480-BBBB CITY OF SOUTHLAKE ORDINANCE NO. 480 -BBBB
AN ORDINANCE AMENDING SECTIONS 6.9, 6.10, 6.11, AND 44.3 (d), (e)
and (f) OF THE CITY'S COMPREHENSIVE ZONING ORDINANCE, AS
AMENDED, TO REVISE THE PROVISIONS AND PROCEDURES
REGARDING THE DESTRUCTION, RECONSTRUCTION AND TERMINATION
OR AMORTIZATION OF NONCONFORMING USES AND THE BOARD OF
ADJUSTMENT'S AUTHORITY AND RESPONSBILITY RELATING THERETO,
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outdated and require revision;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 6.9
Section 6.9 of the Southlake Comprehensive Zoning Ordinance is hereby amended to
provide as follows:
6.9 DISCONTINUANCE OR ABANDONMENT
a. If a legal, non - conforming use is either discontinued or abandoned under
the terms and conditions of this section, such use shall not be resumed and any
further use shall be in conformity with the provisions of this ordinance.
b. For the purpose of this section, "abandonment" shall be defined as intent
by the owner to permanently close or cease the use, coupled with any act or
statement by the owner that manifests such intent. The following conditions,
1
events or conduct shall be presumed to constitute intent to abandon a non-
conforming use:
1. the closure or cessation of the non - conforming use for a period of
one hundred twenty (120) consecutive days;
2. the failure of the owner to repair the structure or property used to
operate the non - conforming use within thirty (30) days after the chief building
official or code enforcement officer has given the owner written notice that the
building, structure or property is:
(a) in an advanced stage of dilapidation, as determined by either
the zoning administrator or the chief building official;
(b) in violation of one or more applicable health and safety
codes adopted by the City that govern the use or condition of structures designed
for human occupancy, as amended, including but not limited to the applicable
building, plumbing, electrical, mechanical, and life safety codes as adopted by
the City; or
(c) otherwise unsafe for the continuation of the current use or
occupancy.
c. For the purpose of this section, "discontinuance" shall be defined as
follows:
1. When a non - conforming use has historically been operated on a
continuous basis, a closure or cessation of a use for a period of one hundred
eighty (180) consecutive days, irrespective of whether the owner has actual
intent to abandon the use.
2. When a non - conforming use has historically been operated only on
a seasonal basis, such use shall be deemed to have been discontinued,
regardless of whether the owner has actual intent to abandon the use, if either:
(a) the structure or property upon or in which the use has been
operated is closed or the non - conforming use ceases to operate for a period of
one hundred eighty (180) consecutive days; or
(b) the structure or property upon or in which the use has been
operated is closed or the non - conforming use ceases to operate in a bona -fide
manner during one or more normal and customary seasons or periods of
operation during which the non - conforming use has historically been operated.
2
d. Upon the request of the City or any other interested complainant, including
the owner of any real property located within one thousand (1,000) feet of the
real property containing a legal non - conforming use or structure, the zoning
administrator shall make a written determination as to whether such use has
been abandoned or discontinued as provided herein.
e. If the complainant or the owner of the nonconforming use wishes to
appeal a determination of the zoning administrator as to whether the non-
conforming use has been abandoned or discontinued, such person may perfect
an appeal by filing a written notice of appeal with the zoning administrator and
city secretary and paying the applicable fee within ten (10) business days of the
zoning administrator's decision. Upon the filing of such an appeal, the board of
adjustment shall, as soon as practicable, hold a public hearing on such appeal,
and, following such public hearing, may reverse the decision of the zoning
administrator based on a majority vote of the members present and voting. The
complainant shall bear the burden of proof and persuasion to establish either that
the non - conforming use has been closed or ceased for a period of one hundred
twenty (120) consecutive days or that the owner of the non - conforming use has
failed to repair the structure or property used to operate the non - conforming use
within thirty (30) days after the chief building official or code enforcement officer
has given the owner written notice as described above. The owner of the
nonconforming use shall bear the burden of proof and production to establish
that the owner of the nonconforming use did not have actual intent to abandon
the use.
SECTION 2
AMENDMENT OF SECTION 6.10
Section 6.10 of the Southlake Comprehensive Zoning Ordinance is hereby amended to
provide as follows:
6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR
USE
a. Nonconforming Structures.
