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480-PPPORDINANCE NO. 480 -PPP AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO MASONRY REQUIREMENTS; 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 city council has 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: SECTION 1. Section 43.9cl(a) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Masonry Requirements: These standards shall apply to facades which are visible from the following roadways and their respective rights-of-way: SH 114, Carroll Ordinance No. 480 -PPP Page 1 Avenue between SH 114 and FM 1709, FM 1709, FM 1938, and roadways designated as having sixty -foot (60') or greater rights-of-way in the Thoroughfare Plan. All facades of the applicable buildings shall be constructed with the same material and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW. Stucco or plaster shall only be allowed when applied using a 3 -step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. The use of synthetic products (e.g., EIFS —exterior insulation and finish systems, hardy plank, or other materials of similar characteristics shall not be considered a masonry material. SECTION 2. Section 43.13.a(1) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Masonry Requirements: All facades of the applicable buildings shall be constructed with the same material(s) and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade that is visible. Stucco or plaster shall only be allowed when applied using a 3 -step process over diamond metal lath mesh to a 7/8th-inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. The use of synthetic products (e.g., EIFS—exterior insulation and finish systems, Hardy plank, or other materials of similar characteristics shall not be considered a masonry material. SECTION 3. 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 Ordinance No. 480 -PPP Page 2 provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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 5. 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 6. 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. Ordinance No. 480 -PPP Page 3 SECTION 7. 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 8 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Ordinance No. 480 -PPP Page 4 SECTION 9. 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 3rd day of April, 2007. MA OR ATTEST: ®U s,'. /_ BBBO•®•BBB BT °♦♦ ♦ CITY SECRETARV U �e ��°° ®BBBOOBBBB BBm�B®OB ��,a, PASSED AND APPROVED on the 2nd reading the 171h day of April, 2007. °......A4a�``` MAYOR ATTEST: �``.`�,pUTli�' s ,$,JBBOBOB OB � °O°♦ PaB ^- CITY SECRETAR BB a v/ a APPROVED AS TO FORM AND LEGALITY: �®°° ®Boea•oo'�ao a�a CITY ATTORNZ-07 DATE: 5- ADOPTED: � / 7 07 EFFECTIVE: 4 20-07 Ordinance No. 480 -PPP Page 5 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE CITY OF SOUTHLAKE ORDD THE STA' County of Before me for the Ste say that tr TELEGRAM (817) 390-7501 INVOICE .e Customer ID: CIT57 Invoice Number: 282908261 t`Ti" Invoice Date: Terms: 4/20/07 Net due in 21 days MAY Due Date: 4/30/07 PO Number: PD W/ MC Order Number: 28290826 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/20/07 Legal Notices 1 64 64 LINE $0.81 $51.84 PENALTY FOR VIC, LATIONS HEREOF; PROVIDING A SAV- PROVIDING LA FOE PUBLICATION IN PROVIDING FORM' Net Amount: $51.84 PUBLICATION IN THE OFFICIAL RE-E PROVIDINGRANAE D FECTIVE DATE. SECTION 5. Any person, firm or corporation who vio- lates ,disobeys, omits, neglects or refuses to MAY — 7 ?_007 comply with or who resists the enforce- ment of any of the this provisions of or- dinance shall be fined OFFICE OF CITY SECRETARY a violation is permittea to exist shall consti- tute a separate of- fense. 1 v��E D AND AP- CHRISTY L. HOLLAND PROVED THIS THE 17th DAY OF APRIL (" MY COMMISSION EXPIRES 2007 DURING THE REG(JLAR CITY ` �0 July31,2008 COUNCIL MEETING. ,�, OAYOR: Andy Wambsganss %TTEST: Lori Payne, City Secretary or said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR Sign SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 2 , 20y�7. Notary Public Thank You For Your Payment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 282908261 Invoice Amount: $51.84 PO Number: PD W/ MC Amount Enclosed: $