Item 6 - 480-XXXX
Ord. No. 480-XXXX Page 1
M E M O R A N D U M
September 1, 2017
To: Planning and Zoning Commission
From: Ken Baker, AICP – Senior Director of Planning & Development Services
Subject: Proposed Amendments to the City of Southlake Zoning Ordinance
Action
Requested: Conduct a public hearing and consider approval of the proposed
Ordinance No. 480-XXXX.
Background
Information: The purpose of this item is to discuss proposed clarification and
corrections to a variety of regulations within the Zoning Ordinance and
address a Tier 1 recommendation in the 2030 Mobility Plan related to
sidewalk requirements.
In the administration of the Zoning Ordinance, staff has identified areas
lacking clarity. This amendment is intended to add language to the
ordinance addressing these deficiencies.
Additionally, following past amendments to the Zoning Ordinance, various
section numbers and references were not updated. This amendment is
intended to correct these omissions.
Finally, the 2030 Mobility Plan included a Tier 1 recommendation to
amend relevant ordinances to remove sidewalk exemptions and to clarify
a minimum sidewalk width of 5 feet. Amendments to both the Zoning
Ordinance and Subdivision Ordinance are proposed to address the
sidewalk issues.
Link to PowerPoint Presentation
.
Ord. No. 480-XXXX Page 2
Amendment Proposals
Zoning Ordinance No. 480, as amended
Accessory Structures and Uses:
Clarify “Lot Coverage” (maximum cumulative area) for accessory buildings and structures
in residential districts; language needs to be added to clarify that the cumulative maximum
area permitted for detached residential accessory structures includes all structures having
a roof;
SECTIONS 10.5 & 51.5
RE-5 & RE-7
Remove language regarding “Accessory Structures” from the “Lot Coverage”
subsection and add correct the maximum lot percentage in the Accessory
subsection:
e. Maximum Lot Coverage: All buildings or structures 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.
j.1.i. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 3 5% of the lot area or 4,000 sq.ft.
SECTION 11.5 (SECTION 12)
SF-1A (SF-1B)
j.1.i. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 3 % or 4,000 sq.ft of the lot area.
SF2
j.1.i. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 3 % of the lot area.
SECTIONS 13 & 14 (15)
SF30 & SF20A (SF-20B)
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding twenty percent (20%) of the lot area, except the sum
total of accessory buildings shall not exceed 750 square feet.
j. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 750 (SF-30) 600 (SF-20) square feet of the lot area.
Ord. No. 480-XXXX Page 3
Address provisions and setbacks for structures other than buildings, such as outdoor
kitchens, fireplaces, fire pits;
SECTION 34.1
g. The following residential accessory structures may be located in the side, rear, or
front yard:
i. Gazebos, arbors, pergolas, and trellises that are less than 120 square feet.
ii. Water well houses less than 50 square feet
iii. Fountains, ponds, and ornamental pools that are part of the residential
landscaping meeting the standards in 34.1 (f)
iv. Flag poles subject to maximum permitted district height
v. Outdoor fire places and fire pit subject to maintaining a minimum of ten (10) feet
from combustible structures as approved by the City Fire Marshal
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
iv. Outdoor kitchens
Clarify minimum setbacks for detached residential accessory buildings and structures
within certain districts.
SECTION 34.2a
Accessory buildings having a permanent foundation shall be erected no closer than ten
feet (10') to a property line located in the rear yard, unless otherwise permitted by the
underlying district minimum yard requirements. Those structures buildings not on a
permanent foundation may be placed as close as five feet (5') to a property line located
in the rear yard unless otherwise permitted by the underlying district minimum yard
requirements. All other structures greater than eight (8) feet in height shall be a minimum
of 10 feet from the property line
Ord. No. 480-XXXX Page 4
Portable Buildings:
Special Exception Use regulations for portable buildings require that the building have a
masonry façade in compliance with the City’s Masonry Ordinance. A variance is commonly
needed to this requirement due to the inherent nature of a portable building. Special
Exceptions Uses are considered by the Zoning Board of Adjustments and Masonry
variances are considered by the City Council. This requires the applicants to process t wo
applications in order to receive approval. This amendment proposes removal of the
masonry requirement.
SECTION 44.12. SPECIAL EXCEPTION USE POWERS
5. Portable buildings not otherwise permitted under this ordinance, subject to the
following requirements: (As amended by Ord. 480-J, Ord. 480-UUUU)
a. Approval of a portable building shall be on a temporary basis only. Any permit
granted hereunder shall be for a maximum period of three (3) years.
b. All portable buildings shall be constructed in accordance with the appropriate state
or federal code which regulates their construction or shall meet all requirements of
the City's building code.
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.
Correct miscellaneous section references:
There are several references to other sections within the Zoning Ordinance as well as other City
codes which need to be updated. This amendment is intended to correctly align all references
including the following:
Section 4 Definitions – “Building Line” Change references to pages 4-23 and 4-24;
Section 39.6 “FENCING AND SCREENING” “NON-RESIDENTIAL DISTRICTS – Change
reference from Section 39.6b to Section 39.6a.
Section 45 “Specific Use Permits”– Correct reference numbers to correspond with current
regulation sections and renumber in consecutive order.
Section 51 “RE-7” – renumber subsection to references to from 10 to 51.
Ord. No. 480-XXXX Page 5
Sidewalks:
Zoning Ordinance No. 480, as amended
The Zoning Ordinance requires sidewalks for all development requiring City Council
approval of a site plan. In some instances, in particular with building elevation changes to
existing sites where there is no increase in building floor area or intensity of use, the
requirement may not be roughly proportional to the development. The proposal is to set a
threshold for when sidewalk construction is required related to increases in floor area or
off-street parking of the site. Additionally, the proposal is to add a provision in which the
City Council can consider a variance to the sidewalk requirement where a hardship or
practical difficulty exists;
SECTION 33.19
SIDEWALK REQUIREMENTS –For all new development or existing development which
increases the existing floor area of building(s) or the number of parking spaces by twenty
(20) percent or more and requiring require a City Council approved site plan, a five (5)-foot
wide concrete sidewalk shall be provided along all adjacent public streets unless identified in
the city’s Pathways Plan, in which case the Subdivision Ordinance No. 483, as amended,
Section 5.06 shall apply. In addition, all non-residential development shall provide
pedestrian access to the City’s existing or future trail system as identified in any City Council
adopted plan.
The City Council may grant a variance to this regulation where compliance would present
extraordinary difficulties:
i. in the use of the property or;
ii. to construct due to characteristics of the development or surrounding properties.