1. If a legal nonconforming structure is totally destroyed or partially
damaged by the elements, fire, other catastrophe, or other casualty, the structure
may not be repaired or reconstructed except in conformity with the provisions of
this ordinance.
3
2. If a nonconforming structure is partially damaged by the elements,
fire, other catastrophe, or other casualty, and the owner of the nonconforming
structure wishes to repair or reconstruct the damaged structure, upon submission
of a request for a building permit, the zoning administrator shall first determine in
writing whether the cost of repair or reconstruction is less than fifty percent (50 %)
of the structure's fair market value immediately preceding the casualty, exclusive
of the value of the real property. In making a determination regarding the cost of
repair or reconstruction, the zoning administrator shall include all costs to make all
repaired or reconstructed portions of the structure conform to all applicable health
and safety codes adopted by the City that govern the use or condition of
structures designed for human occupancy, as amended, including but not limited
to the applicable building, plumbing, electrical, mechanical, and life safety codes
as adopted by the City.
3. If the zoning administrator determines that the cost of repair or
reconstruction is less than fifty percent (50 %) of the structure's fair market value
immediately preceding the casualty, exclusive of the value of the real property,
and the owner of the nonconforming structure complies with all other
requirements of the City Code, the owner of the nonconforming use or structure
shall be entitled to a building permit permitting the owner to repair or reconstruct
the damaged structure, provided that all repaired or reconstructed portions of the
structure shall conform to all applicable health and safety codes adopted by the
City as described above. If the zoning administrator determines that the cost of
repair or reconstruction is equal to or greater than fifty percent (50 %) of the
structure's fair market value immediately preceding the casualty, exclusive of the
value of the real property, the owner of the nonconforming structure shall be
entitled to a building permit authorizing the owner to repair or reconstruct the
damaged structure only if the proposed repairs and reconstruction completely
eliminate the non - conformity; otherwise, the owner shall be required to demolish
the damaged structure and bring the property into full conformity with the terms of
this ordinance.
b. Nonconforming Uses.
1. If a structure used in the operation of a legal nonconforming use is
totally destroyed or partially damaged by the elements, fire, other catastrophe, or
other casualty, the structure may not be repaired or reconstructed and the
nonconforming use may not be recommenced except in conformity with the
provisions of this ordinance.
2. If a structure used in the operation of a legal nonconforming use is
partially damaged by the elements, fire, other catastrophe, or other casualty, and
the owner of the nonconforming use wishes to repair or reconstruct the damaged
structure, upon submission of a request for a building permit, the zoning
4
administrator shall first determine in writing whether the cost of repair or
reconstruction is less than fifty percent (50 %) of the structure's fair market value
immediately preceding the casualty, exclusive of the value of the real property. In
making a determination regarding the cost of repair or reconstruction, the zoning
administrator shall include all costs to make all repaired or reconstructed portions
of the structure conform to all applicable health and safety codes adopted by the
City that govern the use or condition of structures designed for human occupancy,
as amended, including but not limited to the applicable building, plumbing,
electrical, mechanical, and life safety codes as adopted by the City.
3. If the zoning administrator determines that the cost of repair or
reconstruction is Tess than fifty percent (50 %) of the structure's fair market value
immediately preceding the casualty, exclusive of the value of the real property,
upon obtaining all required permits, the owner may repair or reconstruct the
structure and continue the nonconforming use. If the zoning administrator
determines that the cost of repair or reconstruction is equal to or greater than fifty
percent (50 %) of the structure's fair market value immediately preceding the
casualty, exclusive of the value of the real property, the owner may not repair or
reconstruct the structure, and shall discontinue the nonconforming use.
c. Multiple Structures used in Operation of Non - Conforming Use.
1. If an individual structure(s) used in operation of a legal non-
conforming use is destroyed or damaged by the elements, fire, other catastrophe,
or other causes, and the owner of the nonconforming structure wishes to repair or
reconstruct the damaged structure, the zoning administrator shall first determine
in writing whether the cost of repair or reconstruction is Tess than fifty percent
(50 %) of the total value of structures and improvements used to conduct the
nonconforming use, exclusive of the value of the real estate, and whether the
destroyed or damaged structure(s) constituted an integral part of the
nonconforming use without which the nonconforming use cannot be profitably
operated. In making a determination regarding the cost of repair or
reconstruction, the zoning administrator shall include all costs to make all repaired
or reconstructed portions of the structure conform to all applicable health and
safety codes adopted by the City that govern the use or condition of structures
designed for human occupancy, as amended, including but not limited to the
applicable building, plumbing, electrical, mechanical, and life safety codes as
adopted by the City.
2. (a) If the zoning administrator determines that the cost of repair
or reconstruction is less than fifty percent (50 %) of the total value of structures
and improvements used to conduct the nonconforming use, exclusive of the value
of the real estate, and that the destroyed or damaged structure(s) constituted an
integral part of the nonconforming use without which the nonconforming use
5
cannot be profitably operated, and the owner of the nonconforming structure
complies with all other requirements of the City Code, the owner of the
nonconforming use or structure shall be entitled to a building permit permitting the
owner to repair or reconstruct the damaged structure, provided that all repaired or
reconstructed portions of the structure shall conform to all applicable health and
safety codes adopted by the City as described above, and shall be entitled to
continue to use the repaired or reconstructed structure in operation of the non-
conforming use.
(b) If the zoning administrator determines both that the cost of
repair or reconstruction is equal to or greater than fifty percent (50 %) of the total
value of structures and improvements used to conduct the nonconforming use,
exclusive of the value of the real estate, and that the destroyed or damaged
structure(s) constituted an integral part of the nonconforming use without which
the nonconforming use could be profitably operated, the owner may not repair or
reconstruct the structure and shall discontinue the nonconforming use.
(c) If the zoning administrator determines that the cost of repair
or reconstruction is equal to or greater than fifty percent (50 %) of the total value of
structures and improvements used to conduct the nonconforming use, exclusive
of the value of the real estate, but that the destroyed or damaged structure(s) did
not constitute an integral part of the nonconforming use without which the
nonconforming use could be profitably operated, the owner may not repair or
reconstruct the structure but may continue the nonconforming use.
(d) If the zoning administrator determines that the cost of repair
or reconstruction is Tess than fifty percent (50 %) of the total value of structures
and improvements used to conduct the nonconforming use, exclusive of the value
of the real estate, but that the destroyed or damaged structure(s) did not
constitute an integral part of the nonconforming use without which the
nonconforming use could be profitably operated, the owner of the nonconforming
use or structure shall be entitled to a building permit permitting the owner to repair
or reconstruct the damaged structure, provided that all repaired or reconstructed
portions of the structure shall conform to all applicable health and safety codes
adopted by the City as described above, but shall not be entitled to continue to
use the repaired or reconstructed structure in operation of the non - conforming
use.
d. Conditions on Repair or Reconstruction. All repaired or
reconstructed portions of the structure shall conform to all applicable health and
safety codes adopted by the City as described above. Notwithstanding any
provision of this section to the contrary, the costs for repair or reconstruction of
any damaged or destroyed structure(s) may not be included in determining the
owner's investment in the non - conforming use subject to recoupment or
6
amortization, and also shall not be included in any subsequent proceedings
regarding amortization of the nonconforming use. If the zoning administrator
and /or Board of Adjustment have previously permitted repair or reconstruction or
a non - conforming structure or a structure used in the operation of a non-
conforming use, the owner of the nonconforming use shall bear the burden of
proof and production to establish that the costs of repair or reconstruction have
been excluded in any subsequent proceedings regarding amortization of the
nonconforming use. The zoning administrator and /or Board of Adjustment may
also impose other conditions on repair or reconstruction to prevent such repair or
reconstruction from unduly delaying the return of such property to a conforming
use and to prevent the increase of any nonconformity of a nonconforming
structure or use beyond what existed prior to the casualty, and to require that the
reconstructed structure conforms in all other respects to the all requirements of
the ordinances of the City. The determination of the Board of Adjustment on
these issues shall be final.
e. Special Exception for Financial Hardship.
1. If the zoning administrator determines that the cost of repair or
reconstruction is equal to or greater than fifty percent (50 %) of the structure's fair
market value immediately preceding the casualty, exclusive of the value of the
real property, and either the owner of the nonconforming use or structure does not
timely appeal that determination or the board of adjustment affirms that
determination, the owner of the nonconforming use or structure may request a
special exception permitting the owner of the nonconforming use or structure to
repair and /or reconstruct the structure and /or continue the nonconforming use by
filing a written request for special exception relating to continuance of a non-
conforming use or structure with the zoning administrator and city secretary and
paying the applicable fee within ten (10) business days of the date of
determination of the zoning administrator, or within ten (10) business days of the
date the board of adjustment affirms the determination of the zoning administrator,
as may be applicable.
2. Upon the filing of such a request for special exception, the board of
adjustment shall, as soon as practicable, hold a public hearing on such request
and, following such public hearing, may grant the special exception and authorize
repair and reconstruction if the board of adjustment determines that the financial
hardship caused the owner of the nonconforming use or structure outweighs any
negative impacts on the City and surrounding properties caused by the
continuation of operation of the non - conforming use. When making this
determination, the Board of Adjustment shall consider the property rights both of
the owner of the non - conforming structure or non - conforming use and the owners
of adjacent and nearby properties, the desirability for all property to conform to the
regulations of this ordinance, the character of the area surrounding the non-
7
conforming use or structure, the historic uses of the area surrounding the non -
conforming use or structure, the adverse impacts, if any, of the non - conforming
structure or use on the surrounding property and neighborhood, the diminishment
of value, if any, of the surrounding property and neighborhood due to the
continuance of the non - conforming structure or non - conforming use, and the
public welfare, including any person or persons affected by the continuation of the
non - conforming structure or non - conforming use.
3. The owner of the nonconforming use or structure will bear the burden of
proof and persuasion on the property rights of the owner of the nonconforming
use or structure, the investment of the owner in the non - conforming structure or
non - conforming use, and the past and /or anticipated future profitability of the non-
conforming structure or non - conforming use, and any other circumstances which
support the granting of the special exception. The City will bear the burden of
proof and persuasion on the property rights of the owners of adjacent and nearby
properties, the desirability for all property to conform to the regulations of this
ordinance, the character of the area surrounding the non - conforming use or
structure, the historic uses of the area surrounding the non - conforming use or
structure, the adverse impacts, if any, of the non - conforming structure or use on
the surrounding property and neighborhood, the diminishment of value, if any, of
the surrounding property and neighborhood due to the continuance of the non-
conforming structure or non - conforming use, and the public welfare, including any
person or persons affected by the continuation of the non - conforming structure or
non - conforming use. The determination of the Board of Adjustment shall be final.
f. Single family residences. Notwithstanding anything herein to the
contrary, a non - conforming single family residence which is damaged or
destroyed shall be permitted to be reconstructed without approval of the zoning
administrator or Board of Adjustment regardless of the extent of destruction
provided that the reconstruction complies with all current building codes and is
commenced within six (6) months of the date of destruction. The failure of the
owner to start such reconstruction within six (6) months shall forfeit the owner's
right to restore or reconstruct the dwelling except in conformance with this
ordinance.
g. Appeals. If the owner of the nonconforming use or structure wishes to
appeal a determination of the zoning administrator under this section, the owner
may do so by filing a written notice of appeal with the zoning administrator and
city secretary and paying the applicable fee within ten (10) business days of the
zoning administrator's decision. Upon the filing of such an appeal, the board of
adjustment shall, as soon as practicable, hold a public hearing on such appeal,
and, following such public hearing, shall decide such appeal. The owner of the
nonconforming use or structure shall bear the burden of proof and production at
8
such appeal hearing to establish that the zoning administrator's determination
should be reversed. The determination of the Board of Adjustment shall be final.
h. Failure to timely commence repair or reconstruction. With regard to
any request to repair or reconstruct under this section, if the owner of a
nonconforming use or structure fails to begin reconstruction of the structure (when
permitted to do so by the terms of this ordinance) within six (6) months of the later
of the date of issuance of a building permit, the nonconforming structure or use
shall be deemed to be discontinued or abandoned as provided in Section 6.9
above.
i. Notice and Procedures for Board of Adjustment Hearing. Prior to any
hearing before the Board of Adjustment under this section, the zoning
administrator shall provide the owner of any nonconforming use or structure for
which termination or amortization is sought with at least thirty (30) days prior
written notice of the appeal hearing. Such written notice shall make specific
reference to this section. At the public hearing on the issue, the owner may
appear in person and /or by counsel, and the City and the owner may present any
evidence, written or oral, to the Board, which each deems relevant. The Board
will not be bound by formal rules of evidence. The City will be represented by the
City Attorney. The Board may also retain separate legal counsel to represent and
advise the Board, and the City shall pay for such counsel.
