Item 6D CITY OF
SOUTHLAKI
MEMORANDUM
September 25, 2017
To: Shana Yelverton, City Manager
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 2nd reading approval of the
proposed Ordinance No. 480-XXXX.
Background
Information: In the administration of the Zoning Ordinance, staff has identified areas
lacking clarity. This amendment will better reflect staff's current
interpretation and application of the existing ordinances with regard to lot
coverage and accessory structures, will shift the final approval authority of
portable buildings from Zoning Board of Adjustment to City Council,
provide a minimum site expansion threshold in order to require
construction of sidewalks and provide City Council variance authority for
sidewalks required under the Zoning Ordinance. The amendments
propose the following:
• Clarification between lot coverages and maximum permitted
accessory building area within the residential districts;
• Addition of residential accessories not currently listed such as outdoor
fire pits/fire places/kitchens and flag poles;
• Change portable buildings from Special Exceptions Use under Zoning
Board of Adjustment approval to Specific Uses Permits under City
Council approval;
• Establish a minimum site expansion threshold for when sidewalks are
required and provide City Council variance authority;
• Correct miscellaneous section references and numbering.
Citizen Input/
Board Review: August 31, 2017; Corridor Planning Committee;
September 12, 2017, SPIN meeting;
September 7. 2017, Public Hearing held by the Planning and Zoning
Commission;
A Public Hearing will be held by the City Council upon 2nd reading of this
item anticipated to be on October 3, 2017.
PZ Commission
Action: September 7, 2017 the Planning and Zoning Commission voted 6-0 to
recommend approval of Ordinance No. 480-XXXX, amendment to the
City of Southlake Comprehensive Zoning Ordinance No. 480, as
Ord. No. 480-XXXX Pagel
amended, as presented subject to the Staff Memorandum dated
September 7, 2017.
City Council
Action: September 19, 2017 the City Council approved 1s' reading (5-0) on the
consent agenda.
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Full Redline Changes
(B) Ordinance 480-XXXX
(C) Link to Presentation
Ord. No. 480-XXXX Page 2
ATTACHMENT "A"
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;
RE-5 & RE-7
SECTIONS 10.5 & 51.5
Remove language regarding "Accessory Structures" from the "Lot Coverage"
subsection and add in the Accessory subsection:
e. Maximum Lot Coverage: All buildings er sty shall have a maximum lot
coverage not exceeding thirty percent (30%) of the lot area, eXGept the 1311m +�«' G)f
aGGeGGerY hi 1ildiRgG ch;ll nn+ ovnoorJ fide norront (5,04) of the In+ area.
j.1.i. The sum total of all accessory structures and buildings having a roof on
the lot shall not exceed 5% of the lot area.
SF-1A (SF-1B)
SECTION 11.5 (SECTION 12)
e. Maximum Lot Coverage: All buildings er +tee: shall have a maximum lot
coverage not exceeding twenty percent (20%) of the lot area, i^eL,dine all r,ri^^ipal
enr! annoccnry 6tn inti 1Fe S.
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.
SF-2
SECTION 50.5
e. Maximum Lot Coverage: All buildings er (199th P inein rc
asseGG9FY) shall have a maximum lot coverage not exceeding twenty percent (20%)
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 % of the lot area.
SF-30
SECTIONS 13.5
e. Maximum Lot Coverage: All buildings er +reg shall have a maximum lot
coverage not exceeding twenty percent (20%) of the lot area, eXGept the 66IR;
tnt�l of aGGeGGerY hi 1ildinec shall net oveeed- 750 sq iare foot
j. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 750 square feet.
Ord. No. 480-XXXX Page 3
SF20A (SF-20B)
SECTIONS 14.5 (15)
e. Maximum Lot Coverage: All buildings er shall have a maximum lot
coverage not exceeding twenty percent (30%) of the lot area, eXGept the surn
+r,+al 9f aGGeGGGFY hi Illi-iRgG shall rye+ exeee-I G2( sq iaFe foo+
j. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 600 square feet.
MF-1
SECTION 16.5
e. Maximum Lot Coverage: All buildings er shall have a maximum lot
coverage not exceeding twenty percent (30%) of the lot area, eXGept the
6
61M
+n+al of aGGeSSnrY hi 1ildiRgG shall nn+ ovnood nno hind-red (100) square foo+
I. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed one hundred (100) square feet.
MH
SECTION 29.6
h. Maximum Lot Coverage — Lots having an area of ten-thousand (10,000) square
feet or less, all buildings or structures shall have a maximum lot coverage not
exceeding forty five percent (45%) of the lot area and Lots having an area
greater than ten-thousand (10,000) square feet shall have a maximum lot
coverage not exceeding thirty percent (30%) of the lot area. The Y„ tetall .,f
aGGe SSGFY hi IlldiRgC Rr,+ P_XGee-I Gann foo+ ;-;P-I chill be +ho
i. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 600 square feet.
