum total of accessory buildings shall not exceed five percent (5%) of the lot area. (As amended by Ordinance No. 480-C.) f. Lot Area: The minimum area of a lot shall be three hundred four thousand nine hundred and twenty (304,920) square feet. g. Lot Dimensions: Each lot shall have a minimum width of three hundred (300) feet and a minimum depth of three hundred (300) feet. Ord. No. 480-000U Page 8 h. Floor Area: The main residence shall contain a minimum of two thousand (2,000) square feet of floor area. i. Maximum Residential Density: The maximum number of dwelling units per acre shall be 1 dwelling unit per 7 acres. j. Accessory Structure Standards 1. All accessory structures in the RE-7 zoning district shall meet the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 5% of the lot area. ii. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii. All accessory structures that individually are equal to or exceed 500 sq.ft.: 5. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 6. Height shall not exceed 20 feet. 7. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim or contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 8. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. Ord. No. 480-000U Page 9 iv. Standards in subsection (iii.3) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. 51 .6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. All special exception uses permitted in the "RE-5" Single Family Residential Estate district under Section 44 shall be permitted in the RE-7 Single Family Residential Estate district. SECTION 4 Ordinance No. 480, as amended, is hereby amended to add "RE-7" or Single Family Residential Estate `RE-7', as applicable, to the official zoning map and as a zoning district within the following sections: (a) Section 4.2, as it pertains to the definition of Nonresidential Use; (b) Section 7.1 .31 ; (c) Section 34.1(b), 34.1(c), 34.1(d), 34.1(e), 34.1(f), 34.1(g), 34.1(i), 34.10), 34.1(k), 34.1(w)(1), 34.1(w)(2), 34.1(aa), 34.1(ee) and 34.1(ff); (d) Section 39.2b(2); (e) Section 42 (Table One), (Table Two) and (Table Three); (f) Section 43.12 and Exhibit 43-C; (g) Section 44.12(1), 44.12(3), 44.12(4), 44.12(5); (h) Section 45.1(8), 45.1(12), 45.1(31); (i) Section 50.3, 50.4, and 50.6; SECTION 5 Ordinance No. 480, as amended, is hereby amended by amending Section 7.1 to replace "thirty (30)" with "thirty-one (31)" as it pertains to the number of zoning districts within the City of Southlake. SECTION 6 No property in the City of Southlake shall have its current zoning changed by this ordinance. SECTION 7 Ord. No. 480-000U Page 10 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending Ord. No. 480-000U Page 11 litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 11 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 12 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 13 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 17th day of May, 2016. Ord. No. 480-000U Page 12 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 7th day of June, 2016. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Ord. No. 480-000U Page 13