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480-WW OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-~ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 6.9 "DISCONTINUANCE OR ABANDONMENT" AS IT RELATES TO THE STATUS OF NON- CONFORMING USES; REVISING OTHER PERTINENT SECTIONS FOR CONSISTENCY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OR 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 PUBLICA TION 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, ofthe Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City of Southlake has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that a legal non-conforming use that have been discontinued for 180 days should be terminated regardless of the intent of the owner; 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 to provide to the termination of a legal non-conforming use if such use is discontinued for 180 days, as provided herein; and WHEREAS, the City Council has 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 OFSOUTHLAKE, TEXAS: SECTION 1. Section 6.9, "Discontinuance or Abandonment" of Ordinance No. 480, as amended, is hereby amended to read as follows in its entirety: Discontinuance or Abandonment a. If a non-conforming use is either discontinued or abandoned under the terms and conditions of this section, such use shall not be resumed and any further use shall be in conformity with the provisions of this ordinance. The City has determined that abandonment of a non-conforming use and discontinuance of a non-conforming use are separate and distinct acts and the City has established a different review standard for each act. 1. For the purpose of this section, "'abandonment" shall be defined as an intent by the owner to permanently close or cease the use, coupled with any act or statement by the owner that manifests such intent. The following conditions, events or conduct shall be presumed to constitute an intent to abandon a non-conforming use: A. the closure or cessation of, the use for a period of 120 consecutive days; B. in the determination of the Zoning Administrator, the structure or use is (I) in an advanced stage of dilapidation; (2) is non-compliant with one or more health and safety codes such as the Building, Plumbing, Electrical and Mechanical Codes that govern the use of structures designed for human occupancy; or (3) is otherwise unsafe for the continuation of such use or occupancy. If any of these conditions, events or conduct exists, then the owner shall bear the burden of proof and production to establish that the owner did not intend to abandon the use. 2. For the purpose of this section, "discontinuance" shaH be defined as a closure or cessation of a use for a period of 180 consecutive days, irrespective of whether the owner has an intent to abandon the use. When land or a structure that is non-conforming has historically been used only on a seasonal basis, such use shall be deemed to have been discontinued if, irrespective of whether the owner has an intent to abandon the use, either: (1) such use is closed or ceases to operate for a period of 180 consecutive days, or (2) such property is not operated as a non-conforming use in a bonafide manner during such season. b. Upon evidence of hardship, the Board of Adjustment shall have the power to extend the time limits as set forth in Paragraph "a" not to exceed a period of one (1) year. Amendment of Zoning OTdínance to Allow Termination of Non-conforming Use Regardless of Intent W:\Southlake\OTdinances\ZoningOrdAmend.OO I (tgs revision). wpd Page 2 SECTION 2. Section 44.3.d of Ordinance No. 480, entitled "Discontinuance or Amortization of Nonconforming Use," is hereby amended to read as follows in its entirety: d. Termination or Amortization of Nonconforming Use The Board may order the termination OL a nonconfonning use or structure under a reasonable plan whereby the owner's investment in the nonconforming use or structure can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. SECTION 3. Section 44.3.f of Ordinance No. 480, entitled "Resumption of Abandoned Nonconforming Use," is hereby amended to read as follows in its entirety: f. Resumption of Discontinued or Abandoned Nonconforming Use Within the limits prescribed in Section 6.9, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operations. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character ofthe area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City ofSouthlake, 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 5. 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. Amendment of Zoning Ordinance to An ow Tennination ofNon-confonning Use Regardless of Intent W:\Southlake\Ordinances\ZoningOrdAmend.OOI (tgs revision)wpd Page 3 SECTION 6. Any person, fmn 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 7: 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 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pampWet 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 9. 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 ten (10) 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 ofthis ordinance, as required by Section 3.13 of the Charter of the City of SoutWake. SECTION 10. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 151 reading the ~ day of JJov tJ'Y) OiJI ,2003. -~~ ~ THE HONO E AND~ AMBSG~S, MA YOR Amendment of Zoning Ordinance to Allow Termination of Non-c:onfoITTling Use Regardless of Intent W:\Southlake\Ordinanc:es\ZoningOrdAmend.OOl (tgs revision).wpd Page 4 ,.,"Ii"'"". ", UTH "I "0 l.,.q" ",~ c:, 0.."0. Jt«,#~"" ATTEST: /0...... ..0.., ~ -~ 0 * ..t1'~ . /). ¥t::f ~Š~ (bU-- U :: <.) ':. . Co :; "; o. l f LORI FAR VVELL, C TY SECRETARY ~.. .... ./ $ " .0..... " " " "It *** ,,-' PASSED AND APPROVED on the 2nd readíÍi~tl'llè'J.afu day of _rVO\/-Dm blJl ,2003. ~-= -A - THE HOND LE ANDY W AMBSGANSS, MAYOR ",'1"""'.",- "", aU TH "1".. -" ~ 'S........':-1k ~~, " 0 ... ..;'«, ç. .:: ~ . 0., -: ft::f * .~~: -.u. .)<~, :: :. : j;. :: ~ .°. leo§ -:;, '... ...." $' '.. .."'.' ," "'#, *' '* * ,.", APPROVED AS TO FORM AND LEGALITY: """"""1"'" ~J'ýÅ CITY ATTORNEY ¡/ ;)-3-04 ATTEST: [~()- ~ . LORI FARVVELL, CITY SECRETARY DATE: ADOPTED: JI.IB.03 EFFECTIVE : II-B)- 03 Amendment of Zoning Ordinance to Allow Termination of Non-conforming Use Regardless of Intent W:\SouthJake\Ordinances\ZoningOrdArnend.OOl (tgs revision).wpd Page 5 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 234103031 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/02/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/2003 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23410303 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/02/2003 ': ' "1` Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 1 74 74 LINE $7.48 $553.56 ORDINANCE NO. Sales Discount o Nit ($454.40) CITY QF_ SQUTH- I ,Ordinance No. LMAKE as dmended,the comprehensive zon- .Notice is nbv given' inc ordinance of the by the City ncil of City of Southlake, ate City of Southlake, Texas; revising Sec- Texas, Ad a p lic lion 6.9 "Discontinu- Net Amount: $99.16 hea� held ance or abandon- on 16, ment" as it relates to 2009,at 6:00 m. or the status of non- immediately Ing conforming uses; re- thet�Wdm py�• vising other pertinent Ci Council mebtin sections for consis- tency; cng that n be of this ordinances shall Sl U Council 1.1400 min ber cumulativence ; r of all U Town Hall,1400.Main ordinances providing Street, Southlake, a severabirity clause; 'Texas.Purpose OT the providing for a penalty public hearing Is to for violations hereof; consider the second' providinga savings �(�Cl�____\ reading of the • clause;ublic providing m- `\t, /1 L towing ordinance: publication in cam- 1 - pphlet form; providing for publication in the and providing —� and providing an ef- �---v TAHY tractive date. \..„-------------- S CR� • SECTION 6. ��ICC of CI I . An person, firm or THE STATE OF TEXAS corporationes; obeys°orr vio- lates; County of Tarrant na0lacts or refuses to coVhP with or who resists the enforce- Before any of the Before me,a Notary Pubs! provisions of this or-'and State,this day personally appeared Christy Holland, Bid and Legal Coordinator for the Star Telegram,pul dinan not Two ram,inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did Thous nd Dollars, depose and say that the attached clipping oo8.00) for each i published\OR THE INTERNET in the above named paper on the listed dates: BIDS 8L LEGAL DEPT. STARTLEGRAM aviotaetionallape`�nnm dns (817) 390-7572 to exist shall co -' i �tulneasa separate of- flia City. of Southlake Lori Farwell Signedjt-d City Secretary SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday,November 07 2003. Notary Public �_La04, t,,,06_06-y\ ro,,_,_. .. VICKI L.WASON ``'i' ;, MY COMMISSION EXPIRES ' Thank You For Your Payment "1 �, AUGUST F�"+ 28,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 234103031 Invoice Amount: $99.16 PO Number: Amount Enclosed: $ J .. .. .. ................. . .......... INVOICE Pi.t ......Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 234815311 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 11/21/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/2003 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23481531 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/21/2003 ) tis a ptla .. Lc tt +gyp < Carl: Dep h Linage l ummmr 14. �n u-nt CITY OF SOUTHLAKE ORDINANCE NO I3580 1 62 62 LINE $0.81 $50.22 1 CITY OF SOUTHLAKE ORDI4N6AONCE NO. An ordinance amend- Net Amount: $50.22 ing Ordinance No. 480,as amended,the comprehensive zon- ing ordinance of the City of Southlake, Texas; revising Sec- tion 6.9 "Discontinu- ance or abandon- ment" as it relates to the status of non- conforming uses; re- vising othersfo pertinent coi II ra II (t!1 2 sections for consist D I11�'J IL5} U I-'[ '1 fancy; providing that this ordinances shall be cumulative of_all ordinances' providing a severabiftty clause; 2 �] J prov�dfngg fora penalty H\ DEC - 2003 for vfola�tions hereof; providing a savings clause; providing for publication in pam- phlet form;.providing • for publication in the official newspaper; OFFICE Of CITY SECRETARY and providing an eft fectiv@ date. 6. THE sEMTIn, it Any person, firm or Coun. corporation who vio- lates,disobeys,omits, neglects or refuses to Befort. °e°lapis they e°rifo ce° nd for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator for the proovisioons of this of the d by the Star-Telegram, Inc.at Fort Worth,in Tarrant County, Texas;and who,after being duly sworn,did depose and say that d dinance shall be fined ,advertisement waspublished\OR ON THE INTERNET in the above named paper on the listed dates: BIDS&LEGAL not more than Two DEPT, Thousand Dollars (B 17x (52.000.00) for each t Each day that % / a exisonti pertnttted to exist shall consti- 0 tuts a separate of- fense. Signed d— le-d PASSED AND AP- PROVED THIS THE 1 gth DAY OF NO-. SUBSC V MSER, Zoos, O BEFORE ME, THIS Tuesday,November 2 , 00 . — - - DDURING THE REG- MIL MEETINGCOUN- ndy �k t ��_//% MAYOR: Andy Notary Public - Wambsganas City Sec etar Farwell, yet'- � VICKI L.WASON �� i MY COMMISSION EXPIRES Thank You For Your Payment , :,,o AUGUST 28,2004 Remit To: .Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 234815311 Invoice Amount: $50.22 PO Number: Amount Enclosed: -a$.�WW_ 1