Item 4M
Ord. No. 480-YYYY Page 1
M E M O R A N D U M
January 8, 2019
To: Planning and Zoning Commission
From: Ken Baker, AICP – Senior Director of Planning & Development Services
Subject: Ordinance No. 480-YYYY, Proposed Amendments to the City of
Southlake Zoning Ordinance, as amended
Action
Requested: Consider 1st reading approval of the proposed Ordinance No. 480-YYYY.
Background
Information: The purpose of this item is to discuss proposed amendments to
Ordinance No. 480, as amended, Sections 44 (Board of Adjustments) and
Sections 34 (Accessory Uses) that will provide flexibility for residential
accessory building setbacks, coverages, and family/domestic employee
quarters.
More specifically, the amendments will allow setback reductions for
accessory building setbacks in residential districts by Special Exception
Use (currently requires approval of a variance); allow an accessory
building forward of the principal building by Special Exception Use
(currently requires approval of a variance or SUP); exempt detached
garages (1,000 sf maximum) and detached family/domestic employee
quarters from the maximum permitted accessory structure area (currently
requires approval of SEU if over the permitted aggregate or cumulative
area); and, remove specific floor area maximum for family/domestic
employee quarters (currently has a maximum of 1,000 sf in SF-30 and
2,000 sf in all other permitted residential districts).
Citizen Input/
Board Review: A SPIN meeting was held on December 11, 2018. Link to SPIN Report
P & Z Action: January 3, 2019; Approved as presented (7-0).
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Full Redline Changes
(B) Ordinance 480-YYYY
(C) Link to Presentation
(D) Link to SPIN Report
Staff Contact: Ken Baker (817) 748-8067
Ord. No. 480-YYYY Attachment A
Page 1
Amendment Proposals
Ordinance 480, Section 44.12
1. Domestic employee or family quarters for residents employed on the premises or family
members of the owner of the premises shall not be rented or otherwise used as a separate
domicile provided the gross inhabitable square footage of the floor area shall not exceed two
thousand (2,000) square feet except that the gross inhabitable floor area in SF-30 zoning
shall not exceed one thousand (1,000) square feet that the quarters are accessory to and
subordinate to the principal single family use and structure. Such quarters may be housed
within the principal residential dwelling, above a residential garage, or be part of an
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 shall not be counted toward the sum total of
accessory building area, but shall be counted toward the maximum permitted lot coverage.
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.; Permitted in AG, RE-5, RE-7, RCS, SF-1A, SF-1B, SF-2, SF-30, DT* CONCEPT
PLAN REQUIRED; * Shall apply only to approved single-family residential uses in the DT
zone.
6. Reduction in the required setback from property lines for an accessory building or structure.
Permitted in AG, MF-1, SF-1A, SF-1B, SF-2, RE-5, RE-7, SF-30, SF-20A, SF-20B, MH, R-
PUD, TZD, ECZ; PLOT PLAN, ELEVATIONS, AND RENDERINGS REQUIRED
7. Accessory buildings located in the front yard. Permitted in AG, SF-1A, SF-1B, SF-2, RE-5,
RE-7, PLOT PLAN, ELEVATIONS, AND RENDERINGS REQUIRED
Ordinance 480, Section 34.1
e. Private residential garages, carports and related storage buildings and greenhouses
accessory to permitted residential uses. Private residential garages not exceeding 1,000
square feet in area, singularly or cumulatively, and are not part of the main building, shall
not be counted toward the sum total of accessory building area, but shall be counted toward
the maximum permitted lot coverage. Permitted in AG, RE-5, RE-7, RCS, SF-1A, SF-1B,
SF-2, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, DT*, TZD*, EC*; * Shall apply only to
approved single-family residential uses in the DT, TZD, and EC zones
Ordinance 480, Section 45.1 (43)
43. Accessory buildings located in the front yard. Permitted in SF-1A, SF-1B, RE-5 and RE-7
PLOT PLAN REQUIRED
Ord. No. 480-YYYY Attachment B
Page 1
ORDINANCE NO. 480-YYYY
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 44 (BOARD OF
ADJUSTMENTS), SECTION 34 (ACCESSORY USES) AND SECTION
45 (SPECIFIC USE PERMITS) TO PROVIDE FLEXIBILITY FOR
RESIDENTIAL ACCESSORY BUILDING SETBACKS, COVERAGES,
AND FAMILY/DOMESTIC EMPLOYEE QUARTERS; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Ord. No. 480-YYYY Attachment B
Page 2
SECTION 1
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, Section 44.12 is hereby amended changing subsections (1) (6) And (7) as
follows:
Reserved for approved amendments
SECTION 2
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, Section 34.1 is hereby amended by changing subsection e. as follows:
Reserved for approved amendments
SECTION 3
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, 45.1, is hereby amended by changing subsection e. and subsection (43) as
follows:
Reserved for approved amendments
SECTION 4
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 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,
Ord. No. 480-YYYY Attachment B
Page 3
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 6
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 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 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.
Ord. No. 480-YYYY Attachment B
Page 4
SECTION 9
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website 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 in the official City newspaper one time within ten (10)
days after passage of this ordinance, as required by Section 3.13 of the Charter of the
City of Southlake.
SECTION 10
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 _____ day of _______, 2019.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ________, 2019.
Ord. No. 480-YYYY Attachment B
Page 5
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY