Item 7ACity of Southlake, Texas
M E M O R A N D U M
September 26, 2007
TO: Shana Yelverton, City Manager
FROM: Ken Baker, AICP, Planning & Development Services Director
SUBJECT:Ordinance 480-QQQ Amendments to the Comprehensive Zoning Ordinance
regarding accessory structure standards.
___________________________________________________________________________
Action Requested:
Conduct a First Reading on Ordinance 480-QQQ.
Background:
Over the last 6 months, staff has been working with the Planning and Zoning
Commission and area residents to develop a comprehensive set of standards for
residential accessory structures, specifically in the SF-1A and SF-2 residential
zoning districts. Based on analysis of existing conditions and P&Z and citizen
input, staff has developed several amendments to various sections of the
Comprehensive Zoning Ordinance 480.
The sections of the zoning ordinance recommended for amendments and a
summary of the changes are as follows:
Section 4 – Definitions:
Clarified definitions for “accessory buildings or structures” and
o
“accessory use” and
Added a definition for “PODs”
o
Section 34 – Accessory Uses:
Clarification of accessory structures allowed in the front, side, and rear
o
yards
Added standards for POD storage for residential moving and
o
remodeling activities
Section 11 – SF-1A District
Added Section 11.5 (j) Accessory Structure Standards
o
Section 44 – Board of Adjustment
Added design criteria for review of larger accessory structures
o
City Council held a special meeting on this item on September 25, 2007.
Possible revisions to the ordinance were discussed and included the following:
Establishing a maximum square footage (cap) allowed by right in the
o
SF-1 & SF-2 Zoning Districts;
Establishing a maximum square footage (cap) in the Board of
o
Adjustment section;
Reducing the square footage in which an accessory building is subject
o
to the design criteria, setback and building height requirements
(currently proposed at 750 square feet);
Apply the sum total of all accessory buildings on the lot not exceed 3%
o
requirement only to the SF-2 zoning district;
Establish a maximum number of days that a POD can be on-site to
o
store materials associated with a residential remodeling;
Require permits for PODs associated with temporary residential
o
storage;
Allow staff discretion in determining the location of the PODs; and
o
Eliminate 44.12. Section 3.e Special Exception Use-(Other factors may
o
apply) in the Board of Adjustment section.
Based on City Council’s input at the special meeting, staff will make revisions
to the proposed ordinance and present these changes at City Council’s October
nd
2 meeting. Staff has included a copy of the proposed ordinance as presented
th
at the September 25 meeting.
Board Review:
Planning & Zoning Commission held a public hearing on the proposed
amendment on August 23, 2007 and recommended approval 6-0.
Legal Review:
Yes
Supporting
Documents:
Attached with this memorandum are the sections of the zoning ordinance being
amended as presented at the September 25, 2007 meeting. A revised ordinance
based on City Council comments will be presented at the October 2, 2007
meeting.
Staff
Recommendation:
Approve Ordinance 480-QQQ.
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ORDINANCE NO. 480-QQQ
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTIONS 4, 11, 34, AND 44 AS
THEY PERTAIN TO STANDARDS FOR ACCESSORY STRUCTURES IN
RESIDENTIAL ZONING DISTRICTS; 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 amendment to the residential accessory structure standards will promote
the goals of the City’s zoning ordinance and of the Southlake 2025 Plan; and
WHEREAS
, the Planning and Zoning commission and City Council have 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
Ordinance 480, as amended, the City of Southlake’s Comprehensive Zoning Ordinance is
hereby amended as follows:
SECTION 4
DEFINITIONS
Amend/Add the following under Section 4, Definitions (strikethrough text indicates deletions
and underlined text indicates additions):
ACCESSORY BUILDING OR USE STRUCTURE–A subordinate building or structure,
or use which is located on the same lot on which the principal building or use is situated
and which is reasonably necessary and complimentary or incidental to the conduct of the
primary use of such building 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.
ACCESSORY USE - A use customarily incidental to the main or principal use of the
property.
PORTABLE ON-DEMAND STORAGE DEVICES (PODs) - Any transportable, fully
enclosed, box-like container that is designed for temporary storage of materials and/or
equipment. Such containers are uniquely designed for their ease of loading to and from a
transport vehicle.
SECTION 34
ACCESSORY USES
Amend the following under table 34.1, Accessory Uses:
ACCESSORY USE/STRUCTUREDistrict Where
Permitted
f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that AG, RE, RCS, SF-1A,
if lighted, the lighting shall be so directed and shielded so as not to shine directly on any SF-1B, SF-2, SF-30,
adjacent residential property; and further provided that any such pool or game court is for the SF-20A, SF-20B,
private use of the site occupants and their guests, and not operated as a business. All "at MF-1, MF-2, MH,
grade" swimming pools with a water depth greater than twenty-four (24) inches and "above TZD*, and EC*
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
Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) 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 (10') setback from the closest
property line.
