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480-EEEORDINANCE NO. 480-EEE OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 29 — "MH" MANUFACTURED HOUSING DISTRICT; 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 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 29 — "MH" Manufactured Housing District is hereby amended, which shall read as follows: SECTION 29 "MH" - MANUFACTURED HOUSING 29.1 PURPOSE AND INTENT - This zoning classification is established to provide for diverse types of single-family residential uses, including manufactured homes, industrialized (modular) homes and site built homes. This zoning classification provides appropriate development standards for the placement of manufactured, industrialized and site built housing in the City of Southlake where adequate streets and other community facilities are available for present and future needs. Manufactured housing shall only be permitted in the MH district unless otherwise specifically authorized elsewhere in this ordinance. (as amended by Ord. 480-QQ) 29.2 PERMITTED USES (as amended by Ord. 480-QQ) a. Residential Uses: Single-family detached (one dwelling unit per lot) Home occupation b. Recreational uses: Parks and open space (for recreational, resource protection, conservation, and health and safety benefits) Public playgrounds, greens, plazas, and squares 29.3 TYPES OF RESIDENTIAL STRUCTURES PERMITTED (as amended by Ord. 480-QQ) HUD -code manufactured homes Industrialized or modular housing Site built housing 29.4 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. 29.5 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.) 29.6 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure hereafter erected, reconstructed, altered or enlarged 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 fifteen (15) feet. Corner lots shall have a minimum side yard of ten (10) feet on the second front yard. C. Side Yard: There shall be a minimum side yard requirement of not less than ten (10) feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior lots. d. Rear Yard: There shall be a rear yard having a depth of not less than twenty-five (25) feet, except that the principal building may encroach as close as fifteen (15) feet to the rear property line as long as no more than fifty percent (50%) of the area between the twenty-five (25) foot and fifteen (15) foot rear yard area and the ten (10) foot side yard setbacks is encroached. e. Only one residential structure may be placed upon an approved lot. f. Lot Area: The minimum area of a lot shall be 20,000 square feet. The minimum lot area set forth above shall not apply to any unplatted tract, deeded and filed of record prior to January 1, 2000. Subsequent to the enactment of this ordinance, no property in the MH zoning district may be subdivided or re -subdivided to a lot or tract size less than the smaller of 20,000 square feet or the size of the tract as it existed on January 1, 2000, with the exception of deviations authorized below: Deviations from deeded tract boundaries may be authorized by the City Council with plat approval. When preparing a plat for the subdivision or re -subdivision of unplatted tracts in the "MH" - Manufactured Housing district, the subdivider is encouraged to formalize pre-existing tract patterns into lots. In an effort to establish a consistent and cohesive lot pattern, limited deviations from the pre-existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall not result in an increase in the total number of tracts/lots unless authorized by City Council. Any changes from the pre- existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with the characteristics for that particular neighborhood. g. Width of Lots - The width of a lot shall be a minimum of sixty (60) feet at the building line. h. Maximum Lot Coverage — Lots having an area of ten -thousand (10,000) square feet or less, all buildings or structures shall have a maximum lot coverage not exceeding forty five percent (45%) of the lot area and Lots having an area greater than ten -thousand (10,000) square feet shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area. The sum total of accessory buildings shall not exceed 600 square feet and shall be included in the calculation of lot coverage. 29.7 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.) SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to 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 fifteen (15) 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 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 1st day of November, 2005. MAYOR ATTEST: TH(,9�,,�� a 0 CITY SECRETARY ca e w o rrrerrurrrr��\ PASSED AND APPROVED on the 2nd reading the 15th day of November, 2005. M YOR ATTEST: SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY a ° •CO INVOICE"Draft Only Star -Telegram Customer ID: CIT57 400 W. 7TH STREET FORT WORTH, TX 76102 RECEIVED Invoice Number: 263181161 Invoice Date: 11/20/05 (817) 390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days DEC - 8 M Due Date: 11/30/05 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26318116 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates: I 1 / 18/05 - 11 /20/05 Alin . . Description Location Cal Depth Linage MURate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 66 66 LINE SO. 43 $56.46 CITY E U THE STATE OF TEXAS PROVIDING~AN EF County of Tarrant FECT IVE DATE Any person, firm or corporation who vio- Before me, a NotaryPublic later disobeys, omits, neglects or refuses to for the Star -Telegram, Utz comply with or who P resists the enforce - depose and say that the t merit of any of the provisions of this or - LEGAL DENT. STAR TLEGRAI dinance shall be fined not more than Two (817) 390-7320 Thousand Dollars rc9 nnn nm f.,, ... h tute a separate of- fense. SUBSCRIBED AND SWORN' PROVED TH S THE 15th DAY OF NO- VEMBER, 2005, DURING THE REG- ULAR CITY COUN- CIL MEETING. MAYOR: Andy W mbppnsr Thank You For You C�Sec► ta'ry arvire"' Net Amount: CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2W8 $56.46 my and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator egram, Inc. at Fort Worth, in Tarrant County, Texas: and who, after being duly sworn, did an advertisement as published in the albove named paper on the listed dates: BIDS & - .• • -Fj y Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 263181161 Invoice Amount: $56.46 PO Number: NO PO Amount Enclosed: $