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.
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PASSED AND APPROVED on the 2nd reading the 5th day of September, 2006.
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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: $57.51
PO Number: NO PO
Amount Enclosed: `$