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CITY OF SOUTHIAKE, TEXAS
COMPREHENSIVE ZONING ORDINANCE
SEPTEMBER 19, 1989
ORDINANCE NO. 480
AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF SOUTHLARE, TEXAS; ESTABLISHING ZONING
DISTRICTS; REGULATING AND RESTRICTING THE LOCATION AND
USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE,
INDUSTRY, RESIDENCE, OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES,
THE DENSITY OF POPULATION, THE ERECTION, CONSTRUCTION,
RECONSTRUCTION, ALTERATION, REPAIR, OR USE OF
BUILDINGS, STRUCTURES AND LAND WITHIN SUCH DISTRICTS;
PROVIDING FOR THE REGULATION OF NONCONFORMING USES;
ADOPTING AN OFFICIAL ZONING MAP; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT, AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE ISSUANCE OF CERTIFICATES
OF OCCUPANCY AND BUILDING PERMITS; DEFINING CERTAIN
WORDS AND PROVIDING FOR THE INTERPRETATION OF THE
ORDINANCE; PROVIDING FOR A BOARD OF ADJUSTMENT AND
POWERS OF THE BOARD; PROVIDING FOR AMENDMENT AND
CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Southlake deems it
necessary in order to lessen congestion on streets, to secure
safety from fire, panic, and other dangers; to promote health and
the general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provisions of
transportation, water, sewers, schools, parks and other public
requirements; to conserve the value of property and encourage the
most appropriate use of land throughout the City, all in
accordance with a comprehensive plan, that the hereinafter
contained provisions of this ordinance should be passed,
promulgated and enforced; and
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WHEREAS, the City Council deems the provisions of the
present Southlake Zoning Ordinance (being Ordinance No. 334, as
amended) inadequate, by reason of changing conditions since its
passage, to accomplish the foregoing objects, and that said
Ordinance No. 334, as amended, should be amended and superseded
by the provisions of this ordinance; and
WHEREAS, the City's Planning and Zoning Commission has
recommended the boundaries of districts and regulations as herein
contained, after due notice to all owners of property affected by
changes from the previous zoning regulations and after public
hearing, as required by law; and
WHEREAS, the City Council has given publication notice and
held public hearings with respect to this comprehensive amendment
of the City's Zoning ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS;
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TABLE OF CONTENTS
PAGE
Section 1 Purpose and Title 1-1
Section 2 Scope 1-1
Section 3 Administration and Enforcement; 2-1
Building Permits and Certificates
of Occupancy
Section 4 Definitions 4-1
Section 5 Establishment of Districts, Provision 5-1
for Official Zoning Map, Zoning Changes
and Annexations
Section 6 Nonconforming Uses 6-1
Section 7 General District Regulations 7-1
Section 8 "CS" Community Service District 8-1
Section 9 "AG" Agricultural District 9-1
Section 10 "RE" Single Family Residential Estate 10-1
District
Section 11 "SF-1A" Single Family Residential District 11-1
Section 12 "SF-1B" Single Family Residential District 12-1
Section 13 "SF-30" Single Family Residential District 13-1
Section 14 "SF-20A" Single Family Residential District 14-1
Section 15 "SF-20B" Single Family Residential District 15-1
Section 16 "MF-1" Two Family Residential District 16-1
Section 17 "MF-2" Multiple Family Residential District 17-1
Section 18 110-1" Office District 18-1
Section 19 110-2" Office District 19-1
Section 20 "C-1" Neighborhood Commercial District 20-1
Section 21 "C-2" Local Retail Commercial District 21-1
Section 22 "C-3" General Commercial District 22-1
Section 23 "C-4" Arterial Mall Commercial District 23-1
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PAGE
Section 24 "B-1" Business Service Park District 24-1
Section 25 "B-2" Commercial Manufacturing District 25-1
Section 26 "I-1" Light Industrial District 26-1
Section 27 11I-2" Heavy Industrial District 27-1
Section 28 "HC" Hotel District 28-1
Section 29 "MH" Manufactured Housing District 29-1
Section 30 "PUD" Planned Unit Development District 30-1
Section 31 "S-P-1" (Detailed) Site Plan District 31-1
Section 32 "S-P-2" (Generalized) Site Plan District 32-1
Section 33 Supplementary District Regulations 33-1
Section 34 Accessory Uses 34-1
Section 35 Off-Street Parking 35-1
Section 36 Off-Street Loading 36-1
Section 37 Reserved for Future Expansion 37-1
Section 38 Outside Storage 38-1
Section 39 Screening 39-1
Section 40 Site Plans 40-1
Section 41 Concept Plans 41-1
Section 42 Bufferyards 42-1
Section 43 Airport Overlay Zone 43-1
Section 44 Board of Adjustment 44-1
Section 45 Specific Use Permits 45-1
Section 46 Amendments to the Zoning Ordinance 46-1
Section 47 Schedule of Fees 47-1
Section 48 Penalties; Injunction 48-1
Section 49 Savings Clause 49-1
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PAGE
Section 50 Cumulative Clause 50-1
Section 51 Severability Clause 51-1
Section 52 Publication in Pamphlet Form 52-1
Section 53 Publication in Official Newspaper 53-1
Section 54 Effective Date 54-1
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SECTION 1
PURPOSE AND TITLE
1.1 PURPOSE - The zoning regulations and districts herein
established have been made in accordance with a
comprehensive plan, for the purpose of promoting health,
safety, morals, and the general welfare of the City of
Southlake. They have been designed, among other things, to
lessen congestion in the streets; to secure safety from
fire, panic, and other dangers; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewers, schools, parks,
and other public requirements. They have been made with
reasonable considerations, among other things, of the
character of each district and its peculiar suitability for
the particular uses contained therein and with a view of
conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
1.2 TITLE - This ordinance shall be known as and may be cited
and referred to as the "Zoning Ordinance of the City of
Southlake, Texas."
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SECTION 2
SCOPE
2.1 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIRE-
MENTS - In their interpretation and application, the
provisions of this ordinance shall be held to be minimum
requirements, adopted for the promotion of the public
health, safety, morals, or general welfare. It is not
intended by this ordinance to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of
other laws or ordinances, (except as the same may be
specifically repealed by the terms of this ordinance) or
with private restrictions placed upon property by
covenant, deeds, easement or other private agreement.
Wherever the requirements of this ordinance are at
variance with the requirements of any other lawfully
adopted rules, regulations, ordinances, deed restrictions,
or covenants, the most restrictive or that imposing the
higher standards shall govern.
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SECTION 3
ADMINISTRATION AND ENFORCEMENT;
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
3.1 ADMINISTRATION AND ENFORCEMENT - The Administrative
Official appointed by the City Manager shall administer
and enforce this ordinance. He shall be provided with the
assistance of such other persons or consultants as the
City Council may direct. If the Administrative Official
shall find that any of the provisions of this ordinance
are being violated, he shall notify in writing the
landowner or person responsible for the violation in-
dicating the nature of the violation and ordering the
action necessary to correct it. He shall order
discontinuance of any illegal use of land, buildings, or
structures; removal of illegal buildings or structures or
of illegal additions, alterations or structural changes;
discontinuance of any illegal work being done; or shall
take any other action authorized by this ordinance to
ensure compliance with or to prevent violation of its
provisions.
3.2 COMPLAINTS REGARDING VIOLATIONS - Whenever a violation of
this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint with the
Administrative Official, such complaint stating fully the
causes and basis thereof. The Administrative Official
shall properly record such complaint, immediately
investigate, and take action thereon as provided by this
ordinance. The Administrative official, or his duly
authorized representative, shall have the right to enter
upon any premises in the City at reasonable times for the
purpose of making inspections of buildings or premises
necessary to carry out the enforcement of this ordinance.
3.3 BUILDING PERMITS REQUIRED - No building or other structure
shall be erected, moved, added to, or structurally altered
without a permit therefor, issued by the Administrative
Official. No building permit shall be issued by the
Administrative Official except in conformity with the
provisions of this ordinance, unless he receives a written
order from the Zoning Board of Adjustment in the form of
an administrative review, special exception, or variance
as provided by this ordinance.
3.4 APPLICATION FOR BUILDING PERMIT - All applications for
building permits shall be accompanied by plans in
duplicate drawn to scale showing the actual dimensions and
shape of the lot to be built upon, the exact sizes and
locations on the lot of buildings already existing, if
any, and the location and dimensions of the proposed
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building or alteration. The application shall include
such other information as lawfully may be required by the
Administrative Official, including existing or proposed
buildings or alteration, existing or proposed uses of the
building and land, the number of families, housekeeping
units, or rental units the building is designed to
accommodate, conditions existing on the lot, and such
other matters as may be necessary to determine conformance
with and provide for the enforcement of this ordinance.
The copy of the plan shall be returned to the applicant by
the Administrative Official, after he shall have marked
such copy either as approved or disapproved and attested
to same by his signature on such copy. The original plan,
similarly marked, shall be retained by the Administrative
Official.
3.5 EXPIRATION OF BUILDING PERMIT - If actual construction of
the work described in any building permit has not begun
within six (6) calendar months from the date of issuance
thereof, said permit shall expire; it shall be cancelled
by the Administrative Official; and written notice thereof
shall be given to the original applicant at the address
given in such application. Actual construction is hereby
defined to include the placing of construction materials
in permanent position and fastened in a permanent manner;
except that where demolition or removal of an existing
building has been substantially begun preparatory to
rebuilding, such demolition or removal shall be deemed to
be actual construction, provided that work shall be
diligently carried on until completion of the building
involved.
If the work described in any building permit has not been
completed within two years of the date of issuance or
extension thereof, said permit shall expire and be
cancelled by the Administrative Official, and written
notice thereof shall be given to the persons affected,
together with notice that further work as described in the
cancelled permit shall not proceed unless and until a new
building permit has been obtained.
3.6 CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW ALTERED AND
CHANGED USES - It shall be unlawful to use or occupy or
permit the use or occupancy of any premises or any
building or structure, or any part thereof which is
hereafter erected, reconstructed, altered, enlarged or
moved onto any premises until a certificate of occupancy
shall have been issued therefor by the Administrative
Official stating that the proposed use of the building or
land conforms to the requirements of this ordinance, as
well as ordinances relating to the health laws, building
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codes, electrical and plumbing codes, and other
development and health and safety ordinances of the city.
a. A temporary certificate of occupancy may be issued by
the Administrative Official for a period not
exceeding six (6) months during the alteration or
partial occupancy of a building pending its
completion, provided that such temporary certificate
includes such conditions and safeguards as will
protect the safety of the occupants and the public.
b. The Administrative Official shall maintain a record
of all certificates of occupancy, and a copy shall be
furnished upon request to any person.
C. Failure to obtain a certificate of occupancy shall be
a violation of this ordinance.
3.7 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS
PLANS. PERMITS AND CERTIFICATES OF OCCUPANCY - Building
permits or certificates of occupancy issued on the basis
of plans and applications and approved by the
Administrative Official shall authorize only the use,
arrangement, and construction set forth in such approved
plans and applications and no other use, arrangement or
construction shall be permitted.
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SECTION 4
DEFINITIONS
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:
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.
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.
ADMINISTRATIVE OFFICIAL - The official, or his designee,
appointed by the City Manager to enforce and administer the
terms of this ordinance. The individual whose decisions and
interpretations are appealed to the Zoning Board of
Adjustment.
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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.
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.
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."
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.
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
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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.
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.
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.
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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.
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.
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
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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.
DECIBEL (db) - The physical unit commonly used to describe
noise levels; the unit of level such as the sound pressure
level. One decibe11,14s the level of the squared sound
pressure that is 10 = 1.259 times the squared reference
sound pressure; also, Modecibel is the level of the sound
pressure that is 10 = 1.122 times the reference
pressure.
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.
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.
DWELLING, MOBILE/MODULAR HOME - A detached residential
dwelling unit designed for transportation after fabrication
on streets or highways on its own wheels or on a flatbed or
other trailer and arriving at the site where it is to be
occupied as a dwelling complete and ready for occupancy
except for minor and incidental unpacking and assembly
operations, location on jacks or other temporary or
permanent foundations, connections to utilities, and the
like. A travel trailer is not to be considered as a mobile
home.
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).
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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.
FRONT YARD - See "YARD. FRONT."
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.
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
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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, 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 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
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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;
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.
HEIGHT OF BUILDINGS - The vertical distance of a building
measured from the average established grade at the street
line or from the average natural front yard ground level,
whichever is higher, to (1) the highest point of the roof's
surface, if a flat surface, (2) to the deck line of mansard
roofs, or (3) to the mean height level between eaves and
ridge for hip and gable roofs, and in any event, excluding
chimneys, cooling towers, elevator bulkheads, penthouses,
tanks, water towers, radio towers, ornamental cupolas, domes
or spires, and parapet walls not exceeding ten (10) feet in
height. If the street grade has not been officially
established, the average front yard grade shall be used for
a base level.
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:
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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;
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.
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,
4-9
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 - Any lot or premises on which four (4) or more dogs,
cats or other domestic animals at least four (4) months of
age are housed or accepted for boarding, trimming, grooming
and/or bathing.
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.
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 weighting 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 loading space is not to be included as
off-street parking space in computation of required off-
street parking space.
LOT - For purposes of this ordinance, a lot is 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. A
lot shall have frontage on an improved public street, or an
approved private street, and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
C. A combination of complete lots of record, of complete
lots of record and portions of lots of record, or of
portions of lots of record.
d. A parcel of land described by metes an bounds, provided
that in no case of division or combination shall any
4-10
residual lot or parcel be created which does not meet
the requirements of this ordinance.
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 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 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 be considered to mean the mean
horizontal distance between side lines measured at
right angles to the depth.
LOT OF RECORD - A lot which is part of a subdivision
recorded in the office of the County Clerk, or a lot or
parcel described by metes and bounds, the description of
which has been so recorded prior to the adoption of this
ordinance.
4-11
LOT TYPES - The diagram below illustrates terminology used
herein with reference to regular, corner, interior, reversed
frontage and through lots.
B 8 B A
8 3
AM A-0 rTB
6 8
A C
B B B-0 LA
A-D B
B B
B
B A FA B
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).
4-12
MAIN (PRINCIPAL) BUILDING - The building or buildings on a
lot which are occupied by the primary use.
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.
MOBILE/MODULAR HOME - See DWELLING. MOBILE/MODULAR HOME.
MOBILE OR MODULAR HOME PARK OR SUBDIVISION - A parcel of
land upon which two or more mobile or modular homes are
placed or located for purposes of occupancy.
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.
OPEN SPACE - Area included in any side, rear or front yard
or any unoccupied space on the lot that is open and unob-
structed to the sky except for the ordinary projections of
cornice eaves or porches.
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 unpacked without moving another.
4-13
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.
PERMITTED USE - Any use allowed in a zoning district and
subject to the restrictions applicable to that zoning
district.
PLANNING AND ZONING COMMISSION - The agency appointed by the
City Council as an advisory body to it and which is author-
ized 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.
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 the principal
means of vehicular access to property abutting thereon.
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 spec-
ifically provided for in specific district regulations
otherwise in this ordinance.
4-14
RECREATIONAL VEHICLE - A vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling,
self-propelled or to be towed behind a motor vehicle without
a special permit.
RESIDENCE - Same as a dwelling; also when used with the word
District, an area of residential regulations.
REVERSED FRONTAGE - Reversed frontage is a lot abutting two
or more streets at their intersection. A reversed frontage
lot shall be deemed to front on that street at which it has
its greatest frontage unless otherwise specified by the
Administrative Official.
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."
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.
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 atten-
tion 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:
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 dis-
played in connection with commercial promotion;
4-15
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.
SPECIAL EXCEPTION - A special exception is a use that would
not be appropriate generally or without restriction through-
out 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.
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.
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
4-16
*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 in-
cluding openings in bearing walls as permitted by the City
Building Code.
THOROUGHFARE (OR COLLECTOR STREETS - As defined in the
City's latest approved Comprehensive Plan.
TOURIST HOME OR DUDE RANCH - A dwelling in which accommoda-
tions 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 of record.
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 pp. 4-19 and 4-20).
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 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.
4-17
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 pp. 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.
4-18
I. LOT WIDTH
FRONT TARO / 'm un; PROIIT U48
SUILOINO LNIt 0AIp LOW
• •
• LOT nIOTN • •
I ( • LOT ~MIOT11 LOT WIOTN
• 1 1 I
1 1 ~
(A) le)
(C)
2. LOT DEPTH
STREET STREET
_N7
• I I I
• ~
a
• ~ 1 I •
W
• • _Ir
• ~o' . 1 • J
I ~ • '
•
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ALLEY fA` NT _
_I
(e) •---4. ua
(A)
3. YARDS
eTRter
STREET
FRONT TARO
• ►ROMT TARO
MID POINT ON •
LOT LINE •
•
0 ° BUILDING AREA rRIESIDENTIAL BUILDING AREA
_
RUCTURE •
SO % OF TONS ,
N AREA MAY BE BUILDING LINE SOX OF THIS
I COVERED BY • AREA MAY BE •
STRUCTURE I COVERED BY
• • STRUCTURE
NO ALLEY OR EASEMENT
r All R-~~
EASEMENT
4-19
STREET STREET / I
FRONT Of LOT
DIMENSION LEAST
IOtMEN510NS~ STREET
I~n MAY BE VAIMI i /
la W °¢I ON PLAT } W - -
PROVED BYI W FRONT YARD
&P
I THE PLANNINGi p ►a- i \
I c AM ZONING t a
I~ 4nI Cowwssum J "
N i REAR YARD Q
LOT PLATTED PRIOR LOT PLATTED AFTER THIS BUILDING LINE.
TO EFFECTIVE DATE EFFECTIVE DATE OF MAY BE VARIED FROM
OF ORDINANCE ORDINANCE <i FRONT YARD STANDARD
y ~ IF APPROVED ON PLAT
4. CORNER LOT Z
a
BUILDING LINE FOR
ACCESSORY BUILDING
ESTABLISHED BY
STREET PLAT OR ORDINANCE
FRONT
STANDARD YARD
METHOD OF MEASURING FTT
N
1' FRONT YARD BORDS '
FRONTAGES
SPECIFIED FRONT YARD
FRONT FRONT
' YARD YARD
'PROPERTY
LINE STREET
i DOUBLE FRONTAGE
LOTS
6.
IN SPLIT ZONING FRONT YARD REMAINS
UNIFORM THROUGHOUT BLOCK
SF-2 SF•Z SF-2 SF-2 i NS NS NS NS
- - FRONli YARD - -
STREET
7'
FRONT YARD WHERE ZONING
CHANGES IN A BLOCK
4-20
SECTION 5
ESTABLISHMENT OF DISTRICTS; PROVISIONS FOR
OFFICIAL ZONING MAP. ZONING CHANGES AND ANNEXATIONS
5.1 OFFICIAL ZONING MAP - The City of Southlake is hereby
divided into zones, or districts, as shown on the Official
Zoning Map which, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a
part of this ordinance. No building permit, certificate of
occupancy or other permit shall be issued, nor shall any use
be made of land or any building or structure within the City
of Southlake unless such land is located in one of the
aforesaid zoning districts. If because of error or omission
in the Official Zoning Map any property in the City of
Southlake is not shown as being in a zoning district as
defined in this ordinance, or if for any other reason the
zoning cannot be properly determined on any property in the
City of Southlake, such property shall be classified as "AG"
Agricultural until changed by amendment.
The Official Zoning Map shall be identified by the signature
of the Mayor, attested by the City Secretary, and bear the
seal of the City under the following words: "This is to
certify that this is the Official Zoning Map referred to in
Ordinance No. 480 of the City of Southlake, Texas, adopted
September 19, 1989."
The Official Zoning Map shall be made current from time to
time to reflect the changes and amendments, if any, that are
approved by the City Council. Any unauthorized change of
whatever kind in the official Zoning Map by any person shall
be prohibited.
The Official Zoning Map shall be located in the Southlake
City Hall.
5.2 REPLACEMENT OF OFFICIAL ZONING MAP - In the event that the
Official Zoning Map becomes damaged, destroyed, lost, or
difficult to interpret because of the nature or number of
changes and additions, the City Council may by resolution
adopt a new Official Zoning Map which shall supersede the
prior Official Zoning Map and bring the Official Zoning Map
up-to-date to reflect any and all amendments or changes in
the same.
5.3 BOUNDARIES OF DISTRICTS - Where uncertainty exists as to the
boundaries of districts as shown on the Official Zoning Map,
the following rules shall apply:
a. Boundaries indicated as approximately following the
5-1
centerlines of streets, highways, or alleys shall be
construed to follow such centerlines;
b. Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot
lines;
C. Boundaries indicated as approximately following city
limits shall be construed as following city limits;
d. Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks;
e. Boundaries indicated as following shore lines shall be
construed to follow such shore lines and in the event
of change in the shore line shall be construed as
moving with the actual shore line; boundaries indicated
as approximately following the centerlines of streams,
rivers, canals, lakes, or other bodies of water shall
be construed to follow such centerlines.
f. Boundaries indicated as parallel to, or extensions of,
features indicated in subsections a. through e. above
shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be
determined by the scale of the map;
g. Where physical or cultural features existing on the
ground are at variance with those shown on the Official
Zoning Map or in other circumstances not covered by
subsections a. through f. above, the City Council shall
interpret the district boundaries.
5.4 ANNEXATION OF PROPERTY
a. All territory hereafter annexed into the City of
Southlake shall be temporarily classified as "AG" -
Agricultural unless a permanent zoning classification
is placed upon the property at the time of annexation.
In the event any zoning other than "AG" Agricultural is
requested at the time of annexation, all requirements
of Section 46 of this ordinance shall be complied with,
including all public notices and public hearings as
required by this ordinance or by state law.
b. The procedure for changing the zoning on any newly
annexed territory shall be the same as required in
Section 46.
C. In an area classified as "AG - Agricultural District,"
building permits and certificates of occupancy may be
issued for all uses permitted in the "AG" District
5-2
subject to all of the requirements and regulations
specified for the district.
d. Building permits and certificates of occupancy for uses
other than those permitted in "AG - Agricultural
District" may not be issued in an annexed territory
until proper rezoning for such property has been
achieved.
5-3
SECTION 6
NONCONFORMING USES
6.1 INTENT - Within the districts established by this ordinance
or amendments thereto that may later be adopted, there exist
lots, structures, and uses of land and structures which were
lawful before this ordinance was passed or amended, but
which would be prohibited, regulated, or restricted under
the terms of this ordinance or future amendments. It is the
intent of this ordinance to permit these nonconformities to
continue (whether by the same or different owners or
tenants) until they are removed, but not to encourage their
survival. Such uses are declared by this ordinance to be
incompatible with permitted uses in the districts involved.
It is further the intent of this ordinance that noncon-
formities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses
prohibited elsewhere within the same district. A
nonconforming use of a structure or land shall not be
extended or enlarged after passage of this ordinance by the
addition of uses of a nature which would be prohibited
generally in the district involved.
6.2 EXISTING BUILDING PERMITS - To avoid undue hardship, nothing
in this ordinance shall be deemed to require a change in the
plans, construction, or designated use of any building or
land development project for which a building permit was
lawfully issued no more than six months prior to the date of
adoption or amendment of this ordinance. Construction on a
building permit issued prior to the adoption of this
ordinance must be begun within six months of the adoption
date and must be completed within two years of adoption as
under Section 3.5, "Expiration of Building Permit." Such
permit shall not be renewed or extended without all other
conditions of this zoning ordinance having been met.
6.3 SIZE NONCONFORMITY OF LOTS OF RECORD - In any district in
which single-family dwellings or commercial buildings are
permitted, notwithstanding limitations imposed by other
provisions of this ordinance, a single-family dwelling or
commercial building and customary accessory buildings may be
erected on any single lot of record at the effective date of
adoption or amendment of this ordinance where zoning under
this ordinance is otherwise proper. This provision shall
apply even though such lot fails to meet requirements for
width or area, or both, that are generally applicable in the
district, provided that yard dimensions and other
requirements not involving area or width, or both, of the
lot shall conform to the regulations for the district in
which such lot is located. Variance of yard requirements
shall be obtained only through action of the Board of
Adjustment.
6-1
6.4 NONCONFORMING USES OF LAND - Where, at the effective date of
adoption or amendment of this ordinance, lawful use of land
exists that is made no longer permissible under the terms of
this ordinance as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject
to the following provisions:
a. No such nonconforming use shall be enlarged or
increased, nor extended to occupy a greater area of
land than was occupied at the effective date of
adoption or amendment of this ordinance;
b. No such nonconforming use shall be moved in whole or in
part to any other portion of the lot or parcel occupied
by such use at the effective date of adoption or
amendment of this ordinance;
C. If any such nonconforming use of land ceases for any
reason for a period of more than six (6) consecutive
months or for eighteen (18) months during any
three-year period, any subsequent use of such land
shall conform to the regulations specified by this
ordinance for the district in which such land is
located;
d. No additional building not conforming to the
requirements of this ordinance shall be erected in
connection with such non-conforming use of land.
6.5 NONCONFORMING STRUCTURES - Where a lawful structure exists
at the effective date of adoption or amendment of this
ordinance that could not be built under the terms of this
ordinance by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or
its location on the lot, such structure may be continued so
long as it remains otherwise lawful, subject to the
following provisions:
a. Such structure may not be enlarged in a way which
increases its nonconformity;
b. Such structure may not be altered in a way which
increases its nonconformity;
C. Should such structure be destroyed by any means to an
extent of more than fifty percent (50%) of its
replacement cost at time of destruction, it shall not
be reconstructed except in conformity with the
provisions of this ordinance; however, a single family
dwelling may be reconstructed in a way which does not
increase its nonconformity from the original structure.
6-2
d. Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the
regulations of the district in which it is located
after it is moved.
6.6 NONCONFORMING USES OF STRUCTURES - If a lawful use of a
structure, or structure and land in combination, exists at
the effective date of adoption or amendment of this
ordinance, that would not be allowed in the district under
the terms of this ordinance, the lawful use may be continued
so long as it remains otherwise lawful subject to the
following provisions:
a. No existing structure devoted to a use not permitted by
this ordinance in the district in which it is located
shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in
changing the use of the structure to a use permitted in
the district in which it is located;
b. A nonconforming use, if changed to a conforming use,
may not thereafter be changed back to a nonconforming
use. A nonconforming use, if changed to a more
restrictive nonconforming use, may not be thereafter
changed except to an equal or to a more restricted use.
C. Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or
designed for such use at the time of adoption or
amendment for this ordinance, but no such use shall be
extended to occupy any land outside such building;
d. Any structure, or structure and land in combination, in
or on which a nonconforming use is superseded by a
permitted use, shall thereafter conform to the
regulations for the district in which such structure is
located, and the nonconforming use may not thereafter
be resumed;
e. When a nonconforming use of a structure, or structure
and land in combination, is discontinued or abandoned
for six (6) consecutive months or for eighteen (18)
months during any three (3) year period, the structure
and land thereafter shall not be used except in
conformance with the regulations of the district in
which it is located;
f. Where nonconforming use status applies to a structure
and land in combination, removal or destruction of the
structure shall eliminate the nonconforming status of
the land. Destruction, for the purpose of this
subsection, is defined as damage to an extent of more
6-3
than fifty (50%) percent of the replacement cost at
time of destruction.
6.7 REPAIRS AND MAINTENANCE - On any building devoted in whole
or in part to any nonconforming use, work may be done in any
period of 12 consecutive months on ordinary repairs, or on
repair or replacement of nonbearing walls, fixtures, wiring
or plumbing, to an extent not exceeding twenty-five percent
(25%) of the current replacement value of the building,
provided that the cubic content of the building as it
existed at the time of passage or amendment of this
ordinance shall not be increased.
If a building or portion of a building containing a
nonconforming use becomes physically unsafe or unlawful due
to lack of repairs and maintenance, and is declared by any
duly authorized City official to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be
restored, repaired, or rebuilt except in conformity with the
regulations of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any
building or part thereof declared to be unsafe by any
official charged with protecting the public safety, upon
order of such official.
6.8 SPECIAL EXCEPTION USES: NOT NONCONFORMING USES - Any use
for which a special exception or special use permit is
granted pursuant to this ordinance shall not be deemed a
nonconforming use, but shall without further action be
deemed a conforming use in such district only for the single
property granted such exception.
Any special exception or special use permit heretofore
granted by the City Council which is existing at the
effective date of this ordinance shall be considered a
non-conforming use and shall be subject to all terms of this
ordinance relating to non-conforming uses, unless the zoning
classification under this ordinance for the property to
which the special use attaches allows that particular use.
Any special exception use which has expired or which is not
in compliance with the conditions placed upon such use shall
not be permitted to continue.
6-4
SECTION 7
GENERAL DISTRICT REGULATIONS
7.1 DISTRICTS - In order to regulate and restrict the location
of trades and industries and the location of buildings
erected, reconstructed, altered or enlarged for specified
uses, to regulate and limit the height and bulk of
buildings hereinafter erected, reconstructed, altered or
enlarged, to regulate and determine the area of yards and
other open spaces and to regulate and limit the density of
population, the city of Southlake is hereby divided into
twenty-six (26) zoning districts to be known as follows:
1. CS Community Service District or District "CS"
2. AG Agricultural District or District "AG"
3. RE Single Family Residential Estate District or
District "RE"
4. SF-1A Single Family Residential District or District
"SF-1A"
5. SF-1B Single Family Residential District or District
"SF-1B"
6. SF-30 Single Family Residential District or District
"SF-30"
7. SF-20A Single Family Residential District or District
"SF-20A"
8. SF-20B Single Family Residential District or District
"SF-20B"
9. MF-1 Two Family Residential District or District
" MF- 1 "
10. MF-2 Multiple Family Residential District or District
"MF-2"
11. 0-1 Office District or District 110-1"
12. 0-2 Office District or District 110-2"
13. C-1 Neighborhood Commercial District or District
" C - 1 "
14. C-2 Local Retail Commercial District or District
"C-2"
7-1
15. C-3 General Commercial District or District 11C-3"
16. C-4 Arterial Mall Commercial District or District
"C-4"
17. B-1 Business Service Park District or District 11B-1"
18. B-2 Commercial Manufacturing District or District
"B-2"
19. I-1 Light Industrial District or District "I-1"
20. I-2 Heavy Industrial District or District 11I-2"
21. HC Hotel District or District "HC"
22. MH Manufactured Housing District or District "MH"
23. PUD Planned Unit Development District or District
"PUD"
24. S-P-1 (Detailed) Site Plan District or District "S-P-
1"
25. S-P-2 (Generalized) Site Plan District or District
"S-P-2"
The term "more restricted district" means one with fewer
permitted uses, and the term "less restricted district"
means one with more permitted uses.
7.2 PERMITTED USES - All uses permitted in a particular zoning
district are specifically listed in each district. Any
use not expressly authorized and permitted is expressly
prohibited. No building or structure shall hereafter be
erected, reconstructed, altered, enlarged or moved onto a
lot, nor shall any building or land be used, for any
purpose other than is permitted in the district in which
such building or land is located.
7.3 COMPLIANCE WITH DEVELOPMENT REGULATIONS - No building or
structure that is hereafter erected, reconstructed,
altered, enlarged, or moved onto a lot shall exceed the
height, setback, floor area, lot coverage, density or
other development regulations of the district in which it
is located.
7.4 LOT OF RECORD - Every building hereafter erected shall be
located on a lot of record as herein defined, unless the
lot is described by metes and bounds by an instrument
recorded in the Tarrant County Deed Records prior to
January 7, 1969 or the date of annexation, whichever is
7-2
later. In no case shall there be more than one dwelling
on a lot of record except in accordance with a PUD, S-P-1
or S-P-2 development or except as otherwise provided in
this ordinance. No building or structure may be
constructed across existing platted lot lines unless a
replat is approved and filed of record.
7.5 LOTS TO HAVE ACCESS - Every building or structure
hereafter erected, reconstructed, altered, enlarged or
moved onto a lot shall be on a lot adjacent to an approved
public or private street and shall be so located so as to
provide safe and convenient access for servicing, fire
protection, and required off-street parking.
7-3
SECTION 8
"CS" COMMUNITY SERVICE DISTRICT
8.1 PURPOSE AND INTENT - The "CS" Community Service District
is designed to permit those institutional and related uses
which are established in response to the educational,
safety and welfare needs of the community. These uses are
separated from others in the community due to their unique
service and often very special area requirements. Their
placement should not be arbitrary, but should be located
to respond to the community needs.
8.2 PERMITTED USES
a. Public, semi-public and parochial/private kinder-
gartens, elementary and secondary schools whose
curricula satisfy the requirements of the State
Public School Laws and the regulations of the State
Department of Education.
b. Higher education institutions: Junior and senior
colleges, universities, conservatories and
seminaries, offering curricula recognized by
collegiate, academic and professional organization
accrediting boards.
C. Museums, libraries, fine arts centers, and similar
cultural facilities sponsored, operated or maintained
for the benefit of the general public.
d. Golf courses (except commercially operated miniature
golf courses and commercially operated golf driving
ranges) on a site containing a total area of not less
than forty (40) acres; parks, playgrounds, community
centers and country clubs.
e. Institutions, rehabilitation and training centers
offering non-academic programs, when operated or
sponsored by chartered educational, religious, or
philanthropic organizations, but excluding uses such
as trade schools, which are operated primarily on a
commercial basis.
f. Public safety facilities: Civil defense operational
centers, police and fire stations and training
facilities.
g. Utility buildings and structures: power sub-
stations, water tanks and reservoirs, water and
sewage treatment plants.
8-1
h. Religious institutions: churches and facilities for
worship, fellowship, and education.
i. City halls or other municipal office uses.
8.3 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.
8.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
8.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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 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.
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.
8-2
SECTION9
"AG" AGRICULTURAL DISTRICT
9.1 PURPOSE AND INTENT - The purpose of the "AG" Agricultural
District is to provide for compatible land, building and
structure uses primarily oriented to agricultural farming
and ranching, and extremely low density residential
purposes. The district may also serve as (1) a
transitional land use element pending future, more
intensive urbanization; (2) open space for the protection
and enhancement of scenic areas, vistas, and recreational
uses; and (3) low density development where unusual or
problematic soils, topographic conditions or sensitive
ecological features are present that would normally not be
conducive or appropriate to more intensive forms and
patterns of urbanization.
9.2 PERMITTED USES
a. Agricultural Uses - Farms, ranches, orchards, truck
gardens, nurseries for the growing of plants and
similar agrarian activities involving the growing of
plants and raising and pasturing of livestock,
including accessory feeding pens but not commercial
feeding pens, provided that no operation shall be
obnoxious or offensive.
b. Residential Uses
1. Single family detached dwellings housing the
owner or operator of the agricultural use upon
which said dwelling is situated or to be
situated, provided the site area allocation to
said residential dwelling use shall not be less
than one (1) acre.
2. Supplemental single family detached dwelling
used exclusively for the housing of full-time
employees employed on the premises for the
express purpose of managing or operating the
agricultural use or uses of the owner residing
on the same tract of land.
C. Community Facility Uses - City hall, fire and police
stations and other municipal uses.
9.3 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.
9-1
9.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such 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.
9.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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 forty (40) feet.
C. Side Yard: There shall be a side yard of not less
than twenty-five (25) feet.
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet.
e. Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding ten
(10) percent of the lot area. There shall be no
specific limitation other than the ten (10) percent
lot coverage requirement on the construction of
accessory buildings.
f. Lot Area: The minimum area of a lot shall be four
hundred thirty-five thousand six hundred (435,600)
square feet.
g. Lot Dimensions: Each lot shall have a minimum width
of three hundred (300) feet and a minimum depth of
five hundred (500) feet.
h. Floor Area: The main residence shall contain a
minimum of one thousand five hundred (1,500) square
feet of floor area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 0.10.
9.6 NON-RESIDENTIAL STATUS - For purposes of calculating any
required side yards, set backs, heights or other buffering
or similar provisions, this zoning category is not to be
considered a residential classification.
9-2
SECTION 10
"RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT
10.1 PURPOSE AND INTENT - The purpose and intent of the "RE"
Single Family Residential Estate District is to provide
for compatible land, building and structure uses primarily
oriented to low density residential estate purposes,
select agricultural uses, open space uses, and select
community facility uses. The district further may serve
as a transitional element between limited residential
development and intense agricultural activities and higher
density urbanized areas of the City. Low density detached
single family residential dwellings and estate
development, along with the aforedescribed uses, comprise
the principal elements of the district.
10.2 PERMITTED USES
a. Agricultural Uses
1. Horticultural activities such as nurseries for
the growing of trees, plants, flowers, and items
of a similar nature and character for which
retail or wholesale sales are not conducted on
the premises.
2. Agricultural uses whose products are grown
primarily for on-premises consumption, such as
domestic gardening, berry or bush crops, tree
crops, flower gardening, orchards, and aviaries.
b. Residential Uses
1. Single family detached dwellings housing the
owner or operator of the agricultural use upon
which said dwelling is situated or to be
situated, provided:
(a) The site area allocated to said residential
dwelling use shall be not less than one (1)
acre; and
(b) The entire tract of land upon which said
dwelling is situated or to be situated,
including the principal single family
dwelling described in the preceding
paragraph b.l.(a) is in single ownership
and comprises a contiguous area of not less
than five (5) acres; and
10-1
(c) The minimum lot (site) width devoted to
said dwelling shall be not less than three
hundred (300) feet.
C. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries;
3. Private boat docks, swimming pools and game
courts;
4. City hall, fire and police stations and other
municipal uses; and
5. Other uses of a similar nature and character.
10.3 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.
10.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
10.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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 forty (40) feet.
C. Side Yard: There shall be a side yard of not less
than twenty-five (25) feet.
10-2
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet.
e. Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding
twenty (20) percent of the lot area, except the sum
total of accessory buildings shall not exceed one
thousand (1,000) square feet per acre.
f. Lot Area: The minimum area of a lot shall be two
hundred seventeen thousand eight hundred (217,800)
square feet.
g. Lot Dimensions: Each lot shall have a minimum width
of three hundred (300) feet and a minimum depth of
three hundred (300) feet.
h. Floor Area: The main residence shall contain a
minimum of two thousand (2,000) square feet of floor
area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 0.20.
10-3
SECTION 11
SF-1A SINGLE-FAMILY RESIDENTIAL DISTRICT
11.1 PURPOSE AND INTENT - The purpose and intent of the SF-1A
Single Family Residential District is to provide for
compatible land, building, and structure uses primarily
oriented to low density residential purposes, select
agricultural uses, open space uses, and select community
facility uses. The SF-1A district may serve as a
transitional element between limited residential
development and intense agricultural activities and higher
density urbanized areas of this City. Low density
detached single family residential dwellings and
development, along with the aforedescribed uses, comprise
the principal elements of the district.
11.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products
are grown primarily for home consumption, such as
domestic gardening, berry or bush crops, tree crops,
flower gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
C. Communit Facilit Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries;
3. Private boat docks, swimming pools and game
courts;
4. City hall, fire and police stations and other
municipal uses; and
5. Other uses of a similar nature and character.
11.3 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.
11.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
11-1
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such 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.
11.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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 forty (40) feet.
C. Side Yard: There shall be a side yard of not less
than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet.
e. Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding
twenty (20) percent of the lot area, except the sum
total of accessory buildings shall not exceed one
thousand (1,000) square feet per acre.
f. Lot Area: The minimum area of a lot shall be forty-
three thousand five hundred sixty (43,560) square
feet.
g. Lot Dimensions: Each lot shall have a minimum width
of one hundred (100) feet and a minimum depth of one
hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a
minimum of two thousand (2,000) square feet of floor
area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 1.0.
11-2
SECTION 12
SF-1B SINGLE-FAMILY RESIDENTIAL DISTRICT
12.1 PURPOSE AND INTENT - The purpose and intent, permitted
uses, accessory uses, special exception uses, and
development regulations for the SF-1B district shall be
identical to the SF-1A district as set forth in Section 11
of this ordinance, except that in the SF-1B district, the
minimum floor area of the main residence shall be one
thousand five hundred (1,500) square feet.
12-1
SECTION 13
SF-30 SINGLE FAMILY RESIDENTIAL DISTRICT
13.1 PURPOSE AND INTENT - The purpose and intent of the SF-30
Single Family Residential District is to provide for
compatible land, building, and structure uses primarily
oriented to moderately low density residential purposes,
open space uses, and select community facility uses.
Moderately low density detached single family residential
dwellings and development, along with the aforedescribed
uses, comprise the principal elements of the district.
13.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products
are grown primarily for home consumption, such as
domestic gardening, berry or bush crops, tree crops,
flower gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
C. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries;
3. City hall, fire and police stations and other
municipal uses; and
4. Other uses of a similar nature and character.
13.3 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.
13.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such other
conditions as the Board of Adjustment may impose. Any use
accessory to an approved special exception use shall be
13-1
permitted without specific approval if it complies with
the conditions for an accessory use as defined in this
ordinance.
13.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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-five (35) feet.
C. Side Yard: There shall be a side yard of not less
than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet.
e. Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding
twenty (20) percent of the lot area, except the sum
total of accessory buildings shall not exceed seven
hundred and fifty (750) square feet per acre.
f. Lot Area: The minimum area of a lot shall be thirty
thousand (30,000) square feet.
g. Lot Dimensions: Each lot shall have a minimum width
of one hundred (100) feet and a minimum depth of one
hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a
minimum of one thousand eight hundred (1,800) square
feet of floor area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 1.45.
13.6 CONCEPT PLAN - A Concept Plan meeting the requirements of
Section 41 of this ordinance is required to be submitted
with a request for zoning to an SF-30A Single Family
Residential District.
13-2
SECTION 14
SF-20A SINGLE FAMILY RESIDENTIAL DISTRICT
14.1 PURPOSE AND INTENT - The purpose and intent of the SF-20A
Single Family Residential District is to provide for
compatible land, building, and structure uses primarily
oriented to moderately low density residential purposes,
open space uses, and select community facility uses.
Moderately low density detached single family residential
dwellings and development, along with the aforedescribed
uses, comprise the principal elements of the district.
14.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products
are grown primarily for home consumption, such as
domestic gardening, berry or bush crops, tree crops,
flower gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
C. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries;
3. City hall, fire and police stations and other
municipal uses; and
4. Other uses of a similar nature and character.
14.3 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.
14.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such other
conditions as the Board of Adjustment may impose. Any use
accessory to an approved special exception use shall be
14-1
permitted without specific approval if it complies with
the conditions for an accessory use as defined in this
ordinance.
14.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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-five (35) feet.
C. Side Yard: There shall be a side yard of not less
than fifteen (15) feet.
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet, provided that on lots fronting
on a cul-de-sac, there shall be a rear yard of not
less than thirty-five (35) feet.
e. Maximum Lot Coverage: All buildings or structures
shall have a maximum lot coverage not exceeding
twenty (20) percent of the lot area, except the sum
total of accessory buildings shall not exceed five
hundred (500) square feet per acre.
f. Lot Area: The minimum area of a lot shall be twenty
thousand (20,000) square feet.
g. Lot Dimensions: Each lot shall have a minimum width
of one hundred (100) feet and a minimum depth of one
hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a
minimum of one thousand eight hundred (1,800) square
feet of floor area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 2.18.
14.6 CONCEPT PLAN - A Concept Plan meeting the requirements of
Section 41 of this ordinance is required to be submitted
with a request for zoning to an SF-20A Single Family
Residential District.
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SECTION 15
SF-20B SINGLE FAMILY RESIDENTIAL DISTRICT
15.1 PURPOSE AND INTENT - The purpose and intent, permitted
uses, accessory uses, special exception uses, development
regulations and concept plan requirements for the SF-20B
district shall be identical to the SF-20A district as set
forth in section 14 of this ordinance, except that in the
SF-20B district, the minimum floor area of the main
residence shall be one thousand five hundred (1,500)
square feet.
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SECTION 16
"MF-1" TWO FAMILY RESIDENTIAL DISTRICT
16.1 PURPOSE AND INTENT - The purpose and intent of the MF-1
Two Family Residential District is to provide for
compatible land, building, and structure uses primarily
oriented to moderately low density residential purposes,
open space uses, and select community facility uses. The
MF-1 district serves as a transitional element between
single family zones and higher density multiple family and
commercial uses. Moderately low density detached two
family residential dwellings and development, along with
the aforedescribed uses, comprise the principal elements
of the district.
16.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products
are grown primarily for home consumption, such as
domestic gardening, berry or bush crops, tree crops,
flower gardening, orchards, and aviaries.
b. Residential Uses
1. Single family detached dwellings.
2. Two family dwellings.
C. Community Facility Uses
1. Public, semi-public and private parks.
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries.
3. City hall, fire and police stations and other
municipal uses.
4. Other uses of a similar nature and character.
16.3 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.
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16.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
16.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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 forty (40) feet.
C. Side Yard: There shall be a side yard of not less
than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less
than forty (40) feet.
e. Maximum Lot Coverage: All buildings and structures
shall have a maximum lot coverage not exceeding
thirty (30) percent of the lot area, except that the
sum total of accessory buildings shall not exceed one
hundred (100) square feet per dwelling unit.
f. Lot Area: The minimum area of a lot shall be twenty
thousand (20,000) square feet.
g. Lot Dimensions: Each lot shall have a minimum width
of one hundred (100) feet and a minimum depth of one
hundred twenty-five (125) feet.
h. Floor Area: Each dwelling unit shall contain a
minimum of one thousand five hundred (1,500) square
feet of floor area.
i. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 4.36.
j. Single family dwellings must be constructed in
accordance with the development regulations
applicable in the SF-20B district.
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16.6 CONCEPT PLAN - A Concept Plan meeting the requirements of
Section 41 of this ordinance is required to be submitted
with a request for zoning to an MF-1 Two Family
Residential District.
16-3
SECTION 17
"MF-2" MULTIPLE FAMILY RESIDENTIAL DISTRICT
17.1 PURPOSE AND INTENT - The purpose and intent of the MF-2
Multiple Family Residential District is to provide for
compatible land, building, and structure uses primarily
oriented to medium to high density multiple family
dwelling use on larger tracts of land designed so as to
provide total residential amenities of open space,
recreation space, landscaping and areas of protected off-
street parking. This district is intended to be located
near high-volume thoroughfares due to the traffic-
generating probability of the medium to high density
development.
17.2 PERMITTED USES
a. Residential Uses - Multiple Family Dwellings-
Including apartments, condominiums and townhouses.
b. Community Facility Uses
1. Public, semi-public and private parks.
2. Recreation and open space including playgrounds,
parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird
and wildlife sanctuaries.
3. City hall, fire and police stations and other
municipal uses.
4. Other uses of a similar nature and character.
17.3 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.
17.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
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17.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure which is located
within one hundred (100) feet of property zoned as
single family residential shall exceed one (1) story,
nor shall it exceed thirty-five (35) feet. No
building which is located more than one hundred (100)
feet from property zoned as single family residential
shall exceed three (3) stories, nor shall it exceed
forty-five (45) feet.
b. Front Yard: Where the side of an MF-2 zoned lot
abuts on property zoned as Single Family Residential,
there shall be a front yard of not less than forty
(40) feet; where MF-2 zoned property does not abut
property zoned as Single Family Residential, then
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.
d. Rear Yard: There shall be a rear yard of not less
than twenty (20) feet except where the lot abuts
property zoned as single-family residential, there
shall be a rear yard of not less than forty (40)
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. Lot Area: The minimum area of a lot shall be forty-
three thousand five hundred sixty (43,560) square
feet.
g. Floor Area: Each dwelling unit in this district
shall have a minimum floor area of eight hundred
fifty (850) square feet.
h. Maximum Residential Density: The maximum number of
dwelling units per acre shall be 12.
i. A minimum of fifteen (15) percent of all multi-family
units within each project shall be specifically
designed for the occupancy and use of the elderly or
handicapped. These units will be provided with
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appropriate plumbing and electrical fixtures,
emergency notification and alarm devices, and shall
be designed for the arrangement and placement of
cabinets, doors, counters and door hardware to be
accessible to the elderly or handicapped.
j. All property placed in the MF-2 zoning category shall
be situated contiguous to a primary arterial,
secondary arterial or primary collector thoroughfare
as identified on the community'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 without a requirement to divert
traffic through traditional residential streets.
Wherever possible, property considered for MF-2
zoning classification should be located in close
proximity to designated pick-up points for any mass
transit systems serving the City of Southlake.
k. Any and all property considered for rezoning to the
MF-2 zoning classification should be located within
two and one-half (2 1/2) miles of a public elementary
school site. This requirement is designed to ensure
reasonable access to necessary, supportive
educational facilities to meet the needs generated by
multi-family housing intensity. Property considered
for zoning to the MF-2 zoning classification should
lie within five (5) miles of a public middle school
or junior high school facility. This requirement is
to ensure the availability of appropriate educational
support activities to meet the needs created by
multi-family housing development.
17.6 USABLE OPEN SPACE
All residential use shall provide and maintain a minimum
of two hundred and fifty (250) square feet of Usable Open
Space for each dwelling unit. For the purpose of this
ordinance, Usable Open Space is as follows:
Usable open space shall mean outdoor area, excluding
parking and other service areas, which is utilized for
livable and/or related amenity, such as outdoor living,
associated recreation and/or landscaping, and which is
open and unobstructed from its lowest level to the sky
except for roof overhangs and architectural projections.
All usable open space, unless hereinafter excepted, shall
be accessible to, and usable by, all residents residing on
the site. Private courtyards or balconies may constitute
usable open space for the purpose of calculating up to
thirty (30) percent of the total required usable open
17-3
space. Usable open space may include areas at the ground
level and/or on roofs, decks, or balconies designed for
common use; provided, that such areas meet other criteria
as hereinafter set forth. The minimum dimensions for
usable open space at the ground level shall be ten (10)
feet by ten (10) feet and the minimum area shall be one
hundred (100) square feet. The minimum dimensions for
usable open space located on roofs or decks that are
available for common use shall be twenty (20) feet by
twenty (20) feet and the minimum area shall be four
hundred (400) square feet. At least one-half of the
required open space shall be at the ground level.
17.7 SITE PLAN
a. An approved site plan shall be a prerequisite for the
granting of MF-2 Multiple Family Residential District
zoning classification and to the issuance of a
building permit or certificate of occupancy for any
property in an MF-2 Multiple Family Residential
District. Information required to be submitted,
approval of the site plan, and any administrative
action shall be in accordance with Section 40 of this
ordinance to the extent such requirements are
applicable to a residential district.
b. The purpose of the site plan review is:
1. To insure compliance with the Zoning Ordinance,
while allowing for design flexibility.
2. To assist in the orderly and harmonious
development of the City;
3. To protect adjacent uses from obstructions to
light, air, and visibility;
4. To provide compliance with fire code provisions;
5. To avoid undue concentrations of population and
overcrowding of land;
6. To facilitate the adequate provision of
transportation, water, sewage, drainage and
other public requirements.
17.8 APPROVAL OF ZONING - The Planning and Zoning Commission
shall, after conducting a public hearing, recommend
approval of an application for a multiple-family dwelling
complex if the proposed development meets all the minimum
standards established in this ordinance and other
applicable ordinances, and if the Commission finds that
17-4
the proposed development will not be detrimental to the
health, safety, or welfare of the surrounding neighborhood
or its occupants, or be substantially or permanently
injurious to neighboring property. The Commission shall
recommend disapproval or conditional approval of any
application which fails to meet the above criteria or is
in conflict with the Comprehensive Plan or the adopted
growth policies of the City.
17-5
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);
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8. Business holding and investment services;
9. Chamber of Commerce;
10. Chiropractors;
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;
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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 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
18.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure shall exceed two
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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 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.
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: Each store, shop or business shall have
a minimum of five hundred (500) square feet of floor
area, but 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.
18-4
SECTION 19
0-2 OFFICE DISTRICT
19.1 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 moderate overall intensity
of use and development when compared to other commercial
categories. As in the 0-1 District, this zoning category
is well-suited for environmentally sensitive areas and
those sites in which natural limitations make full area
utilization infeasible. It is intended to encourage and
permit general professional and business offices of high
site quality and appearance, and to provide for
landscaping and exterior design considerations to ensure
that each project developed within this zoning category is
compatible with surrounding land uses and the overall
character of the community. This district should
generally be located in close proximity to arterial and/or
collector streets which are, because of location and
development trends, suitable for the establishment of
office uses that are compatible with surrounding
residential and less-intensive office and commercial
activities thereby maintaining the character and integrity
of existing development patterns. This zoning category is
an upward transitional use designed to transition from
less-intensive residential and commercial activity to the
more intensive commercial and industrial use areas.
19.2 APPLICABLE REGULATIONS - The permitted uses, accessory
uses, special exception uses and development regulations
for the 0-2 Office District shall be identical to the 0-1
Office District as set forth in Section 18 of this
Ordinance, except in the 0-2 Office District, the maximum
height of buildings or structures shall be six (6) stories
or ninety (90) feet.
19-1
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. Architects office.
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 washaterias, provided
that the floor area of the business does not
exceed 2,500 square feet.
5. Gasoline filling stations that operate in
conjunction with small convenience stores. Such
use may contain a small car wash facility, but
may not include fender or body repairs,
mechanical services, rear-end, transmission or
engine overhaul.
6. Grocery stores and/or meat markets provided that
the floor area of the business activity shall
not exceed 3,000 square feet.
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7. Newstands 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
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 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such 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.
20.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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-
20-2
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.
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: Each store, shop or business shall have
a minimum of five hundred (500) square feet of floor
area, but 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.
Excepted from the minimum floor area requirements of
this provision are small grocery or convenience
stores, and car washing structures, that operate in
conjunction with filling stations. The minimum size
of a separate building housing such a store or car
wash facility shall be five hundred (500) square
feet. It is envisioned that such stores will be
surrounded by a larger canopy covering for the
gasoline pumps, and that the total area under roof
shall be more than two thousand (2,000) square feet.
g. All commercial uses within this district shall be
retail sales and/or service type uses selling new
merchandise only.
h. All business shall be conducted entirely within a
building. Outside storage and/or display of any type
shall be prohibited unless in accordance with Section
38 of this ordinance.
i. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
j. Outdoor storage of trash receptacles shall be at the
side or rear of the site and shall be totally
20-3
encircled or screened by fence, planting or other
suitable visual barrier.
k. 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.
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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 PERMITTED USES
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 newstands.
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
washaterias, 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.
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14. Dancing schools.
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, service stations, gasoline, oil,
washing, greasing and accessories; not including
fender or body repairs, major mechanical, rear-end,
transmission and engine overhaul.
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
21-2
and offices, stores and display rooms for the sale
and rental and medical supplies and equipment.
27. Jewelry stores.
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 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
21-3
21.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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-
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.
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: Each store, shop or business shall have
a minimum of five hundred (500) square feet of floor
area, but 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 the minimum floor area
requirements of this provision are small grocery or
convenience stores, and car washing structures, that
operate in conjunction with filling stations. The
minimum size of a separate building housing such a
store or car wash facility shall be five hundred
(500) square feet. It is envisioned that such stores
will be surrounded by a larger canopy covering for
the gasoline pumps, and that the total area under
roof shall be more than two thousand (2,000) square
feet.
g. All commercial uses within this district shall be
retail sales and/or service type uses selling new
merchandise only.
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h. All business shall be conducted entirely within a
building. Outside storage and/or display of any type
shall be prohibited unless in accordance with Section
38 of this ordinance.
i. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
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. 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.
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. Coin and stamp shops.
4. 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.
5. Commercial art galleries.
6. Conventional golf courses, including outdoor driving
ranges accessory thereto, but excluding outdoor
miniature golf courses.
7. Department stores.
8. Dry goods and notion stores without size limitation.
9. Electrical and gas appliances and supply sales,
electrical and gas repair and installation services.
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10. Hardware, paint, wallpaper stores and other home
improvement items and activities.
11. Hat shops.
12. Health and physical fitness centers and gymnasiums.
13. Hobby shops.
14. Household and office furniture, furnishings and
appliances.
15. Lodges, sororities and/or fraternities
16. 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.
17. Mortuaries, funeral homes and undertakers.
18. Music or record shops.
19. 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.
20. Pet shops.
21. Piano stores, musical instruments and supplies.
22. Plumbing and heating appliances, repair and
installation services. All storage of materials must
be indoors within this zoning district.
23. Printing, lithographing or duplicating jobs without
size limitation.
24. 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
22-2
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.
25. Skating rinks, ice and roller (indoor only).
26. Taverns, clubs, and other comparable establishments
under which the on-premises consumption 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.
27. Toy stores.
28. Upholstery shops - furniture.
29. 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 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such 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.
22.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure shall exceed three
(3) stories nor shall it exceed thirty-five (35) feet
in height.
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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.
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 sixty
(60) percent of the lot area.
f. Floor Area: Each store, shop or business shall have
a minimum of five hundred (500) square feet of floor
area, but 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 business shall be conducted entirely within a
building. Outside storage and/or display of any type
shall be prohibited unless in accordance with Section
38 of this ordinance.
i. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
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.
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k. 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.
22.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the C-3 General
Commercial District. In addition to the requirements set
forth in section 40.3 of this ordinance, the development
site plan shall provide as much detail as possible,
including, but not limited to:
a. Where buildings or structures and/or other structures
are proposed, a site plan showing the location of
each building and the minimum distance between
buildings and between the building and property
lines, street lines and/or alley lines shall be
submitted.
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, outside
storage areas, method and location of storage area
screening and points of entry from adjoining
thoroughfares.
C. A table showing net land area, ratio of building area
and outside storage areas to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative Official because of the
characteristics of the activities to be conducted on
the site.
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 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
23-1
required in Section 44.12, together with such 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.
23.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure shall exceed six
(6) stories, nor shall it exceed ninety (90) feet.
b. Front Yard: As approved by the Planning and Zoning
Commission and City Council pursuant to Site Plan
Review with requirements to be established based upon
an analysis of the location, configuration,
environmental impact and compatibility of this
project with adjacent land uses.
C. Side Yard: As approved by the Planning and Zoning
Commission and City Council pursuant to Site Plan
Review with requirements to be established based upon
an analysis of the location, configuration,
environmental impact and compatibility of this
project with adjacent land uses.
d. Rear Yard: As approved by the Planning and Zoning
Commission and City Council pursuant to Site Plan
Review with requirements to be established based upon
an analysis of the location, configuration,
environmental impact and compatibility of this
project with adjacent land uses.
e. Maximum Lot Coverage: As approved by the Planning
and Zoning Commission and City Council pursuant to
Site Plan Review with requirements to be established
based upon an analysis of the location,
configuration, environmental impact and compatibility
of this project with adjacent land uses.
f. Floor Area: As approved by the Planning and Zoning
Commission and City Council pursuant to Site Plan
Review with requirements to be established based upon
an analysis of the location, configuration,
environmental impact and compatibility of this
project with adjacent land uses.
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.
23-2
h. All business shall be conducted entirely within a
building. Outside storage and/or display of any type
shall be prohibited unless in accordance with Section
38 of this ordinance.
i. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
j. All tracts carrying a C-4 zoning designation shall be
a minimum of twenty (20) acres in size.
k. 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.
1. 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.
M. 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.
n. 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.
23.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the C-4 Arterial
Mall Commercial District. In addition to the requirements
set forth in Section 40.3 of this ordinance, the
development site plan shall provide as much detail as
possible, including, but not limited to:
a. Where buildings or structures and/or other structures
are proposed, a site plan showing the location of
23-3
each building and the minimum distance between
buildings and between the building and property
lines, street lines and/or alley lines shall be
submitted.
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, outside
storage areas, method and location of storage area
screening and points of entry from adjoining
thoroughfares.
C. A table showing net land area, ratio of building area
and outside storage areas to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative Official because of the
characteristics of the activities to be conducted on
the site.
23.7 CONCEPT PLAN - A Concept Plan meeting the requirements of
Section 41 of this ordinance is required to be submitted
with a request for zoning to a C-4 Arterial Mall
Commercial District.
23-4
SECTION 24
B-1 BUSINESS SERVICE PARK DISTRICT
24.1 PURPOSE AND INTENT - In establishing this district, the
City Council recognizes that some uses that would
otherwise fall into the Industrial category are of such a
nature that, under appropriate development controls, they
may be appropriate neighbors for areas carrying a
residential zoning classification. This district is
intended to provide for innovative and well designed
development of office, nuisance free research, and fully
enclosed industrial uses in a modern working environment.
It is intended that all uses in the B-1 district will be
compatible with adjacent single family uses, thereby
maintaining the character and integrity of existing
neighborhoods. Uses in this district should be
attractively designed to provide space for appropriate
access and internal circulation, and blend well with
adjoining uses. These sites may be located contiguous to
residentially zoned properties, but should be located in
such a manner as to preclude the necessity of travel
through residentially zoned areas to reach these sites.
This zoning classification should be carefully sited in
areas that are designed with sufficient supporting utility
infrastructure and appropriate access to arterial level
thoroughfares. This zoning category is not appropriate
for retail establishments nor any use that entails outside
storage of any kind. All permitted uses must be conducted
within an entirely enclosed structure except for permitted
accessary signs and off-street parking and loading
facilities.
24.2 PERMITTED USES
a. Office and Commercial Uses.
1. Any use permitted in 0-1 district.
2. Administrative, executive and editorial offices
for industrial organizations.
3. Apparel and millinery manufacturing and
assembly.
4. Banks.
5. Barber and beauty shops.
6. Book and stationery stores.
7. Computer manufacture and research.
24-1
8. Dry goods and apparel storage and distribution.
9. Electronic manufacture, research and assembly.
10. Funeral homes.
11. Lithograph, engraving, printing and publishing.
12. Manufacture of medical and dental equipment.
13. Manufacture of musical instruments.
14. Medical clinics.
15. Nursery yards or buildings for retail sales,
provided that incidental equipment and supplies
are primarily stored within a building or
enclosed within a screening device. Nursery
products themselves may be grown, raised, stored
and marketed outdoors. The outdoor storage and
sale of nursery products shall be exempt from
all other outdoor storage and screening
requirements contained within this ordinance.
These products are established as an exception
to all other outdoor storage and screening
requirements as by their very nature they assist
in meeting the landscaping, screening, buffering
and open space goals of the City.
16. Optical instrument and lenses manufacturing.
17. Private schools and public schools.
18. Professional and business schools.
19. Retail activity of a service nature designed to
provide direct service support to the businesses
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
24-2
marketing primarily within the immediate
vicinity of the complex site).
20. Retail uses which are reasonably related to the
principal uses within the structure provided
they do not exceed fifteen (15) percent of the
floor area of the building.
21. Scientific and professional instrument
manufacturing.
22. Security guard quarters.
23. Small parts manufacturing and assembly.
24. Studios for training in fine arts.
b. Community Facility Uses - City hall, police and fire
stations and other municipal uses.
24.3 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.
24.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
24.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure which lies within
one hundred (100) feet of any area zoned in a
residential classification shall exceed one (1) story
nor twenty (20) feet in height. Any building lying
more than one hundred (100) feet from any area zoned
in a residential classification shall not exceed two
and one-half (2 1/2) stories nor thirty-five (35)
feet in height.
b. Front Yard: Any and all lots within this District
that directly abut lots or tracts zoned in a
24-3
residential classification and which share a common
frontage upon a public street or right-of-way with
the residentially zoned property shall maintain a
minimum front yard of forty (40) feet. All the lots
within this District shall maintain a minimum front
yard of thirty (30) feet.
C. Side Yard: There shall be a side yard of not less
than fifteen (15) feet; provided, however, where a B-
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 at least one (1) foot for each one (1) foot in
height.
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: As approved by the Planning
and Zoning Commission and City Council pursuant to
Site Plan Review with requirements to be established
based upon an analysis of the location,
configuration, environmental impact and compatibility
of this project with adjacent land uses.
f. Lot Area: The minimum area of a lot in this district
shall be five (5) acres.
g. All business shall be conducted entirely within a
building. Outside storage and/or display of any type
shall be prohibited.
h. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
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.
24-4
k. The minimum distance between detached principal or
accessory buildings on the same lot shall be twenty
(20) feet.
1. All roof mounted equipment (including fans, vents,
cooling towers, etc.) which rises above the roof line
shall be adequately screened.
M. No off-street parking shall be located closer than
fifteen (15) feet to any single family zoned district
nor five (5) feet to any adjacent property line. All
parking lots within sixty (60) feet of a single
family lot shall be separated from said lot by a
screening fence or wall not less than eight (8) feet
high. The parking area shall be used for passenger
vehicles only, and in no case shall be used for
sales, repair work, storage, dismantling or servicing
of any vehicles, equipment, materials or supplies.
Parking lots shall be screened from a residential
street by use of a hedge or berm of not less than
four (4) feet in height.
n. No loading space shall be located closer than fifty
(50) feet to any lot zoned single family, unless
wholly within a completely enclosed building or
unless enclosed on all sides (except for necessary
driveways, entranceways, etc.) by a wall or other
screening device not less than eight (8) feet in
height.
o. At least forty (40) percent of the total lot area
shall be devoted to open space. Minimum open space
requirements may be calculated on the basis of the
overall development including required bufferyard,
provided that the minimum open space on any
individual lot within the development is not less
than fifteen (15) percent.
24.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the B-1 Business
Service Park District. In addition to the requirements
set forth in Section 40.3 of this ordinance, the
development site plan shall provide as much detail as
possible, including, but not limited to:
a. Where buildings or structures and/or other structures
are proposed, a site plan showing the location of
each building and the minimum distance between
buildings and between the building and property
lines, street lines and/or alley lines shall be
submitted.
24-5
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, and points of
entry from adjoining thoroughfares.
C. A table showing net land area, ratio of building area
and outside storage areas to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative Official because of the
characteristics of the activities to be conducted on
the site.
24.7 PERFORMANCE STANDARDS - The following are maximum accepted
levels of noise, vibration, smoke, particulant matter, and
toxic and noxious matter allowable for industrial uses.
If the proposed use is to emit sanitary sewage effluent
containing industrial waste or other effluent into the
City of Southlake sanitary sewage system, which is
considered by the City Engineer to be unusual or to be
capable of damaging the sanitary sewage system, a
description of methods of pre-treatment of the effluent
must accompany the Development Site Plan.
The Performance Standards report may be waived by the
Administrative Official if the proposed use is considered
not to produce the listed affects.
a. Noise. All uses or activities conducted within this
zoning classification shall conform to the following
standards for maximum allowable noise level as
measured at all points along the property line of
each tract or use:
24-6
1. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 6:00 a.m.-
9:00 p.m. shall be 85 decibels.
2. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 9:00 p.m.-
6:00 a.m. shall be 55 decibels.
3. The maximum Leq average for a business or
activity within this district shall be 65 Leq
between 7:00 a.m. and 5:00 p.m.
4. The maximum Leq average for a business or
activity within this district shall be 60 Leq
between 5:00 p.m. and 10:00 p.m.
b. Vibration. At the point of measurement taken on the
property line of the source property which has the
highest reading, the sound pressure level or impact
level of any operation or plant shall not exceed the
decibel limits for the octave bands designated in
Column I below, unless the point of measurement is
located on a property line which is also the boundary
line of a residential district, in which case the
limit set forth in Column II shall apply.
Frequency Column I Column II*
(Cycles Per Displacement Displacement
Second) (Inches) (Inches)
0 to 10 .0022 .0008
11 to 20 .0016 .0005
21 to 30 .0010 .0002
31 and Over .0005 .0001
*Steady State Vibrations, for the purpose of this
Chapter, which are continuous or, if in discrete pulses, are
more frequent than sixty (60) per minute. Impact vibra-
tions, that is discrete pulses which do not exceed sixty
(60) pulses per minute, shall not cause in excess of twice
the displacement stipulated.
C. Smoke. Particulate Matter and Visible Emissions: Smoke
or visible emissions emitted from any vent, stack,
chimney, skylight, or window shall exceed an opacity of
twenty (20) percent averaged over a five (5) minute
period. Any emission of air pollutant must be in
accordance with the requirements of the State of Texas.
Emissions shall not exceed any of the following net
ground level concentrations:
24-7
1. One hundred micrograms per cubic meter of air
sampled averaged over any five consecutive hours.
2. Two hundred micrograms per cubic meter of air
sampled, averaged over any three consecutive
hours.
3. Four hundred micrograms per cubic meter of air
sampled, averaged over any one hour.
d. Toxic and Noxious Matter: The handling processing,
storage and disposal of hazardous, toxic, or noxious
materials within this District shall be in accordance
with applicable State and Federal laws and regulations.
In addition, the Planning and Zoning Commission may
establish additional performance standards, including
set backs, beams, and buffers, for the sitting of
facilities which handle, treat, store, or dispose of
potentially hazardous or dangerous materials.
e. Odor: No operation shall permit odors to be released
which are detectable at the property line in Light
Industrial Districts and which offensively affect the
sense of smell.
f. Glare: All artificial light sources shall be shielded
so as to prevent direct rays of light from crossing a
zoning district boundary line.
g. Fire Hazards: The storage, utilization or manufacture
of solid materials or products ranging from
incombustible to moderately combustible is permitted in
accordance with applicable City codes and ordinances.
The storage, utilization or manufacture of solid
materials or products ranging from free or active
burning to intense burning is permitted in accordance
with applicable City codes and ordinances provided the
following condition is met:
Said materials or products shall be stored, utilized or
manufactured within complete enclosed buildings having
incombustible exterior walls and protected throughout
by an automatic fire extinguishing system.
The storage, utilization or manufacture of flammable
liquids or gases which produce flammable or explosive
vapors, shall be permitted in accordance with
(exclusive of storage of finished products in original
sealed containers) the City's fire code as interpreted
by the City Fire Marshal.
24-8
h. Additional Standards: The Planning and Zoning
Commission may recommend to the City Council the
establishment of additional performance standards to
protect neighboring areas and land uses from potential
industrial hazards and nuisances as necessary. In the
event that a new or unusual industrial use or activity
is proposed for location within this zoning district
and the Zoning Administrator believes that the existing
industrial performance standards shall be insufficient
to effectively protect adjacent land uses or future
uses, he shall so advise the Planning and Zoning
Commission is writing. The Planning and Zoning
Commission shall then consider whether or not
professional investigation or analysis should be
performed to identify reasonable performance standards
for the proposed use. If the Planning and Zoning
Commission should determine that additional standards
should be considered, they will identify the areas to
be studied and will forward a recommendation to the
City Council for action. The City Council shall hold a
hearing to determine if research should be undertaken
on these areas of performance standards development.
At the conclusion of this hearing, the City Council may
direct City staff to employ such consultants as are
necessary to conduct the appropriate research necessary
to develop the standards required for successful
management of the new project. Any and all costs
incurred by the City in this regard shall be chargeable
as a portion of the building permit costs or zoning
application fee (whichever is appropriate) for the
project or construction activity requiring this
research.
24-9
SECTION 25
B-2 COMMERCIAL MANUFACTURING DISTRICT
25.1 PURPOSE AND INTENT - This is the highest intensity
business zoning district found within the City of
Southlake and is intended to provide for the development
of the most intensive commercial uses and those uses
utilizing outdoor storage, display and limited
fabrication. This use is not intended to be placed
contiguous to or within close proximity to property
carrying a residential zoning classification. This zoning
category is a transitional zone between general commercial
activities and industrial level activities. 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. This zoning category is
appropriate only along major arterial thoroughfares or in
areas suitable for light industrial development. The
category exists in order to allow the City to permit
highly intensive commercial activity without the necessity
of permitting those uses allowed in an industrial
district. This zoning category will have environmental
dysfunctions that could negatively impact surrounding
development and therefore, should be carefully sited to
avoid the creation of land use conflicts. This zoning
category is not appropriate for environmentally sensitive
areas of the community. The B-2 Commercial Manufacturing
Zoning District is intended to provide a location for
wholesale warehousing and storage when such activity is a
portion of a traditional business activity.
25.2 PERMITTED USES
a. Commercial Uses.
1. Any retail establishment which sells used or
previously owned merchandise with the exception
of bona fide antique dealers or dealerships and
used motor vehicles.
2. Auto painting facilities.
3. Automobile and motorcycle sales or rental
establishments, provided that no such
establishment shall exceed two (2) acres in
size. Automobile body shops, brake shops, glass
shops, seat cover and upholstery shops and
transmission shops. Garages, storage and
repair.
25-1
4. Automobile repair/service; oil & lube shops;
muffler shops.
5. Boat sales, service and repair; recreational
vehicle storage/sales.
6. Builder's supply, stores or outlets providing
that all materials are contained within a
building.
7. Bus stations.
8. Cafe or restaurant supply dealers for fixtures.
9. Commercial warehouse facility, providing that
each individual warehouse structure does not
exceed twenty thousand (20,000) square feet.
10. Farm implement sales and service.
11. Frozen food lockers without size limitations.
12. Janitorial or cleaning services.
13. Mini-warehouses - a totally enclosed facility
involving one or more buildings and multiple
individual units, the purpose of which is
exclusively storage of goods. Retail or
wholesale, offices, manufacturing, fabrication,
service, repair or any other type of commercial
or business enterprise is expressly prohibited
from this type of facility. Storage of
hazardous or flammable materials as designated
by the Fire Marshal is expressly prohibited from
this type of facility.
14. Nursery yards or buildings for retail sales,
provided that incidental equipment and supplies
are primarily stored within a building or
enclosed within a screening device. Nursery
products themselves may be grown, raised, stored
and marketed outdoors. The outdoor storage and
sale of nursery products shall be exempt from
all other outdoor storage and screening
requirements contained within this ordinance.
These products are established as an exception
to all other outdoor storage and screening
requirements as by their very nature they assist
in meeting the landscaping, screening, buffering
and open space goals of the City.
15. Pest control services.
25-2
16. Produce markets.
17. Rental equipment store, provided that all such
equipment offered for rent is contained within a
building.
18. Retail activity of a service nature designed to
provide direct service support to the businesses
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).
19. Retail uses which are reasonably related to the
principal uses within the structure provided
they do not exceed fifteen (15) percent of the
floor area of the building.
20. Retail feed stores.
21. Road machinery sales and services (totally
within a building).
22. Store fixtures sales facility.
23. Truck sales/rental, if in conjunction with the
sale/rental of automobiles.
24. Upholstery shops - furniture.
25. Wholesale house, sales office and storage.
b. Community Facility Uses - City hall, police and fire
stations and other municipal uses.
25.3 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.
25-3
25.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
25.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure which lies within
one hundred (100) feet of any area zoned in a
residential classification shall exceed one (1) story
nor twenty (20) feet in height. Any building lying
more than one hundred (100) feet from any area zoned
in a residential classification shall not exceed two
and one-half (2 1/2) stories nor thirty-five (35)
feet in height.
b. Front Yard: Any and all lots within this District
that directly abut lots or tracts zoned in a
residential classification and which share a common
frontage upon a public street or right-of-way with
the residentially zoned property shall maintain a
minimum front yard of forty (40) feet. All the lots
within this District shall maintain a minimum front
yard of thirty (30) feet.
C. Side Yard: There shall be a side yard of not less
than fifteen (15) feet; provided, however, where a B-
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 at least one (1) foot for each one (1) foot in
height.
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: As approved by the Planning
and Zoning Commission and City Council pursuant to
Site Plan Review with requirements to be established
based upon an analysis of the location,
25-4
configuration, environmental impact and compatibility
of this project with adjacent land uses.
f. Floor Area: The minimum square footage of any
structure existing within this district shall be
three thousand (3,000) square feet.
g. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
h. 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.
25.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the B-2 Commercial
Manufacturing District. In addition to the requirements
set forth in Section 40.3 of this ordinance, the
development site plan shall provide as much detail as
possible, including, but not limited to:
a. Where buildings or structures and/or other structures
are proposed, a site plan showing the location of
each- building and the minimum distance between
buildings and between the building and property
lines, street lines and/or alley lines shall be
submitted.
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, outside
storage areas, method and location of storage area
screening and points of entry from adjoining
thoroughfares.
C. A table showing net land area, ratio of building area
and outside storage areas to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
25-5
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative OL-ficial because of the
characteristics of the activities to be conducted on
the site.
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.
25-6
SECTION 26
I-1 LIGHT INDUSTRIAL DISTRICT
26.1 PURPOSE AND INTENT - This zoning district is envisioned to
accommodate industrial, manufacturing, fabrication,
wholesale and storage activities of a low intensity
industrial or manufacturing character. This district has
been established to accommodate the location of those uses
that are clearly industrial in character, but whose
operation does not generate significant negative
environmental impacts for surrounding properties. Land
uses which will generally be found within this district
will be a mixture of uses involving fabrication,
manufacturing, assembly, processing, distribution, sale of
and repair of materials, goods, parts, products,
equipment, machinery, and other such operations incidental
to industrial uses. 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. This zoning district classification
shall be located in those areas designed to accommodate
industrial development by the provision of appropriate
supporting utility infrastructure and with appropriate
access to arterial level thoroughfares designed to
accommodate industrial level traffic. This zoning
category is not appropriate for environmentally sensitive
areas.
26.2 PERMITTED USES
a. Any use permitted in the 0-1 Office District.
b. Industrial Uses.
1. Aluminum product fabrication.
2. Armature winding.
3. Bakery, wholesale.
4. Blacksmithing or horse shoeing.
5. Broom manufacturing.
6. Cabinet or carpentry shop.
7. Candle manufacturing.
8. Candy plant or production facility.
26-1
9. Carpet cleaning operations.
10. Clothing manufacturing.
11. Cold storage warehouse without size limitation.
12. Commercial school, including trade school.
13. Compounding of cosmetics and toiletries.
14. Creamery and dairy product processing.
15. Egg storage, candling, sorting and grading.
16. Electronic components manufacturing and
assembly.
17. Feed stores.
18. Glass blowing.
19. Ice cream manufacturing.
20. Ice manufacturing and bulk ice storage.
21. Insulation application business.
22. Irrigation sales and services, including pumps
and equipment.
23. Janitorial or cleaning services.
24. Laboratory, chemical analysis, general analysis,
physical testing.
25. Linen and towel service.
26. Machine shop.
27. Mattress manufacturing or mattress renovation.
28. Manufacturing of medical and dental equipment.
29. Mini-warehouses.
30. Monument manufacture.
31. Ornamental iron works.
32. Pest control businesses.
33. Plastic fabrication.
26-2
34. Plumbing, heating, refrigeration or air
conditioning shop.
35. Public utility facilities.
36. Pump sales and service.
37. Roofing contractor business premises.
38. Sash and door manufacturing.
39. Sheet metal shop.
40. Sign manufacturing.
41. Spray painting shop.
42. Store fixture manufacturing and sales.
43. Warehouses.
44. Welding equipment and supplies.
C. Community Facility Uses - City hall, police and fire
stations and other municipal uses.
26.3 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.
26.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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. Outside storage shall be allowed if approved
by the Zoning Board of Adjustment.
26.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure which lies within
one hundred (100) feet of any area zoned in a
26-3
residential classification shall exceed one (1) story
or twenty (20) feet in height. Any building lying
more than one hundred (100) feet from any area zoned
in a residential classification shall not exceed two
and one-half (2 1/2) stories or thirty-five (35) feet
in height.
b. Front Yard: Any and all lots within this District
that directly abut lots or tracts zoned in a
residential classification and which share a common
frontage upon a public street or right-of-way with
the residentially zoned property shall maintain a
minimum front yard of forty (40) feet. All the lots
within this District shall maintain a minimum front
yard of 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.
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: As approved by the Planning
and Zoning Commission and City Council pursuant to
Site Plan Review with requirements to be established
based upon an analysis of the location,
configuration, environmental impact and compatibility
of this project with adjacent land uses.
f. Lot Area: The minimum area of a lot in this district
shall be five (5) acres.
g. Floor Area: The minimum square footage of any
structure existing or built within this district
shall be three thousand (3,000) square feet.
h. All business shall be conducted entirely within a
building unless outside storage is approved as a
special exception by the Board of Adjustment.
i. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
26-4
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. 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.
26.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the I-1 Light
Industrial District. In addition to the requirements set
forth in Section 40.3 of this ordinance, the development
site plan shall provide as much detail as possible,
including, but not limited to:
a. Where buildings or structures and/or other structures
are proposed, a site plan showing the location of
each building and the minimum distance between
buildings and between the building and property
lines, street lines and/or alley lines shall be
submitted.
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, approved
outside storage areas, and points of entry from
adjoining thoroughfares.
C. A table showing net land area and ratio of building
area to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative Official because of the
26-5
characteristics of the activities to be conducted on
the site.
26.7 PERFORMANCE STANDARDS - The following are maximum accepted
levels of noise, vibration, smoke, particulant matter, and
toxic and noxious matter allowable for industrial uses.
If the proposed use is to emit sanitary sewage effluent
containing industrial waste or other effluent into the
City of Southlake sanitary sewage system, which is
considered by the City Engineer to be unusual or to be
capable of damaging the sanitary sewage system, a
description of methods of pre-treatment of the effluent
must accompany the Development Site Plan.
The Performance Standards report may be waived by the
Administrative Official if the proposed use is considered
not to produce the listed affects.
a. Noise. All uses or activities conducted within this
zoning classification shall conform to the following
standards for maximum allowable noise level as
measured at all points along the property line of
each tract or use:
1. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 6:00 a.m.-
9:00 p.m. shall be 85 decibels.
2. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 9:00 p.m.-
6:00 a.m. shall be 55 decibels.
3. The maximum Ldn average for a business or
activity within this district shall be 65 Leq
between 7:00 a.m. and 5:00 p.m.
4. The maximum Leq average for a business or
activity within this district shall be 60 Leq
between 5:00 p.m. and 10:00 p.m.
b. Vibration. At the point of measurement taken on the
property line of the source property which has the
highest reading, the sound pressure level or impact
level of any operation or plant shall not exceed the
decibel limits for the octave bands designated in
Column I below, unless the point of measurement is
located on a property line which is also the boundary
line of a residential district, in which case the
limit set forth in Column II shall apply.
26-6
Frequency Column I Column II*
(Cycles Per Displacement Displacement
Second) (Inches) (Inches)
0 to 10 .0022 .0008
11 to 20 .0016 .0005
21 to 30 .0010 .0002
31 and Over .0005 .0001
*Steady State Vibrations, for the purpose of this
Chapter, which are continuous or, if in discrete pulses, are
more frequent than sixty (60) per minute. Impact vibra-
tions, that is discrete pulses which do not exceed sixty
(60) pulses per minute, shall not cause in excess of twice
the displacement stipulated.
C. Smoke, Particulate Matter and Visible Emissions: Smoke
or visible emissions emitted from any vent, stack,
chimney, skylight, or window shall exceed an opacity of
twenty (20) percent averaged over a five (5) minute
period. Any emission of air pollutant must be in
accordance with the requirements of the State of Texas.
Emissions shall not exceed any of the following net
ground level concentrations:
1. One hundred micrograms per cubic meter of air
sampled averaged over any five consecutive hours.
2. Two hundred micrograms per cubic meter of air
sampled, averaged over any three consecutive
hours.
3. Four hundred micrograms per cubic meter of air
sampled, averaged over any one hour.
d. Toxic and Noxious Matter: The handling processing,
storage and disposal of hazardous, toxic, or noxious
materials within this District shall be in accordance
with applicable State and Federal laws and regulations.
In addition, the Planning and Zoning Commission may
establish additional performance standards, including
set backs, beams, and buffers, for the sitting of
facilities which handle, treat, store, or dispose of
potentially hazardous or dangerous materials.
e. Odor: No operation shall permit odors to be released
which are detectable at the property line in Light
Industrial Districts and which offensively affect the
sense of smell.
f. Glare: All artificial light sources shall be shielded
26-7
so as to prevent direct rays of light from crossing a
zoning district boundary line.
g. Fire Hazards: The storage, utilization or manufacture
of solid materials or products ranging from
incombustible to moderately combustible is permitted in
accordance with applicable City codes and ordinances.
The storage, utilization or manufacture of solid
materials or products ranging from free or active
burning to intense burning is permitted in accordance
with applicable City codes and ordinances provided the
following condition is met:
Said materials or products shall be stored, utilized or
manufactured within complete enclosed buildings having
incombustible exterior walls and protected throughout
by an automatic fire extinguishing system.
The storage, utilization or manufacture of flammable
liquids or gases which produce flammable or explosive
vapors, shall be permitted in accordance with
(exclusive of storage of finished products in original
sealed containers) the City's fire code as interpreted
by the City Fire Marshal.
h. Additional Standards: The Planning and Zoning
Commission may recommend to the City Council the
establishment of additional performance standards to
protect neighboring areas and land uses from potential
industrial hazards and nuisances as necessary. In the
event that a new or unusual industrial use or activity
is proposed for location within this zoning district
and the Zoning Administrator believes that the existing
industrial performance standards shall be insufficient
to effectively protect adjacent land uses or future
uses, he shall so advise the Planning and Zoning
Commission is writing. The Planning and Zoning
Commission shall then consider whether or not
professional investigation or analysis should be
performed to identify reasonable performance standards
for the proposed use. If the Planning and Zoning
Commission should determine that additional standards
should be considered, they will identify the areas to
be studied and will forward a recommendation to the
City Council for action. The City Council shall hold a
hearing to determine if research should be undertaken
on these areas of performance standards development.
At the conclusion of this hearing, the City Council may
direct City staff to employ such consultants as are
necessary to conduct the appropriate research necessary
to develop the standards required for successful
management of the new project. Any and all costs
26-8
incurred by the City in this regard shall be chargeable
as a portion of the building permit costs or zoning
application fee (whichever is appropriate) for the
project or construction activity requiring this
research.
26-9
SECTION 27
I-2 HEAVY INDUSTRIAL DISTRICT
27.1 PURPOSE AND INTENT - This zoning district is designed to
accommodate heavy industrial uses and those activities
which clearly generate significant negative environmental
impacts which might negatively affect surrounding
properties. This zoning classification is the most
intensive use classification within the City of Southlake.
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.
This zoning classification 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 the uses permitted within this
zoning classification should be carefully considered in
determining which areas of the City are suitable for this
classification.
27.2 PERMITTED USES
1. All uses permitted within the I-1 Light Industrial
Zoning Classification.
2. Agricultural implement and tractor sales and service.
3. Automobile and motorcycle sales, rental and service.
4. Bottling Plants.
5. Brick, tile, pottery, or teracotta manufacturing.
6. Building material storage.
7. Bus terminal, maintenance shop.
8. Contractor's plan or storage yards.
9. Corrugated metal manufacture.
10. Cotton storage.
11. Electroplating activities.
12. Feed grinding and processing.
13. Flour mills.
27-1
14. Food products manufacture, unless otherwise
classified within this ordinance.
15. Grain elevator and storage.
16. Lumber yards.
17. Machine shops without size limitation.
18. Milling, custom.
19. Mobile Home manufacturing.
20. Mobile Home sales.
21. Mobile Home storage.
22. Moving, storage, packing of household goods, crate
manufacturing.
23. Oil well equipment sales, service and/or storage.
24. Pharmaceutical manufacturing.
25. Pre-fabricated or ready built house or portable
building manufacturing and sales.
26. Printing plant or newspaper in excess of 5,000 square
feet.
27. Railroad yards or shops.
28. Refrigerator manufacture.
29. Road machinery sales and service.
30. Rolling mills.
31. Salt works.
32. Sandblasting.
33. Septic tank services.
34. Steel fabrication plants.
35. Stone cutting other than monument works.
36. Tank manufacture.
37. Textile manufacturing.
27-2
38. Tile roofing manufacturing.
39. Trailer or camper manufacturing.
40. Trailer or truck sales, long-term leasing or service.
41. Truck or railway freight terminal, depot or station.
42. Truck stops.
43. Truck terminals, maintenance or storage.
44. Warehousing.
45. Welding shops.
46. Any and all other uses of a manufacturing character
not specifically identified under the terms and
conditions of the I-1 or I-2 permitted use list or
permitted or identified as a special exception use.
In the event that question exists as to whether a use
should appropriately be located in the I-2 zone when
it is not listed elsewhere, the Administrative
Official is empowered to make a determination as to
whether it is most appropriate for location in the I-
2 Heavy Industrial Zoning classification. Any party
aggrieved by the decision of the Administrative
Official may appeal said interpretation to the Board
of Adjustment as provided by the terms of this
ordinance and state law.
27.3 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.
27.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
When petroleum operations are permitted by the Zoning
Board of Adjustment as a special exception use in I-2,
such use is further conditioned by the following
provisions:
27-3
(a) Development Regulations - The development regulations
set forth in Section 27.5 apply with the following
additions and changes:
(1) The height restriction as set out in Section
27.5(a) apply to buildings designed for human
occupancy and are not intended to regulate the
height of towers, fuel storage tanks, antennas
or other accessory or ancillary structures. The
maximum height of non-building structures shall
be limited to fifty (50) feet but this number
may be exceeded by approval of the Board of
Adjustment as outlined in Section 33.5(b) of
this ordinance.
(2) Section 27.5(g) shall not apply to petroleum
operations.
(3) Delivery Routes: Each petroleum operation
business within the I-2 zoning classification
shall provide the Zoning Administrator with a
route map showing the roadways over which normal
delivery or transfer operations of petroleum
products will occur in relation to the normal
business operations of that activity. The
purpose of this requirement is to assist the
police department and fire department of the
City of Southlake to prepare appropriate
emergency response plans to assist in managing
any accident relating to the movement of
quantities of petroleum product through the
City. The delivery route plan shall consist of
a map outlining the routes used by delivery
equipment or systems. A narrative shall
accompany the map explaining the type of
products moved and the general schedule of
movements of these products.
(4) Delivery of Inspection Reports: To the extent
that any petroleum product related business
within the I-2 zoning classification is subject
to on-site safety or operational inspections by
a state or federal regulatory agency, the
business operation in question shall provide the
Zoning Administrator with a copy of the most
recent inspection reports with any and all
attachments or appendices within ten (10)
working days from the date upon which each and
every inspection report is received. The
purpose of this requirement is to allow the City
and its public safety employees to evaluate and
27-4
monitor any potential environmental or safety
hazards resulting from the operation of these
facilities. The City of Southlake will not make
public this information, but will use it
exclusively for public safety and environmental
planning and analysis.
(b) Performance Standards - The performance standards as
set forth in Section 27.7 shall apply with the
following additional requirements:
(1) In addition to the standards set forth in
Section 27.7(g) regarding fire hazards, each and
every petroleum product related business within
the I-2 zoning classification shall annually
file a Fire and Emergency Safety and Response
Plan with the Fire Marshal of the City of
Southlake. Said plan shall be filed on or
before January 5th of each calendar year. The
Plan shall consist of a map of the site or
facility and shall include the location of all
firefighting equipment, firefighting apparatus,
fire alarms and/or smoke detectors. The plan
shall further explain what special provisions
for firefighting or emergency action exist on or
within the site. It is anticipated that this
requirement will identify special firefighting
equipment or apparatus that may be unique to the
specific facility. Attached to the annual
report, will be the identification of any
petroleum products stored on the site along with
a narrative description of the normal procedures
to be followed in fighting a fire or responding
to an explosion report dealing with that
substance if it is not a substance regularly
encountered by municipal firefighting personnel.
The purpose of this requirement is to assist the
fire department of the City of Southlake in
preparing to handle any emergency responses
requested or required in the I-2 zoning
district. As a further portion of this plan,
the business shall identify any special
breathing apparatus or equipment located on-site
for use of business personnel in the event of an
emergency. Information concerning the specific
type of such equipment shall be included within
the plan.
(2) State and Federal Regulations: Each and every
petroleum product related business within the I-
2 zoning classification shall provide the Zoning
Administrator with a specific listing of all
27-5
state and federal regulations or requirements
identifying health, safety and environmental
regulations and requirements applicable to
petroleum products terminal operations, blending
operations or pipeline transfer operations. It
is recognized that these regulations vary by
type of business activity and by size of
business activity. In addition to identifying
the regulation under which the business must
operate, each business activity must also
provide a listing of the number of regularly
scheduled inspections which are undertaken to
ensure compliance with those requirements. If
an individual contact point with the regulatory
agency has been established and is traditional
for this type of operation, the business will
provide the Zoning Administrator with the name
or position title and the mailing address and
telephone number of the contact individual
within the state or federal regulatory agency.
The purpose of this requirement is to allow the
City to coordinate its regulatory and monitoring
activities with those of appropriate state and
federal agencies. Each business providing
information under this provision will be
required to supplement and/or update that
information as changes occur.
(3) Additional Standards: The Planning and Zoning
Commission may recommend to the City Council the
establishment of additional performance
standards to protect neighboring areas and land
uses from potential industrial hazards and
nuisances as necessary.
27.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
a. Height: No building or structure which lies within
one hundred (100) feet of any area zoned in a
residential classification shall exceed one (1) story
or twenty (20) feet in height. Any building lying
more than one hundred (100) feet from any area zoned
in a residential classification shall not exceed two
and one-half (2 1/2) stories or thirty-five (35) feet
in height.
b. Front Yard: Any and all lots within this District
that directly abut lots or tracts zoned in a
residential classification and which share a common
frontage upon a public street or right-of-way with
the residentially zoned property shall maintain a
27-6
minimum front yard of forty (40) feet. All the lots
within this District shall maintain a minimum front
yard of 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.
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: As approved by the Planning
and Zoning Commission and City Council pursuant to
Site Plan Review with requirements to be established
based upon an analysis of the location,
configuration, environmental impact and compatibility
of this project with adjacent land uses.
f. Lot Area: The minimum area of an I-2 Industrial
Development shall be ten (10) acres.
g. Floor Area: The minimum square footage of any
structure existing within this district shall be
three thousand (3,000) square feet.
h. All exterior lighting designed for security,
illumination, parking lot illumination or advertising
and which is placed within this zoning district shall
be designed in such a manner as to ensure that it
does not extend into adjacent residentially zoned
properties.
i. 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, in
accordance with Section 38 of this ordinance.
j. Outside storage shall be permitted in accordance with
the requirements of Section 38.
k. 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.
27-7
27.6 DEVELOPMENT SITE PLAN - A development site plan shall be
required for a building permit within the I-2 Heavy
Industrial District. In addition to the requirements set
forth in Section 40.3 of this ordinance, the development
site plan shall provide as much detail as possible,
including, but not limited to:
a. Where buildings and/or other structures are proposed,
a site plan showing the location of each building and
the minimum distance between buildings and between
the building and property lines, street lines and/or
alley lines shall be submitted.
b. A plan indicating the arrangement and provision of
off-street parking, off-street loading, outside
storage areas, method and location of storage area
screening and points of entry from adjoining
thoroughfares.
C. A table showing net land area, ratio of building area
and outside storage areas to net land area.
d. A plan showing the arrangement, location and
composition of all landscaped areas required under
other provisions of this ordinance.
e. Architectural renderings and elevations reflecting
the exterior structure and surface of all buildings
and structures to be constructed within this zoning
district.
f. A plan showing the location of all lighting and
signage to be placed on this site to the extent that
said signage and lighting does not lie within the
interior of the structures to be constructed on the
site. The applicant shall also provide
representative renderings of the particular sign
types, facings, material compositions and colors.
g. A table of performance standards if deemed necessary
by the Administrative Official because of the
characteristics of the activities to be conducted on
the site.
27.7 PERFORMANCE STANDARDS - The following are maximum accepted
levels of noise, vibration, smoke, particulant matter, and
toxic and noxious matter allowable for industrial uses.
If the proposed use is to emit sanitary sewage affluent
containing industrial waste or other affluent into the
City of Southlake sanitary sewage system, which is
considered by the City Engineer to be unusual or to be
capable of damaging the sanitary sewage system, a
27-8
description of methods of pre-treatment of the affluent
must accompany the Development Site Plan.
The Performance Standards report may be waived by the
Administrative Official if the proposed use is considered
not to produce the listed affects.
a. Noise. All uses or activities conducted within this
zoning classification shall conform to the following
standards for maximum allowable noise level as
measured at all points along the property line of
each tract or use:
1. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 6:00 a.m.-
9:00 p.m. shall be 85 decibels.
2. The single event maximum sound disturbance
created by any business activity or use within
this district between the hours of 9:00 p.m.-
6:00 a.m. shall be 55 decibels.
3. The maximum Leq average for a business or
activity within this district shall be 65 Leq
between 7:00 a.m. and 5:00 p.m.
4. The maximum Leqaverage for a business or
activity within this district shall be 60 Leq
between 5:00 p.m. and 10:00 p.m.
b. Vibration. At the point of measurement taken on the
property line of the source property which has the
highest reading, the sound pressure level or impact
level of any operation or plant shall not exceed the
decibel limits for the octave bands designated in
Column I below, unless the point of measurement is
located on a property line which is also the boundary
line of a residential district, in which case the
limit set forth in Column II shall apply.
Frequency Column I Column II*
(Cycles Per Displacement Displacement
Second) (Inches) (Inches)
0 to 10 .0022 .0008
11 to 20 .0016 .0005
21 to 30 .0010 .0002
31 and Over .0005 .0001
*Steady State Vibrations, for the purpose of this
Chapter, which are continuous or, if in discrete pulses, are
27-9
more frequent than sixty (60) per minute. Impact vibra-
tions, that is discrete pulses which do not exceed sixty
(60) pulses per minute, shall not cause in excess of twice
the displacement stipulated.
C. Smoke, Particulate Matter and Visible Emissions: Smoke
or visible emissions emitted from any vent, stack,
chimney, skylight, or window shall exceed an opacity of
twenty (20) percent averaged over a five (5) minute
period. Any emission of air pollutant must be in
accordance with the requirements of the State of Texas.
Emissions shall not exceed any of the following net
ground level concentrations:
1. One hundred micrograms per cubic meter of air
sampled averaged over any five consecutive hours.
2. Two hundred micrograms per cubic meter of air
sampled, averaged over any three consecutive
hours.
3. Four hundred micrograms per cubic meter of air
sampled, averaged over any one hour.
d. Toxic and Noxious Matter: The handling processing,
storage and disposal of hazardous, toxic, or noxious
materials within this District shall be in accordance
with applicable State and Federal laws and regulations.
In addition, the Planning and Zoning commission may
establish additional performance standards, including
set backs, beams, and buffers, for the sitting of
facilities which handle, treat, store, or dispose of
potentially hazardous or dangerous materials.
e. Odor: No operation shall permit odors to be released
which are detectable at the zone boundary line in Heavy
Industrial Districts and which are offensive to persons
of ordinary sensibilities.
f. Glare: All artificial light sources shall be shielded
so as to prevent direct rays of light from crossing a
zoning district boundary line.
g. Fire Hazards: The storage, utilization or manufacture
of solid materials or products ranging from
incombustible to moderately combustible is permitted in
accordance with applicable City codes and ordinances.
The storage, utilization or manufacture of solid
materials or products ranging from free or active
burning to intense burning is permitted in accordance
with applicable City codes and ordinances provided the
following condition is met:
27-10
Said materials or products shall be stored, utilized or
manufactured within complete enclosed buildings having
incombustible exterior walls and protected throughout
by an automatic fire extinguishing system.
The storage, utilization or manufacture of flammable
liquids or gases which produce flammable or explosive
vapors, shall be permitted in accordance with
(exclusive of storage of finished products in original
sealed containers) the City's fire code as interpreted
by the City Fire Marshal.
h. Additional Standards: The Planning and Zoning
Commission may recommend to the City Council the
establishment of additional performance standards to
protect neighboring areas and land uses from potential
industrial hazards and nuisances as necessary. In the
event that a new or unusual industrial use or activity
is proposed for location within this zoning district
and the Zoning Administrator believes that the existing
industrial performance standards shall be insufficient
to effectively protect adjacent land uses or future
uses, he shall so advise the Planning and Zoning
Commission is writing. The Planning and Zoning
Commission shall then consider whether or not
professional investigation or analysis should be
performed to identify reasonable performance standards
for the proposed use. If the Planning and Zoning
Commission should determine that additional standards
should be considered, they will identify the areas to
be studied and will forward a recommendation to the
City Council for action. The City Council shall hold a
hearing to determine if research should be undertaken
on these areas of performance standards development.
At the conclusion of this hearing, the City Council may
direct City staff to employ such consultants as are
necessary to conduct the appropriate research necessary
to develop the standards required for successful
management of the new project. Any and all costs
incurred by the City in this regard shall be chargeable
as a portion of the building permit costs or zoning
application fee (whichever is appropriate) for the
project or construction activity requiring this
research.
27-11
SECTION 28
"HC" HOTEL DISTRICT
28.1 PURPOSE AND INTENT - The HC District is established to
provide areas to accommodate hotel/motel development. HC
Districts are intended to include extensive open space and
landscaping and should be located in areas which can take
advantage of the regional access provided by the freeway
system and within reasonable proximity to the Dallas-Fort
Worth International Airport.
28.2 PERMITTED USES
a. Hotels and motels;
b. Parks and playgrounds which are publicly owned;
C. Golf courses which are privately owned.
d. City hall, police and fire stations and other
municipal uses.
28.3 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.
28.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in Section 44.12, together with such 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.
28.5 DEVELOPMENT REGULATIONS - In this district, the following
development regulations shall be applicable:
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.
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
28-1
shall be a side yard of not less than twenty-five
(25) feet.
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.
28.6 CONCEPT PLAN - A Concept Plan meeting the requirements of
Section 41 of this ordinance is required to be submitted
with a request for zoning to an HC Hotel District.
28.7 SITE PLAN - An approved site plan shall be a prerequisite
to the issuance of a building permit or certificate of
occupancy for any property in an HC Hotel District.
Information required to be submitted, approval of the site
plan, and any administrative action shall be in accordance
with Section 40 of this ordinance to the extent such
requirements are applicable to a non-residential district.
In addition, the site plan shall show in detail that all
pool areas are to be constructed in strict compliance with
Ordinance No. 481.
28-2
SECTION 29
"MH" - MANUFACTURED HOUSING
29.1 PURPOSE AND INTENT - This zoning classification is
established to provide adequate space and restrictions for
the placement of mobile homes and/or manufactured housing
in the City of Southlake where adequate streets and other
community facilities are available for present and future
needs. This district should protect residential areas
from pollution, environmental hazards and other
objectionable influences, and should provide for adequate
vehicular and pedestrian circulation. The "MH" District
is established to provide housing densities compatible
with existing and proposed neighborhoods and to promote
the most desirable use of land and direction of building
development, to promote stability of development, to
protect the character of the district, to preserve the
value of the land and building; and to protect the City's
tax base. Mobile homes and manufactured housing shall
only be permitted in the MH district unless otherwise
specifically authorized elsewhere in this ordinance. The
purpose of this district is not to prohibit or unduly
restrict any type of housing but to insure compatibility
in housing types recognizing their inherent differences.
29.2 PERMITTED USES
a. Residential Uses.
1. Manufactured Homes as defined by state statute
(Tex.Rev.Civ.Stat.Ann., art. 5221f, Sec. 3
[Vernon, 1987]).
2. An existing mobile home, as defined by state
statute (Tex.Rev.Civ.Stat.Ann., art. 5221f, Sec.
3 [Vernon, 1987]), which was previously legally
permitted and used or occupied as a residential
dwelling, shall be a legal nonconforming use.
Permits for use and occupancy will be granted
for the replacement of such mobile homes with a
HUD-Code Manufactured Home, pursuant to
Tex.Rev.Civ.Stat.Ann., art. 5221f, Sec. 4A
(Vernon, 1987).
3. Modular or prefabricated housing.
b. Community Facility Uses - City hall, police and fire
stations and other municipal uses.
29-1
29.3 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.
29.4 SPECIAL EXCEPTION USES - Special exception uses may be
approved by the Board of Adjustment as specifically
authorized in Section 44.12 of this ordinance, subject to
full and complete compliance with any and all conditions
required in section 44.12, together with such 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.
29.5 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 twenty-five (25) feet. Corner lots shall have a
minimum side yard of fifteen (15) feet on the second
front yard.
C. Side Yard: Corner lots have a minimum side yard of
five (5) feet on side yards adjacent to interior
lots.
d. Rear Yard: There shall be a rear yard having a depth
of not less than fifteen (15) feet.
e. Only one residential structure may be placed upon an
approved lot.
f. Lot Area: The minimum area of a lot shall be six
thousand (6,000) square feet, provided that where a
lot has less than herein required and was of record
and in separate ownership at the time of passage of
this ordinance, this regulation shall not prohibit
the erection of a mobile home or manufactured home.
The minimum lot area for property not served by a
sanitary sewer shall be determined by the Zoning
Board of Adjustment to provide adequate septic tank
drainage.
29-2
g. Width of Lots - The width of a lot shall be a minimum
of sixty (60) feet at the building line.
h. Floor Space: The main residence shall contain a
minimum of one thousand two hundred fifty (1,250)
square feet of livable floor space, exclusive of
garage, porches and breezeways, and incidental
storage areas.
i. Interior lots shall have minimum side yard of not
less than fifteen (15) feet.
29.6 SITE PLAN - A site plan, reviewed by the Planning and
Zoning Commission and approved by the City Council shall
be a prerequisite to the issuance of a building permit or
certificate of occupancy for any property in an MH
Manufactured Housing District. Information required to be
submitted, approval of the site plan, and any
administrative action shall be in accordance with Section
40 of this ordinance to the extent such requirements are
applicable to a non-residential district.
29-3
SECTION 30
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
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, including mixed uses, which may
be planned, developed and operated either by a single
owner or a combination of owners.
30.2 PERMITTED USES - The PUD District, when approved as a
suffix to a particular zoning district, will allow the
development of any combination of uses which are permitted
in that district. The PUD District may also be approved
for a specific use or uses, or a class of generic uses
such as office, retail, personal services, educational
facilities or warehousing.
a. In the event certain uses are deemed inappropriate in
a PUD district, whether approved for specific uses or
as a suffix to another district, the use of the
property may be specifically restricted by
eliminating certain uses from the category of
permitted uses.
b. The City Council may approve residential development
in a nonresidential PUD and nonresidential
development in a residential PUD although said uses
are not specifically listed in the approved PUD as
long as said ancillary development does not exceed
10% of the total PUD development.
30.3 RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD
District is developed primarily for residential uses, the
tract shall have a gross area of at least fifty (50)
acres. A residential PUD district may be designed to
accommodate the following development:
30-1
a. Dwelling units grouped into clusters, allowing an
appreciable amount of land for open space.
b. Projects with much or all of their housing in
townhouses or apartments or both.
C. Higher densities than conventional single-family
projects of the same acreage.
d. Part of the land used for non-residential purposes,
such as shopping or employment centers.
e. Preservation or enhancement of areas exhibiting
environmentally significant natural features.
