Item 7GHICity of Southlake, Texas
+MEMORANDUM
September 13, 2006
To: Shana Yelverton, City Manager
From: Ken Baker, AICP, Planning Director
Subject: Ordinances 480 -MMM, 480 -NNN, and 483 -K; proposed
amendments to the Comprehensive Zoning Ordinance 480 and
Subdivision Ordinance 483.
Action
Requested: Conduct a public hearing on proposed Ordinances 480 -MMM,
480 -NNN, and 483 -K; and
Consider Ordinances 480 -MMM, 480 -NNN, and 483 -K
Background
Information: Based on discussions with the Planning and Zoning Commission
and City Council, staff is proposing several amendments to the
Zoning and Subdivision ordinances. City Council approved (6 -0)
the first reading of the proposed amendments at the September 5,
City Council meeting. The amendments are as follows:
480 -MMM (Attachment 1)
Ordinance 480 -MMM includes the following amendments to the
requirements in the concept plan, development plan and site plan,
and accessory use sections of Comprehensive Zoning Ordinance
480:
1. Section 34, Accessory Uses
• Clarify the requirements for private stables and amend the
accessory use table to include the new "SF -2" Single
Family Residential District.
• Addition of the newly created SF -2, RCS, TZD, and EC
zoning districts under the appropriate accessory uses
• Delete signs as accessory uses since they are regulated
under the city's Sign Ordinance, as amended.
2. Section 40, Development Plans and Site Plans
Amend the requirements for development plan and site plan
submittals to include:
• A concept plan for fencing, streetscape improvements, and
entry features;
• A landscape concept plan for proposed detention/retention
areas;
• A landscape plan to be submitted with all site plans; and
• An open space management plan for all developments that
propose common open space.
3. Section 41, Concept Plans
For properties proposing on -site septic systems, require
information on the type and location of the on -site septic
systems, including the topography of the site and location of
any easements, with concept plan submittal.
480 -NNN (Attachment 2)
Ordinance 480 -NNN, an amendment to Comprehensive Zoning
Ordinance 480, pertains to sidewalk requirements and miscellaneous
amendments to Sections 7, 33, 42, 44, and 45.
1. Section 7, General District Regulations
• Addition of the newly created SF -2, RCS, TZD, and EC
zoning districts to the list of zoning districts
2. Section 11, SF-IA District;
3. Section 13, SF -30 District;
4. Section 14, SF -20A District;
5. Section 29, MH District; and
6. Section 50 SF -2 District (proposed)
• Clarifying that open space lots shall be the only
exception to the lot area requirements in each respective
district
7. Section 33, Supplementary District Regulations
• Addition of requirements for sidewalks for all
development requiring Council approved site plans
8. Section 42, Bufferyards
• Addition of the newly created RCS and SF -2 districts to
the bufferyard table (Table One)
9. Sections 44 and 45
• Addition of the newly created SF -2, RCS, TZD, and EC
zoning districts under the appropriate Special Exception
uses and Specific uses
483 -K (Attachment 3)
Ordinance 483 -K, an amendment to the Subdivision Ordinance,
pertains to sidewalk requirements in Article V, Section 5.06:
1. Section 5.06 Sidewalks
• Clarification of non - residential sidewalk requirements
2
Financial
Considerations:
None
P & Z Review:
August 17, 2006 Recommended Approval (6 -0)
Legal Review:
Yes
Supporting
Documents:
Attachment 1- Ordinance 480 -MINIM,
Attachment 2 — Ordinance 480 -NNN, and
Attachment 3 — Ordinance 483 -K
Staff
Contact: Ken Baker, 748 -8067
Attachment 1
ORDINANCE 480 -MMM
Section 34
Section 40
and
Section 41
ORDINANCE NO. 480 -MMM
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 34, ACCESSORY USES, TO
CLARIFY BOARDING OF HORSES, FENCE STANDARDS, AND
AMENDING THE ACCESSORY USE TABLE; AMENDING SECTION 40,
TO ADD FENCING AND STREETSCAPE CONCEPT PLANS, OPEN SPACE
MANAGEMENT PLANS, AND LANDSCAPE PLANS TO SUBMITTAL
REQUIREMENTS; AND AMENDING SECTION 41, CONCEPT PLANS TO
ADD SUBMITTAL REQUIREMENTS FOR ON -SITE SEPTIC SYSTEMS;
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 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 by the amendment of Section 34, "Accessory Uses," subsection 34.1, which shall
read as follows:
34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily
incidental to the principal use of the premises, the following accessory uses are specifically
authorized in the listed zoning district when constructed or operated in conjunction with an
appropriate principal use:
ACCESSORY USE
District Where
Permitted
a.
Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter
AG
houses or processing of agricultural products, animals or poultry.
b.
Equipment Sheds
AG, RE RCS, SF -2
c.
Accessory buildings enclosing equipment or activities in conjunction with the permitted
ALL
principal uses. No accessory use shall be construed to permit the keeping of articles or
materials in the open or outside the building unless specifically permitted in Section 40 of this
ordinance.
d.
Private stables including boarding of horses, in areas other than the Agricultural District for
RE, SF -lA, SF -113_
the keeping of grazing animals, provided:
SF -2 (where the lot on
which the structure
1. Ground accumulations of manure shall be collected and properly disposed of so as not to
will be located
create offensive odors, fly breeding, or in any way become a health hazard or nuisance to
contains the same
humans or animals.
minimum lot square
footage required in
2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to
the SF- ]A and SF -1B
properly retain the grazing animal(s) on the premises.
zoning category)
SF -30 (where the lot
3. The minimum space area upon which such grazing animal(s) may be enclosed, including
on which the structure
pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square
will be located
feet per each grazing animal over five hundred (500) pounds and not less than five
contains the same
thousand (5,000) square feet for any other grazing animal.
minimum lot square
footage required in
4. All enclosed sheds and stables for enelestifes fer animals as provided under the terms of
the SF -1A and SF -113
this subsection shall be placed a minimum of twenty -five (25) feet from the boundary of
zoning category)
any adjoining lot or tract which is zoned in a residential category while fences and corrals
maybe placed at the property line
e.
Private residential garages, carports and related storage buildings and greenhouses accessory
AG, RE, RCS, SF -lA,
to permitted residential uses. (As amended by Ord. 480 -G.)
SF -113, SF -2 SF -30,
SF -20A SF -2013, ME-
1, MF -2, MIL DT *,
TZD *,EC*
f
Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that
AG, RE, RCS, SF -lA,
if lighted, the lighting shall be so directed and shielded so as not to shine directly on any
SF -113, SF -2 SF -30,
adjacent residential property; and further provided that any such pool or game court is for the
SF -20A, SF -2013,
* Shall apply only to approved single - family residential uses in the DT TZD, and EC zones
6
* Shall apply only to approved single - family residential uses in the DT TZD, and EC zones
* * Shall apply only to non- residential uses and mixed -use buildings in the DT District
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
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.
Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses,
AG, RE, RCS, SF -lA,
provided the privacy enjoyed by adjacent residential dwellings is not impaired.
SF -1B, SF -2 SF -30,
SF -20A SF -20B,
MF -1, MF -2, MH,
DT * , TZD *, and EC*
h.
Required off - street parking and loading spaces.
All
i.
Home occupation uses, as defined by this ordinance.
AG, RE,RCS SF -IA,
SF -IB, SF -2, SF -30,
SF -20A SF -20B,
MT-1, MF -2, MH,
DT * , TZD *, and EC*
j.
Parking and storage of private boats, camper trailers or other recreational vehicles in
AG, RE, RCS, SF -lA,
conformance with Section 35.
SF -IB, SF -2 SF -30,
SF -20A SF -20B,
MT-1, MF -2, MH
k.
Model and/or sample homes for the purpose of promoting sales shall be permitted, providing
AG, RE, RCS, SF -lA,
these structures are located on and within the same tract or subdivision of land being
SF -IB, SF -2, SF -30,
developed for sale.
SF -20A, SF -20B, ME-
1, MH, DT * TZD *,
and EC*
1
Signs for adv ^ ^avertisinguses on he
urn non 2
C i C 2 C
C 4 B i B 2 rim **
1 l .. ! 2
rrtl.
Tennis courts, health clubs, and related recreation facilities provided they are for the primary
HC, DT **
use of guests, customers or persons associated with the principal use.
nm.
Retail uses which are reasonably related to the principal uses within the structure provided
0-1, 0-2, B -1, I -1,
they do not exceed fifteen (15) percent of the floor area of the building.
I -2
en.
On site storage of records or file materials which are ancillary to or a portion of the office or
0-1, 0-2, DT * *, B -1,
business activities conducted within the principal office use (an example ofthis activity would
I -1
be the file storage and records required by a title company operation).
* Shall apply only to approved single - family residential uses in the DT TZD, and EC zones
* * Shall apply only to non- residential uses and mixed -use buildings in the DT District
po.
Retail activity of a service nature designed to provide direct service support to the businesses
and employees who occupy the remainder ofthe office complex. This would be limited to
0-1, 0-2, B -1
those activities which are clearly supportive of office operations, such as food service in the
nature of cafeterias or snack bars, news stands or gift shops providing reading material and
small, consumable sundries, pharmacies or drug stores, particularly when co- located with
medical or medical related office facilities, office supply stores or outlets providing support to
businesses within the complex itself (stores operating under this provision shall not be limited
only to sales within the office complex, but should clearly be aimed at marketing primarily
within the immediate vicinity ofthe complex site).
qp.
Feeding pen (not commercial) accessory to farm use
AG
rq.
Retail sales incidental to principal activity
I -1, I -2
sr.
Such other service activities as are clearly found to be directed at supporting the employees or
0-1, 0-2, B -1
business operations ofthe office complex. In no event shall the area allocated to retail sales
exceed fifteen (15) percent ofthe net usable square footage of each office structure.
All retail operations undertaken pursuant to this provision shall involve no outdoor storage or
sales and all signage for such activities shall be contained wholly within the office structure in
which the retail operation is established. No outside advertising shall be permitted.
t.
(Deleted by Or• -.c.in anop, No 4 4 90- 0
vs.
Office or administrative areas and activities supportive ofthe permitted principal uses.
I -1, I -2, B -1, B -2
wt.
The resale of used merchandise conducted by a retail sales establishment when such resale is
C -2, C -3, C -4, B -1, 13-
clearly secondary to and related to the sale of new merchandise. The resale of used
2, DT * *, I -1, I -2
merchandise shall be limited in that used merchandise displayed for sale may not exceed 20%
ofthe total merchandise displayed for sale.
xu.
Public, semi- public and private parks; recreation and open space including playgrounds,
ALL
parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries.
yv_.
One temporary construction facility and /or one temporary sales facility by a Developer,
ALL
including manufactured housing, not to exceed 500 square feet per facility, only during actual
construction for a period not to exceed two (2) years and located on property being developed.
zw.
Temporary concrete batching or transient mix plant for ninety (90) days plus one (1) thirty
ALL
(30) day extension. (As amended by Ordinance No. 480 -D.)
aax.
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)
(1) Noncommercial television satellite dishes and noncommercial radio and television
AG, RE, SF -IA, SF-
receiving antennas:
113, SF -2, SF -30, SF-
* * Shall apply only to non- residential uses and mixed -use buildings in the DT District
* ** Special Use Permit Required
Satellite dishes
Max.Ht.
Dish Size
Location
20A SF -20B, R -PUD,
(1 per site)
(Max.Diameter)
MF -1, MF -2, MIL
DT * * , TZD * *. RCS,
Tme:
35'
EC **
Roof Mount
10'
Rear of roof not visible from public
PLOT PLAN
R.O.W. in front of dwelling
REQUIRED
35'
Pole Mount
15'
10'
Rear yard: > 10' from rear property
Ground Mount
10'
line & > 10' from side property line
or behind the principal dwelling but
not in the side yard (not visible
from public R.O.W. in front of
TV Receiving
dwelling)
Antenna (1 per site)
Roof Mount
35'
N/A
Pole Mount 35'
35'
Rear of roof
N/A
Behind the principal dwelling, but
not in the side yard
(2) Noncommercial radio transmitting antennas limited to 65' in height. Must be located
AG, RE, SF -lA, SF-
behind the principal dwelling, but not in the rear yard. Must be no closer to a property
1B, SF -2, SF -30, SF-
line than the maximum height of the antenna. (Complaints concerning electrical, radio, or
20A, SF -20B, R -PUD,
television signal interference shall be referred to the FCC.)
MF -1, MF -2, MH
PLOT PLAN
REQUIRED
(Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480 -W.)
(3) Nonresidential
satellite dishes
accessory to the principal
permitted use on site.
0-1, 0-2, C -1, C -2, C-
3, C -4, B -1, B -2, I -1,
Type-
Dish Size
Location
I -2, HC, S -P -2, S -P -1,
(Max.Diameter)
CS, NR- P.U.D.
Roof Mount
35'
10'
Rear of roof not visible from public
PLOT PLAN
R.O.W. in front of principal
REQUIRED
structure
Pole Mount
35'
10'
Rear yard: > 10' from rear property
Ground Mount
15'
10'
line & > 10' from side property line
or behind the principal structure but
not in the side yard (not visible
from public R.O.W. in front of
principal structure)
bby. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking
CS, C -1, C -2, C -3,
space. Shopping carts shall not be stored outdoors for any site approved after September 4,
C -4, S -P -1, S -P -2,
2001 unless screened from the public right -of -way by a four (4) foot masonry wall.
and PUD, DT **
* Shall apply only to single - family residential uses in the TZD, and EC zones
* * Shall apply only to non- residential uses and mixed -use buildings in the DT District
* ** Specific Use Permit Required
eez. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors
CS, C -1, C -2, C -3,
C -4, S -P -1, S -P -2,
provided that the machines are not clearly visible from the public right-of-way or adjacent O y p g y
�
and PUD, DT **
residential property. Signage on prepackage ice and vending machines shall not be readily
identifiable by type or product name from adjacent public streets.
ddaa. Outdoor commercial displays (See section 34.3 for specific regulations).
CS, Cl, C2, C3, C4,
I -1, I -2, B -1, B -2,
1IC, DT
ee Yard or garage sales, subject to the following requirements:
AG, RE, RCS, SF-
lA, SF- 1B, SF -2
1. No more than 3 garage sales within any 12 month period may occur.
SF -20X SF -20B,
2. The duration ofthe sale shall not exceed 72 hours.
SF -30, MF -t MF -2,
TZD *, EC*
tTcc. Fund raising/ sales. This activity may take place if the sole purpose is for raising funds to
CS, Cl, C2, C3, C4,
support community service organizations, public charities, or non - profit organizations and the
I -1, I -2, B -1, B -2,
following conditions are met:
IIC, DT
1. The solicitation or sales activity is restricted to privately owned land;
2. The solicitation or sales activity is restricted to an area that will not impede the normal flow
of vehicular and customer traffic so as to create a traffic hazard, or other hazard to the
public;
3. The organization has permission of the owner or lessee of the land; and
4. The duration of the fund raising activity shall not exceed seven (7) consecutive days;
provided that the fund raising and sales that take place inside a permanent structure shall
not be subject to this limitation.
gg Mass gathering events. This activity is authorized as an accessory use if it occurs:
ALL
1. in a permanent structure designed, constructed and approved by the Fire Marshal for the
occupancy load of the event with sufficient permanent sanitary facilities, as required by the
Uniform Building Code and sufficient parking facilities as required by this ordinance;
2. on a tract of land which is at least 10 acres in size, and the mass gathering area is at least
200 feet from the adjacent property, and the site will accommodate the required parking of
cars of attendees on -site; or
3. if the event is attended by less than 1,000 people in a day and the promoter has registered
with the Director of Public Safety and submitted the following information: Name,
address, telephone number, type of event, start and finish time for the event the number of
people expected to be in attendance, and the location for parking.
10
SECTION 2
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is
hereby amended by the amendment of Section 40, "Development Plans and Site Plans," with the
addition of the following under subsection 40.3:
cc. A concept plan for any proposed interior and exterior fencing entry features, and
streetscape improvements. (All) (As amended by Ordinance No. 480- IyEVM.
dd. A landscape concept plan for all proposed retention/detention areas including the
general schematics for all proposed landscaping, aesthetic treatments, and pedestrian
amenities. (AID (As amended by Ordinance No. 480 -MMM .
cc. For all development proposing any common open space, an open space management .- - - Formatted: Indent: Left: 0.7", Hanging:
plan that complies with the requirements of the applicable zoning districts or Section 0.24 ", Tab stops: 0.94 ", Left
33, Supplementary District Regulations.
- Tl;Rt, 1 t;,,r „f FO S ib l;t ,i,1 RU id e l OS f thR Aj4#R4qA4:10,0aRCI 0J30r-At; :1 9 -- - - Formatted: Indent: Left: 0.94 ", Hanging:
0.31 ", Tab stops: 1.25 ", Left
irn OirROiirR Mai 4#P-- W,ziroe - a'• ,7 F oci -- fOF !vnl,,RR WF ita i RIPFEA -0 1.
n f oaf o opt „f th 0 0 manag ement ,.1.,n „tea .- - - Formatted: Indent: Left: 0 ", First line: 0"
. ; tt,„t in th e ont th aF t. FO S iblo f �to� o f tt o .- - - Formatted: Indent: Left: 0 ", Hanging: 1.25"
9� 9�
.,d ti th Git- Of S tb.l .ti, l ;; C CI U -o0d t ass "i-.ie
(As amended by Ordinance No. 480 -
MMM.
ff. A landscape plan meeting the requirements of Ordinance 544 -A, as amended. (for all t- - - Formatted: Indent: Left: o.7",Hanging:
non - residential site plans) 0.24 ", Tab stops: Not at 1.25
`- - - Formatted: Indent: Left: 1 ", First line: 0.5"
11
SECTION 3
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is
hereby amended by the amendment of Section 41, "Concept Plans," with the ^m ° ^am ° ^* ^ ^a addition
of the following under subsection 41.3:
q. For properties proposing on -site septic systems, provide the type and location of the on -site
septic systems, including the he topography of the site, location of spray fields, all easements
and impact on any existing trees. ees. O+ e J" ^te+ ^^ +''ae aapplieapA ^ate — "1174W4— i ght aois
t° �: i „ a ° °. (As amended by Ordinance No. 480- NIMM.)
r. Other information the applicant and /or owner might wish to include. Sue-IR R-4 r :rF . ^' R 4 q
n;
s. Such other information as may reasonably be required by the City Staff, Planning and
Zoning Commission or the City Council.
SECTION 4
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 5
— 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 6
12
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 7
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 8
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 9
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.
13
SECTION 10
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
Attachment 2
14
ORDINANCE 480 -NNN
Section 7
Section 11
Section 13
Section 14
Section 29
Section 50 (proposed)
Section 33
Section 42 (Table One)
Section 44
and
Section 45
15
ORDINANCE NO. 480 -NNN
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING SECTION 7, GENERAL DISTRICT
REGULATIONS, TO AMEND THE LIST OF ZONING DISTRICTS;
AMENDING SECTIONS 11, 13, 14, 29, AND 50, CLARIFYING THE LOT
AREA REQUIREMENTS FOR OPEN SPACE LOTS; AMENDING SECTION
33, SUPPLEMENTARY DISTRICT REGULATIONS, TO ADD SIDEWALK
REQUIREMENTS FOR COMMERCIAL DEVELOPMENT; AMENDING
SECTION 42, BUFFERYARDS, TO ADD THE NEW ZONING DISTRICTS
TO THE BUFFERYARD TABLE; AMENDING SECTION 44, BOARD OF
ADJUSTMENT, TO AMEND THE SPECIAL EXCEPTION USE TABLE;
AND AMENDING SECTION 45, SPECIFIC USE PERMITS, TO AMEND
THE SPECIFIC USE PERMITS TABLE; 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 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.
16
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 by the amendment of Section 7, "General District Regulations," w hich shall now
read as follows
7.1 DISTRICTS - In order to regulate and restrict the location of trades and industries and the
location of buildings erected, reconstructed, altered or enlarged for specified uses, to
regulate and limit the height and bulk of buildings hereinafter erected, reconstructed,
altered or enlarged, to regulate and determine the area of yards and other open spaces and
to regulate and limit the density of population, the City of Southlake is hereby divided
into thirty (30) zoning districts to be known as follows:
1. CS Community Service District or District "CS"
2. AG Agricultural District or District "AG"
3. RE Single Family Residential Estate District or District "RE"
4. SF -lA Single Family Residential District or District "SF-IA"
5. SF -113 Single Familv Residential District or District "SF -113"
6. SF -30 Single Familv Residential District or District "SF -30"
7. SF -20A Single Family Residential District or District "SF -20A"
8. SF -20B Single Family Residential District or District "SF -2013"
9. NT-1 Two Family Residential District or District "MF -1 "
10. NT-2 Multiple Family Residential District or District "NW-2"
11. 0-1 Office District or District "0-1 "
12. 0-2 Office District or District "O -2"
13. C -1 Neighborhood Commercial District or District "C -1"
14. C -2 Local Retail Commercial District or District "C -2"
15. C -3 General Commercial District or District "C - 3 "
16. C -4 Arterial Mall Commercial District or District "C -4"
17
17. B -1 Business Service Park District or District "13-1"
18. B -2 Commercial Manufacturing District or District "B -2"
19. I -1 Liaht Industrial District or District 1 -1 "
20. I -2 Heavv Industrial District or District 1-2"
21. HC Hotel District or District "HC"
22. MH Manufactured Housing District or District "MH"
23. PUD Planned Unit Development District or District 'PUD"
24. S -P -1 (Detailed) Site Plan District or District "S -P -1"
25. S -P -2 (Generalized) Site Plan District or District "S -P -2"
26. DT Downtown District "DT"
27. TZD Transition Zoning District "TZD"
28. RCS Rural Conservation Subdivision Zoning District "RCS"
29. EC Employment Center Zoning District "EC"
30. SF -2 Single Family Residential District or District "SF -2"
.- - - Formatted: Bullets and Numbering
.- - - Formatted: Bullets and Numbering
.- - - Formatted: Bullets and Numbering
t- - - Formatted: Bullets and Numbering
.- - - Formatted: Bullets and Numbering
The term "more restricted district" means one with fewer permitted uses, and the term "less
restricted district" means one with more permitted uses.
SECTION 2
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s"
hereby amended by the amendment of Section 11, "SF- IA Single - Family Residential District,"
subsection 11.5 (f) to read as follows:
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 anv_ , - Formatted: Font: (Default) Times New Roman
open space lot designated in a City Council approved concept or development
plan.
SECTION 3
18
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s"
hereby amended by the amendment of Section 13, "SF -30 Single - Family Residential District,"
subsection 13.5 (t) to read as follows:
Lot Area: The minim area of a lot shall be thirty thousand (30,000) square feet
except that no minimum area shall be required for any pen space lot designated
in a City Council approved concept or development plan
SECTION 4
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is -- - - Formatted: indent: First line: o.s"
hereby amended by the amendment of Section 14, "SF -20A Single - Family Residential District,"
subsection 14.5 (f) to read as follows:
Lot Area: The minim area of a lot shall be twenty thousand (20,000) square
feet except that no minimum area shall be required for any pen space lot
designated in a City Council approved concept or development plan
SECTION 5
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is -- - - Formatted: indent: First line: 0.5"
hereby amended by the amendment of Section 29, "MH — Manufactured Housing District,"
subsection 29.6 (f) to read as follows:
f. Lot Area: The minimum area of a lot shall be twenty thousand (20,000) square
feet except that no minimum area shall be required for any pen space lot
designated in a City Council approved concept or development plan The
minimum lot area set forth above shall not apply to any unplatted tract, deeded
and filed of record prior to January 1, 2000. Subsequent to the enactment of this
ordinance, no property in the MH zoning district may be subdivided or re-
subdivided to a lot or tract size less than the smaller of 20,000 square feet or the
size of the tract as it existed on January 1, 2000, with the exception of deviations
authorized below:
Deviations from deeded tract boundaries may be authorized by the City
Council with plat approval. When preparing a plat for the subdivision or re-
subdivision of unplatted tracts in the "MH" - Manufactured Housing district,
the subdivider is encouraged to formalize pre - existing tract patterns into lots.
In an effort to establish a consistent and cohesive lot pattern, limited
deviations from the pre - existing tract area boundaries may be permitted due
to irregularity in tract ownership and development. Any such allowance shall
not result in an increase in the total number of tracts/lots unless authorized by
City Council. Any changes from the pre- existing tract layout shall be firmly
based on promoting a regular lot pattern that is in keeping with the
characteristics for that particular neighborhood.
SECTION 6
19
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s"
hereby amended by the amendment of Section 50, "SF -2 Single - Family Residential District,"
subsection 50.5 (t) to read as follows:
Lot Area: The minimum area of a lot shall be two (2) acres or eighty seven
thousand and one hundred and twenty (87,120) 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
SECTION 7
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is -- - - Formatted: indent: First line: o.s"
hereby amended by the amendment of Section 33, "Supplementary District Regulations," by adding
subsection 33.19 to read as follows:
33.19 SIDEWALK REOUIRENIENTS —For all development reouirina a Citv Council approved
site plan, a five (5) -foot wide concrete sidewalk shall be provided along public streets
unless identified in the city's Pathways Plan in which case Ordinance 483, Section 5.06 shall
apply. In addition, all non - residential development shall provide pedestrian access to the
City's existing or future trail system as identified in any City Council adopted plan.
SECTION 8
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is .- - - Formatted: indent: First line: 0.5"
hereby amended by the amendment of Section 42, `Bufferyards," Table One to read as follows:
20
TABLE ONE
BUFFERYARD ADJACENT TO PLATTED AND /OR ZONED PROPERTY (As amended by Ord. 480 -E.)
This table shall be used to determine the bufferyard requirements adjacent to tracts which are platted and zoned, and for tracts that only have zoning.
ZONING OF ADJACENT PROPERTY
Developing
Tract
ZONE
G
AG
CS
RE
RCS
SF1A
SF1B
SF
SF30
SF20A
SF20B
W1
MF2
01
02
C -1
C -2
C -3
C -4
B -1
B -2
I1
L'
MH
HC
AG
TBL3
*
*
+
*
+
+
*
*
>
*
*
*
>
*
*
*
*
*
+
+
+
CS
TBL3
*
C
C
C
C
C
B
B
B
A
A
A
A
A
A
A
A
A
A
*
*
*
A
RE
TBL3
RCS
TBL3
SFl
TBL3
*
*
*
*
*
*
*
*
*
*
*
SME
TBL3
*
x
+
+
+
+
+
+
+
+
*
*
*
*
*
*
*
+
*
+
SF -2
TBL3
SF30
TBL3
SF20
TBL3
SF20
I TBL3
MF1
TBL3
A
F1
F1
F1
F1
F1
F1
F1
F1
A
A
A
A
A
A
A
A
A
A
*
*
A
B
MF2
TBL3
A
F1
F1
F1
F1
F1
F1
F1
F1
A
A
A
A
A
A
A
A
A
A
*
*
A
B
01
TBL3
A
B
B
F1
F1
F1
F1
F1
F1
A
A
A
A
A
A
A
A
A
A
B
A
02
TBL3
A
C
C
F1
F1
F1
F1
F1
F1
A
A
A
A
A
A
A
A
A
A
*
*
B
A
C -1
TBL3
A
B
B
F1
F1
F1
F1
F1
F1
B
B
B
B
A
A
A
A
A
A
*
*
F1
A
C -2
TBL3
A
B
B
F1
F1
F1
Fl
F1
F1
B
B
B
B
A
A
A
A
A
A
*
*
F1
A
C -3
TBL3
B
C
C
F1
F1
F1
F1
F1
F1
C
C
C
C
A
A
A
A
A
A
*
*
F1
B
C -4
TBL3
B
C
C
F1
F1
F1
F1
F1
F1
C
C
C
C
A
A
A
A
A
A
*
*
F1
B
B -1
TBL3
C
C
C
F1
F1
F1
F1
F1
F1
F1
F1
D
D
B
B
B
B
A
A
*
*
F1
B
B -2
I TBL3
C
C
C
F1
F1
F1
F1
F1
F1
F1
F1
D
D
B
B
B
B
A
A
*
*
F1
B
I -1
TBL3
D
D
D
F2
F2
F2
F2
F2
F2
F1
F1
F1
F1
F1
F1
F1
F1
F1
D
A
A
F1
D
I -2
TBL3
D
D
D
F2
F2
F2
F2
F2
F2
F1
F1
F1
F1
F1
F1
F1
F1
F1
D
A
A
F1
D
MH
MU
C
D
D
F1
F1
F1
F1
F1
F1
D
D
D
D
A
A
A
A
A
A
*
*
*
D
HC
TBL3
B
D
D
D
D
D
D
C
C
C
C
B
B
A
A
A
A
A
A
*
*
*
A
* No bufferyard required.
In PUD, SP and SP2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the required bufferyard.
Formatted Table
Formatted: Centered
Formatted: Centered
21
SECTION 9
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is t- - - Formatted: indent: First line: o.s°
hereby amended by the amendment of Section 44, "Board of Adjustment," by amending the table
under subsection 44.12 to read as follows:
SPECIAL EXCEPTION USE
District Where
Permitted
1.
Servants or family quarters for domestic servants employed on the premises or family
AG, RE, RCS SF -IA,
members of the owner of the premises and shall not be rented or otherwise used as a
SF -113, SF -2, SF -30,
separate domicile provided the gross inhabitable square footage of the floor area shall not
DT*
exceed one thousand (1,000) square feet. Such quarters may be housed within the principal
CONCEPT PLAN
residential dwelling, above a residential garage, or be part of an accessory building on the
REQUIRED
same premises, and shall comply with minimum standards for light, health, safety and
occupancy in conformance with other applicable City Codes and Ordinances. If the quarters
exist as a separate accessory building to the principal dwelling, such quarters must be
located at a distance of at least thirty (30) feet behind the principal dwelling, or not be
visible from the street; in addition, such quarters must share a common street access with
the principal dwelling. All utilities must be on the same meter as the principal dwelling. A
separate septic system from the principal dwelling is required if the quarters are housed
other than in the principal dwelling.
2.
Temporary real estate sales office, including manufactured housing, to be located on
ALL
property being sold for a period of sale exceeding two (2) years.
CONCEPT PLAN
REQUIRED
3.
The construction of accessory buildings or structures of a size or aggregate size greater than
AG, MF -1, MF -2, SF-
that permitted under the accessory building requirements of the zoning district in which the
LA, SF -113, SF -30,
property lies.
SF -20A SF -20B, MIL
DT*
PLOT PLAN
REQUIRED
4.
Accessory buildings located in the front yard.
SF -IA, SF -113 and RE
PLOT PLAN
REQUIRED
5.
In -home day care per state regulations.
RE, RCS, SF -IA, SF-
113, SF -2 SF -30, SF-
20A, SF -2013, MIL
DT * , TZD *, EC*
PLOT PLAN
REQUIRED
6.
In -home swimming lessons.
RE, RCS, SF -2, SF-
lA, SF -113, SF -30,
SF -20A, and SF -2013,
MH PLOT PLAN
REQUIRED
* Shall apply only to approved single - family residential uses in the DT zone
*Shall apply only to approved single - family residential uses in the DT TZD, and EC zones
22
7. Portable buildings not otherwise permitted under this ordinance, subject to the following
All except RE, SF -1A,
requirements: (As amended by Ord. 480 -J)
SF -1B, SF -2, SF -30,
SF -20A, SF -2013,
a. Approval of a portable building shall be on a temporary basis only. Any permit granted
MR -1, MF -2, MII,
hereunder shall be for a maximum period of three (3) years subject to renewal for
PLOT PLAN
additional one (1) year periods.
REQUIRED
b. All portable buildings shall be constructed in accordance with the appropriate state or
federal code which regulates their construction or shall meet all requirements of the City's
building code.
c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry
facade meeting the requirements of the City's Masonry Ordinance. In addition, hard
surfaced parking shall be provided for portable buildings. The Board may waive these
requirements where it determines that due to the location of the portable building on the
premises or due to other unique circumstances, the requirements are not necessary to
protect the health, safety and welfare of the public and that they would impose an
unnecessary hardship on the applicant.
d. Portable buildings shall be maintained in a neat and presentable condition at all times.
Upon expiration of the special exception use permit, the portable building shall be
innnediately removed and the premises shall be restored to their previous condition.
e. The plot plan submitted with the application shall contain a narrative explanation
describing the applicant's plans to transition the portable building to a permanent structure.
8. The erection and maintenance of noncommercial radio and television transmitting and
ALL
receiving antennas and satellite dishes in excess of maximum height regulations or
PLOT PLAN
maximum dish size for this district where such structures are related to principal permitted
REQUIRED
uses occupying the structures to which they are external to, attached, or affixed. (As
amended by Ord. No. 480 -J) (As further amended by Ord. No. 480 -W.)
23
SECTION 10
Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby
amended by the amendment of Section 45, "Specific Use Permits," by amending the table under
subsection 45.1 to read as follows:
SPECIFIC USE
DISTRICT WHERE
PERMITTED
1.
Sale of alcoholic beverages.
0-2, C -1, C -2, C -3, C -4,
HC, S -P -1, S -P -2, PUD,
DT**
2.
Churches, synagogues, temples and other similar facilities for worship, fellowship and
ALL
education, subject to the following conditions:
a. The City Council shall impose such reasonable conditions as it deems necessary to
protect the residential neighborhoods, in so far as practicable, from the detrimental
effects of noise, traffic, fire, etc. and to protect the character of the neighborhood
and the value of surrounding properties;
b. In granting or denying such application, the City Council shall consider such items
as the total land area to be devoted to the religious use, the size of the church
structures and the congregation, the frequency of church services, other activities
which take place on the premises, and the suitability of the property for residential
use.
The City Council shall consider all effects of such a facility, both beneficial and
detrimental, and shall deny such application when the detrimental effects
substantially outweigh the beneficial effects.
c. Children's nurseries, child day care centers, and kindergartens may be approved as a
part of the main or accessory religious building provided exterior instructional or
play areas are suitably fenced from any adjacent street, parking area or property.
d. The City Council may, where deemed appropriate, place a specific time limitation
on the approval of a permit for a church. (As amended by Ord. 480 -F.)
3.
Public, semi - public and parochial/ private schools, not including correctional
All except B -1, CS, HC, I -1
institutions or trade schools.
and I -2
4.
Colleges, junior colleges, or other similar institutions of higher learning, whether public
All except CS, I -1 and I -2
or private, when located on a site of at least twenty (20) acres, and provided such
facilities have direct access to a major thoroughfare street or highway and further
provided that buildings and intensive use outdoor facilities are set back a minimum of
one hundred (100) feet from all property lines.
5.
Public governmental buildings including community health centers and recreation
ALL
buildings, libraries, museums, postal stations, and administrative offices of federal or
state government.
** Shall apply only to non- residential uses and mixed use buildings in the DT District
24
6. Medical care facilities: nursing and care homes, hospitals, with their related facilities
and supportive retail and personal services used, operated by or under the control of the
hospital primarily for the convenience of patients, staff and visitors when located on a
site of not less than five (5) acres.
CS, C -1, C -2, DT **
7. Cemetery Uses.
CS
a. Application An application for a cemetery use must be in writing and shall
include:
(1) Name and address of applicant.
(2) Location and legal description of proposed cemetery land.
(3) Complete plan in conformity with the requirements of Development Plan
herein provided.
(4) Preliminary specifications of all buildings, improvements, utility installations
and other facilities to be constructed on or under the land proposed for zoning
change.
(5) Such further reasonable information as may be required by the City Council.
b. Development Plan - The cemetery shall conform to the following minimum
requirements:
(1) It shall be located on a well drained site, properly graded to insure rapid
draining and freedom from stagnant pools of water.
(2) All walkways and driveways within a cemetery shall be all weather, hard -
surfaced.
(3) When a public or community sewer system is available, sewer connections
shall be installed as required by the local plumbing code. If the cemetery is not
to be served immediately by a sewage collection system connected to a
community treatment plant or to a public sewage facility, the occupancy of any
building residence or other structure shall be restricted until a septic tank and
subsurface drainage field designed and constructed in accordance with methods
and standards approved by the State Department of Health and the local
plumbing code have been installed, inspected and approved by the City.
If the permitted use is not to be served immediately by a water utility,
occupancy shall be prohibited until water satisfactory for human consumption
is available from a source on the land, or a public utility source, in adequate and
sufficient supply for human use and operation of a septic tank and system.
Individual water supplies must be in conformity to the local plumbing code.
(4) All cemeteries must qualify and be maintained as a perpetual care center as
provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any
other applicable state laws.
(5) The cemetery must comply with all building codes, including but not limited to
plumbing, electrical, street, and general codes of the City of Southlake, Texas,
or other applicable governmental authority.
(6) All use of the surface land or underground, or buildings or structures of any
type shall comply with all applicable City, County, State, Federal or other
governmental agency requirements as to health, sanitation, ventilation,
pollution and associated matters.
** Shall apply only to non- residential uses and mixed use buildings in the DT District
25
c. Location - Any cemetery, or any portion of land designated for the use thereof, shall
comply with the following minimum requirements as to location:
(1) It shall conform to distance requirements of 912a -24, Revised Civil Statutes of
Texas, as amended, and such minimum distances shall be measured from the
nearest city limit point of any city or cities (other than the City of Southlake,
Texas) to the boundary of said cemetery land nearest to the city limit of the
other city by direct line measurement.
(2) It shall be located not less than five hundred (500) feet from any residence or
structure used for living purposes or any well, creek, lake, tank, reservoir or
pond, or other such water source or place of storage, passage, or drainage.
d. Parking - All parking shall be off - street parking with an all- weather surface located
in the rear or side yard next to buildings. There shall be one (1) parking space for
each four (4) seats in any assembly portion of any building or structure.
e. Screening and Fencing
(1) All land actually used for buildings and/or burial spaces shall be completely
enclosed in a fence with gates capable of being locked to prevent trespassers
from entering said premises.
(2) Any additional fencing, screening, walls, landscaping or ornamental planting
shall be installed if deemed necessary by the City Council in relation to the
property itself or in relation to any adjoining property.
