2003 cc work session packet City of Southlake
Sou iQ Department of Planning
MEMORANDUM
December 2, 2003
TO: Honorable Mayor and City Council
FROM: Bruce Payne, Planning Director
SUBJECT: Worksession (Monday,December 8, 2003-6:30 P.M.-3'd Floor Town Hall-Training
Rooms A& B) to Review Proposed Amendments to the Peddlers/Solicitors, Zoning
and Street Curb Painting Ordinances and the Rescinding of the Seasonal Sales and
Mass Gathering Ordinances.
Purpose of the
Worksession: Review proposed ordinance amendments and rescissions necessary to update
solicitation/outdoor sales and mass gathering regulations.
Background: Currently there are six different city ordinances/regulations that have been adopted
over the past twenty years which in some manner regulate outdoor sales or service
(ivir activities (i.e. solicitation sales, outdoor sales, seasonal sales). These
ordinances/regulations are as follows: (1) Peddlers and Solicitors Ordinance; (2)
Seasonal Sales Ordinance; (3); Mass Gathering Ordinance; (4) special events
(found in the City's Zoning Ordinance); (5) temporary uses (found in the City's
Zoning Ordinance); and (6) Street Curb Painting Ordinance. The multiple
ordinances/regulations which govern outdoor sales and service activities have
resulted in an inefficient and sometimes confusing process in terms of
administration and enforcement. For instance, the Planning Department,the
Department of Public Safety, the City Secretary's office and the City Manager's
office currently administer and/or enforce at least one of the ordinances listed
above. Also,many of the existing regulations need to be updated to adequately
address the outdoor sales and service issues currently facing the City.
Over the past year, the staff has been working with the City Attorney's office to
streamline and update all applicable outdoor sales regulations and place them into
either the Peddlers and Solicitors Ordinance or the Zoning Ordinance. It is
proposed that solicitation/sales activities that are mobile in nature(door-to-door
sales/ice cream truck) or conducted on public property be regulated by the Peddlers
and Solicitors Ordinance, while outdoor sales or services on private property be
regulated by the Zoning Ordinance. As a result, all regulations governing outdoor
sales activities will be located in just two ordinances and would be administered
and enforced by either the Director of Public Safety(Peddler and Solicitors
Ordinance) or the Zoning Administrator(Zoning Ordinance).
Memo to City Council 1
12/2/2003
Proposed Changes: Below are overviews of the ordinances affected and a summary of the changes to
each ordinance as proposed by staff.
Peddlers and Solicitors (Ordinance. 643) /Code of Ordinances of the City of
Southlake, Chapter 13
Overview of Existing Ordinance
Adopted November, 1996. The solicitor's ordinance was the city's first
comprehensive attempt to regulate itinerant merchants and solicitors operating
within its limits. The ordinance applies to mobile solicitors, moving either by foot
or by vehicle, within the city limits. The predominant regulatory language of the
ordinance pertains to information required in making application; requirement for a
bond; allowed hours; and required display of identification. The ordinance does not
regulate what a solicitor sells, nor where items may be sold. The ordinance also
does not make a distinction between soliciting on private property vs. public
property, and does not differentiate between profit and non-profit solicitation
activities.
Summary of Proposed Changes
• The peddlers and solicitors ordinance will regulate solicitation activity that
is mobile in nature(door to door sales) or conducted on public property,
while outdoor sales or services on private property(i.e. hot dog
stands/Christmas tree sales) will be regulated via the zoning ordinance.
• The definition of solicitation is expanded to include: 1) the collection of
money for any purposes; and 2) the distribution of handbills or leaflets.
• Canvassing activities are now regulated.
• A person commits an offense if that person engages in a solicitation activity
within the right-of-way of any street or highway within the City.
• A person commits an offense if the person engages in solicitation or
canvassing in an aggressive or intimidating manner.
• A person commits an offense if a person engages in a solicitation or
canvassing activity at a residence after sunset.
• A person commits an offense if the person engages in a solicitation or
canvassing activity with the occupant of any vehicle stopped or traveling or
traveling on Highway 114, FM 1709, FM 1938 or any street or highway
within the Town Center Designation of the City's land use plan.
Memo to City Council 2
12/2/2003
l i
• A person commits an offense if the person engages in solicitation activity on
a sidewalk within the Town Center designation of the City's land use plan.
• Solicitation activity in conjunction with a city sponsored event (i.e. Art-in-
the Square) is not regulated.
• A non-profit organization or person conducting solicitation activity on
behalf of a non-profit organization is exempt from payment of a permit fee.
• Ordinance solely administered and regulated by the Department of Public
Safety.
Mass Gatherinj'Ordinance (198-1)/Code of Ordinances of the City of
Southlake, Chapter 3-Article II.
Overview of Existing Ordinance
Adopted June, 1982. Based upon review of the content of the ordinance, it would
appear that it was originally adopted to contend with the possibility of a
"Woodstock" style rock concert occurring in Southlake. The ordinance applies to
all gatherings of 500 or more people for more than six continuous hours and goes
into great detail about required supplies of water, emergency aid supplies (i.e.band-
(' aids), number of porta-potties, etc. Given that the type of large scale event the
ordinance was designed for never materialized (resulting in the ordinance being
applied rarely- if ever), in-house memory of the ordinance faded. Consequently, the
provisions of the ordinance had not been invoked in some time. During the
ordinance review phase conducted by the planning department, it was discovered
that the literal interpretation of the ordinance would require mass gathering permits
to be processed for children's soccer leagues and little league teams,the July 3rd
celebration, special events such as Art in the Square and Oktoberfest, etc.
Following up on the recognition of the requirements of this ordinance, its
provisions were recently applied to the Jewel outdoor concert that was held during
the 2003 Art in the Square event.
Summary of Proposed Changes
• Rescind the Mass Gathering Ordinance(198-1).
• The zoning ordinance will regulate any event or gathering attended by 200
or more people in a single day via the Special Use Permit(SUP)
requirements.
• Events or gatherings that are customary to the principal use (schools,
shopping centers, football stadium, and youth sports) are not subject to the
regulations of the ordinance.
Memo to City Council 3
12/2/2003
• Specific city standards for medical care, toilet facilities, food sanitation,
water supply, first-aid supplies etc. will be eliminated from the regulations.
Regulations will refer to the requirements of the Tarrant/Denton counties
health departments and the Texas Department of Health.
• Site renderings and other documentation will be required to demonstrate
compliance with ordinance.
Sale of Seasonal Items Ordinance (419)/Code of Ordinances of the City of
Southlake, Chapter 5-Article III
Overview of the Existing Ordinance
Adopted February, 1988. This ordinance attempts to bridge the gap between
permanently established uses controlled by the zoning ordinance and temporary
retail sales operations related to seasonal events. The seasonal sales ordinance also
functions similarly to a solicitor ordinance via the application and registration
requirements of the vendors. The ordinance authorizes the temporary sale of
Christmas trees, snow-cones, firewood and similar seasonal goods. Vendors are
required to have a seasonal sales permit in order to conduct the authorized activities
and are specifically prohibited from conducting such activities without a permit.
The ordinance stipulates the specific zoning districts where authorized seasonal
sales operations are allowed to be conducted, therefore, it performs as a hybrid
zoning ordinance designed to regulate temporary retail uses. Permits are limited to
the following specific zoning districts: AG, CS, R-1, R-2, I-1, & 1-2. Please note
that two of the named zoning districts no longer exist within the city, due to the
adoption of Ordinance 480, which converted the R-1 and R-2 districts to C-1 and
C-2 (inexplicably, the ordinance language in the updated city code presently
references the C-1 and C-2 districts,however,there is no record of an amendment
to Ordinance. 419 accomplishing this task). It should also be pointed out that the
locations that have been traditionally used for seasonal sales activities (Dallas Foam
site,NW corner of FM 1709 & Randol Mill, etc.) are not in any of the
aforementioned zoning districts.
Summary of Proposed Changes
• Rescind the Sales of Seasonal Items Ordinance(419).
• The zoning ordinance will regulate the sale of traditional seasonal sale items
(now referred to as Outdoor Sales or Services) via Special Use Permit
(SUP)requirements.
Memo to City Council 4
12/2/2003
Zoning Ordinance (Ordinance 480)
Overview
Adopted September, 1989. The initial version of this comprehensive revision to the
city's zoning ordinance did not include language governing special events or
temporary uses. Outdoor vending in the 0-1, 0-2, C-1, C-2, C-3 & C-4 zoning
districts is dealt with through the standard floor area requirement that"Each store,
shop or business shall have a minimum of 500 square feet of floor area("floor
area" being limited to the interior of the primary structure), which would indicate
that no outside vending may occur within the aforementioned zoning districts.
However, hot dog,popcorn & drink vendors notwithstanding, a quick review of
existing businesses within the city quickly reveals that there are dozens of
otherwise legitimate "stores, shops or businesses"within these zoning districts that
do not meet the floor area standard (i.e. accounting, insurance, landscaping, banks,
and other uses). Therefore, it is apparent that the floor area provision, as written,
has not been rigorously applied over the years. The zoning ordinance was amended
to allow for temporary tents for the purposes of promoting retail sales by
Ordinance. 480-H. Outdoor vendor sales and special events were allowed as an
SUP through adoption of the Town Square NR-PUD in 1997, and subsequently
remained an SUP when the PUD was converted to the Downtown zoning district in
2003. In 2001, regulations were provided to govern the display of seasonal goods
and merchandise associated with the principle commercial building.
Summary of Proposed Changes
• Section 4-Definitions—Added the following terms:
-Donation Bin (4-p. 5)
-Mass Gathering Area(4-p.14)
-Mass Gathering Event (4-p.14)
-Outdoor Commercial Displays (4-p. 16)
-Outdoor Sales or Services (4-p. 16)
-Private Property(4-p.18)
-Promoter(4-p. 18)
-Promote (4-p.18)
-Refuse (4-p.18)
-Sanitary Facilities (4-p.19)
• Section 34-Accessory Uses Added the following to the accessory use table
(Section 34.1):
- dd. Outdoor commercial display items (34-p. 5) -Also provided
specific regulations for this activity in section 34.3 (p.6).
Memo to City Council 5
12/2/2003
- ee. Yard or garage sales (34-p. 5) (Not addressed previously in the zoning
ordinance).
- ff. Fund raising/sales 34- . 5).
( p
- gg. Mass gathering event (34-p.5).
• Section 37-"DT"Downtown District—Deleted the following from Section
37.2-Schedule of Uses:
-Outdoor temporary removable displays and sales for fairs, festivals, and
other outdoor spaces (Now regulated by Mass Gathering in the Zoning
Ordinances).
-Outdoor vendor sales (Not permitted in the DT district per the solicitor's
ordinance).
• Section 39- "Screening"Made the following changes to Section 39.5.
-e. Deleted references to seasonal merchandised (39.5.e-p.4). Now
proposed to be permitted as an accessory use(outdoor commercial displays-
-regulations included in the accessory use section).
- f. Deleted reference to "Outdoor storage by transient salespersons is
prohibited", and added"Outdoor Commercial Displays as permitted by
Section 34 are exempt from the requirement herein" (39.5(f).
-g. Added screening requirements for primary outdoor storage
• Section 43- "Corridor Overlay"Made the following change.
-43.9.4.f Eliminated references to seasonal merchandised(43-p. 10).
Proposed to be permitted as an accessory use(regulations included in the
accessory use section).
• Section 18 0-1 District, Section 20 C-1 District, Section 21 C-2 District,
Section 22 C-3 District, and Section 23 C-4 District—Made the following
changes.
- Deleted the minimum 500 square foot floor area requirement.
• Section 45-Specific Use Permits Made the following changes.
-38. Deleted outdoor temporary removable displays and sales at fairs,
festivals, and other special events and replaced with a"Mass Gathering
L, Event (45.1-p.6)permitted as an accessory use in accordance with Section
Memo to City Council 6
12/2/2003
34, subject to the requirements set forth in Section 45.15 of this ordinance".
Also see associated requirements on(45.15-p. 24).
-40. Added "Outdoor sales or services (45.1-p. 6), subject to the
requirements set forth in Section 45.12 of this ordinance". Also see
associate requirements on(45.12-p. 23).
-41. Added "Donation bins (45.1-p. 7), subject to the requirements of
Section 45.13". Also see associated requirements on (45.13-p. 23).
-42. Added tents for the purpose of promoting retail sales (Now required by
SUP-previously listed as an accessory use only) (45.1-p.7).
Street Curb Painting Ordinance (644)/Code of Ordinances of the City of
Southlake Chapter 5-Article VI
Overview
Adopted July, 1996. The purpose of this ordinance is to regulate and register
persons engaged in the address numbers on street curbs.
Summary of Proposed Changes
• Provide regulations in the peddlers and solicitors ordinance.
• Require the use of reflective paint.
Memo to City Council 7
12/2/2003
PROPOSED
PEDDLERS AND
SOLICITORS
ORDINANCE
ORDINANCE NO. 850
AN ORDINANCE AMENDING CHAPTER 13, PEDDLERS AND
SOLICITORS,AND ARTICLE VI OF CHAPTER 5, BUSINESSES, OF THE
CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS
AMENDED, BY REQUIRING REGISTRATION OF AND IDENTIFICATION
BADGES FOR SOLICITORS; PROVIDING REGULATIONS FOR
SOLICITATION AND CANVASSING ACTIVITIES; PROVIDING THAT
CURB PAINTING VENDORS SHALL USE REFLECTIVE PAINT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake 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 Council has determined that in order to prevent and deter
deceptive practices and fraud, it is necessary to require solicitors to obtain permits and to
Cregulate those solicitors; and
WHEREAS, the City Council possesses, pursuant to §311.011 of the Texas
Transportation Code,as amended,the exclusive control and power over public streets;and
WHEREAS, the City Council has determined that solicitations by persons standing
or operating within certain roadway or on medians and traffic islands of certain streets and
highways within the City of Southlake greatly endangers such persons and the motoring
public and also increases traffic congestion within the City; and
WHEREAS, the City Council has determined that solicitations by persons directed
towards the occupant of any vehicle that contemplate a transaction while the vehicle is in
certain roadways within the City of Southlake endangers such persons and the motoring
public,greatly increases traffic congestion within the City and distracts the drivers of those
vehicles from their primary duty of observing their surroundings; and
WHEREAS, the City Council has determined that solicitations and other types of
activity at residences and other private property at certain times and under certain
circumstances greatly intrudes on the privacy and personal property rights of the citizens
of Southlake; and
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 1
WHEREAS,the City Council has determined solicitation activity conducted in certain
locations presents safety and congestion concerns; and
WHEREAS,the City Council finds that regulations addressing all these concerns are
in the best interest of the health, safety and welfare of the citizens of Southlake; and
WHEREAS, it is the intent of the City Council to not infringe on any rights protected
by First and Fourteenth Amendments to the United States Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 13 of the Code of Ordinances of the City of Southlake, Texas, is
hereby amended to read as follows:
"Chapter 13 SOLICITORS AND CANVASSERS
Article I. General Provisions
Sec. 13-1. Purpose and Intent.
The purpose of this chapter is to secure the general health, safety and welfare for
the residents of the City by:
(1) prohibiting door-to-door solicitation and canvassing at residences during the
times when such activity is most intrusive and disruptive to citizens' privacy;
(2) regulating the locations in which solicitation activity may occur to promote
safety and minimize congestion; and
(3) regulating the manner in which any solicitation or canvassing activity may
occur to promote good order protect citizens from aggressive and intimidating
practices; and
(4) requiring solicitors to obtain permits from the City to aid crime detection and
deter deceptive practices and fraud.
Solicitation Ordinance 2003
ter W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 2
Sec. 13-2. Definitions.
In this chapter:
Canvasser means a person who engages in canvassing activities.
Canvassing means the act of:
(1) traveling either by foot or vehicle, going door-to-door, house-to-house,
building-to-building; or
(2) occupying space in or traveling on or through any public place in the City;
personally contacting persons to communicate in any manner, whether orally, by written
or printed materials including, but not limited to, handbills, leaflets, hand signing or by any
other method, direct or implied, for any purpose other than selling or taking orders for
goods, wares, merchandise or services or collecting money.
City means the City of Southlake, Texas.
City Park means any park, playground or recreational area owned, leased, operated or
under the control of the City. The term shall include any athletic field, swimming pool,
gymnasium,tennis court,and other similar facility owned by the Carroll Independent School
District and specified in the joint-use agreement between Carroll Independent School
District and the City.
City Manager means the City Manager of the City or the City Manager's designated
representative.
City Sponsored Event means a special event for which the City has issued a permit other
than a solicitor's permit or has otherwise authorized to occur, and for which the City pays
all or a portion of the costs of the event.
Curb means the line adjacent to the edge of the roadway which may be either a raised or
lowered or a marked or unmarked surface.
Director means the Director of Public Safety of the City or the Director's designated
representative.
Handbill means any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or
copies of any manner.
Minor means a person under the age of 18.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 3
Non-Profit Organization means an organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
Permanent Established Business Location means an established place of business
operating in a permanent structure on a continuous basis.
Permanent Structure means a structure for which a certificate of occupancy has been
issued.
Public Place means any area to which the public is invited or in which the public is
permitted, and includes, but is not limited to: the parking lot of any commercial
establishment, the right of way of any street or highway, but does not include the offices
or work areas of work places not entered by the public in the normal course of business.
Roadway means that portion of a street or highway designed, improved or ordinarily used
for vehicular travel, typically delineated by curbs, edgelines or the edge of the pavement.
Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by
offering or exposing for sale any goods, wares, merchandise or services.
Sidewalk means the portion of a street or highway that is between a curb or lateral line of
a roadway and the adjacent property line and intended for pedestrian use.
Solicitation means
(a) the act of:
(1) traveling either by foot or vehicle, going door-to-door, house-to-house,
building-to-building; or
(2) occupying space in or traveling on or through any public place in the City;
(b) personally contacting persons to ask, barter or communicate in any other manner,
whether orally, by written or printed materials including but not limited to handbills
or leaflets, hand signing or by any other method, direct or implied, for the purpose
of:
(i) selling or taking orders for goods, wares, merchandise or services; or
(ii) collecting money for any purpose.
The term does not include:
(1) activity of a salespersons with an appointment calling upon or dealing with
Solicitation Ordinance 2003
ter W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 4
manufacturers,wholesalers, distributors, brokers or retailers at their place of
business or homes and in the usual course of business;
(2) activity approved in conjunction with a city sponsored event;
(3) activity conducted in conjunction with a residential yard or garage sale;
(4) activity of a business conducted at the permanent established location of that
business;
(5) activity conducted on property not owned or under control of the City with
consent of the owner or person in control of the property not conducted while
traveling either by foot or vehicle, going door-to-door, house-to-house or
building-to-building;
(6) activity for which a special use permit has been issued pursuant to the City's
zoning ordinance;
(7) activity approved in conjunction with a mass gathering permit; or
(8) activity conducted at a city park pursuant to a concession agreement with the
City or in accordance with applicable park ordinances and policies.
Solicitor means a person who engages in solicitation activities.
Solicitor's Permit or Permit means a permit issued by the Director which allows a person
to conduct solicitation activities within the City.
Street or highway means the width between the boundary lines of a publicly maintained
way, any part of which is open to the public for vehicular traffic.
Structure means that which is built or constructed, an edifice or building of any kind,or any
piece of work artificially built up or composed of parts joined together in some definite
manner.
Sunset means the time of day identified by the National Weather Service as the time for
sunset on a particular day in the City.
Secs. 13-3 - 13-10. Reserved.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 5
1 y
(r•
Article II. Solicitor's Permits; Bonds.
Sec. 13-11. Permit Required for Solicitors; Fee.
(a) A person commits an offense if the person engages in solicitation activities in the
City without first obtaining a solicitor's permit from the Director.
(b) A solicitor's permit shall be valid for six (6) months following the date of issuance
unless a shorter period is requested by the applicant.
(c) An applicant for a solicitor's permit shall pay a permit fee at the time the application
is submitted, and if required, shall submit a bond. The amount of the solicitor's permit fee
shall be set forth in the city's schedule of fees as approved by the city council.
(d) An non-profit organization or a person conducting solicitation activity on behalf of a
non-profit organization is exempt from payment of a permit fee.
Sec. 13-12. Solicitor's Permit Application.
(a) A person or organization desiring to conduct solicitation activities within the City shall
make a written application on a form provided by the Director for a solicitor's permit. The
application shall contain the following information:
tiv (1) the name, driver's license or state issued identification, date of birth, phone
number and address of each person/organization applying for a permit;
(2) a valid state driver's license number or a state-approved identification card
number with a photograph (The Director will make a photocopy and attach
to the application);
(3) if a vehicle is used, a description of the same, together with the license
number and the vehicle identification number;
(4) except as provided by section 13-13(c), two photographs of the applicant,
measuring at least 1.5" x 1.5" and showing the head and shoulders of the
applicant in a clear and distinguishing manner, which shall have been taken
within the preceding 60 days before filing the application;
(5) proof of possession of any license or permit which, under Federal, State, or
Local laws or regulations, the applicant is required to have in order to
conduct the proposed solicitation. Copies of all such licenses and permits
shall be attached to the application;
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 6
(itir
(6) if the applicant is:
(i) employed by another, the name and physical street address (not a
post office box) of the employer;
(ii) acting as an agent, the name, the physical street address (not a post
office box), and telephone number of the principal being represented,
with credentials in written form establishing the relationship and
authority of the employees or agent to act for the employer or
principal; or
(iii) acting as a volunteer, the name and physical street address (not a
post office box) of the business or organization being represented
must be provided;
(7) the nature of solicitation activity(i.e.the merchandise to be sold or offered for
sale; or the nature of the services to be furnished; or the type of pamphlets
or handbills to be distributed);
(8) the approximate time period within which the solicitation is to be made,
stating the date of the beginning of the solicitation activity, its projected
conclusion and the proposed dates and times of solicitation;
(9) the names of all other cities in which the applicant has conducted solicitation
activities in the past six (6) months;
(10) whether the applicant, upon any order obtained, will demand, accept or
receive payment or the deposit of money in advance of final delivery, and if
so, the bond required by section 13-14;
(11) if the applicant has plead guilty, or nolo contendere to, or has been convicted
of a felony or misdemeanor involving fraud, deceit, misrepresentation, a sex
offense, trafficking a controlled substance, or any act of violence against
persons or property within five (5)years preceding the date of application, a
description of each such conviction or plea and the date of the offense;
(12) if the applicant claims that the solicitation activity is to be conducted on behalf
of a non-profit organization, proof of such status shall be attached to the
application;
(13) if the applicant is an entity that sponsors or employs minors as solicitors and
is submitting one application, the information set forth in section 13-13(b).
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 7
(6,
Sec. 13-13. Solicitation by Minors; Applications.
(a) A minor who conducts solicitation activities shall be sponsored or employed by a
person over the age of eighteen, a corporation, company or organization. The person,
company, corporation or organization that is sponsoring or employing the minor(s) is
responsible for controlling the conduct of the minors.
(b) Except as provided by subsection (d), a person, company, or organization that
sponsors or employs one or more minors as solicitors may submit one (1)solicitor's permit
application and pay one permit fee for the registration of the minors regardless of the
number of minors who conduct solicitation activities. The sponsor or employer shall
provide the Director the name(s), date(s) of birth, address(es) and driver's license
number(s) (if applicable) of all minors that will be conducting solicitation activities.
(c) A minor that does not submit an application shall carry while conducting solicitation
activities:
(1) a copy of the approved solicitor's permit application; and
(2) some form of identification that contains the name of the minor and the name
of the sponsor or employer of the minor.
(d) A minor sixteen (16) years of age or older that is sponsored or employed by any
person, company, corporation or organization that is not a non-profit organization shall
submit an application and pay a registration fee.
Sec. 13-14. Bond.
(a) Solicitors who require cash deposits or advance payments for future delivery or who
require an agreement to finance the sale of goods or services for future delivery, or for
services to be performed in the future, shall furnish to the city a bond with the application
in the amount determined in subsection (c) hereinbelow, signed by the applicant and a
surety company authorized to do business in Texas, conditioned:
(1) Upon the final delivery of goods or services in accordance with the terms of
any order obtained;
(2) To indemnity purchasers for defects in material or workmanship that may
exist in the goods sold and that are discovered within 30 days after delivery;
and
(3) For the use and benefit of persons, firms, or corporations that may make a
purchase or give an order to the principal of the bond or to the agent or
employee of the principal of the bond.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 8
(r.
(b) If the applicant is a person, firm, or corporation engaging in solicitation activities
through one or more agents or employees, only one bond is required for the activities of
all the agent or employee solicitors.
(c) The amount of the bond is determined by the number of solicitors acting as agents
or employees of the same person, firm, or corporation as follows:
1--3 solicitors . . . $ 500.00
4--6 solicitors . . . $ 750.00
7 or more solicitors . . . $ 1,000.00.
Sec. 13-15. Issuance of Solicitor's Permit.
(a) The Director shall approve or deny the issuance of a permit to an applicant and send
notice of this decision to the applicant by certified mail sent to the address shown on the
application or to the applicant's last known address within 30 days after receipt of the
application. The permit shall be approved unless the Director finds one or more of the
following to be true:
(1) the application for a solicitor's permit does not contain the information
required by section 13-12;
(2) false or misleading statements are found to be included in the application for
a solicitor's permit;
(3) the applicant,employer or principal is a person against whom a civil judgment
based upon fraud, deceit, or misrepresentation has been entered within five
(5) years;
(4) within five (5) years preceding the date of the application, the applicant,
employer or principal has pleaded guilty or nolo contendere to, or has been
convicted of, a felony, misdemeanor, or ordinance violation involving fraud,
deceit, misrepresentation, a sex offense, trafficking a controlled substance,
or any act of violence against persons or property;
(5) the applicant is a registered sex offender;
(6) within the six(6) months preceding the date of the application, the applicant
has failed to comply with any rule, regulation or ordinance of another city or
state concerning solicitation activity;
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 9
(7) the applicant has an outstanding warrant of arrest for any offense described
in subsection (a)(5); or
(8) the type of solicitation activity requires a bond, and the applicant has not
complied with the bond requirements in section 13-14.
(b) If an application is denied, the reasons for denial shall be noted on the application.
(c) Except as otherwise provided in this chapter, the Director shall issue to each
approved permit holder a photo identification tag under the terms of this ordinance. Such
photo identification tag shall be worn constantly in a conspicuous place by the permit holder
while conducting solicitation activities in the City.
(d) A person commits an offense if the person wears or displays a photo identification
tag issued to another person.
Sec. 13-16. Revocation or Suspension of Solicitor's Permit.
(a) A permit may be revoked or suspended by the Director for any of the following
reasons:
(1) the Director finds that any fact or event in section 13-15(a) is true or has
become true since the application was completed; or
(2) the solicitor conducts solicitation activities in violation of any p rovision of this
chapter.
(b) Upon revocation, the Director shall immediately deliver written notice to the permit
holder stating the action and the reasons supporting such action. A written notice shall be
delivered or mailed by certified mail to the solicitor's address as shown on the application
or to the solicitor's last known address.
(c) The Director shall have the authority to seize any and all permits and photo
identification tags possessed by persons conducting business as a solicitor while official
notification process is underway. At such time, all solicitation activities conducted under
the authority of that permit shall cease.
Sec. 13-17. Appeals.
(a) A person who is denied a solicitor's permit,or whose permit is revoked or suspended
by the Director, may appeal the decision to the city manager by filing a notice of appeal with
the Director within 15 days after the notice of decision is delivered via certified mailed to
the address indicated on the application or the last known address of the solicitor.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 10
(b) Within ten (10)days of the receipt of the notice of appeal,the city manager shall set
a time and place for a hearing on the appeal which shall be not later than thirty (30) days
from the date of receipt of the notice of appeal.
(c) Notice of the time and place of the hearing shall be delivered to the person by
certified mail, sent to the address indicated on the application or the last known address
of the person. Notice shall be sent within ten (10) days of the receipt of the notice of
appeal.
(d) The decision of the city manager on the appeal is final. No other administrative
procedures are provided by the City.
Secs. 13-18 - 13-20. Reserved.
Article III. Regulations.
Sec. 13-21. Regulation of Solicitors; Generally.
(a) A solicitor shall identify himself as a solicitor upon approaching a person at a
residence or at any other location in the City and explain his purpose, whether it be direct
sales, solicitation of orders or services, or the demonstration of merchandise, or any
combination of such purposes.
(b) A person who uses a vehicle in solicitation activities, shall post a sign located in a
conspicuous place on the vehicle, identifying the name of the person, company or
organization that the person represents. If the name is an individual person, it must be
followed by the word "solicitor". The lettering on the sign must be at least two and one-half
(2 %") inches high.
(c) A solicitor who is permitted to solicit edible merchandise shall keep all articles for
sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or
other conveyances used in the transportation of such merchandise and shall meet all
applicable Federal, State and local regulations.
(d) A person commits an offense if that person sells or offers to sell any unsound or
unwholesome merchandise or give a false weight of measure to such offered for sale.
Sec. 13-22. Solicitation in Public Right of Way.
(a) A person commits an offense if the person engages in solicitation activity within the
roadway, or on any median or traffic island within the right-of-way of any street or highway
within the City.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 11
(b) A person commits an offense if the person engages in solicitation activity by a direct
transaction or exchange with the occupant of any vehicle stopped or traveling on the
roadway of Highway 114, F.M. 1709, F.M. 1938, any street or highway within the Town
Center designation of the City's land use plan, or any street or highway in the city which is
designated as an arterial or collector on the city's thoroughfare plan. An offense under this
subsection occurs when the offer, solicitation or distribution is made regardless of whether
a transaction is completed.
(c) A person commits an offense if the person engages in solicitation activity on a
sidewalk within the City in a manner that impedes the flow of pedestrian traffic.
(d) A person commits an offense if the person engages in solicitation activity on a
sidewalk within the Town Center designation of the City's land use plan.
(e) It is a defense to prosecution under subsections (a) or (b) above if the person
engages in solicitation activity to operate a taxi cab, mail carrier, vehicle for hire such as
commercial servicing or repair of any disabled motor vehicle.
(f) It is a defense to prosecution under subsection (a) if the person engages in
solicitation activity from a vehicle in a manner that does not violate section 13-23(a)(1).
Sec. 13-23. Solicitation from a Vehicle.
,,, (a) A person commits an offense if the person conducts solicitation activities from a
vehicle and:
(1) the solicitation is conducted at a location within the right of way of Highway
114, F.M. 1709, F.M. 1938, any street or highway within the Town Center
designation of the City's land use plan, or any street or highway in the city
which is designated as an arterial or collector on the city's thoroughfare plan;
or
(2) the person stops the vehicle within a roadway to conduct business before the
vehicle has been approached, called, or waived down by a prospective
customer.
(b) A person commits an offense if the person operates a vehicle from which solicitation
activities are conducted upon any street or highway within the City and the vehicle is not
equipped with warning lights that are in actual operation, whether or not the vehicle is
stopped or moving.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 12
(c) A person commits an offense if the person operates a vehicle from which solicitation
activities are conducted upon any street or highway within the City in a manner that blocks
or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on
any public street or highway.
Sec. 13-24. Regulation of Solicitors and Canvassers.
(a) A person commits an offense if the person engages in solicitation or canvassing
activity at a residence before 9:00 a.m. or after sunset.
(b) A person commits an offense if the person engages in solicitation or canvassing
activity at a premises with a posted notice that such activity is not welcomed or invited. It
shall be presumed that there is notice that solicitation and canvassing activity is not
welcomed or invited when there is exhibited in a conspicuous place on or near the main
entrance of a premises, a sign, not less than one (1) inch by three (3) inches in size,
containing the words "NO SOLICITORS", "NO TRESPASSING", or words of similar
meaning.
(d) A person commits an offense if the person engages in solicitation or canvassing
activities in an aggressive or intimidating manner. The term "aggressive or intimidating
manner" means:
(1) blocking the path of a person who is the object of the activity;
tow
(2) following behind, ahead or alongside a person who walks away from the
solicitor or canvasser after being solicited, approached, accosted or offered
a handbill, leaflet or any other item; or
(3) shouting, making any outcry, blowing a horn or whistle, or using any sound
device, including any loud speaker or sound amplifying system in violation of
the City's noise ordinance for the purpose of attracting attention to one's
location."
SECTION 2.
Chapter 5 of the Code of Ordinances of the City of Southlake, Texas, is hereby
amended by repealing the existing Article VI and adopting a new Article VI to read as
follows:
"ARTICLE VI. PAINTING ADDRESS NUMBERS ON STREET CURBS
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 13
Sec. 5-221. Purpose.
The purpose of this article is to protect the citizens against crime,including deceptive
practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the
disruption of citizens'privacy,and to preserve the public health, safety,and general welfare
by registering and regulating those persons engaged in the business of painting address
numbers on street curbs.
Sec. 5-222. Definition.
(a) Definitions. The following words, terms and phrases when used in this article, shall
have the meanings ascribed to them in this subsection, unless the context clearly indicates
a different meaning:
Curb painting vendor means a person who engages in the business of painting address
numbers on street curbs for remuneration.
Sec. 5-223. Regulations.
A curb painting vendor shall:
(1) use reflective paint to paint tior (2) comply with the provisions of Article II and section 13-24 of Chapter 13 of this code;
(3) provide to each business or residence that is being solicited a copy of a brochure,
pamphlet or flier or advertising the curb painting vendor's services, which shall include the
following statement in bold and conspicuous type on the cover thereof:
"The City of Southlake does not endorse or sponsor this business and does not require that
you paint your curb."
Sec. 5-224. Violation; penalty.
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 $500.00 for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense."
SECTION 3.
Section 18-183.2, "Sale of goods along roadway", of Chapter 18, Article V, Division
2, of the Southlake Code of Ordinances is hereby expressly repealed.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 14
SECTION 4.
CUMULATIVE
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 ordinance, in which event the conflicting provisions of such
ordinances are hereby repealed. Ordinance No. 644 and Ordinance No. 419 are hereby
expressly repealed.
SECTION 5.
SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and section 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
unconstitutionalityshall not affect anyof the remainingphrases, clauses, sentences,to ces,
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.
PENALTY
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 Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 15
SECTION 7.
SAVINGS
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provision of any other ordinances regulating solicitation or canvassing
activities that 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.
PUBLICATION
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 sitting 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 passage of this ordinance, as required by Section 3.13 of the Charter of the City
of Southlake.
SECTION 9.
EFFECTIVE DATE
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 FIRST READING ON THIS DAY OF
, 2003.
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 16
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2003.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Solicitation Ordinance 2003
W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 17
PROPOSED CHANGES
TO THE ZONING
ORDINANCE-SECTION
4- DEFINITIONS
SECTION 4
DEFINITIONS
(As amended by Ordinance No. 480-QQ)
4.1 INTERPRETATIONS OF CERTAIN WORDS AND PHRASES - For the purposes of
this ordinance, certain terms or words used herein shall be interpreted as follows:
a. The word person includes a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
b. The present tense includes the future tense, the singular number includes the plural,
and the plural number includes the singular.
c. The word shall is mandatory,the word may is permissive.
d. The word used or occupied includes the words intended, designed, or arranged to be
used or occupied.
e. The word lot includes the words plot,parcel, or tract of land.
f. The word building includes the word structure.
4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply:
ABUTTING, ADJACENT, ADJOINING - Contiguous or sharing a common border or
boundary with other property. Abutting, adjacent and adjoining shall include property
immediately across an alley but shall not include property across a street.
ACCESSORY BUILDING OR USE - A subordinate building having a use customarily
incidental to and located on the same lot occupied by the main building; or a use
customarily incidental to the main or principal use of the property. A building housing an
accessory use is considered an integral part of the main building when it has any part of a
wall in common with the main building, or is under an extension of the main roof and
designed as an integral part of the main building.
ADMINISTRATIVE OFFICIAL - The official, or his designee, appointed by the City
Manager to enforce and administer the terms of this Ordinance. (As amended by Ord.
No. 480-FF)
ALL WEATHER SURFACE - A dust free surface constructed of cement, asphalt, brick
or other commonly accepted pavement which may be approved by the Administrative
Official.
ALLEY - A public minor way which is used primarily for vehicular service access to the
back or side of properties otherwise abutting on a street or highway.
4-1
tir
ANSI STANDARD - The most recently adopted ANSI C-95.1 standard of the American
National Standards Institute which establishes guidelines for human exposure to non-
ionizing electromagnetic radiation("NIER"). (As amended by Ordinance No. 480-W.)
ANTENNA - Any apparatus, external to, or attached to the exterior of a building,
together with any supporting structure for sending or receiving electromagnetic waves.
(As amended by Ord. No. 480-J.)
APARTMENT - A room or suite of rooms in a multiple family structure arranged,
designed, or occupied as a dwelling unit residence by a single family, individual, or
group of individuals.
APARTMENT HOTEL - Any building larger than an apartment house designed or built
to be occupied as a series of separate apartments and by persons living independently of
each other.
AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of
automobiles, where no repair work is done except minor reconditioning of the cars to be
displayed and sold on the premises, and where no dismantling of cars or sale or keeping
of used car parts or junk on the premises is done.
Cpw AUTOMOBILE WRECKING YARDS - Any establishment maintained, used or operated
for the storing, keeping, dismantling, buying or selling of wrecked automobiles as
defined in this ordinance under the definition of"Junk."
BACKHAUL PROVIDER - The owner of a wire network (i.e., the cable company,
electric company, the telephone company) utilized in connecting the various cell sites to
telephone switching offices, long distance providers, or the public switched telephone
network. (As amended by Ordinance No. 480-W.)
BASEMENT - A building story which is partly underground but having at least one-half
of its height above the average level of the adjoining ground. A basement shall be
counted as a story in computing building height.
BLOCK - An area enclosed by streets, or, if said word is used as a term of measurement,
it shall mean the distance along a side of a street between two intersecting streets; or if
the street is of a dead-end type, a block shall be considered to be measured between the
nearest intersecting street an the end of such dead-end street. In cases where platting is
incomplete or disconnected, the Administrative Official shall determine the outline of the
block.
BOARD - The Zoning Board of Adjustment, as established in Section 44 of this
ordinance.
L
4-2
try BOARDING HOUSE - A building other than a hotel where lodging and meals for five or
more persons are served for compensation(also known as rooming houses).
BREEZEWAY - A covered passage one story in height and six (6) feet or more in width
connecting a main structure and an accessory building. A breezeway shall be considered
an accessory building.
BUILDABLE AREA - The portion of a lot remaining after required yards have been
provided.
BUILDING - Any structure built for the support, shelter and/or enclosure of persons,
animals, chattels or movable property of any kind. When subdivided in a manner
sufficient to prevent the spread of fire, each portion so subdivided may be deemed a
separate building.
BUILDING LINE - Front: A line parallel or approximately parallel to the street right of
way line at a specific distance therefrom marking the minimum distance from the street
right of way line that a building may be erected. Side: A similar line parallel to the side
lot line (see drawings on pp. 4-19 and 4-20.
BUILDING PERMIT - An official document or certificate issued by the City of
Southlake authorizing erection, construction, renovation, maintenance, or any other
specified activity on any building, structure or land, or on any installations or facilities
therein. The term "building permit" shall include but not be limited to building permits,
electrical permits,mechanical permits, and plumbing permits.
BUSINESS - Includes local retail, commercial, industrial and manufacturing uses and
districts as herein defined.
CARE FACILITY - An institutional use of a building or property whereby a publicly or
privately funded program enables persons to receive medical,psychological, emotional or
other rehabilitative care as an outpatient or live-in member. This definition does not
include those institutional uses provided for elsewhere in this ordinance, nor does it
include foster care programs or family homes.
CARPORT - A permanent-roofed structure, attached to or detached from the principal
structure which provides space for the parking and storage of motor vehicles (as provided
for in this ordinance). (As amended by Ordinance No. 480-II.)
CELLAR- A building story with more than one-half its height below the average level of
the adjoining ground. A cellar shall not be counted as a story in computing building
height.
4-3
CERTIFICATE OF OCCUPANCY - An official certificate issued by the City through
the Administrative Official which indicates conformance with building, zoning and
health and safety regulations and authorizes legal use and occupancy of the premises for
which it is issued.
CHIEF OF POLICE - The chief of police of the City of Southlake, Texas, or his duly
authorized representative.
CITY HEALTH OFFICER - The city health officer of the City of Southlake, Texas, or
his duly authorized representative.
CITY COUNCIL or COUNCIL -The governing body of the City of Southlake, Texas.
CLEAN REVIEW - An application review which complies with the requirements of all
applicable City ordinances, with the exception of requirements for which a variance is
requested, if any, and a limited number of minor revisions as set forth and defined in the
most current submittal policies. For purposes of administrative processing of
applications, the Administrative Official may adopt procedures and policies, including
the number of minor revisions permitted. (As amended by Ord. No. 480-FF)
CLINIC - Offices for one or more physicians, surgeons, or dentists engaged in treating
the sick or injured,but not including rooms for the abiding of patients.
CLUSTER SUBDIVISION - A cluster subdivision is a grouping of individual building
lots or sites in close proximity, each of which or the majority of which has less land area
than required for isolated individual lots, with the additional area being devoted to open
space, recreation space, parking spaces and access facilities in addition to required yards.
Cluster subdivisions are permitted only with site plan approval and only in conjunction
with a Planned Development Zoning District.
COLLECTOR STREET-As defined by the City's latest approved comprehensive plan.
COMMISSION -The Planning and Zoning Commission, of the City of Southlake, Texas.
COMMUNITY CENTER - A building dedicated to social or recreational activities,
serving the City or a neighborhood and owned and operated by the City, or by a non-
profit organization dedicated to promoting the health, safety, morals or general welfare of
the City.
COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Southlake, Texas,
as adopted by the City Council of the City of Southlake. The Comprehensive Plan shall
consist of a Land Use Plan, a Thoroughfare Plan, a Water System Plan, a Sanitary Sewer
Plan, a Storm Drainage Plan, a Park System Plan, and such other plans as may be adopted
from time to time by the City Council.
4-4
CONCEPT PLAN - An exhibit meeting the requirements of Section 41 of this Ordinance
which is required to be submitted with zoning change requests in certain zoning districts.
(As amended by Ordinance No. 480-M.)
CONDOMINIUM - A multi-family dwelling facility within which designated units or
apartments are conveyed by fee simple title, with an undivided interest in the building's
common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking
spaces, and the land.
CONVALESCENT HOME - Any structure used for or occupied by persons recovering
from illness or suffering from the infirmities of old age.
COURT -An open, unoccupied space,bounded on three(3) or more sides by the walls of
a building. An inner court is a court entirely surrounded by the exterior walls of a
building. An outer court is a court having one side open to a street, alley, yard or other
permanent space.
DAY NURSERY-A facility, licensed by the State of Texas, for child care.
DEVELOPMENT PLAN - An exhibit meeting the requirements of Section 40 of this
Ordinance which is required to be submitted with zoning change requests in the Planned
Unit Development District. (As amended by Ordinance No. 480-M.)
DIRECTIONAL ANTENNA - A non-whip, panel or rectangular antenna used to achieve
transmission or reception in a specific direction. (As amended by Ordinance No. 480-W.)
DISH ANTENNA - Any antenna which incorporates a reflective surface that is designed
to transmit or receive microwave signals from terrestrial and/or orbitally based uses. (As
amended by Ord. No. 480-J.)
DISTRICT (ZONING) - A section of the City of Southlake for which the regulations
governing the use, area, height, and other development of land and buildings are uniform
for each type and class of structure or use.
DONATION BIN - A bin or similar structure used for the collection of clothes or non-
perishable food items.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND - Any establishment where
prepared foods, meals, or beverages are dispensed for consumption outside the building.
DWELLING, SINGLE FAMILY - A detached building arranged, intended or designed
for occupancy by one family.
DWELLING, TWO-FAMILY - A detached or semi-detached building arranged,
intended, or designed for occupancy by two families.
tiw
4-5
DWELLING, MULTIPLE FAMILY - A building or portion thereof arranged, intended
or designated for occupancy by three or more families, including, but not limited to,
apartments, condominiums and townhouses.
DWELLING UNIT - A building or portion of a building which is arranged, occupied, or
intended to be occupied as living quarters for one family and including facilities for food
preparation and sleeping.
EFFICIENCY APARTMENT - An apartment having a combination living and bedroom
(no separate bedroom).
EIA-222 - Electronics Industries Association Standard 222, "Structural Standards for
Steel Antenna towers and Antenna Support Structures." (As amended by Ordinance No.
480-W.)
EMERGENCY ACCESS EASEMENT - An area other than a dedicated street or place,
or an alley, which is maintained free and clear of buildings, structures and other
obstructions for the purpose of providing free passage of service and emergency vehicles.
FAMILY - One (1) or more persons who are related by blood or marriage, living together
and occupying a single housekeeping unit with single kitchen facilities, or a group of not
more than five (5) unrelated persons (excluding servants) living together by joint
agreement and occupying a single housekeeping unit with single kitchen facilities, on a
non-profit, cost-sharing basis.
FAMILY HOME - A community-based residential home containing not more than six (6)
disabled persons and two (2) supervisory personnel, and which otherwise meets the
requirements of the Community Homes for Disabled Persons Location Act, article 1011n,
Tex. Rev. Civ. Stat. Ann.
FENCE - Any construction or hedge greater than thirty (30) inches in height and of any
material, the purpose of which is to provide protection from intrusion (both physical and
visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be
considered a fence. Dikes and restraining walls for the purpose of diverting water and
retaining soil are not classified as a fence.
FLOOD PLAIN - An area identified by the Federal Emergency Management Agency as
possibly being flood-prone, or below the immediate flood line (100-year flood plain).
The issuance of building permits for construction of any structure within such flood plain
is regulated by a specific ordinance governing the safeguards, preventive actions against
flooding, types of uses permitted in flood-prone areas, etc.
FLOOR AREA - The total (net) usable square footage of floor space within the interior
wall of a building or room including each floor level, but excluding cellars, mechanical
rooms, attics, carports or garages that are not designed for residential or business
occupancy.
4-6
tior FORMAL SUBMITTAL - An application which meets the requirements of all applicable
City ordinances, except for those items for which a variance is sought, and is deemed by
the Administrative Official to have a clean review as defined herein. (As amended by
Ord. No. 480-FF)
FRONT YARD - See "YARD, FRONT."
FRONTAGE - On interior lots, the front of a lot shall be construed as the portion nearest
the street.
On corner lots, the front of a lot shall be construed as the shortest boundary adjacent to a
street. If the lot has equal frontage on two (2) or more streets, frontage shall be construed
in accordance with the prevailing building pattern, or the prevailing lotting pattern if a
building pattern has not been established, at the option of the applicant.
On reversed frontage corner lots, the front of the lot shall be construed as the shortest
boundary adjacent to a street; provided, however, that if the shortest boundary adjacent to
a street is eighty (80) percent or more of the length of the longest boundary adjacent to a
street, the applicant may select either frontage for the full depth front yard required, if lot
width requirements for the district are met.
On through lots, all portions adjacent to streets shall be considered in establishing
[ frontage for regulatory purposes. If the Administrative Official finds that the pattern of
`�""' lots and/or the pattern of required yards on lots adjacent to portions of the through lot is
such as to justify a requirement that more than one frontage be provided on the lot, such
additional frontage shall be required.
GARAGE, MULTI-LEVEL PARKING (NON-RESIDENTIAL) — A structure, attached
to or detached from the principal structure, having two or more levels, and being used
primarily for the parking and storage of motor vehicles (as provided for in this ordinance)
for which a fee may be charged by the owner or operator of such structure. (As amended
by Ordinance No. 480-II.)
GARAGE, PRIVATE (RESIDENTIAL) - An enclosed accessory building for storage
only of motor vehicles, boats, travel trailers, and household goods owned and used by the
owners or tenants of the premises.
GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale,
hiring, care or repair of motor vehicles, which is operated for commercial purposes.
GARAGE, SINGLE-LEVEL PARKING (NON-RESIDENTIAL) — An accessory
structure, attached to or detached from the principal structure, being fully enclosed with a
door, and used primarily for the parking and storage of motor vehicles (as provided for in
this ordinance). (As amended by Ordinance No. 480-II.)
4-7
(6, GARAGE SALES - Occasional sales (garage sales and patio sales only) at retail, not to
exceed two (2) in number on the same premises in any one calendar year, by a person
who does not hold himself out as engaging in, or does not habitually engage in, the
business of selling such property at retail; provided that (1) the sale shall be confined to
the garage and/or patio of the premises; (2) no new merchandise acquired solely for the
purpose of resale on the premises shall be sold at such occasional sale; (3) the duration of
each such sale shall not exceed three (3) consecutive calendar days; (4) a permit shall be
secured at least 72 hours prior to and shall be prominently posted on such premises
during such sale; (5) the permit fee amount shall be as established by the City Council;
(6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the
premises where and when the sale is taking place. All other signs relating to the sale,
either on or off the premises, shall meet the requirements of all sign regulations adopted
by the City.
GARAGE, STORAGE (PARKING) - A building or portion thereof, other than a private
garage, used exclusively for parking or storage of self-propelled vehicles, but with no
other services provided except facilities for washing.
GRADES
a. For buildings having walls adjoining one street only, it is the elevation of the
sidewalk at the center of the wall adjoining the street;
C,,,,, b. For buildings having walls adjoining more than one street, it is the average of the
elevation of the sidewalk at the center of all walls adjoining the street;
c. For buildings having no wall adjoining the street, it is the average level of the
finished surface of the ground adjacent to the exterior wall of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to
be considered as adjoining the street. Where no sidewalk has been constructed, the
Administrative Official shall establish such a sidewalk level or its equivalent for the
purpose of these regulations.
GROUND MOUNTED ANTENNA - Any antenna with its base mounted directly in the
ground, even if such antenna is supported or attached to the wall of a building. (As
amended by Ord. No. 480-J.)
GUYED TOWER-A freestanding tower which requires the use of flexible guying cables
or wires as the only or principle means of resisting the designed tower loads. (As
amended by Ordinance No. 480-W.)
HEIGHT OF BUILDING - The vertical distance above a reference datum measured to
the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitched or hipped roof. The reference datum
shall be selected by either of the following, whichever yields a greater height of building:
4-8
1. The elevation of the highest adjoiningsidewalk or ground surface within a 5-foot
�
horizontal distance of the exterior wall of the building when such sidewalk or
ground surface is not more than 10 feet above lowest grade.
2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground
surface described in Item 1 above is more than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the
building(U.B.C. '91 Edition). (As amended by Ordinance No. 480-D.)
HEIGHT OF TELECOMMUNICATIONS TOWERS - The vertical distance measured
from ground level to the highest point of the tower, including any attached antennas. (As
amended by Ordinance No. 480-W.)
HEIGHT OF YARD OR COURT - The vertical distance from the lowest level of such
yard or court to the highest point of any boundary wall.
HOME HOBBY SHOP - An accessory use housed in a dwelling or in an accessory
building in which the residents of the premises engage in recreational activities, none of
which shall be a nuisance and from which no revenue may be derived, and in which no
goods are offered or advertised for sale, nor may any sign be used in connection
therewith.
HOME OCCUPATION - An occupation wholly within a dwelling unit provided that:
a. No person other than members of the family residing on the premises shall be
engaged in such occupation.
b. The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and not more than
twenty-five (25) percent of the floor area of the dwelling unit shall be used in the
conduct of the home occupation;
c. There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation other than one sign,
not exceeding one square foot in area, non-illuminated, and mounted flat against the
wall of the principal building;
d. No home occupation shall be conducted in any accessory building;
e. No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street and
other than in a required front yard;
4-9
f. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal
senses off the lot, if the occupation is conducted in a single family residence, or
outside the dwelling unit if conducted in other than a single family residence. In the
case of electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the premises, or
causes fluctuations in line voltage off the premises;
g. Home occupation uses shall not include beauty culture schools, barber and beauty
shops,medical or chiropractic offices, or other uses of a similar nature and character.
HOTEL OR MOTEL - A building or arrangement of buildings designed and occupied as
temporary quarters for individuals who are lodged with or without meals, in which the
rooms are usually occupied single for hire, and in which there are no provisions for
cooking in individual rooms.
HOUSING UNIT - A room or group of rooms used by one or more individuals living
separately from others in the structure, with direct access to the outside or to a public hall
and shall contain separate bathroom facilities and may contain separate kitchen facilities.
(As amended by Ordinance No. 480-Y.)
IEEE STANDARD - The most recently adopted "IEEE (Institute of Electrical and
Electronic Engineer) Standard for Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 kHz to 300 Ghz" which establishes
guidelines for human exposure to non-ionizing electromagnetic radiation ("NIER"). (As
amended by Ordinance No. 480-W.)
IMPERVIOUS COVERAGE - The combined area occupied by all principal and
accessory buildings, structures, and paved parking, sidewalks, and driveway areas. (As
amended by Ordinance No. 480-Y.)
INDUSTRIALIZED BUILDING OR MODULAR BUILDING - A commercial structure
that is constructed in one or more modules or constructed using one or more modular
components built at a location other than the permanent commercial site, and that is
designed to be used as a commercial building when the modules or modular components
are transported to the permanent commercial site and are erected or installed on a
permanent foundation system. The term includes the plumbing, heating, air-conditioning,
and electrical systems. The term does not include any commercial structure that is in
excess of three stories or 49 feet in height as measured from the finished grade elevation
at the building entrance to the peak of the roof. (or as amended under Texas
Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221f-1) (as
amended by Ord. 480-QQ)
INDUSTRIALIZED HOUSING OR MODULAR HOUSING — A residential structure
that is designed for the use and occupancy of one or more families, that is constructed in
one or more modules or constructed using one or more modular components built at a
4-10
(kir location other than the permanent residential site, and that is designed to be used as a
permanent residential structure when the modules or modular components are transported
to the permanent residential site and are erected or installed on a permanent foundation
system. The term includes the plumbing, heating, air-conditioning, and electrical
systems. The term does not include any residential structure that is in excess of three
stories or 49 feet in height as measured from the finished grade elevation at the building
entrance to the peak of the roof. The term shall not mean or apply to (i) housing
constructed of sectional or panelized systems not using modular components; or (ii) any
ready-built home which is constructed so that the entire living area is contained in a
single unit or section at a temporary location for the purpose of selling it and moving it to
another location. (or as amended under Texas Industrialized Housing and Building Act,
Texas Civil Statutes, Article 5221 f-1). (as amended by Ord. 480-QQ)
JUNK - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all
other scrap metals and their alloys, and bones, rags, used clothes, used rubber, used rope,
used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used
fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or
airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as
to make them unusable in their existing condition and subject to being dismantled for
junk.
KENNEL - A commercial establishment (with indoor and/or outdoor pens and runs) in
Cer which dogs, cats, or domesticated animals are housed, boarded, groomed, bred, trained,
or sold all for a fee or compensation. (As amended by Ordinance No. 480-C.) (As
further amended by Ordinance No. 480-W.)
KINDERGARTEN - A school for children of pre-public school age in which constructive
endeavors, object lessons and helpful games are prominent features of the curriculum.
LANDSCAPE ADMINISTRATOR — The City Manager or his designee. (As amended
by Ordinance No. 480-JJ.)
LATTICE TOWER - A freestanding, open frame tower either rectangular, square or
triangular in shape at the base. (As amended by Ordinance No. 480-W.)
LDN (DAY-NIGHT AVERAGE SOUND LEVEL) - The A-weighted average sound
level in decibels (re: 20 micropascals) during a 24-hour period (or specific multiple
thereof, such as a year) with a 10-decibel weighing applied to night time sound levels
(2200-0700).
LEO - An average of the energy of the fluctuating sound during a specified period. The
period may be of any length, and should be indicated. For example, Leq (0600 -2100).
LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk
pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to
such vehicles when required off-street parking places are filled. Required off-street
4-11
tair loading space is not to be included as off-street parking space in computation of required
off-street parking space.
LOT - A parcel of land of at least sufficient size to meet minimum zoning requirements
for use, coverage and area, and to provide such yards and other open spaces as are herein
required, and having frontage on an approved public or private street. A lot may consist
of a parcel of land designated as a lot on a plat filed in the County Plat Records. (As
amended by Ordinance No. 480-D.)
LOT COVERAGE - The percentage of the total area of a lot occupied by the base (first
story of floor) of buildings located on the lot.
LOT FRONTAGE - The front of a lot shall be construed to be the portion nearest the
street. For the purposes of determining yard requirements on corner lots and through lots,
all sides of a lot adjacent to streets shall be considered frontage yards, and yards shall be
provided as indicated under YARDS in this Section.
LOT LINES -The lines bounding a lot as defined herein.
LOT LINE, FRONT -The boundary line between a lot and the street on which it fronts.
LOT LINE, REAR - The boundary line which is opposite and most distant from the front
c street line. In the case of uncertainty, the Administrative Official shall determine the rear
lot line.
LOT LINE, SIDE - Any lot boundary line not a front or rear line thereof. A side lot line
may be a party lot line, a line bordering on an alley or place or side street line.
LOT LINE, ZERO - A side lot line of a lot on which a structure or structures may be
permitted to be constructed directly on a lot line; therefore, creating a side yard in which
the width is zero.
(As amended by Ordinance No. 480-U.)
LOT MEASUREMENTS - See drawings on following two pages.
a. Area of the lot shall be the area of the lot within the lot lines, expressed in square
feet or acreage, including easements, and shall not include portions of any public
street or alley.
b. Depth of a lot shall be considered to be the distance between the midpoints of
straight lines connecting the foremost points of the side lot lines in front and the
rearmost points of the side lot lines in the rear(the mean horizontal distance between
the front and rear lot line).
c. Width of a lot shall mean the distance between the side property lines measured at
the front building line. (As amended by Ordinance No. 480-C.)
4-12
LOT TYPES - The diagram below illustrates terminology used herein with reference to
regular, corner, interior, reversed frontage and through lots.
In the diagram, A is a corner lot, defined as a lot located at the intersection of two (2) or
more streets. A lot abutting a curved street or streets shall be considered a corner lot if
straight lines drawn from the foremost points of the side lot lines to the foremost point of
the lot (projected if rounded) meet at an interior angle of less than one hundred thirty-five
(135) degrees. (See lots marked A(1) in the diagram.)
B is an interior lot, defined as a lot other than a corner lot, and abutting only one (1)
street. (Alleys shall not be considered as streets for purposes of this definition.)
C is a through lot, defined as a lot other than a corner lot, and with frontage on more than
one(1) street. Through lots abutting two (2) streets may be referred to as double-frontage
lots. (Alleys shall not be considered as streets for purposes of this definition.)
D is a reversed frontage lot, defined as a lot on which the frontage is at right angles or
approximately right angles (interior angles less the one hundred thirty-five (135) degrees)
to the general pattern in the area. A reversed frontage lot may also be in a corner lot (A-
D in the diagram), an interior lot(B-D) or a through lot (C-D).
MAIN (PRINCIPAL) BUILDING - The building or buildings on a lot which are
occupied by the primary use.
MANUFACTURED HOME, HUD-CODE - A structure constructed on or after June 15,
1976, according to the rules of the United States Department of Housing and Urban
Development(HUD), transportable in one or more sections, which, in the traveling mode,
is eight (8)body feet or more in width or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems with the appropriate label. The term does not include a
recreational vehicle. (or as amended under Texas Manufactured Housing Standards Act,
Texas Civil Statutes,Article 5221 f) (as amended by Ord. 480-QQ)
MANUFACTURED HOME PARK - A residential development where a parcel of land
under single ownership has been planned and improved for the placement of multiple
manufactured homes, and leased or rented for residential occupancy. (as amended by
Ord. 480-QQ)
MANUFACTURED HOME SUBDIVISION — A residential development in which a
parcel of land divided into individual single-family residential lots, and sold for
manufactured home residential structures. (as amended by Ord. 480-QQ)
4-13
MANUFACTURED HOUSING OR MANUFACTURED HOME - A HUD-code
manufactured home or a mobile home and collectively means and refers to both (or as
amended under Texas Manufactured Housing Standards Act) (as amended by Ord. 480-
QQ)
MANUFACTURED HOUSING, LABEL -A device or insignia issued by the director(of
the manufactured housing division of the Texas Department of Housing and Community
Affairs) to indicate compliance with the standards, rules, and regulations established by
the United Stated Department of Housing and Urban Development (HUD), and is
permanently affixed to each transportable section of each HUD-code manufactured home
constructed after June 15, 1976, for sale to a consumer. (or as amended under Texas
Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221 f)
(as amended by Ord. 480-QQ)
MASS GATHERING AREA - Any place maintained, operated, or used for a mass
gathering event or assemblage.
MASS GATHERING EVENT - A group of 200 or more persons assembled together for
a meeting, festival, social gathering, entertainment, scheduled event or other similar
event.
MASSAGE - A process consisting of kneading, rubbing, or otherwise manipulating the
skin of the body of a human being, either with the hand or by means of electrical
instruments or apparatus, or other special apparatus, but shall not include massage by
duly licensed physicians and chiropractors, and registered physical therapists who treat
only patients recommended by a licensed physician and who operate only under such
physician's direction, nor massage of the face practiced by beauty parlors or barber shops
duly licensed under the penal code of the state.
MINI WAREHOUSE - A totally enclosed facility involving one or more buildings and
multiple individual units, the purpose of which is exclusively for the storage of goods.
MINOR REVISIONS - Items such as labeling, spelling, or other items deemed to be
minor by the Administrative Official. (As amended by Ord. No. 480-FF)
MOBILE HOME - A structure that was constructed before June 15, 1976, transportable
in one or more section, which, in the traveling mode, is eight (8) body feet or more in
width or 40 body feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems. (or as amended under
Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f) (as
amended by Ord. 480-QQ)
rkw MODULAR COMPONENT — A structural portion of any dwelling or building that is
constructed at a location other than the home site in such a manner that its construction
4-14
cannot be adequately inspected for code compliance at a home site without damage or
without removal of a part thereof and reconstruction. (as amended by Ord. 480-QQ)
MOUNTED TELECOMMUNICATIONS ANTENNA - A telecommunications antenna
that is part of a telecommunications system authorized by the Federal Communications
Commission ("FCC") and that is affixed to the roof or other portion of a structure. This
definition may include ancillary building housing electronic and communications
equipment. (As amended by Ordinance No. 480-W.)
MONOPOLE TELECOMMUNICATIONS TOWER - A freestanding, single pole
structure which utilizes its base as the only or primary means of resisting the designed
tower loads and which supports a platform and antennas that are part of a
telecommunications system authorized by the Federal Communications Commission
("FCC"). This definition may include an ancillary building housing electronic and
communications equipment. (As amended by Ordinance No. 480-W.)
NONCOMMERCIAL USE - Any use permitted in the "AG," "RE," "SF-1A," "SF-1B,"
"SF-30," "SF-20A," "SF-20B," "R-P.U.D.," "MF-1," "MF-2," and "MH" districts. (As
amended by Ord. No. 480-J.)
NONRESIDENTIAL USE - Any use permitted in the "0-1," "0-2," "C-1," "C-2," "C-3,"
"C-4," "B-1," "B-2," "I-1," "I-2," "HC," "CS," "S-P-1," "S-P-2," and "Nonresidential
P.U.D." (As amended by Ord. No. 480-J.)
NONCONFORMING USE - A building, structure or use of land lawfully occupied at the
time of the effective date of this ordinance or amendments thereto, and which does not
conform to the use regulations of the district in which it is situated.
OCCUPANCY - The use or intended use of land or buildings by proprietors or tenants.
OFF-STREET- Off the right of way of a public street or place.
OMNIDIRECTIONAL ANTENNA (also called whip antenna) - A dipole antenna of
cylindrical shape which is no more than 6 inches in diameter which serves a 360-degree
area. (As amended by Ordinance No. 480-W.)
OPEN SPACE - An area of a lot either left in a natural state or receiving permeable
vegetative landscape treatment (e.g., ponds and lakes, either natural or manmade, and
water features, grass, shrubs, flowers, trees, ground cover, etc.). (As amended by
Ordinance No. 480-Y.)
OTHER TELECOMMUNICATIONS COMMUNICATION TOWER/ANTENNA - Any
telecommunications communications tower or antenna that is part of a
telecommunications system authorized by the Federal Communications Commission
("FCC"), but that is not covered by the definitions of mounted telecommunications
4-15
antenna or monopole telecommunications tower. (As amended by Ordinance No. 480-
W.)
OUTDOOR COMMERCIAL DISPLAYS — Outdoor display and/or sale of merchandise
consisting only of products related to the merchandise offered for sale by the business
within the main building structure on a lot.
OUTDOOR SALES OR SERVICES —The offer or display for sale of any goods, wares,
merchandise or services on private property separate and apart from the main building or
at a location where there is no preexisting principal use. The goods, wares, merchandise
or services offered for sale as outdoor sales or services are normally not offered for sale
in the main building on the lot or in association with the principal use.
OUTSIDE STORAGE, ANCILLARY- Outside storage and display of goods, materials,
merchandise and equipment, parts,junk or vehicles (overnight parking) that encompasses
a square footage which does not exceed 100% of the floor area of the principle building.
OUTSIDE STORAGE, PRIMARY- Outside storage and display of goods, materials,
merchandise and equipment, parts,junk or vehicles (overnight parking) that encompasses
a square footage which exceeds 100% of the floor area of the principal building or
outside storage and display of goods, materials, merchandise and equipment, parts,junk
or vehicles used in conjunction with any use where no principal building is present.
PARKING SPACE, OFF-STREET - For the purposes of this ordinance, an off-street
parking space shall consist of a space adequate for parking an automobile with room for
opening doors on both sides, together with properly related access to a public street or
alley and maneuvering room. Required off-street parking areas for three or more auto-
mobiles shall have individual spaces marked, and shall be so designed, maintained, and
regulated that no parking or maneuvering incidental to parking shall be on any public
street, walk or alley, and so that any automobile may be parked and unparked without
moving another.
PARKING SPACE RATIO - The ratio of the parking spaces to one dwelling unit on the
site. The total number of parking spaces is the minimum number of car spaces per
dwelling unit for the district in which the site is located times the number of dwelling
units.
PARTY WALL - A common shared wall or abutting walls between two separate
structures,buildings or dwelling units. (As amended by Ordinance No. 480-U.)
PERMITTED USE - Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PERSONAL CARE FACILITY - An establishment that furnishes, in one or more
facilities, food and shelter to four or more persons who are unrelated to the proprietor of
the establishment; and provides personal care services; and in addition, provides minor
4-16
treatment under the direction and supervision of the resident's attending physician
licensed by the Texas State Board of Medical Examiners, or services which meet some
need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services
may include protective supervision, personal care, social and recreational services,
transportation services, private or common kitchen/dining facilities, so long as such
services are provided to residents only. (As amended by Ordinance No. 480-Y.)
PLANNING AND ZONING COMMISSION - The agency appointed by the City
Council as an advisory body to it and which is authorized to recommend changes in the
zoning of property or the text of the Zoning Ordinance.
PLAT - A plan of a subdivision of land creating building lots or tracts and showing all
essential dimensions and other information essential to comply with the subdivision
standards of the City of Southlake and subject to approval by the Planning and Zoning
Commission. The plat must be prepared by a professional civil engineer registered in the
State of Texas or a Public Surveyor registered in the State of Texas. Reference to a plat
in this ordinance means an official plat of record which has been approved by the
Planning and Zoning Commission and filed in the plat records of Tarrant County.
PLATFORM - That portion of a monopole telecommunications tower that is located on
top of the pole and that supports directional, transmitting, and receiving antennas. (As
amended by Ordinance No. 480-W.)
PLOT PLAN - A scaled drawing showing the property boundaries, proposed and existing
structures and the distance to all property lines, and the appropriate yard setbacks. (As
amended by Ordinance No. 480-D.)
POLE MOUNTED ANTENNA - Any antenna with its base mounted to a pole which is
supported by the ground or attached to the wall of a building. (As amended by Ord. No.
480-J.)
PORTABLE BUILDING - A building which is preassembled off-site and designed to be
moved from site to site. (As amended by Ordinance No. 480-A.)
PREMISES - Land together with any buildings or structures occupying it.
PRIVATE CLUB - A group of people associated with or formally organized for a
common purpose, interest or pleasure, including organizations with facilities for the
storage, sale,possession or serving of any alcoholic beverage permitted by the laws of the
State of Texas, and where none of such facilities are available except to members or their
guests.
PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space, other than a
street or alley permanently established or reserved or dedicated in private ownership as
tow street
principal means of vehicular access to property abutting thereon.
4-17
tor
PRIVATE PROPERTY — All property within the city except for property that is located
within a public right-of-way or owned by a governmental agency.
PROMOTER - A person who promotes a mass gathering event. In the event that no
promoter exists, the owner or, in the event of his non-availability, the lessee of the ground
encompassing the mass gathering area, shall be deemed to be the promoter.
PROMOTE - Includes organize, manage, finance or hold a mass gathering event.
PROPAGATION MAP - A map of the general area showing the coverage offered by the
provider's existing towers/antennas and the projected coverage after the installation of
the requested tower/antenna. (As amended by Ordinance No. 480-W.)
QUARRY OR MINING - The storage, display or sale of ore, clay, stone, gravel, topsoil,
or similar materials. The process of quarrying, mining, dredging, removing, screening,
crushing and/or washing shall be a use included in this definition. This definition does
not include the storage, display or sale of such materials when the same is incidental to •
the operation of a use such as nurseries, hardware stores, etc., and which uses are already
specifically provided for in specific district regulations otherwise in this ordinance.
RECREATIONAL VEHICLE - A vehicular, portable structure built on a chassis,
tiw designed to be used as a temporary dwelling, self-propelled or to be towed behind a
motor vehicle without a special permit.
REFUSE - All combustible or non-combustible putrescible or non-putrescible solid or
liquid wastes.
RESIDENCE - Same as a dwelling; also when used with the word District, an area of
residential regulations.
REVERSED FRONTAGE - Reversed frontage is a lot which has setback lines on both
streets equal to the front setback line as required by the Zoning Ordinance unless such
lots align back-to-back which would allow both lots to show a side yard setback along the
side street. (As amended by Ordinance No. 480-C.)
ROOF MOUNTED ANTENNA - Any antenna with its base mounted directly to the roof
or any projection from the roof(i.e. chimney.) (As amended by Ord. No. 480-J.)
ROOM - A building or portion of a building which is arranged, occupied or intended to
be occupied as a living or sleeping quarters,but not including toilet or cooking facilities.
ROOMING HOUSE - See "BOARDING HOUSE."
4-18
SANITARY FACILITIES - Toilets, privies, lavatories, urinals, drinking fountains, and
any service building or room provided for installation and use of these units.
SANITARY LANDFILL - A site for the accumulation of refuse or other discardable
materials which are to be covered over with soil and/or fill material. This definition shall
not be construed as and is separate from that of a Junk or Salvage Yard.
SCREENING, OPAQUE (Type I) - A screen that is opaque from the ground to a height
of at least 8' that excludes all visual contact between uses and creates a strong impression
of visual and spatial separation. An opaque screen is impervious to the passage of light
and may consist of a wall or fence.
SCREENING, SEMI-OPAQUE (Type II) - Opaque from the ground to a height of at
least 8' with intermittent visual obstruction that creates a strong impression of visual and
spatial separation. A semi-opaque screen may be composed of a mesh material used in
combination with a wrought iron fence, landscaped earth berm, planted vegetation, or
existing vegetation. A semi-opaque screening device allows the passage of some light
but obscures the material behind the screening device such that it is not prominently
displayed. Compliance of planted vegetative screens or natural vegetation will be judged
on the basis of the average mature height and density of foliage of the subject species, or
field observation of existing vegetation.
Cor SCREENING, BROKEN (Type III) - A screen composed of inteiinittent visual
obstructions from the ground to a height of at least 8'. The broken screen is intended to
create the impression of separation of spaces without necessarily eliminating visual
contact between the spaces. The screening portion may be opaque or semi-opaque and
consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation.
Obstructed portions of the screen shall be a minimum of 20' in length. Unobstructed
openings shall not be more than 20' in length. Compliance of planted vegetation screens
or natural vegetation will be judged on the basis of the average mature height and density
of foliage of subject species, or field observation of existing vegetation.
SERVANTS AND FAMILY QUARTERS - An accessory building located on the same
lot with the main building and used as living quarters by servants 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.
SETBACK - The minimum horizontal distance between the front wall of any projection
of the building, excluding steps and unenclosed porch, and the street line. (Same as
BUILDING LINE.)
SIGN - Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located, provided, however, that the following shall not be
included in the application of the regulations herein:
4-19
a. Signs not exceeding one square foot in area and bearing only property numbers,
postal box numbers, names of occupants of premises, or other identification of
premises not having commercial connotations;
b. Flags and insignia of any government except when displayed in connection with
commercial promotion;
c. Legal notices; identification, informational, or directional signs erected or required
by governmental bodies;
d. Integral decorative or architectural features of buildings, except letters, trademarks,
moving parts, or moving lights.
e. Any sign otherwise allowed or permitted by a sign ordinance of the City, where such
ordinance contains provisions inconsistent with this ordinance. In such instances,
the sign ordinance shall be given effect over the terms of this ordinance.
SITE-BUILT HOME — A residential structure or building that is constructed on a
permanent foundation and of components assembled entirely at the permanent home site.
Site-built homes meet all applicable state and local building codes. (as amended by Ord.
480-QQ)
SITE PLAN-An exhibit meeting the requirements of Section 40 of this Ordinance which
is required to be submitted prior to the issuance of a building permit or with zoning
change requests in certain zoning districts. (As amended by Ordinance No. 480-M.)
SPECIAL EXCEPTION - A special exception is a use that would not be appropriate
generally or without restriction throughout the zoning district but which, if controlled as
to number, area, location or relation to the neighborhood, would promote the public
health, safety, morals, order, comfort, convenience, appearance, prosperity or general
welfare. Such uses may be permitted in such zoning district as special exceptions if
specific provision for special exception is made in this Zoning Ordinance, and if such
special exception is approved by the Board of Adjustment.
SPECIFIC USE PERMIT - A permit recommended by the Planning and Zoning
Commission and authorized by the City Council for the use of land or structures in
accordance to the provisions in Section 45. (As amended by Ordinance No. 480-C.)
STORY - That part of a building included between the surface of one floor and the
surface of the floor next above, or if there be no floor above, that part of the building
which is above the surface of the highest floor thereof. A top story attic is a half story
when the main line of the eaves is not above the middle of the interior height of such
story. The first story is the highest story having its interior floor surface not more than
four(4) feet above the adjoining ground level.
Cr'
4-20
STREET - A public way between two right-of-way lines, other than an alley or private
drive, which has been dedicated or deeded to the public and accepted by the City for
public use and affords a principal means of access (vehicular or otherwise) to property
abutting thereon, as well as for utilities and sidewalks.
STREET LINE - The dividing line between the street and the abutting property.
STRUCTURE - Anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground. Among other things, struc-
tures include buildings, mobile homes, walls, fences,billboards, and poster panels.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a building,
such as bearing walls, columns, beams or girders, or any substantial changes in the roofs
or exterior walls, excepting such repair or replacement as may be required for the safety
of the building, but not including openings in bearing walls as permitted by the City
Building Code.
THOROUGHFARE (OR COLLECTOR STREET) - As defined in the City's latest
approved Comprehensive Plan.
TOURIST HOME OR DUDE RANCH - A dwelling in which accommodations are
provided or offered for transient or temporary guests for compensation.
TOWNHOUSE - A single-family dwelling facility constructed in a series or group of
units having common walls, each as a separate lot.
TRACT - An unplatted parcel of land described by metes and bounds and typically
recorded in the County deed records. (As amended by Ordinance No. 480-D.)
TRAVEL TRAILER - A mobile vehicle built on a chassis and designed and used as a
temporary place of dwelling and of such size and design as to be subject to licensing for
towing on the highway by a passenger motor vehicle or other prime mover and not
requiring a special permit for moving on the highway as contrasted to a mobile home.
VARIANCE - A variance is a relaxation of the terms of the Zoning Ordinance where
such variance will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the applicant, a literal
enforcement of the ordinance would result in an unnecessary hardship.
YARD, FRONT - A yard extending between side lot lines across the front of a lot
adjoining a public street (see drawings on pages 4-21 and 4-22).
In the case of through lots, unless the prevailing front yard pattern on adjoining lots
indicates otherwise, front yards shall be provided on all frontages.
In the case of corner lots which do not have reversed frontage, a front yard of the required
depth shall be provided in accordance with the prevailing yard pattern, and a second front
4-21
yard of the depth required for second front yards in the district shall be provided on the
other frontage.
In the case of reversed frontage corner lots, a front yard of the required depth shall be
provided on either frontage, and a second front yard of the depth required for the second
front yards in the district shall be provided on the other frontage.
In the case of corner lots with more than two frontages, the Administrative Official shall
determine the front yard requirements, subject to the following limitations:
a. At least one front yard shall be provided having the full depth required generally in
the district;
b. No other front yard on such lot shall have less than the minimum required second
front yard for corner lots.
Depth of required front yards shall be measured at right angles to the front lot line.
YARD, REAR - A yard extending across the rear of the lot between lot lines. In the case
of through lots, there will be no rear yards, but only front and side yards. All other lots
will have a rear yard. (See drawings on pg. 4-19 and 4-20.)
Depth of a required rear yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the rear lot line.
In cases where a rear lot line is not evident, or if evident but not parallel to the front
building line, the minimum rear yard requirement shall be the distance from the rearmost
point of the lot along a line from that point drawn perpendicular to a line drawn from the
foremost points of the two side lot lines, providing that the rear yard is parallel to at least
one lot line along the rear of the lot.
YARD, SIDE - A yard extending from the rear line of the required front yard to the front
of the required rear yard, or in the absence of any clearly defined rear lot line, to the point
on the lot farthest from the intersection of the lot line involved with the public street. In
the case of through lots, side yards shall extend from the rear lines of the two required
front yards. (See drawings on pp. 4-19 and 4-20.)
Width of a required side yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the side lot line.
ZONING MAP (OFFICIAL) - The official certified map upon which the boundaries of
the various zoning districts are drawn and which is an integral part of the Zoning
Ordinance.
4-22
Cie
•
LINE
T— FRONT TARO--r— ——�- —
1 1 ^ '� — FRONT Y.U '_
-Y+C f FRONT YMO 1
tun.
_ BUiGtrC lNE tvrirc — R% ........
.
LOTvrtOTN
1 / LOT MfIOTN I , LOT"ROTH /
I [ / \ t .
1 t I l \ /
► _ —__L— J _ _a. :
(A) (B) —
(C)
1 . LOT W1OTH
•
STREET
1 — ,_ .7 STREET
1 1
I = '
I
LOT AREA t5 CALCULATEDa •
EXCLUDING ALLEYS AND
I O m I, STREETS
JO t O
-II LOT aEA MAY INCLUDE
I I EASEMENTS ON LOT
I _ I I
I
......_6 is-:-.-_
A LLEY - -Afa,-(F 1.--___...L....
, .....
_ —___
(A) (a)
-
2- LOT AREA&DEPTH
=sees
{ STREET
fRONTTAROI
�
t ►«DoOIMTO:1 J FRONT YARD
/ 1
LOT LINE _
i
BUG STRUCTURE ........ l
AREA 8UZGWC LINE N
I — —
REAR YAno
REAA Ya.Fo `1
NO ALLEY OR EA3EJ Eier —
(A) ��-
3 . YARDS
4-21
tir
4-23
C
SrZater
near. OP LOT _
SS SD/ OE LEAST
a��GTOY rECNT YARD
•
L„ �'DL? �CLo }S
to ec
r•• so ON
rLA
• 1'_ .' a I APPSOW D NY _ I.
srez=-
.. u.
u . :.l 1 s racer:
Le;
r.
t s
zmasLOT PLATTED PRSOR LOT Ia TO ssrzCzr_CAT nRZZ Cr ' 7709T
fOr C Oi1Q a� i S!A•PRTm OH MILT
4- CORNER LOT
s:REEr
FRONT YARD` 1 7
(liwSTANDARD FRONT -= i
YARDS BOTH
__
%y FRONTAGES
I• S S. MTrdCO OF MSAStJfi1 i
6ttiLODIG UNE K.
—'' FFC TYPO ( I • ASP£easF�
i ! REAR YAM]
PROPERTYFRONT YAROI11 1 1fRON Y.ie;D
SPEC.IED FRCS TARO
.1UNE
STREETIca.:
6. COU3LE FRONTAGE LOTS
•
•
SF-1 SF-1 SF-1 -ISF-20 SF-20 ! CS C-1
1 -
STRETY
"ro.r,y10 MI YAMS LOWealadl TMOUC+[X- 7
1-1 OtOCK.Ccorp.T,TO TFQ ros r AEsnacl 4 i
cnnncrsr..c,MOs
7. FRONT TARO WHERE ZONING CHANGES IN A BLOCK
4-22
L
4-24
c.
PROPOSED CHANGES
TO THE ZONING
ORDINANCE-SECTION
� 34-ACCESSORY USES
SECTION 34
ACCESSORY USES
(As Amended by Ordinance No. 480-LL)
(As Amended by Ordinance No. 480-QQ)
(As Amended by Ordinance No. 480-SS)
34.1 AUTHORIZED ACCESSORY USES -In addition to other uses which are customarily incidental to
the principal use of the premises,the following accessory uses are specifically authorized in the listed
zoning district when constructed or operated in conjunction with an appropriate principal use:
ACCESSORY USE District Where
Permitted
a. Barns,stables,granaries,pump houses,water tanks and silos;but not including slaughter houses or AG
processing of agricultural products,animals or poultry.
b. Equipment Sheds AG,RE
c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL
uses. No accessory use shall be construed to permit the keeping of articles or materials in the open
or outside the building unless specifically permitted in Section 40 of this ordinance.
d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE, SF-1A, SF-1B
provided: (where the lot on
which the structure
1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located
create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same
humans or animals. minimum lot square
footage required in
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF-1A and SF-1B
properly retain the grazing animal(s)on the premises. zoning category)
SF-30 (where the lot
3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure
pasture,pens,corrals,and stables,shall not be less than fifteen thousand(15,000)square feet will be located
per each grazing animal over five hundred (500)pounds and not less than five thousand contains the same
(5,000)square feet for any other grazing animal. minimum lot square
footage required in
4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-IA and SF-IB
minimum of twenty-five(25) feet from the boundary of any adjoining lot or tract which is zoning category)
zoned in a residential category.
e. Private residential garages,carports and related storage buildings and greenhouses accessory to AG,RE,SF-1A,SF-
permitted residential uses. (As amended by Ord.480-G.) 1B,SF-30,SF-20A,
SF-20B,MF-1,MF-2,
MH,DT*
f. Private swimming pool,wading pools,and game courts(lighted and unlighted),provided that if AG,RE,SF-1A,
lighted,the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B,SF-30,
Coe residential property;and further provided that any such pool or game court is for the private use of SF-20A,SF-20B,
*Shall apply only to approved single-family residential uses in the DT zone
34-1
the site occupants and their guests,and not operated as a business. All"at grade"swimming pools MF-1,MF-2,MH
with a water depth greater than twenty-four(24)inches and"above grade"swimming pools having
a water depth twenty-four(24)inches or more,except for portable tot pools,shall be enclosed by a
fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code
(whichever is the most restrictive)of such material and design to discourage unauthorized entry to
the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less
than twenty-four(24)inches are not subject to a special fencing requirement and may be located
within required front or rear yards provided that they maintain a minimum ten foot(10')setback
from the closest property line.
All other pool(s)may be located in a side or rear yard,but not within a front yard nor forward of
the principal building on the lot,and shall not be located closer than five feet(5')to any side or
rear property line nor be located any closer than five feet(5')to another structure. (As amended
by Ordinance No.480-C.)
g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG,RE, SF-1A,
provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B,SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH,
DT*
h. Required off-street parking and loading spaces. All
i. Home occupation uses,as defined by this ordinance. AG,RE,SF-1A,
SF-1B, SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH,
(111," DT*
j. Parking and storage of private boats,camper trailers or other recreational vehicles in conformance AG,RE, SF-1A,
with Section 35. SF-1B,SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH
k. Model and/or sample homes for the purpose of promoting sales shall be permitted,providing these AG,RE,SF-1 A,
structures are located on and within the same tract or subdivision of land being developed for sale. SF-1 B,SF-30,SF-
20A,SF-20B,MY-1,
MH,DT*
1. Signs for advertising uses on the premises. HC,0-1,0-2,
C-1,C-2,C-3,
C-4,B-1,B-2,DT**,
I-1 and I-2
m. Tennis courts,health clubs,and related recreation facilities provided they are for the primary use HC,DT**
of guests,customers or persons associated with the principal use.
n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1,0-2,B-1,I-1,
not exceed fifteen(15)percent of the floor area of the building. I-2
o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1,0-2,DT**,B-1,
business activities conducted within the principal office use(an example of this activity would be I-1
the file storage and records required by a title company operation).
*Shall apply only to approved single-family residential uses in the DT zone
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
34-2
Cori p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1,0-2,B-1
and employees who occupy the remainder of the office complex. This would be limited to
those activities which are clearly supportive of office operations,such as food service in the
nature of cafeterias or snack bars,news stands or gift shops providing reading material and
small,consumable sundries,pharmacies or drug stores,particularly when co-located with
medical or medical related office facilities,office supply stores or outlets providing support to
businesses within the complex itself(stores operating under this provision shall not be limited
only to sales within the office complex,but should clearly be aimed at marketing primarily
within the immediate vicinity of the complex site).
q. Feeding pen(not commercial)accessory to farm use AG
r. Retail sales incidental to principal activity I-1,I-2
s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1,0-2,B-1
business operations of the office complex. In no event shall the area allocated to retail sales
exceed fifteen(15)percent of the net usable square footage of each office structure.
All retail operations undertaken pursuant to this provision shall involve no outdoor storage or
sales and all signage for such activities shall be contained wholly within the office structure in
which the retail operation is established. No outside advertising shall be permitted.
t. (Deleted by Ordinance No.480-Z.)
u. (Deleted by Ordinance No.480-U.)
v. Office or administrative areas and activities supportive of the permitted principal uses. I-1,I-2,B-1,B-2
w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2,C-3,C-4,B-1,B-
clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2,DT**,I-1,I-2
shall be limited in that used merchandise displayed for sale may not exceed 20% of the total
merchandise displayed for sale.
x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL
parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails,nature centers,bird and wildlife sanctuaries.
y. One temporary construction facility and/or one temporary sales facility by a Developer,including ALL
manufactured housing,not to exceed 500 square feet per facility,only during actual construction
for a period not to exceed two(2)years and located on property being developed.
z. Temporary concrete batching or transient mix plant for ninety(90)days plus one(1)thirty ALL
(30)day extension.(As amended by Ordinance No.480-D.)
aaa Tents f r the p r a of otin et..il ..lv F o,t of a d• t. t. di (23)
' r� Y b" "Y" CS,C-1,C-2,C-3,C-
4,B-1,B-2,I-1,I-2,
of t e Uni f r. d t le 32 ended rt steal "t t tti a t S-P-1,S-P-2,NR-
rega,llations efa -'b t,t ,t tr t t. •t b pl" ed N, e tt." PUD
by Ord.180 H.)
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
***Special Use Permit Required
34-3
aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in
accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a
building as determined in accordance with Section 4.2.Antennas installed for the purpose of municipal communications
are exempted from the requirements of this section. (As amended by Ord.No.480-J)
(1) Noncommercial television satellite dishes and noncommercial radio and television AG,RE, SF-1A,SF-
receiving antennas: 1B,SF-30, SF-20A,
SF-20B,R-PUD,MF-
Satellite dishes Max.Ht. Dish Size Location 1,MF-2,MH,DT**
(1 per site) (Max.Diameter)
PLOT PLAN
Type: REQUIRED
Roof Mount 35' 10' Rear of roof not visible from public
R.O.W. in front of dwelling
Pole Mount 35' 10' Rear yard:> 10'from rear property
Ground Mount 15' 10' line&> 10'from side property line
or behind the principal dwelling but
not in the side yard(not visible
from public R.O.W.in front of
TV Receiving dwelling)
Antenna(1 per site)
Roof Mount
35' N/A
'` Pole Mount 35' Rear of roof
fir+ 35' N/A
Behind the principal dwelling,but
not in the side yard
(2) Noncommercial radio transmitting antennas limited to 65'in height. Must be located AG,RE,SF-1A,SF-
behind the principal dwelling,but not in the rear yard. Must be no closer to a property line 1B,SF-30, SF-20A,
than the maximum height of the antenna. (Complaints concerning electrical,radio,or SF-20B,R-PUD,MF-
television signal interference shall be referred to the FCC.) 1,MF-2,MH
PLOT PLAN
REQUIRED
(Previous subparagraph(3)deleted in its entirety and renumbered as below by Ordinance No.480-W.)
(3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1,0-2,C-1,C-2,C-
3,C-4,B-1,B-2,I-1,
Twe: Max.Ht. Dish Size Location I-2,HC,S-P-2,S-P-1,
(Max.Diameter) CS,NR-P.U.D.
Roof Mount 35' 10' Rear of roof not visible from public PLOT PLAN
R.O.W.in front of principal REQUIRED
structure
Pole Mount 35' 10' Rear yard:> 10'from rear property
Ground Mount 15' 10' line&> 10'from side property line
or behind the principal structure but
not in the side yard(not visible
from public R.O.W.in front of
principal structure)
34-4
toe
bb. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS,C-1,C-2,C-3,C-
space. Shopping carts shall not be stored outdoors for any site approved after September 4,2001 4,S-P-1,S-P-2,and
unless screened from the public right-of-way by a four(4)foot masonry wall. PUD,DT**
cc. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS,C 1,C-2,C 3,C-
provided that the machine(s)are not clearly visible from the public right-of-way or adjacent 4, S P-1,S-P-2,and
PUD,DT**
residential property. Sibma e on prepackage ice and vending machines shall not be readily
identifiable by type or product name from adjacent public streets.
dd. Outdoor commercial displays(See section 34.3 for specific regulations). CS,Cl,C2,C3,C4,I-
1,I-2,B-1,B-2,HC,
DT
ee.Yard or garage sales,subject to the following requirements: AG,RE,SF-1A, SF-
1B, SF-20A,SF-20B,
1. No more than 3 garage sales within any 12 month period may occur. SF-30,MF-1,MF-2
2. The duration of the sale shall not exceed 72 hours.
ff.Fund raising/sales. This activity may take place if the sole purpose is for raising funds to support CS,CI,C2,C3,C4,I-
community service organizations,public charities,or non-profit organizations and the 1,1-2,B-1,B-2,HC,
following conditions are met: DT
1. The solicitation or sales activity is restricted to privately owned land.
2. The solicitation or sales activity is restricted ton area that will not impede the normal flow
of vehicular and customer traffic so as to create a traffic hazard,or other hazard to the
public.
3. The organization has permission of the owner or lessee of the land.
4. The duration of the fund raiser activity shall not exceed seven(7)consecutive days;
provided that fund raising and sales that take place inside a a permanent structure shall not be
subject to this limitation.
gg.Mass gathering events. This activity is authorized as an accessory use if it occurs: ALL
1. in a permanent structure designed, constructed and approved by the Fire Marshal for the
occupancy load of the event,with sufficient permanent sanitary facilities,as required by the
Uniform Building Code and sufficient parking facilities as required by this ordinance;or
2.on a tract of land which is at least 10 acres in size,and the mass gathering area is at least 200 feet
from the adjacent property, and the site will accommodate the required parking of cars of
attendees on-site.
34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any
accessory building: (As amended by Ordinance No. 480-C.)
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
***Specific Use Permit Required
34-5
a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet(10')to
a property line located in the rear yard. Those structures not on a permanent foundation may be
placed as close as five feet (5') to a property line located in the rear yard.
b. No accessory building shall be erected within ten feet (10') of any other building, except that
detached residential garages may be located not closer than five feet (5') to the main dwelling.
c. No accessory building shall be constructed upon a lot until the construction of the principal
building or use has actually been commenced, and no accessory building shall be used unless the
main building in a lot is completed and used.
d. No accessory building shall be used for dwelling purposes other than by domestic servants
employed entirely on the premises or by family members and only in compliance with individual
district regulations.
e. Accessory buildings shall not exceed one story or fourteen feet (14') in height.
f. No accessory building shall be located forward of the principal building on the lot.
34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and
location of outdoor commercial display items at permanent business locations:
a. Items or merchandise which may be stored and displayed outside of a permanent business location
without screening includes the following items and similar types of items:
1) living plant materials;
2)bundled firewood;
3) merchandise associated with the holidays; and
4)mechanical equipment associated with lawn and garden care and maintenance if such
display shall be in conjunction with a promotional event and such equipment shall not
be stored outside more than three (3) continuous days and must be removed and
returned indoors at the end of each business day).
b. No other items or merchandise shall not be stored outside unless screened in accordance with the
requirements of Section 39.
c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the
front of the building intended for the egress of pedestrians along the front of the building shall be
used for storage,provided that the remaining pedestrian path, sidewalk or hard surface area shall
be not less than 5' in width(See Exhibit 34-A).
d. The storage area shall not exceed 30%of the linear frontage of the principal building(See Exhibit
34-B).
e. The merchandise for sale shall not be located further than 15' from the principal building.
34-6
f. The merchandise for sale shall not be located within required landscaped areas,required parki
ng
areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface.
g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked
higher than a height of four(4)feet. Height regulations shall not apply to living plant materials or
the sale of Christmas trees.
h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name
from adjacent public streets or adjacent residential property by reason of package labels,sales tag
markers, signs or otherwise.
i. The display of such merchandise must not impede traffic flow or block site distance on the street.
Li,
34-7
SECTION 34
ACCESSORY USES
(As Amended by Ordinance No. 480-LL)
(As Amended by Ordinance No. 480-QQ)
(As Amended by Ordinance No. 480-SS)
34.1 AUTHORIZED ACCESSORY USES -In addition to other uses which are customarily incidental to
the principal use of the premises,the following accessory uses are specifically authorized in the listed
zoning district when constructed or operated in conjunction with an appropriate principal use:
ACCESSORY USE District Where
Permitted
a. Barns,stables,granaries,pump houses,water tanks and silos;but not including slaughter houses or AG
processing of agricultural products,animals or poultry.
b. Equipment Sheds AG,RE
c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL
uses. No accessory use shall be construed to permit the keeping of articles or materials in the open
or outside the building unless specifically permitted in Section 40 of this ordinance.
(pp d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE,SF-1A,SF-1B
provided: (where the lot on
which the structure
1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located
create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same
humans or animals. minimum lot square
footage required in
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF-1A and SF-1B
properly retain the grazing animal(s)on the premises. zoning category)
SF-30(where the lot
3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure
pasture,pens,corrals,and stables,shall not be less than fifteen thousand(15,000)square feet will be located
per each grazing animal over five hundred (500) pounds and not less than five thousand contains the same
(5,000)square feet for any other grazing animal. minimum lot square
footage required in
4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-1A and SF-IB
minimum of twenty-five(25) feet from the boundary of any adjoining lot or tract which is zoning category)
zoned in a residential category.
e. Private residential garages,carports and related storage buildings and greenhouses accessory to AG,RE, SF-1A, SF-
permitted residential uses. (As amended by Ord.480-G.) 1B,SF-30,SF-20A,
SF-20B,MF-1,MF-2,
MH,DT*
f. Private swimming pool,wading pools,and game courts(lighted and unlighted),provided that if AG,RE, SF-1A,
lighted,the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B,SF-30,
residential property;and further provided that any such pool or game court is for the private use of SF-20A,SF-20B,
*Shall apply only to approved single-family residential uses in the DT zone
34-1
the site occupants and their p guests,and not operated as a business. All"at grade"swimming pools MF-1,MF-2,MH
with a water depth greater than twenty-four(24)inches and"above grade"swimming pools having
a water depth twenty-four(24)inches or more,except for portable tot pools,shall be enclosed by a
fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code
(whichever is the most restrictive)of such material and design to discourage unauthorized entry to
the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less
than twenty-four(24)inches are not subject to a special fencing requirement and may be located
within required front or rear yards provided that they maintain a minimum ten foot(10')setback
from the closest property line.
All other pool(s)may be located in a side or rear yard,but not within a front yard nor forward of
the principal building on the lot,and shall not be located closer than five feet(5')to any side or
rear property line nor be located any closer than five feet(5')to another structure. (As amended
by Ordinance No.480-C.)
g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG,RE,SF-1A,
provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B,SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH,
DT*
h. Required off-street parking and loading spaces. All
i. Home occupation uses,as defined by this ordinance. AG,RE,SF-1A,
SF-1B,SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH,
DT*
j. Parking and storage of private boats,camper trailers or other recreational vehicles in conformance AG,RE,SF-1A,
with Section 35. SF-1B, SF-30,
SF-20A,SF-20B,
MF-1,MF-2,MH
k. Model and/or sample homes for the purpose of promoting sales shall be permitted,providing these AG,RE,SF-1 A,
structures are located on and within the same tract or subdivision of land being developed for sale. SF-1B,SF-30,SF-
20A,SF-20B,MF-1,
MH,DT*
1. Signs for advertising uses on the premises. HC,0-1,0-2,
C-1,C-2,C-3,
C-4,B-1,B-2,DT**,
I-1 and I-2
m. Tennis courts,health clubs,and related recreation facilities provided they are for the primary use HC,DT**
of guests,customers or persons associated with the principal use.
n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1,0-2,B-1,I-1,
not exceed fifteen(15)percent of the floor area of the building. I-2
o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1,0-2,DT**,B-1,
business activities conducted within the principal office use(an example of this activity would be I-1
the file storage and records required by a title company operation).
*Shall apply only to approved single-family residential uses in the DT zone
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
34-2
p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1,0-2,B-1
and employees who occupy the remainder of the office complex. This would be limited to
those activities which are clearly supportive of office operations,such as food service in the
nature of cafeterias or snack bars,news stands or gift shops providing reading material and
small,consumable sundries,pharmacies or drug stores,particularly when co-located with
medical or medical related office facilities,office supply stores or outlets providing support to
businesses within the complex itself(stores operating under this provision shall not be limited
only to sales within the office complex,but should clearly be aimed at marketing primarily
within the immediate vicinity of the complex site).
q. Feeding pen(not commercial)accessory to farm use AG
r. Retail sales incidental to principal activity I-1,I-2
s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1,0-2,B-1
business operations of the office complex. In no event shall the area allocated to retail sales
exceed fifteen(15)percent of the net usable square footage of each office structure.
All retail operations undertaken pursuant to this provision shall involve no outdoor storage or
sales and all signage for such activities shall be contained wholly within the office structure in
which the retail operation is established. No outside advertising shall be permitted.
t. (Deleted by Ordinance No.480-Z.)
u. (Deleted by Ordinance No.480-U.)
v. Office or administrative areas and activities supportive of the permitted principal uses. I-1,I-2,B-1,B-2
(or
w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2,C-3,C-4,B-1,B-
clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2,DT**,I-1,I-2
shall be limited in that used merchandise displayed for sale may not exceed 20% of the total
merchandise displayed for sale.
x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL
parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails,nature centers,bird and wildlife sanctuaries.
y. One temporary construction facility and/or one temporary sales facility by a Developer,including ALL
manufactured housing,not to exceed 500 square feet per facility,only during actual construction
for a period not to exceed two(2)years and located on property being developed.
z. Temporary concrete batching or transient mix plant for ninety(90)days plus one(1)thirty ALL
(30)day extension.(As amended by Ordinance No.480-D.)
as Tenta-for-the purrserif-
♦ '1 1 F o,] et di t. t. th (23) CS,C-1,C-2,C-3,C-
r
shall be s. acted d •th t 4,B-1,B-2,I-1,I-2,
of the TT«:F Fir Co ie _A,ti le 32 e«7e l
S-P-1,S-P-2,NR-
regulati ftt b t.. t h' hit is be ple ed N tL PUD
a
by Ord. 480 H.)
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
***Special Use Permit Required
34-3
aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in
accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a
building as determined in accordance with Section 4.2.Antennas installed for the purpose of municipal communications
are exempted from the requirements of this section. (As amended by Ord.No.480-J)
(1) Nonconunercial television satellite dishes and noncommercial radio and television AG,RE, SF-1A, SF-
receiving antennas: 1B,SF-30,SF-20A,
SF-20B,R-PUD,MF-
Satellite dishes Max.Ht. Dish Size Location 1,MF-2,MH,DT**
(1 per site) (Max.Diameter)
PLOT PLAN
Type: REQUIRED
Roof Mount 35' 10' Rear of roof not visible from public
R.O.W.in front of dwelling
Pole Mount 35' 10' Rear yard:> 10'from rear property
Ground Mount 15' 10' line&> 10'from side property line
or behind the principal dwelling but
not in the side yard(not visible
from public R.O.W. in front of
TV Receiving dwelling)
Antenna(1 per site)
Roof Mount
35' N/A
Pole Mount 35' Rear of roof
35' N/A
Behind the principal dwelling,but
not in the side yard
(2) Noncommercial radio transmitting antennas limited to 65'in height. Must be located AG,RE,SF-IA,SF-
behind the principal dwelling,but not in the rear yard. Must be no closer to a property line 1B,SF-30, SF-20A,
than the maximum height of the antenna. (Complaints concerning electrical,radio,or SF-20B,R-PUD,MF-
television signal interference shall be referred to the FCC.) 1,MF-2,MH
PLOT PLAN
REQUIRED
(Previous subparagraph(3)deleted in its entirety and renumbered as below by Ordinance No.480-W.)
(3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1,0-2,C-1,C-2,C-
3,C-4,B-1,B-2,I-1,
Type: Max.Ht. Dish Size Location I-2,HC,S-P-2,S-P-1,
(Max.Diameter) CS,NR-P.U.D.
Roof Mount 35' 10' Rear of roof not visible from public PLOT PLAN
R.O.W.in front of principal REQUIRED
structure
Pole Mount 35' 10' Rear yard: > 10'from rear property
Ground Mount 15' 10' line&> 10'from side property line
or behind the principal structure but
not in the side yard(not visible
from public R.O.W.in front of
principal structure)
34-4
bb. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS,C-1,C-2,C-3,C-
space. Shopping carts shall not be stored outdoors for any site approved after September 4,2001 4, S-P-1, S-P-2,and
unless screened from the public right-of-way by a four(4)foot masonry wall. PUD,DT**
cc. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS,C-1,C 2,C-3,C
provided that the machine(s)are not clearly visible from the public right-of-way or adjacent 4,S-P-1,S P-2,and
PUD,DT**
residential roPer h• Sigi ga on prepackage ice and vending machines shall not be readily
identifiable by type or product name from adjacent public streets.
dd. Outdoor commercial displays(See section 34.3 for specific regulations). CS,Cl,C2,C3,C4,I-
1,I-2,B-1,B-2,HC,
DT
ee.Yard or garage sales,subject to the following requirements: AG,RE,SF-1A, SF-
1B, SF-20A, SF-20B,
1. No more than 3 garage sales within any 12 month period may occur. SF-30,MF-1,MF-2
2. The duration of the sale shall not exceed 72 hours.
ff. Fund raising/sales. This activity may take place if the sole purpose is for raising funds to support CS,Cl,C2,C3,C4,I-
community service organizations,public charities,or non-profit organizations and the 1,I-2,B-1,B-2,HC,
following conditions are met: DT
1. The solicitation or sales activity is restricted to privately owned land.
2. The solicitation or sales activity is restricted ton area that will not impede the normal flow
of vehicular and customer traffic so as to create a traffic hazard,or other hazard to the
public.
3. The organization has permission of the owner or lessee of the land.
4. The duration of the fund raiser activity shall not exceed seven(7)consecutive days;
provided that fund raising and sales that take place inside a a permanent structure shall not be
subject to this limitation.
gg.Mass gathering events. This activity is authorized as an accessory use if it occurs: ALL
1. in a permanent structure designed, constructed and approved by the Fire Marshal for the
occupancy load of the event,with sufficient permanent sanitary facilities,as required by the
Uniform Building Code and sufficient parking facilities as required by this ordinance;or
2.on a tract of land which is at least 10 acres in size,and the mass gathering area is at least 200 feet
from the adjacent property, and the site will accommodate the required parking of cars of
attendees on-site.
34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any
accessory building: (As amended by Ordinance No. 480-C.)
**Shall apply only to non-residential uses and mixed-use buildings in the DT District
***Specific Use Permit Required
34-5
(lk,,. a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet(10')to
a property line located in the rear yard. Those structures not on a permanent foundation may be
placed as close as five feet (5') to a property line located in the rear yard.
b. No accessory building shall be erected within ten feet (10') of any other building, except that
detached residential garages may be located not closer than five feet (5') to the main dwelling.
c. No accessory building shall be constructed upon a lot until the construction of the principal
building or use has actually been commenced,and no accessory building shall be used unless the
main building in a lot is completed and used.
d. No accessory building shall be used for dwelling purposes other than by domestic servants
employed entirely on the premises or by family members and only in compliance with individual
district regulations.
e. Accessory buildings shall not exceed one story or fourteen feet(14') in height.
f. No accessory building shall be located forward of the principal building on the lot.
34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and
location of outdoor commercial display items at permanent business locations:
a. Items or merchandise which may be stored and displayed outside of a permanent business location
without screening includes the following items and similar types of items:
1) living plant materials;
2)bundled firewood;
3)merchandise associated with the holidays; and
4)mechanical equipment associated with lawn and garden care and maintenance if such
display shall be in conjunction with a promotional event and such equipment shall not
be stored outside more than three (3) continuous days and must be removed and
returned indoors at the end of each business day).
b. No other items or merchandise shall not be stored outside unless screened in accordance with the
requirements of Section 39.
c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the
front of the building intended for the egress of pedestrians along the front of the building shall be
used for storage,provided that the remaining pedestrian path, sidewalk or hard surface area shall
be not less than 5' in width (See Exhibit 34-A).
d. The storage area shall not exceed 30%of the linear frontage of the principal building(See Exhibit
34-B).
e. The merchandise for sale shall not be located further than 15' from theprincipal
p c pal building.
34-6
f. The merchandise for sale shall not be located within required landscaped areas, required parking
areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface.
g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked
higher than a height of four(4)feet. Height regulations shall not apply to living plant materials or
the sale of Christmas trees.
h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name
from adjacent public streets or adjacent residential property by reason of package labels,sales tag
markers, signs or otherwise.
i. The display of such merchandise must not impede traffic flow or block site distance on the street.
34-7
c.
PROPOSED CHANGES
TO THE ZONING
ORDINANCE —
c, SECTION 37-
DOWNTOWN DISTRICT
SECTION 37
"DT"DOWNTOWN DISTRICT
(As Amended by Ordinance 480-SS)
37.1 PURPOSE & INTENT
The purpose of the Downtown district is to encourage the creation of a pedestrian-oriented,
mixed-use urban environment, providing shopping, employment, housing, and business and
personal services. Downtown is intended to be the focal point of the community. This is
achieved by promoting an efficient, compact land use pattern; encouraging pedestrian
activity; reducing the reliance on private automobiles within the district; promoting a
functional and attractive community through the use of urban design principles; and allowing
developers flexibility in land use and site design.
The Downtown district is to be an area with a mixture of moderately intense uses that are
developed over an identifiable core. Buildings are close to and oriented toward the street.
There is a connected street pattern, shared parking, and pedestrian amenities. It is the
intention of this ordinance to include all C-3 uses that were attributed to the Town Square
NR-PUD (Ordinance 224) as of the date of adoption of this ordinance.
Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the
establishment of a `Village Center- west' between S.H 114 and F.M 1709, east of Carroll
Avenue and west of Kimball Avenue. The appropriate geographic location for the
Downtown district shall be limited to the area known as Village Center—west.
The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages
the development of a mixed-use town center that will create a focal point for the community
by way of its geographic location, standards for development and mix of uses and services'
and identifies an appropriate location for"Town Center" land use designation.
37.2 SCHEDULE OF USES
Uses within the Downtown district shall be in accordance with the following schedule of
uses.
P=Permitted(Development Standards apply)
SUP=Permitted with a Specific Use Permit(Standards in Section 45 shall apply)
A=Permitted as an accessory use(Standards in Section 34 shall apply)
LAND USE CATEGORY Use Status
Commercial Uses -Retail Sales or Service
• Antique shops p
• Art galleries,dealers, sales and supplies p
• Artists' workshops and studios p
• Beer, wine, and alcohol sales SUP
37- 1
LAND USE CATEGORY
Use Status
Commercial Uses -Retail Sales or Service (contd.)
• Bicycle sales and service p
• Books, magazines,music, stationery,novelty,variety, etc. P
• Camera and photographic supplies p
■ Clothing,jewelry,luggage, shoes, etc. p
• Convenience store,no gasoline sales p
• Cosmetic and beauty supplies p
■ Department store p
• Electronics, appliances, computer, and software—sales, and P
service
• Electrical and gas repair and installation services SUP
• Farmer's market SUP
• Florist p
• Fruit and vegetable store p
• Furniture or home furnishings p
• Grocery store, supermarket, or bakery p
• Hardware and home centers,etc. p
• Optician and optical store p
■ Pet and pet supply store p
• Pharmacy or drug stores p
■ Specialty food store p
■ Sporting goods,toy and hobby,musical instruments P
• Tailors and custom apparel makers P
• Tobacco or tobacconist establishment p
Commercial Uses—Finance, Insurance, and Real Estate
• Bank,credit union,or savings institution P
■ Credit and finance establishment p
• Fund,trust,or other financial establishment P
• Investment banking, securities, and brokerage P
• Insurance related establishment p
• Real Estate and Property Management Services P
Commercial Uses -Business,professional, and technical
uses
• Accounting,tax,bookkeeping, and payroll services P
• Collection agency p
• Advertising, media, and photography services P
• Animal and pet services,including grooming and training P
• Architectural, engineering, and related services P
• Offices and administrative services p
• Business support services,including photocopying, duplicating, P
blueprinting,or other copying services
■ Consulting services(management, environmental, etc.) P
• Employment agency p
37-2
(Isr
LAND USE CATEGORY Use Status
Commercial Uses -Business,professional,and technical
uses (contd.)
• Facilities support services P
• Graphic,industrial, and interior design P
• Legal services P
• Personal services P
• Postal, courier and messenger services P
• Research and development services (scientific,technological, P
etc.)
• Travel arrangement and reservation services P
Commercial Uses—Food Service Uses
• Bar, or drinking establishment SUP
• Cafeteria, delicatessens,or limited service restaurant P
• Full-service restaurant(no drive-through facility)with or P
without outdoor seating
• Snack or nonalcoholic bar P
Arts, entertainment,and recreation Uses
• Bowling,billiards,pool—indoor only P
• Games arcade establishment P
• Fitness, recreational sports, gym, or athletic club P
■ Indoor skating rink P
• Miniature golf establishment—indoor only P
• Museums and other special purpose recreational institutions P
• Outdoor entertainment centers (including ball parks,miniature
golf, golf driving ranges,batting cages, carnivals,and similar SUP
uses)
• Parks,plazas,and playgrounds P
• Theater, cinema, dance,or music establishment P
Educational, Public Administration, Health care and
other Institutional Uses
• Ambulatory and outpatient care services,including doctors, P
dentists,chiropractors, optometrists,etc.
• Business associations and professional membership P
organizations
• Child day care and preschools P
• Civic, social, and fraternal organizations SUP
• Funeral homes,mortuaries, and services SUP
• Hospitals SUP
• Information services, including libraries and archives P
• Judicial functions-Courts P
• Nursing and other rehabilitative services P
• Public Administration-legislative and executive functions P
■ Public Safety facilities P
• Religious institutions P
37-3
LAND USE CATEGORY
Use Status
Residential Uses
• Full service hotels p
• Home Occupations in designated single-family residential A
structures
• Live/Work units SUP
• Residential Lofts SUP
• Single-family residential detached dwelling unit SUP
• Single-family residential attached dwelling unit SUP
Other Uses
• Model homes for sales and promotion* SUP
f Outdoor to Y J o r ole displays and sales for s, SUP
t Outdoor. ndor. 1 UP
• Parking, surface p
• Parking, structured SUP
• Sales from kiosks SUP
37.3 DEFINITIONS
The following definitions shall apply to uses and category of uses listed in the Downtown district
Schedule of Uses (Section 37.2) and to other terms used in the Downtown district(Section 37)
only. For terms not defined under this subsection, Section 4, Definitions shall apply.
Business associations and professional membership organizations
These establishments promote the business interests of their members, or of their profession
as a whole, including chambers of commerce. They may conduct research on new products
and services; develop market statistics; sponsor quality and certification standards; lobby
public officials; or publish newsletters, books, or periodicals for distribution to their
members.
Business support services
These establishments provide any of the following: document preparation, telephone
answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno
typing. They may operate copy centers, which provide photocopying, duplicating,
blueprinting, or other copying services besides printing. They may provide a range of support
activities, including mailing services, document copying, facsimiles, word processing, on-site
PC rental, and office product sales.
Cafeteria or limited service restaurant
These provide food services where patrons order or select items and pay before eating. Food
and drink may be consumed on premises, taken out, or delivered to customers' location.
Some establishments in this subcategory may provide food services in combination with
selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria-style
*Model homes are limited to a time period until all the homes are sold in the neighborhood.
37-4
serving equipment, a refrigerated area, and self-service beverage dispensing equipment, and
which display food and drink items in a continuous cafeteria line.
Consulting services (management, environmental,planning,design, etc.)
These establishments advise and assist businesses and other organizations on management,
scientific, and technological issues. This class includes establishments that provide expertise
in information technologies; these may design, modify, test, support, or operate hardware and
software for clients.
Court
A Court is an unoccupied space, open to the sky, on the same lot with a building, which is
bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more
exterior walls, lot lines or yards. Not a court niche.
Court,closed
A closed court is a court surrounded on all sides by the exterior walls of a building; or by
exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less
than 10' in width.
Court niche
A court niche is not a court, but is an indentation, recess, or decorative architectural treatment
of the exterior wall of a building which opens onto a street, yard, alley, or court.
Court,open
An open court is a court opening onto a street, yard, alley, or private drive not less than
twelve feet(12) wide.
Court,width of
The minimum horizontal dimension substantially parallel with the open end of an open court
or the lesser horizontal dimension of a closed court; or in the case of a non-rectangular court,
the diameter of the largest circle that may be inscribed in a horizontal plane within the court.
Facilities support services
These establishments provide operating staff for support services within a client's facilities.
They typically provide a combination of services, such as janitorial, maintenance, trash
disposal, security, mail reception, and laundry services. They provide operating staff to carry
out these support activities, but are not involved with the core activities of the client.
Full Service Hotels
These establishments shall be defined as buildings with habitable rooms or suites which are
reserved for transient guests who rent the rooms or suites on a daily basis, and with:
(i) a minimum area of 300 square feet in each guestroom;
(ii) (a) a full service restaurant with full kitchen facilities providing service to the general
public;or(b)a kitchen on the premises in which meals are prepared by the management;
or a concessionaire of the management for room service delivery;
(iii) on-site staff required seven (7) days a week, twenty-four(24) hours per day; and
(iv) a minimum of one thousand(1,000) square feet of meeting or conference rooms.
37-5
tivr
Full-service restaurant
Full-service restaurants provide food services to patrons who order and are served (i.e.
waiter/waitress service) while seated indoors or outdoors and pay after eating. They may
provide this service in combination with selling alcoholic beverages, providing takeout
services, or presenting live non-theatrical entertainment.
Live-work unit
A live-work unit is a dwelling unit that is also used for work purposes, provided that the work
component is restricted to the uses of professional office, artist's workshop, studio, or other
similar uses. Each individual unit may have commercial space located on the street level.
Mixed-Use Building or Structure
A mixed-use building or structure is one in which at least one of the upper floors of a
commercial building has residential uses (live-work or lofts) with retail or office uses at the
other levels.
Mixed-Use Land Use
Mixed-use land use is the location of different land uses, including commercial retail, office,
residential, public, and other uses in proximity to one another either in the same building or in
separate buildings but in the same development or block.
CP" Non-Residential Building or Structure
A non-residential building or structure is one in which all the floors are designated for office,
retail, institutional, or any other commercial use that is not a residential use.
Office and administrative services
These establishments: a) provide day-to-day office and/or administrative services, such as
financial planning, billing, record keeping, personnel employment, and logistics; b) hold
securities (or other equity interests) of companies in order to own a controlling interest or
influence management decisions; c) oversee and administer the establishments of a company
often by providing strategic or organizational planning; or d) provide other administrative
services. This definition is used only to classify such stand-alone establishments which,
although they may be part of larger companies, are separate from the actual goods or services
producing facilities.
Personal services
This is a catchall category for all personal service establishments. These establishments offer
a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry,
health and beauty spas, tanning and nail salons, hair care, etc.).
Public Buildings
Public buildings are buildings used for active government or related functions, including
public administration (executive and judicial), courts, libraries, community centers, and
public safety functions.
Research and development services (scientific, technological, etc.)
37-6
Establishments in this category conduct research, or analyze, in the physical, engineering,
cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany,
biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics,
medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language,
behavior, or economics.
Residential Lofts
Residential lofts are typically residential units designed to commercial standards (with high
ceilings, open plans, and large windows) located above street level commercial space.
Retail sales or service
Retail establishments form the final step in the distribution of merchandise. They are
organized to sell in small quantities to many customers. Many have stores, but some also sell
merchandise from non-stores. Establishments in stores operate as fixed point-of-sale
locations, which are designed to attract walk-in customers. Retail establishments often have
displays of merchandise and sell to the general public for personal or household consumption,
though they may also serve businesses and institutions. Some establishments may further
provide after-sales services, such as repair and installation.
Single-Family Residential, detached dwelling unit
A single-family detached residential unit is a freestanding building on an individual lot or
tract of land intended for occupancy by one family.
Illw Single-Family Residential,attached dwelling unit,
A single-family attached residential unit is a building on an individual lot or tract of land
intended for occupancy by one family that shares one or more common walls with similar
adjacent units, also on individual lots.
Snack or nonalcoholic bar
These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or
popcorn, or serve nonalcoholic beverages, such as coffee,juices, or sodas for consumption on
or near the premises. These establishments may carry and sell a combination of snack,
nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee
makers) but generally promote and sell a unique food or beverage item.
Specialty food store
Specialty food stores primarily retail specialty food items,such as coffee and tea(i.e.,packaged),
confectionery products (i.e., packaged), nuts, spices, and gourmet foods.
Streetscape Treatments
Streetscape treatments shall include all improvements in a R-O-W that create an attractive
and safe pedestrian environment. Treatments shall include street trees, street light standards,
and trash receptacles. Streetscape treatments may also include a range of provisions such as
paving materials, street/pedestrian/wayfinding signs, media boxes, parking meters, utility
boxes, seating, public art/water features, bike racks,bollards, information kiosks, etc.
37.4 DEVELOPMENT REGULATIONS FOR NON-RESIDENTIAL AND MIXED-USE
37-7
BUILDINGS
All non-residential and mixed-use building development in the Downtown district shall be
exempt from the all standards specified under Section 43 in lieu of the development standards
set forth below. In the Downtown district, the following development regulations shall be
applicable to all non-residential and mixed-use buildings:
a. Building Height: Non-residential and mixed-use buildings shall not be less than
twenty feet (20') (including parapet height) in height nor more than fifty-two feet
(52') in height; with the exception of development located along Hwy 114 which shall
be no more than 90 feet. The 90-foot height limitation shall apply to all non-
residential and mixed-use buildings within a 1,000-foot wide strip, parallel to and
along the southern edge of Hwy 114 R-O-W.
1. The height shall be measured from the sidewalk or ground surface elevation
along the side of the building fronting onto a public right-of-way to the top of
the roof for flat roofs (not the parapet) and the mid-point for sloped roofs, and
not along the side(s) of the building facing onto interior portions of the block.
2. For buildings whose adjoining sidewalk or ground surfaces slope an average of
5% or more as measured along portions of the building abutting a public right-
of-way, a maximum building height of fifty-seven (57) feet shall be permitted.
(or
3. Public buildings may be built to four(4) stories or sixty-five (65)feet in height
Y g
unless they are within 1,000 feet of Hwy 114, in which case they may be built
to six (6) stories or ninety (90) feet.
4. Architectural embellishments not intended for human occupancy that are
integral to the architectural style of the building, including spires,belfries,
towers, cupolas, domes, and roof forms whose area in plan is no greater than
25% of the first story plan area may exceed the height limits of this section by
up to the lesser of 50% over the permitted building height or 100% over the
actual building height,-and shall be exempt from the maximum elevation
limitation of Section 37.4 (a).
5. Mechanical equipment, including, mechanical/elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and
flues, fire sprinkler tanks, and other similar constructions may extend up to
twenty (20) feet above the actual building height, and provided the same shall
be subject to approval at approval of the applicable Site Plan unless: 1) they
are setback from all exterior walls a distance at least equal to the vertical
dimension that such items(s) extend(s) above the actual building height, or 2)
the exterior wall and visible roof surfaces of such items that are set back less
than their vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural
embellishments as described in Section 37.4 (a) 4 above.
37-8
tiw b. Front,Side and Rear Yards: With the following exceptions, no front, side or rear
yard setback is required in the Downtown district:
1. Buildings along F.M. 1709 and the east right-of-way of North Carroll Avenue
shall maintain a minimum thirty-two (32) foot setback; provided,however,in
areas where right-of-way is provided for acceleration or deceleration lanes, the
minimum required setback shall be reduced to twenty (20) feet. No service
drives, parking or other impervious surfaces with the exception of
sidewalks/trails shall be located in the setback area unless the buildings are
setback a minimum of fifty (50) feet. In no event shall the bufferyard along
FM 1709 and North Carroll Avenue be less than twenty (20) feet.
2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet
from the projected future right-of-way of State Highway 114.
3. As to the rest of the Downtown district boundaries, no building shall be
located closer than fifteen (15) feet from the boundary of the Downtown
district.
c. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100%.
However, the maximum aggregate lot coverage for all buildings as a percentage of the
Downtown district as a whole (including the area of dedicated public streets, private
drives and common open space) shall not exceed fifty-five percent (55%).
d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan,
no building (excluding parking structures) shall be constructed, in whole or in part,
outside of any Building Envelope as shown without a Specific Use Permit, as
determined by the City Council in connection with development plan or site plan
review.
e. Common Open Space: Common Open Space as designated on the Concept Plan
shall be provided for public use. No building or other structure shall be constructed
on any Common Open Space without the prior approval of City Council, except as
follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to
the south,Fountain Place to the north, Grand Avenue to the east and State Street to the
west.
f. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall
be constructed prior to the construction of any above-ground structured parking
behind such buildings that may be visible from F.M 1709 or North Carroll Ave.
g. Building Orientation: Any building (excluding parking garages and accessory
buildings) within one hundred fifty (150) feet of a public right-of-way shall either face
such right-of-way or shall have a facade facing such right-of-way in keeping with the
character of the main facade.
37-9
h. Design Guidelines The property owner shall provide an exhibit as appropriate with
each development/site plan application showing that all development in the
Downtown district meets the standards outlined in the Downtown district Design
Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall
require the retrofitting of an existing building.
Projections into Required Setback or into a Right-of-Way: The following
projections shall be permitted into a required setback or landscape area or into a
public easement or right-of-way, provided that i) no projection shall be permitted into
a public easement or right-of-way along FM 1709, North Carroll Avenue or State
Highway 114; ii) such projections do not extend over the traveled portion of a
roadway; iii) the property owner has assumed liability related to such projections; and
iv) the property owner shall maintain such projections in a safe and non-injurious
manner:
1. Ordinary building projections, including but not limited to water tables, sills,
belt courses, pilasters, and cornices may project up to twelve (12) inches
beyond a building face or architectural projection.
2. Roof eaves may project up to thirty-six (36) inches beyond the building face or
architectural projection.
3. Architectural projections, including bays, towers, and oriels; show windows
(1st floor only); below grace vaults and areaways; and elements of a nature
similar to those listed; may project up to forty-eight (48) inches into a required
yard or beyond the building face.
4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3)
above less than eight (8) feet above the ground elevation may extend more
than forty-eight (48) inches into a required yard or beyond the building face.
5. Canopies and/or awnings may project from building face and may extend to,
or be located within eight (8) inches of the back of curb subject to the
following during development/site plan approval. If a canopy support is closer
than two (2) feet from the back of the curb, there shall (a) be no on-street
parking or loading zones along that stretch of canopy; or(b) be parallel
parking along the curb; or(c)be angled parking protected by wheel stops
preventing vehicular overhang over the curb. Ground-mounted supports,
subject to the above standard, may be approved as part of development plan or
site plan review, as determined by the City Council.
6. Below-grade footings approved in connection with building permits.
j. Off-Street Parking: With the following exceptions,parking shall be provided
pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required
parking shall be calculated in accordance with the provisions of Section 35 (including
the shared parking provisions of Section 35.2):
37- 10
1. On-street as well as off-street parking shall be permitted within the Downtown
district.
2. Up to twenty-five percent (25%) of required parking may be compact spaces
having a minimum space width of eight (8) feet and a minimum space length
of sixteen (16) feet; provided, however, compact spaces shall not be allowed
on-street and shall be limited to off-street parking locations. Compact parking
spaces shall not be allocated to any retail or food service uses but could be
counted toward meeting the parking requirement for business,professional,
and technical uses up to a maximum of twenty-five percent (25%). Each
compact space shall be clearly designated.
3. Required parking shall be located and maintained anywhere within the
Downtown district. On-street parking and shared parking anywhere within the
Downtown district may be counted toward the off-street parking requirement
for the Downtown district.
4. Where on-street parking is permitted, angled, as well as parallel parking shall
be permitted. Both forty-five (45) degree and sixty (60) degree angled parking
shall be permitted. However,no on-street, drive, or common access easement
parking shall be permitted within thirty (30) feet of the cross curb line for a
cross street, drive, or common access easement.
5. When a mixture of office, retail, and other uses are located in the same block
or street, parking requirements for such the uses shall be reduced at a rate of
ten (10) percent in order to promote shared parking.
6. The parking requirement for office uses set forth in Sections 35.6.b(6) of the
Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet
of floor area.
7. The parking requirement for all retail uses set forth in Section 35.6.b(5) of the
Comprehensive Zoning Ordinance is one (1)parking space for 220 square feet
of floor area.
8. Cumulative parking tabulations shall be submitted with each site plan and/or
development plan.
k. Off-Street Loading: With the following exceptions, off-street loading shall be
provided pursuant to Section 36 of the Comprehensive Zoning Ordinance:
1. The minimum dimension of loading spaces shall be as follows:
10' x 25' regular size space
10' x 50' large space
2. The calculation of the minimum number of off-street loading spaces shall be in
conformance with the following schedules and rules regarding shared spaces:
37- 11
r i. Number of spaces:
Office Uses or portion of building devoted to office uses:
0—49,999 sf 0 spaces
50,000— 149,999 sf 1 regular space
150,000—249,999 sf 2 regular spaces
250,000 sf and up 3 regular spaces
Retail Uses with the following Tenant size:
0—9,999 sf 0 spaces
10,000—49,999 sf* 1 regular space
50,000—99,999 sf* 1 regular space and
1 large space
100,000 sf and up* 2 large spaces
Restaurant Uses with the following Tenant size:
0—9,999 sf 0 spaces
10,000 sf and up* 1 regular space
*The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined
within a single building and treated as a single tenant.
ii. Loading spaces that are adjacent and accessible to several buildings or tenant
spaces, including buildings and tenant spaces on separate lots, shall be allowed
to suffice for the loading requirements for the individual buildings or tenants
provided that i) the number of spaces satisfies the requirements for the
combined square footages for the buildings or tenants in question, and ii) for
loading spaces to be shared among separate lots, an agreement evidencing the
right of tenants to the use of such spaces shall be provided.
1. Streets and Sight Triangles: Within the Downtown Zoning district the following
street design standards shall apply:
1. Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate
traffic control devices. Sight triangles for vehicles exiting the development for
both public streets and private drives shall be provided at intersections with
FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These
sight triangles shall be the triangle created by connecting a point which is ten
(10) feet into the site along the right-of-way at the intersection and a point
extending away from the intersection a distance of forty (40) feet along the
existing roadway right-of-way line.
37- 12
F.M. 1 709 or S.H 114 Access Road
40'-0" 40'-0"
R.O.W 10'-0" r._ R.O.W
Figure 37.1 Sight Triangles
2. For plantings within twenty (20) feet of any public street intersection, shrubs
and groundcover shall not exceed two (2) feet in height and tree branching
shall provide seven (7) feet of clearance as measured from the top of the
ground surface to the first branch along the tree trunk.
3. Nothing contained herein shall vary or supersede public safety requirements of
the City of Southlake as set forth in the Uniform Fire Code and other
applicable laws, rules and regulations of the City of Southlake.
m. Buffering and Screening—The following standards for buffering and screening shall
apply to all non-residential and mixed use buildings in the Downtown district:
1. Parking lot layout, landscaping, buffering, and screening shall minimize direct
views of parked vehicles from streets and sidewalks, and avoid spill-over light,
glare, noise, or exhaust fumes onto adjacent properties, in particular single-
family residential properties. Parking lots exposed to view from abutting
single-family residential properties shall be surrounded by a minimum of a 3-
foot high barrier in the form of berms, shrubs, walls, or a combination thereof.
2. Transformers, HVAC equipment (if located at the ground level), lift stations,
utility meters, and other machinery, as well as garbage collection points,
should be located at the rear lane, drive or alley. If such uses are visible from
any adjacent rights-of way or property, they shall be totally screened by a
fence or suitable plant or other visual barrier of an appropriate height or as
proposed and approved in a development/site plan. Trash dumpsters shall
have a metal door which shall remain closed at all times.
3. Off-street loading areas shall be adequately screened from view of any
adjacent single-family residential use.
37- 13
4. Outside storage standards in Section 39.5 shall apply to all areas of primary
and ancillary outdoor storage uses in the Downtown district, with the
exception of related uses specifically authorized in this section.
n. Above Grade Structured Parking—Parking structures shall be permitted in the
Downtown district with a Specific Use Permit authorized by City Council. The
following standards shall apply to above grade structured parking facilities:
1. Any visible elevations of any parking structure from adjacent street R-O-Ws
shall have a solid parapet wall of not less than forty-six (46) inches and shall
utilize colors consistent with the surrounding principle buildings. All parking
structures shall be designed in compliance with the Downtown District Design
Guidelines, as amended.
2. At least 75 percent of the area occupied along street level façade of any
parking structure that is immediately adjacent to a sidewalk or street right-of-
way shall be developed for active office or retail uses.
3. If not abutting a right-of-way, above grade structured parking facilities shall be
provided with adequate access from public right(s)-of-way via private drive(s)
and/or access easements.
4. Entries and exits to and from parking structures shall be clearly marked for
both vehicles and pedestrians by materials, lighting, signage, etc., to ensure
pedestrian safety on sidewalks.
o. Accessory Structures—The following restrictions shall apply to accessory structures
of non-residential and mixed use development:
1. With the exception of the following items, accessory structures shall not
exceed one (1) story or a height of fourteen (14) feet.
i. park pavilions or bandshells not exceeding fifty-two (52) feet in height
2. Except for open spaces and open space amenities, no accessory structure shall
be located between the front lot line and the principal building on a lot.
p. Minimum Width of Enclosed or Partially Enclosed Open Space—In lieu of the
requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following
requirements for minimum Court widths shall apply:
37- 14
1. Minimum widths shall be based on the following schedule:
Cif
COURT TYPE MINIMUM WIDTH/AREA
Court; Open Court 3 inches per 1 foot of building height, min. 12 feet
Closed Court: Min. area equal to twice the square of the width of
the court based on surrounding building height, but
not less than 250 sq. ft.
Court Niche: no portion shall be more than 3 feet(measured
horizontally) from a point where the court niche is
less than three feet wide
q. Interior Landscape Areas & Streetscape Treatments—Specific requirements for
interior landscape areas and streetscape treatments shall be proposed by the developer
at the time of development plan or site plan review. They shall be reviewed by the
City's Landscape Administrator at the time of development plan or site plan review
for conformity with the Downtown District Design Guidelines, as amended, to create
an attractive, pedestrian-friendly district. Any landscaping in a surface parking lot
approved in connection with development plan or site plan approval for such lot,
which is taken out in connection with the later construction of a parking structure,
shall be relocated or replaced.
r. Irrigation—Required landscaping shall be served by an irrigation system meeting the
requirements of Section 3.6 of Ordinance 544, except in those instances and in those
areas where installation of such a system is a)potentially harmful to any preserved or
existing plant materials; b) not reasonably required due to the nature of the plant
material (e.g. where irrigation could be detrimental to drought-tolerant plant species);
or c) create a situation possibly harmful to public health, safety or welfare.
Determination of the situations described above shall be made by the City's
Landscape Administrator.
37.5 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND
DETACHED) RESIDENTIAL USES
All single-family (attached and detached) residential development in the Downtown district
shall be exempt from the standards specified under Section 43 in lieu of the development
standards set forth below. In addition to the SUP requirements under Section 45, the
following standards shall protect and encourage various types of single-family dwellings
within the Downtown district. The minimum standards as set forth below shall apply to all
single-family residential uses.
a. Height. No principal single-family residential building or structure shall exceed three
(3) stories, nor shall it be less than twenty feet(20') in height or exceed fifty-two feet
(52') in height. Residential accessory buildings shall be a minimum of twelve feet
(12') in height and a maximum of twenty-eight feet (28'). The height shall be
measured from the sidewalk or ground surface elevation along the side of the building
fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet)
37- 15
and the mid-point for sloped roofs, and not along the side(s) of the building facing
onto interior portions of the block
b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs
and other architectural elements may project into such yard, up to the lot line. The
maximum front yard setback shall be fifteen feet (15').
c. Side Yard. Residential dwellings may be attached. Accordingly, there shall be no
side yard, except on corner lots, where the side yard adjacent to the street may be up
to a maximum of fifteen feet (15'). If residential dwellings are detached, separation
between the units shall meet the minimum required for fire safety.
d. Rear Yard. There shall be a rear yard of not less than five feet (5').
e. Maximum Lot Coverage. There shall be no maximum lot coverage.
f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty-
seven (1,687) square feet for residences with detached garages, and (b) one thousand
one hundred twenty-five (1,125) square feet for residences with attached garages.
g. Lot Dimensions. Each lot shall have a minimum width of twenty-two and one-half
feet (22.5'). The minimum lot depth is: (i) seventy-five feet (75') for residences with
detached garages; and (ii) fifty feet (50') for residences with attached garages.
h. Floor Area. Each single-family dwelling unit shall contain a minimum of two
thousand (2,000) square feet of gross floor area (excluding the area of any accessory
structures on the same lot).
i. Location. Single-family residential uses in the Downtown district are limited to the
area east of Central Avenue.
j. Residential Units Permitted. The number of single-family (attached and detached)
units allowed shall be no more than 115 as specified in the Development Plan filed in
conjunction with a request for Specific Use Permit for residential development within
the Downtown district.
k. Parking
(i) Two (2) off-street parking spaces must be provided for each dwelling unit.
(ii) One (1) on-street parking space must be provided for each dwelling unit.
1. Electrical Service. A lot for a single-family use may be supplied by not more than
one electrical utility service, and metered by not more than one electrical meter.
37- 16
tir m. Building Limitations
1. All residential structures (including accessory buildings) are required to be
sprinklered; provided that a series of attached structures may be combined and
treated as a single structure.
2. All residential structures shall be designed and built similar in character to the
elevations/drawings submitted with an approved development or site plan.
3. All residential structures shall have all exterior walls constructed using a
masonry material covering at least eighty percent(80%) of said walls,
exclusive of windows, doors, roofs, glass construction materials, or sidewalk
or walk-way covers. "Masonry materials" shall mean and include brick, stone,
rock or other masonry materials of equal characteristics. The use of stucco or
a similar material shall be subject to City Council approval with the review of
a site plan submitted with a SUP application.
n. Curvilinear Streets. The curvilinear street standards specified in the Subdivision
Ordinance shall not apply to residential development within the Downtown district.
o. Open Space. Residential development within the Downtown district shall be exempt
from the Open Space requirements specified within Ordinance 483 for residential
uses. However, open space in the Downtown district shall be planned in conjunction
with an overall concept and development plan approved by City Council.
p. Use Limitations on Residentially Designated Buildings. Once designated for single-
family residential uses with City Council approval of an SUP, non-residential uses in
single-family structures shall be limited to home occupations only. Any change in
such use shall constitute a zoning map amendment and shall be processed as such.
q. Design Guidelines. All single-family residential development shall meet the
standards outlined for single-family residential development in the Downtown District
Design Guidelines as amended and adopted by City Council.
37.6 APPLICATION AND DEVELOPMENT REVIEW PROCESS
Applications requesting a rezoning to the Downtown district shall be submitted with a Concept
Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area)
or a Development Plan as specified under Section 40(for proposals encompassing less than 100
acres is land area). An application for a rezoning to the Downtown district shall result in a
contiguous boundary of the Downtown district of no more than 165 acres and no less than 100
acres within the entire city. The Planning&Zoning Commission shall make a recommendation
on the rezoning request and the City Council may approve any such proposal,together with any
conditions, requirements or limitations thereon which the Planning & Zoning Commission or
City Council deems appropriate and is agreed to by the applicant. No minimum area shall be
required for the submission of a development plan application.
37- 17
a) Development Plan
1. An application for rezoning to the Downtown district shall include and be
accompanied by a development plan (for proposals less than 100 acres) Changes
in the development plan shall be considered the same as changes in the Official
Zoning Map. The proposed development plan shall be processed as required
except that changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which meet the conditions set
forth in Section 40.6 of this ordinance, may be approved by the Administrative
Official.
2. The Development Plan may, in some cases, be a two-phase document. The first
phase shall illustrate and contain the applicant's request and suggestion for the
use, configuration of buildings,parking, etc., and the second phase shall
illustrate the development plan showing the suggestions and recommendations
of the Planning and Zoning Commission after review of Phase One. In addition
to the requirements set forth in Section 40.3 of this ordinance, the development
plan shall provide as much detail as possible including, but not necessarily
limited to:
i. A scale drawing showing any proposed public or private streets and alleys;
building site, or building lots; any areas proposed for dedication, or
reserved as parks, parkways, playgrounds, utility and garbage easements,
school sites, public buildings, street widening, street changes; and the
points of ingress and egress from existing public streets on an accurate
survey of the boundary of the tract.
ii. For buildings more than one (1) story in height, elevations and/or
perspective drawings may be required in order that the relationship of the
buildings to adjacent property, open spaces and to other features of the
development plan may be determined. Such drawings need only indicate
the height, number of floors and exposures for access, light and air.
iii. For development projects influenced by, impacting on flood-prone areas, or
containing major drainageways or areas flood-prone by definition of the
City Engineer, a preliminary drainage plan shall be a part of the
development plan. This requirement may be waived only upon the
recommendation of the City Engineer.
iv. A screening and landscaping plan shall be required where such treatment is
essential to the proper arrangement of the development in relation to
adjacent property. Such plan shall meet the standards established for
Screening and Buffering in the Downtown district.
v. Any or all of the required features may be incorporated on a single drawing
if such drawing is clear and capable of evaluation and interpretation by the
Administrative Official.
37- 18
b. Site Plan
All non-residential and mixed use development in the Downtown Zoning district
shall submit a site plan meeting the requirements of Section 40 of this ordinance.
This site plan shall be submitted either concurrently with the development plan for
this phase or prior to requesting a building permit. This site plan may only be
approved following a public hearing before the Planning &Zoning Commission and
the City Council in accordance with the same notice and hearing requirements for
zoning changes as set forth in Section 46 of this ordinance.
37.7 ACCESSORY USES
In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2,
accessory uses authorized under Section 34 of this ordinance may also be permitted use.
Standards in Section 34 shall apply to all accessory structures and uses.
37.8 SPECIFIC USE PERMITS
In addition to uses and standards listed under this section, specific use permits may be
approved by the City Council following a recommendation from the Planning and Zoning
Commission as specifically authorized in Section 45 of this ordinance, subject to full and
complete compliance with any and all conditions required in Section 45, together with any
other conditions as the City Council may impose. Any use accessory to an approved specific
use permit shall be permitted without specific approval if it complies with the conditions for
an accessory use as defined in this ordinance.
Specific use permit requests for residential uses in the Downtown district shall be
accompanied by development plan amendment applications together with any other
information deemed necessary by decision making authorities, including elevations,
renderings, and other layouts. Once the development plan has been amended and an SUP
granted by City Council to permit residential uses, conversion to any other use shall also be
considered as a further change to the approved development plan and shall be reviewed as
such.
37.9 SPECIAL EXCEPTION USES
Special exception uses may be approved by the Board of Adjustment as specifically
authorized in Section 44 of this ordinance subject to full and complete compliance with any
and all conditions required in Section 44, together with any other conditions as the Board of
Adjustment may impose. Any use accessory to an approved special exception use shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance.
37- 19
c.
PROPOSED CHANGES
TO THE ZONING
ORDINANCE-SECTION
� 39-SCREENING
SECTION 39
SCREENING
(As amended by Ordinance No. 480-LL)
39.1 GENERAL - Except as otherwise required in conjunction with a bufferyard, screening of
uses shall be provided as required in this section. Permissive screening may be provided in
any zoning district as long as it does not conflict with the provisions of this or other sections
of this ordinance.
39.2 SCREENING STANDARDS
a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or
other device which is opaque, made of durable material, and without holes,
penetrations, or other openings other than those required for passage, and which is
designed to prevent persons from seeing through.
b. A screening device may be constructed solely of masonry, wood, or concrete, in
combination with each other or with a metal frame.
c. Any dense hedge or plant material may be used as screening provided it is landscaped
and is properly maintained in a healthy growing condition.
d. Landscaped earth berms maybe used as screeningwhen ap
proved app owed by the
Administrative Official.
e. A screening device shall be at least six(6) feet in height,but not more than eight(8)
feet in height unless otherwise specifically permitted or required by this ordinance,or
unless approved as a variance by the City Council in its consideration of a concept
plan, development plan, site plan or a specific use permit or unless otherwise
approved by the Board of Adjustment. The height of a screening device shall be the
vertical distance between the ground and the top of the device. (As amended by
Ordinance No. 480-HH.)
f. All mandatory or permissive screening shall be erected and maintained so as not to
interfere with or obstruct the view of traffic or constitute a traffic hazard on any
public or private street, alley or driveway.
g. A chain link fence with slat inserts shall constitute an acceptable screening device
only for properties zoned I-1 and I-2 which are not located adjacent to a residentially
zoned lot, tract or lot having an occupied residential dwelling, and are not located
adjacent to street rights-of-way. (As amended by Ordinance No. 480-HH.)
39-1
tor h. Where the screening requirements prescribed by this section are in conflict with
screening requirements which have been established by other provisions of this
ordinance, the more stringent requirements shall apply. (As amended by Ordinance
No. 480-HH).
39.3 RESIDENTIAL DISTRICTS
a. Fences, walls and dense landscaped hedges or plantings are permitted in any
residential district as a screening device; however, such screening device shall
conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance.
b. Multi-family dwelling uses shall be screened from view of any adjacent single family
residential lot or use by a screening device located along the side and rear property
lines of such multi-family use to a height of eight (8) feet.
c. Non-residential uses in a residential district shall be screened from view of any
adjacent residentially zoned lot or tract or lot having an occupied residential dwelling
by a screening device located along the side and rear property lines of such non-
residential use to a height of eight(8)feet. (As amended by Ordinance No.480-HH.)
d. Where a perimeter screening wall or fence is erected between any residential
subdivision and any public right-of-way,the following requirements shall apply(As
amended by Ordinance No. 480-HH.):
(1) No new fence or screening wall (which is parallel to, perpendicular to,
approximately parallel to, or approximately perpendicular to an existing
subdivision screening wall or fence) erected after the effective date of this
ordinance shall be erected to a height which exceed the height of the
subdivision screening wall or fence.
(2) Where a developer or homeowners' association of an existing subdivision
constructs a wrought iron or other similar non-opaque fence adjacent to any
thoroughfare,no screening wall or fence shall be erected after the effective date
of this ordinance within the required side or rear yard which is parallel to such
wrought iron or similar non-opaque fence.
(3) No existing screening wall or fence shall be repaired, extended or modified
•
unless such repairs, extensions, or modifications are done in a manner
consistent with the color,material,or character of the existing screening wall or
fence, and any such extension occurs along the entire length of such screening
wall or fence, including where such screening walls or fences may be
interrupted by streets, alleys, or other access ways.
39-2
39.4 NON-RESIDENTIAL DISTRICTS
a. Fences, walls and dense landscaped hedges or plantings are permitted in any non-
residential district as a screening device; however, such screening devices shall
conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance.
b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an
occupied residential dwelling, a screening device shall be erected along the side and
rear property lines abutting said residential lot or dwelling to a height of eight (8)
feet. Where the district boundary dividing a non-residential district from a residential
district is along a street or alley, and an automobile parking lot or parking area is
located in the front yard of the non-residential use, the said parking lot or parking
area facing the residential lot shall be suitably screened to a height of not less than
three and one-half(3 '/2)feet. A variance to this section may be approved by the City
Council during its review of any concept plan, development plan, or site plan
requiring review by the Planning and Zoning Commission and approval by the City
Council, or by the Board of Adjustment for all other concept plans, development
plans, or site plans.
All screening devices shall be properly maintained in perpetuity by the owner of
property with non-residential uses. Failure of the owner to maintain the screening
device shall constitute a violation of this ordinance. (As amended by Ordinance No.
4ror 480-HH.)
c. Outside storage of trash/recycling receptacles or any garbage, refuse and
trash/recycling collection and storage areas shall be at the side or rear of the building,
shall be totally encircled or screened by fence,planting or other suitable visual barrier
six feet (6') in height and shall have a metal door which shall remain closed at all
times. These areas or receptacles shall not encroach into any required bufferyard.
(As amended by Ordinance No. 480-HH.)
d. Where a non-residential use abuts an existing residential screening wall or fence and
a written agreement is executed between the developer and residential property
owner, it shall be deemed the intent of this ordinance to allow the residential
screening wall or fence to satisfy that portion of Section 39.4.b. above (relating to
side and rear yard screening) as long as said screening device is maintained in good
repair. Should the screening device be destroyed by more than 50%of its fair market
value at the time of destruction, then the owner of the nonresidential property shall
construct a new screening wall or fence which meets the requirements of Section
39.4b. (As amended by Ordinance No. 480-HH.)
e. Off-street loading areas shall be adequately screened from view of any residentially
zoned lot or tract or lot having an occupied residential dwelling or of any other
adjacent land use. (As amended by Ordinance No. 480-HH.)
39-3
39.5 OUTSIDE STORAGE
a. All areas used for primary and ancillary outdoor storage and the associated method
of screening shall be indicated on an approved site plan, development plan or
concept plan along with scaled elevation drawings indicating the type of screening
and materials proposed to be utilized.
b. The primary outdoor storage of living plant material stored on the ground is not
subject to the screening requirements in Section 39. All equipment,tools,vehicles,
etc.associated with the upkeep and maintenance of the living plant material that are
stored outdoors are subject to the screening regulations of Section 39 and Section
43.9.c.4, if applicable.
c. A periodic market held in an open area, such as a farmers' or flea market, where
groups of individual sellers offer goods for sale are not subject to the outdoor storage
regulations in Section 39.
d. General construction activities are not subject to the outside storage regulations in
Section 39.
e. Outdoor storage areas shall not be located forward of the principal building and when
possible,shall be located at the side of the building not facing a public street,except
(See Exhibit 43-F). Also, the items and o ents
i. newspapers;
rthr:st., as trees (stored outdoor f r sale begin ing„
i' o eek
before Thanksgiving through December 31);
provided that the event dots not exceed five(5)consecutive
this section et (A 1, s:dentia , „b:eet to the
types--of items listed bvelo )bundled
firewood;3)merchandise associated wit the hel„lays;4)-11et-fleg
.,a o,,ders;and )n „,.echanica 0 ent iated
39-4
b Baal v
eg111Y11'i(it'It disp , 1. 11 a t' 'al. t' 1
.ha a t b a a to t
L.111V Y.
the end of v l b a
raav VL14 VL V4V
unacceptable •t t a L ,
eut
screeTIi-ng inch? tl. •1t.li «d n m;lar types of ,.item listed
a L
below: Rpplianees; 2)-an k; 4` tmotive
t���j vn TuuTe�
> >
> >
motorcycles or sceoters; 12) furniture; 13) clothes; 14)
tanks-
�t.,..dard� a 1 t f tl. Cit< f
\------ -����..�r�� ry VrwaV 44L�/V {411Y 1VbYLlt 1,1 VL1J Vi�
(b) No--mere %-ef the pedestrian-Pat id wale d
seffaee-afea-leeated-parallel-te-the-fFent-ef-the-beilding-intended
for the ea-e of r« destrians .along.the f.e t of the __i d bing _hall
a �Y „b .Lll{allllll��/.aL�LZZL11-CT/[ILTr
sidewallk-ar-ha=-d-surfaee__area_shall_contain ne--1 tl, i5_' .
n
width(See Exhibit 43 G) .
0
the p'~llla ' " '' g (See 1r hibit 43 G)
(d) The merand ch 1 t 1 t f l.rt tl_ - 1 'f 5 . t1
\ � c411at1J.
(e) The merchandise for sale is not located within required
ap eas, r ed £rk f 1
� �� �r-p � cTrac-accc$S
.
(e) The displ„ eb as shall be maintai_,a: erderlymanner
and net be st,, ked-higher tt, h�-ff t u�t
rr-crrarra-r� rre�'�C�� cvc-Tr�T
re..aa
al,atio shall not aY ply to living plant material, er tL_sal_ _f
Christmas trees.
identif ble by type „da et n e fr ad: _t_ .blic street
s
er adiacent reside t 1 pery by reason ofpac1_age label, ales
t.a ti art
`rb..�.... ....., Or-et[hliTri.•Vri:T
39-5
(g)-Sueh-mer-ehandise-must-net-impede-tfaffic--flow-er-hleek-site
distance on the street.
f.
ed-€moo etplaee. Outdoor commercial displays as
permitted by Section 34 are exempted from the requirements herein..
f. Outside storage is not permitted in a residential district.
hrg.
Primary Outdoor
Storage shall be screened with a Type III screening device unless the items stored
are otherwise exempted from screening requirements of this Section.
L
L.
39-6
c.
PROPOSED CHANGES
TO THE ZONING
ORDINANCE -
SECTION 43-
CORRIDOR OVERLAY
c.
SECTION 43
OVERLAY ZONES
(As amended by Ordinance No. 480-C)
(As further amended by Ordinance No.480-S)
(As further amended by Ordinance No. 480-CC)
(As further amended by Ordinance No. 480-GG)
(As further amended by Ordinance No. 480-JJ)
(As further amended by Ordinance No. 480-LL)
(As further amended by Ordinance No. 480-QQ)
I. AIRPORT OVERLAY ZONE
43.1 AIRPORT ZONING ORDINANCE-Certain areas of the City are or may be impacted by
noise and other activities associated with commercial aviation operations originating and
terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on
the Airport Overlay Zone Map attached to the Airport Compatible Lane Use Zoning
Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this
ordinance, development in these areas shall be subject to the regulations and restrictions
set forth in the Airport Compatible Land Use Zoning Ordinance.
43.2 BUILDING PERMITS-No building permit or certificate of occupancy shall be issued for
any use within the Airport Overlay Zone unless such use is in compliance with the
requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance.
II. CORRIDOR OVERLAY ZONE
43.3 INTENT - In accordance with the Comprehensive Land Use Plan and the regulations in
this section, the following summarize the intent for each of the corridors in the City. It is
the intent within all corridors to encourage retail and institutional uses to develop at the
major intersections where they can benefit from both east-west and north-south traffic
access.The State Highway 114(SH 114)Corridor and the Village Center are intended to
be comprised of destination activities such as employment and retail centers. They will
reflect comprehensive planning,and have elements of a uniform urban design that mirror
the residential quality of the city. The FM 1709 Corridor is intended to be primarily a
corridor of residential subdivisions,with some local service retail,offices and institutional
uses at major intersections. The FM 1938 Corridor is primarily a service area for
Southlake, Keller and North Richland Hills. It is intended to be a mixture of light
industrial, large scale retail and wholesale uses. It may include auto service and repair
uses.
43.4 PURPOSE-The purpose of the SH 114 Corridor Overlay Zone is to provide for consistent
development of office, retail, commercial, and residential areas along a major traffic
corridor through the City of Southlake. The purpose of the Village Center is to identify a
unique area of the City which is bounded by SH 114, FM 1709 and Carroll Avenue, to
43-1
encourage pedestrian oriented retail and entertainment uses having high quality urban
(sv design characteristics. The purpose of the FM 1709 Corridor Overlay Zone is to provide
for consistent developments of residential,office,local service retail and institutional areas
along a major traffic corridor through the City of Southlake. The purpose of the FM 1938
Corridor Overlay Zone is to provide for consistent development of light industrial, large
scale retail and wholesale areas along a major traffic corridor through the City of
Southlake. The standards set forth herein are designed to enhance the visual image of the
corridors and maximize traffic safety.
43.5 DEFINITION AND APPLICABILITY-The Corridor Overlay Zone includes the entirety
of all properties which adjoin or are located within 100 feet of the future SH 114 ROW,the
FM 1709 ROW,and FM 1938 ROW.or any property which provides for vehicular access
to said Rights-of-Way or which provides for vehicular access to an arterial street within
500'of said Rights-of-Way. The Corridor Overlay Zone also includes the area bounded by
SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development
within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709
Corridor as established herein. The standards and regulations set forth in the Corridor
Overlay Zone are superimposed and shall supersede the standards and regulations of any
underlying zoning district which are in conflict.
43.6 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning
district. However in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory
sales, provided that such activities occur entirely within the confines of the business
structure itself and nursery yards may only be allowed as a Specific Use Permit.
43.7 ACCESSORY USES-Any accessory uses allowed in the underlying zoning district shall
be permitted.
43.8 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning
district shall be permitted.
43.9 DEVELOPMENT REGULATIONS-Except as follows,any development regulations set
forth in the underlying zoning district shall be applicable.
a. Concept Plan and Site Plan Required-Any applicant for zoning within the Corridor
Overlay Zone must submit concurrent with their zoning application,a Concept Plan
which meets the requirements of Section 41 or a Site Plan which meets the
requirements of Section 40 of the Zoning Ordinance No. 480 as amended. All
properties zoned at the effective date of this ordinance which do not have a Council
approved Concept Plan or Site Plan on file with the City shall submit a Concept Plan
or Site Plan meeting the above requirements prior to the submittal of a building
permit request. A Site Plan must be approved by Council prior to the issuance of a
43-2
building permit. All Concept Plans and Site Plans may only be approved by the City
Council after a recommendation by the Planning and Zoning Commission in
accordance with the same notice and hearing requirements for zoning changes as set
forth in Section 46 of Ordinance 480, as amended.
b. Variances-At the time of review of any required Concept Plan or Site Plan, the City
Council may grant variances to the development regulations set forth in this Section
and to Section 35.6, "Number of Off-Street Parking Spaces Required." A parking
space variance can only be at the request of the Owner/Applicant and cannot be
required by the City Council as a part of their approval of any Concept Plan, Site
Plan, Developer's Agreement or by any other means. The City Council shall be
limited to granting a variance to no more than ten percent (10%) of the required
number of off-street parking spaces. (As amended by Ordinance No. 480-CC).
1. To receive a variance, the applicant must demonstrate one of the following:
(a) A variance will reduce the impact of the project on surrounding
residential properties; or
(b) Compliance with this ordinance would impair the architectural design
or creativity of the project; or
(c) A variance is necessary to assure compatibility with surrounding
developed properties; or
(d) The proposed construction is an addition to an existing project that
does not meet the requirements of this ordinance.
In addition, to receive a variance from the outdoor storage regulations in
this section, the applicant must demonstrate that the variance will not
substantially impair the intent and purpose of the regulations of this
ordinance and one of the following:
(e) Compliance will result in the destruction of an existing masonry
screening device; or
(f) Compliance would present extraordinary difficulties in the use of
the property; or
(g) Compliance would substantially impair the architectural design
of structures dedicated or related to the use.
43-3
(pf 2. The City Council may grant a variance by an affirmative vote of a majority of
the City Council members present and voting on the matter. In order to grant
a variance,the City Council must determine that a literal enforcement of the
regulations will create an unnecessary hardship or a practical difficulty for
the applicant;that the situation causing the unnecessary hardship or practical
difficulty is unique to the affected property and is not self imposed; that the
variance will not injure and will be wholly compatible with the use and
permitted development of adjacent properties; and that the granting of the
variance will be in harmony with the spirit and purpose of this ordinance.
3. If a variance application is denied by the City Council, no other variance of
like kind relating to the same project or proposed project shall be considered
or acted upon by the City Council for a period of six(6)months subsequent
to the denial.
c. General Development Standards - The following standards shall apply to all non-
single family residential development in the Corridor Overlay Zone and the Village
Center unless noted otherwise. For any non-single family residential use or building
developing within 400' of single family residential property, development
regulations set forth in Part III("Residential Adjacency Standards") of this section
shall also be required. (As amended by Ordinance No. 480-CC).
Cre 1. Architectural Standards:
(a) Masonry Requirements:These standards shall apply to facades which
are visible from the following roadways and their respective rights-
of-way: SH 114,Carroll 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 stucco finish with equal or
greater strength and durability specifications. It shall be the sole
authority of the Chief Building Official to determine when synthetic
products are comparable in strength and durability to stucco finishes
43-4
These synthetic products shall be installed per the manufacturer's
standards by certified installers and shall be subject to staged
inspections throughout the construction process.
The use of synthetic products (e.g., EIFS, Hardy plank, or other
materials approved by the Chief Building Official, as noted above)
shall be limited to eighty percent (80%) of the building's exterior
finishes, exclusive of all windows, doors, and glass construction
materials.
(b) Roof Design Standards: In an effort to screen rooftop mechanical
equipment, other appurtenances, and flat or built-up roofs, all
structures having a 6,000 square feet or less footprint shall be
constructed with a pitched roof as defined in Section 43.12 of this
ordinance. Those structures having a footprint greater than 6,000
square feet shall be constructed with either a pitched, parapet, or
mansard roof system (enclosed on all sides). Standing seam metal
roofs shall be constructed of a factory-treated, non-metallic, matte
finish. Metal roofs with lapped-seamed construction, bituminous
built-up roofs, and flat,membrane-type roofs which are visible from
adjacent public ROW shall be prohibited.
(c) Mechanical Equipment Screening: All buildings must be designed
such that no mechanical equipment(HVAC, etc.) or satellite dishes
shall be visible from SH 114, Carroll Avenue between SH 114 and
FM 1709, FM 1709, and FM 1938 and any adjacent public ROW.
This shall include equipment on the roof,on the ground or otherwise
attached to the building or located on the site.
Rooftop mechanical equipment and/or other rooftop appurtenance
screening shall be accomplished by either the construction of 1) the
roof systems described in subparagraph (b) above or 2) an
architectural feature which is integral to the building's design and
ensures that such equipment is not visible from adjacent public ROW.
The fencing of or enclosure of individual mechanical units shall not
be permitted except as described above.
All rooftop mechanicals or architectural features described herein
shall be shown on the required building elevations at the time of site
plan approval.
(d) Facade Articulation: On all non-single family residential buildings,
all facades which are visible from SH 114, Carroll Avenue between
(ow
43-5
SH 114 and FM 1709, or FM 1709, the following horizontal and
Cry vertical articulation must be met(see Exhibit 43-A for clarification).
i. Horizontal Articulation: No building facade shall extend
greater than three(3)times the wall's height without having a
minimum off-set of 15%of the wall's height,and such off-set
shall continue for a minimum distance equal to at least 25%
of the maximum length of either adjacent plane.
ii. Vertical Articulation: No horizontal wall shall extend for a
distance greater than three (3) times the height of the wall
without changing height by a minimum of 15% of the wall's
height,and such height change shall continue for a minimum
distance equal to at least 25% of the maximum length of
either adjacent plane.
(e) Exposed Columns: Exposed structural support columns shall be
constructed of,or clad in,the same masonry material as the principal
structure. Architecturally significant columns(e.g. fluted,etc.)may
be permitted.
(f) Architectural Fencing: All architectural fencing which runs roughly
parallel to the SH 114,Carroll Avenue,FM 1709,FM 1938 rights-of-
way, shall be constructed of the primary masonry materials of the
building, wrought iron or living plant material. It shall not run in
straight line without being off-set by a minimum of 6 feet every 60
feet. It shall be located no closer to the ROW than one half the width
of the required bufferyard.
(g) Reflective Glass: No more than 50%of any facade may be reflective
glass. For the purposes of this ordinance, reflective glass shall be
defined as glass having a reflectance of greater than 10%.
(h) Height: Same as in underlying zoning, unless the building is
constructed within Village Center. All properties which are located
within the Village Center shall be further limited in height to the
underlying zoning district or maximum elevation of 710 feet
(National Geodetic Vertical Datum of 1929), whichever is lower.
2. Site Design Standards:
(a) Building Setback: All lots within the Corridor Zone shall maintain a
minimum building setback of 50 feet adjacent to SH 114, FM 1709
43-6
and FM 1938 rights-of-way and the east ROW of Carroll Avenue.
All other building setback regulations shall be the same as in the
underlying zoning district except as otherwise noted herein.
(b) Parking Area Restriction: No parking shall be allowed in any
required bufferyard.
(c) Loading and Service Areas: Loading and service areas shall be
located at the side or rear of buildings. A minimum 10 foot solid
screening wall shall be required to screen views of loading docks and
loading spaces intended for tractor/semi-trailer delivery from any
public right-of-way. This 10 foot wall must screen the entire loading
dock or space. Screening materials shall utilize similar masonry
materials to the front facade. The accommodation of adequate access
for service delivery trucks may be evaluated to determine the extent
of screening required.
(d) Trash Receptacles and Recycling Receptacles: Trash and recycling
receptacles shall be four sided with a gate and located outside
bufferyards, and to the side or rear of the principal building. They
shall be screened by a minimum eight foot(8') solid masonry screen
and shall utilize similar masonry materials to the principal structure.
(e) Play Structures:Play structures shall not be placed outdoors between
the primary building and any adjacent public ROW.
(f) Plan Review: In addition to other factors set out in the Zoning
Ordinance, Concept Plans, Development Plans, and Site Plans shall
be reviewed for:
i. Meeting the intent of the landscape provisions in the
Landscape Ordinance No.544,as amended,and the buffering
and screening provisions herein and in Section 42
(Bufferyards) and Section 39 (Screening) of the Zoning
Ordinance No. 480, as amended.
ii. Achieving the intent of Architectural Standards and Site
Design Standards.
iii. Proper site entry identification and site circulation to avoid
congestion at ingress and egress points.
L
43-7
3. Landscape Standards: All sites shall, as a minimum, meet the following
standards and the standards set out in the Landscape Ordinance No. 544, as
amended, and Section 42 (Bufferyards) of the Zoning Ordinance, as
amended. Where the following standards conflict with the Landscape
Ordinance and the Bufferyards Section of the Zoning Ordinance, these
requirements shall prevail:
(a) Bufferyard Plantings: The plants shown in Exhibit 43-B shall be
required per one hundred feet (100') of ROW frontage for the
referenced bufferyard.
The Landscape Administrator may approve the substitution of canopy
trees for the required bufferyard shrubs at the ratio of one (1) 4"
caliper canopy tree for every six(6)shrubs up to a maximum of 50%
of the required bufferyard shrubs.
(b) Required Bufferyards: The bufferyard required shall be based on the
underlying zoning district designation as shown in Exhibit 43-C.For
S-P-1, S-P-2 and PUD districts the bufferyard shall be determined
based on the district which most closely resembles the proposed land
use. Any building which has a loading dock which is located at the
side or rear of the building and is visible from SH 114, Carroll
tre Avenue or FM 1709 shall provide a bufferyard in accordance with
Table One,however the calculated quantity of canopy trees shall be
doubled along the rear property line.
(c) Plant Material Sizes: Plant materials shall meet the size requirements
set forth in the Landscape Ordinance, as amended. (As amended by
Ordinance No. 480-JJ.)
(d) Plant Material Selections: Plant materials selected for planting
within the bufferyards are recommended to come from but not be
limited to the following plants:
SH 114 Canopy Trees: Bur Oak, Red Oak, Leyland Cypress
Other Corridor Canopy Trees: Cedar Elm, Lacebark Elm, Red
Oak, Leyland Cypress, Live Oak, Bur Oak.
Accent Trees: Tree Yaupon, Red Bud, Eldarica Pine, Wax Myrtle,
Ornamental Pear, Mexican Plum, Possumhaw.
(e) Sites Larger Than Five Acres: On sites in excess of five(5)acres,the
Landscape Administrator may approve variations in the location of
the required front bufferyard plantings to an area within two hundred
43-8
(iv feet (200') of the ROW For every additional fifty feet (50') of
bufferyard width,the required number of plantings shall increase by
twenty-five percent (25%) of the required number.
(f) Erosion Control/Retaining Walls: Any slope embankments or
retaining walls within public ROW or within the required bufferyard
must be terraced every four feet (4') in height (maximum) with a
minimum two foot(2')planting area provided between each vertical
plane. Materials used for the vertical elements shall be natural stone,
railroad tie, landscape timbers or any masonry material which
matches the masonry material used on the front facade of the primary
building. The planting area must contain plant materials other than
grass.
(g) Open Drainage Channel Standards: Any open drainage channels
within the corridor overlay zone shall be constructed of materials and
methods as established by the City Council.
(h) Parking Lot Impacts: The parking lot landscape area shall meet the
requirements set forth in the Landscape Ordinance,as amended. (As
amended by Ordinance No. 480-JJ.)
4. Requirements for Ancillary Outdoor Storage: The following are
requirements for ancillary outdoor storage in non-residential districts located
in the Corridor Overlay Zone. All uses with ancillary outdoor storage and
display of any goods, materials, merchandise, equipment, parts, junk or
vehicles (over night parking) shall not be permitted unless in conformance
with the following regulations:
a. All proposed areas used for ancillary outdoor storage and the
associated method of screening shall be indicated on an approved site
plan, development plan or concept plan along with scaled elevation
drawings indicating the type of screening and materials proposed to
be utilized.
b. Outdoor storage screening shall be accomplished by the construction
of a minimum eight(8)foot Type I masonry wall. No portion of the
screening device shall be used for advertising and display of signage
or materials.
c. The Type I screening wall shall meet the articulation requirements set
forth in Section 43.13.d. This requirement shall apply to walls
43-9
constructed simultaneously with the principal building or those added
at a later date.
d. Outdoor storage areas shall observe all setback requirements for the
principal building on the lot.
e. All surface areas dedicated to outdoor storage must be constructed of
an all weather surface material and shall be exclusive of any required
parking.
f. Outdoor storage areas shall not be located forward of the principal
building and when possible, shall be located at the side of the
building not facing a public street,
events(Sec Exhibit 43 F) Also the i* d l t d b ,
excl„ded f o tL, o`er nts of S.cti_n 3 n _ 4_
i. newspapers;
d ,td„ r f 1 1. ,
iii. charitable sales events sponsored by non profit
organizations pro ,idea t at the e t o * a
usval e rchandis d d tl. t tL d•t
etion t (All d t' 1 e � 1 alvaa av
subject to the f 11 „lntie s regardless efthe-date-that
a site Sa ,concept Y 1 vl ad v 1 t 1 ,,, d\
(a) Acceptable ite 1, d t' 't' t b t d
sitemsZTIIE!-;��eiP.'7e,f it "1 stelesbelow: 1) li inn
p�c«t ;2) bundled-fir weeds 3) merchandise
f
vendefs7
lawn anal garden; e d t V ll h l
Ml L11K11VV
promotional s t •J a„ sh 11 t b t d t d th
removed a„d V�t u d d t tl, d f h
v� .tale a
business y\
43-10
Unaeeeptubl r L d L
without ee y1 d th r d i
types of:t`ms listed below: 1 1;..nces; 2) ti
e e
and-drinkproduetst--7)--iewelizi;-8)-speftinggee , n
`' is• 1 1) „., er er
scooters; 12) furniture; 13) clothes; 14)
containers;-ands eels;-1-6)-bagged
C^
el, ., ulehf Y soil f f rril' "a 1 d d
7 7
17) mY J e t••pr ( .�t�vau t Y f t t d
�
nd-�atien a Cir vf—Sv tuhiak�}
u
(b) Ne a tl, 50% of the-pedest the a ll
hard surface area located parallel to the front of the
buildinb ba vi: of ped t 1 tL
T
be-use d for storage-prvvng
thaterg pedestfiaa-path,sidei� l�aut or hard
surfaceL ll ntain no less tLa... 5' idth -
Exhibit 43 G).
(c) TLe sto h 11 t .] 3nrn f h i
� � ar.,u
frenta
p 1+ y v a aaia
1.. ild; (S 1r h'b t 43 G)
0)
«
e" uaad' f 1 tl t .1 f Ft h ic1
(e) The.++ c d' e f .,le of l ..te.1 ___thin require d
landscaped ., e e f 1 eif r �., red pL' b a.uvu , , f
Fe
weather „rf
(f) Th�la. of h d h ll b t ' d '
r eJ' {AaSSV�I 111-a
neat orderly f a t b to 1 ,t 1,' h rl.
€our__( r He ght r ,..lt] shag
apply-to liv�ingg-pl r t 1 v ua rt.e 1 f Ch t--
trees.
g) P ek.,ge,1 t is ,d s layed eutdeerrshall net be
readily identifiable by type er product name from
adjacent publi r is a ad'J r s:denti.,l p rr L
y
rke
package�.,eals�, .,le t., gnu eF
of
43-11
(10,
(h) Such ...e rcha, l: e ,ter not; ede traf , fl.,w o
\ll
block site distance ., the streer
f
rath n s ,, n e stvn aretace
uouvviutedlvw veiit dfil kpl
,
h7g Outdoor Storage must comply with the screening requirements set
forth in Section 39. If the regulations in this section conflict with
those in Section 39, the most stringent regulations take precedence.
Materials stored outdoors, excluding vehicles, trailers, and mobile
machinery or equipment,shall be stacked no higher than one(1)foot
below the top of the required screen. Also, all reasonable measures
shall be taken to ensure materials are not clearly visible from elevated
roadways (See Exhibit 43-H).