30.4 NON-RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD
District is developed primarily for non-residential uses,
the tract shall have a gross area of at least ten (10)
acres. A non-residential PUD district may be designed to
accommodate the following development:
a. Commercial or industrial uses grouped into clusters,
allowing an appreciable amount of the land for open
space or joint use such as parking and storage.
b. Commercial or industrial projects with part of the
land used for residential purposes.
C. Single purpose commercial or industrial uses
projected to involve innovative land utilization.
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. However, 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 be equal to the maximum
density permitted under the least restrictive single
family zoning district at the time the PUD is granted.
30.6 PARKING REGULATIONS
a. All parking and vehicle use areas shall be paved with
an all-weather surface.
b. Off-street parking facilities shall be provided at
locations designated on the approved development site
plan.
30-2
C. Minimum off-street parking requirements shall be
established in the approved development site plan.
Any deviation less than the minimum requirements
specified in Section 37 shall require specific
approval from the City Council.
30.7 APPLICATION - An application for a Planned Unit
Development District shall be made to the Planning and
Zoning commission in the same manner that an application
for zoning change is made. The application shall be
processed according to the procedures specified herein.
For purposes of application processing, all Planned Unit
Development applications shall initially be divided into
two (2) broad categories:
1. Planned Unit Developments encompassing one hundred
(100) acres or less in land area. These shall
require the submission and processing of a
Development Site Plan and any specific Planned Unit
Development ordinance approving such a proposal shall
require specific compliance with the terms of the
site plan which shall be incorporated by reference
into the Zoning Ordinance Amendment.
2. Planned Unit Developments encompassing more than one
hundred (100) acres of land area shall be given the
opportunity at the time of zoning application to
select between two (2) alternative processing
procedures:
a. The applicant may choose to submit a Development
Site Plan in conformance with the provisions of
this Section and thereby complete all processing
requirements at the inception of the zoning
action.
b. The applicant may choose to submit a Development
Concept Plan for the entire Planned Unit
Development area. In addition to the
requirements set forth in Section 41.3 of this
ordinance, the Development Concept Plan shall
include the following:
(1) A preliminary drainage study;
(2) A preliminary major utility layout showing
water and sewer mains, etc.
(3) A proposed major thoroughfare plan; and
30-3
(4) A legend detailing the minimum area of open
space, the maximum density, the percentage
of land allotted to each use, and the
general location of each use.
The zoning application may then be processed and
a zoning classification of Planned Unit
Development allocated to the site by appropriate
municipal ordinance. The ordinance will
identify the tract as a Planned Unit Development
and will identify the types, intensity and
density of land uses on the site. The ordinance
will further provide that no actual construction
can commence on any portion of the project until
a Development Site Plan complying with the
provisions of this Section has been processed
and approved on that specific section or phase
of the Planned Unit Development. Each
Development Site Plan which is submitted for
approval of a specific section or phase of the
Planned Unit Development shall cover a minimum
of fifty (50) acres. This approach is designed
and intended to allow a large development to be
approved in concept and then constructed in
phases. The City recognizes that it may not be
feasible and it may be unrealistic to require a
highly detailed site plan to be completed on a
very large project when it is recognized that it
will be constructed in sections or phases over
several years. Any Planned Unit Development
projects undertaken on the basis of Concept Plan
approval rather than full Development Site Plan
approval do not reflect the concurrence of the
City to any specific lot arrangement or sizing,
street arrangement or pattern, or approval of
any specific open space or public facility plans
not reflected on the approved Concept Plan.
Planned Unit Development zoning based solely on
a concept plan reflects only zoning approval of
the basic concept and may not be implemented
until full site plan approval on each section or
phase has been granted; however, an applicant
receiving approval of a Concept Plan shall be
entitled to rely on, and implement by
subsequently approved Development Site Plans,
the type, intensity and density of land uses set
forth in the approved concept plan. A concept
plan based upon the Planned Unit Development
Ordinances shall be subject to the following
additional restrictions:
30-4
Consistency Re irement. Each and every site
plan submitted to secure implementation
authority under the concept plan approval option
must be consistent with the original concept
plan. If the Zoning Administrator should
identify any material variance between a
submitted site plan application and the approved
concept plan for the Planned Unit Development,
he shall reject the site plan application and
not accept it for processing until a new concept
plan for the entire Planned Unit Development has
been approved under the terms and provisions of
this ordinance.
City/Developer Agreement. All Planned Unit
Development zoning granted on the basis of
concept plan approval or site plan approval
shall be required to enter into a City/Developer
Agreement prior to or contemporaneous with final
plat approval. This Agreement is designed and
intended to reflect the agreement of the City
and the Developer as to the phasing of
construction to insure the timely and adequate
provisions of public works facilities and public
type improvements. This Agreement is also
intended to insure balanced intensity of
development to avoid overloading existing public
facilities during the construction phase. This
Agreement will be individually negotiated for
each project, but should address the following
issues:
(1) Any agreements on cost sharing for the
installation or oversizing of major utility
systems, lines or facilities.
(2) Any agreements on cost sharing for the
installation of interior or perimeter
roadways, thoroughfares, or street systems.
(3) Any agreements as to a mandatory
construction or dedication schedule for a
specific amount of park or open space area
or improvements, school site or sites,
landscaping or greenbelt development or
other comparable items to be dedicated or
constructed for each acre of property
within the development released for
construction by site plan approval. This
requirement is intended to allow the City
to insure that pre-planned public type
facilities, improvements or amenities are
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installed concurrently with other
development on the basis of a negotiated
formula.
(4) Any agreements between the City and the
Developer as to the establishment of a
maximum residential density or commercial
or industrial intensity of use during the
construction process. This requirement is
intended to allow the City to establish a
maximum development intensity that cannot
be exceeded while each phase of the project
is being completed. Under this provision,
the City may establish a maximum overall
density for each phase of the project to be
applicable only during the construction
phase of the Planned Unit Development.
This restriction would require concurrent
development of lower density or intensity
of use activities with higher density or
intensity of use activities.
(5) An agreement by the Developer to maintain
all open space lands at no cost to the
city.
30.8 DEVELOPMENT SITE PLAN
a. Except as otherwise provided in Section 30.7, an
application for a Planned Unit Development shall
include and be accompanied by a development site plan
which shall become a part of the amending ordinance
and shall be referenced on the Official Zoning Map.
Changes in the development site plan shall be con-
sidered the same as changes in the official Zoning
Map. The proposed site plan shall be processed as
required except that changes of detail which do not
alter the basic relationship of the proposed develop-
ment to adjacent property and which meet the condi-
tions set forth in Section 40.6 of this ordinance,
may be approved by the Administrative Official.
b. The Development Site 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 recom-
mendations 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 site plan shall provide as
30-6
much detail as possible including, but not necessari-
ly limited to:
1. A scale drawing showing any proposed public or
private streets and alleys; building site, or
building lots; any areas proposed for dedica-
tion, or reserved as parks, parkways, play-
grounds, utility and garbage easements, school
sites, 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.
2. For buildings more than one (1) story in height,
except single-family and two-family residences,
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.
3. For development projects influenced by, impact-
ing 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 site
plan. This requirement may be waived only upon
the recommendation of the City Engineer.
4. 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,
when required, include screening walls, plant-
ing, wooded areas to be retained, and lawns if
such are determined to be necessary by the City
Council.
5. Any or all of the required features may be
incorporated on a single drawing if such drawing
is clear and capable of evaluation and inter-
pretation by the Administrative Official.
30.10 DEVELOPMENT SCHEDULE - The Planning and zoning commission
may, at its discretion, require that an application for a
Planned Unit Development District be accompanied by a
development schedule indicating the approximate date on
which construction is expected to begin and the rate of
anticipated development to completion. Such schedule
shall not be binding upon the applicant, but the City
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shall be entitled to utilize this schedule in arranging
for the construction of supporting public works
facilities.
30.11 COMMON OPEN SPACE - For all residential uses within a
planned unit development, common open space (whether
dedicated to public use or owned and maintained in common
by all or part of the occupants of the PUD through a
property owner association) shall be reserved primarily
for the leisure and recreational use of the occupants of
the residential uses. The common open space shall
comprise not less than ten (10) percent of the total area
devoted to the residential use. The amount of said common
open space may be varied downward by the City Council when
a lesser amount of such open space would be more
appropriate to the density of development or size of
families or households proposed in a project, or where the
availability and nature of adjacent public open space is
such that a lesser amount of common open space would
adequately protect the health, safety and welfare and
promote the orderly development of the residential uses.
For the purpose of this section, common open space shall
include:
1. Land area accessible to and permanently reserved for
the common use and enjoyment of the occupants of the
residential project for leisure and recreational
purposes, not including area devoted to parking and
accessory uses.
2. Golf courses, parks, and other open greenbelt areas
adjacent to the project, whether publicly or
privately owned, which are readily accessible.
3. School sites, excluding the area devoted to
buildings.
Land required for common open space shall not include the
following:
1. Areas reserved for the exclusive use and benefit of
an individual tenant or owner.
2. Dedicated streets, alleys or public rights-of-way.
3. Vehicular driveways, private streets or parking,
loading or storage areas.
In residential PUDs where homeowners associations are to
be established for the purpose of ownership and/or
30-8
management of common open spaces, all such associations
shall be subject to the approval of the City.
30.12 APPROVAL - Every Planned Unit Development District
approved under the provisions of this ordinance shall be
considered as an amendment to the zoning ordinance as
applicable to the property involved. In carrying out the
development of a Planned Unit Development District, the
development conditions shall be complied with and such
conditions as are specified for the development of a
Planned Unit Development District shall not be construed
as conditions precedent to the approval of the zoning
amendment, but shall be construed as conditions precedent
to the granting of a certificate of occupancy.
30-9
SECTION 31
S-P-1 DETAILED SITE PLAN DISTRICT REGULATIONS
31.1 PURPOSE AND INTENT - The S-P-1 Site Plan District is
utilized to develop difficult sized and shaped land areas;
to promote new planning concepts; to develop multiple land
uses; and to establish compatible land useS within a more
restrictive neighborhood. No minimum land area is
required for the S-P-1 district.
31.2 PERMITTED USES
a. No land shall be used and no building shall be
erected for or converted to any use other than the
specific use or uses authorized by an ordinance of
the City of Southlake granting a zoning change to an
S-P-1 (Detailed) Site Plan District under the terms
and conditions of this subsection and in accordance
with the procedures set forth below. Any use not
prohibited by this ordinance or other ordinances of
the City may be authorized in an S-P-1 district;
provided, however, no single-family residential uses;
either attached or detached, may be authorized in an
S-P-1 District.
b. Similar uses which are permitted in the Zoning
Ordinance may be permitted in the S-P-1 zone,
provided a revised site plan has been submitted for
recommendation to the Planning and Zoning Commission
and approved by the City Council for any such
proposed similar use, upon the written application
for an amendment to the S-P-1 Site Plan District
previously granted and in accordance with all the
regulations of this Section 31. The determination of
whether a use is similar shall be in the sole
discretion of the City Council.
31.3 APPLICATION - A change of zoning to an S-P-1 Site Plan
District shall be granted by the City Council only upon
the written application of the owner or his representative
and a recommendation of the Planning and Zoning
Commission. No variances to other city ordinances, codes
or regulations will be permitted. The S-P-1 Site Plan
District allows the City council to approve changes to the
regulations of this ordinance only.
31.4 SITE PLAN
a. Applicants for S-P-1 zoning must file an application
for site plan approval in accordance with the
requirements of Section 40 of this ordinance. The
31-1
site plan must be presented in an approved final form
to the City thirty (30) days prior to the public
hearings before the Planning and Zoning Commission
and the City Council. No ordinance approving the
zoning shall be approved unless and until the site
plan in approved final form is timely submitted.
b. The application for a change in zoning shall be
deemed to be denied as a matter of law upon the
applicant's failure to file a site plan in an
approved final form within the time limits heretofore
set out.
31.5 REVIEW AND IMPLEMENTATION
a. The Planning and Zoning Commission in submitting its
recommendations to the City Council and the City
Council in making its decision shall state a list of
the reasons for approval or disapproval of each case
and request. The stated reasons shall be
incorporated in any ordinance approving a request.
b. On the Official Zoning Map, an S-P-1 Site Plan
District shall bear the designation S-P-1 followed by
the ordinance number, in parenthesis, rezoning the
property to a Site Plan District.
C. The City Council may impose any condition or
restriction upon the use of the property rezoned, as
may be necessary to secure and protect the public
health, safety, morals and general welfare and to
protect adjoining property and the value thereof,
including the dedication of street rights-of-way for
adequate flow of traffic.Such conditions and
restrictions shall not be construed as conditions
precedent to the granting of the S-P-1 Site Plan
District use, but shall be construed as conditions
precedent to the granting of a Certificate of
Occupancy.
d. A screening and landscaping plan shall be required
where such treatment is essential to the proper
arrangement of the development. Such plan, when
required, should include screening walls, ornamental
planting, lawns and gardens, playgrounds and wooded
areas that are to be retained.s and restrictions
shall not be construed as conditions precedent to the
granting of the S-P-1 Site Plan District use, but
shall be construed as conditions precedent to the
granting of a Certificate of Occupancy.
31-2
e. A screening and landscaping plan shall be required
where such treatment is essential to the proper
arrangement of the development. Such plan, when
required, should include screening walls, ornamental
planting, lawns and gardens, playgrounds and wooded
areas that are to be retained.
31-3
SECTION 32
S-P-2 (GENERALIZED) SITE PLAN DISTRICT REGULATIONS
32.1 PURPOSE AND INTENT. The S-P-2 Site Plan District is
utilized to permit flexibility of area regulations while
restricting usages. The basic land use district shall be
identified for reference to area regulations. The land
area for an S-P-2 Site Plan District shall not be less
than two (2) acres in size.
32.2 PERMITTED USES
a. No land shall be used and no building shall be
erected for or converted to any use other than the
general uses authorized by an ordinance of the City
of Southlake granting a zoning change to S-P-2 Site
Plan District zoning under the terms and conditions
of this section. No variances to any other City
ordinance, code or regulation will be permitted
within this district. All applications will be
processed in accordance with the procedures set forth
below. Any use not prohibited by this ordinance or
other ordinances of the City may be authorized in an
S-P-2 district; provided, however, no single-family
residential uses; either attached or detached, may be
authorized in an S-P-2 District.
b. Similar uses which are permitted in the Zoning
Ordinance may be permitted in the S-P-2 zone,
provided a revised site plan has been submitted for
recommendation to the Planning and Zoning commission
and approved by the City Council for any such
proposed similar use, upon the written application
for an amendment to the S-P-2 Site Plan District
previously granted and in accordance with all the
regulations of this Section 32. The determination of
whether a use is similar shall be in the sole
discretion of the City Council.
32.3 APPLICATION - A change of zoning to an S-P-2 Site Plan
District shall be granted by the City Council only upon
the written application of the owner or his representative
and a recommendation of Planning and Zoning Commission.
No variances to other city ordinances, codes or
regulations will be permitted. The S-P-1 Site Plan
District allows the City Council to approve variances to
regulations of this ordinance only.
32-1
32.4 SITE PLAN
a. Applicants for S-P-2 zoning must file an application
for site plan approval in accordance with the
requirements of Section 40 of this ordinance. The
site plan must be presented in an approved final form
to the City thirty (30) days prior to the public
hearings before the Planning and Zoning Commission
and the City Council. No ordinance approving the
zoning shall be approved unless and until the site
plan in approved final form is timely submitted.
b. The application for a change in zoning shall be
deemed to be denied as a matter of law upon the
applicant's failure to file a site plan in an
approved final form within the time limits heretofore
set out.
32.5 REVIEW AND IMPLEMENTATION
a. The Planning and Zoning commission in submitting its
recommendations to the City Council and the City
Council in making its decision shall state a list of
the reasons for approval and disapproval of each case
and request. The stated reasons shall be
incorporated in any ordinance approving a request.
b. On the Official Zoning Map, an S-P-2 Site Plan
District shall bear the designation S-P-2 followed by
the ordinance number, in parenthesis, rezoning the
property to a Site Plan District.
C. The City Council may impose any condition or
restriction upon the use of the property rezoned, as
may be necessary to secure and protect the public
health, safety, morals and general welfare and to
protect adjoining property and the value thereof,
including the dedication of street rights-of-way for
adequate flow of traffic. Such conditions and
restrictions shall not be construed as conditions
precedent to the granting of the S-P-2 Site Plan
District use, but shall be construed as conditions
precedent to the granting of a Certificate of
Occupancy.
d. A screening and landscaping plan shall be required
where such treatment is essential to the proper
arrangement of the development. Such plan, when
required, should include screening walls, ornamental
planting, lawns and gardens, playgrounds and wooded
areas that are to be retained.
32-2
SECTION 33
SUPPLEMENTARY DISTRICT REGULATIONS
33.1 GENERAL - Except as specifically authorized to the
contrary in this ordinance, the following regulations
shall apply in all zoning districts:
33.2 FENCES - Except as otherwise provided in this ordinance,
fences, walls, and hedges may be permitted in any required
yard, or along the edge of any yard as a screening,
decorative or containment element not to exceed eight (8)
feet in height, provided the following shall be observed:
a. At Intersections - On a corner lot in any district,
nothing shall be erected, placed, planted, or allowed
to grow in such a manner as to naturally impede
vision between a height of two and one-half (2 1/2)
and ten (10) feet above the centerline grades of the
intersecting streets in the area bounded by the
street lines of such corner lots and a line joining
points along said street lines thirty-five (35) feet
from the point of the intersection.
b. At Interior Lots - On an interior lot in any
district, nothing shall be erected, placed, planted
or allowed to grow in such a manner as to impede
vision or in any way create a traffic hazard to
motorists, whether the impediment includes entering
or exiting any public highway, street, alley, or
private street or driveway from or to adjacent
private property.
33.3 USE OF BARBED WIRE OR ELECTRIC FENCES
a. Barbed wire fences may be used without restrictions
when in conjunction with agricultural and related
activities; provided, however, no barbed wire fence
shall be located on any platted property which is
zoned for single family residential use.
b. Electric Fences - Electric fences and fence charging
devices (UL approved only) are allowed only in
conjunction with agricultural and related activities
for the purposes of containing horses and livestock,
or for the security of crops grown on the premises,
and shall be plainly labeled for ease of
identification.
33.4 TEMPORARY BUILDINGS - Temporary buildings used in
conjunction with construction work may only be permitted
in any district during the period that the construction
33-1
work is in progress; but such temporary buildings shall be
promptly removed within thirty (30) days after the earlier
of (1) the substantial completion of the construction or
(2) the issuance of a certificate of occupancy.
33.5 EXCEPTIONS TO HEIGHT REGULATIONS
a. Height regulations prescribed elsewhere in this ordi-
nance shall not apply (unless limited by available
fire fighting equipment) to grain elevators,
commercial television and radio towers, church
spires, belfries, cupolas, antennas, water tanks,
ventilations, chimneys, fire towers, stage towers,
scenery lofts, cooling towers, ornamental towers,
monuments, conveyors, fuel storage tanks, asphalt and
concrete mix batch plant equipment, flag poles, or
other appurtenances usually required to be placed
above the roof level and not intended for human
occupancy. The height of such facilities is subject
to approval by the Board of Adjustment.
b. Limitations on number of stories shall not apply to
buildings used exclusively for storage purposes
provided such buildings do not exceed the height in
feet permitted in the district in which they are
located.
C. The permitted height of any occupied building or
structure shall be further restricted to the
capability of the local or available fire fighting
equipment to adequately handle any such building
height.
33.6 PROJECTIONS OF BUILDINGS. STRUCTURES AND APPURTENANCES
INTO REQUIRED YARDS
a. Terraces, balconies, decks, uncovered porches and
ornamental features which do not extend more than
four (4) feet from the side wall line, above the
floor level of the ground (first) story, may project
into a required side yard, provided these projections
are a distance of at least eleven (11) feet from any
adjacent side lot line. Such features may not
project into a required front or rear yard more than
eight (8) feet from the front or rear wall line.
b. An uncovered, unenclosed porch projecting into the
front yard setback may not be more than eighty (80)
square feet or project into the front yard setback
for a distance of more than five (5) feet.
33-2
C. Every part of a required yard shall be open to the
sky, unobstructed by a building, except for the
ordinary projections of sills, belt courses, cornices
and ornamental features not exceeding twelve (12)
inches. Roof eaves may project in required side
yards not to exceed thirty (30) inches.
d. Gasoline filling station pumps and pump islands may
be located or may project into a required yard
provided they are not less than twenty-five (25) feet
from any street, highway or alley right-of-way line,
and not less than fifty (50) feet from any
residential property line.
33.7 MINIMUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE
- Where an open space is more than fifty (50) percent
surrounded by a building, the minimum width of the open
space shall be at least twenty (20) feet for one-story and
one and one-half story buildings, thirty (30) feet for
two-story buildings, and forty (40) feet for three or more
story buildings.
33.8 APPENDICES - The City Council may issue supplementary
auxiliary regulations by ordinance and may include them in
this ordinance as appendices. Contemplated or already in
existence at the writing of this ordinance are the
following regulations that may be applicable to proposed
development and may or may not be included as an appendix
to this basic ordinance:
a. Site Plans required for all non-residential
developments.
b. Masonry exteriors required on certain buildings.
C. Highway, Farm to Market Road and Thoroughfare
Setbacks.
d. Subdivision ordinance.
e. Sign Ordinance.
f. Animal Control that regulates the number and reason
for housing animals in certain areas.
g. Noise Regulation Ordinance.
h. Flood plain or flood hazard ordinances.
i. Airport Zoning Ordinance.
j. Mobile Home Park Regulation ordinance.
33-3
k. Site preparation and excavation ordinances.
1. Fence Maintenance Ordinances.
33.9 FRONT YARD ADJUSTMENTS - Front yard requirements as
established in the various zoning districts shall be
adjusted by the Building Official to achieve consistency
and compatibility with surrounding or future public
development in the following cases (providing there is no
conflict with future street or highway right-of-way
requirements):
a. Where forty (40) percent or more of the frontage on
the same side of a street between two intersecting
streets is presently developed or may hereafter be
developed with buildings that have (with a variation
of ten (10) feet or less) a front yard greater or
lesser in depth than herein required, new buildings
shall not be erected closer to the street than the
average front yard so established by the existing
buildings.
b. Where forty (40) percent or more of the frontage on
one side of a street between two intersecting streets
is presently developed or may hereafter be developed
with buildings that do not have a front yard as
described above, then:
1. Where a building is to be erected on a parcel of
land that is within one hundred (100) feet of
existing buildings on both sides, the minimum
front yard shall be a line drawn between the two
closest front corners of the adjacent building
on each side; or
2. Where a building is to be erected on a parcel of
land that is within one hundred (100) feet of an
existing building on one side only, such
building may be erected as close to the street
as the existing adjacent buildings.
C. Interior lots abutting on two streets shall provide
the required front yard on both streets.
d. On corner lots, a front yard shall be provided on
each street frontage unless a platted setback line
exists.
e. Front yard requirements in all districts adjacent to
an existing or proposed major thoroughfare or
secondary thoroughfare street, as designated in the
33-4
City's latest approved Thoroughfare Plan, shall be
measured from such existing or proposed major
thoroughfares or secondary thoroughfare street right-
of-way line.
f. No building or structure adjacent to a State or
Federal numbered highway, including the frontage/
service roads thereof, shall be located or erected
closer than fifty (50) feet from any such right-of-
way. Said fifty (50) foot front yard may, however,
be used for off-street parking, driveways, and
permitted signs, canopies, and pump islands of
gasoline service stations.
33.10 SIDE YARD ADJUSTMENTS - Side yard requirements as
established in the various zoning districts and in Section
42 "Bufferyards" shall be adjusted by the Building
official to achieve consistency and compatibility with
surrounding or future public development in the following
cases:
a. Commercial buildings used in part for dwelling
purposes (hotel, motel, and other approved temporary
quarters), where permitted, shall provide side yards
not less than five (5) feet in width unless every
dwelling unit therein opens directly upon a front
yard, rear yard or courtyard.
b. Where a lot of record at the time of the effective
date of this ordinance has a width of less than fifty
(50) feet, the yard on each side of a building may be
reduced to a width of not less than ten (10) percent
of the width of the lot, but in no instance shall
such width be less than four (4) feet.
C. On corner lots of record, the yard adjacent to the
side street shall not be less than the required front
yard.
33.11 REAR YARD ADJUSTMENTS - Rear yard requirements as
established in the various zoning districts and in the
Bufferyard Appendix shall be adjusted by the Building
Official to achieve consistency and compatibility with
surrounding or future public development in the following
uses:
a. Where a lot abuts an alley, one-half (1/2) the alley
width may be considered as part of the required rear
yard.
33.12 LOT AREA PER FAMILY ADJUSTMENT - Lot area per family
(dwelling unit) requirements as established in the various
33-5
zoning districts shall be adjusted by the Building
Official to achieve consistency and compatibility with
surrounding or future public development in the following
cases:
a. Where a lot of record at the time of the effective
date of this ordinance has less area or width than
herein required in the district in which it is
located, said lot may nonetheless be used for a
permitted residential use in the district in which it
is located.
b. Where the conditions relevant to subsections 33.13
and 33.14 exist, then the provisions of said
subsections shall prevail regarding lot size
adjustments.
33.13 HEALTH REGULATIONS: WATER SUPPLY - If the permitted use
is not to be immediately served by an approved municipal
water utility or from an approved source on the lot,
occupancy shall be prohibited and no certificate of
occupancy issued until such domestic water is available.
Such water supply shall be provided in adequate and
sufficient supply and quality for human use and
consumption, and for sufficient operation of an on-premise
septic tank and system if no community or public sewer
system is available. Individual water supply and piping
requirements shall be in conformance with the City's
Plumbing Code, and the lot size increased to an
appropriate size, if required, to prevent contamination
from any sewage disposal system.
33.14 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-premise septic tank and
subsurface drainage field designed and constructed in
conformance with the methods and standards approved by the
State Department of Health and City's Plumbing Code.
Where the use of an on-premise septic tank and subsurface
drainage field is to be employed, the minimum lot size
must be one acre per family, residence or commercial
structure and must be approved by the City Council of the
City of Southlake. All lots to be served by a private or
septic system must have that system installed in
accordance with applicable city ordinances. Occupancy of
any building or structure shall be prohibited and no
certificate of occupancy issued unless the provisions of
this subsection and of subsection 33.13 are fully complied
with.
33-6
33.15 PLATTING OF PROPERTY NOT PROPERLY ZONED - The City
Planning and Zoning Commission shall not recommend
approval of any plat of any residential or non-residential
subdivision within the City, unless and until the area
covered by the proposed plat is or shall be zoned to the
proper zoning classification by the City Council, after
recommendation from the City Planning and Zoning
Commission. A public hearing by the City Planning and
Zoning Commission on a proposed annexation, zoning
classification and plat approval, or any combination
thereof, may be held simultaneously.
