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480-NNN Ordinance ORDINANCE NO. 480-NNN OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 7, GENERAL DISTRICT REGULATIONS, TO AMEND THE LIST OF ZONING DISTRICTS; AMENDING SECTIONS 11, 13, 14, 29, AND 50, CLARIFYING THE LOT AREA REQUIREMENTS FOR OPEN SPACE LOTS; AMENDING SECTION 33, SUPPLEMENTARY DISTRICT REGULATIONS, TO ADD SIDEWALK REQUIREMENTS FOR COMMERCIAL DEVELOPMENT; AMENDING SECTION 42, BUFFERYARDS, TO ADD THE NEW ZONING DISTRICTS TO THE BUFFERYARD TABLE; AMENDING SECTION 44, BOARD OF ADJUSTMENT, TO AMEND THE SPECIAL EXCEPTION USE TABLE; AND AMENDING SECTION 45, SPECIFIC USE PERMITS, TO AMEND THE SPECIFIC USE PERMITS TABLE; 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 SoutWake, 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 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: I SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 7, "General District Regulations," which shall now read as follows: 7.1 DISTRICTS - In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereinafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Southlake is hereby divided into thirty (30) zoning districts to be known as follows: 1. CS Community Service District or District "CS" 2. AG Agricultural District or District "AG" 3. RE Single Family Residential Estate District or District "RE" 4. SF-IA Single Family Residential District or District "SF-IA" 5. SF-IB Single Family Residential District or District "SF-IB" 6. SF-30 Single Family Residential District or District "SF-30" 7. SF-20A Single Family Residential District or District "SF-20A" 8. SF-20B Single Family Residential District or District "SF-20B" 9. MF-l Two Family Residential District or District "MF-l" 10. MF-2 Multiple Family Residential District or District "MF-2" 11. 0-1 Office District or District "0-1 " 12. 0-2 Office District or District "0-2" 13. C-l Neighborhood Commercial District or District "C-l" 14. C-2 Local Retail Commercial District or District "C-2" 15. C-3 General Commercial District or District "C-3" 16. C-4 Arterial Mall Commercial District or District "C-4" 17. B-1 Business Service Park District or District "B-1 " 18. B-2 Commercial Manufacturing District or District "B-2" 2 19. I-I Light Industrial District or District "I-I" 20. 1-2 Heavy Industrial District or District "1-2" 21. HC Hotel District or District "HC" 22. MH Manufactured Housing District or District "MH" 23. PUD Planned Unit Development District or District "PUD" 24. S-P-l (Detailed) Site Plan District or District "S-P-l" 25. S-P-2 (Generalized) Site Plan District or District "S-P-2" 26. DT Downtown District "DT" 27. TZD Transition Zoning District "TZD" 28. RCS Rural Conservation Subdivision Zoning District "RCS" 29. EC Employment Center Zoning District "EC" 30. SF-2 Single Family Residential District or District "SF-2" The term "more restricted district" means one with fewer permitted uses, and the term "less restricted district" means one with more permitted uses. SECTION 2 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 11, "SF-IA Single-Family Residential District," subsection 11.5 (f) to read as follows: f. Lot Area: The minimum area of a lot shall be forty three thousand five hundred sixty (43,560) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. SECTION 3 Ordinance 480, as amended, the City ofSouthlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 13, "SF-30 Single-Family Residential District," subsection 13.5 (f) to read as follows: 3 f. Lot Area: The minimum area of a lot shall be thirty thousand (30,000) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. SECTION 4 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 14, "SF-20A Single-Family Residential District," subsection 14.5 (f) to read as follows: f. Lot Area: The minimum area of a lot shall be twenty thousand (20,000) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. SECTION 5 Ordinance 480, as amended, the City ofSouthlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 29, "MH - Manufactured Housing District," subsection 29.6 (f) to read as follows: f. Lot Area: The minimum area of a lot shall be twenty thousand (20,000) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. The minimum lot area set forth above shall not apply to any unplatted tract, deeded and filed of record prior to January 1, 2000. Subsequent to the enactment of this ordinance, no property in the MH zoning district may be subdivided or re- subdivided to a lot or tract size less than the smaller of 20,000 square feet or the size of the tract as it existed on January 1,2000, with the exception of deviations authorized below: Deviations from deeded tract boundaries may be authorized by the City Council with plat approval. When preparing a plat for the subdivision or re- subdivision of unplatted tracts in the "MH" - Manufactured Housing district, the subdivider is encouraged to formalize pre-existing tract patterns into lots. In an effort to establish a consistent and cohesive lot pattern, limited deviations from the pre-existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall not result in an increase in the total number of tracts/lots unless authorized by City Council. Any changes from the pre-existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with the characteristics for that