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Item 6F Ord. No. 480-ZZZZ Page 1 M E M O R A N D U M August 27, 2019 To: Shana Yelverton, City Manager From: Ken Baker, AICP – Senior Director of Planning & Development Services Subject: Ordinance No. 480-AAAAA, 2nd 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: Conduct a public hearing and consider 2nd 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 was held on August 13, 2019. A link to the meeting report follows. SPIN Report P & Z Action: August 8, 2019; Approved (6-0) City Council August 20, 2019; Approved (6-0) on consent 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 Ord. No. 480-AAAAA Attachment A Page 1 (red line/strikeout) 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 any 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 from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 20th day of August, 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