8. Community centers and service clubs dedicated to social or recreational activities
AG, RE, RCS. SF -IA, SF-
serving the City or neighborhood thereof. Such buildings and facilities shall be set
2 SF -113, SF -30, SF -20A,
back at least thirty (30) feet from all side and rear property lines and forty (40) feet
SF -2013, MH, MF -I and
from any street line. The total ground floor area of all such buildings and structures
MF -2
shall not cover more than twenty -five (25) percent of the site area devoted to such
facilities and activities.
9. Public, semi - public and private golf courses together with related clubhouse, pro -shop
AG, I -2
and maintenance/ storage buildings, provided no building is closer than one hundred
(100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to
a public street right -of -way line.
10. Golf driving range.
AG, C -3, C -4, I -1, I -2
11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf
C -3, C4, B-2,1-1,1-2,
driving ranges, batting cages, carnivals, archery ranges and similar uses).
DT **
12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or
AG, RE, SF -IA, SF -113,
collector street.
SF -30, SF -20A, SF -2013,
ME-1 and MF -2
13. Studios designed for the practice, education or training in art, dance, music, drama,
C -1
photo, or interior design.
** Shall apply only to non- residential uses and mixed use buildings in the DT District
26
14. The location of day nurseries or similar child care activities, if said activity is clearly
C -1
designed to support neighborhood requirements in the residential areas lying in close
proximity to the specific use site.
15. Kennels
C -3, C -4, B -2, I -1
16. Veterinary clinics for large animal care, to include such restrictions as the City Council
1-1,1-2
deems necessary for protecting adjacent properties from negative environmental
impacts.
17. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or
AG, I -2
when operated as a business, provided adequate measures are employed to prevent
health hazards to humans or animals, and adequate controls are used so as not to create
offensive nuisances or odors.
18. Dude ranches catering to temporary guests housed on the premises.
AG
19. Private airfields and aircraft landing area.
CS, AG, C -3
20. Airports, aviation field or aircraft landing areas.
C -3
21. Helistop.
CS, HC, 0 -1, 0-2,14, I -2,
B -2
22. Sales and service of new automobiles, trucks, or motorhomes.
C -4, I -1
23. Sales and service of used automobiles, trucks, or motorhomes.
I -1
24. Temporary concrete batching or transient mix plant exceeding 90 -day approval plus
ALL
one 30 -day extension. (As amended by Ord. No. 480 -J)
PLOT PLAN
REQUIRED
25. Petroleum Operations The City Council may grant this use as a specific use permit,
I -2
subject to compliance with the following provisions:
SITE PLAN REQUIRED
a. In granting or denying a use in this category, the City Council must bear in mind
that these sites are not to be located contiguous to residentially zoned properties
and should be located in such a manner as to preclude the necessity to travel
through residentially zoned areas to reach these sites. Petroleum operations should
never be placed in an environmentally sensitive area and should be allocated only
to those areas appropriately supported by public utility infrastructure and major
arterial thoroughfares. Environmental impacts of this use should be carefully
considered in determining whether to grant or deny an application.
b. The City Council may permit the following uses within this category.
(1) On -site storage of petroleum products.
(2) Pipe line transfer or servicing operations relating to the delivery of petroleum
based products.
(3) Petroleum distribution points of a wholesale nature designed to allow the
loading or off - loading of truck facilities in a non - retail setting.
(4) Petroleum blending operations.
c. Petroleum operations shall not include oil or gas drilling and production.
d. No specific use permit shall be granted unless a site plan as set forth in Section
27.8 is submitted to, and approved by, the City Council. (As amended by
27
** Shall apply only to non- residential uses and mixed use buildings in the DT District.
28
Ordinance No.480 -M.)
26.
The City Council may authorize the establishment of retail operations in an amount
0 -1, 0-2,1-1
exceeding fifteen (15) percent of the net square footage of any one office structure if
said increase is the consolidation of retail space from a number of different office
structures under common ownership for the purpose of achieving efficiency of use and
cost economies. An example of this use would be found in a business park which
might contain five separate office structures. A cafeteria or food service establishment
to service all five structures might be located in one central structure under the
common control, direction or plan of a common ownership and management group.
The City Council shall be authorized to grant specific use permits to allow the
consolidation of the fifteen (15) percent retail support sales activity, provided that the
fifteen (15) percent maximum usage for retail sales limitation shall be maintained
throughout an overall common project.
27.
Residential Lofts and Live/Work units: The City Council may permit the construction
C -3, DT**
of residential units if they are constructed as a portion of a mixed use development
within a single structure. This specific provision is designed and intended to allow the
construction of studio or loft -type apartments or condominium living units on the floor
or floors above office and retail -type activities situated on a ground floor.
28.
A residential unit(s) for the exclusive use of an employee or employees of the
B -2 I -1
principal use, placed upon the site when such employee(s) will be fulfilling the duties
of night watchman or caretaker for the site. In approving the construction of a
residential unit under this provision, the City Council may establish such terms and
conditions as it deems necessary to protect the interest of the community at large, the
business applicant and the future occupant ofthe residential structure.
29.
Recreational campsite or campground (As amended by Ord. 480 -L)
AG
30.
Full Service Car Washes, subject to the following conditions: (As amended by Ord.480-
C -3
R)
SITE PLAN REQUIRED
a. Sanitary sewer service must be available to the site;
b.
The site must be located on a major arterial shown on the Master
Thoroughfare Plan in order to ensure proper traffic circulation.
c.
A minimum of one parking space must be provided for each two
hundred (200) square feet of total floor area of all buildings with
two- thirds (2/3) of the minimum spaces being tandem spaces for cars
awaiting washing or vacuuming.
d. The wash bay and vacuum/gasoline pump areas must be forty -five (45) degrees off
parallel to the adjoining thoroughfare.
31.
Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings),
ALL
subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by
Ordinance No. 480 -W.)
32.
Personal care facilities, are encouraged to be located within walking distance of
ALL, except AG, RE, RS
shopping areas, medical offices, civic centers, public parks, religious facilities, and
SF -lA, SF -2, SF -113, SF-
other related facilities or may be located in transitional areas adjacent to low and
30, SF -20A., SF -20B
** Shall apply only to non- residential uses and mixed use buildings in the DT District.
28
medium density residential developments when compatible and shall be subject to the
requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance
No. 480 -Y.)
33. service station when operated with or without convenience store, car wash,
C -3
and other related ancillary uses, subject to the requirements set forth in Section 45.10 of
this ordinance. (As amended by Ordinance No. 480 -Z.)
