Loading...
480-JJJ ORDINANCE NO. 480-JJJ OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 33, SUBSECTION 33.14, TO CLARIFY THE METHOD OF CALCULATING THE MINIMUM AREA REQUIRED FOR USE OF A SEPTIC TANK; PROVIDING THAT TillS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the safe and sanitary use of septic tanks reqUITes a mrmmum area uninterrupted by drainage easements or similar features; and WHEREAS, the Planning and Zoning commission and City Council have given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 33, "Supplementary District Regulations," subsection 33.14, which shall read as follows: 33.14 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on-premise septic tank and subsurface drainage field designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on-premise septic tank and subsurface drainage field is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. The minimum usable area requirement of one (1) acre per lot shall exclude all areas of the lot: a. In any flood plains as identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); b. In any drainage and flowage easements; and c. Having topographical limitations as regulated under the standards for on-site sewage facilities in the Texas Administrative Code Chapter 285. All lots to be served by a private or septic system must have that system installed in accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of any building or structure shall be prohibited and no certificate of occupancy issued unless the provisions of this subsection and of subsection 33.13 are fully complied with. (As <:I1Ilended by Ordinance No. 480-C.) SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect 2 any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fmed not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City ofSouthlake 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 3 public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fme or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City ofSouthlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 15th day of August, 2006. ~~ ~ MAYOR- ATTEST: Io.v - tJ ~ "..."'...... CITY SECRET AR ",""";~~!.'!.~;;'"" ~o!< ..- .~. ~ ...A~ !;:.../ * \~~ :1-: . - :)>= ;0\ :",E -:. -1(f : S ~ -..0 ......:~ " ........ ...' 'fl' " "'" **. \\""" """11'''''' 4 PASSED AND APPROVED on the 2nd reading the 5th day of September, 2006. ~~~ =-- ",,,....,,,,, ",,"'ou THt.,q"'", '''''~i ~ ,,4f...a.. Jf-~ '" ~ ~ ." .. ",' , ATTEST: f~O/ *" \~\ - '~, . \" - :1-:' .~: Iou --. . · M . . M . M .... \ :ens ';, ~\'7l. .,l" I () ~. ........... .' , , CITY SECRETARY ""'" *** """" ""1111" APPROVED AS TO FORM AND LEGALITY: 5 INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 273840581 FORT WORTH,TX 76102 R E L.E i 'V L 3 (817)390 7761 Invoice Date: 8/18/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days AUG 2 9 2006 Due Date: 8/31/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 27384058 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 8/18/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 83 83 LINE $0.81 $67.23 CI f u n"KE Notice is hereby given by the City Council of Net Amount: $67.23 the City of Southlake, Texas, that a public hearing will be held on September 5, 2006, at 5:00 p.m. or immediately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the public hearing is to consider the second reading of the fol- IowiIORDNANCE NO. 480-JJJ -..E AN ORDINANCE ,,. AMENDING ORDI- '�'•J,g: CHRISTY L.HOLLAND NANCE NO. 480 AS ; ;1�'' AMENDED, 'THE a MY COMMISSION EXPIRES . COMPREHENSIVE - Iy ZONING ORDI- s�^;•., ,.v= JU 31,2008 NANCE OF THE CITY • '•:f„q;,.• OF SOUTHLAKE 1„ +�%— THE STATE OF TEXAS SECTIIONA 33 N TO County Of Tarrant SUB- SECTION 33.14, CLARIFYTHE OF CAL- CULATING THE MINIMUM AREA Before me,a Notary Pu REQUIR D, sEP°c?unty and State,thi ay personally appeared Lisa Wesselman, Bid and Legal Coordinator TH for the Star-Telegram, p APR IDING-T' V elegram, Inc of F orth, in Tarrant C nty,Texas;and who,after being duly sworn,did depose and say that th UULVELLfCMATI o Df an adve ' eme t as published in above named paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEG ALL ORDINANCES; PROVIDING A SEV- (817) 390-7320 ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO-; LATIONS HEREOF; PROVIDING A SAV- Signed INGS CLAUSE_; PROVIDING FOR PUBLICATION IN SUBSCRIBED AND SWORI PAMPHLET FORM- Tuesday,August 22,, PROVIDING FOR PUBLICATION IN THE OFFICIAL PROVIDINGRANA Notary Public EF- FECTIVE DATE. SECTION 4 Any person, firm or Thank You For Yo1 later,disobeys omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars Remit To: offense.n00.00) for each Star-Tell violtiEach rmithat Customer ID: CIT57 a violation is permitted P.O. BOI tutexat separate of- Customer Name: CITY OF SOUTHLAKE fense. utke FORT VI Con sry 101-2051 Invoice Number: 273840581 Invoice Amount: $67.23 PO Number: NO PO Amount Enclosed: �I$ � ���_______ ___� c INVOICE :, Star-Telegram RECEIVED Customer ID: CIT57 400 W.7TH STREET Invoice Number: 274681841 FORT WORTH,TX 76102 (817)390-7761 S E P 2 6 2006 Invoice Date: 9/8/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days OFFICE OF CITY SECRETARY Due Date: 9/30/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27468184 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABE: Publication Date: 9/8/06 L Description Location Col Depth Linage MU Rate Amount CITY OF SOU iHLAKE ORDINANCE NO 13580 1 71 71 LINE $0.8 1 $57.51 CITY OF SOUTHLAKE ORDINANCE NO. NO. AN 4O�R�DINANC�E Net Amount: $57.51 NANCEINO.48 ORDI- NANCE AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; AMENDING SECTION 33, SUB- SECTION 33.14, TO CLARIFY THE METHOD OF CAL- CULATING THE MINIMUM AREA REQUIRED FOR USE OF A SEPTIC TANK; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; ,,,,,.,...e .,. - ,,,—,,._ ,,, PROVIDING A SEV- ``---, ERABILITY CLAUSE; , ....,p.... PROVIDING FOR A !I r:°•' v CHRISTY L.HOLLAr'0 PENALTY FOR VIO- L,i ,: LATIONS HEREOF; MY COMMISSION EXPIRES PROVIDING A SAV- INGS CLAUSE '`{;;•,'.1t7 Y THE STATE OF TEXAS PROVIDING FIN __ , _Z. PUBLICATION IN k:� PAMPHLET FORM; County of Tarrant PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER' AND Before me, a Notary Public PROVIDING AN EF- ty and State,t 's day personally appeared Lisa Wesselman, Bid and Legal Coordinator FECTIVE DATE. for the Star-Telegram, publ Any pECTIO,Nfir.4 or gram, Inc. •t F i Worth, in Tarran County,Texas;and who, after being duly sworn,did depose and say that the c whomits, In adverti•-me t as pu•lished i he above named paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRA neglts or refuses to comply with or who (817) 390-7320 resists the enforce- ment of any of the I provisions of this or- dinance shall be fined not more than Two gned 4 Thousand Dollars ($2,000.00) for each . SUBSCRIBED AND SWORN I a ueiaii'oEnes Pe m n d 'day,September •I. to exist shall consti- tute a separate of- PASSED AND AP-lotary Public ...../ -a-Air el 1 / ,� PROVED THIS THE 5th DAY OF SEP- TEMBER, 2006, Thank You For Youi DURING THE REG- ILLAMEETINGCOUN- MAYOR: Andy Wamb_tganss ATTEST: Lori Farwell, City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 274681841 Invoice Amount: $57.51 PO Number: NO PO Amount Enclosed: `$