Item 9 - 480-ZZZZ
Ord. No. 480-ZZZZ Page 1
M E M O R A N D U M
May 17, 2019
To: Planning and Zoning Commission
From: Ken Baker, AICP – Senior Director of Planning & Development Services
Subject: Ordinance No. 480-ZZZZ, Proposed Amendments to the City of
Southlake Zoning Ordinance, as amended
Action
Requested: Conduct a public hearing and consider approval of the proposed
Ordinance No. 480-ZZZZ.
Background
Information: The purpose of this item is to amend the City of Southlake Zoning
Ordinance No. 480, as amended, to provide flexibility for residential
accessory buildings in regard to coverages, placement and
family/domestic employee quarters.
More specifically, the amendment proposes the following:
• Exempt detached garages (1,000 sf maximum) and detached
family/domestic employee quarters from the maximum permitted
accessory structure area (currently requires approval of Special
Exception Use (SEU) if over the permitted aggregate or cumulative
area);
• Allow one (1) family/domestic quarters that are internal or attached to
the principal residence or which are attached or above a detached
garage as a permitted accessory use (currently requires approval of a
SEU);
• Remove specific maximum floor area 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);
• Remove the restrictions regarding placement of detached
family/domestic employee quarters in relation to the principal
residence and visibility from the street (currently requires quarters to
be 30 feet behind the principal dwelling or not visible from the street;
Must still meet district and accessory building setbacks; subject to
such limitations and requirements as the Board of Adjustment deems
to be necessary to protect adjacent properties);
• Allow an accessory building forward of the principal building by
Special Exception Use (currently requires approval of a variance or
SUP; Must still meet district and accessory building setbacks; subject
Ord. No. 480-ZZZZ Page 2
to such limitations and requirements as the Board of Adjustment
deems to be necessary to protect adjacent properties);
Citizen Input/
Board Review: A City Council work session was held at their March 19, 2019 meeting;
Link to City Council Work Session
A SPIN meeting was held on May 14, 2019.
P & Z Action:
City Council
Action:
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Full Redline Changes
(B) Ordinance 480-ZZZZ
(C) Link to City Council Work Session
Staff Contact: Ken Baker (817) 748-8067
Dennis Killough (817) 748-8072
Amendment Proposals
Ordinance 480, Section 4 - Definitions
DOMESTIC EMPLOYEE AND FAMILY QUARTERS - An accessory building located on the
same lot with the main building and used as living quarters, including provisions for
sleeping, cooking and sanitation, by persons employed on the premises or by the family of
the owner of the premises and not to be rented or otherwise used as a separate domicile.
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
jj. 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 and provided that the quarters are accessory to and subordinate to the principal
single family use and structure. Such quarters must be attached to or internal within the
principal residential dwelling or attached to or above detached residential garage. Where a
quarters is part of a detached residential garage, the floor area of the quarters shall not
exceed fifty percent (50%) of the building area of the garage if attached to the garage or
one-hundred percent (100%) of the building area of the garage if above the garage. The
building area of the quarters shall not count toward the cumulative permitted area of
Ord. No. 480-ZZZZ Attachment A
Page 1
accessory building permitted by the underlying zoning district. Only one (1) domestic
employee or family quarters may be permitted as part of the principal residential unit under
this provision. Permitted in AG, RE-5, RE-7, RCS, SF-1A, SF-1B, SF-2, SF-30, DT *, *Shall
apply only to approved single-family residential uses in the DT zone.
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, which is not otherwise permitted as an accessory
use under Section 34.1 of this ordinance, shall not be rented or otherwise used as a
separate domicile and 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, and cannot be accommodated by the existing system.
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.
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 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
* Shall apply only to approved single-family residential uses in the DT zone
Ord. No. 480-ZZZZ Attachment B
Page 1
ORDINANCE NO. 480-ZZZZ
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 4 (DEFINITIONS),
SECTION 34 (ACCESSORY USES), SECTION 44 (BOARD OF
ADJUSTMENTS), AND SECTION 45 (SPECIFIC USE PERMITS) TO
PROVIDE FLEXIBILITY FOR RESIDENTIAL ACCESSORY BUILDING
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-ZZZZ Attachment B
Page 2
SECTION 1
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, Section 4 is hereby amended by changing subsection e. 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, Section 44.12 is hereby amended changing subsections (1) and adding (7)
as follows:
Reserved for approved amendments
SECTION 4
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 5
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 6
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-ZZZZ Attachment B
Page 3
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.
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
Ord. No. 480-ZZZZ Attachment B
Page 4
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.
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
Ord. No. 480-ZZZZ Attachment B
Page 5
ATTEST:
____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ________, 2019.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY