480-FFFFF ORDINANCE NO. 480-FFFFF
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AMENDING SECTION 34, ACCESSORY USES, SECTION 20 C-1
NEIGHBORHOOD COMMERCIAL; C-2 LOCAL RETAIL COMMERCIAL
USES; C-3 GENERAL COMMERCIAL DISTRICT, SECTION 45 SPECIFIC
USE PERMITS, AND SECTION 4 DEFINITIONS REGULATIONS
PERTAINING BEER PUBS, CRAFT BREWERIES, SOLAR ENERGY
SYSTEMS, SMALL COMMERCIAL CUSTOMERS AND OUTDOOR PATIO
DINING 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:
SECTION 1
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Section 4 is hereby amended by changing the following definitions to read as
follows:
BREW PUB - An eating and drinking establishment with a small brewery on premise or on an
adjacent premise which is authorized to manufacture, brew, bottle, can, package, and label
malt beverages/beer to sell or offer without charge to the ultimate consumer for on-site and
off-site consumption, transport, sell to distributors, or self-distribute. Food sales must be
greater than 50% of the gross receipts of the business. Production is limited to a maximum of
10,000 barrels annually or as defined by the Texas Alcoholic Beverage Commission (TABC).
All operations, even if described as a permitted activity in this definition, must adhere to all
TABC regulations. The owner/operator shall obtain all required TABC permits/licenses prior
to operating.
CRAFT BREWERY —A retail commercial use with a small brewery located on the premise or
on an adjacent premise which is authorized to manufacture, brew, bottle, can, package, and
label malt beverages/beer to sell or offer without charge to the ultimate consumer for on-site
and off-site consumption, transport, sell to distributors, or self-distribute. Sampling or tastings
of product are permitted. Retail sales of products related to the brewery operation are
permitted. Food can be served but is not required. Production is limited to the maximum of
number of barrels as defined by the Texas Alcoholic Beverage Commission. All operations,
even if described as a permitted activity in this definition, must adhere to all TABC
regulations. A Specific Use Permit approved by the City Council under the term "bar or
tavern" is required if the establishment derives 75% or more of the establishment's gross
revenue from the on-premise sale of alcoholic beverages and the operation is located is a "C-
3" or "DT" Downtown zoning dist. A craft brewery in a "C-2" Local Retail District shall only be
permitted with approval of a specific use permit; and sales from a craft brewery located in a
C-2 district shall not derive 75% or more of the establishment's gross revenue from the on-
premise sale of alcoholic beverages. The owner/operator shall obtain all required TABC
permits/licenses prior to operating.
SMALL COMMERCIAL CUSTOMER - A non-residential retail customer having a peak
demand of 1,000 kilowatts (kW) or less as defined by the State of Texas Utility Code as
mended.
SECTION 2
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning
Ordinance, Sections 21, 22, 37 and 45 are hereby amended to read as follows:
Add "Brew Pub" as a permitted use in the following sections:
Section 21 — "C-2" Local Retail Commercial District
Section 22 — "C-3" General Commercial District
Section 37 — "DT" Downtown District
Add "Craft Brewery" as a permitted use in the following sections:
Section 22 — "C-3" General Commercial District
Section 37 — "DT" Downtown District
Modify Section 45.1 to add "Craft Brewery" as a Specific Use:
45.1.50
SPECIFIC USE DISTRICT WHERE PERMITTED
50. Craft Brewery C2
SECTION 3
Ordinance No. 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance,
Section 34.1 is hereby amended to read as follows:
ACCESSORY USE Districts where
permitted
nn. Outdoor Patio Dining (seating, tables and portable umbrellas) in C1, C2, C3, DT
which the following criteria is met:
1. Patio area shall not exceed 25% of the restaurants indoor dining
square footage area or 800 square feet, whichever is less, unless
specifically approved by City Council as part of a site plan.
2. Sidewalk clearance of Americans with Disability Act (ADA)
standards (36") must be maintained.
3. Must be located on-site and not create a safety or traffic hazard.
4. Cannot be located within a fire lane.
5. Shall not eliminate any required parking.
6. Shall be maintained in a clean and orderly fashion and meet all
applicable County and State regulations and Texas Alcoholic
Beverage Control Regulations.
7. May not result in the alteration of the building, sidewalk or other
infrastructure.
8. Must not include any permanent improvements such as barriers,
fences, canopies, awnings, etc.
9. Proof of permission to install an outdoor patio area is required to
be submitted to the City in writing from the property owner and/or
the property management company.
All patios must be approved by the City's Fire Marshal and Building
Official or the assigned designee. Barriers may be used to
demarcate the patio dining area. Barriers can include wood, metal or
synthetic fencing, planters, or other devises approved by the
Planning and Development Services Department. An encroachment
agreement with the City may be required for any outdoor patio areas
located in the right of way.
II. Solar Energy Systems — Roof mounted Solar Panels in All applicable Zoning
Residential and Non-Residential Districts are permitted for all Districts — Site Plan
residential and small commercial customers under the following Required
standards as established by State law: (480-FFFFF):
A. Residential and small commercial customers:
i. Conforms to the slope of the roof and has a top edge that is
parallel to the roofline.
ii. Has a frame, a support bracket, or visible piping or wiring that is
silver, bronze, or black tone commonly available in the
marketplace.
iii. If a ground mounted system is located in a fenced yard or patio
the system cannot be taller or exceed the height the fence line.
iv. Shall not create a public health or safety issue or violate a law.
v. A letter submitted to the City from the installer indicating the
system was installed per material warranty.
mm. Solar Energy Systems — Roof mounted Solar Panels in Non - All Non-Residential
Residential Districts are permitted under the following standards Districts — Site Plan
(480-DDDDD) (For small commercial customers see section Required.