SECTION 3
AMENDMENT OF SECTION 6.11
Section 6.11 of the Southlake Comprehensive Zoning Ordinance is hereby amended to
provide as follows:
6.11 AMORTIZATION OF NONCONFORMING USES
a. The Board of Adjustment may from time to time on its own motion, on the
City's motion, or upon cause presented by interested persons, inquire into the
existence, continuation or maintenance of any nonconforming use within the City.
The Board of Adjustment may take specific action to abate, remove, limit or
terminate any nonconforming use or structure under the guidelines established in
this section.
b. The Board of Adjustment may order the immediate termination of a
nonconforming use or structure if the Board determines that the owner's
investment in the nonconforming use or structure has been recouped through
amortization over time.
9
c. Alternatively, if the Board determines that the owner's investment in the
nonconforming use or structure has not been recouped through amortization at
the time of the hearing, the Board of Adjustment may order the termination of a
nonconforming use or structure on such future date by which the Board
determines the owner's investment in the nonconforming use or structure will be
recouped through amortization.
d. In making any determination under this section, the Board of Adjustment
shall first hold a public hearing. The zoning administrator shall provide the owner
of any nonconforming use or structure for which termination or amortization is
sought with at least thirty (30) days prior written notice of the action sought.
Such written notice shall make specific reference to this section.
e. In making any determination under this section, the Board shall consider
the investment of the owner in the non - conforming structure or non - conforming
use, the past and /or anticipated future profitability of the non - conforming
structure or non - conforming use, the desirability for all property to conform to the
regulations of this ordinance, the character of the area surrounding the non-
conforming use or structure, the historic uses of the area surrounding the non-
conforming use or structure, the adverse impacts, if any, of the non - conforming
structure or use on the surrounding property and neighborhood, the diminishment
of value, if any, of the surrounding property and neighborhood due to the
continuance of the non - conforming structure or non - conforming use, the property
rights both of the owner of the non - conforming structure or non - conforming use
and the owners of adjacent and nearby properties, and the public welfare,
including any person or persons affected by the continuation of the non-
conforming structure or non - conforming use.
f. The City will bear the burden of proof and persuasion on the desirability
for all property to conform to the regulations of this ordinance, the character of
the area surrounding the non - conforming use or structure, the historic uses of
the area surrounding the non - conforming use or structure, the adverse impacts,
if any, of the non - conforming structure or use on the surrounding property and
neighborhood, the diminishment of value, if any, of the surrounding property and
neighborhood due to the continuance of the non - conforming structure or non-
conforming use, the property rights of the owners of adjacent and nearby
properties, and the public welfare, including any person or persons affected by
the continuation of the non - conforming structure or non - conforming use. The
owner of the nonconforming structure or use will bear the burden of proof and
persuasion on the owner's property rights, the investment of the owner in the
non - conforming structure or non - conforming use, and the past and /or
anticipated future profitability of the non - conforming structure or non - conforming
use. The decision of the Board of Adjustment shall be final.
10
g. Prior to any hearing before the Board of Adjustment under this section, the
zoning administrator shall provide the owner of any nonconforming use or
structure for which termination or amortization is sought with at least thirty (30)
days prior written notice of the appeal hearing. Such written notice shall make
specific reference to this section. At the public hearing on the issue, the owner
may appear in person and /or by counsel, and the City and the owner may
present any evidence, written or oral, to the Board, which each deems relevant.
The Board will not be bound by formal rules of evidence. The City will be
represented by the City Attorney. The Board may also retain separate legal
counsel to represent and advise the Board, and the City shall pay for such
counsel.
h. No outside storage or display that is not in conformity with this ordinance
shall be allowed.