Ord. No. 480-XXXX Page 4
•Address provisions and setbacks for structures F, 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 with no minimum setback
from a property line.
v. Outdoor fire places.
vi. Permanently installed fire pits subject to maintaining a minimum of ten (10) feet
from combustible structures as approved by the 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 requireme Those s+r��es 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 5
Portable Buildings:
• Special Exception Use regulations for portable buildings require that the building have a
masonry fagade 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 two
applications in order to receive approval. This amendment proposes removing this from
Special Exception Uses and allowing this use with approval of a Specific Use Permit under
Section 45 of the Zoning Ordinance. The regulation proposed would closely follow those
under the current SEU section and those for Temporary Construction or Sales Facilities.
The Proposal is as follows:
Remove from SECTION 44.12.5 SPECIAL EXCEPTION USE POWERS and Insert under
SECTION 45.1.51 to be permitted is all district except RE-5, RE-7, SF-1A, SF-IB, SF-2,
SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, y"4=Q SITE PLAN REQUIRED
44125 45.1.51 Portable buildings not otherwise permitted under this ordinance, subject
to the#eAew+Rg requirements of 45.21.
45.21 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWI,._
PERMITTED UNDER THIS ORDINANCE
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, unless
otherwise approved by the ;ity Council.
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 plaGed 1PGR a permanent fe p dation apd_ shall have
n;asGnr�i fmyFPeetiRg the Kequireme.pis of the Qty's MaGenry OrdinaAno 'A
additi9R, h_AFd_ 61-14-RA-ed
1) Provide parking shall be pFeyided fe in accordance with use of the portable
buildings as prescribed in Section 35 of this ordinance;
2) Be skirted on the front and sides;
3) Provide foundation landscape planting consisting of one (1) five-gallon shrub per
four (4) linear feet around skirting (excluding entrances);
d. Portable buildings shall be maintained in a neat and presentable condition at all
times. Upon expiration of the Special eXGe ,#G specific use permit, the portable
building shall be immediately removed and the premises shall be restored to their
previous condition.
e. The plet site plan submitted with the application shall contain a narrative
explanation describing the applicant's plans to transition the portable building to a
permanent structure.
Ord. No. 480-XXXX Page 6
f. Portable buildings may also be subject to other requirements as deemed
necessary in order to promote public health, safety, welfare and aesthetics.
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 FegH+r+Rg require a City Council approved site plan, a five (5)-foot
wide concrete sidewalk shall be provided along all adja public streets unless identified in
the city's Pathways Plan in which case the Subdivision Ordinance 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.
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.
Ord. No. 480-XXXX Page 7
ATTACHMENT "E"
ORDINANCE NO. 480-XXXX
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING DEVELOPMENT REGUALTIONS
TO PROVIDE CLARIFICATION BETWEEN MAXIMUM LOT COVERAGE
AND MAXIMUM PERMITTED ACCESSORY BUILDING AND
STRUCTURE AREA WITHIN THE SINGLE FAMILY RESIDENTIAL,
TWO FAMILY RESIDENTIAL ,AND MANUFACTURED HOUSING
DISTRICTS; AMENDING SECTION 34 "ACCESSORY" USES TO ADD
USES AND STRUCTURES AND MINIMUM SETBACKS; AMENDING
SECTION 44.12 "SPECIAL EXCEPTION USES" BY REMOVING
SECTION 44.12.5 "PORTABLE BUILDINGS" AND INSERTING UNDER
SECTION 45 "SPECIFIC USE PERMITS" AND AMENDING
DEVLEOPEMNT REGULATIONS; AMEND SIDEWALK REGUALTIONS;
CORRECT REFERENCES AND NUMBERING; 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 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.
Ord. No. 480-XXXX Page 8
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, Sections 10.5 "RE-5" District and Section 51.5 "RE-7" is hereby amended
changing subsections e. and j.1 .i. as follows:
e. Maximum Lot Coverage: All buildings er s+re: shall have a maximum lot
coverage not exceeding thirty percent (30%) of the lot area, except thesam +�Qf
aGGeGGGFy hi 1ildiRgG Shall AG-t ovnoor! filo PeFGe Rt (5,04) of the letarea.
j.1.i. The sum total of all accessory structures and buildings having a roof on
the lot shall not exceed 5% of the lot area.
SECTION 2
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 11 .5 "SF-1A" District is hereby amended by changing subsection e.
and subsection j.1 .i as follows:
e. Maximum Lot Coverage: All buildings shall have a maximum lot
coverage not exceeding twenty percent (20%) of the lot area,
anrl c+r61n+61roc
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.
SECTION 3
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 50.5 "SF-2" District is hereby amended by changing subsection e.
and subsection j.1.i as follows:
e. Maximum Lot Coverage: All buildings er strur--tures (199thP;iRGir d
!sseFy) shall have a maximum lot coverage not exceeding twenty percent (20%)
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 % of the lot area.