34. Carports for non - residential property, subject to the requirements set forth in Section
CS, 0-1, B -1, B-2,1-1,1-2,
45.11 ofthis ordinance. (As amended by Ordinance No. 480 -IL)
and S -P -1, S -P -2 and PUD
districts with CS, 0-1, B -1,
B -2, I -1, and I -2 uses.
SITE PLAN REQUIRED
35. Multi -level parking garages for non - residential property, subject to the requirements set
CS, 0-1, 0-2, C -1, C -2, C-
forth in Section 45.11 ofthis ordinance. (As amended by Ordinance No. 480 -IL)
3, C -4, HC, B -1, B -2, I -1,
I- 2,S -P -1, S -P -2, DT ** and
PUD
36. Single - family (attached and detached) residential
DT
37. Mass Gathering Event when not permitted as an accessory use in accordance with
ALL
Section 34, subject to the requirements set forth in Section 45.14 ofthis ordinance.
38. Funeral Homes and Services.
DT **
39. Farmer's markets.
DT **
CS, Cl, C2, C3, C4, I -1, I-
40. Outdoor sales or services, subject to the requirements set forth in Section 45.12 ofthis
2, B -1, B -2, HC
ordinance.
CS, Cl, C2, C3, C4, I -1, I-
41. Donation bins, subjectto the requirements of Section 45.13.
2, B -1, B -2, HC, DT **
42. Tents for the purpose of promoting retail sales for a period not exceeding twenty -three
CS, C -1, C -2, C -3, C -4, B-
(23) days. Tents shall be constructed in accordance with the provisions of the Uniform Fire
1, B-2,1-1,1-2, S -P -1, S -P-
Code, Article 32, as amended. A permit may be issued for a tent only as an accessory use.
2, NR -PUD, DT **
The activity shall also meet the development regulations of the zoning district in which it is
located. No more than two specific use permits for tents for a lot may be issued in any one
year period, with a sixty (60) day separation between events. The location of the tent shall
not reduce the minimum parking requirements or effectiveness of landscaped areas within the
site.
43. Gas & oil well drilling and production, subject to the requirements of Section 45.15
1-2
SITE PLAN REQUIRED
** Shall apply only to non- residential uses and mixed use buildings in the DT District.
29
SECTION 11
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 12
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 13
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 14
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,
30
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 15
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 16
—+ 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 17
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:
31
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
32
Attachment 3
ORDINANCE 483 -K
SECTION 5.06
33
ORDINANCE NO. 483 -K
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE V,
SECTION 5.03 TO CLARIFY SIDEWALK REQUIREMENTS; PROVIDING A
PENALTY; 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. 483, as the Subdivision 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. 483 as provided herein; and
WHEREAS, the City Council has given published notice and held public hearings with respect
to the amendment of the Subdivision Ordinance as required by law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE:
SECTION 1
Ordinance 483, as amended, the City of Southlake's Subdivision Ordinance is hereby amended -- - - Formatted: indent: First line: 0.5°
by the amendment of 5.06, "Sidewalks," by amending subsections A through 13(3)(c) to read as
follows:
A. General Provisions: The purpose of this section is to provide for the orderly, safe and healthful
construction of sidewalks within the City and to promote the health, safety and general welfare
of the community. In order to carry out these purposes, it is hereby declared to be the policy of
the City to guide and regulate sidewalk construction within the City.
34
B. Requirements:
General Requirements. Any new development in the city shall provide for the location
and construction of sidewalks as provided in this section. This shall include the
dedication of necessary right -of -way or public access easement and the construction of
sidewalks according to the specifications provided herein.
Residential Requirements:
a. Applicability: Sidewalks shall be required on both sides of all public and private
streets in all residential subdivisions with average lot sizes of less than one acre
platted or replatted after the effective date of this ordinance. A proposed
Pedestrian Access Plan must be included as an element of any Concept Plan
application, or in the case where no Concept Plan is required, with the
Preliminary Plat application and shall be processed concurrently with these
applications. The Pedestrian Access Plan shall demonstrate a method for the safe
and effective movement of pedestrians both within the subdivision and to and
from Trail System connections, where applicable.
b. Train ante ^° Southlake Pathways Plan: Regardless of average lot size, the
developer or builder of a residential subdivision platted or replatted after the
effective date of this ordinance shall install sidewalks and /or trails in accordance
with the Trail °^°* °m Ma Southlake Pathways Plan as amended. ale+lg4e
C. Time of Construction:
i ........... Owners/homebuilders: Each owner/home builder within a residential
subdivision platted after the effective date of this ordinance shall
construct sidewalks at the time of construction of the house. In those
circumstances where a sidewalk would impact the construction of
driveways and access walks, the sidewalks shall be constructed before
the City's final building inspection. A certificate of occupancy will not
be issued until required sidewalks are in place.
ii . ........ Developers: Sidewalks and/or trails shown in the Pedestrian Access Plan
to be constructed within common areas shall be constructed by the
developer during the development of the subdivision.
d. Exemptions: A residential lot that is platted as a single lot of record is exempt
from this requirement unless:
i ........... Sidewalks are existing on both sides of the lot; or
35
ii .......... The lot is located within 1,500 feet of a public or private school and is on
the same side of the street.
Non - residential Requirements:
a. Applicability: Sidewalks and/or trails, where required by the T,-^�r
MastffSouthlake Pathways Plan, shall be required on all non - residential
properties platted or replatted after the effective date of this ordinance. A
proposed Pedestrian Access Plan must be included as an element of any Concept
Pla Development, or Site Plan application and shall be processed concurrently
with these applications, or in the case where no Concept Development, or Site
Plan is required, with the Preliminary Plat application. The Pedestrian Access
Plan shall demonstrate a method for the safe and effective movement of
pedestrians both within the subdivision and to and from Trail System
connections, where applicable. Sidewalks for all other non - residential
properties shall be regulated in the Zoning Ordinance 480, as amended.
Trail Master Plan: The developer or builder of a non - residential subdivision
platted or replatted after the effective date of this ordinance shall install
sidewalks and /or trails along the tract being developed adjacent to all arterial
and collector streets (as defined by the Master Thoroughfare Plan), where
applicable according to the Trail System Master Plan.
Time of Construction: Each developer and /or builder of a non - residential
subdivision platted after the effective date of this ordinance shall construct
sidewalks at the time of construction of the development. In those circumstances
where a sidewalk would impact the construction of driveways and access walks,
the sidewalks shall be constructed before the City's final building inspection. A
certificate of occupancy will not be issued until required sidewalks are in place.
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
36
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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5
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 6
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.
SECTION 7
37
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
DATE:
ADOPTED:
EFFECTIVE:
38