SECTION 4
AMENDMENT OF SECTION 44.3
Section 44.3, subsections (d), (e) and (f) of the Southlake Comprehensive Zoning
Ordinance is hereby amended to provide in pertinent part as follows:
44.3 POWERS AND DUTIES
The Board of Adjustment shall have all powers and duties granted by this
ordinance and by Sections 211.008- 211.011, Texas Local Government Code,
and shall be governed by same. These powers and duties shall include the
following:
d. Termination or Amortization of Nonconforming Structure or Use -
The Board may order the immediate termination of a nonconforming use or
structure on the terms and subject to the provisions and procedures established
in Section 6.11 of this ordinance.
e. Reconstruction of Nonconforming Use - The Board may permit the
repair or reconstruction and occupancy of a nonconforming structure or a
structure containing a nonconforming use where the structure has been
damaged in excess of fifty percent (50 %) but Tess than the total value, on the
terms and subject to the provisions and procedures established in Section 6.10
of this ordinance.
f. Resumption of Discontinued or Abandoned Nonconforming Use -
Within the limits prescribed in Section 6.9, the Board may review nonconforming
uses which have been abandoned or discontinued to determine whether such
11
uses should be allowed to resume operations on the terms and subject to the
provisions and procedures established in Section 6.10 of this ordinance.
The remainder of Section 44.3 shall remain unchanged.
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
12
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.
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.
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. 1
PASSED AND APPROVED on the 1 reading the It th day of
lI ellembv2' , 20102
,,,II111111I /I,,,
MAY•R
ATTEST: = �\ z
C
b +v.
CITY SECRETARY
PASSED AND APPROVED on the 2n reading the dth day of
Iai4 ,2011. i11
sa��1 ,6
MAYOR
13
1 \11111111,
ATTEST: y
. • f
� •.i, �1
CITY SECRETARY s .,;••.�..�. •• ..•'
APPROVED AS FQ A, LEGALITY:
CITY ATTORNEY
DATE: < .' /
ADOPTED: in1k21 1. COI I
EFFECTIVE: lUQ9 7 OII
14
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
PAY
CITY 0]
Notice is hereby given by the City
Council of 1the City of Southlake,
Texas, that a public hearing will be
held on December 7, 2010, at 5:30
Sales Di
p.m. or immediately following the
Work Session, during the Regular
City Council meeting to be held in
the City Council Chambers of Town
Mlsc Fe(
Hall, 1400 Main Street, Southlake,
Texas. Purpose of the public hearing
is to consider the second reading
of the following ordinance:
ORDINANCE NO.480-BBBB
AN ORDINANCE AMENDING SEC-
TIONS 6.9, 6.10, 6.11, AND 44.3 OF
THE CITY'S COMPREHENSIVE
ZONING ORDINANCE, AS
AMENDED, TO REVISE THE PRO-
VISIONS AND PROCEDURES RE-
GARDING THE DESTRUCTION,
RECONSTRUCTION AND TERMI-
NATION OR AMORTIZATION OF
NONCONFORMING USES AND THE
BOARD OF ADJUSTMENT'S- AU-
THORITY AND RESPONSBILITY
RELATING THERETO PROVIDING
THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES; PROVIDING A SEVER -
ABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS;
THE S1PROVIDING
A SAVINGS CLAUSE;
PROVIDING FOR' PUBLICATION IN
SECTION 10
BeforE
PENALTY FOR VIOLATION
the St;
Any person, firm or corporation who
violates, disobeys, omits, neglects
thatth
or refuses to comply with or who
(817)•
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
SUBS
permitted to exist shall constitute
a separate offense.
City of Southlake
Lori Payne
City Secretary
DEC i p 10
I3580 1 52
Customer ID:
CIT57
Invoice Number:
313156971
Invoice Date:
11/19/2010
Terms:
Net due in 21 days
Due Date:
11/30/2010
PO Number:
PO#21100072
Order Number:
31315697
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
11/19/2010
52 LINE $17.32 $900.44
($821.52)
$10.00
Net Amoun``OF
``���
Cj
i • •'•PIKES••••
%. 31 :12`````eI.
$88.92
d County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
!ment was publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
Signed
ME, THIS Tuesday,
Notary
Thank You For Your Payment
--------------------------------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
313156971
$88.92
PO#21100072