Item 5OCity of Southlake, Texas
MEMORANDUM
August 9, 2006
To: Shana Yelverton, City Manager
From: Ken Baker, AICP, Planning Director
Subject: Ordinance 480 — JJJ - an amendment to the Comprehensive Zoning
Ordinance No. 480, Section 33, as it pertains health regulations regarding
sewage disposal.
Action
Requested: Conduct first reading on Ordinance 480 -JJJ
Background
Information: Based on discussions with the Planning and Zoning Commission and City
Council, staff is proposing an amendment to Section 33, Supplementary
District Regulations as it pertains to on -site septic systems. Current
standards for on -site septic systems require a minimum lot size of one acre
per residence. Due to the environmentally sensitive nature of the areas of
the city currently not served by city sewer, the following changes are
recommended for all on -site sewer facilities (Section 33.14):
o The minimum area requirement of one (1) acre per lot shall exclude all
areas of the lot in flood plains, easements, and areas lot having
topographical limitations as regulated under the standards for on -site
sewage facilities in the Texas Administrative Code.
Financial
Considerations: None
Planning & Zoning
Commission Review: July 6, 2006, Approved (5 -0)
Legal Review: Yes
Alternatives: None
Supporting
Documents: Ordinance 480 -JJJ
Staff
Contact: Ken Baker, (817) 748 -8067
ORDINANCE NO. 480 -JJJ
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 33, SUBSECTION 33.14,
TO CLARIFY THE METHOD OF CALCULATING THE MINIMUM AREA
REQUIRED FOR USE OF A SEPTIC TANK; 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 safe and sanitary use of septic tanks requires a minimum area
uninterrupted by drainage easements or similar features; 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:
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SECTION 1
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is
hereby amended by the amendment of Section 33, "Supplementary District Regulations,"
subsection 33.14, which shall read as follows:
33.14 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be
immediately served by a sewage collection system connected to an approved community
treatment plant or public sewage facility, then such use shall be connected to an
approved on- premise septic tank and subsurface drainage field designed and constructed
in conformance with the methods and standards approved by the State Department of
Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on- premise
septic tank and subsurface drainage field is to be employed, the minimum lot size must
be one acre per family, residence or commercial structure, 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
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.
All lots to be served by a private or septic system must have that system installed in
accordance with Ordinance No. 514 and any other applicable city ordinances.
Occupancy of any building or structure shall be prohibited and no certificate of
occupancy issued unless the provisions of this subsection and of subsection 33.13 are
fully complied with. (As amended by Ordinance No. 480 -C.)
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
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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
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
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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 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 , 2006.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2006.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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