SECTION 4
Ord. No. 480-XXXX Page 9
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 13.5 "SF-30" District is hereby amended changing subsection e. and
adding subsection j. as follows:
e. Maximum Lot Coverage: All buildings er shall have a maximum lot
coverage not exceeding twenty percent (20%) of the lot area, eXGept the
SUM
t9tal 9f aGGe GGGFY hi 1ildi RgG shall rye+ exruee d 750 sq aFe foo+
j. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 750 square feet.
SECTION 5
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 14.5 "SF-20" District is hereby amended changing subsection e. and
adding subsection j. as follows:
e. Maximum Lot Coverage: All buildings er shall have a maximum lot
coverage not exceeding twenty percent (30%) of the lot area, eXGept the
SUM
+n+al of aGGeGGnrY hi 1ildiRgG shall nn+ exruee d 600 sq iare foo+
j. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 600 square feet.
SECTION 6
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 16.5 "MF-1" District is hereby amended changing subsection e. and
adding subsection I. as follows:
e. Maximum Lot Coverage: All buildings er s+r es shall have a maximum lot
coverage not exceeding twenty percent (30%) of the lot area, eXGept the sum
+n+al of aGGeGGnrY hi 1ildiRgG shall nn+ ovneed- A-Re hundred (100) square foo+
I. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed one hundred (100) square feet.
SECTION 7
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 29.6 "MH" District is hereby amended changing subsection h. and
adding subsection i. as follows:
MH
SECTION 29.6
h. Maximum Lot Coverage — Lots having an area of ten-thousand (10,000) square
feet or less, all buildings or structures shall have a maximum lot coverage not
exceeding forty five percent (45%) of the lot area and Lots having an area
greater than ten-thousand (10,000) square feet shall have a maximum lot
Ord. No. 480-XXXX Page 10
coverage not exceeding thirty percent (30%) of the lot area. Thp n, tA_t;;l A
aGGeGG9Fy hi 1ildiRgG chill not P_XGee ! 600 foot ;—;Pd- chill ho innli irlor! in Oho
i. The sum total of all accessory structures and buildings having a roof on the lot
shall not exceed 600 square feet.
SECTION 8
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 34.1 .g under "AUTHORIZED ACCESSORY USES" is hereby
amended as follows:
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 with no minimum setback
from a property line.
v. Outdoor fire places.
vi. Permanently installed fire pits subject to maintaining a minimum of ten (10) feet
from combustible structures as approved by the 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
SECTION 9
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 34.2.a. under "ACCESSORY BUILDING" is hereby amended as
follows:
a. 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 permitt
by the underlying district minimum yard requirements. Those str��es 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.
SECTION 10
Ord. No. 480-XXXX Page 11
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Sections 44.12.5 "Portable Buildings" under "SPECIAL EXCEPTION USE
POWERS" is hereby deleted and the subsection renumbered in consecutive order.
SECTION 11
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 45 "SPECIFIC USE PERMITS" is hereby amended by adding
subsections 45.1.51 and 45.21 as follows:
51. Portable buildings not otherwise permitted under this ordinance, subject to All except RE-5,
the requirements RE-7, SF-1A, SF-
18, SF-2, SF-30,
SF-20A, SF-208,
MF-1, MF-2, MH,
PLQT SITE
PLAN
REQUIRED
45.21 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWI
PERMITTED UNDER THIS ORDINANCE
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,
otherwise approved by the City Council.
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 1r,nn a permanent fe pdatinn apd- shall have
r
masGn �i fmy--r;_3G;_3d_t_Q I.eetiRg the Kequire.m.e.pts of the Qty's M aSGnrY QFdinanno 'A
1) Provide parking shall be prn.,ided fpr in accordance with use of the portable
buildings as prescribed in Section 35 of this ordinance;
2) Be skirted on the front and sides;
3) Provide foundation landscape planting consisting of one (1) five-gallon shrub per
four (4) linear feet around skirting (excluding entrances);
d. Portable buildings shall be maintained in a neat and presentable condition at all
times. Upon expiration of the "peGial eXGep#GR specific use permit, the portable
building shall be immediately removed and the premises shall be restored to their
previous condition.
Ord. No. 480-XXXX Page 12
e. The plet site plan submitted with the application shall contain a narrative
explanation describing the applicant's plans to transition the portable building to a
permanent structure.
f. Portable buildings may also be subject to other requirements as deemed
necessary in order to promote public health, safety, welfare and aesthetics.
SECTION 12
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 33.19 "SIDEWALK REQUIREMENTS" is hereby amended as
follows:
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 FegH+r+Rg 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.
SECTION 13
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, is hereby amended by correcting the following references:
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 14
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
Ord. No. 480-XXXX Page 13
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 15
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 16
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 17
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
litigation, both civil and criminal, whether pending in court or not, under such
Ord. No. 480-XXXX Page 14
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 18
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 19
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 20
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 19th day of September, 2017.
MAYOR
Ord. No. 480-XXXX Page 15
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2017.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Ord. No. 480-XXXX Page 16