Item 12 - 480-KKKK
M E M O R A N D U M
August 17, 2012
To: Planning and Zoning Commission
From: Ken Baker, AICP – Director of Planning & Development Services
Subject: Amendment of Zoning Ordinance
No. 480-KKKK
Action
Requested: Conduct a public hearing and consider an amendment to the City of Southlake Zoning Ordinance 480, as amended, as it pertains to nonconforming uses and
nonconforming structures.
Background
Information: The City Council has requested Staff to bring forward an amendment to the City of Southlake Zoning Ordinance No. 480, as amended,
to address nonconforming conditions of property which may be created as a result of the acquisition of real property for the purpose of public improvements. The amendment proposes adding
language to the Zoning Ordinance to address minimum yard (building setback), lot coverage, impervious coverage and fencing nonconformities created as a result of real property acquisition
for public improvements such as street and utility projects.
Citizen Input/
Board Review: A public hearings are scheduled before both the Planning and Zoning Commission and the City
Council.
Legal Review: Under review by the City Attorney
Attachments: Redline-Strikeout of Proposed Ordinance No. 480-KKKK
City of Southlake Zoning Ordinance No. 480-KKKK
Redline - Strikeout
Section 6 - Nonconforming Uses
6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR USE
(Amended by Ordinance
480-BBBB)
a. Nonconforming Structures.
1. If a legal nonconforming structure is totally destroyed or partially damaged by the elements, fire, other catastrophe, or other casualty,
the structure may not be repaired or reconstructed except in conformity with the provisions of this ordinance.
2. If a nonconforming structure is partially damaged by the elements,
fire, other catastrophe, or other casualty, and the owner of the nonconforming structure wishes to repair or reconstruct the damaged structure, upon submission of a request for a building
permit, the zoning administrator shall first determine in writing whether the cost of repair or reconstruction is less than fifty percent (50%) of the structure’s fair market value immediately
preceding the casualty, exclusive of the value of the real property. In making a determination regarding the cost of repair or reconstruction, the zoning administrator shall include
all costs to make all repaired or reconstructed portions of the structure conform to all applicable health and safety codes adopted by the City that govern the use or condition of structures
designed for human occupancy, as amended, including but not limited to the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the City.
3. If
the zoning administrator determines that the cost of repair or reconstruction is less than fifty percent (50%) of the structure’s fair market value immediately preceding the casualty,
exclusive of the value of the real property, and the owner of the nonconforming structure complies with all other requirements of the City Code, the owner of the nonconforming use or
structure shall be entitled to a building permit permitting the owner to repair or reconstruct the damaged structure, provided that all repaired or reconstructed portions of the structure
shall conform to all applicable health and safety codes adopted by the City as described above. If the zoning administrator determines that the cost of repair or reconstruction is equal
to or greater than fifty percent (50%) of the structure’s fair market value immediately preceding the casualty, exclusive of the value of the real property, the owner of the nonconforming
structure shall be entitled to a building permit authorizing the owner to repair or reconstruct the damaged structure only if the proposed repairs and reconstruction completely eliminate
the non-conformity; otherwise, the owner shall be required to demolish the damaged structure and bring the property into full conformity with the terms of this ordinance.
4. Exceptions - Existing structures that do not conform with the minimum yard (building setback), maximum lot coverage or maximum impervious coverage regulations due to land or right-of-way
acquisition by a public agency having the power of eminent domain, shall be exempted from aforementioned regulations provided that any reconstruction or replacement does not cause a
greater extent of nonconformance than the pre-existing nonconforming structures, is not in conflict with the real estate interest of any public agency and otherwise conforms to the regulations
of this Ordinance. The expansion, enlargement or intensification of a preexisting nonconforming use or structure during reconstruction or replacement shall not qualify for the exemption
and shall continue to be regulated by the provisions of Section 6.
Section 39 – Screening and Fencing
Section 39.8 Fence Maintenance Requirements –
j. Existing fences removed,
damaged or destroyed due to land or right-of-way acquisition by a public agency with the power of eminent domain, shall be permitted to be relocated or reconstructed using the same or
similar materials and in the same or similar configuration as existed prior to the land or right-of-way acquisition such that the fence is not in conflict with the real estate interest
of any public agency and otherwise conforms to the regulations of this Ordinance.