All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward
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ACCESSORY USE/STRUCTUREDistrict Where
Permitted
of the principal building on the lot, and shall not be located closer than five feet (5') to any
side or rear property line nor be located any closer than five feet (5') to another structure. (As
amended by Ordinance No. 480-C.)
g. The following residential accessory structures may be located in the side, rear, or front yard: AG, RE, RCS, SF-1A,
i. Gazebos, arbors, pergolas, and trellises that are less than 120 square feet. SF-2, SF-1B, SF-30,
ii. Water well houses less than 50 square feet SF-20A, SF-20B,
iii. Fountains, ponds, and ornamental pools that are part of the residential landscaping MF-1, MF-2, MH,
meeting the standards in 34.1 (f) DT*, TZD*, and EC*
The following residential accessory structures shall only be permitted in the side or rear yard,
no forward of the principal building on the lot:
i. Batting cages, play structures, and pet houses
ii. Breezeways located at or behind the principal structure
iii. Decks and play courts
Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not impaired. .
ff. Portable on demand (POD) storage units for temporary residential storage during moving
AG, RE, RCS, SF-1A,
meeting the following standards:
SF-2, SF-1B, SF-30,
i. PODs shall be placed on the driveway at the furthest point from the street
SF-20A, SF-20B,
ii. PODs cannot be placed on any public right-of-way or in the front yard
MF-1, MF-2, MH,
iii. Each residential lot shall be limited to two (2) PODs at a time; no more than twice per
DT*, TZD*, and EC*
calendar year to be placed no longer than ten (10) consecutive days each time
iv. No permit shall be required for PODs used for temporary storage during moving
gg. Portable on demand (POD) storage units for use during residential remodeling and
AG, RE, RCS, SF-1A,
construction meeting the following standards:
SF-2, SF-1B, SF-30,
i. PODs shall be placed on the driveway at the furthest point from the street
SF-20A, SF-20B, MF-
ii. PODs cannot be placed on any public right-of-way or in the front yard
1, MF-2, MH, DT*,
iii. A permit shall be required with the building permit for remodeling/construction and shall
TZD*, and EC*
be valid for the duration of the building permit only.
iv. An application for the building permit shall indicate the location of the POD units on the
lot.
v. PODs shall be removed within seven (7) days of final inspection of the structure.
* Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones
* Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones
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SECTION 11
SF-1A SINGLE FAMILY RESIDENTIAL DISTRICT
Amend Section 11.5 as follows:
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 percent (20%) of the lot area, including all
principal and accessory structures except the sum total of accessory buildings
shall not exceed 1,000 square feet. (As amended by Ordinance No. 480-C.)
f. Lot Area: The minimum area of a lot shall be forty three thousand five
hundred sixty (43,560) square feet except that no minimum area shall be
required for any open space lot designated in a City Council approved concept
or development plan. (As amended by Ordinance No. 480-NNN)
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.
j.Accessory Structure Standards: All accessory structures in the SF-1A zoning
district shall meeting the following standards:
1.The sum total of all accessory structures and buildings on the lot shall not
exceed 3% of the lot area.
2.All accessory structures that are, individually or cumulatively, less than
750 sq.ft. shall meet the accessory structure standards under Section 34.2.
3.All accessory structures that individually are equal to or exceed 750 sq.ft.:
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i.Setbacks from adjoining lots shall meet the principal structure
setback standards. No setbacks are required from the principal
structure, however, fire separation requirements may apply.
ii.Height shall not exceed 20 feet.
iii.Accessory structures of metal, wood or vinyl siding or equivalent
material shall meet the following design standards:
1.Minimum of 2 colors (principal color limited to white, beige,
natural shades of greens, browns, and yellows with trim of
contrasting colors).
2.All metal accessory buildings to be painted with a factory
applied non-metallic matte-finish.
3.Addition of trim detail around the windows/doors/or string
courses or water tables.
4.Windows, doors, or other openings required on at least 2 sides.
5.Pitched roof required (of the appropriate pitch for the roof
design chosen or a minimum of 1:3).
iv. Accessory structures using masonry shall meet the following
standards:
1.Masonry material used shall match the masonry material of the
principal structure on the lot.
2.Addition of trim detail around the windows/doors/or string
courses or water tables.
3.Windows, doors, or other openings required on at least 2 sides.
4.Roof (design, pitch, and materials) to be the same type as the
principal structure roof.
4.Standards in subsection (3) above shall not apply to accessory buildings
that do not have any enclosing walls such as gazebos, play structures, and
pergolas.
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SECTION 44
BOARD OF ADJUSTMENT
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
3. The construction of accessory buildings or structures of a size or aggregate size greater than that AG, MF-1, MF-2, SF-
permitted under the accessory building requirements of the zoning district of in which the 1A, SF-1B, SF-2,SF-
property lies based on the following review criteria: 30, SF-20A, SF-20B,
MH, DT*
a. Compatibility of the materials proposed with the principal structures and the
PLOT PLAN,
surrounding properties
ELEVATIONS,
b. Purpose of the accessory structure
AND RENDERINGS
c. Consistency of architectural style including roof structure
REQUIRED
d. Setback from adjoining properties and location on the subject property
e. Other factors that may apply
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
* Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones
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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
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 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 fifteen (15) days before the second reading of this ordinance, and
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if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after final passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 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
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