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480-WWWORDINANCE NO. 480-WWW OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO SOLAR ENERGY SYSTEMS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following subsections within Section 45 of the Comprehensive Zoning Ordinance No. 480, as amended, are hereby amended to read as follows: SPECIFIC USE District Where Permitted ALL 45. Solar Energy Systems, subject to the requirements of Section 45.17 SITE PLAN REQUIRED 45.17 SPECIFIC REGULATIONS FOR SOLAR ENERGY SYSTEMS (As amended by Ordinance No. 480-WWW) The purpose of this section is to establish standards for Solar Energy Systems. A Solar Energy System shall be approved by City Council through the Specific Use Permit process and may be subject to other requirements as deemed necessary. RESIDENTIAL ZONES Ground Mounted Systems: a. Front Yard: No system shall be located forward of the principal building on the lot. b. Side and Rear: No system shall be located less then ten (10) feet from any side or rear property line. Roof Mounted Systems: a. Height: No system shall be installed greater than six (6) inches between the panel and roof. NON-RESIDENTIAL ZONES Ground Mounted Systems: a. Front Yard: No system shall be located forward of the front most building on the lot. b. Side and Rear: No system shall be located less than the required building setback as required by the underlying zoning district. Al I 7()NFS a. No solar energy system shall be constructed upon a lot until a building permit has been issued or principal use has actually been commenced. b. A line of sight analysis will be required in addition to the applicable submittal requirements under Section 40 (Development Plans and Site Plans) of the City of Southlake Zoning Ordinance. SECTION 2 Add the following under Section 4 of the Comprehensive Zoning Ordinance No. 480, as amended, to read as follows: SOLAR ENERGY SYSTEMS - A device or combination of devices or elements that rely on direct sunlight as an energy source, including any substance or device that collects sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or, generating electricity. SECTION 3 This ordinance shall also establish the fee for a Specific Use Permit for Solar Energy Systems on Residential properties only. The fee for Solar Energy Systems on Residential Properties only shall be established at Fifty Dollars ($50.00). All other applications for the installation of Solar Energy Systems shall remain at the current fee amount for Specific Use Permits. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 19th day of May, 2009. (:]A-, --§ MAYOR�� iy1f 590. Y91 jt ATTEST: e aid • s Cj) o s e • v a CITY SECRETARY Wile"" PASSED AND APPROVED on the 2nd reading the 2"d day of June, 2009. ,.11111B51," (4A:� �1 `°' ?0 ATTEST: 4 µ ��� i�L •vv m ...,,n q ew 4wJ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORN DATE: y" y ADOPTED: /0 -2-Oq EFFECTIVE: h •5.09 INVOICE Preview Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 a Attn Attn: ACCOUNTS PAYABLE ' RECEIVED � CIN OF SOUTHLAKE VA�C�A��E p�NT Customer ID: CIT57 Invoice Number: 304988641 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 6/5/2009 Net due in 21 days 6/30/2009 20900115-000. 30498864 073 CITY OF SOUTHLA 6/5/2009 Description Locafon Col Depth Linage CITY OF Legal Notices MU Rate Amount CITY OF St SOUTHLAKL ORDINANCE 1 64 64 ATTEST: Lori Payne, LINE S0.81 $51.84 NO. 480-WWW AN ORDINANCE _City Secretary Sales Disco\ AMENDING ORDI- "—--- ---- NANCE NO. 480, AS ($5.00) \\ AMENDED, THE COMPREHENSIVE ZONING ORDI- Misc Fee NANCE OF THE CITY OF SOUTHLAKE, $5.00 TEXAS; AS IT PER- TAINS TO SOLAR ENERGY SYSTEMS; PROVIDING THAT THIS ORDINANCE. SHALL BE CUMU- LATIVE OF ALL ^ '` 'f'' Net ORDINANCES; NAE SEVER- {„J p \.C' F Amount: $51.84 ? VVV ABILITY CLAUSE; 1 \ A. ,. PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;' PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ►►•• ^� �'"a; ^rr 1�\ PROVIDING AN EF- oy�j , '1 7; T-�! ! FECTIVE DATE� -. - - - SECTION 6 Any person, . firm or THE STAT corporation who vi- olates, disobeys, County of omits, neglects or Before me refuses to comply with or who resists the enforcement of any of the provisions for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star-Ti of this ordinance shall be fined not the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the at Two Jvertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390= Tmore housandhan ($2,000.00) for each offense. Each day \ \ that a violation is \\`\ (\q] (`` (� \ . �1^��` \ iJ permitted to exist Signed 1L�1 shall constitute a `(��� ,Q� �/ L vi `�• ANs�>', P V/ /i separate offense. PASSED AND AP- < : • NOTAl� •'• SUBSCRIE PROVED THIS THE' BEFORE ME, THIS Monday, June 08, 2009. DAY OF JUNE 2nd 2009, DURING TH9 �� ; n'Z REGULAR CITY COUNCIL MEETING. Notary Public ��', \� �" u �•�= MAYOR: John Terrell - '•;Rps • \ �1,9. ES.. � IN: Thank Thank You For Your Payment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304988641 Invoice Amount: $51.84 PO Number: 20900115-000. Amount Enclosed: $ INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 l (8 17) 390-7761 Federal Tax ID 26-2674582 Bill To: 1 CITY OFSOUTI-ILAKE �PNIAN(F�btfAi3ifvl,_,�'j I 1400 AMN Sr ` STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS_PAYA Pescriptlon CITY OF SOUTHLAKE Notice is hereby given by the City Council CITY OF SOUTI of the City of Southlake, Texas, that a Public hearing will be held on Mav 5, 2009, at 5:00 p.m. Sales Discount lowing ge methel Woolk Session, during the Regular City Council Misc Fee meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of, the public hearing is to consider the sec- ond reading .of the )ING ORDI- NO. 480, AS 'ED, THE REHENSIVE ORDI- OF THE CITY SOUTHLAKE, AS IT PER - TO SOLAR V SYSTEMS; 'ING THAT ORDINANCE BE CUMU- OF ALL THE STATE OF ABILITY INA CLAUSE; County of Tarrar PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; Before me, a No NGS PROVIDING CLAUSE; the Star -Tel egral Pu°B I ATION FOR IN that the attachec PAMPHLET FORM; PROVIDING FOR (817) 390-7501 PUBLICATION' IN BLL Pre�1eW . Customer ID: CIT57 Invoice Number: 304194221 Invoice Date: 4/17/2009 Terms: Net due in 21 davc Due D�:e: 4/30/2009 PO, Nr-Y.k.—. PO#209001 I5 000 Oi'de. 30419T22 Sales Rep: 073 Description: CITY OF SOUTHLA pillbliea±io77, T_``°±e: 4/17/2009 T ^c-,Ji Col Dep t. Lina N3'J Rate Ain oun t 13580 1 79 79 LINE $0.81 $6399 ($5.00) $5.00 !Z)EC rI_ Net Amount: $63.99 MAY ` 8 2009 OFFICE y° b[ �Rr; �/ 6 �j R ;aid County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for iar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say sement was publis din the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM FECTIVEDATE* "- SECTION 6 Signed �N(� Any person, firm or SUBSCRIBED A sobeys, ORE ME, THIS Monday, April 20, 2009. necorporation omits, neglects or refuses to comply with or who resists the enforcement of Notary Public Q any of the provisions f o this ordinance shall be fined not ` ' v o— a_ more than Two Thousand Dollars -r o UPS 9 a 9� ($2,000.00) for each offense. Each day r 0° �f s a TP o �• that a violation is permitted to exist Thank You F shall constitute a lentt ', °op o° s,, /f.ES°°°• �X 'S9�,®0' separate offense. City of Southlake �w`OttF�OA��E�\s� --- .-'-- ---•, ----- --... _........ _. Lori Payne — _._., ,_,_. CitySecretary ...... _._...,.._ ..........,,.... ,.._. _..... ,.,....._...._._.._... _._.. _........_._..._........_..,,........_...._....,,....._......_....._. �....._.._.... _..,.. ,...... Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304194221 Invoice Amount: $63.99 PO Number: PO#20900115-000 Amount Enclosed: INVOICE Preview Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Description Cr CITY OF SOU7 Natice°s s, Sales Discount lowing the vvorK Mlsc Fee Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the HECH CITY OF SOU � HLAKEAY2e t19 FINANCE DEPAKFME_Nr[i` with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake Lori Payne City Secretary I Den 1 79 Customer ID: CIT57 Invoice Number: 304652411 Invoice Date: 5/16/2009 Terms: Net due in 21 days Due Date: 5/31/2009 PO Number: 20900115-000 Order Number: 30465241 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 5/16/2009 Linage MU Rate :Amount I AMENDED, ' THE COMPREHENSIVE p �/ I� /� ZONING OF THE CITY V A 1 1 7 COV9 79 LINE $0.81 $63.99 Net Amount: OF SOUTHLAKE, TEXAS; AS IT PER- TAINS TO SOLAR _ ENERGY SYSTEMS; PROVIDING . THAT THIS ORDINANCE THE STATE Oi SHALL B OFCUMU- LATIVEALL County of Tarr' ORDINANCES; PRO- VIDING A SEVER - ABILITY CLAUSE; ($5.00) $5.00 $63.99 Before me, aI PROVIDING FOR A. PENALTY FOR VIO- said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star-TelePROVIDING HEREOF; Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after beingdui sworn, did depose and sa that the attacNGS IDINGCLAUSE; g y y p y PROVIDING FORtisement was publishe in the above named paper on the listed dates: BIDS LEGAL DEPT. STAR TELEGRAM 817 390 7 IN - ^ ( - 5 PUBLICATION PAMPHLET FORM;. PROVIDING FOR PUBLICATION IN THE OFFICIAL Signed NEWSPAPER; ANDAN - EF- SUBSCRIBED FECO IVIDING VE DATE. FORE ME, THIS Tuesday, May 19, 2009. SECTION 6 Any person, firm dr corporation who vi- olates, disobeys, Notary Public omits, neglects or refuses 'tocomply Thank You For Your Payment ----------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 304652411 $63.99 20900115-000 $