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Item 6ECITY OF SOUTHLAKE MEMORANDUM April 27, 2011 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Ordinance No. 480 -EEEE, Amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to permitted and accessory uses and sales within certain (non - residential) zoning districts Action Requested: Conduct a Public Hearing and consider second reading City Council approval of the proposed changes to the City of Southlake Zoning Ordinance No. 480, as amended, as it pertains to permitted and accessory uses and sales within certain (non - residential) zoning districts as specified in the attached Ordinance Amendment No. 480 -EEEE. Background Information: The City Council has requested that City Staff bring forward an amendment to the City of Southlake Zoning Ordinance No 480, as amended, in order to remove certain retail sales uses that may not be appropriate within Section 20, "C -1" neighborhood commercial district, Section 24, `B -1" business service park district, Section 25, `B -2" commercial manufacturing district, as well as Section 34, "Accessory Uses" within the "0-1" and "0-2" office districts, "C -1" neighborhood commercial district, `B -1" business service park district, `B -2" commercial manufacturing district, 1 -1" light industrial district and 1 -2" heavy industrial district. The specific amendments proposed are attached hereto in "redline- strike out" form and a clean version in ordinance form. Financial Considerations: None. Strategic Link: Safety and Security and Quality Development. Citizen Input/ Board Review: Nine (9) property owner responses were received; One (1) undecided; Eight (8) opposed (see attached response forms). A public hearing was held before the Planning & Zoning Commission on April 7, 2011. Legal Review: This ordinance is under review by the by the City Attorney. Alternatives: 1) Approve the amendment as presented; 2) Approve with modifications to the proposed amendment; 3) Deny the proposed amendment. Supporting Documents: A) Ordinance No. 480 -EEEE "Redline - Strike Out" Version — Pages 3 -23; B) Ordinance No. 480 -EEEE "Clean" Version - Pages 24 -36; C) Property owner response forms — Pages 36 -45. Planning & Zoning Commission Action: March 24, 2011; Approved (7 -0) to table until the April 7, 2011 Planning and Zoning Commission Meeting; April 7, 2011; Approved (7 -0) as presented; City Council Action: March 29, 2011; Approved (6 -0) to table until the April 19, 2011 City Council meeting (awaiting recommendation from the Planning and Zoning Commission), April 19, 2011; Approved first reading (7 -0); 2 Ordinance 480 -EEEE "Redline - Strike Out" Version SECTION 20 C -1 NEIGHBORHOOD COMMERCIAL DISTRICT (As amended by Ordinance No. 480 -UU) (As Amended by Ordinance 480 -EEEE) 20.1 PURPOSE AND INTENT - This district is a lower intensity commercial category providing a uniform set of standards for neighborhood type retail shopping facilities and general commercial support activities. It is intended that this zoning district be served by appropriate thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide neighborhood residential areas generally within one - quarter mile to one -half mile radius with limited, convenience services and small retail type items. It is intended that the development within a district or tract be established as a unit, with adequate off - street parking for customers and employees, with coordinated architecture, with coordinated signage and lighting specifically adapted to achieve compatibility with surrounding development and with appropriate landscaping and screening to reduce or eliminate any negative impacts on adjacent land uses. 20.2 PERMITTED USES a. Commercial Uses Offices of a business and /or professional nature providing services not including fabrication, manufacture, or production of goods. (As amended by Ordinance No. 480 -C.) Bake provided t freer area of the operation shall not �urc c� ,�rovra � vr ter ba kery r�crv gran - r - rvz eXGee J 2 , 000 sq foot Barber and beauty shops. 4-. Cleaners, laundries and /or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. GFE)Gery steres and/or m eat mark p rov i ded th a t the f area of the business antiVity shall not ovnoor! 3 sq foot Newsstands and /or bookstores provided that the floor area does not exceed 2,500 square feet of space. 5. Sit down restaurants tea r^ nmc a nd/ e r "t ou t" feed °fit �Ts, lishm provided that the sale of food and beverages is limited to on -site dining (take -out restaurants and restaurants with drive- through service are prohibited) and the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. 8 -.6. Tailor, clothing or wearing apparel repair shops to include tailor activities that create custom made clothing or accessories. b. Community Facility Uses - City hall, fire and police stations and other municipal uses. 20.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 20.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480 -C.) 20.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable (As amended by Ordinance No. 480 -HH.): 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 thirty (30) feet. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a C -1 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized, the equivalent open space and plantings (normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis 4 of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480 -U.) d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single - family residential there shall be a rear yard of not less than twenty -five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50) percent of the lot area. f. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area contained within any structure existing in this district shall be ten thousand (10,000) square feet. (As amended by Ordinance No. 480 -C.) g. All commercial uses within this district shall be retail sales and /or service type uses selling new merchandise only. h. All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Ordinance No. 480 -GG) Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. Off - street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district; however, such off - street parking spaces shall be on a hard surfaced drive or parking area. k. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty -five (65 %) percent of the total lot area. (As amended by Ordinance No. 480 -JJ.) 20.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY - In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part lll, Residential Adjacency Standards, shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480 -CC). 20.7 SITE PLAN - A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C -1 district. (As amended by Ordinance No. 480 -M.) 20.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an 5 approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No.480 -M.) 6 SECTION 24 B -1 BUSINESS SERVICE PARK DISTRICT 24.1 PURPOSE AND INTENT - In establishing this district, the City Council recognizes that some uses that would otherwise fall into the Industrial category are of such a nature that, under appropriate development controls, they may be appropriate neighbors for areas carrying a residential zoning classification. This district is intended to provide for innovative and well designed development of office, nuisance free research, and fully enclosed industrial uses in a modern working environment. It is intended that all uses in the B -1 district will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. Uses in this district should be attractively designed to provide space for appropriate access and internal circulation, and blend well with adjoining uses. These sites may be located contiguous to residentially zoned properties, but should be located in such a manner as to preclude the necessity of travel through residentially zoned areas to reach these sites. This zoning classification should be carefully sited in areas that are designed with sufficient supporting utility infrastructure and appropriate access to arterial level thoroughfares. This zoning category is not appropriate for retail establishments nor any use that entails outside storage of any kind. All permitted uses must be conducted within an entirely enclosed structure except for permitted accessory signs and off - street parking and loading facilities. 24.2 PERMITTED USES a. Office and Commercial Uses 1. Any use permitted in 0-1 district. 2. Administrative, executive and editorial offices for industrial organizations. 3. Apparel and millinery manufacturing and assembly. 4. Banks. 5. Barber and beauty shops. 6. Book and stationery stores. 7. Computer manufacture and research. 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex. (As amended by Ordinance No. 480 -D.) 8. Dry goods and apparel storage and distribution. 9. Electronic manufacture, research and assembly. 7 10. Funeral homes. 11. Lithograph, engraving, printing and publishing. 12. Manufacture of medical and dental equipment. 13. Manufacture of musical instruments. 14. Medical clinics. 15. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City. (As amended by Ordinance No. 480 -C.) 16. Optical instrument and lenses manufacturing. 17. Private schools and public schools. 18. Professional and business schools. 19. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This would be limited to 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 of the complex site). 20. Retail uses whieh are feasenably felated to the Pfineipal uses within th-e * ,-,,.. ufe p id th d not e fiftee (1 C) p ent of th 1 , 1 oof ., of the b a n- . ( Note: This is being removed from this section because the use is included with the amendment of Section 34 "accessory uses "for this district.) 24-. 20. Scientific and professional instrument manufacturing. 22. 21. Security guard quarters. 23- 22. Small parts manufacturing and assembly. 24- 23. Studios for training in fine arts. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 24.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 20 SECTION 25 B -2 COMMERCIAL MANUFACTURING DISTRICT 25.1 PURPOSE AND INTENT - This is the highest intensity business zoning district found within the City of Southlake and is intended to provide for the development of the most intensive commercial uses and those uses utilizing outdoor storage, display and limited fabrication. This use is not intended to be placed contiguous to or within close proximity to property carrying a residential zoning classification. This zoning category is a transitional zone between general commercial activities and industrial level activities. These sites are not designed to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to transit through residentially zoned areas to reach these sites. This zoning category is appropriate only along major arterial thoroughfares or in areas suitable for light industrial development. The category exists in order to allow the City to permit highly intensive commercial activity without the necessity of permitting those uses allowed in an industrial district. This zoning category will have environmental dysfunctions that could negatively impact surrounding development and therefore, should be carefully sited to avoid the creation of land use conflicts. This zoning category is not appropriate for environmentally sensitive areas of the community. The B -2 Commercial Manufacturing Zoning District is intended to provide a location for wholesale warehousing and storage when such activity is a portion of a traditional business activity. 25.2 PERMITTED USES a. Commercial Uses 1. Any retail establishment which sells used or previously owned merchandise with the exception of bona fide antique dealers or dealerships and used motor vehicles. 2. Auto painting facilities. 3. Automobile and motorcycle sales or rental establishments, provided that no such establishment shall exceed two (2) acres in size. Automobile body shops, brake shops, glass shops, seat cover and upholstery shops and transmission shops. Garages, storage and repair. 4. Automobile repair /service; oil & lube shops; muffler shops. 5. Boat sales, service and repair; recreational vehicle storage /sales. 6. Builder's supply, stores or outlets providing that all materials are contained within a building. 7. Bus stations. 8. Cafe or restaurant supply dealers for fixtures. 10 9. Commercial warehouse facility, providing that each individual warehouse structure does not exceed twenty thousand (20,000) square feet. 10. Farm implement sales and service. 11. Frozen food lockers without size limitations. 12. Janitorial or cleaning services. 13. Mini - warehouses - a totally enclosed facility involving one or more buildings and multiple individual units, the purpose of which is exclusively storage of goods. Retail or wholesale, offices, manufacturing, fabrication, service, repair or any other type of commercial or business enterprise is expressly prohibited from this type of facility. Storage of hazardous or flammable materials as designated by the Fire Marshal is expressly prohibited from this type of facility. 14. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed outdoors. The outdoor storage and sale of nursery products shall be exempt from all other outdoor storage and screening requirements contained within this ordinance. These products are established as an exception to all other outdoor storage and screening requirements as by their very nature they assist in meeting the landscaping, screening, buffering and open space goals of the City. (As amended by Ordinance No. 480 -C.) 15. Pest control services. 16. Produce markets. 17. Rental equipment store, provided that all such equipment offered for rent is contained within a building. 11 18. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex. This would be limited to 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 of the complex site). 19. Retail uses whieh are reasonably felated to the pfineipal uses within the st.-,,,. ufe p t d not e fifteen 0 5) p ent of the floo f afea of the buildi (Note: This is being removed from this section because the use is included with the amendment of Section 34 "accessory uses " or this district.) 20. Retail feed stores. 21. Road machinery sales and services (totally within a building). 22. Store fixtures sales facility. 23. Truck sales /rental, if in conjunction with the sale /rental of automobiles. 24. Upholstery shops - furniture. 25. Wholesale house, sales office and storage. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 25.3 ACCESSORY USES - In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 12 SECTION 34 ACCESSORY USES (As amended by Ordinance No. 480 -LL) (As amended by Ordinance No. 480 -QQ) (As amended by Ordinance No. 480 -SS) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -MMM) (As amended by Ordinance No. 480 -000) (As amended by Ordinance 480 -QQQ) (As amended by Ordinance 480 -VVV) (As Amended by Ordinance 480 -EEEE) 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 AG including slaughter houses or processing of agricultural products, animals or poultry. b. Equipment Sheds (As amended by Ord. 480 -MMM.) AG, RE, RCS, SF- 2 c. Accessory buildings enclosing equipment or activities in conjunction with the AG, RE, RCS, SF- permitted principal uses. No accessory use shall be construed to permit the 1A, SF -1 B, SF -2, keeping of articles or materials in the open or outside the building unless SF -30, SF -20A, specifically permitted elsewhere in this ordinance. (As amended by Ord. 480- SF -20B, MF -1, VVV.) MF -2 d. Private stables, including boarding of horses, in areas other than the RE, SF -1A, SF- Agricultural District for the keeping of grazing animals, provided (As amended 1 B, SF -2 (where by Ord. 480 -MMM): the lot on which the structure will 1. Ground accumulations of manure shall be collected and properly disposed be located of so as not to create offensive odors, fly breeding, or in any way become contains the same a health hazard or nuisance to humans or animals. minimum lot square footage 2. Fences for pens, corrals or similar enclosures shall be of sufficient height required in the SF- and strength to properly retain the grazing animal(s) on the premises. 1A and SF -18 zoning category) 3. The minimum space area upon which such grazing animal(s) may be SF -30 (where the enclosed, including pasture, pens, corrals, and stables, shall not be less lot on which the than fifteen thousand (15,000) square feet per each grazing animal over structure will be 13 five hundred (500) pounds and not less than five thousand (5,000) square located contains feet for any other grazing animal. the same minimum lot 4. All enclosed sheds and stables for animals as provided under the terms of square footage this subsection shall be placed a minimum of twenty -five (25) feet from the required in the SF- boundary of any adjoining lot or tract which is zoned in a residential 1A and SF -18 category while fences and corrals may be placed at the property line (As zoning category) amended by Ord. 480 -MMM). e. Private residential garages, carports and related storage buildings and AG, RE, RCS, SF- greenhouses accessory to permitted residential uses. (As amended by Ord. 1A, SF -1B, SF -2, 480 -G and Ord. 480 -MMM.) SF -30, SF -20A, SF -20B, MF -1, MF -2, MH, DT *, TZD *, EC* f. Private swimming pool, wading pools, and game courts (lighted and AG, RE, RCS, SF- unlighted), provided that if lighted, the lighting shall be so directed and 1A, SF -1B, SF -2, shielded so as not to shine directly on any adjacent residential property; and SF -30, SF -20A, further provided that any such pool or game court is for the private use of the SF -20B, MF -1, site occupants and their guests, and not operated as a business. All "at MF -2, MH, TZD *, grade" swimming pools with a water depth greater than twenty -four (24) and EC* inches and "above 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. (As amended by Ordinance No. 480 -C, 480 -MMM and 480 -QQQ.) g. The following residential accessory structures may be located in the side, AG, RE, RCS, SF- rear, or front yard: 1A, SF -2, SF-1B, i. Gazebos, arbors, pergolas, and trellises that are less than 120 square SF -30, SF -20A, feet. SF -20B, MF -1, ii. Water well houses less than 50 square feet MF -2, MH, DT *, iii. Fountains, ponds, and ornamental pools that are part of the residential TZD *, and EC* landscaping meeting the standards in 34.1 (f) The following residential accessory structures shall only be permitted in the * 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 the zoning district 14 15 side or rear yard, not 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 (As amended by Ordinance 480 -QQQ) h. Required off - street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. (As amended by AG, RE,RCS, SF- Ordinance 480 -MMM) 1A, SF -1B, SF -2, SF -30, SF -20A, SF -20B, MF -1, MF -2, MH, DT *, TZD *, and EC* j. Parking and storage of private boats, camper trailers or other recreational AG, RE, RCS, SF- vehicles in conformance with Section 35. (As amended by Ordinance 480- 1A, SF -2, SF -1B, MMM) SF -30, SF -20A, SF -20B, MF -1, MF -2, MH k. Model and /or sample homes for the purpose of promoting sales shall be AG, RE, RCS, SF- permitted, providing these structures are located on and within the same tract 1A, SF -1B, SF -2, or subdivision of land being developed for sale. (As amended by Ordinance SF -30, SF -20A, 480 -MMM ) SF -20B, MF -1, MH, DT *, TZD *, and EC* I. Tennis courts, health clubs, and related recreation facilities provided they are HC, DT ** for the primary use of guests, customers or persons associated with the principal use. m. Retail uses except for consumable food or beverage products unless they 0-1, 0-2, B -1, are sold for on- premises consumption by employees or patrons of the B -2, 1 -1, 1 -2 principal business. which are These types of retail sales and products must be reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building. n. On site storage of records or file materials which are ancillary to or a portion 0-1, 0-2, DT * *, B- of the office or business activities conducted within the principal office use (an 1, 1 -1 example of this activity would be the file storage and records required by a title company operation). o. Retail activity of a service nature designed to provide direct service support to 0-1, 0-2, B -1 the businesses and employees who occupy the remainder of the office complex. This would be limited to 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 15 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 of the complex site). p. Feeding pen (not commercial) accessory to farm use AG n Retail sales incidental to the nrinripal aGtiVi4y Such other service activities as are clearly found to be directed at supporting 0-1, 0-2, B -1 the employees or business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the 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. -_Office or administrative areas and activities supportive of the permitted I -1, I -2, B -1, B -2 principal uses. '.The resale of used merchandise conducted by a retail sales establishment C -2, C -3, C -4, B- when such resale is clearly secondary to and related to the sale of new 1, B -2, DT * *, I -1, (- merchandise. The resale of used merchandise shall be limited in that used 2 merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. Public, semi - public and private parks; recreation and open space including ALL playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. One temporary construction facility and /or one temporary sales facility by a ALL Developer, 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. Temporary concrete batching or transient mix plant for ninety (90) days plus one (1) thirty (30) day extension. (As amended by Ordinance No. 480 -D.) ALL * 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 the zoning district 16 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 and Ord. No. 480 -MMM.) (1) Noncommercial television satellite dishes and noncommercial radio and AG, RE, SF -1A, television receiving antennas: SF-1B, SF -2, SF- 30, SF -20A, SF- Satellite dishes Max. Ht. Dish Size (Max.Diameter) Location 20B, R -PUD, MF- 1, MF -2, MH, (1 per site) DT * *, TZD * *. Type: 35' RCS, EC ** Roof Mount 10' Rear of roof not visible from PLOT PLAN public R.O.W. in front of REQUIRED 35' dwelling Pole Mount 15' 10' Ground Mount 10' Rear yard: > 10' from rear property line & > 10' from side property line or behind the principal dwelling but not TV Receiving in the side yard (not visible Antenna (1 per from public R.O.W. in front of site) dwelling) 35' Roof Mount N/A 35' Pole Mount N/A 35' Rear of roof Behind the principal dwelling, but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65' in height. Must AG, RE, SF -1A, be located behind the principal dwelling, but not within the rear yard SF -1 B, SF -30, SF- setback. Must be no closer to a property line than the maximum height of 20A, SF -20B, R- the antenna. (Complaints concerning electrical, radio, or television signal PUD, MF -1, MF -2, interference shall be referred to the FCC.) (As amended by Ordinance No. MH 480 -VVV.) PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480 - W.) * 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 BT the zoning district 17 (3) Nonresidential satellite dishes accessory to the principal permitted use on 0-1, 0-2, C -1, C- site. 2, C -3, C -4, B -1, B -2, 1 -1, 1 -2, HC, Type: Max. Ht. Dish Size Location S -P -2, S -P -1, CS, (Max. Diameter) NR-P.U.D. Roof Mount 35' 10' Rear of roof not visible from PLOT PLAN public R.O.W. in front of REQUIRED principal structure Pole Mount 35' 10' Rear yard: > 10' from rear Ground Mount 15' 10' property 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) 3�x Shopping carts. Cart collection areas in parking lots shall not be placed in any CS, C -1, C -2, C- required parking space. Shopping carts shall not be stored outdoors for any 3, C -4, S -P -1, S- site approved after September 4, 2001 unless screened from the public right- P -2, and PUD, of -way by a four (4) foot masonry wall. DT ** z-.y Outdoor display of prepackaged ice machines and vending machines may be CS, C -1, C -2, C- 3, C -4, S -P -1, S- stored outdoors provided that the machine(s) are not clearly visible from the P -2, and PUD, DT ** public right -of -way or adjacent residential property. Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. aa. Outdoor commercial displays (See section 34.3 for specific regulations). CS, C1, C2, C3, C4, 1 -1, 1 -2, B -1, B -2, HC, DT bb. aa.Yard or garage sales, subject to the following requirements: AG, RE, RCS, SF -1A, SF- 1B, 1. No more than 3 garage sales within any 12 month period may occur. SF -2, SF -20A, 2. The duration of the sale shall not exceed 72 hours. SF -2013, SF -30, * Shall apply only to approved single - family residential uses in the TZD, and EC zones * *Shall apply only to non - residential uses and mixed use buildings in the BT the zoning district * ** Specific Use Permit Required 18 * Shall apply only to approved single - family residential uses in the TZD, and EC zones * *Shall apply only to non - residential uses and mixed use buildings in the DT the zoning district 19 MF -1, MF -2, TZD *, EC* Fund raising/ sales. This activity may take place if the sole purpose is for CS, C1, C2, C3, raising funds to support community service organizations, public charities, or C4, 1 -1, 1 -2, B -1, non - profit organizations and the following conditions are met: B -2, HC, 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. 4d-. cc. Mass gathering events. This activity is authorized as an accessory use if it ALL occurs: 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. ee: dd. Sale of alcoholic beverages. 0-2, C -1 , C -2, C- 3, C -4, HC, �S -P- 1. No alcoholic beverage use shall be located within three hundred (300) feet 1, S -P -2, PUD of a church, public school or public hospital. Such measurement shall be which permits C- 2, C -3, C -4, HC made in accordance with the requirements set forth in Section 109.33 of uses ) DT * *, the Texas Alcoholic Beverage Code. (As amended by Ordinance 480- VVV.) ECZ ** f-. ee. Portable on demand (POD) storage units for temporary residential storage AG, RE, RCS, during moving meeting the following standards: SF -1A, * Shall apply only to approved single - family residential uses in the TZD, and EC zones * *Shall apply only to non - residential uses and mixed use buildings in the DT the zoning district 19 i. A permit shall be required for PODs used for residential moving. In SF -2, SF-113, SF- addition to general application information, a permit application for PODs 30, shall indicate the location of the PODs on the lot. SF -20A, SF -20B, ii. PODs shall be placed on the driveway at the furthest point from the street MF -1, MF -2, MH, iii. PODs cannot be placed on any public right -of -way or in grassy areas in the DT *, TZD *, and front yard EC* iv. Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than ten (10) consecutive days each time (As amended by Ordinance 480 -QQQ) � ff. Portable on demand (POD) storage units for use during residential AG, RE, RCS, remodeling and construction meeting the following standards: SF -1A, SF -2, SF- v. PODs shall be placed on the driveway at the furthest point from the street 1 B, SF -30, SF- vi. PODs cannot be placed on any public right -of -way or in the front yard 20A, SF -20B, vii. A permit shall be required with the building permit for remodeling /construction and each permit shall be valid for the duration of a MF -1, MF -2, MH, maximum of 90 days that may be renewed no more than twice in 30 -day DT *, TZD *, and increments. EC* viii. An application for the building permit shall indicate the location of the POD units on the lot. ix. PODs shall be removed within seven (7) days of final inspection of the structure. (As amended by Ordinance 480 -QQQ) Sale of atGeheFFGbev Restaurants bev erages in Resurants ( s amended nan Ne TTT1�Tl"T tf iTfQTf T4� �. �1TTTG.T T"CTTJ� ened by Qrdi Ge 488-�� Q 2, G 1, 2 TD0 c r� _4 u rn P_ S P 2 Pain DTL*- I -1, I -2 gg. Catering and /or food preparation operations may sell food products produced on premises for retail purchase at their principal production site if this is an accessory use to their principal business of providing prepared food product services for off - premises consumption. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480 -C.) a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5) to a property line located in the rear yard. b. Separation requirements between accessory and principal buildings shall be determined by the most recently adopted International Residential Code (IRC). (As amended by Ordinance No. 480 -VVV.) 20 No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. 34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and location of outdoor commercial display items at permanent business locations: a. Items or merchandise which may be stored and displayed outside of a permanent business location without screening includes the following items and similar types of items: 1) living plant materials; 2) bundled firewood; 3) merchandise associated with the holidays; and 4) mechanical equipment associated with lawn and garden care and maintenance if such display shall be in conjunction with a promotional event and such equipment shall not be stored outside more than three (3) continuous days and must be removed and returned indoors at the end of each business day. b. No other items or merchandise shall be stored outside unless screened in accordance with the requirements of Section 39. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage, provided that the remaining pedestrian path, sidewalk or hard surface area shall be not less than 5' in width (See Exhibit 34- A). d. The storage area shall not exceed 30% of the linear frontage of the principal building (See Exhibit 34 -A). e. The merchandise for sale shall not be located further than 15' from the principal building. 21 The merchandise for sale shall not be located within required landscaped areas, required parking areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface. g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked higher than a height of four (4) feet. Height regulations shall not apply to living plant materials or the sale of Christmas trees. h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name from adjacent public streets or adjacent residential property by reason of package labels, sales tag markers, signs or otherwise. i. The display of such merchandise must not impede traffic flow or block site distance on the street. 34.4 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES (As amended bV Ordinance No. 480 -000) a. No restaurants with sale of alcoholic beverages shall be issued a Certificate of Occupancy if it is located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. 22 EXHIBIT 34 -A ACCEPTABLE LOCATION FOR OUTDOOR COMMERCIAL DISPLAYS -Seasonal Storage area not to exceed 30""o of the linear frontage of the prinlan building. • Seasonal Storage area not to extend 15' from the principal building. -Sidewalks alonff building froms shall contain a 5' wide egress. 23 100 feet' � ,0 ft. 0 Ordinance No 480 -EEEE "Clean" Version CITY OF SOUTHLAKE ORDINANCE NO. 480 -EEEE AN ORDINANCE AMENDING SECTIONS 20.2a, 24.2a, 25.2a AND 34.1 OF THE CITY OF SOUTHLAKE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERMITTED USES AND ACCESSORY USES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; 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 Council has determined that nonconforming land uses are a burden on the property values of adjacent properties and unduly diminish such property values and the enjoyment and public health and welfare of the citizens of the City; and WHEREAS, the City Council has determined that the existing provisions relating to the destruction, reconstruction and termination and amortization of nonconforming land uses are outdated and require revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 AMENDMENT OF SECTION 20.2a Section 20.2a of the Southlake Comprehensive Zoning Ordinance is hereby amended to provide as follows: 20.2 PERMITTED USES a. Commercial Uses 1. Offices of a business and /or professional nature providing services not including fabrication, manufacture, or production of goods. (As amended by Ordinance No. 480 -C.) 2. Barber and beauty shops. 24 3 Cleaners, laundries and /or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. 4. Newsstands and /or bookstores provided that the floor area does not exceed 2,500 square feet of space. 5. Sit down restaurants provided that the sale of food and beverages is limited to on -site dining (take -out restaurants and restaurants with drive- through service are prohibited) and the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. 6. Tailor, clothing or wearing apparel repair shops to include tailor activities that create custom made clothing or accessories. SECTION 2 Section 24.2.a. 20. written as "Retail uses which are reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building" shall be deleted from this section and the section 24.2.a. shall be renumbered sequentially. SECTION 3 Section 25.2.a. 19. written as "Retail uses which are reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building" shall be deleted from this section and the section 25.2.a. shall be renumbered sequentially. SECTION 4 AMENDMENT OF SECTION 34.1 Section 34.1 of the Southlake Comprehensive Zoning Ordinance is hereby amended as follows ACCESSORY USE District Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not AG including slaughter houses or processing of agricultural products, animals or poultry. b. Equipment Sheds (As amended by Ord. 480 -MMM.) AG, RE, RCS, SF- 2 25 c. Accessory buildings enclosing equipment or activities in conjunction with the AG, RE, RCS, SF- permitted principal uses. No accessory use shall be construed to permit the 1A, SF-113, SF -2, keeping of articles or materials in the open or outside the building unless SF -30, SF -20A, specifically permitted elsewhere in this ordinance. (As amended by Ord. 480- SF -20B, MF -1, VVV.) MF -2 d. Private stables, including boarding of horses, in areas other than the RE, SF -1A, SF- Agricultural District for the keeping of grazing animals, provided (As amended 1 B, SF -2 (where by Ord. 480 -MMM): the lot on which the structure will 1. Ground accumulations of manure shall be collected and properly disposed be located of so as not to create offensive odors, fly breeding, or in any way become contains the same a health hazard or nuisance to humans or animals. minimum lot square footage 2. Fences for pens, corrals or similar enclosures shall be of sufficient height required in the SF- and strength to properly retain the grazing animal(s) on the premises. 1A and SF -1B zoning category) 3. The minimum space area upon which such grazing animal(s) may be SF -30 (where the enclosed, including pasture, pens, corrals, and stables, shall not be less lot on which the than fifteen thousand (15,000) square feet per each grazing animal over structure will be five hundred (500) pounds and not less than five thousand (5,000) square located contains feet for any other grazing animal. the same minimum lot 4. All enclosed sheds and stables for animals as provided under the terms of square footage this subsection shall be placed a minimum of twenty -five (25) feet from the required in the SF- boundary of any adjoining lot or tract which is zoned in a residential 1A and SF -1B category while fences and corrals may be placed at the property line (As zoning category) amended by Ord. 480 -MMM). e. Private residential garages, carports and related storage buildings and AG, RE, RCS, SF- greenhouses accessory to permitted residential uses. (As amended by Ord. 1A, SF -113, SF -2, 480 -G and Ord. 480 -MMM.) SF -30, SF -20A, SF -20B, MF -1, MF -2, MH, DT *, TZD *, EC* f. Private swimming pool, wading pools, and game courts (lighted and AG, RE, RCS, SF- unlighted), provided that if lighted, the lighting shall be so directed and 1A, SF -113, SF -2, shielded so as not to shine directly on any adjacent residential property; and SF -30, SF -20A, further provided that any such pool or game court is for the private use of the SF -20B, MF -1, site occupants and their guests, and not operated as a business. All "at MF -2, MH, TZD *, grade" swimming pools with a water depth greater than twenty -four (24) and EC* inches and "above 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 * Shall apply only to approved single - family residential uses in the DT, TZD, and EC zones 26 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. (As amended by Ordinance No. 480 -C, 480 -MMM and 480 -QQQ.) g. The following residential accessory structures may be located in the side, AG, RE, RCS, SF- rear, or front yard: 1A, SF -2, SF-1B, iv. Gazebos, arbors, pergolas, and trellises that are less than 120 square SF -30, SF -20A, feet. SF -20B, MF -1, v. Water well houses less than 50 square feet MF -2, MH, DT *, vi. Fountains, ponds, and ornamental pools that are part of the residential TZD *, and EC* landscaping meeting the standards in 34.1 (f) The following residential accessory structures shall only be permitted in the side or rear yard, not forward of the principal building on the lot: iv. Batting cages, play structures, and pet houses v. Breezeways located at or behind the principal structure vi. Decks and play courts (As amended by Ordinance 480 -QQQ) h. Required off - street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. (As amended by AG, RE,RCS, SF- Ordinance 480 -MMM) 1A, SF -1B, SF -2, SF -30, SF -20A, SF -20B, MF -1, MF -2, MH, DT *, TZD *, and EC* j. Parking and storage of private boats, camper trailers or other recreational AG, RE, RCS, SF- vehicles in conformance with Section 35. (As amended by Ordinance 480- 1A, SF -2, SF -1B, MMM) SF -30, SF -20A, SF -20B, MF -1, MF -2, MH k. Model and /or sample homes for the purpose of promoting sales shall be AG, RE, RCS, SF- permitted, providing these structures are located on and within the same tract 1A, SF -1B, SF -2, or subdivision of land being developed for sale. (As amended by Ordinance SF -30, SF -20A, 480 -MMM ) SF -20B, MF -1, MH, DT *, TZD *, and EC* * *Shall apply only to non - residential uses and mixed use buildings in the zoning district 27 I. Tennis courts, health clubs, and related recreation facilities provided they are HC, DT ** for the primary use of guests, customers or persons associated with the principal use. m. Retail uses, except for consumable food or beverage products unless they 0-1, 0-2, B -1, 1 -1, are sold for on- premises consumption by employees or patrons of the 1 -2 principal business. which are These types of retail sales and products must be reasonably related to the principal uses within the structure provided they do not exceed fifteen (15) percent of the floor area of the building. n. On site storage of records or file materials which are ancillary to or a portion 0-1, 0-2, DT * *, B- of the office or business activities conducted within the principal office use (an 1, 1 -1 example of this activity would be the file storage and records required by a title company operation). o. Retail activity of a service nature designed to provide direct service support to 0-1, 0-2, B -1 the businesses and employees who occupy the remainder of the office complex. This would be limited to 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 of the complex site). p. Feeding pen (not commercial) accessory to farm use AG q. Such other service activities as are clearly found to be directed at supporting 0-1, 0-2, B -1 the employees or business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the 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. r. Office or administrative areas and activities supportive of the permitted 1 -1, 1 -2, B -1, B -2 principal uses. s. The resale of used merchandise conducted by a retail sales establishment C -2, C -3, C -4, B- when such resale is clearly secondary to and related to the sale of new 1, B -2, DT * *, 1 -1, 1- merchandise. The resale of used merchandise shall be limited in that used 2 merchandise displayed for sale may not exceed 20% of the total merchandise * 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 zoning district 28 displayed for sale. t. Public, semi - public and private parks; recreation and open space including ALL playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. u. One temporary construction facility and /or one temporary sales facility by a ALL Developer, 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. v. Temporary concrete batching or transient mix plant for ninety (90) days plus ALL one (1) thirty (30) day extension. (As amended by Ordinance No. 480 -D.) w. 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 and Ord. No. 480 -MMM.) (1) Noncommercial television satellite dishes and noncommercial radio and AG, RE, SF -1A, television receiving antennas: SF-1B, SF -2, SF- 30, SF -20A, SF- Satellite dishes Max. Ht. Dish Size (Max.Diameter) Location 20B, R -PUD, MF- 1, MF -2, MH, (1 per site) DT * *, TZD * *. Type: 35' RCS, EC ** Roof Mount 10' Rear of roof not visible from PLOT PLAN public R.O.W. in front of REQUIRED 35' dwelling Pole Mount 15' 10' Ground Mount 10' Rear yard: > 10' from rear property line & > 10' from side property line or behind the principal dwelling but not TV Receiving in the side yard (not visible Antenna (1 per from public R.O.W. in front of site) dwelling) 35' Roof Mount N/A 35' Pole Mount N/A 35' Rear of roof Behind the principal dwelling, but not in the side yard 29 (2) Noncommercial radio transmitting antennas limited to 65' in height. Must AG, RE, SF -1A, be located behind the principal dwelling, but not within the rear yard SF -1 B, SF -30, SF- setback. Must be no closer to a property line than the maximum height of 20A, SF -20B, R- the antenna. (Complaints concerning electrical, radio, or television signal PUD, MF -1, MF -2, interference shall be referred to the FCC.) (As amended by Ordinance No. MH 480 -VVV.) PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480 - W.) * 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 zoning district 30 (3) Nonresidential satellite dishes accessory to the principal permitted 0-1, 0-2, C -1, C- use on site. 2, C -3, C -4, B -1, B -2, 1 -1, 1 -2, HC, Type: Max. Ht. Dish Size Location S -P -2, S -P -1, CS, (Max. Diameter) NR-P.U.D. PLOT Roof Mount 35' 10' Rear of roof not visible PLAN from public R.O.W. in REQUIRED front of principal structure Pole Mount 35' 10' Ground Mount 15' 10' Rear yard: > 10' from rear property 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) x. Shopping carts. Cart collection areas in parking lots shall not be CS, C -1, C -2, C -3, placed in any required parking space. Shopping carts shall not be C -4, S -P -1, S -P -2, stored outdoors for any site approved after September 4, 2001 and PUD, DT ** unless screened from the public right -of -way by a four (4) foot masonry wall. y. Outdoor display of prepackaged ice machines and vending machines CS, C -1, C -2, C -3, may be stored outdoors provided that the machine(s) are not clearly C -4, S -P -1, S -P -2, visible from the public right -of -way or adjacent residential property. and PUD, DT ** Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. z. Outdoor commercial displays (See section 34.3 for specific CS, C1, C2, C3, regulations). C4, 1 -1, 1 -2, B -1, B -2, HC, DT aa. Yard or garage sales, subject to the following requirements: AG, RE, RCS, SF- 1A, SF- 113, SF -2, 1) No more than 3 garage sales within any 12 month period may SF -20A, SF -2013, occur. SF -30, MF -1, MF- 2) The duration of the sale shall not exceed 72 hours. 2, TZD *, EC* * Shall apply only to approved single - family residential uses in the TZD, and EC zones * *Shall apply only to non - residential uses and mixed use buildings in the zoning district * ** Specific Use Permit Required 31 bb. Fund raising/ sales. This activity may take place if the sole purpose is CS, C1, C2, C3, for raising funds to support community service organizations, public C4, 1 -1, 1 -2, B -1, charities, or non - profit organizations and the following conditions are B -2, HC, DT met: 5. The solicitation or sales activity is restricted to privately owned land; 6. 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; 7. The organization has permission of the owner or lessee of the land; and 8. 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. cc. Mass gathering events. This activity is authorized as an accessory ALL use if it occurs: 4. 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; 5. 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 6. 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. dd. Sale of alcoholic beverages. 0-2, C -1, C -2, C- 3, C -4, HC, (S -P- 1. No alcoholic beverage use shall be located within three hundred 1, S -P -2, PUD (300) feet of a church, public school or public hospital. Such which permits C- measurement shall be made in accordance with the requirements 2, C -3, C -4, HC set forth in Section 109.33 of the Texas Alcoholic Beverage Code. uses,) DT * *, (As amended by Ordinance 480 -VVV.) ECZ ** * Shall apply only to approved single - family residential uses in the TZD, and EC zones * *Shall apply only to non - residential uses and mixed use buildings in the zoning district ,2 ee. Portable on demand (POD) storage units for temporary residential AG, RE, RCS, SF- storage during moving meeting the following standards: x. A permit shall be required for PODs used for residential moving. 1A, In addition to general application information, a permit application SF -2, SF-113, SF- for PODs shall indicate the location of the PODs on the lot. 30, A. PODs shall be placed on the driveway at the furthest point from SF -20A, SF -2013, the street MF -1, MF -2, MH, xii. PODs cannot be placed on any public right -of -way or in grassy DT *, TZD *, and areas in the front yard EC* xiii. Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than ten (10) consecutive days each time (As amended by Ordinance 480 -QQQ) ff. Portable on demand (POD) storage units for use during residential AG, RE, RCS, SF- remodeling and construction meeting the following standards: 1A, SF -2, SF -113, xiv. PODs shall be placed on the driveway at the furthest point from SF -30, SF -20A, the street xv. PODs cannot be placed on any public right -of -way or in the front SF -2013, MF -1, yard MF -2, MH, DT *, xvi. A permit shall be required with the building permit for TZD *, and EC* remodeling /construction and each permit shall be valid for the duration of a maximum of 90 days that may be renewed no more than twice in 30 -day increments. xvii. An application for the building permit shall indicate the location of the POD units on the lot. xviii. PODs shall be removed within seven (7) days of final inspection of the structure. (As amended by Ordinance 480 -QQQ) gg. Catering and /or food preparation operations may sell food products I -1, I -2 produced on premises for retail purchase at their principal production site if this is an accessory use to their principal business of providing prepared food product services for off - premises consumption. 33 SECTION 5 PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6 PROVISIONS SEVERABLE 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 7 RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 PUBLICATION 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 sitting 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 34 SECTION 9 PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 PENALTY FOR VIOLATION 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 no more than Two Thousand Dollars ($2,000.00) for each violation of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. ;5 SECTION 11 EFFECTIVE DATE 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 1 St reading the day of 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 36 Property Owner Responses 03/10/2011 THU 21:52 FAX Notification Response Form 480 -EEEE Thursday, March 24, 2011 —6:30 PM 3545 C A Mc Properties Inc 1940 E State Hwy 114 Ste 150 Southlake Tx 76092 -6526 X001/002 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OP-HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted q0mte, are hereby in favor of opposed to undecided abou (circle or underline one), the proposed referenced above. . Space for comments regarding your position: Signature: _ Date: 24 4 1 /' Additional Signature: Date: Printed Name(s): 4tl T On axc; —p p "NOm Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 37 03/18/2011 09:45 8172202681 CLAFFEY PAGE 01 Notification Response Form 480 -EEEE Thursday, March 24, 2011 6:30 PM Lapis V Properties Ltd 202 Tejas Ct Springtown Tx 76082 -4755 4165 3 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAXOR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposeDto un decided about. (circle or underline one) the proposed referenced above. Signature: Additional Printed Na Must be property a Phone Number (optional): Date: -3' 38 Space. for comments. regarding your position: MAR-21-2011 10:07 Structures and Interiors P.001/001 Notification Response Form 480-EEEE Thursday, March 24, 2011 — 6:30 PM Herzog/Lease Partners Ltd 1594 Hatt Ct Southlake Tx 76092-9719 17355 A 2 41 "Ir A a AVILI"re Being the owner(s) of the property so noted above, are hereby in favor of =opposed to undecided about (circle or underline ot�, the proposed referenced above.. Space for comments regarding your position: 1 Additional Sign"r x Date: Printed Name(s): IgI Must be property owner(s) whose name(s) are printed at top. Oth Wise contact the Planning Department. One form per property. Phone Number (eptional): _. ; �`� °� �� �_ Tota,L P t)[)l 19 ` 4a fificat on Response Form 480 -EEEE Thursday, March 24, 2011 — 8:30 PM HOd % ,Richard Etux Mary 2575 Ridgecrest Dr Snu thlake Tm 76092 -2805 A1511 2A03A PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC BEARING. Being the owner(s) of noted above, are hereby in flavor of opposed to undecided about (circle or underline one) the proposed referenced above. Space for comments regarding your position: Signature: Addtt nal Signature: Date. ���' 14 Date: Printed Name(s): �cifr�afl `""� Must be property owner(s) whose name(e) are printed at lop. Otherwise contact the Planning Department. One form per property. T"tic e'Number (optional): 2 ( 3 40 Notification Response Form 41 480 -EEEE Thursday, March 24, 2011 - 6:30 PM 39608H B 6 Darr Equipment Lp 350 Bank St Southlake Tx 76092 -9122 PLEASE PROVIDE COMPLETED FORMS VIA -MXLj—FAX. OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. eecng the owner( -of the property so noted above,.are hereby in ffavor- of.. apposed to undecided (circle or underline one) the proposed reference"bave Spate far c6mments regarding your positron: Concerns: 34.1 Authorized accessory uses. q. Retail Sales incidental to the principat aetivity--Hea beemscratched'out= ?? t. Re -sale of use merchandise conducted by a retail sates - - -use merchandise for sale limited to 20% displayed from total ? ?? 34.3 Outdoor Commercial Displays 4) Mechanical equipment--- Lawn `and Garden Care and Maintenance ----- -must be removed and returned indoors. Note: this may or may not affect us, however the word maintenance describing equipment was included on x the description ,_and yoado not specify zoning. - i Signature: _ + Date:I! s Adtdibonal Signature: _ gate: Printed Name(s): s- 6. Bizoov.s, .Must be property awner(s) whose name(s) amprirrtad aitop. Otherwise contactthe One farm perproperty. - Phone Number (optional): i 41 Notification Response Form 480 -EEE E Thursday, March 24, 2011 — 6:30W & 17815 KAR 2 A & B Properties Inc Etal 822 Bishop St Plannin Honolulu Hi 96813 -3924 PLEASE PROVIDE COMPLETED FORMS VIA MAIL FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of oppo t o undecided about (circle or underline one) the proposed referenced above. Space for comments regarding your position; Signature: (3 Pno �tl& Date: 3.23 -11 Additional Signature: Date:. Printed Name(s): _ o b;r, ..,Jc;me ;> Must be property owner(s) whose name(s) are printed at top. Otherwise conlact the Planning Department. One form per property. Phone Number (optional): 42 PECAN CREEK SHOPPING CENTER DALLAS, TX. L.P. 270 Commerce Drive, Rochester, NY 14623 -3506 (585) 359 -3000, Fax (585) 359 -4690 March 23, 2011 City of Southlake Planning and Zoning Commission 1400 Main St., Suite 310 Southlake, TX 76092 VIA: FEDERAL EXPRESS Re: Opposition to Proposed Ordinance 480 -EEEE To Whom It May Concern: As owner of the Pecan Creek Shopping Center located at 711 -721 East Southlake Blvd., Southlake, TX 76092, we are opposed to the proposed ordinance amendment 480 -EEEE. This proposed ordinance would further limit approved uses in a C -1 district. During these challenging economic times, such restrictions are detrimental and would negatively impact retail properties in C -1 districts. If you have any questions, feel free to call. Very truly yours, PECAN CREEK SHOPPING CENTER DALLAS, TX. L.P. Brian Olds Operations Manager Cc: General Correspondence File Maintenance File- (Correspondence) 43 FROM : HEC ELECTRIC PHONE NO. : 6174245289 t4otifioation Response Form 4eo -EEEE Thursday, March 24, 2011 6:30 PM Jordan, Stanley 9201 Dickson Pd Fort Worth Tx 76179 -4032 2es6o A 5 Rpr. 06 2011 11:51RM P1 PLEASE PROVIDE FORMS VIA MAIL, FAX DR HAND DELIVER` BEFORE THE START OF THE SCHEDULED PUBLIC HEARING - Being the owner(s) of the pro so rioted above, are hereby in favor of opposed t undecided about (circle or underline one) the proposed referenced above. Space for c6inmente regarding your position Signature: - Date 5.` /V Additional Signature: Date: Printed Name( *): zrj &r� o _ Must be property owner(s) whose name(*) are printed at top. Otherwise contact the Planning Department- One form per property. Phone Number (optional 44 Notification Response Form ,480 -EEEE Thursday, March 24, 2011 — 6:30 PM Paty, Barbara Ann 1000 N White Cpl Blvd Southlake Tx 76092 -5134 A706 8B01A PLEASE EFORE COMPLETED FORMS VIA OF THE SCHEDU LE, DELIVERY D P BLIIC OR HAND HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed referenced above. Space for comments regarding your position: Signature: Date: t Additional Signature: Date: Printed Name(s): A Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): kdft�0 PZ. 261 0 45