particular neighborhood. SECTION 6 Ordinance 480, as amended, the City ofSouthlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 50, "SF-2 Single-Family Residential District," subsection 50.5 (f) to read as follows: 4 f. Lot Area: The minimum area of a lot shall be two (2) acres or eighty seven thousand and one hundred and twenty (87,120) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. SECTION 7 Ordinance 480, as amended, the City ofSouthlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 33, "Supplementary District Regulations," by adding subsection 33.19 to read as follows: 33.19 SIDEWALK REQUIREMENTS - For all development requiring a City Council approved site plan, a five (5)-foot wide concrete sidewalk shall be provided along all public streets unless identified in the city's Pathways Plan in which case Ordinance 483, Section 5.06 shall apply. In addition, all non-residential development shall provide pedestrian access to the City's existing or future trail system as identified in any City Council adopted plan. SECTION 8 Ordinance 480, as amended, the City ofSouthlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 42, "Bufferyards," Table One to read as follows: 5 bb s::: .2 o N aJ ~ ..s::: >. 13 o ttj 00:;9 ~ 00 I ...... o ~ ~.l:l . 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Q. .. ;S B .. ~ ,~ c.. ~ C 0 bl) .. 1;j (.) bl) ,:: '2 2 - '" .. ta .. ,:: .. ;S ",. t) '5 '" '6 bl) ,:: -0 '~ f:! N 5N C'o.. f:!rIl "0"0 ta 8 c- ~B5 :::I . .00 o::J Zo.. * .5 SECTION 9 Ordinance 480, as amended, the City ofSoutWake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 44, "Board of Adjustment," by amending the table under subsection 44.12 to read as follows: SPECIAL EXCEPTION USE 1. Servants or family quarters for domestic servants employed on the premises or family members of the owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross inhabitable square footage of the floor area shall not exceed one thousand (1,000) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 2. Temporary real estate sales office, including manufactured housing, to be located on property being sold for a period of sale exceeding two (2) years. 3. The construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district in which the property lies. 5. In-home day care per state regulations. 6. In-home swimming lessons. 7. Portable buildings not otherwise permitted under this ordinance, subject to the following requirements: (As amended by Ord. 480-J) a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years. * Shall apply only to approved single-family residential uses in the DT zone * Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones 7 District Where Permitted AG, RE, RCS, SF-lA, SF-1B, SF-2, SF-30, DT* CONCEPT PLAN REQUIRED ALL CONCEPT PLAN REQUIRED AG, MF-I, MF-2, SF- lA, SF-lB, SF-30, SF-20A,SF-20B, MR, DT* PLOT PLAN REQUIRED RE, RCS, SF-lA, SF- lB, SF-2, SF-30, SF- 20A, SF-20B, MR, DT*, TZD*, EC* PLOT PLAN REQUIRED RE, RCS, SF-2, SF- lA, SF-lB, SF-30, SF-20A, and SF-20B, MR PLOT PLAN REQUIRED All except RE, SF -1 A, SF-1B, SF-2, SF-30, SF-20A, SF-20B, MR-l, MF-2, MR, PLOT PLAN REQUIRED b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. 8. The erection and maintenance of noncommercial radio and television transmitting and receiving ALL antennas and satellite dishes in excess of maximum height regulations or maximum dish size for PLOT PLAN this district where such structures are related to principal permitted uses occupying the REQUIRED structures to which they are external to, attached, or affIxed. (As amended by Ord. No. 480-J) (As further amended by Ord. No. 480-W.) SECTION 10 Ordinance 480, as amended, the City of SoutWake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 45, "Specific Use Permits," by amending the table under subsection 45.1 to read as follows: SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2, C-l, C-2, C-3, C-4, HC, S-P-I, S-P-2, PUD, DT** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffIc, fIre, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both benefIcial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the benefIcial effects. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 8 c. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480-F.) 3. Public, semi-public and parochiaV private schools, not including correctional institutions or trade schools. 4. Colleges, junior colleges, or other similar institutions of higher learning, whether public or private, when located on a site of at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. 5. Public governmental buildings including community health centers and recreation buildings, libraries, museums, postal stations, and administrative offices of federal or state government. 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. 