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Item 6C 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 9, 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. The amendments address the following areas: Section 11 (“SF-1A” Single Family Residential District) a. Increase the maximum lot coverage from 20% to 30% Section 13 (“SF-30” Single Family Residential District) a. Increase the maximum lot coverage from 20% to 30% Section 14 (“SF-20A” Single Family Residential District) b. Increase the maximum lot coverage from 30% to 40% Section 30 (“PUD” Planned Unit Development District) Ordinance 480-VVV - 1 - 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; 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. Ordinance 480-VVV - 2 - 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. 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. STAFF CONTACT: Ken Baker (817)748-8067 Clayton Comstock (817)748-8269 ATTACHMENTS: Ordinance No. 480-VVV Link to PowerPoint Presentation Ordinance 480-VVV - 3 - Ordinance 480-VVV - 4 - Section 11 (“SF-1A” Single Family Residential District) Provide for the following revision: 11.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty thirty percent (20% 30%) of the lot area, including all principal and accessory structures buildings. (As amended by Ordinance No. 480-QQQ.) Ordinance 480-VVV - 5 - Section 13 (“SF-30” Single Family Residential District) Provide for the following revision: 13.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty thirty percent (20% 30%) of the lot area, except the sum total of accessory buildings shall not exceed 750 square feet. (As amended by Ordinance No. 480-C.) Ordinance 480-VVV - 6 - 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 or structures shall have a maximum lot coverage not exceeding thirty forty percent (30% 40%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. (As amended by Ordinance No. 480-C.) Ordinance 480-VVV - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - 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 - 15 - 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 - 16 - 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 - 17 - 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 - 18 - 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 - 19 - 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 Section 11.5(e) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Maximum Lot Coverage: All buildings shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area, including all principal and Ordinance 480-VVV - 20 - accessory buildings. (As amended by Ordinance No. 480-QQQ and Ordinance No. 480-VVV.) SECTION 2 Section 13.5(e) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: 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 750 square feet. (As amended by Ordinance No. 480- C and Ordinance No. 480-VVV.) SECTION 3 Section 14.5(e) of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: Maximum Lot Coverage: All buildings shall have a maximum lot coverage not exceeding forty percent (40%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. (As amended by Ordinance No. 480- C and Ordinance No. 480-VVV.) 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 Ordinance 480-VVV - 21 - 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. 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. Ordinance 480-VVV - 22 - 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) (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: Ordinance 480-VVV - 23 - 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  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: Ordinance 480-VVV - 24 - 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 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. Ordinance 480-VVV - 25 - 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. 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 Ordinance 480-VVV - 26 - City Council has approved a development plan for that area incorporated by the site plan. However, if an applicant submits an application for approval of a Development Plan and a Site Plan concurrently, they may be consolidated as a single application. i. Property owners shall be notified, public hearings shall be conducted, and notice given in the same manner as a change of zoning as outlined in Section 46 of this ordinance. ii. The City Council shall approve or disapprove a Site Plan only after receiving a recommendation of the Planning and Zoning Commission. iii. An application for site plan approval shall contain the information set forth in Section 40.4. iv. A building permit for any lot with a single-family dwelling may be approved after Development Plan, Preliminary Plat, and Final Plat approval and filing at the county clerk’s office and only if the design of the proposed residential use meets the approved development plan standards. SECTION 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: Ordinance 480-VVV - 27 - Site Plan. A site plan meeting the requirements of Section 40 shall be approved by the City Council following a recommendation by the Planning and Zoning Commission and is required prior to issuance of a building permit for all individual, non-residential and mixed use buildings. Applications for site plans shall be submitted only after the City Council has approved a development plan for that area incorporated by the site plan. However, if an applicant submits an application for approval of a Development Plan and a Site Plan concurrently, they may be consolidated as a single application. i. Property owners shall be notified, public hearings shall be conducted, and notice given in the same manner as a change of zoning as outlined in Section 46 of this ordinance. ii. The City Council shall approve or disapprove a Site Plan only after receiving a recommendation of the Planning and Zoning Commission. iii. An application for site plan approval shall contain the information set forth in Section 40.4. iv. A building permit for any lot with a single-family dwelling may be approved after Development Plan, Preliminary Plat, and Final Plat approval and filing at the county clerk’s office and only if the design of the proposed residential use meets the approved development plan standards. SECTION 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 Ordinance 480-VVV - 28 - 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 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 Ordinance 480-VVV - 29 - 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 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 - 30 - 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 - 31 -