33.16 SIGNS - Unless otherwise specifically provided in this
ordinance, the height, spacing, size, location,
illumination, construction and other regulation of signs,
whether on-premise or off-premise, shall be in accordance
with the requirements of Ordinance No. 350 or any other
ordinances adopted by the City regarding sign standards.
33.17 NATURAL WATER BODIES - Nothing within this ordinance is
intended to require the fencing or enclosure of any
natural water bodies such as lakes, ponds, creeks or river
segments. Man-made facilities of a comparable nature,
such as man-made ponds, lakes, stock tanks or drainage
ways or likewise are exempted from any fencing or
enclosure requirements contained within these regulations.
33.18 NONCONFORMING INDUSTRIAL PROPERTIES - A lot or tract of
land which is devoted to industrial use at the time of
annexation into the City may be zoned as I-1 or I-2 where
deemed appropriate by the City Council without the need
for a variance by the Board of Adjustment, notwithstanding
the fact that such lot or tract does not meet the minimum
lot area for such zoning classification.
33-7
SECTION 34
ACCESSORY USES
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:
DISTRICT
ACCESSORY USE WHERE PERMITTED
a. Barns, stables, granaries, pump AG
houses, water tanks and silos; but not
including slaughter houses or
processing of agricultural products,
animals or poultry.
b. Equipment Sheds AG, RE
C. Accessory buildings enclosing ALL
equipment or activities in conjunction
with the permitted principal 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 RE, SF-1A, SF-1B
than the Agricultural District for the (where the lot
keeping of grazing animals, provided: on which the
structure will
1 . Ground accumulations of b e l o c a t e d
manure shall be collected and properly contains the
disposed of so as not to create same minimum lot
offensive odors, fly breeding, or in square footage
any way become a health hazard or required in the
nuisance to humans or animals. SF-1A and SF-1B
zoning category)
2. Fences for pens, corrals or SF-30 (where the
similar enclosures shall be of lot on which the
sufficient height and strength to structure will
properly retain the grazing animal (s) b e l o c a t e d
on the premises. contains the
same minimum lot
square footage
required in the
SF-lA and SF-1B
zoning category)
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3. The minimum space area upon
which such grazing animal(s) may be
enclosed, including pasture, pens,
corrals, and stables, shall not be
less than fifteen thousand (15,000)
square feet per each grazing animal
over five hundred (500) pounds and not
less than five thousand (5,000) square
feet for any other grazing animal.
4. All enclosures for animals
as provided under the terms of this
subsection shall be placed a minimum
of twenty-five (25) feet from the
boundary of any adjoining lot or tract
which is zoned in a residential
category.
e. Private residential garages, AG, RE, SF-IA,
carports and related storage buildings SF-1B, SF-30,
and greenhouses accessory to permitted SF-20A, SF-20B,
residential uses. MF-1, MF-2
f. Private swimming pools, wading AG, RE, SF-1A,
pools, and game courts (lighted and SF-1B, SF-30,
unlighted), provided that if lighted, SF-20A, SF-20B,
the lighting shall be so directed and MF-1, MF-2 and
shielded so as not to shine directly HC
on any adjacent residential property;
and further provided that any such
pool or game court is for the private
use of the site occupants and their
guests, and not operated as a
business. All "at grade" swimming
pools 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 the Uniform
Building code 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
setback from the closest property
line.
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All other pool(s) may be located
in a side or rear yard, but not within
a front yard, and shall not be located
closer than five (5) feet to any side
or rear property line.
g. Lanais, gazebos, greenhouses AG, RE, SF-lA,
garden and patio shelters, sundecks, SF-1B, SF-30,
and children's playhouses, provided SF-20A, SF-20B,
the privacy enjoyed by adjacent MF-1, MF-2
residential dwellings is not impaired.
h. Required off-street parking and All
loading spaces.
i. Home occupation uses, as defined AG, RE, SF-lA,
by this ordinance. SF-1B, SF-30,
SF-20A, SF-20B,
MF-1, MF-2
j. Parking and storage of private AG, RE, SF-lA,
boats, camper trailers or other SF-1B, SF-30,
recreational vehicles in conformance SF-20A, SF-20B,
with Section 35. MF-1, MF-2
k. Model and/or sample homes for the AG, RE, SF-lA,
purpose of promoting sales shall be S F -1 B , SF-30,
permitted, providing these structures SF-20A, SF-20B,
are located on and within the same MF-1
tract or subdivision of land being
developed for sale.
1. Signs for advertising uses on the HC, 0-1, 0-2,
premises. C-1, C-2, C-3,
C-4, B-1, B-2,
I-1 and I-2
M. Tennis courts, health clubs, and HC
related recreation facilities provided
they are for the primary use of
guests, customers or persons
associated with the principal use.
n. Retail uses which are reasonably 0-1, 0-2, B-1,
related to the principal uses within I-1, I-2
the structure provided they do not
exceed fifteen (15) percent of the
floor area of the building.
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o. On site storage of records or file 0-1, 0-2, B-1,
materials which are ancillary to or a I-1
portion of the office or business
activities conducted within the
principal office use (an example of
this activity would be the file
storage and records required by a
title company operation).
P. Retail activity of a service 0-1, 0-2, B-1
nature designed to provide direct
service support to the businesses 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) AG
accessory to farm use
r. Retail sales incidental to I-1, I-2
principal activity
s. Such other service activities as 0-1, 0-2, B-1
are clearly found to be directed at
supporting the employees or 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.
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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. Gasoline sales facilities if C-1
utilized in conjunction with an
otherwise permitted use in this zoning
category. A gasoline sales facility
must be self-service in nature and is
envisioned to include the gasoline
sales activity frequently conducted as
an accessory use to "drive-in" food
stores. Any sales facility retailing
gasoline under this provision shall
have no more than four gasoline
delivery stations or pumps.
U. The erection and maintenance of C-2, C-3, C-4,
antennas, satellite dishes, B-1, B-2, I-1,
telecommunication facilities or towers I-2
not to exceed thirty-five (35) feet in
height in C-2, C-3 and C-4, and not to
exceed sixty (60) feet in height in B-
1, B-2, I-1 and I-2 where they are
attached or affixed to the structure
in which the principal permitted use
is located.
V. Office or administrative areas I-1, I-2, B-1,
and activities supportive of the B-2
permitted principal uses.
W. The resale of used merchandise C-2, C-3, C-4
conducted by a retail sales B-1, B-2, I-1,
establishment when such resale is I-2
clearly secondary to and related to
the sale of new merchandise. The
resale of used merchandise shall be
limited in that used merchandise
displayed for sale may not exceed 20%
of the total merchandise displayed for
sale.
34-5
X. Public, semi-public and private ALL
parks; recreation and open space
including playgrounds, parkways,
greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle
paths, equestrian bridle trails,
nature centers, bird and wildlife
sanctuaries.
Y_ Temporary construction and/or ALL
sales offices, including manufactured
housing, only during actual
construction for a period not to
exceed two (2) years and located on
property being developed.
34.2 ACCESSORY BUILDING - The following regulations shall govern the
location and use of any accessory building:
a. No accessory building shall be erected closer than five
(5) feet to a property line located in the rear yard.
b. No accessory building shall be erected within ten (10)
feet of any other building, except that detached
residential garages may be located no closer than five (5)
feet 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.
34-6
SECTION 35
OFF-STREET PARKING REQUIREMENTS
35.1 PURPOSE AND INTENT - The purpose and intent of these
regulations are to secure safety from fire, panic and
other dangers; to lessen congestion in the streets and
alleys; to facilitate the adequate provision of
transportation and circulation; to conserve the value of
building and land uses; and to encourage the most
appropriate use of land. To this end in all zoned
districts, there shall be provided at the time any use is
established or expanded, or any building or structure is
erected or structurally altered (except as otherwise
provided elsewhere in this section), minimum off-street
parking in conformance with the requirements established
herein. Except as specifically contained herein, no
vehicles may park on city streets or in front yards.
35.2 LOCATION OF PARKING SPACES - All parking spaces required
herein shall be located on the same lot with the building
or use served, except that where an increase in the number
of spaces is required by a change or enlargement of use or
where such spaces are provided collectively or used
jointly by two or more buildings or establishments, the
required spaces may be located and maintained within three
hundred (300) feet of an institutional or other
non-residential building served.
a. Up to 50 percent of the parking spaces required for
theatres, public auditoriums, bowling alleys, dance
halls, night clubs, or cafes, and up to 100 percent
of the parking spaces required for a church or school
auditorium may be provided and used jointly by banks,
offices, retail stores, repair shops, services
establishments and similar uses not normally open,
used or operated during the same hours, provided,
however, that a written agreement thereto is properly
executed and filed as specified below.
b. In any case where the required parking spaces are not
located on the same lot with the building or use
served, or where such spaces are collectively or
jointly provided and used, a written agreement
thereby assuring their retention for such purposes
shall be properly drawn and executed by the parties
concerned, approved as to form and execution by the
City Attorney and shall be filed with the application
for a building permit or a certificate of occupancy.
35-1
C. No required off-street parking space shall be located
within any public highway, street or alley
right-of-way.
35.3 COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS - In
computing the minimum size and area of parking spaces and
parking areas, the following rules shall govern:
Parking Space Size - No parking space shall be less than 9
feet in width by 18 feet in length for head-in parking and
8 feet by 22 feet for parallel parking. Parking space
sizes of 10 feet by 20 feet are, however, encouraged where
parking turnover rates would be higher than for normal
long term low turnover parking lots and areas.
35.4 TYPE OF PARKING SURFACE REQUIRED - All parking and vehicle
use areas shall be of an all weather surface material and
constructed in accordance with applicable codes.
35.5 RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES
- In computing the number of parking spaces required, the
following rules shall govern:
a. Where fractional spaces result, the parking spaces
required shall be construed to be the nearest whole
number.
b. The parking space requirement for a use not
specifically mentioned herein shall be the same as
required for a use of similar nature as determined by
the Board of Adjustment.
C. Whenever a building or use constructed or established
after the effective date of this ordinance is changed
or enlarged in floor area, number of employees,
number of dwelling units, seating capacity, or
otherwise, to create a need for an increase of 10
percent or more in the number of existing parking
spaces, such spaces shall be provided on the basis of
the enlargement of new total. Whenever a building or
use existing prior to the effective date of this
ordinance is enlarged to the extent of 25 percent or
more in floor area or in the area used, said building
or use shall then and thereafter comply with the
parking requirements set forth herein.
d. In the case of mixed or joint uses, the parking
spaces required shall equal the sum of the
requirements of the various uses computed separately.
35.6 NUMBER OF OFF-STREET PARKING SPACES REOUIRED - The minimum
number of off-street parking spaces required for
35-2
residential and nonresidential uses shall be in
conformance with the following:
a. Residential Uses: (Note: Some residential uses
shown below are not permitted.)
(1) Single Family Detached Dwellings: 2 spaces per
dwelling unit exclusive of "in-garage" parking.
(2) Fraternity or Sorority House: 1 space per each
bed.
(3) Boarding House or Rooming House: 1 space per
each bed or individual sleeping room.
(4) Nursing, Rest or Convalescent Home, Home for the
Aged, Senior Citizens Apartment Dwelling, or
Other Similar Dwelling or Institution: 1 space
per each 3 beds or 1 space per individual
sleeping unit, whichever is greater.
(5) Duplex: Two spaces per dwelling unit.
(6) Mobile Home Park, Subdivision or Campground: 1
to 5 spaces for each transient stand for a
mobile home park or campground and for each lot
in a mobile home subdivision.
(7) Multi-Family: One space for each 500 square
feet of dwelling unit floor area within the
building site. Only floor space within a
dwelling unit is included for calculation of
required off-street parking.
b. Non-Residential Uses:
(1) Schools:
(a) Elementary: 1 space for each classroom or
teaching station, plus 1 additional space
for each 4 seats in any auditorium,
gymnasium, or other place of assembly,
whichever is greater.
(b) Junior High/Middle School: Same
requirements as for elementary schools.
(c) High School: 1 space for each classroom or
teaching station, plus 1 additional space
for each 3 students accommodated in the
school.
35-3
(d) College or University: Same requirements
as for high schools.
(e) Day Care Centers or Kindergarten: 1 space
per each 5 pupils accommodated, plus
sufficient space to accommodate off-street
circulation for pickup and delivery of
children by auto.
(2) Churches and Places of Worship: One (1) space
for each three (3) seats in the main sanctuary
or auditorium.
(3) Other Institutions and Special Uses:
(a) Hospital, General Acute Care: 1 space per
each bed, plus 1 space for each 4 persons
employed.
(b) Hospital, Chronic Care: 1 space per each 3
beds, plus 1 space for each 4 persons
employed.
(c) Foster Home: 1 space per each 10 pupils or
residents.
(d) Institutions of a Philanthropic Nature: 10
spaces plus 1 space for each employee.
(4) Community Facilities:
(a) Art Gallery or Museum: 1 space per each
1,000 square feet of floor area.
(b) Library: 1 space per each 150 square feet
of floor area.
(c) Community Center (public or private): 1
space per each 100 square feet of floor
area.
(d) Meeting Rooms and Places of Public
Assembly: 1 space per each 3 seats.
(e) Lodge or Fraternal Organization: 1 space
per each 200 square feet of floor area.
(5) Personal Service and Retail Uses:
(a) Personal Service Shop or Establishment: 1
space per each 200 square feet of floor
area.
35-4
(b) Mortuary/Funeral Home: 1 space per each 50
square feet of floor area in "slumber
rooms," parlors, and individual service
rooms, or 1 space per each 2 seats
accommodated in a chapel area, whichever is
greater.
(c) Furniture Stores and Appliance Stores: 1
space per each 400 square feet of floor
area.
(d) Gasoline Service Stations: Minimum of 6
spaces.
(e) Retail Stores or Shops: 1 space per each
200 square feet of floor area.
(f) Open (Outdoor) Retail Sales: 1 space per
each 600 square feet of open site area
utilized, exclusive of buildings.
(6) Office, Professional or Financial Uses: (For
all categories listed under this heading, a
minimum of eight spaces shall be provided for
the first 1000 sq. ft.)
(a) Banks, Savings and Loan, or Other Similar
Financial Establishments: 1 space per each
300 square feet of floor area.
(b) Doctor's Offices and Medical Clinics: 1
space per each 150 square feet of floor
area.
(c) Veterinarian Offices or Clinics: 1 space
per each 300 square feet of floor area.
(d) Offices, General: 1 space per each 300
square feet of floor area.
(e) Dance, Music, Display or Drama Studios: 1
space per each 200 square feet of floor
area.
(f) Business, Trade or Craft School: 1 space
per each 3 students in attendance at peak
time of day.
(g) For mixed retail and office uses, the
parking requirements shall be based on the
space allocated for the various uses; and
35-5
shall use the parking requirements for
those uses.
(7) Transient Lodging Uses:
(a) Hotel, Motel, or Dude Ranch: 1 space per
each room, unit or guest accommodation plus
specific requirements for restaurants,
cocktail lounges, and related facilities
prescribed elsewhere in this section.
(b) Seasonal Camp or cabin: 1 space per each
sleeping unit or cabin.
(8) Eating and Drinking Establishments:
(a) Restaurant, Cafeteria or Cafe: 1 space per
each 3 seats under maximum seating
arrangement, or 1 space per each 100 square
feet of floor area, whichever is greater.
(b) Drive - in E ating and Drinking
Establishments: 12 spaces plus 1 space per
each 50 square feet of floor area.
(c) Cocktail Lounges, Taverns and Similar
Establishments: 1 space per each 100
square feet of floor area.
(9) Social, Recreation and Entertainment Uses:
(a) Commercial Amusement Establishments: 1
space per each 100 square feet of floor
area.
(b) Bowling Alley: 6 spaces per each bowling
lane.
(c) Private Club or Night Club: 1 space per
each 100 square feet of floor area.
(d) Theatre: 1 space per each 3 seats.
(e) Country Club: 1 space per each 100 square
feet of floor area, exclusive of locker
rooms and bathhouses.
(f) Recreation Club or Area, Private: 1 space
per each 100 square feet of floor area.
(g) Golf Course: 5 spaces per each green.
35-6
(h) Sports Arena, Stadium or Gymnasium: 1
space per each 3 seats or bench seating
spaces.
(10) Industrial Uses: One (1) off-street parking
space required per 1000 square feet of
under-roof area.
35.7 PARKING FOR THE HANDICAPPED - All parking shall meet
state, federal and other applicable requirements with
respect to parking for the handicapped. In zoning
districts C-2, C-3, C-4, B-1, B-2, I-1, and I-2,
inclusive, off-street parking spaces shall be designed,
dedicated and marked for use by the handicapped as
required by state and federal regulations. Wherever
handicapped parking spaces are required, appropriate curb
ramps shall be installed.
35.8 NO REPAIR WORK - The parking area shall be used for
passenger vehicles only and in no case shall it be used
for sales, repair work, storage, dismantling or service of
any vehicles, equipment, materials or supplies.
35.9 PARKING AND STORAGE OF MAJOR RECREATIONAL EQUIPMENT
a. Major recreational equipment (motor homes, travel
trailers, campers for pickups and trucks, boats and
trailers, motorcycle trailers, etc.) shall not be
parked or stored on any residential or agricultural
lot except when in conformance with one of the
following provisions:
1. Such equipment shall be wholly contained in an
enclosed garage or carport; or
2. Such equipment shall be parked or stored behind
the nearest portion of a dwelling to the
adjacent street or highway and if the dwelling
is located on a lot which is less than two (2)
acres in size, it shall be parked within an
approved driveway.
b. Notwithstanding the requirements of paragraph a.
above, such equipment may be parked anywhere on a
residential, agricultural or commercial premises not
to exceed twenty-four (24) hours for the purpose of
loading and unloading only.
C. No such equipment shall be used for living, sleeping
or housekeeping purposes when parked or stored on a
35-7
residential or agricultural lot, nor in any location
not approved for such use.
35.10 PARKING AND STORAGE OF VEHICLES: GENERAL
a. In order to avoid the unsightly visual impact and
clutter of indiscriminately parked or stored junked
and/or abandoned vehicles so as to promote and
maintain a desirable aesthetic appearance of the
City, no motor vehicles or trailers of any kind or
type without current state license plates, where
required, shall be parked or stored on any lot or
premises unless compliance with at least one of the
following provisions is met:
1. Such vehicle(s) or equipment is contained within
an enclosed garage or other accessory building.
2. Such vehicle(s) or equipment is adequately
screened or separated by substantial distance
from view from any adjacent public street,
highway or adjacent property, provided such
screens, parking or storage area is behind the
nearest portion of a principal building to a
street or highway.
3. Farm and ranch vehicles and equipment, when used
in conjunction with farm and ranch activities
conducted on the premises, are not considered
applicable to the provisions of this paragraph
a.
b. No commercial vehicle or trailer (exclusive of
pick-up trucks and carry-all van trucks), when used
in his employment by the site occupant of a dwelling,
may be parked on a residentially zoned lot.
C. 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.
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 38.2
of this ordinance.
e. No overnight on-street parking of commercial vehicles
is permitted in residential areas.
35-8
f. No parking of private or commercial vehicles,
trailers, or equipment shall be permitted on any
streets, roads, or public rights-of-way for a period
exceeding 72 continuous hours.
g. Where on-street parking is permitted it shall be
parallel parking.
h. This Section 35.10 does not apply to car dealerships
or to businesses where vehicles are for sale, rent,
or lease. Regulations for such items are found in
Section 38 of this ordinance.
i. Commercial vehicles such as delivery cars, vans and
trucks may be parked overnight, on holidays, or
weekends in required off-street parking areas or
spaces on lots zoned for commercial or industrial
purposes. Vehicles so stored shall not occupy more
than twenty (20) percent of the required off-street
parking which must be provided by the business
enterprise. Any vehicles parked or stored under this
provision shall be positioned on the off-street
parking spaces most distant from all public streets
or rights-of-way or in the alternative, shall be
visually screened by landscaping, solid fences or
wall structures of sufficient height to conceal the
vehicles so parked.
35-9
SECTION 36
OFF-STREET LOADING REQUIREMENTS
36.1 PURPOSE AND INTENT - The purpose and intent of these
regulations are to secure safety from fire, panic and
other dangers, to lessen congestion in the streets and
alleys; to facilitate the adequate provision of transpor-
tation and circulation; to conserve the value of building
and land uses; and to encourage the most appropriate use
of land. To this end, in all zoned districts where
applicable, there shall be provided at the time any use is
established or expanded, or any building or structure is
erected or structurally altered (except as otherwise
provided elsewhere in this section), minimum off-street
loading in conformance with the requirements established
herein.
36.2 LOCATION OF LOADING SPACES - Off-street loading spaces
shall be provided and maintained for all commercial,
office and industrial uses and structures for receiving
and loading merchandise, supplies and materials within a
building or on the lot or tract adjacent thereto. Such
spaces may be adjacent to a public alley or private
service drive or may consist of a truck berth within a
building or structure; however, no portion of the
off-street loading space (including turn-arounds) shall be
located within or extend into any public street, highway
or alley right-of-way.
36.3 COMPUTATION OF OFF-STREET LOADING SPACE SIZES - At least
one-half of the required off-street loading spaces or
truck berths shall have a minimum dimension of 10 feet by
50 feet each and the remaining required spaces or berths
shall have a minimum dimension of 10 feet by 25 feet each
- exclusive of turnaround and maneuvering space.
36.4 TYPE OF PARKING SURFACE REQUIRED FOR LOADING SPACES - All
parking and vehicle use areas used for loading and
unloading operations shall be of an all weather surface
material and constructed in accordance with applicable
codes.
36.5 RULES FOR THE COMPUTATION OF OFF-STREET LOADING SPACES
No building, structure or part thereof used for
non-residential purposes in any office, Retail or
Industrial District shall hereafter be enlarged or
36-1
extended unless off-street loading space is provided in
accordance with the provisions of this section.
36.6 NUMBER OF OFF-STREET LOADING SPACES REQUIRED - The minimum
number of off-street loading spaces required in all except
I-2 shall be in conformance with the following schedules:
1. Commercial and office Uses:
Minimum No. of
Sq. Ft. of Floor Area Off-Street Loading Spaces
In Building or Structure or Berths Required
0 to 9,999 None
10,000 to 49,999 1
50,000 to 99,999 2
100,000 to 199,999 3
Each Additional 100,000 1 Additional
2. Hotel/Motel, Restaurants and Similar Establishments:
Minimum No. of
Sq. Ft. of Floor Area Off-Street Loading Spaces
In Building or Structure or Berths Required
0 to 49,999 None
50,000 to 149,999 1
150,000 to 299,999 2
300,000 to 499,999 3
500,000 to 999,999 4
Each Additional 500,000 1 Additional
3. Industrial Establishments:
Minimum No. of
Sq. Ft. of Floor Area Off-Street Loading Spaces
In Buildina or Structure or Berths Required
0 to 9,999 2
10,000 to 24,999 3
25,000 to 49,999 4
50,000 to 99,999 Minimum 1 per 15,000 s.f.
100,000 & up Minimum 1 per 20,000 s.f.
36-2
b. The minimum number of off-street loading spaces
required in areas zoned I-2 are as follows:
1. In enacting special requirements for off-street
loading in the I-2 District, the City of
Southlake recognizes that this district may be
accommodating the storage, transfer, loading and
off-loading of petroleum related products. In
this respect, there may be a relatively small
building servicing the comings and goings of a
relatively large number of petroleum trucks. It
is the intent of this provision to ensure that
there are a sufficient number of off-street
loading and waiting spaces so that no vehicles
will be parked on City streets to load, off-load
or wait for their turn to load or off-load.
2. To this end, the number of spaces required for
off-street loading in the I-2 District shall be
enough to provide spaces for the maximum number
of vehicles that would be using the facility at
any one time. This number shall be based upon
the size and type of operation conducted. The
Administrative Official shall determine the
required number of spaces based upon such
material and information as he or she should
require from the owner or operator of the
facility.
36.7 DEVELOPMENT STANDARDS
a. The off-street loading facilities shall be located on
the same lot as the structure they are primarily
intended to serve.
b. No loading space will be located closer than fifty
feet (501) to any lot in any residential district.
C. No off-street loading facility may be used for sales,
repair work, storage, dismantling, or servicing of
any vehicles, equipment, materials or supplies.
d. No parking or loading spaces or vehicle sales areas
on private property shall be located in any required
landscape or bufferyard areas.
36-3
SECTION 37
RESERVED FOR FUTURE EXPANSION
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SECTION 38
OUTSIDE STORAGE
38.1 GENERAL - Outside storage of any goods, materials,
merchandise, equipment, parts, junk or vehicles not
accessory to a residential use shall not be permitted
except when in conformance with the following provisions
and criteria.
38.2 OUTSIDE STORAGE FOR THE PURPOSE OF MANUFACTURE OR ASSEMBLY
Outside storage for the purpose of outside manufacturing
or fabrication (herein defined as activities such as, but
not limited to, cement mixing, cutting or sawing, forging,
shaping, etc.) or outside assembly of items (herein
defined as such activities as nailing, bolting or
screwing) shall be allowed under the following conditions:
a. Such outside storage shall only be permitted in the
I-2 district.
b. When such outdoor storage area abuts or is visible
from or lies within one hundred (100) feet of any AG
or residentially zoned property:
1. There must be a bufferyard meeting the
requirements of Section 42 of this ordinance of
no less than fifty (50) feet in width; and
2. A solid or opaque wall or fence of wood, masonry
or a combination of the two no less than eight
(8) feet completely screening such outside
storage shall be installed.
3. The Zoning Board of Adjustment may permit a
waiver, by special exception, of the
requirements for solid wall screening of outdoor
storage when such storage abuts a lot or tract
zoned AG. Such special exception may be
approved by the Zoning Board of Adjustment as
specifically authorized in Section 44.12 of this
ordinance, subject to full and complete
compliance with any and all conditions required
in Section 44.12, together with such other
conditions as the Zoning Board of Adjustment may
impose.
C. When such outdoor storage directly abuts an arterial
thoroughfare or major collector as defined in the
Master Thoroughfare Plan, then such storage area must
be completely screened with a solid or opaque wall of
wood, masonry or a combination of the two, which is
no less than eight (8) feet in height.
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38.3 OUTSIDE STORAGE FOR THE PURPOSE OF RETAIL SALES - Outdoor
storage for the purpose of retail sales shall be allowed
under the following conditions:
a. Businesses with current certificates of occupancy may
display for sale merchandise items traditionally
marketed through outside storage not to exceed five
(5) percent of the floor area of the business. These
items shall include outdoor racks for the display and
sale of newspapers, the storage and sale of bundled
firewood, prepackaged ice if stored and displayed in
a safe, hygienic storage bin or container, and items
of a comparable nature. It is not the intent of this
provision to allow the outdoor storage or display of
traditional prepackaged merchandise that is normally
displayed and sold within the confines of a
traditional, retail establishment Christmas tree
sales are excepted from this requirement, and such
trees may be stored outside for sale beginning one
week before Thanksgiving and ending December 31.
Items so stored outside must be displayed in a neat
and orderly manner.
b. Outside storage by transient salespersons is
prohibited.
C. Outdoor or open storage of automobiles for the
purpose of retail sales shall only be permitted by
special exception. The Board of Adjustment shall
establish those screening or buffering requirements
necessary and appropriate to protect adjoining
properties. Screening from public streets, highways
and rights-of-way shall be discretionary with the
Board based upon their evaluation of the project upon
surrounding land uses and the character of the
development pattern in the immediate area.
38.4 OTHER OUTSIDE STORAGE
a. Outside storage of items not for sale or for the
purpose of manufacture or assembly shall only be
permitted in the C-4, B-2 and I-2 districts.
b. Such outside storage must conform to the screening
and bufferyard requirements as set out in Sections 39
and 42 of this ordinance, respectively.
38-2
SECTION 39
SCREENING
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
solid, made or 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 may be used as screening when
approved by the Administrative Official.
e. A screening device shall be at least six (6) feet in
height, but no more than eight (8) feet in height
unless otherwise specifically permitted or required
by this ordinance or unless approved as a variance or
special exception by the Board of Adjustment.
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.
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.
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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 residential lot
or 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. Said screening
requirements shall not be mandatory for public
schools, parks or churches, except where a parking
lot or active outdoor intensive use area (such as a
playground) is adjacent to a residential lot or
dwelling.
39.4 NON-RESIDENTIAL USES
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 residential lot
or 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 1/2) feet.
C. Garbage, refuse and trash collection/storage areas
shall be fully enclosed by a screening device six (6)
feet in height.
d. In all districts where outside storage is permitted,
screening shall be provided as required in Section 38
of this ordinance.
e. Off-street loading areas shall be adequately screened
from view of any residential dwelling lot or of any
other adjacent land use.
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SECTION 40
SITE PLANS
40.1 GENERAL - Whenever site plan approval is required by this,
or other ordinances, such site plan shall be submitted in
accordance with the requirements of this section.
40.2 APPLICATION - A written application for site plan approval
shall be filed with the Zoning Administrator on forms
prepared by the City. The application shall be signed by
the owner, lessee, developer or option holder of the
property and shall be accompanied by (a) a reproducible
drawing and copies as required by the Zoning Clerk; and
(b) a copy of the plat where the proposed site is located.
40.3 SITE PLAN INFORMATION - For purposes of determining the
exact information required on each site plan, all
development proposals shall be broken into two principal
types. The first type shall include development proposals
that are predominately residential in nature. Any
development proposal in which eight-five (85) percent or
more of the development proposed consists of single family
residential districts or duplexes shall fall within this
category.
All other development proposals not meeting the criteria
of single family residential districts shall fall under
the category of mixed use development site plan.
40.3A PREDOMINATELY RESIDENTIAL DEVELOPMENT SITE PLANS - The
site plan will show at least the following items of
information:
a. A scale drawing (to the scale of 1" = 401, or 1" _
201, or as approved. showing the land area included
within the site with existing boundary lines and
dimensions of the site, the land area of all abutting
sites and the zoning classifications thereof, all
public and private rights-of-way and easements
bounding and intersecting the site and the abutting
sites which are proposed to be continued, created,
relocated and/or abandoned;
b. The zoning classification of the site, including any
proposed zoning.
C. The width and type of bufferyard must be labeled;
d. All pedestrian walks, malls and open areas for use by
tenants or the public;
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e. The location, type and height of all walls, fences,
and screening devices (required where PD is used);
f. Draining plans and information as may be available to
show that the development will not be adversely
affected by flooding action, including the centerline
of existing water courses, drainage features and
floodway easements;
g. The anticipated schedule of development of the site;
h. Date, scale, north point, name of owner, and name of
person preparing the site plan;
i. Designation of the location and size of points of
ingress/egress to the site;
j. Location, size, height, type and orientation of
signs, lighting, luminaries and exterior auditory
speakers;
k. Area map indicating the neighborhood in which the
property is located;
1. Location of all trash dumpsters (only when used in
Multi-Family Residential);
M. Metes and bounds of property boundary.
40.3B MIXED USE DEVELOPMENT SITE PLANS - The site plan will show
at least the following items of information:
a. A scale drawing (to the scale of 1" = 401, or 1" _
201, or as approved. showing the land area included
within the site with existing boundary lines and
dimensions of the site, the land area of all abutting
sites and the zoning classifications thereof, all
public and private rights-of-way and easements
bounding and intersecting the site and the abutting
sites which are proposed to be continued, created,
relocated and/or abandoned;
b. The proposed finished grade of the site, shown to
contour intervals not exceeding two (2) feet. Spot
elevations must be shown at all critical points,
including but not limited to edges of pavement,
building corners, etc. Included must be directional
flow arrows in all flow lines, and all existing
drainage structures labeled with size, type and flow
line elevation;
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C. The zoning classification of the site, including any
proposed zoning.
d. The location, dimensions, size, and square footage of
each existing and each proposed building, structure
or land improvement on the site, the general category
of use or uses to be contained therein, the number of
stories, gross floor area, the maximum height, the
location of entrances and exits to buildings, the
percentage coverage of the site of the proposed
structures, and the location of all building lines;
e. The location of all on-site facilities for liquid and
sold waste temporary storage pending disposal;
f. The fire lane width must be designated with all curb
radii adjacent to the fire lane labeled;
g. The width and type of bufferyard must be labeled;
h. The location of any proposed septic field;
i. The location and width of all curb cuts and driving
lanes, including the radius of all curb returns;
j. All pedestrian walks, malls and open areas for use by
tenants or the public;
k. The location, type and height of all walls, fences,
and screening devices;
1. The types of surfacing, such as paving (for example,
asphalt, concrete, brick), turfing or gravel, to be
used at the various locations;
M. The location of fire hydrants;
n. Draining plans and information as may be available to
show that the development will not be adversely
affected by flooding action, including the centerline
of existing water courses, drainage features and
floodway easements;
o. The anticipated schedule of development of the site;
P. Date, scale, north point, name of owner, and name of
person preparing the site plan;
q. Clear designation of areas reserved for off-street
parking and for off-street loading, showing all
parking stalls; type of surface material to meet
City's minimum standards; the dimensions of such
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parking and loading areas; the ratio of parking
spaces to square feet of floor space or number of
spaces provided for each dwelling unit and the type
and location of illumination facilities for same;
r. Designation of the location and size of points of
ingress/egress to the site;
S. Location, size, height, type and orientation of
signs, lighting, luminaries and exterior auditory
speakers;
t. Area map indicating the neighborhood in which the
property is located;
U. Location of all trash dumpsters;
V. Elevations of the proposed structures, noting whether
or not the facades meet the masonry ordinance
requirements; and
w. Metes and bounds of property boundary.
40.4 REVIEW OF SITE PLAN
a. Unless otherwise provided in this ordinance, the
Planning and Zoning Commission shall review the site
plan at a public hearing as required by this
ordinance and state law for changes in zoning. The
Planning and Zoning Commission shall make its report
and recommendation to the City Council and shall
recommend such conditions and restrictions as
necessary to secure and protect the public health,
safety, morals and general welfare.
b. In granting or denying an application for a site plan
approval, the Planning and Zoning Commission and the
City Council shall take into consideration the
following factors:
1. Safety of the motoring public and of pedestrians
using the facility and the area immediately
surrounding the site.
2. Safety from fire hazards, and measures of fire
control.
3. Protection of adjacent property from flood or
water damage.
4. Noise producing elements, and glare of vehicular
and stationary lights and the effect of such
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lights on the established character of the
neighborhood.
5. Location, lighting and type of signs; relation
of signs to traffic control and the adverse
effect on adjacent properties.
6. Street size and adequacy of pavement width for
traffic reasonably expected to be generated by
the proposed use around the site and in the
immediate neighborhood.
7. Adequacy of parking, as determined by
requirements of this ordinance for off-street
parking facilities; location of ingress/egress
points for parking and off-street loading
spaces; and protection of public health by all
weather surfacing on all parking areas to
control dust.
8. Such other measures as will secure and protect
public health, safety, morals and general
welfare.
40.5 IMPROVEMENTS - All improvements to the land and all
buildings and construction on the land shall be in
accordance with the site plan approved by the City
Council.
40.6 ADMINISTRATIVE ACTION - On approval of the site plan by
the City Council, all necessary permits or certificates
authorized thereby may be issued.
a. Subsequent to such approval, minor changes may be
authorized by the Administrative Official when such
minor changes will not cause any of the following
circumstances to occur:
1. A change in the character of the development;
2. An increase in the ratio of the gross floor
areas in structures to the area of any lot;
3. An increase in the intensity of use;
4. A reduction in the originally approved
separations between buildings;
5. An increase in the problems of circulation,
safety, and utilities;
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6. An increase in the external effects on adjacent
property;
7. A reduction in the originally approved setbacks
from property lines;
8. An increase in ground coverage by structures;
9. A reduction in the ratio of off-street parking
and loading space to gross floor area in the
structures.
10. A change in the subject, size, lighting,
flashing, animation or orientation of originally
approved signs.
b. Any proposed amendment to a site plan which in the
opinion of the Administrative Official does not meet
the criteria of sub-paragraph 40.6a above may only be
approved pursuant to the same procedures and subject
to the same limitations and requirements by which the
original site plan was approved.
40.8 CONFLICT WITH OTHER REQUIREMENTS - If any conflict exists
between the language contained herein regarding site plan
requirements and any site plan ordinance of the City, the
more specific requirements shall apply.
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SECTION 41
CONCEPT PLANS
-41.1 PURPOSE AND INTENT - The Concept Plan is intended to
provide the Planning and Zoning Commission and the City
Council with the information and data that is necessary to
asses the merits of requests for zoning in the SF-30, SF-
20A, SF-20B, B-1 and B-2 districts. Approval of a Concept
Plan shall be required in connection with any request for
zoning to any SF-30, SF-20A, SF-20B, B-1, B-2 and HC
zoning district, unless such zoning request is upon the
application of the City.
41.2 APPLICATION - A written application for Concept Plan
approval shall be filed with the Zoning Administrator on
forms prepared by the City. The application shall be
signed by the property owner and shall be accompanied by a
sufficient number of copies (as determined by the Zoning
Administrator) of all conceptual or graphical
representations required herein, in a size sufficient to
clearly show all information required, and a copy reduced
to 8-1/211 x 11111 and two (2) copies of all written
documents.
41.3 CONTENT OF CONCEPT PLAN - A Concept Plan shall include all
of the following information in graphic representation or
written documents as appropriate, and shall be prepared by
a registered architect, registered engineer, registered
surveyor, or a registered landscape architect:
a. Legal description and a survey or plat certified by a
registered land surveyor, showing date, scale, north
point, property boundary lines, dimensions and
easements.
b. Applicant's name and address and their legal interest
in the subject property.
C. Owner's name and address.
d. Present zoning classification and present use of
subject property.
e. Land use designation as contained in and variances
from the Comprehensive Master Plan.
f. Conceptual representation of proposed use.
g. Conceptual representation of points of connection to
the public rights-of-way.
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h. Computation of proposed number of dwelling units and
the total acreage.
i. Conceptual landscaping for common areas.
j. Street address (or common description) of the
property.
k. A graphic rendering of the existing site conditions,
which depicts all significant natural, topographical,
and physical features on the subject property
including contours, location and extent of tree
cover, location and extent of water courses, marshes,
and flood plains on the subject property, and
existing drainage patterns.
1. Vicinity map indicating the area in which the
property is located.
M. Other information the applicant and/or owner might
wish to include.
n. Such other information as may reasonably be required
by the Planning and Zoning Commission or the City
Council.
41.4 EFFECT OF CONCEPT PLAN - All subsequent site plans shall
substantially conform to the Concept Plan approved with
the zoning application.
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SECTION 42
BUFFERYARDS
42.1 DEFINITION AND PURPOSE
a. Bufferyards shall be required in accordance with this
section to separate different land uses from each
other in order to eliminate or minimize potential
nuisances such as dirt, litter, noise, glare of
lights, signs, and unsightly buildings or parking
areas, or to provide spacing to reduce adverse
impacts of noise, odor, or danger from fire or
explosions.
b. A bufferyard is a unit of land, together with a
specified amount of planting thereon, and any
structures which may be required between land uses to
eliminate or minimize conflicts between them. Both
the amount of land and the type and amount of
planting and specified structures for each bufferyard
are designed to lessen nuisances between adjacent
land uses or between a land use and a public road.
The planting units required within bufferyards have
been calculated to insure that they do, in fact,
function as "buffers."
42.2 LOCATION - Bufferyards shall be located within and along
the outer perimeter of a lot or parcel boundary line
except where they interfere with a utility or drainage
easement. Set back lines shall take precedence; if in
conflict, however, the areas may overlap. Bufferyards
shall not be located on any portion of an existing or
dedicated public street or right-of-way.
42.3 DETERMINATION OF BUFFERYARD REQUIREMENTS
a. Refer to tables ONE, TWO or THREE to determine the
type of bufferyard required between two adjacent
parcels or a parcel and a roadway. The letter
designations contained in the tables refer to the
different bufferyards described in Illustration A,
"Illustration of Bufferyards" attached to this
section.
The bufferyards illustrated constitute the total
bufferyard required between the two adjacent uses.
Any of the options illustrated for each designated
bufferyard may be employed to satisfy the
requirements of that bufferyard.
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b. Illustration A graphically indicates alternative
specifications for each required bufferyard.
Bufferyard requirements are stated in terms of the
width of the bufferyard and the number of plant units
required per one hundred (100) linear feet of
bufferyard. The requirements of a bufferyard may be
satisfied by any of the options illustrated. The
"plant unit multiplier" is a factor by which the
basic number of plant materials required for a given
bufferyard is determined given a change in the width
of that bufferyard. Each option depicts the total
bufferyard required between two uses.
42.4 RESPONSIBILITY
a. Where adjacent property is developed in conformance
with the zoning on the property, a bufferyard shall
be provided on the developing property in accordance
with the requirements of Table One.
b. Where vacant land is adjacent to a proposed
development, a bufferyard shall be provided adjacent
to such vacant land in accordance with the
requirements set forth in Table Two. At the time the
vacant land is developed, an additional bufferyard
shall be required on the vacant land so that the
total bufferyard provided between the two properties
meets the requirements set forth in Table One.
C. Many cases will exist wherein a lot or parcel is
adjacent to more than one other lot or parcel.
Bufferyards provided on the developing lot or parcel
must respect the design, plant material and other
design elements of any adjacent bufferyards. This
requirement is intended to prevent inconsistent
design between bufferyards that are end to end and
adjacent to a single piece of property.
42.5 SUBSTITUTION OF PLANT MATERIALS - Specific planting
requirements for canopy trees, understory trees, shrubs
and evergreens/conifers are set forth in the various
bufferyards illustrated in Illustration A. Canopy trees
are those contributing to the uppermost spreading branchy
layer of a forest and may be commonly referred to as shade
trees. Understory trees are those growing below the top
layer of the forest and may be referred to as saplings and
larger growing shrubs. All references to canopy trees,
understory trees and shrubs are to deciduous trees and
shrubs. However, evergreen trees and shrubs may be
substituted for deciduous trees and shrubs in accordance
with the following:
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a. In bufferyards G, H, I, J, and K, evergreen canopy or
evergreen understory trees may be substituted for
deciduous trees without limitation.
b. In bufferyards A, B, C, D, E, F, S1 and S2, evergreen
canopy or evergreen understory trees may be
substituted as follows:
1. For deciduous canopy trees, up to a maximum of
fifty (50) percent of the total number of
deciduous canopy trees otherwise required.
2. In the case of deciduous understory, without
limitation.
C. In all bufferyards, evergreen shrubs may be
substituted for deciduous shrubs without limitation.
d. In all bufferyards, evergreen ground cover may be
substituted for the "evergreen/ conifer" portion of
the total number of shrubs required.
e. If the development of the adjoining uses is currently
used, planned or deed restricted for solar access,
understory trees may be substituted for canopy trees
where canopy trees would destroy solar access.
f. Any existing plant material which otherwise satisfies
the requirements of this section may be counted
toward satisfying all such requirements.
42.6 REQUIREMENT OF PLANT MATERIALS
a. Minimum plant size shall be as follows:
Plant Material Type Minimum Size
Canopy Tree
Single Stem/Trunk 1 1/2" caliper
Multi-Trunk Clump 6 feet (height)
Understory Tree 4 feet (height)
Evergreen Tree 3 feet (height)
Shrub
Deciduous 15 inches (height)
Evergreen 12 inches (height)
Groundcover One gallon containers
b. 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 drought hardy. The City may issue a list
42-3
of recommended plants and reserves the right to
approve plants and planting through an appointed
horticulturalist, landscape architect or other
persons so qualified.
C. All bufferyards, unless lawn grass or ground cover is
already established, shall be seeded with lawn grass
or planted with ground cover so as to assure coverage
within three years.
42.7 REQUIRED STRUCTURES
a. Whenever a wall, fence or berm is required within a
bufferyard, it shall be constructed in accordance
with the specifications and design set forth in
Illustration B, "Illustration of Required Structures"
attached to this section. Whenever a wall is
required in addition to a berm, the wall shall be
located between the berm and the higher intensity
use, in order to provide maximum sound absorption. A
"finished" side of a wall or fence shall face the
residential or less intense use.
b. The following structures are equivalent and may be
used interchangeably to meet the requirements of a
particular bufferyard:
Structure Equivalent Structure
F3 B1
F4 B2
F5 B3
F6 BWl
B1 F3
B2 F4
B3 F5
B3 F5
BW1 F6
42.8 DESIGN OF BUFFERYARD - The exact placement of required
plants and structures shall be the decision of each user
except that the following requirements shall be satisfied:
a. Berms with masonry walls (BW1, BW2, and BW3) in
required bufferyards J & K options are intended to
buffer more significant nuisances from adjacent land
uses and, additionally, to break up and absorb noise,
which is achieved by the varied heights of plant
materials between the masonry wall and the noise
source.
42-4
b. When berms with walls are required, the masonry wall
shall be closer than the berm to the higher intensity
use.
C. Within a bufferyard, a planting area of at least five
(5) feet wide containing fifteen (15) percent of the
total plant requirements (based on the multiplier =
1) shall be located between the masonry wall and the
higher intensity use. These plants shall be chosen
to provide species and sizes to reduce noise in
conjunction with the wall.
42.9 USE OF BUFFERYARDS - A bufferyard may be used for passive
recreation, such as pedestrian, bike or equestrian trails,
provided that: (a) no plant material is eliminated, (b)
the total width of the bufferyard is maintained, and (c)
all other regulations of this ordinance are met. In no
event shall the following uses be permitted in bufferyard:
playfields, stables, swimming pools, tennis courts or
similar facilities.
42.10 EXCESS BUFFERYARDS - Where the bufferyard required between
a land use and vacant land turns out to be greater than
that bufferyard which is required between the first use
and the subsequently developed use, the following options
apply:
a. The existing use(s) may expand into the original
bufferyard, provided that the resulting total
bufferyard between the two uses meets the bufferyard
requirements of this section.
b. The existing use(s) may enter into agreements with
abutting landowners to use its existing bufferyard to
provide some or all of the required bufferyard of
both land uses. The total bufferyard shall equal the
minimum requirements of this section. Provided that
such an agreement can be negotiated, the initial use
may provide the second use some or all of its
required bufferyard and/or extra land on which it
might develop. The existing use may reduce its
excess bufferyard by transferring part or all of the
excess bufferyard to the adjoining landowner to serve
as its bufferyard. Any remaining excess buffer area
may be used by the existing use for expansion of that
use or for transfer by it to the adjoining landowner
to expand that adjoining use.
42.11 CONTRACTUAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND-
When a land use is proposed adjacent to vacant land, and
the owner of that land enters into a contractual relation-
ship with the owner of the land use that is to be
42-5
developed first, a reduced bufferyard may be provided by
that first use, provided that the contract contains a
statement by the owner of the vacant land of an intent to
develop at a no greater intensity than specified in the
zoning category; and an agreement by that vacant landowner
to assume all responsibility for additional bufferyards if
needed at the time of development of the vacant land.
42.12 MAINTENANCE
a. The owner, tenant, and/or agent, if any, shall be
jointly and severally responsible for the maintenance
of all bufferyards.
b. Bufferyards shall be reasonably maintained including,
but not limited to, mowing (of grass of four (4)
inches or higher), edging, pruning, fertilizing,
watering, weeding, and other such activities common
to the maintenance of bufferyards.
C. Bufferyards shall be kept free of trash and litter
and other such material or plants not a part of the
bufferyard.
d. An underground automated watering system designed by
a licensed Texas irrigator or registered professional
engineer shall be installed and maintained in all
bufferyards.
e. All plant material shall be maintained in a healthy
and growing condition as is appropriate for the
season of the year. Any plant not surviving shall be
replaced within sixty (60) days of its demise.
However, if said bufferyard is above the minimum
required bufferyard provision, death of a plant or
plant material which still results in the
requirements of the minimum standards being met does
not necessitate replacement, except as required to
maintain the integrity of the bufferyard design. A
time extension may be granted by the Administrative
Official if substantial evidence is presented to
indicate abnormal circumstances beyond the control of
the owner, lessee or agent.
f. Lack of maintenance shall constitute a violation of
this ordinance.
42.13 VARIANCE - The Board of Adjustment shall have the
authority to permit a variance to the strict application
of this section under the terms of Section 44.
42-6
TABLE ONE
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO ALREADY DEVELOPED PROPERTY
ZONING OF ADJACENT TRACT
ZONING OF
DEVELOPING TRACT
AG CS RE SF1A SF1B SF30 SF20A SF206 MF1 MF2 01 02 C-1 C-2 C-3 C-4 B-1 8-2 11 12 HC MH
AG * D * * * " * * * D D D E E E E E E H H E D
CS D * D D D D D D 0 0 D E D E F I J J K K E D
RE * D * * D D E D E F ! J J K K E D
SF1A * D * * * ` * * * D D E D E F 1 J J K K E D
SF18 * D * * * * * * * D D E D E F I J J K K E D
SF30 * D * * * * * * * D 0 E D E F I J J K K E 0
SF20A * D * * * * * * * D D E D E F I J J K K E D
SF208 * D * * * * * * * 0 D E D E F ! J J K K E D
MF1 * D * * D D D E E E E E E K K E D
MF2 D D D 0 0 D 0 D 0 * D D E E E E E E K K E D
01 D D D D D D D D D D * D E E E E E E D D E 0
02 D E E E E E E E D D D * E E E E E E D D E D
C-1 E D D D D D D D E D D D * * * * E 0 E E * E
C-2 E E E E E E E E E E E E • * * * E D E E * E
C-3 E F F F F F F F E E E E * * * * E D E E * E
C-4 E I I I I I I I E E E E ' ` * * E D E E * E
B-1 E J J J J J J J E E E E E E E E * * * * E E
B-2 E J J J J J J J E E E E D D D D * * * * E E
11 H K K K K K K K K E E E E E E E ' * * E K
12 H K K K K K K K K E E E E E E E ' * * * E K
HC E E E E E E E E E E E E * * * * E E E E * E
MH D D D D D D D D D D D D E E E E E E F F E
NOTES:
* - no bufferyard required
In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use
of a,parcel shall be used for purposes of determining required bufferyard.
42-7
TABLE TWO
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO
UNDEVELOPED LAND - BASED ON LAND USES DISPLAYED ON RECOMMENDED LAND USE
PLAN AT TIME OF BUILDING PERMIT APPLICATION
LAND USE CATEGORY OF
ADJACENT, VACANT TRACT
ZONING OF
DEVELOPING TRACT
RESIDENTIAL OFFICE/RETAIL INDUSTRIAL P-SEMI-PUBLIC
AG * B J C
CS D B G B
RE * B J C
SF1A * B J C
SF1B * B J C
SF30 * B J C
SF20A * B J C
SF20B * B J C
MF1 D D D C
MF2 D D D C
01 C C D C
02 D C D C
C-1 C D D C
C-2 D D D C
C-3 E D D C
C-4 H D D C
B1 I D D C
B2 I D D C
I1 G G C J
12 G G C J
HC D D D C
MH D D D C
NOTES:
1) * - no bufferyard required
2) In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning
category applicable to the predominant or prevailing use of a parcel
shall be used for purposes of determining required bufferyard.
42-8
TABLE THREE
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO ROADWAYS
EXPRESSWAY ARTERIAL CO LECTOR RES.
LAND USE ACROSS STREET STREET
NON-RESIDENTIAL UNDEVELOPED RESIDENTIAL
ZONING OF
DEVELOPING
TRACT
AG
CS F D S2 B S2 D2
RE F D S2 S2 S2 S2
SF1A F D S2 S2 S2 S2
SF1B F D S2 S2 S2 S2
SF30 F D S2 S2 S2 S2
SF20A F D S2 S2 S2 S2
SF20B F D S2 S2 S2 S2
MF1 * C S2 B D D
MF2 * C S2 B D D
01 * B S2 B B C
02 * B S2 B B C
C-1 * * S2 B B C
C-2 * * S2 B B C
C-3 * * S2 B B C
C-4 * * S2 B B C
B1 * * S2 B B C
B2 * * S2 B B C
I1 B E S2 C F F
12 B E S2 C F F
HC * * S2 B B C
MH * C S2 B D D
NOTES:
1) * - no bufferyard required
2) In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning category
applicable to the predominant or prevailing use of a parcel shall be used for
purposes of determining required bufferyard.
42-9
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42-16
SECTION 43
AIRPORT DEVELOPMENT 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 Zoning Ordinance
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 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 Zoning
ordinance.
43-1
SECTION 44
BOARD OF ADJUSTMENT
44.1 ESTABLISHMENT - A Board of Adjustment is hereby established
• which shall consist of five members and two alternates to be
appointed by the City Council. The term of office of said
members and alternates shall be two (2) years. Three members
and one alternate shall be appointed to serve terms beginning
in odd numbered years and two members and one alternate shall
be appointed to serve terms beginning in even numbered years.
In making such appointments, the City Council shall name one
appointee as chairman and one as Vice-Chairman. After the
appointment of the original members and alternates thereof, all
vacancies occurring on the Board of Adjustment shall be filled
by appointment by the City Council. Members and alternates of
the Board of Adjustment may be removed from office by the City
Council for cause upon written charges and after public
hearing. Vacancies shall be filled by resolution of the City
Council for the unexpired term of the member or alternate
affected.
44.2 PROCEEDINGS OF THE BOARD - The Board of Adjustment shall adopt
rules necessary to the conduct of its affairs and in keeping
with the provisions of this ordinance. Meetings shall be held
at the call of the chairman and at such other time as the board
may determine. The chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance of
witnesses. All meetings shall be open to the public. All
cases to be heard by the Board of Adjustment shall always be
heard by a minimum of four (4) members. The Board of
Adjustment shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be
a public record and be immediately filed in the office of the
city and maintained by the City Secretary.
44.3 POWERS AND DUTIES - The Board of Adjustment shall have all
powers and duties granted by this ordinance and by Sections
211.008-211.011, Texas Local Government Code, and shall be
governed by same. These powers and duties shall include the
following:
a. Administrative Review - To hear and decide appeals that
allege error in any order, requirement, decision, or
determination made by the Administrative Officer in the
enforcement of this ordinance.
b. Variances - To authorize in specific cases variances from
the terms of this ordinance as will not be contrary to the
public interest, where due to special conditions, a
literal enforcement of the provisions of this ordinance
would result in unnecessary hardship and where the spirit
of the ordinance is observed and substantial justice is
44-1
done. A variance shall not be granted by the Board of
Adjustment except in accordance with the following:
(1) A written application for a variance shall be
submitted demonstrating:
(a) That special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not applicable
to other lands, structures, or buildings in the
same district;
(b) That literal interpretation of the provisions of
this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in
the same district under the terms of this
ordinance;
(c) That the special conditions and circumstances do
not result from the actions of the applicant;
(d) That granting of the variance requested will not
confer on the applicant any special privilege
that is denied by this ordinance to other lands,
structures, or buildings in the same district.
(2) No nonconforming use of neighboring lands,
structures, or buildings in the same district, and no
permitted use of lands, structures, or buildings in
other districts shall be considered grounds for the
issuance of a variance.
(3) A public hearing shall be held on all applications
for variances. Any party may appear in person, or by
agent or attorney.
(4) Fifteen (15) days notice of the public hearing shall
be given in accordance with the procedures used in
zoning cases.
(5) The Board of Adjustment shall make findings that the
requirements of this section have been met by the
applicant for a variance.
(6) The Board of Adjustment shall further make a finding
that the reasons set forth in the application justify
the granting of the variance and that the variance is
the minimum variance that will make possible the
reasonable use of the land, building or structure.
(7) The Board of Adjustment shall further make a finding
that the granting of the variance will be in harmony
with the general purpose and intent of this ordinance
44-2
and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
C. Special Exceptions - The Board may grant those special
exceptions which are specifically authorized under this
ordinance. A special exception may not be granted by the
Board except in accordance with the following:
(1) A written application for a special exception shall
be submitted and shall be accompanied by a site plan
prepared in accordance with Section 40 of this
ordinance. The site plan shall be reviewed by the
Board at a public hearing.
(2) Fifteen (15) days notice of the public hearing shall
be given in accordance with the procedures used in
zoning cases.
(3) No special exception shall be granted unless the
Board finds that the requested exception is
specifically permitted by this ordinance; that the
location of the proposed activities and improvements
are clearly defined on the site plan; and that the
special exception is wholly compatible with the use
and permitted development of adjacent properties
either as filed or subject to such limitations and
requirements as the board deems to be necessary to
protect adjacent properties.
44.4 CLASSIFICATION OF NEW AND UNLISTED USES
a. It is recognized that new types of land may develop and
forms of land uses not anticipated herein or clearly
covered herein may be the basis of a request for zoning in
the City.
b. In order to provide for such changes and contingencies, an
interpretation of the ordinance as to whether or not such
requested land use is covered or not by the existing
ordinance shall be first made by the Administrative
Official. The decision of the Administrative official may
be appealed to the Board of Adjustment, who shall consider
the nature and characteristics of the proposed use and its
compatibility with the uses permitted in various zoning
districts, and determine in its opinion which zoning
district or districts such use should be listed in, or
whether the same should be a special exception use, and
shall so make its findings in writing.
44.5 DECISIONS OF THE BOARD OF ADJUSTMENT - In exercising the above
mentioned powers, the Board of Adjustment may, so long as such
action is in conformity with the terms of this ordinance,
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and may
44-3
make such order, requirement, decision or determination as
ought to be made and to that end shall have powers of the
Administrative Official from whom the appeal is taken.
44.6 CONDITIONS OF VARIANCE OR SPECIAL EXCEPTION - In granting any
variance or special exception, the Board of Adjustment may
prescribe appropriate conditions and safeguards in conformity
with this ordinance. Violation of such conditions and
safeguards, when made a part of the terms under which the
variance or special exception is granted, shall be deemed a
violation of this ordinance.
Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissible under the terms of this
ordinance in the district involved or any use expressly or by
implication prohibited by the terms of this ordinance in said
district.
44.7 VOTE - The concurring vote of four members of the Board shall
be necessary to reverse any order, requirement, decision, or
determination of the Administrative Official, or to decide in
favor of the applicant on any matter upon which the Board is
required to pass under this ordinance, or to approve any
variance or special exception.
44.8 APPEAL TO BOARD - All questions of interpretation and
enforcement shall be first presented to the Administrative
Official, and such questions shall be presented to the Zoning
Board of Adjustment only on appeal from the decision of the
Administrative Official.
a. Appeals to the Board of Adjustment concerning
interpretation of administration of this ordinance may be
taken by any person aggrieved or by any officer or
department of the City affected by any decision of the
Administrative Official. Such appeals shall be taken
within a reasonable time, not to exceed 60 days, or such
lesser period as may be provided by the rules of the Board
of Adjustment specifying the grounds thereof. The
Administrative Official shall forthwith transmit to the
Board all papers constituting the record upon which the
action appealed was taken.
b. The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof as
well as due notice to the parties in interest, and decide
the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
44.9 JUDICIAL REVIEW - Any person aggrieved by a decision of the
Board, any taxpayer, or any officer, department, board or
bureau the City, may seek review by a court of record of such
44-4
decision, and under the time limit and requirements specified
in Section 211.011 of the Texas Local Government Code.
44.10 STAY OF PROCEEDINGS - An appeal stays all proceedings in
furtherance of the action appealed from, unless the Administra-
tive official from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal is filed with
him that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life and
property. In such case, proceedings shall not be stayed other
than by a restraining order which may be granted by the Board
of Adjustment or by a court of record on application, on notice
to the Administrative Official from whom the appeal is taken
and on due cause shown.
44.11 WAIVER OF MANDATORY YARD AND SETBACK REQUIREMENTS - The Zoning
Board of Adjustment may approve waiver of up to fifteen (15)
percent of any required yard area or setback when such a waiver
is necessary due to a surveying or construction error in the
placement of the original foundation or site improvement. The
Zoning Board of Adjustment may in its discretion delegate to
the Zoning Administrator its authority under this provision for
all or a portion of the fifteen (15) percent area waiver
pursuant to such terms and conditions as the Board may
establish. The Zoning Administrator shall not be authorized to
approve a waiver under this Section until the Zoning Board of
Adjustment shall have issued a written decision outlining the
terms and conditions under which these waivers may be granted.
44.12 AUTHORIZED SPECIAL EXCEPTIONS - The following special
exceptions may be permitted by the Board of Adjustment in the
district specified, subject to full and complete compliance
with any and all conditions required in this section, together
with such other conditions as the Board may impose:
DISTRICT
SPECIAL EXCEPTION WHERE PERMITTED
a. Churches, synagogues, temples and AG, RE, SF-1A,
other similar facilities for worship, SF-1B, SF-30,
fellowship and education, subject to SF-20A, SF-20B,
the following conditions: MF-1, MF-2
1. The Board shall impose such
reasonable conditions as it deems
necessary to protect the residential
neighborhoods, in so far as
practicable, from the detrimental
effects of noise, traffic, fire, etc.
and to protect the character of the
neighborhood and the value of
surrounding properties;
44-5
2. In granting or denying such
application, the Board 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 Board 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.
3. 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.
b. Public, semi-public and parochial/ All except B-1,
private schools, not including CS, HC, I-1 and
correctional institutions or trade I-2
schools.
C. Public, semi-public and private AG, RE, SF-1A,
golf courses together with related SF-1B, SF-30,
clubhouse, pro-shop and maintenance/ SF-20A, SF-20B,
storage buildings, provided no MF-1, MF-2 and
building is closer than one hundred B-2
(100) feet from any adjoining side or
rear property lines or closer than
fifty (50) feet to a public street
right-of-way line.
d. Temporary roadside stands for the
seasonal sale of fruit, vegetables, AG
and produce raised or grown on the
premises, provided that any such stand
shall be set back not less than
fifteen (15) feet from the adjacent
street right-of-way and adjacent
property lines, and further provided
said stand shall be removed when the
seasonal use shall cease.
44-6
e. Equestrian riding stables, tack AG, I-2
rooms, show rings, and rodeo grounds,
either private or when 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.
f. Dude ranches catering to temporary AG
guests housed on the premises
g. Colleges, junior colleges, or All except CS,
other similar institutions of higher I-1 and I-2
learning, whether public or private,
when located on a site of at least
twenty (20) acres, and provided such
facilities have 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.
h. Airports, aviation field or C-3
aircraft landing areas.
i. Marina or yacht club, whether AG
private or public.
j. Community centers and service AG, RE, SF-1A,
clubs dedicated to social or SF-1B, SF-30,
recreational activities serving the SF-20A, SF-20B,
City or neighborhood thereof. Such MF-1 and MF-2
buildings and facilities shall be set
back at least thirty (30) feet from
all side and rear property lines and
forty (40) feet from any street line.
The total ground floor area of all
such buildings and structures shall
not cover more than twenty-five (25)
percent of the site area devoted to
such facilities and activities.
44-7
k. Athletic stadiums, public or AG, RE, SF-1A,
private, when located adjacent to a SF-1B, SF-30,
thoroughfare or collector street. SF-20A, SF-20B,
MF-1, and MF-2
1. Fish hatcheries and fish farms. AG, I-2
M. Public governmental buildings All
including community health centers and
recreation buildings, libraries,
museums, postal stations, and
administrative offices of federal or
state government.
n. Servants or family quarters for AG, RE, SF-1A,
domestic servants employed on the SF-1B, SF-30
premises or family members of the
owner of the premises and shall not be
rented or otherwise used as a separate
domicile provided the gross
inhabitable square footage of the
floor area shall not exceed one
thousand (1,000) square feet. Such
quarters may be housed within the
principal residential dwelling, above
a residential garage, or be part of an
accessory building on the same
premises, and shall comply with
minimum standards for light, health,
safety and occupancy in conformance
with other applicable City Codes and
Ordinances. If the quarters exist as
a separate accessory building to the
principal dwelling, such quarters must
be located at a distance of at least
thirty (30) feet behind the principal
dwelling, or not be visible from the
street; in addition, such quarters
must share a common street access with
the principal dwelling. All utilities
must be on the same meter as the
principal dwelling. A separate septic
system from the principal dwelling is
required if the quarters are housed
other than in the principal dwelling.
44-8
o. Temporary real estate sales All
office, including manufactured
housing, to be located on property
being sold for a period of sale
exceeding two (2) years.
p. Sales and service of new auto- C-4, I-1
mobiles, trucks, or motorhomes.
q. Sales and service of used auto- I-1
mobiles, trucks, or motorhomes.
r. Medical care facilities: nursing CS, C-1, C-2
and care homes, hospitals, with their
related facilities and 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.
s. Helistop. CS HC 0-1
0-2, I-1, I-2,
B-2
t. Cemetery Uses. CS
1. Application. An application
for a cemetery use must be in writing
and shall include:
(a) Name and address of
applicant.
(b) Location and legal
description of proposed cemetery land.
(c) Complete plan in
conformity with the requirements of
Development Plan herein provided.
(d) Preliminary specifica-
tions of all buildings, improvements,
utility installations and other
facilities to be constructed on or
under the land proposed for zoning
change.
(e) Such further reasonable
information as may be required by the
Board of Adjustment.
44-9
2. Development Plan - The
cemetery shall conform to the
following minimum requirements:
(a) It shall be located on
a well drained site, properly graded
to insure rapid draining and freedom
from stagnant pools of water.
(b) All walkways and
driveways within a cemetery shall be
all weather, hard-surfaced.
(c) 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.
(d) 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.
44-10
(e) 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.
(f) 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.
3. Location - Any cemetery, or
any portion of land designated for the
use thereof, shall comply with the
following minimum requirements as to
location:
(a) It shall conform to
distance requirements of 912a-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.
(b) 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.
44-11
4. 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.
5. Screening and Fencing
a. 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.
b. Any additional fencing,
screening, walls, landscaping, or
ornamental planting shall be installed
if deemed necessary by the Board of
Adjustment in relation to the property
itself or in relation to any adjoining
property.
U. The Board of Adjustment may 0-1, 0-2, I-1
authorize the establishment of retail
operations in an amount 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.
44-12
The Zoning Board of Adjustment shall
be authorized to grant special
exceptions 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.
V. The erection and maintenance of All
antennas, satellite dishes,
telecommunication facilities or towers
in excess of maximum height
regulations for this district where
such structures are related to
principal permitted uses occupying the
structures to which they are attached
or affixed.
W. Day nurseries or equivalent 0-2, B-1
childcare facilities operated
principally for the benefit and
service of employees working within
the office building or consolidated
office complex. If the Board of
Adjustment should choose to grant a
special exception use for this
activity, the activity shall not be
subject to or included within the
fifteen (15) percent calculation for
supporting retail services as outlined
for other supporting retail
activities.
X. The location of day nurseries or C-1
similar childcare activities, if said
activity is clearly designed to
support neighborhood requirements in
the residential areas lying in close
proximity to the specific use site.
y. Studios designed for the practice, C-1
education or training in art, dance,
music, drama, photo, or interior
design.
44-13
z. Outdoor storage of plants or other C-2, C-3, C-4
greenery if conducted as a portion of and B-2
the retail operations of another
principal use permitted within this
district. This specific special
exception is designed to permit the
Board of Adjustment to allow limited
outdoor garden sales activity in
conjunction with traditional retail
operations subject to the
establishment of safeguards deemed
necessary and appropriate to protect
adjoining properties.
In granting a special exception
for this activity, the Board of
Adjustment is authorized to set out
specialized buffering, screening,
design and signage requirements to
ensure that the outdoor storage,
display and sale is totally compatible
with the specific site and all
surrounding land uses.
aa. The Zoning Board of Adjustment C-3
may permit the construction of
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.
bb. A residential unit(s) for the B-2, I-1
exclusive use of an employee or
employees of the principal use, 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 Board of Adjustment 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.
44-14
cc. Rifle and pistol ranges. B-2
dd. Private airfields and aircraft CS, AG, C-3
landing area.
ee. Veterinary clinics for large I-1, I-2
animal care, to include such
restrictions as the Board deems
necessary for protecting adjacent
properties from negative environmental
impacts.
ff. The construction of accessory AG, MF-1, MF-2,
buildings or structures of a size or SF-1A, SF-1B,
aggregate size greater than that SF-30, SF-20A,
permitted under the accessory building SF-20B
requirements of the zoning district in
which the property lies.
gg. Paper or metal processing and I-2
storage.
hh. Gravel crushing, screening and I-2
washing.
ii. Dyecasting manufacture. I-2
jj. Concrete batching or transient ALL
mix plant.
kk. Concrete products manufacturing. I-2
11. Boiler making, repairing and I-2
boiler work.
mm. Asphalt storage, liquid or solid. I-2
nn. Meat processing plants. I-2
oo. Golf driving range. AG, C-3, C-4,
I-1, I-2
44-15
pp. Petroleum Operations. The Zoning I-2
Board of Adjustment may grant this use
as a special exception, subject to
compliance with the following
provisions:
1. In granting or denying a use
in this category, the Zoning Board of
Adjustment 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.
2. The Zoning Board of
Adjustment may permit the following
uses within this category.
a. On-site storage of
petroleum products.
b. Pipe line transfer or
servicing operations relating to the
delivery of petroleum based products.
C. Petroleum distribution
points of a wholesale nature designed
to allow the loading or off-loading of
truck facilities in a non-retail
setting.
d. Petroleum blending
operations.
e. Any or all other
petroleum related uses which in the
opinion of the Zoning Board of
Adjustment appear to be in character
with the permitted uses for this dis-
trict.
44-16
3. No special exception shall be
granted unless a developmental site
plan as set forth in Section 27.6 is
submitted to, and approved by, the
Zoning Board of Adjustment.
qq. The Zoning Board of Adjustment I-1, I-2
may authorize a waiver of the solid
wall screen requirement for outdoor
storage, only when such outdoor
storage abuts a lot or tract zoned AG,
and only when there is no residence on
such lot or tract within five hundred
(500) feet of the storage area. The
Zoning Board of Adjustment has no
authority to waive Section 38
Screening Requirements where the
outdoor storage abuts properly zoned
residential. The applicant requesting
a waiver of screening requirements
must submit a map to the Zoning Board
of Adjustment showing that the outside
storage area is so situated that it
will not be an eyesore, and is
sufficiently distanced from any
residences.
rr. Community Health Centers. All
ss. Rodeo Grounds. AG, I-2
tt. Outside storage, subject to the I-1
requirements of Section 38. A site
plan is required.
uu. Non-commercial radio and AG, RE, SF-1A,
television receiving antennae and non- SF-1B, SF-30,
commercial radio transmitting antennae SF-20A, SF-208,
limited in height to sixty (60) feet MF-1, MF-2
(measured from the ground line in
front of the dwelling or use facing a
public street), and further provided
no electrical, radio or television
signal interference is created which
would adversely affect such signals,
whether audio or visual, to nearby
dwellings and other permitted uses.
Any and all television satellite
dishes shall be installed in the
required rear yard in such a manner as
to reduce or eliminate their
visibility from all public rights-of-
way.
44-17
SECTION 45
SPECIFIC USE PERMITS
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:
USE DISTRICT WHERE PERMITTED
1. Sale of alcoholic beverages. 0-2, C-1, C-2, C-3,
C-4
2. Outdoor entertainment centers C-3, C-4, B-2, I-1
(including ball parks, I-2
miniature golf courses,
golf driving ranges, batting
cages, carnivals, archery
ranges and similar uses).
3. Boarding kennels C-3, C-4, B-2, I-1
45.2 SITE PLAN - An approved site plan shall be a prerequisite
to the approval of a specific use permit. Information
required to be submitted, approval of the site plan, and
any administrative action shall be in accordance with
Section 40 of this ordinance to the extent such
requirements are applicable.
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 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.
45-1
45.5 FACTORS TO BE CONSIDERED - In granting or denying an
application for a specific use permit, 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.
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 one
thousand (1,000) feet of a church, public school or
public hospital. Such measurement shall be made as
the crow flies.
45-2
SECTION 46
AMENDMENTS TO THE ZONING ORDINANCE
46.1 GENERAL - The City Council may from time to time amend,
supplement, or change by ordinance the boundaries of the
zoning districts or the regulations herein established.
a. The Planning and Zoning commission or the City
Council may, on its own motion, institute proposals
to amend, supplement, or change a zoning district
boundary or zoning regulation in the public interest.
b. The owner of any real property, or his agent, upon
proof of such ownership, may file an application to
change a zoning classification on such property.
C. The property owner, lessee, developer, or option
holder of any property may petition the governing
body for an amendment to the text of this ordinance
which affects such property.
46.2 APPLICATION
a. An application for a change of zoning classification
by a property owner shall be submitted on forms
prepared by the City and shall be accompanied by two
(2) copies of the following:
1. An application form signed by the owners of all
property within the area of request.
2. A boundary survey, with a metes and bounds
description and reflecting improvements, per-
formed by a public surveyor registered in the
State of Texas. The survey must be performed
within the ninety days prior to submission.
3. Where multiple types of land use are proposed, a
land use plan delineating the specific areas to
be devoted to various uses.
4. A concept plan or site plan as required by this
ordinance or any other ordinances of the City.
b. An application by an owner, lessee, developer or
option holder for an amendment to the text of this
ordinance shall be filed in duplicate on forms
prepared by the City and shall be accompanied by any
reasonable information requested by the
Administrative Official to assist the City in its
review of the application.
46-1
C. Every application shall be accompanied by the
appropriate filing fee as established by the City,
and under no condition shall said fee or any part
thereof be refunded for failure of such amendment to
be enacted into law.
46.3 REVIEW PROCEDURES
a. Before taking action on any proposed amendment,
supplement, or change, the City Council shall submit
the same to the Planning and Zoning Commission for
its recommendation and report. The Planning and
Zoning Commission, shall hold a public hearing on any
application for any amendment, supplement, or change
prior to making its recommendation and report to the
City Council. Written notice of all public hearings
before the Planning and Zoning Commission, on a
proposed amendment, supplement, or change to a
district boundary shall be sent to all owners or
persons rendering taxes on real property lying within
two hundred (200) feet of the property for which the
change is requested, and notice shall be sent to all
property owners within a platted subdivision of the
property in question. Such notice shall be given not
less than ten (10) days before the date set for
hearing by depositing a notice properly addressed and
postage paid in the United States Post Office to such
property owners as their ownership appears on the
last approved City tax roll.
b. A public hearing shall be held by the City Council
before adopting any proposed amendment, supplement,
or change. At least fifteen (15) days notice of the
time and place of such hearing shall be published in
the official newspaper of the City of Southlake.
Furthermore, the Administrative official is directed
to cause a sign to be placed upon each property to be
rezoned clearly visible to passersby which states
that the property is the subject of a rezoning
application (or words of like intent). The sign
shall be posted at least 15 days prior to the hearing
and shall remain posted until the hearing. The
erection or continued maintenance of the sign shall
not be deemed a condition precedent to the holding of
the public hearing, the adoption of any proposed
zoning change, or any other official action
concerning such amendment.
d. If a proposed change to a regulation or boundary is
protested in accordance with this subsection, the
proposed change must receive, in order to take
46-2
effect, the affirmative vote of at least three-
fourths of all members of the City Council. The
protest must be written, signed and acknowledged by
the owners of at least twenty (20) percent of either:
1. The area of the lots or land covered by the
proposed change; or
2. The area of the lots or land immediately
adjoining the area covered by the proposed
change and extending two hundred (200) feet from
that area.
d. In order to overrule a recommendation of the Planning
and Zoning Commission that a proposed change to a
regulation or boundary be denied, an affirmative vote
of at least three-fourths of all the members of the
City Council shall be required.
46.4 LIMITATION ON REAPPLICATION - A zoning application for the
same action and for the same property which has been
previously denied by the City Council may not be
re-initiated for a period of at least six (6) months from
date of denial unless the application was denied without
prejudice.
46-3
SECTION 47
SCHEDULE OF FEES CHARGES AND EXPENSES
47.1 SCHEDULE OF FEES. CHARGES AND EXPENSES - The City Council
shall establish a schedule of fees, charges, and expenses
and a collection procedure for the administration, review
and processing of applications regarding the issuance of
building permits, certificates of occupancy, zoning change
requests, appeals, and other matters pertaining to this
ordinance. The schedule of fees shall be posted in the
office of the Administrative Official, and may be altered
or amended only by the City Council. This schedule shall
be reviewed at least annually by the City Council.
47.2 FEES REOUIRED - Until all applicable fees, charges, and
expenses have been paid in full, no action shall be taken
on any application or appeal. The fees shall not be
refundable. Fees will be required for the following
items:
a. Applications regarding a change to zoning district
boundaries, or to the text of the Zoning ordinance.
b. Application for a "Certificate of occupancy" for
non-conforming Structures.
C. Applications to the Zoning Board of Adjustment.
d. Annexation of Property by Formal Petition: Utility
fee per lot.
e. Building Permits for Valuations Exceeding $100.
f. Sign Permits.
g. Moving of buildings or structures.
h. Demolition of buildings or structures.
i. Impact Fees.
47-1
SECTION 48
PENALTIES: INJUNCTION
48.1 PENALTIES - 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 $2,000.00 for
each offense. Each day that a violation exists shall
constitute a separate offense. The penalty should not be
construed as exclusive, and the City hereby provides that
any other remedy available to it, in law or in equity, is
not intended to be, and is not, foreclosed by the
provision of such penalty.
48.2 INJUNCTION - The City shall have and retain the right for
injunctive relief against any person, firm or corporation
who is in the process of or about to violate any section,
paragraph, or part of this ordinance. Such right for
injunctive relief shall exist independent of the other
penalty provisions of this ordinance and not in lieu
thereof. The right of injunctive relief is essential to
the City in order that it may maintain an orderly and
properly planned control over all land uses thus
protecting the health, morals, safety and well being of
the citizens and halting any attempt by any person, firm,
or corporation to inflict temporary or permanent injury on
the general public by a failure to comply with the terms
of this ordinance.
48-1
SECTION 49
SAVINGS CLAUSE
All rights or remedies of the City of Southlake, Texas, are
expressly saved as to any and all violations of Ordinance No.
334, as amended, or of any zoning ordinance or amendments thereto
of said City of Southlake, Texas, that have accrued at the time
of the effective date of this ordinance; and as to such accrued
violations, the Court shall have all the powers that existed
prior to the effective date of this ordinance; and all existing
violations of previous zoning or building ordinances which would
otherwise become non-conforming uses under this ordinance, shall
not become legal non-conforming uses under this ordinance but
shall be considered as violations of this ordinance in the same
manner that they were violations of prior zoning ordinance of the
City of Southlake, Texas.
49-1
SECTION 50
CUMULATIVE CLAUSE
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. Ordinance No.
334, as amended, is hereby repealed.
50-1
SECTION 51
SEVERABILITY CLAUSE
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.
51-1
SECTION 52
PUBLICATION IN PAMPHLET FORM
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.
52-1
SECTION 53
PUBLICATION IN OFFICIAL NEWSPAPER
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 said
hearing, and if this ordinance provides for the imposition of any
penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish
this ordinance in the official City newspaper one time within ten
days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
53-1
IP
SECTION 54
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 5t DAY OF
SEPTEMBER, 1989.
%sa~ae9e~~+~L
A,r
MAYOR
ATTtST:
.......~g'° ,i`°•```` 41TYMSECRETARY
PASSED AND APPROVED ON SECOND READ NG ON THIS DAY OF
SEPTEMBER, 1989. -
MAYOR
ATT T :
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
~~l~A??k1
City Attorney
Date: 10-2 ADOPTED: EFFECTIVE: 54-1
SECTION 54
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 5th DAY OF
SEPTEMBER, 1989.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS 19TH DAY OF
SEPTEMBER, 1989.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
54-1
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APPENDIX B
MATRIX OF PERMITTED USES
This matrix is provided for the convenience of the reader to
facilitate the finding of permitted land uses in the various
zoning districts. This matrix might not accurately or fully
reflect the use regulations contained in this ordinance. It is
not intended and should not be used as a substitute for the use
regulations set forth in the various zoning districts and other
sections of this ordinance and the reader should consult the text
to determine the precise and complete regulations. applicable
under this ordinance to a particular use or a particular
property.
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