Item 4ICity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
March 28, 2007
Ordinance No. 557-A, an Amendment to the Masonry Ordinance No. 557
PROJECT:
REQUEST: The City Council has requested that staff bring forth an amendment to the
City’s masonry requirements to eliminate the excessive use of synthetic stucco
and similar materials. This amendment proposes to eliminate synthetic stucco,
also known as EIFS (exterior insulation and finish systems), and cement fiber
siding, commonly referred to as hardi plank, as qualified masonry construction
materials.
The current masonry regulations require that a minimum of 80% of the subject
building façade, excluding doors and windows, must be constructed using a
qualified exterior masonry material. Currently, synthetic masonry, as
described above, is considered a qualified masonry material subject to
approval of the City’s Chief Building Official. The proposed amendment only
intends to eliminate the described synthetic products as qualified masonry
material. The amendment, as currently written, will continue to allow the use
of other approved building materials, including synthetics, not to exceed 20%
of the subject façade, excluding doors and windows. Synthetic masonry and
non-masonry materials are commonly used for parapet caps and other
architectural building elements.
Consider first reading for Ordinance No. 557-A
ACTION NEEDED:
ATTACHMENTS: (A) Ordinance 557-A
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No. Page 1
557-A
ORDINANCE NO. 557-A
AN ORDINANCE AMENDING ORDINANCE NO. 557, AS AMENDED,
BEING AN ORDINANCE ADOPTING REQUIREMENTS FOR MASONRY
CONSTRUCTION OF EXTERIOR WALLS OF BUILDINGS WITHIN THE
CITY OF SOUTHLAKE, TEXAS; 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. 557, as amended, 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. 557 as provided herein; and
WHEREAS
, the city council has given published notice and held public hearings with respect
to the amendment of the ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Section 2, Definitions, Masonry materials of Ordinance No. 557, as amended, is hereby
amended to read as follows:
Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt
wall, stone, rack or other masonry material of equal characteristics. Stucco and
plaster shall only considered a masonry material when applied using a 3-step process
Case No. Attachment A
557-A Page 1
over diamond metal lath mesh to a 7/8th inch thickness or by other processes
producing comparable cement stucco finish with equal or greater strength and
durability specifications. Synthetic products (e.g., EIFS –exterior insulation and finish
systems, hardi plank, or other materials of similar characteristics) shall not be
considered a masonry material.
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 5
All rights and remedies of the City of Southlake are expressly saved as to any and all
Case No. Attachment A
557-A Page 2
violations of the provisions of Ordinance No. 557, as amended, or any other ordinances affecting
zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 6
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than the
production thereof.
SECTION 7
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing thereon at least 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.
Case No. Attachment A
557-A Page 3
SECTION 8
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment A
557-A Page 4