Item 4F
Ord. No. 480-ZZZZ Page 1
M E M O R A N D U M
August 12, 2019
To: Shana Yelverton, City Manager
From: Ken Baker, AICP – Senior Director of Planning & Development Services
Subject: Ordinance No. 480-AAAAA, 1st reading, an amendment to the City of
Southlake Zoning Ordinance, No. 480, as amended, to amend provisions
regarding appeals to the Board of Adjustment.
Action
Requested: Consider 1st reading approval of the proposed Ordinance No. 480-AAAAA.
Background
Information: The purpose of this item is to amend the City of Southlake Zoning
Ordinance No. 480, as amended, regarding appeals to the Board of
Adjustment in order to align with House Bill 2497 of the 86th
legislative session which will go into effect on September 1, 2019.
The amendment addresses the following:
• Persons which can file an appeal of a decision of the administrative
official to the Board of Adjustment;
• The time period for filing an appeal;
• The time period in which the board shall decide the appeal.
Citizen Input/
Board Review: A SPIN meeting is scheduled for August May 14, 2019.
P & Z Action: August 8, 2019; Approved (6-0)
City Council
Action:
Legal Review: This item is under review by the City Attorney.
Attachments: (A) Full Redline Changes
(B) Ordinance 480-AAAAA
Staff Contact: Ken Baker (817) 748-8067
Dennis Killough (817) 748-8072
Amendment Proposals
(red line/strikeout)
Ord. No. 480-AAAAA Attachment A
Page 1
Ordinance 480, Section 44.8 APPEAL TO BOARD
44.8 APPEAL TO BOARD - All questions of interpretation and enforcement shall be first
presented to the Administrative Official, and such questions shall be presented to the
Zoning Board of Adjustment only on appeal from the decision of the Administrative Official.
a. Appeals to the Board of Adjustment concerning interpretation of administration of this
ordinance may be taken by any person aggrieved or by any officer or department of
the City affected by any decision of the Administrative Official in accordance with the
adopted rules of procedure and Section 211.010 of the Texas Local Government
Code. Such appeals shall be taken within a reasonable time, not to exceed 60 days,
or such lesser period as may be provided by the rules of the Board of Adjustment
specifying the grounds thereof. The Administrative Official shall forthwith transmit to
the Board all papers constituting the record upon which the action appealed was taken.
i.) Any of the following persons may appeal to the board of adjustment a decision made
by an administrative official that is not related to a specific application, address, or
project:
a.) a person aggrieved by the decision; or
b.) any officer, department, board, or bureau of the municipality affected by the
decision.
ii.) Any of the following persons may appeal to the board of adjustment a decision
made by an administrative official that is related to a specific application, address,
or project:
a.) a person who filed the application that is the subject of the decision;
b.) is the owner or representative of the owner of the property that is the subject
of the decision;
c) is aggrieved by the decision and is the owner of real property within 200 feet of
the property that is the subject of the decision;
d) is any officer, department, board, or bureau of the municipality affected by the
decision.
b. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give
public notice thereof as well as due notice to the parties in interest, and decide the
same within a reasonable time. At the hearing, any party may appear in person or by
agent or attorney.The appellant must file with the board and the official from whom the
appeal is taken a notice of appeal specifying the grounds for the appeal, in accordance
with the application procedures of the adopted rules of the Board of Adjustment. The
appeal must be filed not later than the 20th day after the date the decision is made.
On receiving the notice, the official from whom the appeal is taken shall immediately
Ord. No. 480-AAAAA Attachment A
Page 1
transmit to the board all the papers constituting the record of the action that is
appealed.
c. The board shall set a reasonable time for the appeal hearing and shall give public notice
of the hearing and due notice to the parties in interest. A party may appear at the
appeal hearing in person or by agent or attorney. The board shall decide the appeal at
the next meeting for which notice can be provided following the hearing and not later
than the 60th day after the date the appeal is filed.
Ord. No. 480-AAAAA Attachment B
Page 1
ORDINANCE NO. 480-AAAAA
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-AAAAA Attachment B
Page 2
SECTION 1
Ordinance No. 480, as amended, the City of Southlake’s Comprehensive Zoning
Ordinance, Section 44.8 is hereby amended as follows:
44.8 APPEAL TO BOARD - All questions of interpretation and enforcement shall be first
presented to the Administrative Official, and such questions shall be presented to the
Zoning Board of Adjustment only on appeal from the decision of the Administrative Official.
a. Appeals to the Board of Adjustment concerning interpretation of administration of this
ordinance may be taken by any person aggrieved or by any officer or department of
the City affected by any decision of the Administrative Official in accordance with the
adopted rules of procedure and Section 211.010 of the Texas Local Government
Code. Such appeals shall be taken within a reasonable time, not to exceed 60 days,
or such lesser period as may be provided by the rules of the Board of Adjustment
specifying the grounds thereof. The Administrative Official shall forthwith transmit to
the Board all papers constituting the record upon which the action appealed was taken.
i.) Any of the following persons may appeal to the board of adjustment a decision made
by an administrative official that is not related to a specific application, address, or
project:
a.) a person aggrieved by the decision; or
b.) any officer, department, board, or bureau of the municipality affected by the
decision.
ii.) Any of the following persons may appeal to the board of adjustment a decision
made by an administrative official that is related to a specific application, address,
or project:
a.) a person who filed the application that is the subject of the decision;
b.) is the owner or representative of the owner of the property that is the subject
of the decision;
c) is aggrieved by the decision and is the owner of real property within 200 feet of
the property that is the subject of the decision;
d) is any officer, department, board, or bureau of the municipality affected by the
decision.
b. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give
public notice thereof as well as due notice to the parties in interest, and decide the
same within a reasonable time. At the hearing, any party may appear in person or by
agent or attorney.The appellant must file with the board and the official from whom the
appeal is taken a notice of appeal specifying the grounds for the appeal, in accordance
with the application procedures of the adopted rules of the Board of Adjustment. The
Ord. No. 480-AAAAA Attachment B
Page 3
appeal must be filed not later than the 20th day after the date the decision is made.
On receiving the notice, the official from whom the appeal is taken shall immediately
transmit to the board all the papers constituting the record of the action that is
appealed.
c. The board shall set a reasonable time for the appeal hearing and shall give public notice
of the hearing and due notice to the parties in interest. A party may appear at the
appeal hearing in person or by agent or attorney. The board shall decide the appeal at
the next meeting for which notice can be provided following the hearing and not later
than the 60th day after the date the appeal is filed.
SECTION 2
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 3
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 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of an y of the provisions of this ordinance
Ord. No. 480-AAAAA Attachment B
Page 4
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 5
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 6
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 7
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.
Ord. No. 480-AAAAA Attachment B
Page 5
SECTION 8
This ordinance shall be in full force and effect fro m 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.
____________________________
MAYOR
ATTEST:
____________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY