Item 6A
P&DSD
LANNING EVELOPMENT ERVICES EPARTMENT
1400MS,S310,S,TX76092
AIN TREET UITE OUTHLAKE
www.cityofsouthlake.com
M E M O R A N D U M
July 30, 2008
TO:
Shana Yelverton, City Manager
FROM:
Ken Baker, AICP, Director of Planning & Development Services
SUBJECT
: Ordinance No. 480-VVV, an amendment to the City’s Comprehensive
Zoning Ordinance No. 480, as amended, providing for miscellaneous
amendments and corrections.
ACTION REQUESTED:
City Council consideration and approval of the second
reading of proposed Ordinance 480-VVV, amendments to
the Comprehensive Zoning Ordinance No. 480, as
amended, for miscellaneous amendments and corrections.
BACKGROUND
INFORMATION:
Over the course of the past few months, city staff has
indentified a number of minor inconsistencies in the Zoning
Ordinance as well as opportunities for improvement. These
recommendations come as a result of our daily application
of the ordinance and direction from the Planning & Zoning
Commission and City Council.
On July 15, City Council tabled this item to allow staff to
review and revise the lot coverage component of this
ordinance. Staff is proposing two options to City Council:
OPTION A
Section 14 (“SF-20A” Single Family Residential District)
Keep the existing maximum lot coverage of thirty percent
(30%), but add a maximum lot coverage of thirty-five percent
(35%) for properties with only single-story buildings.
OPTION B
Section 44 (Board of Adjustment)
Create a Special Exception Use permit to allow properties a
5% increase in the maximum lot coverage.
Ordinance 480-VVV
- 1 -
The remaining amendments address the following areas:
Section 30 (“PUD” Planned Unit Development District)
a. Remove the 30% lot coverage regulation (as lot coverage
will default to the PUD’s base zoning district).
b. Remove any references to mixed uses in a PUD
Section 33 (Supplementary District Regulations):
a. Revise term “on-premise septic tank and subsurface
drainage field” to “on-site sewage facility (OSSF)”
Section 34 (Accessory Uses)
a. Clarify language regarding permitted placement of
noncommercial radio transmitting antennas
b. Allow sale of alcoholic beverages in grocery stores as
accessory use
c.
Allow International Building Code to determine building
separation requirements
Section 35 (Off-Street Parking)
a. Remove all references to Section 38
Section 37 (“DT” Downtown Zoning District)
a. Remove the Specific Use Permit requirement for beer,
wine, and alcohol sales
b. Create a Specific Use Permit requirement for accessory
buildings
Section 40 (Site Plan)
a. Add “Color-coded Landscape Plan” as a Site Plan
submittal requirement
Section 42 (Bufferyards)
a. Remove the list of recommended planting materials.
b. Defer to the Landscape Ordinance for any recommended
planting materials
Section 45 (Specific Use Permits)
a. Create a Specific Use Permit requirement for accessory
buildings on properties zoned for non-residential uses
i. Provide for accessory structure regulations
Section 47 (“TZD” Transition Zoning District):
a. Clarify the Site Plan approval process;
Ordinance 480-VVV
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b. Remove the Specific Use Permit (SUP) requirement for
alcohol sales;
c. Create a Specific Use Permit requirement for accessory
buildings in the Retail Area and Retail/Neighborhood Edge.
i. Provide for accessory building regulations
Section 49 (“ECZ” Employment Center Zoning District)
a. Clarify the Site Plan approval process;
b. Remove the Specific Use Permit (SUP) requirement for
alcohol sales;
c. Create a Specific Use Permit requirement for accessory
buildings in the EC-Core and EC-Edge.
i. Provide for accessory building regulations
All Sections
- Additional minor revisions may be made throughout the
public hearing process
FINANCIAL
CONSIDERATIONS:
None.
CITIZEN INPUT /
BOARD REVIEW:
A public hearing was held prior to the recommendation for
approval made by the Planning & Zoning Commission. No
public comments were received.
A public hearing will be held prior to any second reading
consideration by the City Council and citizen comments will
be received at that time.
LEGAL REVIEW:
This ordinance has been reviewed by the City Attorney.
P&Z ACTION:
June 19, 2008; Approved (4-0) as presented.
COUNCIL ACTION:
July 1, 2008; Approved (4-1) first reading.
July 15, 2008; Approved to table to the August 5 City
Council meeting.
STAFF
RECOMMENDATION:
Conduct a public hearing.
Approve Ordinance No. 480-VVV as presented.
ALTERNATIVES:
(1) Deny the request; (2) approve as presented; or (3)
approve with modification.
Ordinance 480-VVV
- 3 -
STAFF CONTACT:
Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
ATTACHMENTS:
Ordinance No. 480-VVV
Link to PowerPoint Presentation
Ordinance 480-VVV
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LOT COVERAGE OPTION “A”
Section 14 (“SF-20A” Single Family Residential District)
Provide for the following revision:
14.5 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable:
e. Maximum Lot Coverage: All buildings shall have a maximum lot coverage
not exceeding thirty percent (30%) of the lot area, except the sum total of
accessory buildings shall not exceed 600 square feet. Where all
buildings on the property do not exceed one story, the maximum lot
coverage shall not exceed thirty-five percent (35%). (As amended by
Ordinance No. 480-C.)
LOT COVERAGE OPTION “B”
Section 44 (Board of Adjustment)
Provide for the following addition:
44.12 SPECIAL EXCEPTIONS USE POWERS - 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 (as amended by Ordinance
No. 480-D, 480-SS, and 480-NNN):
SPECIAL EXCEPTION USEDistrict Where
Permitted
9. The construction of buildings of a size or aggregate size greater than permitted under the lot SF-1A, SF-1B, SF-
coverage requirements of the zoning district of the property based on the following criteria: 30, SF-20A, SF-20B,
MH, MF-1, MF-2, R-
a. Building not to exceed one story
PUD
b. Compatibility with surrounding properties
PLOT PLAN,
c. Not to exceed an additional 5% of the lot area above the permitted lot coverage as
ELEVATIONS, AND
defined by the zoning district of the property
RENDERINGS
d. Setback from adjoining properties and rights-of-way and location of building or REQUIRED
buildings on subject property
Ordinance 480-VVV
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Section 30 (“PUD” Planned Unit Development District)
Provide for the following revision:
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.
30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and
other development regulations for permissible uses in a PUD district shall
conform to the development regulations which would be applicable to such uses
if the same were situated in the most restrictive district in which such uses are
permitted. Zero lot line development may be permitted for non-residential uses
on a common interior lot line where construction of a party wall is used. Where
zero lot development is utilized, the equivalent open space and plantings
(normally provided in adjoining bufferyards along the common lot line) shall be
provided elsewhere within the two developing lots. In addition, the City Council
may approve more flexible development standards if other design features
provide adequate protection to surrounding and adjacent properties. For any
residential PUD, the maximum density permitted shall not exceed 1.80 dwelling
units per gross acre. In any residential PUD, all buildings and structures shall
have a maximum lot coverage not exceeding thirty percent (30%) of the lot area,
except the sum total of accessory buildings shall not exceed six hundred (600)
square feet. (As amended by Ordinance No. 480-U.) (As further amended by
Ordinance No. 480-X.)
30.9(c) In any residential and nonresidential Planned Unit Development, all
nonresidential building sites shall submit a site plan meeting the requirements of
Section 40 of this ordinance.
Ordinance 480-VVV
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Section 33 – Supplementary District Regulations
Provide for the following revision:
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
on-site sewage facility (OSSF) designed and constructed in conformance with
the methods and standards approved by the State Department of Health, City's
Plumbing Code, and Ordinance No. 514. Where the use of an on-premise septic
tank and subsurface drainage field on-site sewage facility (OSSF) is to be
employed, the minimum lot size must be one acre per family, residence or
commercial structure, with a minimum usable area of at least one acre, and the
use must be approved by the City Council of the City of Southlake. The
minimum usable area requirement of one (1) acre per lot shall exclude all areas
of the lot (As amended by Ordinance 480-JJJ and 480-VVV):
a. In any flood plains as identified on the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM);
b. In any drainage and flowage easements; and
c.
Having topographical limitations as regulated under the standards for on-site
sewage facilities in the Texas Administrative Code Chapter 285.
Ordinance 480-VVV
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Section 34 – Accessory Uses
Provide for the following revisions under Section 34.1
ACCESSORY USE District Where
Permitted
c. Accessory buildings enclosing equipment or activities in conjunction with
the permitted principal uses. No accessory use shall be construed to ALL AG, RE, RCS, SF-1A,
permit the keeping of articles or materials in the open or outside the SF-1B, SF-2, SF-30, SF-
building unless specifically permitted elsewhere in Section 40 of this 20A, SF-20B, MF-1, MF-2
ordinance.
x. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the
building official in accordance with the city's building code. The height of antennas shall be measured
in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas
installed for the purpose of municipal communications are exempted from the requirements of this
section. (As amended by Ord. No. 480-J)
(2) Noncommercial radio transmitting antennas limited to 65' in height.
AG, RE, SF-1A, SF-1B,
Must be located behind the principal dwelling, but not within in the rear
SF-30, SF-20A, SF-20B,
yard setback. Must be no closer to a property line than the maximum
R-PUD, MF-1, MF-2, MH
height of the antenna. (Complaints concerning electrical, radio, or
PLOT PLAN REQUIRED
television signal interference shall be referred to the FCC.)
ee. Sale of alcoholic beverages.
O-2, C-1, C-2, C-3, C-4,
1. No alcoholic beverage use shall be located within three hundred (300)
HC, S-P-1, S-P-2, PUD,
feet of a church, public school or public hospital. Such measurement
DT**
shall be made in accordance with the requirements set forth in
Section 109.33 of the Texas Alcoholic Beverage Code.
Provide for the following revisions under Section 34.2
34.2 ACCESSORY BUILDING - The following regulations shall govern the location and
use of any accessory building: (As amended by Ordinance No. 480-C.)
b. No accessory building shall be erected within ten feet (10') of any other building,
except that detached residential garages may be located not closer than five
feet (5') to the main dwelling. Separation requirements between accessory and
principal buildings shall be determined by the most recently adopted
International Residential Code (IRC).
** Shall apply only to non- residential uses and mixed use buildings in the DT District
Ordinance 480-VVV
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Section 35 – Off-street Parking Requirements
Amend Section 35 as follows:
35.10 PARKING AND STORAGE OF VEHICLES: GENERAL
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
35.2 of this ordinance.
h. This Section 35.10 does not apply to car dealerships or to businesses where
vehicles are for sale, rent, or lease and are permitted by provisions of this
ordinance. Regulations for such items are found in Section 38 of this ordinance.
Ordinance 480-VVV
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Section 37 – “DT” Downtown District
Provide for the following revision under Section 37.2:
37.2 SCHEDULE OF USES
Uses within the Downtown district shall be in accordance with the following
schedule of uses.
P= Permitted (Development Standards apply)
SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply)
A = Permitted as an accessory use (Standards in Section 34 shall apply)
Use
Land Use Category
Status
Commercial Uses - Retail Sales or Service
SUP P
Beer, wine, and alcohol sales
No alcoholic beverage use shall be located within three
o
hundred (300) feet of a church, public school or public
hospital. Such measurement shall be made in accordance
with the requirements set forth in Section 109.33 of the
Texas Alcoholic Beverage Code.
Other Uses
Accessory Buildings*
SUP
* Refer to Section 45.16 for Accessory Building regulations
Ordinance 480-VVV
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Section 40 – Development Plans and Site Plans
Provide for the following addition to Section 40.3:
40.3 DEVELOPMENT PLAN AND/OR SITE PLAN INFORMATION REQUIRED - For
purposes of determining the exact information required on each plan, refer to the
following chart summary of those districts requiring preparation of a development
plan or site plan:
Zoning District Name Section Symbol
Residential P.U.D. Development Plan 30.8 RDP
Non-Residential P.U.D. Development Plan 30.8 *NRDP
"S-P-1" Detailed Site Plan District 31.4 (SP1)
Required on site plan for a building permit N/A (BP)
Required in all plans N/A (All)
ff. A color-coded landscape plan meeting the requirements of Ordinance 544-
A, as amended. (for all non-residential site plans)
Ordinance 480-VVV
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Section 42 – Bufferyards
Provide for the following addition to Section 42.5:
42.5 REQUIREMENT OF PLANT MATERIALS
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 hardy as to temperature and drought. The applicant shall
meet all the planting material, maintenance, and other related
requirements as set forth in Landscape Ordinance No. 544, as amended.
The following is a list of representative plants within each plant material
type. The applicant may propose plants other than those listed if the
plant seems appropriate for the intended use.
Canopy Tree Accent Tree Shrubs
Pecan Bradford Pear Photinia Fraseri
Cedar Elm Redbud Eleagnus
Red Oak Yaupon Tree Dwarf Yaupon
Live Oak Vitex Dwarf Burford Holly
Bur Oak Crape Myrtle Dwarf Chinese Holly
Lacebark Elm Jap. Black Pine Flowering Quince
Chin. Pistache Slash Pine Forsythia
Austrian Pine Tx. Mtn. Laurel Spiraea
Ordinance 480-VVV
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Section 45 – Specific Use Permits
Provide for the following addition to Section 45.1:
SPECIFIC USEDISTRICT WHERE
PERMITTED
44. Accessory buildings enclosing equipment or activities in conjunction with the
CS, O-1, O-2, C-1, C-2,
permitted principal uses. No accessory use shall be construed to permit the
C-3, C-4, HC, B-1, B-2, I-
keeping of articles or materials in the open or outside the building unless
1, and I-2 SITE PLAN
specifically permitted elsewhere in this ordinance. Subject to the requirements
REQUIRED
set forth in Section 45.16 of this Ordinance.
Provide for the following addition to Section 45:
45.16 SPECIFIC REQUIREMENTS FOR ACCESSORY STRUCTURES
The following regulations shall govern the location and use of any accessory
building requiring a Specific Use Permit:
a. Accessory buildings shall be required a permanent foundation and shall be
located no closer than ten feet (10') to a property line located in the rear yard.
b. Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Building Code (IBC).
c. No accessory building shall be constructed upon a lot until the construction of
the principal building or use has actually been commenced, and no accessory
building shall be used unless the main building in a lot is completed and used.
d. Accessory buildings shall be used only in compliance with individual district
regulations.
e. Accessory buildings shall not exceed one story or fourteen feet (14') in height.
f. No accessory building shall be located forward of the principal building on the
lot.
g. All accessory structures requiring a Specific Use Permit shall meet the
requirements set forth in Masonry Ordinance No. 557-A, as amended.
h. Masonry material used shall match the masonry material of the principal
structure on the lot.
i. Roof (design, pitch, and materials) shall be the same type as the roof of the
principal structure.
Ordinance 480-VVV
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Section 47 – Transition Zoning District
Amend Section 47.8(3) to read as follows:
47.8 Applications and Development Review Process
3. Site Plan. A City Council approved site plan meeting the
requirements of Section 40 shall be approved by the City Council
following a recommendation by the Planning and Zoning Commission
and is required prior to issuance of a building permit before building
permits can be issued for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after the
City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. An application for approval of a Site Plan shall be processed
as an amendment to the Zoning Ordinance. Property owners
shall be notified, public hearings shall be conducted, and
notice given in the same manner as a change of zoning as
outlined in Section 46 of this ordinance. and publication shall
be made in accordance with the requirements of Texas Local
Government Code Chapter 211, as amended. If an applicant
submits an application for approval of a Development Plan and
a Site Plan concurrently, they may be consolidated as a single
application.
ii. The City Council shall approve or disapprove a Site Plan only
after receiving a recommendation of the Planning and Zoning
Commission.
iii. An application for site plan approval shall contain the
information set forth in Section 40.4.
iv. A building permit for any lot with a single-family dwelling may
be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk’s office and
only if the design of the proposed residential use meets the
approved development plan standards.
Ordinance 480-VVV
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Revise the following in Table 47-1 under Section 47.5 (Schedule of Uses) as
follows:
Use Status
TABLE 47-1
RA RE (T-1) / N
LAND USE CATEGORY
NE (T-2)
Other Uses
Alcohol sales SUP P SUP P NP
Accessory Buildings* SUP SUP P
* Refer regulations in Section 45.16
Ordinance 480-VVV
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Section 49 – “ECZ” Employment Center Zoning District
Amend Section 49.8(3) to read as follows:
49.8 Applications and Development Review Process
3. Site Plan. A City Council approved site plan meeting the
requirements of Section 40 shall be approved by the City Council
following a recommendation by the Planning and Zoning Commission
and is required prior to issuance of a building permit before building
permits can be issued for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after the
City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. An application for approval of a Site Plan shall be processed
as an amendment to the Zoning Ordinance. Property owners
shall be notified, public hearings shall be conducted, and
notice given in the same manner as a change of zoning as
outlined in Section 46 of this ordinance. and publication shall
be made in accordance with the requirements of Texas Local
Government Code Chapter 211, as amended. If an applicant
submits an application for approval of a Development Plan and
a Site Plan concurrently, they may be consolidated as a single
application.
ii. The City Council shall approve or disapprove a Site Plan only
after receiving a recommendation of the Planning and Zoning
Commission.
iv. An application for site plan approval shall contain the
information set forth in Section 40.4.
iv. A building permit for any lot with a single-family dwelling may
be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk’s office and
only if the design of the proposed residential use meets the
approved development plan standards.
Ordinance 480-VVV
- 16 -
Revise the following in Table 49-1 under Section 49.5 (Schedule of Uses) as
follows:
Use Status
TABLE 49-1
EC-C EC-E EC-N
LAND USE CATEGORY
Other Uses
Alcohol sales SUP P SUP P NP
Accessory Buildings* SUP SUP P
* Refer regulations in Section 45.16
Ordinance 480-VVV
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ORDINANCE NO. 480-VVV
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AS IT PERTAINS TO MISCELLANEOUS AMENDMENTS AND
CORRECTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,
the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS,
the city council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents
by amending Ordinance No. 480 as provided herein; and
WHEREAS
, the city council has given published notice and held public hearings
with respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
This section intentionally left blank.
SECTION 2
This section intentionally left blank.
Ordinance 480-VVV
- 18 -
SECTION 3
This section intentionally left blank.
SECTION 4
The following subsections within Section 30 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
30.1 PURPOSE AND INTENT - The purpose of this district, sometimes identified as a
suffix to one of the other districts, is to permit flexibility and encourage a more
creative, efficient and aesthetically desirable design and placement of buildings,
open spaces, circulation patterns and to best utilize special site features such as
topography, size and shape. It is intended that the flexibility permitted by this
zoning category extends to discretionary approval, in conjunction with site plan
or concept plan review, not limited to, but including such items as those relating
to parking space requirements, building line setbacks, square footage of
buildings and structures, sign placement and specifications and protective
screening in order to achieve conformance with good planning practices. This
district may also be used to accommodate planned associations of uses
developed as integral land use units, which may be planned, developed and
operated either by a single owner or a combination of owners.
30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and
other development regulations for permissible uses in a PUD district shall
conform to the development regulations which would be applicable to such uses
if the same were situated in the most restrictive district in which such uses are
permitted. Zero lot line development may be permitted for non-residential uses
on a common interior lot line where construction of a party wall is used. Where
zero lot development is utilized, the equivalent open space and plantings
(normally provided in adjoining bufferyards along the common lot line) shall be
provided elsewhere within the two developing lots. In addition, the City Council
may approve more flexible development standards if other design features
provide adequate protection to surrounding and adjacent properties. For any
residential PUD, the maximum density permitted shall not exceed 1.80 dwelling
units per gross acre. (As amended by Ordinance No. 480-U.) (As further
amended by Ordinance No. 480-X and Ordinance No. 480-VVV.)
30.9(c) In any nonresidential Planned Unit Development, all building sites shall submit a
site plan meeting the requirements of Section 40 of this ordinance.
Ordinance 480-VVV
- 19 -
SECTION 5
Section 33.14 of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to
be immediately served by a sewage collection system connected to an approved
community treatment plant or public sewage facility, then such use shall be
connected to an approved on-site sewage facility (OSSF) designed and
constructed in conformance with the methods and standards approved by the
State Department of Health, City's Plumbing Code, and Ordinance No. 514.
Where the use of an on-site sewage facility (OSSF) is to be employed, the
minimum lot size must be one acre per family, residence or commercial structure,
with a minimum usable area of at least one acre, and the use must be approved
by the City Council of the City of Southlake. The minimum usable area
requirement of one (1) acre per lot shall exclude all areas of the lot (As amended
by Ordinance 480-JJJ and 480-VVV):
d. In any flood plains as identified on the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM);
e. In any drainage and flowage easements; and
f.
Having topographical limitations as regulated under the standards for on-site
sewage facilities in the Texas Administrative Code Chapter 285.
SECTION 6
The following subsections within Section 34 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
ACCESSORY USE District Where
Permitted
c. Accessory buildings enclosing equipment or activities in conjunction with
AG, RE, RCS, SF-1A, SF-
the permitted principal uses. No accessory use shall be construed to
1B, SF-2, SF-30, SF-20A,
permit the keeping of articles or materials in the open or outside the
SF-20B, MF-1, MF-2
building unless specifically permitted elsewhere in this ordinance.
x. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the
building official in accordance with the city's building code. The height of antennas shall be measured
in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas
installed for the purpose of municipal communications are exempted from the requirements of this
section. (As amended by Ord. No. 480-J)
Ordinance 480-VVV
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(2) Noncommercial radio transmitting antennas limited to 65' in height.
AG, RE, SF-1A, SF-1B,
Must be located behind the principal dwelling, but not within the rear
SF-30, SF-20A, SF-20B,
yard setback. Must be no closer to a property line than the maximum
R-PUD, MF-1, MF-2, MH
height of the antenna. (Complaints concerning electrical, radio, or
PLOT PLAN REQUIRED
television signal interference shall be referred to the FCC.)
ee. Sale of alcoholic beverages.
O-2, C-1, C-2, C-3, C-4,
1. No alcoholic beverage use shall be located within three hundred (300)
HC, S-P-1, S-P-2, PUD,
feet of a church, public school or public hospital. Such measurement shall
DT**
be made in accordance with the requirements set forth in Section 109.33
of the Texas Alcoholic Beverage Code.
** Shall apply only to non- residential uses and mixed use buildings in the DT District
34.2(b) Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Residential Code (IRC).
SECTION 7
The following subsections within Section 34 of the Comprehensive Zoning
Ordinance No. 480, as amended, are hereby amended to read as follows:
35.10(d) Required off-street parking and loading spaces shall be located on the same
lot with the building or use served, except as otherwise allowed in Section
35.2 of this ordinance.
35.10(h) This Section 35.10 does not apply to car dealerships or to businesses where
vehicles are for sale, rent, or lease and are permitted by provisions of this
ordinance.
SECTION 8
The following subsections of Section 37.2 of the Comprehensive Zoning Ordinance
No. 480, as amended, are hereby amended to read as follows:
Use
Land Use Category
Status
Commercial Uses - Retail Sales or Service
Ordinance 480-VVV
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Use
Land Use Category
Status
P
Beer, wine, and alcohol sales
No alcoholic beverage use shall be located within three
o
hundred (300) feet of a church, public school or public
hospital. Such measurement shall be made in accordance
with the requirements set forth in Section 109.33 of the
Texas Alcoholic Beverage Code.
Other Uses
Accessory Buildings*
SUP
* Refer to Section 45.16 for Accessory Building regulations
SECTION 9
Section 40.3(ff) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
A color-coded landscape plan meeting the requirements of Ordinance 544,
as amended. (for all non-residential site plans)
SECTION 10
Section 42.5(b) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
Plant materials shall be appropriate for the region and local soil
conditions and shall be planted in accordance with good horticultural
practice. Plants selected should require only low maintenance and
should be hardy as to temperature and drought. The applicant shall
meet all the planting material, maintenance, and other related
requirements as set forth in Landscape Ordinance No. 544, as amended.
[ Removing list of recommended plant material ]
SECTION 11
The following additions shall be made to Section 45 of the Comprehensive Zoning
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Ordinance No. 480, as amended, and shall hereby read as follows:
45.1 GENERAL PROVISIONS
SPECIFIC USEDISTRICT WHERE
PERMITTED
44. Accessory buildings enclosing equipment or activities in conjunction with the
CS, O-1, O-2, C-1, C-2,
permitted principal uses. No accessory use shall be construed to permit the
C-3, C-4, HC, B-1, B-2, I-
keeping of articles or materials in the open or outside the building unless
1, and I-2 SITE PLAN
specifically permitted elsewhere in this ordinance. Subject to the requirements
REQUIRED
set forth in Section 45.16 of this Ordinance.
45.16 SPECIFIC REQUIREMENTS FOR ACCESSORY STRUCTURES
The following regulations shall govern the location and use of any accessory
building requiring a Specific Use Permit:
a. Accessory buildings shall be required a permanent foundation and shall be
located no closer than ten feet (10') to a property line located in the rear yard.
b. Separation requirements between accessory and principal buildings shall be
determined by the most recently adopted International Building Code (IBC).
c. No accessory building shall be constructed upon a lot until the construction of
the principal building or use has actually been commenced, and no accessory
building shall be used unless the main building in a lot is completed and used.
d. Accessory buildings shall be used only in compliance with individual district
regulations.
e. Accessory buildings shall not exceed one story or fourteen feet (14') in height.
j. No accessory building shall be located forward of the principal building on the
lot.
k. All accessory structures requiring a Specific Use Permit shall meet the
requirements set forth in Masonry Ordinance No. 557-A, as amended.
l. Masonry material used shall match the masonry material of the principal
structure on the lot.
m. Roof (design, pitch, and materials) to be the same type as the principal structure
roof.
Ordinance 480-VVV
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SECTION 12
The following additions shall be made to Section 47.5 of the Comprehensive Zoning
Ordinance No. 480, as amended, and shall hereby read as follows:
Use Status
TABLE 47-1
RA RE (T-1) / N
LAND USE CATEGORY
NE (T-2)
Other Uses
Alcohol sales P P NP
Accessory Buildings* SUP SUP P
* Refer regulations in Section 45.16
SECTION 13
Section 47.8(3) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
Site Plan. A site plan meeting the requirements of Section 40 shall
be approved by the City Council following a recommendation by the
Planning and Zoning Commission and is required prior to issuance of
a building permit for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after the
City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. Property owners shall be notified, public hearings shall be
conducted, and notice given in the same manner as a change
of zoning as outlined in Section 46 of this ordinance.
ii. The City Council shall approve or disapprove a Site Plan only
after receiving a recommendation of the Planning and Zoning
Commission.
iii. An application for site plan approval shall contain the
information set forth in Section 40.4.
iv. A building permit for any lot with a single-family dwelling may
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be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk’s office and
only if the design of the proposed residential use meets the
approved development plan standards.
SECTION 14
The following additions shall be made to Section 49.5 of the Comprehensive Zoning
Ordinance No. 480, as amended, and shall hereby read as follows:
Use Status
TABLE 49-1
EC-C EC-E EC-N
LAND USE CATEGORY
Other Uses
Alcohol sales P P NP
Accessory Buildings* SUP SUP P
* Refer regulations in Section 45.16
SECTION 15
Section 49.8(3) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
Site Plan. A site plan meeting the requirements of Section 40 shall
be approved by the City Council following a recommendation by the
Planning and Zoning Commission and is required prior to issuance of
a building permit for all individual, non-residential and mixed use
buildings. Applications for site plans shall be submitted only after the
City Council has approved a development plan for that area
incorporated by the site plan. However, if an applicant submits an
application for approval of a Development Plan and a Site Plan
concurrently, they may be consolidated as a single application.
i. Property owners shall be notified, public hearings shall be
conducted, and notice given in the same manner as a change
of zoning as outlined in Section 46 of this ordinance.
ii. The City Council shall approve or disapprove a Site Plan only
after receiving a recommendation of the Planning and Zoning
Commission.
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iii. An application for site plan approval shall contain the
information set forth in Section 40.4.
iv. A building permit for any lot with a single-family dwelling may
be approved after Development Plan, Preliminary Plat, and
Final Plat approval and filing at the county clerk’s office and
only if the design of the proposed residential use meets the
approved development plan standards.
SECTION 16
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 17
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 18
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
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comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 19
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning yard regulations which have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 20
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 21
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading of
this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
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publish this ordinance or its caption and penalty in the official City newspaper one time
within ten days after final passage of this ordinance, as required by Section 3.13 of the
Charter of the City of Southlake.
Ordinance 480-VVV
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SECTION 22
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 1st day of July, 2008.
__________________________________
MAYOR
ATTEST:
__________________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the __ day of ____, 2008.
__________________________________
MAYOR
ATTEST:
__________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Ordinance 480-VVV
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