When reviewing site plans, development plans or concept plans
associated with the ancillary outdoor display and sale of living plant
material (i.e. garden center) and its associated materials, the City
Council may waive the requirement for the Type I screen and allow a
combination of wrought iron and masonry materials (similar to the
principal building) provided that the applicant clearly demonstrates
on the plans submitted that the associated materials meet the
screening requirements outlined below.
Any merchandise typically associated with a retail garden center such
as mulch, lawn equipment, propane items, barbecue grills, paving
stones,landscape timbers,bird baths,garden chemicals,etc. may be
stored within this area provided that these items are not prominently
displayed or featured from the public right-of-way through the
wrought iron portion of the screening wall. This may be
accomplished by one of the following: 1) attaching a semi-opaque
(Type II)mesh material to the wrought iron portion of the screen; 2)
placing living plant materials such that these plants serve as a semi-
opaque screen for the non-living plant material; or 3) storing these
goods behind the masonry portion of the screen wall in a manner that
the goods are not clearly visible from the public right-of-way. The
Type II screen must meet the articulation requirements set forth in
Section 43.13.d.
lj_ The following activities are excluded from the requirements of Section
43.9.c.4:
43-12
(ii i. general construction activities; and
ii. operations with primary outside storage.
5. Requirements for Primary Outdoor Storage:The following are requirements
for primary outdoor storage in non-residential districts located in the Corridor
Overlay Zone. All uses with primary outdoor storage of any goods,
materials, merchandise, equipment, parts, junk or vehicles (over night
parking) shall not be permitted unless in conformance with the following
regulations.
a. All areas used for primary outdoor storage and the associated method of
screening shall be indicated on a submitted site plan,development plan or
concept plan along with scaled elevation drawings indicating the type of
screening and materials proposed to be utilized.
b. All operations that have primary outdoor storage (except those uses
specifically identified in Subsections 43.9.c.5.d and e)are also subject to
the requirements in Subsection 43.9.c.4 and Subsection 39, except for
the following:
i. adjacent screening of the principal outside storage material
v from the public right-of way may be accomplished through
any acceptable Type III screen; and
ii. the Type III screen is not subject to the articulation
requirements set forth in Section 43.13.d.
c. The primary outdoor storage of living plant material stored on the
ground is not subject to the screening requirements in Sections 43.9.c.4
or 43.9.c.5. All equipment, tools, vehicles, etc. associated with the
upkeep and maintenance of the living plant material that are stored
outdoors are subject to the regulations in Section 43.9.c.4.
d. A periodic market held in an open area,such as a farmers'or flea market,
where groups of individual sellers offer goods for sale, are not subject to
the regulations in Section 43.9.c.5.
e. General construction activities are not subject to the regulations in
Section 43.9.c.5.
III. RESIDENTIAL ADJACENCY STANDARDS
43-13
(iv
43.10 The following residential adjacency standards shall apply to all non-single family
residential buildings or uses located within the Corridor Overlay Zone,the Village Center,
and those buildings and/or uses lying within four hundred feet (400') of single family
residential property(See Development Regulations in Section 43.13a)and to all non-single
family residential buildings and/or uses located within two hundred feet(200')of property
being within the "MH" Manufactured Housing District and also having a low density or
medium density residential land use designation according to the Land Use Plan (See
Development Regulations in Section 43.13b). (as amended by Ord. 480-QQ)
These standards are in addition to the development regulations applicable to the underlying
zoning district and the corridor overlay zone(where applicable).When any requirements in
this section are in conflict with any other requirements for the underlying zoning district,
the more stringent requirements shall apply.
43.11 PURPOSE AND INTENT - In order to preserve and protect the integrity of residential
neighborhoods within the City of Southlake,and in an effort to protect the quiet enjoyment
of single family residential properties and to maintain property values, the City has
determined that it is necessary and appropriate to adopt specialized regulations for non-
single family residential uses and buildings that develop within 400 feet of single family
residential properties.
Cor 43.12 DEFINITIONS AND APPLICABILITY-For purposes of Part III of Section 43,the four
hundred foot (400') distance shall be measured from the non-single family residential
building and/or use to the property line of the single family residential property and the
following terms shall be defined as:
Non-single Family Residential Use or Building - All nonresidential district uses or
buildings as well as two-family and multiple-family residential district uses or buildings.
Pitched Roofs-A roof system having two or more slopes,excluding visible flat or built-up
roofs.
Single Family Residential Property-Any lot or tract of land with single family residential
zoning(i.e.,RE,SF-1A,SF-1B,SF-30,SF-20A,SF-20B,and R-PUD)or any lot or tract of
land designated as low or medium density residential on the Land Use Plan.
Visible - Capable of being seen at a height of six feet (6) while standing at the highest
grade on the residential property line.
43.13 DEVELOPMENT REGULATIONS:
43-14
a. In addition to the development regulations set forth in the underlying zoning district,
(ir a plan meeting the requirements set forth in subparagraph 43.9a of this section and
meeting the following additional development regulations shall be required to be
submitted for any use or building that develops within 400 feet of single family
residential properties. When applicable, line-of-sight drawings shall be submitted
with the application to assess issues of visibility.
(1) 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 stucco finish with equal or greater strength and
durability specifications. It shall be the sole authority of the Chief Building
Official to determine when synthetic products are comparable in strength and
durability to stucco finishes.
The use of synthetic products (e.g., EIFS, Hardy plank, or other materials
approved by the Chief Building Official, as noted above) shall be limited to
eighty percent (80%) of the building's exterior finishes, exclusive of all
windows, doors, and glass construction materials.
2) Roof Design Standards:In an effort to screen rooftop mechanical equipment,
other appurtenances, and flat or built-up roofs, all structures having a 6,000
square feet or less footprint shall be constructed with a pitched roof. Those
structures having a footprint greater than 6,000 square feet shall be
constructed with either a pitched,parapet,or mansard roof system(enclosed
on all sides). Standing seam metal roofs shall be constructed of a factory-
treated, non-metallic, matte finish. Metal roofs with lapped-seamed
construction,bituminous built-up roofs,and flat membrane-type roofs,which
are visible, shall be prohibited.
3) Mechanical Equipment Screening:All buildings must be designed such that
no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible.
This shall include equipment on the roof,on the ground or otherwise attached
to the building or located on the site.
43-15
(iw Rooftop mechanical equipment and/or other rooftop appurtenance screening
shall be accomplished by either the construction of 1) the roof systems
described in subparagraph (b) above or 2) an architectural feature which is
integral to the building's design and ensures that such equipment is not
visible. The fencing of or enclosure of individual mechanical units shall not
be permitted except as described above. All rooftop mechanicals or
architectural features described herein shall be shown on the required
building elevations at the time of site plan approval.
4) Facade Articulation: On all facades the following horizontal and vertical
articulation must be met(see Exhibit 43-A for clarification).
i. Horizontal Articulation:No building facade shall extend greater than
three(3)times the wall's height without having a minimum off-set of
15% of the wall's height, and such off-set shall continue for a
minimum distance equal to at least 25% of the maximum length of
either adjacent plane.
ii. Vertical Articulation: No horizontal wall shall extend for a distance
greater than three (3) times the height of the wall without changing
height by a minimum of 15% of the wall's height, and such height
change shall continue for a minimum distance equal to at least 25%
of the maximum length of either adjacent plane.
5) Height: Same as in underlying zoning.
6) Loading and Service Areas:Loading and service areas shall be located at the
side or rear of buildings. Where visible, a minimum 10 foot solid screening
wall shall be required to screen views of loading docks and loading spaces
intended for tractor/semi-trailer delivery. This 10 foot wall must screen the
entire loading dock or space. Screening materials shall utilize similar
masonry materials to the building's facades. The accommodation of
adequate access for service delivery trucks may be evaluated to determine the
extent of screening required.
7) Trash Receptacles and Recycling Receptacles: No trash receptacles or
recycling receptacles shall be located within fifty feet(50') of single family
residential property.Trash and recycling receptacles shall be four sided with
a gate and located outside bufferyards,and to the side or rear of the principal
building. They shall be screened by a minimum eight-foot(8')solid masonry
screen and shall utilize similar masonry materials to the building's facades.
43-16
tir 8) Setbacks/Yards:No non-single family residential building may encroach in
the area above a line having a slope of 4:1 from any single-family residential
property. However, a structure may be built up to within 40 feet of the
residential property line, provided that the structure is no greater than one
story or 20 feet in height. (See Exhibit 43-E for clarification.)
Any applicable structures abutting a local street (i.e., residential street and
cul-de-sac as defined in the Thoroughfare Plan)shall provide minimum front
and side yards equivalent to the front and side yards required for the single
family residential property within 400,' but not less than the front and side
yards otherwise required in the underlying zoning district.
9) Spill-over Lighting: No use or operation shall produce direct or indirect
illumination across a residential property line except in compliance with the
current lighting ordinance,as amended. (As amended by Ordinance No.480-
GG.)
10) Noise: Noise levels shall comply with the requirements of the current noise
ordinance, as amended. (As amended by Ordinance No. 480-KK.)
11) Variances: Variances to the development regulations in this Section shall be
limited to those set forth in Section 43.9 b of this ordinance.
tre
b. In addition to the development regulations set forth in the underlying zoning district,
the following additional development regulations shall be required for any non-single
family residential use or building within two hundred feet(200') of property being
within the"MH"Manufactured Housing District and also having a low or medium
density residential land use designation according to the Land Use Plan. (as amended
by Ord. 480-QQ)
1) Mechanical Equipment Screening: All buildings must be designed such that
no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible
from the adjacent MH district. This shall include equipment on the roof,on
the ground or otherwise attached to the building or located on the site. Such
equipment shall be appropriately screened with fences or by vegetative or
other means.
2) Loading and Service Areas:Loading and service areas shall be located at the
side or rear of buildings. Where visible from the adjoining MH district, a
minimum 8-foot screen (either masonry or vegetative) shall be required to
screen views of loading docks and loading spaces intended for tractor/semi-
trailer delivery. This 8-foot wall must screen at least 80% of the loading
43-17
dock or space. The accommodation of adequate access for service delivery
trucks may be evaluated to determine the extent of screening required.
3) Trash Receptacles and Recycling Receptacles: No trash receptacles or
recycling receptacles shall be located within twenty-five feet (25') of MH
district property.A minimum six-foot(6')masonry or vegetative screen shall
screen trash and recycling receptacles.
4) Setbacks/Yards:No nonresidential building may encroach in the area above
a line having a slope of 2:1 from any MH district property. However, a
structure may be built up to within twenty-five feet(25') of the MH district
property line, provided that the structure is no greater than one story or
twenty feet (20') in height.
5) Spill-over Lighting: No use or operation shall produce direct or indirect
illumination across a residential property line except in compliance with the
current lighting ordinance, as amended.
6) Noise: Noise levels shall comply with the requirements of the current noise
ordinance, as amended.
7) Variances: Variances to the development regulations in this Section shall be
', limited to those set forth in Section 43.9 b of this ordinance.
43-18
1 ,
•
EXHIBIT 43-A
(6, BUILDING ARTICULATION
H=Height of building
MHFL=Maximum horizontal facade length
MVFL=Maximum vertical facade length
`.••z%
MHOL=Minimum horizontal offset lengths"N*-----;.:-_____:. •
e MVOL=Minimum vertical offset length
..%ifir:.,,,;Z,;.,iii!:: .................:::=1..;..;.....;.....! I......... .;...........................:71
..01.
.,,'I'e,";'`...41,90 51:4ar.:-____=7-',.:1=4*--.....:":4---.'-:---:--- :!.=f7.7-7-7=::. ::::;:: Fel--:.:.........:::::::r::::::iiii:: •-,
AE,?23.1 1:1; -::--•÷1•:: -T::-t•''.1Hr..:•iii".:1ES.9'.•:7 iii:-F-:-71.... tliiig EFAEF-inr:EiiiiEs'i•Eiiissim .
"k'",'"'..i'7.4.;•r.:-.1tire-:.::.-.:=.:.............._...........;;=:=,=,;;:;.. ....= :„....................:..:.....
•giVi FiliggiliW"-r-:-'1:7- 11:i5311-7"1::'''''''''="=. ;•:1.--iii!!!!!!!!!!!!!!1!!!!!!!.:42222:.!.12
••,,,,,, ,;!.÷:::::::::::---:::::=:ItiFEEE-:ir:aiiiian--....iiiiiiSi iS,L1EESF:EH!.....:E.:::.::::::::::E.:.„
'-‘7C:?4:7--"=.•-•:27:-•-::: ::::::F:::::::::::....''rr.:: :7_7::::,.„...:.....n'.:::::.:::::::::.!!
I( MHFL=3(H) )' $„ 1 •
MHOL = 15%(-H)i Is----, MHFL = 25%of maximum length of either adjacent plane
=25%of maximum length
ISOMETRIC OF HORIZONTAL ARTICULATION MVFL
of either adjacent plane
1 MVFL=3(H)
I( ii I I
N, MVOL= 15%(H)
(
(1111, ' t."-....:....-::::;::::-1:••••••••-•-------- ....
III. •=".-'4-::':-.F.+-•:•JiEiHHF•iiqiiliiiP•riiKiiiiigiair•÷:'.4:1:-:111;11:i: :-.41.0ii'• J3117-:'•1
\-• ir• -• -7.--w•-51-Tr--411-411r•-,:15-•:=:=::=:':=Ei:iii:::=7'.7.::::::::......-..,-__----::: :%•4•"==...„:::••• '''.----:•-•—÷.-411•7=iilm .1.-1:1=1:-:1E-Ei.iiIiiiTir:iirrli
iiiiiiiiiiiiPErai
iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii •
4..5a4.1:1E7iiarrirciaillit:i1 '"'''::::":::TC:::=:= ti:1•11
L
......-.........:::__.. • • Er•zhi,=====:::rZ*1-=:'::r•iir.::7.--.=::::::::7.:::::=::::7.7...r.--77-:.-.:=:er7+.T.i...-Zir:Bil •
du••:-. .':iiIE-.4-:1'•Zr•:41..--z-7.'"-TEHF:2Ez::::::7.7.--"'=•:••:7•=•••= r*=,%P. .
tEiii•::4-::EEHEiiiFiEEE1 .
•
•
— .
1:7.:::-=E:::-_-EHEEE:••:r:..;5:ii.:HE.:::1;;;;;;;;;::::;;:j.r::::.:i4:::::;-!21-2:4;; ;;
E...F7-7...........:;;;:.................
...................... :: ::::::::Lt
_.................. i:-..E:::::::::1:::F..1:= 79E:=:Tzlz:i.:::::-..:...17.222:.'.:T.':::::-. :::=-7:7:7.::•-::--;-.4
.---.--._-----
,i---•'.•:-:-."-'4"::- --"------'=-------.="-1-77::::7-11:17-.:-..**,-----r---------------:--•-"`--
.....----------- ----------•---
• -
...3-a.--:-•••:..:......-.1;z-..,g-....:.x.:1.--=-,-_-.-..11.-...1..--L:is-:.•:••:--r::::=:..-::3-.4--"--1•1-:-a:al------=---•-,--;7gh F.7::i i--''---=-.-1
••••••----•r•-•.- •::::,:-.7----•=7?-1:-•=r----1•—•••••—• •:---:==:7.:::::::.=...
.........-.....42-1=-....... ............-:7
-- .----.................---....-_---
........_....•••=••-••••• -.....- -........-----=
ii
14 -7r7lg1Pliigt
L
. A•varr
•
.............
•
..'.........:7:
ILV=1.0r-Miiiiiiiiiiigiliiiiiii!iiiiiiiiiiitiiiiiiiiiiiihi -4........7:7:= ...r:._=.::.ii::: E:-..:Ai::::73:::?.:::.-::..:.-::=rt.22:::rt:z!tkrlybijri•::t:::::_...::F.:Sij:,z-..7.:-.*2.....,:•:T--I.:.::::. .:.4.gMKtr-:
lir --.. —
-- .. •• ::::::=::::::::::=::::::::::::::::::::::::=::•••••-.............................--=....
Mililrif.—::- L-• ...:.......... -II..
—...
......................................................................•-••••••••••••-...
•nr==—. - - ...•-•'.•; -
NSN40, •
•
• •
PLAN VIEW-HORIZONTAL ARTICULATION ELEVATION-VERTICAL ARTICULATION
C
43-19
SUMMARY OF BUFFERYARDS
LBufferyard Canopy Accent Trees Shrubs Width Note
Trees
G 2 3 10 25'
H 3 5 12* 25'
I 3 2 12* 25'
J 4 3 14* 25'
K 4 6 18* 25'
L 2 3 10 20'
M 3 2 12* 20'
N 3 5 12* 20'
O 4 3 14* 20'
P 4 6 18* 20'
Q 2 3 10 15'
R 3 2 12* 15'
S 4 4 12* 15'
T 4 5 18* 15'
NOTES/LEGEND
• Where parking is provided between the building setback line and public R.O.W., shrubs
obtaining a mature height of three feet(3')or greater must be planted at a maximum spacing of
thirty inches (30") on center continuous along all paved edges of the parking or drive areas.
43-20
EXHIBIT 43-C
REQUIRED BUFFERYARDS
Zoning of S.H. 114 F.M.1709& F.M.
Developing E.R.O.W. 1938
Tract Carroll
between 1709
&114
AG * * *
RE G L Q
SF-lA G L Q
SF-1B G L Q
SF-30 G L Q
SF-20A G L Q
SF-20B G L Q
MH H N S
MF-1 H N S
MF-2 H N S
41.0, CS J 0 R
0-1 I M R
0-2 I M R
C-1 J 0 S
C-2 J 0 S
C-3 J 0 S
C-4 J 0 S
B-1 J 0 S
B-2 J 0 S
I-1 K P T
I-2 K P T
HC J 0 R
* No bufferyard required
43-21
EXHIBIT 43-E
REQUIRED BUILDING SETBACK FROM RESIDENTIAL
•
Residential 'Ole
Property Line topetti`J
Resldentlas u e fTp0 test e�tia�Q
Rear Yard•40� 4,-gl p
ri 1
,` 40'
t I t------► 1
�'N
1 I I
I t I
Rear Yard 50 ft. 100 150 200
L
Note: Per Section 43.11, no non-residential building may encroach in the area above a line having a slope of 4:1
from any property line of a residentially zoned property or a property with a low or medium density residential land
use designation in the Comprehensive Land Use Plan. However,a structure may be built up to within 40 feet of the
residential property line,provided that the structure is no greater than one story or 20 feet in height.
L
43-22
EXHIBIT 43-D
PARKING PERCENTAGE CALCULATIONS
Lie
.—,--- .. - .
t'Ull—PIN& 6UlLDIN6 ,""rr`&t
v-
`-' PARKIN&/�
�1()Ct/ti ,
±rl100 fo TOTALD .,1� • (6vz or 147;4.
..-..—. ,..‘ /7
xx a� .a _ t /// 7..,, :
/////
t..._ (tor Qr Tbv., 6 olvy,
RPM.Coil
Y .mot R Vow no�l\
,..-- .. - RQw.LYRE
i
7tt 114F/eM 17or/KM.19of aµ 114/CM MI/tcht.116i J
U J'
1L I t
11
12
� to
a' 1ti
Ol11Lk NEGT .e'l I'tfo 81D6• / / 8LD6.
k leort arr'oj /:,////
arm.){
j t
J.
/ 1 / lc / //J/ PJ�Rx W b
///// . / /11: /
\\\ \ \\\�\�\ 1. 8LD6. _ BLob.
' -sri
<, _lC t,. x \ `' \\ , o. nJr/lt 9tn-IcEN W.oa,R.o�+.) : :''tom\ \ �\�\\\\\\ \ \\ \ \ ?v7 or Tsc�c crew caw a.tna.alu.1i.
��re.0 rf6RYI.R V �, 1 f�� 2Y..n o�/\ _ - --_••^
Qew. IIrIL Raw.UM! Y .• -
I J
o.M t14/rtt./Ta' /r-n.tra8 nx u4/GM MI/Fh4 llof
NOTE: Per Section 43.9.b.3.g,landscape areas must be provided throughout the parking lot based on the percentage
of the total parking spaces which are located between the building facade and the right-of-way as follows:
Percentage Landscape Area Required Per Parking Stall
0-25% 13 square feet per stall
25%-75% 18 square feet per stall
>75% 23 square feet per stall
co,
43-23
EXHIBIT 43-F
ACCEPTABLE OUTDOOR STORAGE LOCATIONS
EXHIBIT 4 3-F
ACCEPTABLE OUTDOOR STORAGE LOCATIONS
abler �
Ioa-iion
r-. '4- oar 5�0--' ,-C
{
s
•1�I �
Vil
MI C
-t'ba
4 -1
-,=ar - �"3` 1 3 !� f�l�p 1
I.
vv
GA C of
STTz• T I.
c+y,r.9I.7.
L
43-24
PROPOSED CHANGES
TO THE ZONING
ORDINANCE
SECTIONS 18 , 20 , 21 ,
22 AND 23
SECTION 18
0-1 OFFICE DISTRICT
18.1 PURPOSE AND INTENT-This district is a commercial category designed and intended for
the exclusive use of office and office related activities. It is established for and will be
allocated to those districts capable of supporting commercial activity of an office character.
It is envisioned as possessing a lower overall intensity of use and development when
compared to other commercial categories. It is particularly well-suited for environmentally
sensitive areas and those sites in which natural limitations make full area utilization
infeasible. It has been established to encourage and permit general professional and business
offices of high site quality and appearance, in attractive landscaped surroundings with the
types of uses, and design exterior appearance so controlled as to be generally compatible
with existing and future adjacent and surrounding residential development. This district
should generally be located in areas abutting arterial and/or collector streets which are,
because of location and development trends,suitable for the establishment of office uses that
are compatible with residential uses thereby maintaining the character and integrity of
existing and developing neighborhoods. This district is also ideally located in transitional
areas between commercial and residential development which is adaptable to occupancy by
certain office uses. The ultimate development within this zoning category must provide a
low intensity of land usage and site coverage to enable the site to retain its park-like image.
18.2 PERMITTED USES
a. Office Uses
1. Accounting and tax preparation;
2. Adjustment and collection services;
3. Advertising agencies;
4. Architecture;
5. Banking;
6. Billpaying services;
7. Business corporate headquarters (when used for office purposes only);
8. Business holding and investment services;
9. Chamber of Commerce;
10. Chiropractors;
18-1
,. 11. Computer services;
12. Consumer and mercantile credit reporting;
13. Contractors offices (provided no outside storage or display is permitted);
14. Dentists;
15. Duplication and mailing services;
16. Employment services;
17. Engineering;
18. Finance;
19. Interior design;
20. Land surveying;
21. Law;
22. Management consultants;
23. Optometrists;
24. Other offices of a business and/or professional nature providing services not
including the retail sale, fabrication, manufacture or production of goods or
merchandise.
25. Physicians;
26. Podiatrists;
27. Psychiatrists;
28. Psychologists;
29. Radio recording and television broadcasting offices and studios;
30. Real estate and insurance;
31. Savings and Loan;
18-2
32. Securities and commodities brokers, dealers, underwriters and exchange
offices;
33. Stenographic services;
34. Title companies;
35. Travel bureaus or services;
36. Utility offices;
b. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space to include playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridal trails, nature centers, and bird and wildlife sanctuaries;
3. Libraries;
4. City halls, fire and police stations, and other municipal uses; and
5. Other uses of a similar nature and character.
18.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section
34 of this ordinance,any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
18.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council
following a recommendation from the Planning and Zoning Commission as specifically
authorized in Section 45 of this ordinance,subject to full and complete compliance with any
and all conditions required in Section 45, together with any other conditions as the City
Council may impose. Any use accessory to an approved specific use permit shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-C.)
18.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations
shall be applicable:
18-3
a. Height: No building or structure shall exceed two and one-half(2-1/2) stories, nor
(kwshall it exceed thirty-five (35) feet.
b. Front Yard: There shall be a front yard of not less than thirty (30) feet.
c. Side Yard: There shall be a side yard of not less than fifteen(15) feet except where
the lot abuts property zoned as single-family residential there shall be a side yard of
not less than twenty-five (25) feet.
Zero lot line development may be permitted on a common interior lot line where
construction of a party wall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized,the equivalent open space and plantings(normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses. (As amended by Ordinance No. 480-U.)
d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the
lot abuts property zoned as single-family residential there shall be a rear yard of not
less than twenty-five (25) feet.
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fifty(50)percent of the lot area. (As amended by Ordinance
No. 480-C.)
f. Floor Area: store, shop iness-shalt-hav of--fi-,eked
(500) are f et of f o b t t-The minimum size for a separate building or
structure existing within this district shall be three thousand (3,000) square feet.
There shall be no maximum limitation except as may be required by other provisions
of this ordinance or based upon a specific use restriction.
g. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be
totally encircled or screened by fence, planting or other suitable visual barrier.
h. Off-street vehicle parking spaces may be located within the required front yard of
any retail, office or industrial district;however, such off-street parking spaces shall
be on a hard surfaced drive or parking area.
i. Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed sixty-five(65%)percent of the total lot area. (As amended by Ordinance No.
480-JJ.)
18-4
18.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
PROPERTY- In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43,Part III,Residential Adjacency Standards, shall
also apply.When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
18.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to
the issuance of a building permit for any construction in the 0-1 district. (As amended by
Ordinance No. 480-C.) (As further amended by Ordinance No. 480-M.)
18.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of
Adjustment as specifically authorized in Section 44 of this ordinance subject to full and
complete compliance with any and all conditions required in Section 44, together with any
other conditions as the Board of Adjustment may impose. Any use accessory to an approved
special exception use shall be permitted without specific approval if it complies with the
conditions for an accessory use as defined in this ordinance.(As amended by Ordinance No.
480-D.) (As further amended by Ordinance No. 480-M.)
try
18-5
SECTION 20
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
20.1 PURPOSE AND INTENT-This district is a lower intensity commercial category providing
a uniform set of standards for neighborhood type retail shopping facilities and general
commercial support activities. It is intended that this zoning district be served by
appropriate thoroughfares and be of such size that all parking and traffic maneuvering can
take place on the commercial site. It is intended to provide neighborhood residential areas
generally within one-quarter mile to one-half mile radius with limited,convenience services
and small retail type items. It is intended that the development within a district or tract be
established as a unit, with adequate off-street parking for customers and employees, with
coordinated architecture, with coordinated signage and lighting specifically adapted to
achieve compatibility with surrounding development and with appropriate landscaping and
screening to reduce or eliminate any negative impacts on adjacent land uses.
20.2 PERMITTED USES
a. Commercial Uses
1. Offices of a business and/or professional nature providing services not
including fabrication,manufacture,or production of goods. (As amended by
Ordinance No. 480-C.)
2. Bakeries, provided that the floor area of the bakery operation shall not
exceed 2,000 square feet.
3. Barber and beauty shops.
4. Cleaners, laundries and/or Laundromats, provided that the floor area of the
business does not exceed 2,500 square feet.
5. Gasoline filling stations that operate -conj}tnctien with small convenience
stores. Such use may contain a small c-ar wash facility, but may not include
fendenr body r � a
ever-haul. (Deleted by Ordinance No. 480-Z.)
6. Grocery stores and/or meat markets provided that the floor area of the
business activity shall not exceed 3,000 square feet.
7. Newsstands and/or bookstores provided that the floor area does not exceed
2,500 square feet of space.
8. Restaurants, tea rooms and/or"take-out"food establishments,provided that
the floor area of such operation does not exceed 2,000 square feet. Food
service establishments operating in this district are envisioned to be relatively
20-1
small operations designed at providing neighborhood support, such as
delicatessens and limited menu item establishments that generate low to
moderate traffic from outside the neighborhood area.
9. Tailor, clothing or wearing apparel repair shops to include tailor activities
that create custom made clothing or accessories.
b. Community Facility Uses - City hall, fire and police stations and other municipal
uses.
20.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section
34 of this ordinance,any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
20.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council
following a recommendation from the Planning and Zoning Commission as specifically
authorized in Section 45 of this ordinance,subject to full and complete compliance with any
and all conditions required in Section 45, together with any other conditions as the City
Council may impose. Any use accessory to an approved specific use permit shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-C.)
20.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations
shall be applicable (As amended by Ordinance No. 480-HH.):
a. Height: No building or structure shall exceed two and one-half(2-1/2) stories, nor
shall it exceed thirty-five (35) feet.
b. Front Yard: There shall be a front yard of not less than thirty (30) feet.
c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided,
however,where a C-1 zoned lot abuts on the side of property zoned as single family
residential,each portion of a building in excess of fifteen(15)feet in height shall be
set back one (1) additional foot for each additional one (1) foot in height.
Zero lot line development may be permitted on a common interior lot line where
construction of a party wall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized,the equivalent open space and plantings(normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses. (As amended by Ordinance No. 480-U.)
20-2
d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the
lot abuts property zoned as single-family residential there shall be a rear yard of not
less than twenty-five (25)feet.
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fifty (50)percent of the lot area.
f. Floor Area: Eaeh store chep b since „ t, f h
undfed
(500) square eet of t The minimum size for a separate building or
structure existing within this district shall be two thousand(2,000) square feet. The
maximum floor area contained within any structure existing in this district shall be
ten thousand (10,000) square feet. (As amended by Ordinance No. 480-C.)
g. All commercial uses within this district shall be retail sales and/or service type uses
selling new merchandise only.
h. All exterior lighting designed for security,illumination,parking lot illumination or
advertising and which is placed within this zoning district shall meet the
requirements of the current lighting ordinance, as amended. (As amended by
Ordinance No. 480-GG)
i. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be
(ir totally encircled or screened by fence,planting or other suitable visual barrier.
j. Off-street vehicle parking spaces may be located within the required front yard of
any retail, office or industrial district;however, such off-street parking spaces shall
be on a hard surfaced drive or parking area.
k. Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed sixty-five(65%)percent of the total lot area. (As amended by Ordinance No.
480-JJ.)
20.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
PROPERTY- In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43, Part III,Residential Adjacency Standards, shall
also apply.When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
20.7 SITE PLAN- A site plan meeting the requirements of Section 40 shall be required prior to
the issuance of a building permit for any construction in the C-1 district. (As amended by
Ordinance No. 480-M.)
Lir
20-3
20.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of
Adjustment as specifically authorized in Section 44 of this ordinance subject to full and
complete compliance with any and all conditions required in Section 44, together with any
other conditions as the Board of Adjustment may impose. Any use accessory to an approved
special exception use shall be permitted without specific approval if it complies with the
conditions for an accessory use as defined in this ordinance. (As amended by Ordinance
No.480-M.)
CIW
20-4
SECTION 21
C-2 LOCAL RETAIL COMMERCIAL DISTRICT
21.1 PURPOSE AND INTENT-This district is a low to medium intensity commercial category
providing a uniform set of standards for neighborhood type retail shopping facilities and
general commercial activities. It is intended that this zoning district be served by appropriate
thoroughfares and be of such size that all parking and traffic maneuvering can take place on
the commercial site. It is intended to provide limited local retail and service commercial
uses which serve one or more neighborhoods lying within a one and one-half to two mile
radius of the site.
21.2 PERMIII'ED USES (As amended by Ordinance No. 480-U.)
1. Any use permitted in the 0-1 Office District.
2. Any use permitted in the C-1 Neighborhood Commercial District.
3. Antique shops.
4. Bakeries designed for retail sales rather than wholesale operation.
5. Bicycle sales and bicycle repair shops.
6. Blueprinting or photostating.
7. Book or stationery stores to include large newsstands.
8. Business colleges or private schools for vocational training of office related careers,
such as stenographers, executive secretaries, etc.
9. Christmas tree sales beginning one week before Thanksgiving and extending through
December 31st of each calendar year (outdoor display permitted).
10. Cigar or tobacco stores.
11. Cleaning, dying and pressing works; laundry and Laundromats, providing that the
floor area does not exceed three thousand (3,000) square feet for separate or
combined uses.
12. Confectionery stores.
13. Custom dress making or millinery shops.
14. Dancing schools.
21-1
15. Day nurseries
16. Delicatessen shops without size limitations.
17. Dog and cat hospitals or small animal hospitals if conducted wholly within a
completely enclosed sound-proofed and air-conditioned building, providing that
noise or odors created by activities within the building shall not be perceptible
beyond the property line; that no long term boarding of animals is permitted except
where related to medical treatment;and that no animals are kept outside the building
at any time.
18. Drug stores.
19. Dry goods and notion stores provided that the floor area of such facility not exceed
eight thousand (8,000) square feet.
20. Duplicating service, printing, lithographing, mimeographing, multi-graphing and
offset printing, providing that the floor area does not exceed two thousand (2,000)
square feet.
21. Filling stations or service stations, operating with or without a convenience store.
,
era tra sm ss;Ey�e oy aulccsu . (rr8-amende`la by Ordinance No. 80 C.)
(Deleted by Ordinance No. 480-Z.)
22. Financial institutions.
23. Florist or gift shops.
24. Frozen food lockers for individual or family use,not including the processing of food
except cutting or wrapping.
25. Grocery stores and meat markets without size limitations.
26. Health service facilities to include clinics, offices of dentists, doctors, and other
practitioners of healing arts, licensed or similarly recognized under the laws of the
State of Texas; offices for specialists and supporting health service fields, such as
physical, audio and speech therapy, podiatry and psychological testing and
counseling; dental, medical and optical laboratories and blood banks; ambulance
dispatch stations,prescription pharmacies and offices, stores and display rooms for
the sale and rental and medical supplies and equipment.
27. Jewelry stores.
21-2
28. Leather and leather good shops, providing that the floor area does not exceed two
thousand (2,000) square feet for separate or combined uses.
29. Optical goods.
30. Photographs, portrait or camera shops and photofinishing.
31. Radio and television sales and servicing.
32. Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants.
33. Shoe repair services.
34. Sporting goods, including gun sales and repair.
35. Tailor, clothing or wearing apparel shops without size restriction.
36. Tires, batteries and automobile accessory sales, provided that such activities occur
entirely within the confines of the business structure itself.
37. Variety stores, provided that the floor area of such facility does not exceed ten
thousand (10,000) square feet.
21.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section
34 of this ordinance,any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
21.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council
following a recommendation from the Planning and Zoning Commission as specifically
authorized in Section 45 of this ordinance,subject to full and complete compliance with any
and all conditions required in Section 45, together with any other conditions as the City
Council may impose. Any use accessory to an approved specific use permit shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-C.)
21.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations
shall be applicable (As amended by Ordinance No. 480-HH.):
a. Height: No building or structure shall exceed two and one-half(2-1/2) stories,nor
shall it exceed thirty-five (35) feet.
b. Front Yard: There shall be a front yard of not less than thirty (30) feet.
21-3
c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided,
however,where a C-2 zoned lot abuts on the side of property zoned as single family
residential,each portion of a building in excess of fifteen(15)feet in height shall be
set back one additional (1) foot for each additional one (1) foot in height.
Zero lot line development may be permitted on a common interior lot line where
construction of a party wall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized,the equivalent open space and plantings(normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses. (As amended by Ordinance No. 480-U.)
d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the
lot abuts property zoned as single-family residential there shall be a rear yard of not
less than twenty-five (25) feet.
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fifty (50)percent of the lot area.
(bor f. Floor Area: Each store shop er b h „ >, f r h ,
, U V
(500) squarefeet-orfleor-area-bu t The minimum size for a separate building or
structure existing within this district shall be two thousand(2,000) square feet. The
maximum floor area contained within any structure existing in this district shall be
forty thousand (40,000) square feet. Excepted from minimum floor area
requirements of this provision are small grocery or convenience stores, and car
mil, n struct„ o tl,,,t epee 'i }Hn witl, fill' * tons.The minimwn
Y b vuu•
'lit L ll t r
,
(Deleted by Ordinance No.
480-Z.)
g. All commercial uses within this district shall be retail sales and/or service type uses
selling new merchandise only.
h. All exterior lighting designed for security,illumination, parking lot illumination or
advertising and which is placed within this zoning district shall meet the
requirements of the current lighting ordinance, as amended. (As amended by
Ordinance No. 480-GG.)
21-4
•
(kwi. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be
totally encircled or screened by fence, planting or other suitable visual barrier.
j. Off-street vehicle parking spaces may be located within the required front yard of
any retail, office or industrial district; however, such off-street parking spaces shall
be on a hard surfaced drive or parking area.
k. Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed seventy(70%)percent of the total lot area. (As amended by Ordinance No.
480-JJ.)
21.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
PROPERTY- In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43, Part III,Residential Adjacency Standards, shall
also apply.When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
21.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to
the issuance of a building permit for any construction in the C-2 district. (As amended by
Ordinance No. 480-M.)
21.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of
Adjustment as specifically authorized in Section 44 of this ordinance subject to full and
complete compliance with any and all conditions required in Section 44, together with any
other conditions as the Board of Adjustment may impose.Any use accessory to an approved
special exception use shall be permitted without specific approval if it complies with the
conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No.
480-M.)
21-5
SECTION 22
C-3 GENERAL COMMERCIAL DISTRICT
22.1 PURPOSE AND INTENT-This is a general commercial zoning district normally reserved
for areas that provide the greatest number and mix of retail and commercial uses. This
district is reserved for areas of adequate size and location so that its broad range of medium
to higher intensity land uses will not cause or create nuisances to adjoining zoning districts.
It is not anticipated that this district will be placed contiguous to or in direct proximity to
residential zoning districts. This zoning district is designed and intended to serve as the
commercial support zone of the entire community. It is not based on a service area directed
only at immediately surrounding properties. This commercial zoning classification is the
most comparable to that traditionally found in central business districts of older communities
and is intended to have a clearly commercial pattern. It should be located in such a manner
as to have reasonable access to major arterial roadway systems so that ingress and egress to
the C-3 area may be managed in a safe and controlled manner.
22.2 PERMITTED USES
1. Any use permitted in the C-2 Local Retail Commercial District.
2. Auditoriums, theaters and cinemas.
3. Cleaning, dying and pressing works; laundry and washaterias, providing that the
floor area does not exceed 3,500 square feet for separate or combined uses.
(As amended by Ordinance No. 480-U.)
4. Coin and stamp shops.
5. Commercial amusement centers and bowling alleys where the activity is for indoor
operations and activities only,including indoor driving ranges and indoor miniature
golf courses.
6. Commercial art galleries.
7. Conventional golf courses, including outdoor driving ranges accessory thereto, but
excluding outdoor miniature golf courses.
8. Department stores.
9. Dry goods and notion stores without size limitation.
10. Electrical and gas appliances and supply sales, electrical and gas repair and
installation services.
11. Hardware,paint,wallpaper stores and other home improvement items and activities.
22-1
,► 12. Hat shops.
13. Health and physical fitness centers and gymnasiums.
14. Hobby shops.
15. Household and office furniture, furnishings and appliances.
16. Lodges, sororities and/or fraternities
17. Medical care facilities to include nursing and care homes,hospitals with their related
facilities and supportive retail and personal service uses operated by or under the
control of the hospital primarily for the convenience of patients, staff and visitors.
18. Mortuaries, funeral homes and undertakers.
19. Music or record shops.
20. Nursery buildings for the retail sale of plants and accessory items where the sales
operations are conducted entirely within an enclosed structure. Outdoor storage or
sale shall be permitted with this use to the extent that the outdoor sales area is
completely enclosed by a fence, wall or screening device.
21. Pet shops.
22. Piano stores, musical instruments and supplies.
23. Plumbing and heating appliances, repair and installation services. All storage of
materials must be indoors within this zoning district.
24. Printing, lithographing or duplicating jobs without size limitation.
25. Retail stores,businesses or shops for custom work or the manufacturing of articles to
be sold at retail on the premises, providing that in such manufacture, the total
mechanical power shall not exceed five horsepower for the operation of any one
machine and provided that the space occupied by the manufacturing use permitted
herein shall not exceed fifty (50)percent of the total floor area of the permitted use
and provided further that such manufacturing use is not noxious or offensive by
reason of vibration, noise, odor, dust, smoke or fumes, and all activity shall be
conducted totally within the same building. It is the intent of this provision that the
manufacturing activity be related to the production of small items in a craft-type
environment rather than high intensity construction activities.
26. Skating rinks, ice and roller(indoor only).
22-2
27. Taverns, clubs, and other comparable establishments under which the on-premisesconsumption of alcoholic beverages is permitted subject to issuance of a special use
permit as required in Section 45 of this ordinance. The mere reference to this
provision within the zoning ordinance does not indicate or imply that the sale or
consumption of alcoholic beverages has been or will be permitted under the alcoholic
beverage laws of the State of Texas. It is only intended to define a location for this
type of use if its existence should be permitted by state law.
28. Toy stores.
29. Upholstery shops - furniture.
30. Variety stores without size limitation.
22.3 ACCESSORY USES -In addition to those accessory uses specifically authorized in Section
34 of this ordinance,any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
22.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council
following a recommendation from the Planning and Zoning Commission as specifically
authorized in Section 45 of this ordinance, subject to full and complete compliance with any
and all conditions required in Section 45, together with any other conditions as the City
Council may impose. Any use accessory to an approved specific use permit shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-C.)
22.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations
shall be applicable (As amended by Ordinance No. 480-HH.):
a. Height: No building or structure shall exceed three (3) stories nor shall it exceed
thirty-five (35) feet in height.
b. Front Yard: There shall be a front yard of not less than thirty (30) feet.
c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided,
however,where a C-3 zoned lot abuts on the side of property zoned as single family
residential,each portion of a building in excess of fifteen(15)feet in height shall be
set back one (1) additional foot for each additional one (1) foot in height.
Zero lot line development may be permitted on a common interior lot line where
construction of a party wall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized,the equivalent open space and plantings(normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
L,
22-3
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses. (As amended by Ordinance No. 480-U.)
d. Rear Yard: There shall be a rear yard of not less than ten (10)feet except where the
lot abuts property zoned as single-family residential there shall be a rear yard of not
less than twenty-five (25) feet.
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fifty(50)percent of the lot area. (As amended by Ordinance
No. 480-BB).
f. Floor Area: Each store, shop or business shall have a minimum of five hundred
(500) square feet of floor area, but t The minimum size for a separate building or
structure existing within this district shall be two thousand (2,000) square feet.
There is no maximum floor space,except as specified herein under other provisions
of this ordinance.
g. All commercial uses within this district shall be sales and/or service type uses selling
new merchandise only.
h. All exterior lighting designed for security, illumination,parking lot illumination or
advertising and which is placed within this zoning district shall meet the
requirements of the current lighting ordinance, as amended. (As amended by
Ordinance No. 480-GG.)
i. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be
totally encircled or screened by fence,planting or other suitable visual barrier.
j. Off-street vehicle parking spaces may be located within the required front yard of
any retail, office or industrial district;however, such off-street parking spaces shall
be on a hard surfaced drive or parking area.
k. Maximum Impervious Coverage: The maximum impervious coverage shall not
exceed seventy-five(75%)percent of the total lot area. (As amended by Ordinance
No. 480-JJ).
22.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
PROPERTY- In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43, Part III, Residential Adjacency Standards, shall
also apply.When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
22-4
22.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to the
issuance of a building permit for any construction in the C-3 district. (As amended by
Ordinance No. 480-M.)
22.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of
Adjustment as specifically authorized in Section 44 of this ordinance subject to full and
complete compliance with any and all conditions required in Section 44, together with any
other conditions as the Board of Adjustment may impose.Any use accessory to an approved
special exception use shall be permitted without specific approval if it complies with the
conditions for an accessory use as defined in this ordinance.(As amended by Ordinance No.
480-M.)
(11101
22-5
SECTION 23
C-4 ARTERIAL MALL COMMERCIAL DISTRICT
23.1 PURPOSE AND INTENT - This is a high intensity general commercial zoning district
reserved for site specific areas of the community. It is intended for use on large tracts
directly adjacent to arterial thoroughfares or arterial intersections. It is specifically
envisioned to handle a mixture of commercial and office uses within a planned, unified
development concept. The service area of this type of development exceeds the boundaries
of the City and is essentially regional or sub-regional in nature. The unique characteristics of
this development are its high concentration of activity requiring extensive planning and
engineering for ingress and egress to the development site coupled with the need for
extensive off-street parking,loading and maneuvering areas. These sites are not designed to
be located contiguous to residentially zoned properties and should be located in such a
manner as to preclude the necessity to transit through residentially zoned areas to reach these
sites. The arterial mall zoning classification will have a number of environmental
dysfunctions relating to surrounding development and must be carefully planned and placed.
Developments within the arterial mall district are planned and constructed as complete units
on large tracts.
23.2 PERMITTED USES
1. Any use permitted in the C-3 General Commercial District.
2. Inter-related commercial developments such as indoor or outdoor shopping malls of
a community-wide, subregional or regional service capability.
3. Any comparable commercial land use compatible with traditional mall land and not
having negative impact on surrounding properties. Each such use must be approved
by the City Council when site plan approved.
23.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section
34 of this ordinance,any use may be established as an accessory use to a permitted use when
it complies with the conditions for an accessory use as defined in this ordinance.
23.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council
following a recommendation from the Planning and Zoning Commission as specifically
authorized in Section 45 of this ordinance,subject to full and complete compliance with any
and all conditions required in Section 45, together with any other conditions as the City
Council may impose. Any use accessory to an approved specific use permit shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-C.)
23.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations
thtir shall be applicable (As amended by Ordinance No. 480-HH.):
23-1
a. Height: No building or structure shall exceed six (6) stories, nor shall it exceed
ninety (90) feet.
b. Front Yard: There shall be a front yard of not less than thirty(30)feet. (As amended
by Ordinance No. 480-C.)
c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided,
however,where a C-4 zoned lot abuts on the side of property zoned as single family
residential, each portion of a building in excess of fifteen(15)feet in height shall be
set back one (1) additional foot for each additional one (1) foot in height. (As
amended by Ordinance No. 480-C.)
Zero lot line development may be permitted on a common interior lot line where
construction of a party wall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized,the equivalent open space and plantings(normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses. (As amended by Ordinance No. 480-U.)
d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the
lot abuts property zoned as single-family residential there shall be a rear yard of not
less than twenty-five (25) feet. (As amended by Ordinance No. 480-C.)
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding sixty(60)percent of the lot area. (As amended by Ordinance
No. 480-C.)
f. Floor Area: h^ r b, l f f a s
(500) square feet of floor area, but t The minimum size for a separate building or
structure existing within this district shall be two thousand (2,000) square feet.
There is no maximum floor space,except as specified herein under other provisions
of this ordinance. (As amended by Ordinance No. 480-C.)
g. All uses within this District shall be of a retail,service or office character. A mixture
of uses may be undertaken provided they occur within a unified development project.
h. All exterior lighting designed for security, illumination, parking lot illumination or
advertising and which is placed within this zoning district shall meet the
requirements of the current lighting ordinance, as amended. (As amended by
Lie Ordinance No. 480-GG.)
23-2
(yr i. All tracts carrying a C-4 zoning designation shall be a minimum of twenty(20)acres
in size.
j. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be
totally encircled or screened by fence, planting or other suitable visual barrier.
k. If development within this district is configured as a pedestrian mall,either indoor or
outdoor, sales from small stand-alone booths, kiosks, stands, carts or other display
devices shall be permitted within the pedestrian walking areas of the mall. This
zoning district is intended to permit the aggregation of a wide array of retail
marketing activities to include arts and crafts. Sidewalk or interior mall displays and
sales of these types of products and activities is permitted and encouraged.
1. If development within this district is configured as a pedestrian mall,the location of
sidewalk-type cafes shall be permitted within this district in pedestrian walkways.
m. Off-street vehicle parking spaces may be located within the required front yard of
any retail, office or industrial district;however, such off-street parking spaces shall
be on a hard surfaced drive or parking area.
n. Maximum Impervious Coverage: The maximum impervious coverage shall not
Cy, exceed seventy-five percent(75%) of the total lot area. (As amended by Ordinance
No. 480-JJ.)
23.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL
PROPERTY- In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43,Part III,Residential Adjacency Standards, shall
also apply.When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
23.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to
the issuance of a building permit for any construction in the C-4 district. (As amended by
Ordinance No. 480-M.)
23.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of
Adjustment as specifically authorized in Section 44 of this ordinance subject to full and
complete compliance with any and all conditions required in Section 44, together with any
other conditions as the Board of Adjustment may impose.Any use accessory to an approved
special exception use shall be permitted without specific approval if it complies with the
conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No.
480-M.)
23-3
PROPOSED CHANGES
TO THE ZONING
ORDINANCE-SECTION
c, 45-SPECIFIC USE
PERMITS
c.
SECTION 45
SPECIFIC USE PERMITS
(As amended by Ordinance No. 480-QQ & 480-SS)
45.1 GENERAL PROVISIONS -The uses listed in this section are prohibited in the City of Southlake
unless and until a specific use permit is granted for such use by the City Council in accordance with
the requirements and procedures set forth in this Section. A specific use permit shall be required for
the following uses (as amended by Ordinance No. 480-D):
SPECIFIC USE DISTRICT WHERE
PERMITTED
1. Sale of alcoholic beverages. 0-2,C-1,C-2,C-3,
C-4,HC,S-P-1,
S-P-2,PUD,DT**
2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL
education,subject to the following conditions:
a. The City Council shall impose such reasonable conditions as it deems necessary to protect
the residential neighborhoods,in so far as practicable,from the detrimental effects ofnoise,
traffic, fire, etc. and to protect the character of the neighborhood and the value of
surrounding properties;
b. In granting or denying such application,the City Council shall consider such items as the
total land area to be devoted to the religious use,the size of the church structures and the
congregation, the frequency of church services, other activities which take place on the
premises,and the suitability of the property for residential use.
The City Council shall consider all effects of such a facility,both beneficial and detrimental,
and shall deny such application when the detrimental effects substantially outweigh the
beneficial effects.
c. Children's nurseries,child day care centers,and kindergartens may be approved as a part of
the main or accessory religious building provided exterior instructional or play areas are
suitably fenced from any adjacent street,parking area or property.
d. The City Council may,where deemed appropriate,place a specific time limitation on the
approval of a permit for a church. (As amended by Ord.480-F.)
3. Public, semi-public and parochial/private schools, not including correctional institutions or All except B-1,CS,
trade schools. HC,I-1 and I-2
4. Colleges,junior colleges, or other similar institutions of higher learning, whether public or All except CS,I-1 and
private,when located on a site of at least twenty(20)acres,and provided such facilities have I-2
direct access to a major thoroughfare street or highway and further provided that buildings and
intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all
property lines.
**Shall apply only to non-residential uses and mixed use buildings in the DT District
45-1
5. Public governmental buildings including community health centers and recreation buildings, ALL
libraries,museums,postal stations,and administrative offices of federal or state government.
6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and CS,C-1,C-2,DT**
supportive retail and personal services used, operated by or under the control of the hospital
primarily for the convenience of patients,staff and visitors when located on a site of not less
than five(5)acres.
7. Cemetery Uses. CS
a. Application. An application for a cemetery use must be in writing and shall include:
(1) Name and address of applicant.
(2) Location and legal description of proposed cemetery land.
(3) Complete plan in conformity with the requirements of Development Plan herein
provided.
(4) Preliminary specifications of all buildings,improvements,utility installations and other
facilities to be constructed on or under the land proposed for zoning change.
(5) Such further reasonable information as may be required by the City Council.
b. Development Plan-The cemetery shall conform to the following minimum requirements:
(1) It shall be located on a well drained site,properly graded to insure rapid draining and
freedom from stagnant pools of water.
(2) All walkways and driveways within a cemetery shall be all weather,hard-surfaced.
(3) When a public or community sewer system is available, sewer connections shall be
installed as required by the local plumbing code. If the cemetery is not to be served
immediately by a sewage collection system connected to a community treatment plant
or to a public sewage facility, the occupancy of any building, residence or other
structure shall be restricted until a septic tank and subsurface drainage field designed
and constructed in accordance with methods and standards approved by the State
Department of Health and the local plumbing code have been installed,inspected and
approved by the City.
If the permitted use is not to be served immediately by a water utility,occupancy shall
be prohibited until water satisfactory for human consumption is available from a source
on the land,or a public utility source,in adequate and sufficient supply for human use
and operation of a septic tank and system. Individual water supplies must be in
conformity to the local plumbing code.
(4) All cemeteries must qualify and be maintained as a perpetual care center as provided in
Article 912a,Revised Civil Statutes of Texas,as amended, and any other applicable
state laws.
(5) The cemetery must comply with all building codes, including but not limited to
plumbing,electrical,street,and general codes of the City of Southlake,Texas,or other
applicable governmental authority.
(6) All use of the surface land or underground,or buildings or structures of any type shall
comply with all applicable City,County,State,Federal or other governmental agency
requirements as to health,sanitation,ventilation,pollution and associated matters.
**Shall apply only to non-residential uses and mixed use buildings in the DT District
tir
45-2
c. Location-Any cemetery,or any portion of land designated for the use thereof,shall comply
with the following minimum requirements as to location:
(1) It shall conform to distance requirements of912a-24,Revised Civil Statutes of Texas,
as amended,and such minimum distances shall be measured from the nearest city limit
point of any city or cities(other than the City of Southlake,Texas)to the boundary of
said cemetery land nearest to the city limit of the other city by direct line measurement.
(2) It shall be located not less than five hundred(500)feet from any residence or structure
used for living purposes or any well,creek,lake,tank,reservoir or pond,or other such
water source or place of storage,passage,or drainage.
d. Parking-All parking shall be off-street parking with an all-weather surface located in the
rear or side yard next to buildings. There shall be one(1)parking space for each four(4)
seats in any assembly portion of any building or structure.
e. Screening and Fencing
(1) All land actually used for buildings and/or burial spaces shall be completely enclosed in
a fence with gates capable of being locked to prevent trespassers from entering said
premises.
(2) Any additional fencing,screening,walls,landscaping,or ornamental planting shall be
installed if deemed necessary by the City Council in relation to the property itself or in
relation to any adjoining property.
8. Community centers and service clubs dedicated to social or recreational activities serving the AG,RE,SF-1A,SF-
(1600 City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty(30) 1B,SF-30, SF-20A,
feet from all side and rear property lines and forty(40) feet from any street line. The total SF-20B,MH,MF-1
ground floor area of all such buildings and structures shall not cover more than twenty-five(25) and MF-2
percent of the site area devoted to such facilities and activities.
9. Public, semi-public and private golf courses together with related clubhouse, pro-shop and AG,I-2
maintenance/storage buildings,provided no building is closer than one hundred(100)feet from
any adjoining side or rear property lines or closer than fifty(50)feet to a public street right-of-
way line.
10. Golf driving range. AG,C-3,C-4,I-1,I-2
11. Outdoor entertainment centers(including ball parks,miniature golf courses,golf driving ranges, C-3,C4,B-2,I-1,I-2,
batting cages,carnivals,archery ranges and similar uses). DT**
12. Athletic stadiums,public or private,when located adjacent to a thoroughfare or collector street. AG,RE, SF-1 A,SF-
1B,SF-30,SF-20A,
SF-20B,MF-1 and
MF-2
13. Studios designed for the practice,education or training in art,dance,music,drama,photo,or C-1
interior design.
** Shall apply only to non-residential uses and mixed use buildings in the DT District
45-3
14. The location of day nurseries or similar child care activities,if said activity is clearly designed C-1
to support neighborhood requirements in the residential areas lying in close proximity to the
specific use site.
15. (Deleted by Ordinance No.480 Z.)
4615. Kennels C-3,C-4,B-2,I-1
4-7,16. Veterinary clinics for large animal care, to include such restrictions as the City Council I-1,I-2
deems necessary for protecting adjacent properties from negative environmental impacts.
4-8 17. Equestrian riding stables,tack rooms,show rings,and rodeo grounds,either private or when AG,I-2
operated as a business,provided adequate measures are employed to prevent health hazards to
humans or animals,and adequate controls are used so as not to create offensive nuisances or
odors.
49 18. Dude ranches catering to temporary guests housed on the premises. AG
20 19. Private airfields and aircraft landing area. CS,AG,C-3
24-20. Airports,aviation field or aircraft landing areas. C-3
22 21. Helistop. CS,HC,0-1,0-2,I-1,
I-2,B-2
23,22. Sales and service of new automobiles,trucks,or motorhomes. C-4,I-1
24.23. Sales and service of used automobiles,trucks,or motorhomes. I-1
25 24. Temporary concrete batching or transient mix plant exceeding 90-day approval plus one ALL
30-day extension.(As amended by Ord.No.480-J) PLOT PLAN
REQUIRED
26,25. Petroleum Operations. The City Council may grant this use as a specific use permit, I-2
subject to compliance with the following provisions: SITE PLAN
REQUIRED
a. In granting or denying a use in this category,the City Council must bear in mind that these
sites are not to be located contiguous to residentially zoned properties and should be
located in such a manner as to preclude the necessity to travel through residentially zoned
areas to reach these sites. Petroleum operations should never be placed in an
environmentally sensitive area and should be allocated only to those areas appropriately
supported by public utility infrastructure and major arterial thoroughfares. Environmental
impacts of this use should be carefully considered in determining whether to grant or deny
an application.
b. The City Council may permit the following uses within this category.
(1) On-site storage of petroleum products.
(2) Pipe line transfer or servicing operations relating to the delivery of petroleum based
products.
(3) Petroleum distribution points of a wholesale nature designed to allow the loading or
off-loading of truck facilities in a non-retail setting.
(4) Petroleum blending operations.
(5) Any or all other petroleum related uses which in the opinion of the City Council
appear to be in character with the permitted uses for this district.
45-4
c. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is
submitted to,and approved by,the City Council.(As amended by Ordinance No.480-M.)
27. (Deleted by Ordinance No.480 LL.) CS,C 1,C 2,C 3,C
4,B 1, B2,I1,I2,
SP 1,SP2,HC,
P44B
I 1,I 2
stefage3-efgy-whea-seeh-eutdeer-sterageebuts-a-let-er-4Faet-zeiled-AG-rand-eHkt when-There-is
C 'l h t 't. te Sectio 38 Sc- n_ - _ _ __'__ _ _h
o .
3-1 26. The City Council may authorize the establishment of retail operations in an amount 0-1,0-2,I-1
exceeding fifteen (15)percent of the net square footage of any one office structure if said
increase is the consolidation of retail space from a number of different office structures under
common ownership for the purpose of achieving efficiency of use and cost economies. An
example of this use would be found in a business park which might contain five separate office
structures. A cafeteria or food service establishment to service all five structures might be
located in one central structure under the common control, direction or plan of a common
ownership and management group.
The City Council shall be authorized to grant specific use permits to allow the consolidation of
the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent
maximum usage for retail sales limitation shall be maintained throughout an overall common
project.
32,27. Residential Lofts and Live/Work units: The City Council may permit the construction of C-3,DT**
residential units if they are constructed as a portion of a mixed use development within a single
structure. This specific provision is designed and intended to allow the construction of studio
or loft-type apartments or condominium living units on the floor or floors above office and
retail-type activities situated on a ground floor.
33.28. A residential unit(s)for the exclusive use of an employee or employees of the principal use, B-2,I-1
placed upon the site when such employee(s)will be fulfilling the duties of night watchman or
caretaker for the site. In approving the construction of a residential unit under this provision,
the City Council may establish such terms and conditions as it deems necessary to protect the
interest of the community at large, the business applicant and the future occupant of the
residential structure.
36 29. Recreational campsite or campground(As amended by Ord.480-I.) AG
**Shall apply only to non-residential uses and mixed use buildings in the DT District.
45-5
3 31. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480- C-3
R) SITE PLAN
a. Sanitary sewer service must be available to the site; REQUIRED
b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in
order to ensure proper traffic circulation.
c. A minimum of one parking space must be provided for each two hundred(200)square feet
of total floor area of all buildings with two-thirds (2/3) of the minimum spaces being
tandem spaces for cars awaiting washing or vacuuming.
d.The wash bay and vacuum/gasoline pump areas must be forty-five(45)degrees offparallel to
the adjoining thoroughfare.
3-32. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), ALL
subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by
Ordinance No.480-W.)
39,33. Personal care facilities,are encouraged to be located within walking distance of shopping ALL,except AG,RE,
areas,medical offices,civic centers,public parks,religious facilities,and other related facilities SF-1 A,SF-1B,SF-30,
or may be located in transitional areas adjacent to low and medium density residential SF-20A.,SF-20B
developments when compatible and shall be subject to the requirements set forth in Section
45.9 of this ordinance. (As amended by Ordinance No.480-Y.)
40,34.Gasoline service station when operated with or without convenience store, car wash, and C-3
other related ancillary uses, subject to the requirements set forth in Section 45.10 of this
ordinance.(As amended by Ordinance No.480-Z.)
4I-35.Carports for non-residential property,subject to the requirements set forth in Section 45.112 CS,0-1,B-1,B-2,I-
of this ordinance. (As amended by Ordinance No.480-II.) 1,I-2,and S-P-1,S-P-
2 and PUD districts
with CS,0-1,B-1,B-
2,I-1,and I-2 uses.
SITE PLAN
REQUIRED
42.36.Multi-level parking garages for non-residential property,subject to the requirements set forth CS,0-1,0-2,C-1,C-
in Section 45.11 of this ordinance. (As amended by Ordinance No.480-H.) 2,C-3, C-4,HC,B-1,
B-2,I-1,I-2,S-P-1,S-
P-2,DT**and PUD
437.Single-family(attached and detached)residential DT
38. Mass Gathering Event when not permitted as an accessory use in accordance with Section ALL
34,subject to the requirements set forth in Section 45.15 of this ordinance.
45-38.Funeral Homes and Services. DT**
46:.39. Farmer's markets. DT**
c
45-6
CS,Cl,C2,C3,C4, I-
47.40.Outdoor sales or services,subject to the requirements set forth in Section 45.12 of this 1, 1-2,B-1,B-2,HC
ordinance.
CS,Cl,C2,C3,C4,I-
4&41.Donation bins,subject to the requirements of Section 45.13. 1,I-2, B-1,B-2,HC,
DT**
42.Tents for the purpose of promoting retail sales for a period not exceeding twenty-three(23)days. CS,C-1,C-2,C-3,C-
Tents shall be constructed in accordance with the provisions of the Uniform Fire Code,Article 32,as 4,B-1,B-2, I-1,I-2,
amended.A permit may be issued for a tent only as an accessory use.The activity shall also meet the S-P-1, S-P-2,NR-
development regulations of the zoning district in which it is located. No more than two specific use PUD, DT**
permits for tents for a lot may be issued in any one year period, with a sixty (60) day separation
between events. The location of the tent shall not reduce the minimum parking requirements or
effectiveness of landscaped areas within the site.
** Shall apply only to non-residential uses and mixed use buildings in the DT District.
45.2 CONCEPT PLAN-Unless otherwise provided in Subsection 45.1 above,an approved concept plan
shall be a prerequisite to the approval of a specific use permit. Information required to be
submitted,approval of the concept plan, and any administrative action shall be in accordance with
Section 41 of this ordinance to the extent such requirements are applicable. (As amended by
Ordinance No. 480-D.)
45.3 HEARING AND PROCEDURE - A specific use permit may only be granted following a public
hearing before the Planning and Zoning Commission and the City Council in accordance with the
fir+ same notice and hearing requirements as for zoning changes as set forth in Section 46 of this
ordinance.
45.4 GENERAL REQUIREMENTS
a. Any use permitted hereunder shall meet the minimum requirements provided in the district in
which it is located.
b. A specific use permit shall automatically expire if a building permit is not issued and
construction begun within six(6)months of the granting of the specific use permit or if the use
shall cease for a period of six (6)months.
c. An application for a specific use permit will not be submitted to the Planning and Zoning
Commission and City Council until the Director determines the application is complete.
d. In granting an application for a specific use permit, the City Council may establish such
conditions as will protect the public health,safety and welfare,and may limit the duration of the
permitted use.
45.5 FACTORS TO BE CONSIDERED-In granting or denying an application for a specific use permit,
45-7
the City Council shall take into consideration the following factors:
a. Safety of the motoring public and of pedestrians using the facility and the area immediately
surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights
on established character of the neighborhood.
e. Location,lighting and type of signs;and relation of signs to traffic control and adverse effect on
adjacent properties.
f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated
by the proposed use around the site and in the immediate neighborhood.
g. Adequacy of parking, as determined by requirements of this chapter for off-street parking
facilities for similar uses;location of ingress and egress points for parking and off-street loading
spaces; and protection of the public health by all weather surfacing on all parking areas to
control dust.
Cry h. Such other measures as will secure and protect the public health, safety, morals and general
welfare.
45.6 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES
a. For any business which derives more than seventy-five(75)percent of its gross revenues from
the on-premises sale of alcoholic beverages, the City Council may require more stringent
standards, as it deems necessary to adequately protect adjacent properties.
b. No alcoholic beverage use shall be located within three hundred (300) feet of a church,public
school or public hospital. Such measurement shall be made in accordance with the requirements
set forth in Section 109.33 of the Texas Alcoholic Beverage Code.
45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS (This entire section was deleted in
Ordinance No. 480-J.)
45.8 SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS,ANTENNAS,AND
ANCILLARY BUILDINGS (This entire section was added by Ordinance No. 480-W.)
a. Objectives
The purpose of this section is to establish general guidelines for the location of
telecommunications towers and antennas. The City of Southlake recognizes today's rapidly
45-8
changing technological environment and realizes the public's increasing acceptance of and
demand for superior personal wireless communication services and with the adoption of this
ordinance, the city's objectives are to:
1) encourage the location of towers in non-residential areas and minimize the total number,
height, and obtrusiveness of towers and antennas throughout the community;
2) encourage strongly the joint use of new and existing tower sites through co-location;
3) encourage users of towers and antennas to locate them,to the extent possible,in areas where
the adverse impact on the community is minimal (e.g.,pre-existing buildings or structures
such as water towers,church steeples,bell towers,clock towers, and lighting stanchions or
on municipal-owned properties and facilities) to camouflage or conceal the presence of
antennas or towers;
4) encourage users of towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas; and
5) enhance the ability of the providers of telecommunications services to provide such services
to the community quickly, effectively, and efficiently.
b. Information Required on Concept Plan
Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this
ordinance, a scaled elevation view, a propagation map, and other supporting drawings,
calculations,and other documentation,signed and sealed by appropriate licensed professionals,
showing the location and dimensions of all proposed improvements, including information
(1„., concerning topography,proposed tower height,setbacks,drives,parking,fencing,landscaping,
screening, adjacent uses, and other information deemed by the city to be necessary to assess
compliance with this ordinance.
c. Ordinance Exemption
Antennas mounted on existing city water towers shall be exempt from the requirements of this
ordinance,provided a license or lease authorizing such antenna has been approved by the City
Council. All other antennas or towers, located on property owned, leased, or otherwise
controlled by the City Council of the City of Southlake shall be subject to the requirements
herein.
d. Development Standards
Certain regulations may be set aside if the requirement effectively denies competition.
1) Inventory of Existing Sites
Each applicant for an antenna and/or tower shall provide an inventory of its existing towers
that are either within the jurisdiction of the city or within one-quarter mile of the border,
including specific information about the location,height,and design of each tower. The city
may share such information with other applicants applying for approvals under this
ordinance or with other organizations seeking to locate antennas within the city jurisdiction,
provided;however,that the city is not,by sharing such information,in any way representing
45-9
ter or warranting that such sites are available or suitable.
2) Co-location and Availability of Suitable Existing Towers and Other Structures
a) No new tower shall be permitted unless the applicant demonstrates to the city that no
existing tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure can accommodate
the applicant's proposed antenna may consist of any of the following:
i) No existing towers or structures are located within the geographic area required to
meet applicant's engineering requirements.
ii) Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
iii) Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
iv) The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures,or the antenna on the existing towers or
structures would cause interference with the applicant's proposed antenna.
v) The fees,costs,or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
vi) The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
b) A telecommunication tower must be 1) used by two or more wireless
telecommunications providers;or 2)designed and built so as to be capable of use by two
or more wireless telecommunications providers and the owner of the antenna must
certify to the City that the tower is available for use by another wireless
telecommunications provider on a reasonable and non-discriminatory basis.
