Item 4B OrdinanceORDINANCE NO. 480-IIII
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AS IT PERTAINS TO TEMPORARY CONSTRUCTION FACILITIES
AND/OR TEMPORARY SALES FACILITIES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,
the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS,
the City Council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its residents by
amending Ordinance No. 480 as provided herein; and
WHEREAS
, the City Council has given published notice and held public hearings with
respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
Section 34.1(u) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
ACCESSORY USE District Where
Permitted
u. One temporary construction facility and/or one temporary sales
facility by a Developer, including manufactured housing, not to
exceed 3,000 square feet per facility, only during actual ALL
construction for a period not to exceed two (2) years and located
on property being developed. (As amended by Ordinance No. 480-
IIII)
SECTION 2
Section 45.1(46) of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
SPECIFIC USEDISTRICT WHERE
PERMITTED
46. Temporary construction and/or sales facilities when not ALL
permitted as an accessory use in accordance with Section
34, subject to the requirements set forth in Section 45.18 of
this ordinance. (As amended by Ordinance No. 480-IIII)
SECTION 3
Section 45.18 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended to read as follows:
45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND/OR SALES
FACILITIES BY A DEVELOPER (As amended by Ordinance No. 480-IIII)
The City Council may grant a specific use permit to increase the maximum parameters
set forth by Section 34 of this ordinance.
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 5
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two-Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning yard regulations which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 8
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 9
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least 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
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of its provisions, then the City Secretary shall additionally publish this ordinance or its caption
and penalty in the official City newspaper one time within ten days after final passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ______ day of _____, 2012.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of ______, 2012.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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