480-VVV
OFFICIAL RECORD
ORDINANCE NO. 480-VVV
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AS IT PERTAINS TO MISCELLANEOUS
AMENDMENTS AND CORRECTIONS; 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 30 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
30.1 PURPOSE AND INTENT - The purpose of this district, sometimes identified as
a suffix to one of the other districts, is to permit flexibility and encourage a
more creative, efficient and aesthetically desirable design and placement of
buildings, open spaces, circulation patterns and to best utilize special site
features such as topography, size and shape. It is intended that the flexibility
permitted by this zoning category extends to discretionary approval, in
conjunction with site plan or concept plan review, not limited to, but including
such items as those relating to parking space requirements, building line
setbacks, square footage of buildings and structures, sign placement and
specifications and protective screening in order to achieve conformance with
good planning practices. This district may also be used to accommodate
planned associations of uses developed as integral land use units, which may
be planned, developed and operated either by a single owner or a
combination of owners.
30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space,
and other development regulations for permissible uses in a PUD district shall
conform to the development regulations which would be applicable to such
uses if the same were situated in the most restrictive district in which such
uses are permitted. Zero lot line development may be permitted for non-
residential uses on a common interior lot line where construction of a party
wall is used. 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.
In addition, the City Council may approve more flexible development
standards if other design features provide adequate protection to surrounding
and adjacent properties. For any residential PUD, the maximum density
permitted shall not exceed 1.80 dwelling units per gross acre. (As amended
by Ordinance No. 480-U.) (As further amended by Ordinance No. 480-X and
Ordinance No. 480-VW.)
30.9(c) In any nonresidential Planned Unit Development, all building sites shall submit
a site plan meeting the requirements of Section 40 of this ordinance.
SECTION 2
Section 33.14 of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not
to be immediately served by a sewage collection system connected to an
approved community treatment plant or public sewage facility, then such use
shall be connected to an approved on-site sewage facility (OSSF) designed
and constructed in conformance with the methods and standards approved by
the State Department of Health, City's Plumbing Code, and Ordinance No.
514. Where the use of an on-site sewage facility (OSSF) is to be employed,
the minimum lot size must be one acre per family, residence or commercial
structure, with a minimum usable area of at least one acre, and the use must
be approved by the City Council of the City of Southlake. The minimum
usable area requirement of one (1) acre per lot shall exclude all areas of the
lot (As amended by Ordinance 480-JJJ and 480-VW):
a. In any flood plains as identified on the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM);
b. In any drainage and flowage easements; and
c. Having topographical limitations as regulated under the standards for on-
site sewage facilities in the Texas Administrative Code Chapter 285.
SECTION 3
The following subsections within Section 34 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
ACCESSORY USE District Where
Permitted
c. Accessory buildings enclosing equipment or activities in conjunction with AG, RE, RCS, SF-1A, SF-
the permitted principal uses. No accessory use shall be construed to 1B, SF-2, SF-30, SF-20A,
permit the keeping of articles or materials in the open or outside the SF-206, MF-1, MF-2
building unless specifically permitted elsewhere in this ordinance.
x. 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)
(2) Noncommercial radio transmitting antennas limited to 65' in height. AG, RE, SF-1A, SF-113,
Must be located behind the principal dwelling, but not within the rear SF-30, SF-20A, SF-206,
yard setback. Must be no closer to a property line than the maximum R-PUD, MF-1, MF-2, MH
height of the antenna. (Complaints concerning electrical, radio, or PLOT PLAN REQUIRED
television signal interference shall be referred to the FCC.)
ee. Sale of alcoholic beverages.
1. No alcoholic beverage use shall be located within three hundred 0-2, C-1, C-2, C-3, C-4,
(300) feet of a church, public school or public hospital. Such HC, S-P-1, S-P-2, PUD,
measurement shall be made in accordance with the requirements set DT**
forth in Section 109.33 of the Texas Alcoholic Beverage Code.
Shall apply only to non- residential uses and mixed use buildings in the DT District
34.2(b) Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Residential Code (IRC).
SECTION 4
The following subsections within Section 34 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
35.10(d) Required off-street parking and loading spaces shall be located on the
same lot with the building or use served, except as otherwise allowed in
Section 35.2 of this ordinance.
35.10(h) This Section 35.10 does not apply to car dealerships or to businesses
where vehicles are for sale, rent, or lease and are permitted by provisions
of this ordinance.
SECTION 5
The following subsections of Section 37.2 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
Use
Land Use Category Status
Commercial Uses - Retail Sales or Service
• Beer, wine, and alcohol sales P
o 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.
,Other Uses
■ Accessory Buildings*
SUP
* Refer to Section 45.16 for Accessory Building regulations
SECTION 6
Section 40.3(ff) of the Comprehensive Zoning Ordinance No. 480, as amended,
is hereby amended to read as follows:
A color-coded landscape plan meeting the requirements of Ordinance 544,
as amended. (for all non-residential site plans)
SECTION 7
Section 42.5(b) of the Comprehensive Zoning Ordinance No. 480, as amended,
is hereby amended to read as follows:
Plant materials shall be appropriate for the region and local soil
conditions and shall be planted in accordance with good horticultural
practice. Plants selected should require only low maintenance and
should be hardy as to temperature and drought. The applicant shall
meet all the planting material, maintenance, and other related
requirements as set forth in Landscape Ordinance No. 544, as
amended.
[ Removing list of recommended plant material ]
SECTION 8
The following additions shall be made to Section 45 of the Comprehensive
Zoning Ordinance No. 480, as amended, and shall hereby read as follows:
45.1 GENERAL PROVISIONS
SPECIFIC USE DISTRICT WHERE
PERMITTED
44. Accessory buildings enclosing equipment or activities in conjunction with the CS, 0-1, 0-2, C-1, C-2,
permitted principal uses. No accessory use shall be construed to permit the C-3, C-4, HC, B-1, B-2,
keeping of articles or materials in the open or outside the building unless 1-1, and 1-2 SITE PLAN
specifically permitted elsewhere in this ordinance. Subject to the requirements REQUIRED
set forth in Section 45.16 of this Ordinance.
45.16 SPECIFIC REQUIREMENTS FOR ACCESSORY STRUCTURES
The following regulations shall govern the location and use of any accessory
building requiring a Specific Use Permit:
a. Accessory buildings shall be required a permanent foundation and shall be
located no closer than ten feet (10') to a property line located in the rear yard.
b. Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Building Code (IBC).
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. Accessory buildings shall be used 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.
g. All accessory structures requiring a Specific Use Permit shall meet the
requirements set forth in Masonry Ordinance No. 557-A, as amended.
h. Masonry material used shall match the masonry material of the principal
structure on the lot.
i. Roof (design, pitch, and materials) to be the same type as the principal
structure roof.
SECTION 9
The following additions shall be made to Section 47.5 of the Comprehensive
Zoning Ordinance No. 480, as amended, and shall hereby read as follows:
TABLE 47-1 Use Status
LAND USE CATEGORY RA RE (T-1) / N
NE (T-2)
Other Uses
■ Alcohol sales P P NP
■ Accessory Buildings* SUP SUP P
* Refer regulations in Section 45.16
SECTION 10
Section 47.8(3) of the Comprehensive Zoning Ordinance No. 480, as amended,
is hereby amended to read as follows:
Site Plan. A site plan meeting the requirements of Section 40 shall
be approved by the City Council following a recommendation by the
Planning and Zoning Commission and is required prior to issuance
of a building permit for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after
the City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. Property owners shall be notified, public hearings shall be
conducted, and notice given in the same manner as a
change of zoning as outlined in Section 46 of this ordinance.
i. The City Council shall approve or disapprove a Site Plan
only after receiving a recommendation of the Planning and
Zoning Commission.
ii. An application for site plan approval shall contain the
information set forth in Section 40.4.
iii. A building permit for any lot with a single-family dwelling may
be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk's office and
only if the design of the proposed residential use meets the
approved development plan standards.
SECTION 11
The following additions shall be made to Section 49.5 of the Comprehensive
Zoning Ordinance No. 480, as amended, and shall hereby read as follows:
TABLE 49-1 Use Status
LAND USE CATEGORY EC-C EC-E EC-N
Other Uses
■ Alcohol sales P P NP
■ Accessory Buildings* SUP SUP P
Refer regulations in Section 45.16
SECTION 12
Section 49.8(3) of the Comprehensive Zoning Ordinance No. 480, as amended,
is hereby amended to read as follows:
Site Plan. A site plan meeting the requirements of Section 40 shall
be approved by the City Council following a recommendation by the
Planning and Zoning Commission and is required prior to issuance
of a building permit for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after
the City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. Property owners shall be notified, public hearings shall be
conducted, and notice given in the same manner as a
change of zoning as outlined in Section 46 of this ordinance.
ii. The City Council shall approve or disapprove a Site Plan
only after receiving a recommendation of the Planning and
Zoning Commission.
iii. An application for site plan approval shall contain the
information set forth in Section 40.4.
iv. A building permit for any lot with a single-family dwelling may
be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk's office and
only if the design of the proposed residential use meets the
approved development plan standards.
SECTION 13
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 14
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 15
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 16
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 17
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 18
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 19
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 July, 2008.
C:~aa
MAYOR
ATTEST:
CI SECRETAR
s
saw .o cag e,
PASSED AND APPROVED on the 2nd reading the 5th day of August, 2008."°`la
L-~~%k
MAYOR
ATTEST:
i>7 • ' a
CITY SECRETARY ~S 1
i uvw
APPROVED S T FORM AND LEGALITY:
CITY ATTORNEY
DATE: 0OVa4,,K6y- 3~2°~
ADOPTED: //Q/Cl)f 5, a8
EFFECTIVE:
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 299263101
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/10/2008
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/2008
Bill To: PO Number: 20801261-000
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29926310
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates: 8/8/2008 -8/10/2008
. t r l`AI:iit ';: Col ':Depth Linage,.,111114, Rate -, in ' `ttil
CITY OF SOUTHLAKE
CITY OF SOUTI NOD1v E NO I3580 1 66 66 LINE $0.03 $3.50
AN ORDINANCE
AMENDING ORDI-
NA Misc Fee AMENDED 480, AS
THE
COMPREHENSIVE' $49.96
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; AS IT PER-
TAINS�TO MISCEL-
LANEOUS AMEND- RECEIVED Net Amount: $53.46
MENTS AND COR-
PROVIDINGRECTIO THAT /4
THIS ORDINANCE,
SHALL BE CUMU-
LATIVE OF ALL \.ORDINANCES; PRO- �.,.4 ,
VIDING A nFP _ Z ZOOS4 AUG
r
ABILITY CLAUSE;
PROVIDING A
PENALTY FOR VIO-
LATIONS HEREOF; ?OG
RO PROVIDINGCLAUSE OFFICE OF Cii�� ScCR`TAR� `'
PROVIDING FOf�
PUBLICATION IN \+
PAMPHLET FORM;
PROVIDING FOR':
PUBLICATION IN
THEOFFICIALE.4117�if�ED
NEWSPAPER; ANDD
PROVIDINGA AN EF-
FECTIVE DATE.
THE STATE OF 'AnyTperson, firm or
corporation who vi-
County of Tarran plates, disobeys,
omits, neglects or
refuses to comply
Before me,a Not rnehenf rcementsof lid County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,publis ofy thine ordinance 3m, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping shall be feed Two .s published in the ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501 Thousand Dollars
offense($2,000.0i for each \Ok gARIEJ4,4/
offense. 0 Each day
that a violation is Signed C�.
permitted to exist g � �.'�.•RY p� �s �
shall constitute a P,
SUBSCRIBED A PARSED AND SeAP- IRE ME,THIS Tuesday,August 12, 08. �� e�0 .
PROVED THIS THE
5th DAY OF AU- ..�I_ • S.
GUST 2008,DURING y�
THE REGULAR CITY Notary Public ��f ��' �,�� ��
COUNCIL MEETING. S -
MAYOR: Andy
Wambsganss i 44.OFSe4Y.
ATTEST: Lorl Payne, ,�,
City Secretary �i .•.:'WIRES.* �
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: 299263101
Invoice Amount: $53.46
PO Number: 20801261-000
Amount Enclosed:
INVOICE Draft Only
t 'Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 298304411
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 6/29/2008
Federal Tax ID 22-3148254 Terms: Net due in 21 days
JUL 1 4 2008 Due Date: 6/30/2008
Bill To:
CITY OF SOUTHLAKE PO Number: PO#20801261-000
1400 MAIN ST OFFICE OF CITY SECRETARY Order Number: 29830441
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Dates: 6/27/2008 -6/29/2008
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 I 8I 81 I INI: $0.43 $69.11
Sales Discount ($8.50)
Misc Fee $5.00
e, „ Net Amount: $65.61
Ile:... CHRISTY L.HOLLAND
*: " MY COMMISSION EXPIRES
. +�/ July 31,2008
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in the .sove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed \ \ `Ai' Si
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,J,ne 30/PO4..
/ `�"7
-)
Notary Public '
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 298304411
Invoice Amount: $65.61
PO Number: PO#20801261-000
Amount Enclosed: $ I
V ti
CITY
OF SOUTHLAKE
Notice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on July
15,2008,at 5:00 p.m.
or immediately fol-
lowing the Work
Session, during the
Regular City Council
meeting to be held -- --- _
in the City Council ----
Chambers of Town
Hall, 1400 Main I - -&_--
Tereet,xas. akef JUL �!
Texas. Purpose of 1
the public hearing is ? 20
to consider the sec-
ond reading of thefo
O. ordinance:
ORDINANCE
N 4
NO. 80-V V V
' AN ORDINANCE - ---
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; AS IT PER-
TAINS TO MISCEL-
LANEOUS AMEND-
MENTS AND COR-
R E C T I O N S ;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
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
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
City of Southlake
Lori Payne
City Secretary