3) Aesthetics and Lighting
a) All towers shall be of monopole construction, unless another tower can be shown to
cause less visual impact on surrounding property than a similar monopole structure.
b) Towers shall be maintained with either a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
c) Highly reflective surfaces shall not be permitted.No glare shall be emitted to adjacent
properties.
d) All exterior wires and/or cables necessary for operation of the antenna shall be placed
underground, whenever practicable, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
e) No permanent lighting is allowed on towers except as required by the FCC or the FAA
(i.e.,red lights by night/white strobe lighting during the day).
f) Any temporary lighting shall be oriented inward so as not to project onto surrounding
residential property.
45-10
Cor
4) Federal Requirements (FAA, FCC, ANSI)
a) All towers shall meet or exceed current standards and regulations of the FAA,the FCC,
and any other agency of the federal or state government with the authority to regulate
towers and antennas. If such standards and regulations are changed,then the owners of
the towers and antennas governed by this ordinance shall bring such towers and antennas
into compliance with such revised standards and regulations within six(6)months of the
effective date of such standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling federal agency. Failure to bring towers and
antennas into compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
b) Applicants shall provide the city with certification of compliance with ANSI and IEEE
Standards regarding human exposure to non-ionizing electromagnetic radiation
("NIER").
c) For a site being proposed in a floodplain, the applicant shall provide the city with
certification from the FCC of Environmental Assessment("EA") approval.
d) For antennas,towers and/or supporting structures which are to be located in residential
neighborhoods and that are to be equipped with high intensity white lights,the applicant
shall provide the city with certification from the FCC of EA approval.
5) Building Codes; Safety Standards
a) After receiving the appropriate zoning approval, no tower, antenna, or other
appurtenance shall be installed without first obtaining a building permit issued by the
Building Official.
b) To ensure the structural integrity of towers, the owner of a tower shall ensure that the
tower is constructed and maintained in compliance with standards contained in
applicable local building codes ("Uniform Building Codes, UBC") and applicable
standards for towers,published by the Electronics Industries Association Standard 222,
("EIA-222") "Structural Standards for Steel Antenna towers and Antenna Support
Structures."
c) A tower inspection report(based upon applicable UBC and EIA-222 standards)shall be
prepared by an engineer licensed in the state of Texas and filed with the Building
Official in accordance to the following schedule: a)monopoles--at least once every ten
(10)years;b)lattice towers--at least once every(5)years; and c)guyed towers--at least
once every three(3) years. However, the Building Official may require an immediate
inspection should an issue of safety be raised.
d) If, upon inspection, the tower fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the
owner of the tower, the owner shall have thirty (30) days to bring such tower into
compliance with such standards, unless the applicant can demonstrate a hardship and
thus establish the need for additional time. If the owner fails to bring such tower into
compliance within said thirty(30)days,the city shall remove such tower at the owner's
expense.
45-11
6) Height
The requirements set forth below shall govern the location of towers that exceed, and
antennas that are installed at a height in excess of, the height limitations specified for the
underlying zoning district in which the tower and/or antenna is proposed.
a) Mounted Antennas
i) Roof-mounted, non-whip type, telecommunications antennas shall not exceed the
height of the building by more than twelve (12) feet and may be required to be
screened from view from any adjacent public roadway.
ii) Roof-mounted,whip-type,telecommunications antennas shall not exceed the height
of the building by more than fifteen(15) feet and shall be located no closer than 15
feet to the perimeter of the building.
iii) Building-mounted,non-whip type,telecommunications antennas shall be mounted
flush with the exterior of the building so that the antennas project no more than
twenty-four(24)inches from the surface of the building to which it is attached,that
a minimum clearance distance of fifteen(15)feet is maintained from the ground to
the lowest element of the antenna and that the antenna shall be of a texture and color
so as to blend with the surrounding surface of the building.
iv) Utility structure-mounted antennas shall not exceed more than twelve(12)feet the
maximum height of the utility structure. These utility structures shall include:
electric power transmission structures, light stanchions, and other like structures.
b) Freestanding Towers
i) For freestanding towers, structurally designed to accommodate shared users, the
following height and usage criteria shall apply:
• for two users,up to one-hundred-twenty(120) feet in height;
• for three users,up to one-hundred-fifty(150) feet in height.
ii) Monopole Installation
The maximum diameter of a monopole tower at the base shall not exceed forty-eight
(48") inches. No microwave dish or similar device shall be mounted on the pole
portion of a monopole telecommunications tower. The platform portion of a
monopole telecommunications tower shall not have a horizontal cross section area
greater than 196 square feet. The depth of the platform shall not exceed 4 feet,
excluding any whip antenna. Only antennas that are part of a telecommunications
system authorized by the FCC shall be permitted on a platform.
7) Setbacks
a) Towers shall be a minimum of 200'or 2:1 distance to height ratio,whichever is greater,
from the property line of properties used for residential purposes.
b) Mounted antennas attached to existing structures (e.g., bell towers, church steeples,
stadium lighting,electrical transmission towers,clock towers,and similar structures)are
exempt from the minimum residential setback and distance/height ratio regulations.
c) Towers shall be located in such a manner that if the structure should fall along its
longest dimension, it will remain within property boundaries and avoid habitable
45-12
structures,public streets, utility lines and other telecommunication towers.
d) All guys and guy anchors shall be set back a minimum of 20 feet from any property line.
e) No tower shall be located in front of the building facade facing any street,or be located
within any required setback.
8) Landscaping and Screening
The following requirements shall govern the landscaping surrounding towers;however, in
locations where the visual impact of the tower would be minimal, the landscaping
requirement may be reduced.
a) Existing mature tree growth and natural land forms on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.Mitigation of any
tree removal shall be in accordance to the Tree Preservation Ordinance, as amended.
b) Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be
enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron
fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of
plant materials that effectively screens the view of the tower compound from any public
roadway or any property used for a residential purpose. Any fence constructed in
accordance with this section shall provide a knox box or other entry device for public
safety access per the requirements of the Fire Marshal.
c) Where abutting residentially used land, residentially zoned property, public land or
public streets,or land designated as low or medium density residential on the city's Land
Use Plan,the applicant shall provide a screening plan showing the existing tree coverage
of the impacted area and the placement of plantings as required in a"F2"bufferyard(as
a minimum) as described in Section 42 of this ordinance.
9) Principal or Accessory Use
a) Antennas and towers may be considered either principal or accessory uses. A different
existing user or an existing structure on the same lot shall not preclude the installation of
an antenna or tower on such lot. Towers that are constructed and antennas that are
installed in accordance with the provisions of this ordinance shall not be deemed to
constitute the expansion of a nonconforming use or structure.
b) Equipment structures shall be of minimum size to house transmitting/receiving
equipment and shall not be utilized for offices,vehicle storage,or for any other use other
than for transmitting and receiving transmissions. No outside storage shall be permitted
on the site.
c) At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, and textures that will comply with the materials
permitted by the underlying zoning district and shall blend with the natural setting and
any existing structures on the site,or the equipment building shall be contained entirely
within a main building on the property, or the equipment building shall be housed in an
underground vault.
d) The necessary equipment building shall not exceed 10 feet in height (measured from
45-13
grade) nor 180 square feet in total area.
e) No more than three(3) separate equipment buildings shall be located on a single lot.
10) Maintenance and Parking
a) Equipment shall be automated to the greatest extent possible to reduce traffic and
congestion.
b) Providers shall anticipate the maintenance needs of landscaping,sprinkler systems,and
access roads.
c) All structures shall be maintained free from graffiti.
d) One(1) all weather surface parking space shall be provided on each site. The required
parking space need not be reserved exclusively for use by the antenna installation and
maybe one of the spaces provided for the principal use on the property. No off-street
loading space shall be required.
11) Other Conditions of Approval
a) Documentation of FAA approval shall be provided when towers are near public airports
or flight paths.
b) The applicant shall provide the city with a certificate of insurance, issued by an
insurance company licensed to do business in the state of Texas indicating that the
applicant carries comprehensive general liability insurance with limits of liability
thereunder of not less than: bodily injury: $500,000 for injury to any one person and
$1,000,000 for all injuries sustained by more than one person in any occurrence;
property damage: $1,000,000 for damage as a result of any one accident. The applicant
shall provide the city with a renewal certificate within then(10)business days of each
renewal. Any insurance required to be provided by the applicant herein maybe provided
by a blanket insurance policy covering this property and other locations occupied by the
applicant, provided such blanket insurance policy complies with all of the other
requirements as to the type and amount of insurance required. The applicant may also
fulfill the requirements under this section through a program of self-insurance,subject to
approval by the city,which approval shall not be unreasonably withheld. If the applicant
elects to self-insure, then the applicant shall furnish the city with a letter stating that
there is a self-insurance program in effect that provides for the same, or greater,
coverage than required of the applicant herein. The applicant agrees to furnish the city
with certificate of insurance certifying that the applicant has in force and effect the
above specified insurance. The certificate and renewal certificates shall provide that
insurance shall not be canceled or changed unless 30 days' prior written notice is just
given to the city.
c) Each backhaul provider shall be identified and have all necessary franchises,permits,
and certificates. The identity of other providers who co-locate to the site and their
backhaul providers shall be provided as well.
d) No lettering, symbols,images,or trademarks large enough to be legible to occupants of
vehicular traffic on any adjacent roadway shall be placed on,or affixed to, any part of a
telecommunications tower, platform, antenna or ancillary structure.
•
(or
45-14
tor e) All construction shall comply with all ordinances of the city not in conflict with this
section.
f) In addition to the usual application fees for rezoning or specific use permit requests,the
applicant shall reimburse the city the actual cost of professional services,provided by an
engineer or other professional, that may be required to review the application and
provide expertise.
g) If high voltage is necessary, signs shall be posted every 20' on any exterior fencing
which state, "Danger--High Voltage." The operator shall also post "No Trespassing"
signs.
12) Abandonment
a) The owner of a tower and/or related telecommunications facilities shall notify the
Building Official when the tower or other structures have ceased operating as part of a
telecommunications system authorized by the FCC. Within six (6)months of the date
the tower ceases to operate as part of an authorized telecommunications system, the
tower must either be removed from the site, or a certificate of occupancy must be
obtained to allow another permitted use of the tower. If within six (6) months, the
owner fails to remove the tower or obtain proper authorization for the use of the tower,
the Building Official shall revoke the certificate of occupancy for the tower and notify
the city attorney to pursue enforcement remedies.
b) Tower owner(s) shall bear all demolition costs.
13) Interference
Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
14) Variances
At the time of review of any required Concept Plan,the City Council may grant variances to
the development standards set forth in this Section.
a) To receive a variance, the applicant must demonstrate the following:
i) A variance will reduce the impact of the project on surrounding residential
properties;
ii) Compliance with this ordinance would impair the architectural design or creativity
of the project; or
iii) A variance is necessary to assure compatibility with surrounding developed
properties.
b) In order to grant a variance,the City Council must determine that a literal enforcement
of the regulations will create an unnecessary hardship or a practical difficulty for the
applicant; that the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self imposed;that the variance will not injure
and will be wholly compatible with the use and permitted development of adjacent
properties; and that the granting of the variance will be in harmony with the spirit and
purpose of this ordinance.
Cov
45-15
c) If a variance application is denied by the City Council, no other variance of like kind
relating to the same project or proposed project shall be considered or acted upon by the
City Council for a period of six (6) months subsequent to the denial.
45.9 SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES (This entire section was
added by Ordinance No. 480-Y.)
a. General Criteria
1) Approval of personal care facilities shall be based upon an analysis of the location,the site
layout and design features, the adequacy of water, sewer, and other public improvements
necessary to support the site, the assurance that the adjoining streets can handle higher
volumes of traffic during peak hours of traffic loading without a requirement to divert traffic
onto traditional residential streets and the compatibility of the construction with adjacent
land uses.
2) Personal care facilities shall meet all applicable city codes.
3) Personal care facilities shall meet the licensing requirements of the Texas Department of
Human Services.
b. Required Amenities
In an effort to maintain a comfortable lifestyle for the residents and for the convenience of the
employees and the residents' guests, the following amenities shall be required:
Cafeteria and/or dining room,housekeeping service; furnish or provide transportation to local
P
facilities that provide a library, game room, and exercise room.
c. Permitted Amenities
In an effort to enhance the residents' quality of life, certain other special facilities and services
for residents,employees and guests are encouraged(e.g,chapel,swimming pool,Jacuzzi,home
theater, arts and crafts facilities, greenhouse, and related uses).
d. Permitted Ancillary Uses
The following ancillary uses shall be permitted by right to provide on-site goods and services for
residents and their guests,but are not intended for use by the general public:
1) Snack bar;
2) Beauty or barber shop for resident use only;
3) Convenience retail shop to provide for the sale of food items,non-prescription drugs,small
household items, and gifts;
4) Pharmacy for resident use only;
5) Medical treatment services for resident use only (e.g., medical clinic, physical therapy
services inhalation therapy, and other related uses).
45-16
e. Concept Plan and Site Plan Required
Any applicant seeking approval for a personal care facility shall submit a Concept Plan which
meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40
of this ordinance, as amended. A Site Plan shall be approved by the City Council prior to
issuance of a building permit. All Concept Plans and Site Plans may only be approved by the
City Council after a recommendation by the Planning and Zoning Commission in accordance
with the same notice and hearing requirements for zoning changes as set forth in Section 46 of
this ordinance, as amended.
In addition to the requirements set forth above, the applicant shall also provide:
1) A letter describing the facility's services, amenities, and ancillary uses (e.g., level of daily
patient care,housekeeping,recreational,and support services available,and the percentage
of housing units by type and the site's gross density), the type of proposed building(s),
including the type of facade and the number of stories, and the proposed number of
occupants and service personnel;
2) A floor plan and list of intended uses and the percentage of total floor area that each use will
occupy.
f. Development Regulations
The following standards and regulations shall apply unless a more stringent standard is required
by the underlying zoning district or the Corridor Overlay Zone (in which case, the more
to, stringent regulation shall apply):
1) Height: When located within one hundred (100) feet of property zoned as single
family residential or designated as low or medium density residential on the
city's land use plan: No building or structure shall exceed one(1)story,nor
shall it exceed thirty-five(35) feet in height.
When located more than 100' from property zoned as single family
residential or designated as low or medium density residential on the city's
land use plan: Buildings and structures shall be governed by the height
regulations of the underlying zoning district.
2) Front Yard: There shall be a minimum front yard setback of not less than thirty(30)feet,
except where the lot abuts property zoned as single-family residential or
designated as low or medium density residential on the city's land use plan,
there shall be a minimum front yard setback of not less than forty(40)feet.
3) Side Yard: There shall be a minimum side yard setback of not less than thirty(30)feet,
except where the lot abuts property zoned as single-family residential or
designated as low or medium density residential on the city's land use plan,
there shall be a minimum side yard setback of not less than one hundred
45-17
(100) feet.
4) Rear Yard: There shall be a minimum rear yard setback of not less than forty(40) feet,
except where the lot abuts property zoned as single-family residential or
designated as low or medium density residential on the city's land use plan,
there shall be a minimum rear yard setback of not less than one hundred
(100) feet.
5) Maximum All buildings or structures shall have a maximum lot coverage not exceeding
Lot the lesser of the following: underlying zoning district regulation or fifty(50)
Coverage: percent of the lot area.
6) Lot Area: The minimum lot area shall be determined after an analysis of the location,
the site design, and the impact and compatibility with adjacent land uses.
7) Floor Area: Each housing unit shall have a minimum floor area based on the unit type:
a) 350 s.f. for efficiency unit
b) 450 s.f. for one-bedroom unit
c) 550 s.f. for two-bedroom unit
8) Maximum The maximum number of housing units per acre shall be twelve(12)
Density: provided at least twenty(20)percent of the lot area is devoted to open space.
Cir
9) Maximum The maximum impervious coverage shall be in accordance with the
Impervious underlying zoning district requirements. (As amended by Ordinance No.
Coverage: 480-BB.)
10)Bufferyards: Bufferyards shall be required in accordance with the underlying zoning
district and corridor overlay zone bufferyard requirements, if applicable.
11) Interior Interior landscaping shall be required in accordance with the current
Landscaping landscaping ordinance and corridor overlay zone requirements,if applicable.
Area:
12) Parking: Ten (10) spaces plus 1.5 spaces per each 3 beds.
g. Licensing
Every Personal Care Facility shall be licensed by the Texas Department of Human Services as
required by the Personal Care Facility Licensing Act, Section 247.021,Tex. Health and Safety
Code,V.T.C.A.
45.10 SPECIFIC REQUIREMENTS FOR GASOLINE SERVICE STATIONS WHEN OPERATED
WITH OR WITHOUT CONVENIENCE STORES, CAR WASHES, AND OTHER RELATED
45-18
Lir ANCILLARY USES (This entire section was added by Ordinance No. 480-Z.)
In addition to the Corridor Overlay Zone regulations and the underlying zoning district regulations,
gasoline service stations/filling stations (with or without a convenience store, car wash and other
related ancillary uses)shall meet the following requirements prior to issuance of a building permit:
(In the event that there are conflicting requirements, the more stringent regulations shall apply.)
a. General Criteria
1) All gasoline service stations on the F.M. 1709 corridor shall be located at signalized arterial
intersections as defined in the city's Master Thoroughfare Plan. This requirement is
designed to ensure that the supporting street infrastructure can handle higher volumes of
traffic during peak hours of traffic loading.
2) All gasoline service stations on the S.H. 114 and F.M. 1938 corridors may be located at
either intersection or mid-block.
b. Development Regulations
1) Residential Gasoline pumps,pump islands,canopies,or car washes,where adjacent
Adjacency: to property zoned as single-family residential or designated as low or
medium density residential on the city's land use plan, shall maintain a
minimum setback of at least one hundred twenty-five (125') feet.
The hours of any carwash operation may be limited when located
adjacent to residentially-zoned property.
No dumpster shall be placed within 50' of residentially zoned property
or designated as low or medium density residential on the city's land use
plan.
2) Lot Area: The minimum area of a lot shall be forty thousand(40,000) square feet,
but the Planning and Zoning Commission may recommend and the City
Council may require additional lot area to ensure proper internal traffic
circulation and appropriate stacking on site.
3) Building Gabled or Hipped Roof: All service station convenience stores, pump
Design: canopies and car washes shall be constructed with a gabled or hipped
roof with a minimum pitch of 4:12.
Articulation: Service station convenience stores shall meet the
articulation requirements of the Corridor Overlay Zone. Pump canopies
and freestanding car washes shall be exempted from the articulation
requirement.
45-19
Building Materials:All exterior facades of the convenience store,canopy
columns, and car wash shall be constructed of the same material.
Floor Area: The minimum floor area of a convenience store shall be
2,000 square feet with each lease space within the convenience store
building being a minimum of 500 square feet. Each freestanding car
wash or other ancillary building shall have a minimum floor area of 500
square feet.
4) Site Design: Lighting: A system to light the area of the gas pumps shall be provided.
Such lighting shall be designated to light the pump area adequately
without becoming an unnecessary nuisance to traffic or to owners of
nearby property.
Outside Commercial Display of Goods: Outside commercial display of
goods shall be prohibited.
Landscaping: Where parking is provided between the building setback
line and any public R.O.W., shrubs obtaining a mature height of three
feet(3')or greater must be planted at a minimum spacing of thirty inches
(30") on center continuous along all paved edges of the parking or
driving areas.
45.11 SPECIFIC REQUIREMENTS FOR CARPORTS AND MULTI-LEVEL PARKING GARAGES
FOR NON-RESIDENTIAL PROPERTY
In addition to the underlying zoning district regulations and any other applicable regulations,multi-
level parking garages and carports (collectively referred to as parking structures) shall meet the
requirements set forth herein prior to issuance of a building permit. In the event that there are
conflicting requirements,the more stringent regulations shall apply. (This entire section was added
by Ordinance No. 480-II.)
a. General Criteria
1) No parking structure shall be located closer to the front building line than the principal
structure on the property.
2) No parking structure shall encroach into a designated bufferyard.
3) Parking structures shall comply with any required setback for the principal buildings in the
underlying zoning district and the 4:1 slope line where applicable.
4) The footprint of parking structures shall be included when calculating maximum lot
coverage and maximum impervious coverage for any lot.
5) The footprint of parking structures shall be included when calculating the amount of
thr
45-20
landscape area required on the interior of a lot,according to the provisions of the landscape
ordinance, as amended.
6) A motor vehicle may be parked in a parking structure for no more than seventy-two (72)
consecutive hours.
b. Development Regulations for Non-Residential Carports
1) Height: Attached Carports: Carports attached to the principal structure shall not
exceed twenty(20)feet in height. The height of an attached carport shall
be measured from the finished grade to the highest point of the roof of
the carport.
Detached Carports: No detached carport shall exceed one story or
fourteen (14) feet in height. The height of a detached carport shall be
measured from the finished grade to the highest point of the roof.
b) Structure
Design: Roof: The roof of a detached carport shall be pitched and constructed
with the same materials as the roof of the principal building. The roof of
an attached carport shall be constructed in the same roof style and with
the same materials as the roof of the principal building.
Maximum Number of Spaces and Size: The maximum number of
spaces that may be covered by a carport shall not exceed six(6)spaces.
However, where a carport is not visible from a public right-of-way or
from single-family residential property, as defined by Section 43 of this
ordinance, the Planning and Zoning Commission may recommend and
the City Council may approve an increase in the number of spaces
allowed in a carport. The minimum size of each space shall be 9'by 20'.
Maximum Number of Structures: There shall be no more than one(1)
carport, attached or detached,per lot.
Building Materials: All exterior façades and any exposed structural
support columns of a carport shall be constructed with the same or
similar materials as the principal building. However, such building
materials shall exclude the use of cement, concrete tilt wall and other
masonry materials of similar characteristics.
Articulation: Any exterior façade shall comply with Section 43.13.d.
Paving: No carport shall be erected over any parking space not
L
45-21
constructed of an all-weather surface.
c. Development Regulations for Non-Residential Multi-Level Parking Garages
1) Height: In all districts, multi-level parking garages shall conform to height
restrictions for the underlying zoning districts. Height shall be measured
from grade.
2) Structure
Design: Building Materials: Any wall, exposed structural support column or
other architectural feature of a parking garage shall comply with Section
43.13 (a) and shall be constructed of the same or similar masonry
material as the principal building.
Articulation: Any exterior façade shall comply with Section 43.13.d.
Compact Parking Spaces: If permitted,no compact parking space shall
be less than eight and one-half(8 Y2) feet in width by eighteen(18)feet
in length.
Vehicular Ingress and Egress Points: The distance from parking garage
vehicular ingress and egress points to a corner of a street intersection
shall conform to the driveway ordinance, as amended.
Ingress: The required minimum stacking depth shall conform to the
driveway ordinance, as amended. If there are ingress control gates, the
stacking distance shall be measured from the edge of the right-of-way to
the ingress control gate. The required stacking distance may be met by
providing a right turn lane(of adequate length as determined by the City
Engineer)leading to the entrance of the parking garage.
Egress: A minimum of twenty(20) feet shall be provided between an
egress control gate and either the inside edge of a sidewalk or the inside
of the right-of-way to minimize conflicts between exiting vehicles and
pedestrians.
3) Commercial
Uses: Multi-level parking garages may contain commercial uses which are
reasonably related to the principal uses located on the lot with the
parking garage. No additional parking shall be required for such
commercial uses.
tor
45-22
45.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES
a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of
the location, the site layout and design features, the assurance that the adjoining streets can
handle higher volumes of traffic during peak hours of traffic loading without a requirement to
divert traffic onto traditional residential streets and the compatibility of the proposed use with
adjacent land uses.
b. A fixed time period(specific dates)for the outdoor sale or service activity to commence shall be
established in the specific use permit. The permit for the sale or service activity shall be
established and unless otherwise stated in the permit, shall be valid one year from the date of
approval by the City Council.
c. Regulations for any structure used to conduct the outdoor sale or services activity including but
not limited to, size,color,location of equipment,lighting and signage shall be established in the
specific use permit.
d. The location of outdoor sale or service activity shall not reduce the parking requirements or
effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall de
not adversely impact the ability of pedestrians or vehicles to move about the lot.
e. The site must provide adequate ingress and egress.
f. Provisions for waste collection,recycling and/or disposal may be established in the specific use
permit.
g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty-four
inches(44")in width. Additional width may be required and pedestrian ways shall be subject
to the Americans with Disability Act Accessibility Guidelines for Building and Facilities.
45.13 SPECIFIC REGULATIONS FOR DONATION BINS
a. A donation bin shall be permitted only as an accessory use to the principal use established on the
lot or tract of land.
b. The applicant must disclose the intended recipient of collected items and the percentage of funds
collected or goods collected which will be paid or given to a charitable organization.
c. The applicant must submit written permission of property owner consenting to the erection and
maintenance of the donation bin.
d. The specific use permit shall provide that the permit holder shall:
tiv
45-23
1) keep the area around the bin free of litter;
2) remove graffiti from the bin within 48 hours of discovery; and
3) maintain the bin painted or otherwise unrusted and undented and in good repair.
e. A minimum lot size of 43,560 square feet is required to locate a bin.
f. No more than one bin may be maintained on a lot.
g. A bin shall not be located closer than 500 feet to another bin.
h. A bin must be at least 300 feet from the property line of a school.
i. The location of a bin shall not reduce the minimum parking requirements or effectiveness of
landscaped areas within the site. I T
j. A bin shall not exceed a capacity of cubic feet.
k. A bin must be cleared of contents at least once every two (2) weeks.
1. Each bin shall bear the name and phone number of the owner and all charitable organizations
which benefit from the collected materials.
m. The maximum sign area shall be six (6) square feet.
n. All collected items must be fully contained within the bin.
o. Bins shall be located on a paved surface.
45.14 MASS GATHERING EVENT
a. The City Council may grant an application for a specific use permit for a mass gathering event if
it finds the standards in this Ordinance are met. When considering an application for a permit,
the City Council may establish specific conditions depending upon the nature of the proposed
event and the traffic, health, and safety issues.
b. An application for a permit to hold a mass gathering event shall identify(i)the promoter;(ii)the
mass gathering area; (iii) the maximum number of patrons anticipated or tickets to be sold for
the gathering; (iv) the dates and time of day being considered for the mass gathering; (v)
information pertaining to previous mass gatherings in the same mass gathering area or
sponsored by the promoter or a related entity at other locations, within the previous two years;
45-24
tir and (vi) shall provide other information which is reasonably related to the health, safety and
welfare of the citizens, including:
1) a plan describing all measures and procedures designed to address safety concerns,including
provisions for protecting the safety of those attendees at a general admission event;
2) a sketch or rendering showing the general layout or configuration of the mass gathering area
and depicting the general location of the activities and facilities to be provided;
3) the name and address of each performer who has agreed to or been invited to appear at the
mass gathering;
4) the address of the property at which the mass gathering is to be held; and
5) evidence of the agreement between the promoter and the property owner for use of said
property for the mass gathering event.
c. In considering whether to grant a mass gathering event special use permit,the City Council shall
consider the following:
1) whether there is convenient and safe access for the ingress and egress of pedestrians and
vehicular traffic;
2) whether sufficient traffic control personnel is proposed to insure safety to all members of the
traveling public, including pedestrians, along all public roadways in the proximity of the
mass gathering and/or along which the public is likely to travel to reach the mass gathering
areas shall be provided;
3) whether the mass gathering area is well drained and so arranged to provide sufficient space
for persons assembled, vehicles, sanitary facilities, and appurtenant equipment;
4) whether sufficient illumination will be provided at night to protect the safety of the persons
assembled.
5) whether adequate parking areas, including disabled persons' parking spaces, shall be
provided for persons arriving by vehicular means. If the promoter proposes to utilize
temporary off-site parking, then the promoter the mass gathering event the off-site
temporary parking area will not be utilized for purposes other than the mass gathering event;
and
6) whether adequate provisions have been made for food supply,medical assistance, garbage
disposal, water supply, parking, sanitation and toilet facilities, vermin control, and safety.
d. The promoter of a mass gathering event shall comply with the following requirements during the
mass gathering event and these requirements shall be deemed as part of a specific use permit granted for
such an event:
45-25
1) Food Supply
Food preparation, service and storage will be provided for pursuant to the requirements of the
Texas State Department of Health,the county in which the mass gathering event takes place,or
the City, whichever is more stringent.
2) Water Supply
a) An adequate, safe supply of potable water,meeting the requirements of the Texas State
Department of Health, the county in which the mass gathering event takes place,or the
City, whichever is more stringent, shall be provided.
b) Transported water, if used, shall be obtained from an approved source, stored and
dispensed in an approved manner. Approval as used in this paragraph means in
compliance with standards adopted by the Texas State Department of Health,the county
in which the mass gathering takes place, or the City, whichever is more stringent.
3) Sanitation
Toilet facilities will be provided for pursuant to the requirements of the Texas State Department
of Health, the county in which the mass gathering event takes place, or the City, whichever is
more stringent.
4) Refuse Disposal
a) Refuse shall be collected, stored, and transported in a manner that allows for recycling
and protects against odor, infestation of insects and/or rodents and any other condition,
which poses a threat to the health, safety, and welfare of the patrons of the mass
gathering event or the public.
b) Refuse and recycling containers shall be clearly marked and readily accessible.
c) The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse
container or its equivalent for every twenty-five (25) such motor vehicles or one (1)
sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles
and an appropriate number of recycling containers.
d) All refuse will be collected from the assembly area at least twice each twelve(12)hour
period of the assembly, with a minimum of two (2) such collections for a gathering
exceeding six (6)hours, or more often if necessary, and disposed of at a licensed waste
disposal facility.
e) The grounds and immediate surrounding property shall be cleared of refuse within
twenty-four(24) hours following a mass gathering event.
Cov
45-26
f) In lieu of the above-mentioned requirements in this subsection,the promoter may submit
an alternative plan for refuse disposal for the consideration by the City Council.
5) Vermin Control
Insect,rodents,and other vermin shall be controlled by proper,sanitary practices,extermination,
or other safe and effective control methods, where necessary, and animal parasites shall be
controlled.
6) Safety
a) Electrical systems shall be installed and maintained in accordance with the provisions of
the applicable State standards and local standards and regulations,and shall be approved
by a City of Southlake electrical inspector.
b) Grounds,buildings, and related facilities shall be constructed,maintained and used in a
manner as to prevent fire and in accordance with the applicable State and City fire
prevention regulations.
c) Internal and external traffic and security control shall meet requirements of the
applicable State and local law enforcement agencies.
d) At least one law enforcement officer for each 500 persons expected to attend the mass
gathering(but not fewer than a total of three officers) shall be on site to assist in crowd
and traffic control.The City Council may require additional or fewer officers,depending
upon the information contained in the application. If the promoter intends to use private
security officers,then the identity and number of such officers shall be described in the
application.
e) The promoter shall ensure that adequate communication between local law enforcement,
fire prevention,and emergency personnel and any private security personnel,including
emergency response protocols, is provided for each mass gathering event. An on-site
communications center may be required.
7) Medical
a) Any and all medical buildings or tents with adequate medical supplies shall be available
in a convenient location and shall be clearly identified as such.
b) An adequate number of emergency vehicles duly licensed by the State of Texas as
ambulance shall be available on the site beginning one half hour before the mass
gathering event begins and until all patrons have left the scene as determined by the
Director of Public Safety.
45-27
c) The promoter of the mass gathering event may be required to contact hospitals in the
local area prior to the date of the event and advise them that a mass gathering event shall
be held and the approximate number of people expected to attend.
8) Noise
The promoter shall control the level of sound emanating from the mass gathering area
pursuant to the City's Noise Ordinance (Article III of Chapter 11. Southlake Code).
9) Area
a) Trees, underbrush, large rocks and other natural features shall be left intact and
undisturbed whenever possible,and natural vegetative cover will be retained,protected
and maintained so far as possible to facilitate drainage, prevent erosion, and preserve
scenic attributes.
b) Grounds shall be maintained free from accumulations of refuse and any health and safety
hazards.
10) Lighting
The mass gathering area shall be adequately lighted,but the lighting shall not unreasonably
reflect beyond the assembly area boundaries unless adjacent properties are uninhabited and
must comply with the City's Lighting Ordinance;
11) Alcoholic Beverages
a) A Specific Use Permit is required to sell and consume alcoholic beverages at a mass
gathering event. The promoter shall restrict the time and location of such sale so that
alcoholic beverages are sold only during the particular event and so that public safety
and order will not be impaired.
b) The promoter shall comply fully with the laws of the State of Texas regulating the sale
and consumption of alcoholic beverages.
12) Sell-out
The promoter shall notify the Director of Public Safety at least three(3)days in advance if
the mass gathering event is sold out. When the promoter learns that a particular event is
likely to be sold out, the promoter shall exercise due diligence to promptly inform the
general public that tickets will not be available for sale at the time of the event. At a
minimum, the promoter shall broadcast announcements in the communications media
serving the entire marketing area for the facility regarding the substance of the preceding
sentence.
45-28
e. Public Costs Escrow.
The promoter shall deposit with the Director of Finance at least two weeks prior to the mass
gathering event an amount of money equal to 120% of the estimated public costs of each
contemplated mass gathering as set by the City Council. The Director of Public Safety will prepare
a public cost estimate and submit it to City Council and the promoter. Public costs are those costs
incurred by the City in connection with the mass gathering event which relate to the mass gathering
and which would not be incurred by the City if such mass gathering was not held. Promptly after
each mass gathering event, the actual public costs shall be calculated, and the deposit shall be
refunded to the promoter to the extent it exceeds the actual public costs incurred. If the actual
public costs exceed the amount deposited, the promoter shall pay the excess to the City within 10
days after being so notified.
f. The promoter shall present evidence of public liability insurance in at least the following
amounts: (i)$1,000,000 Bodily Injury(per person);(ii)$2,000,000 Bodily Injury(per occurrence);
and(iii) $1,000,000 property damage, which insurance policy shall name the City, its officers and
employees as additional insureds and shall contain a clause providing that the policy may not be
canceled by either party except upon not less than 30 days written notice to the City. A copy of the
insurance policy shall be provided to the City at the time of the filing of the application.
Additionally, the City, its officers and employees shall be named as additional insureds.
g. The City Council may revoke a mass gathering event permit issued pursuant to this Ordinance
upon finding of one or more of the following:
1) that the promoter has violated one or more of the provisions of the specific use permit;
2) if the City Council finds that the permit was obtained by fraud or misrepresentation; or
3) if the preparations for the mass gathering event will not be completed prior to the planned
commencement of the mass gathering event.
filer
45-29