34.1.11)
A. Flat roof structures
1) A line of site analysis demonstrates that the system is not visible
from any public or private roadway/right of way or any residential
zoned or residentially land use plan property within 300 feet of the
structure.
B. Solar Shingle or Roof Material
i. Any solar energy system such as a solar shingle that cannot be
differentiated from a typical roofing shingle or material.
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, 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.
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 21st day of September 2021.
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PASSED AND APPROVED on the 2nd reading the 5th day of October 2021.
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
36037 149491 Print Legal Ad-IPL0044195 $237.84 1 168 L
Attention: Tara Brooks THE STATE OF TEXAS
CITY OF SOUTHLAKE COUNTY OF TARRANT
1400 MAIN ST
STE 440 Before me,a Notary Public in and for said County
SOUTHLAKE,TX 760927604 and State,this day personally appeared Amanda
Grisham,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at
Fort Worth,in Tarrant County,-Texas.,-and who,-_ - - -
after being duly sworn,did depose and say that
the attached clipping of an advertisement was
published in the above named paper on the listed
dates:
Copy of ad content
is on the next page No.of Insertions: 1
Beginning Issue of: 10/08/2021
Ending Issue of: 10/08/2021
Sworn to and subscribed before me this 8th day of
October in the year of 2021
Notary Public in and for the state of Texas,residing in
Dallas County
I % � STEFAN MO- T r BEARD l
1 .yt.``).4.' My 1,10(afylD0131T�i`51
1.11.: >t Q a>B, EON Oda*23.2022
Extra charge for lost or duplicate affidavits.
Legal document please do not destoyl
ORDINANCE NO.480-FFFFF
AN ORDINANCE AMENDING ORDI-
NANCE NO.480,AS AMENDED,THE
COMPREHENSIVE ZONING ORDI-
NANCE OF THE CITY OF SOUTH-
LAKE, TEXAS;AMENDING SECTION
34,ACCESSORY USES,SECTION 20
C-1 NEIGHBORHOOD COMMERCIAL;
C-2 •LOCAL RETAIL COMMERCIAL •
USES;C-3 GENERAL COMMERCIAL
DISTRICT,SECTION 45 SPECIFIC USE
PERMITS, AND SECTION 4 DEFINI-
TIONS REGULATIONS PERTAINING
BEER PUBS, CRAFT BREWERIES,
SOLAR ENERGY SYSTEMS, SMALL
COMMERCIAL CUSTOMERS AND
OUTDOOR PATIO DINING PROVIDING
THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANC-
ES; PROVIDING A SEVERABILTTY
CLAUSE;PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF;PROVID-
ING A SAVINGS CLAUSE;PROVIDING
FOR PUBLICATION IN PAMPHLET
FORM;PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER;AND
PROVIDING AN EFFECTIVE DATE.
SECTION 6.
ANY PERSON,FIRM OR CORPORA-
TION WHO VIOLATES, DISOBEYS,
OMITS,NEGLECTS OR REFUSES TO
COMPLY WITH OR WHO RESISTS
THE ENFORCEMENT OF ANY OF
THE PROVISIONS OF THIS ORDI= - - -
NANCE SHALL BE FINED NOT MORE
THAN TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE.
EACH DAY THAT A VIOLATION IS
PERMI T I h. TO EXIST SHALL CON-
STITUTE A SEPARATE OFFENSE.
PASSED AND APPROVED
on the 2nd reading ON THE
5TH DAY OF OCTOBER 2021.
MAYOR: JOHN HUFFMAN
ATTEST: AMY SHEL-
LEY, CITY SECRETARY
ORDINANCE NO.480-786
AN ORDINANCE AMENDING ORDI-
NANCE NO.480,AS AMENDED,THE
COMPREHENSIVE ZONING ORDI-
NANCE OF THE CRY OF SOUTH-
LAKE,TEXAS;GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CRY
OF SOUTHLAKE,TEXAS BEING LE-
GALLY DESCRIBED AS TRACT 5A03,
SAMUEL FREEMAN SURVEY, NO.
525 ADDITION,CRY OF SOUTHLAKE,
TARRANT COUNTY TEXAS BEING
APPROXIMATELY 3.749 ACRES,AND
MORE FULLY AND COMPLETELY DE-
SCRIBED IN EXHIBIT°A"FROM"AG"
AGRICULTURAL DISTRICT TO "SF-
20A" SINGLE FAMILY RESIDENTIAL
DISTRICT,AS DEPIL I IJJ ON THE AP-
PROVED SITE PLAN ATTACHED HERE-
TO AND INCORPORATED HEREIN AS
EXHIBIT"B",SUBJECT TO THE SPE-
CIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRE-
SERVING ALL OTHER PORTIONS OF •
THE ZONING ORDINANCE; DETER-
MINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL OR-
DINANCES; PROVIDING A .SEVER-
ABILITY CLAUSE;PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND
PROVIDING AN N-I-tCTIVE DATE.
SECTION 7.
ANY PERSON,.FIRM OR CORPORA-
TION WHO VIOLATES, DISOBEYS,
OMITS,NEGLECTS OR REFUSES TO
COMPLY WITH OR WHO RESISTS
THE ENFORCEMENT OF ANY OF
THE PROVISIONS OF THIS ORDI-
NANCE 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 CON-
STT(UTE A SEPARATE OFFENSE
PASSED AND APPROVED