7. Cemetery Uses. a. Application. An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minimum requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard-surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. ** Shall apply only to non- residential uses and mixed use buildings in the DT District 9 All except B-1, CS, HC, 1-1 and 1-2 All except CS, 1-1 and 1-2 ALL CS, C-l, C-2, DT** CS (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 9l2a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated matters. c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minimum requirements as to location: (1) It shall conform to distance requirements of 9l2a-24, Revised Civil Statutes of Texas, as amended, and such minimum distances shall be measured from the nearest city limit point of any city or cities (other than the City of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking - All parking shall be off-street parking with an all-weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities serving the City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty (30) feet from all side and rear property lines and forty (40) feet from any street line. The total ground floor area of all such buildings and structures shall not cover more than twenty-five (25) percent of the site area devoted to such facilities and activities. 9. Public, semi-public and private golf courses together with related clubhouse, pro-shop and maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right-of-way line. 10. Golf driving range. 11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving ranges, batting cages, carnivals, archery ranges and similar uses). ** Shall apply only to non- residential uses and mixed use buildings in the DT District 10 AG, RE, RCS. SF-lA, SF- 2, SF-lB, SF-30, SF-20A, SF-20B, MR, MF-l and MF-2 AG,I-2 AG, C-3, C-4, 1-1, 1-2 C-3, C4, B-2, 1-1, 1-2, DT** 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector AG, RE, SF-lA, SF-1B, street. SF-30, SF-20A, SF-20B, MF-l and MF-2 13. Studios designed for the practice, education or training in art, dance, music, drama, photo, C-1 or interior design. 14. The location of day nurseries or similar child care activities, if said activity is clearly C-1 designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. Kennels C-3, C-4, B-2, 1-1 16. Veterinary clinics for large animal care, to include such restrictions as the City Council 1-1,1-2 deems necessary for protecting adjacent properties from negative environmental impacts. 17. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or AG,I-2 when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 18. Dude ranches catering to temporary guests housed on the premises. AG 19. Private airfields and aircraft landing area. CS, AG, C-3 20. Helistop. CS, HC, 0-1, 0-2, 1-1, 1-2, B-2 21. Sales and service of new automobiles, trucks, or motorhomes. C-4, 1-1 22. Sales and service of used automobiles, trucks, or motorhomes. 1-1 23. Temporary concrete batching or transient mix plant exceeding 90-day approval plus one ALL 30-day extension. (As amended by Ord. No. 480-J) PLOT PLAN REQUIRED 24. Petroleum Operations. The City Council may grant this use as a specific use permit, 1-2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On-site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off-loading of truck facilities in a non-retail setting. (4) Petroleum blending operations. 11 c. Petroleum operations shall not include oil or gas drilling and production. d. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to, and approved by, the City Council. (As amended by Ordinance No.480- M.) 25. The City Council may authorize the establishment of retail operations in an amount exceeding fifteen (15) percent of the net square footage of anyone office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 26. Residential Lofts and Live/Work units: The City Council may permit the construction of residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft-type apartments or condominium living units on the floor or floors above office and retail-type activities situated on a ground floor. 27. A residential unit(s) for the exclusive use of an employee or employees of the principal use, placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 28. Recreational campsite or campground (As amended by Ord. 480-1.) 29. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480-R) a. Sanitary sewer service must be available to the site; b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two-thirds (2/3) of the minimum spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty-five (45) degrees off parallel to the adjoining thoroughfare. 30. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No. 480-W.) 31. Personal care facilities, are encouraged to be located within walking distance of shopping; ** Shall apply only to non- residential uses and mixed use buildings in the DT District. 12 0-1, 0-2, I-I DT** B-2, I-I AG C-3 SITE PLAN REQUIRED ALL ALL, exceot AG, RE, RCS, areas, medical offices, civic centers, public parks, religious facilities, and other related SF-lA, SF-2, SF-1B, SF- facilities or may be located in transitional areas adjacent to low and medium density 30, SF-20A., SF-20B residential developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480-Y.) 32. Gasoline service station when operated with or without convenience store, car wash, and C-3 other related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance. (As amended by Ordinance No. 480-Z.) 33. Carports for non-residential property, subject to the requirements set forth in Section 45.11 CS, 0-1, B-1, B-2, 1-1, 1-2, of this ordinance. (As amended by Ordinance No. 480-11.) and S-P-l, S-P-2 and PUD districts with CS, 0-1, B-1, B-2, 1-1, and 1-2 uses. SITE PLAN REQUIRED 34. Multi-level parking garages for non-residential property, subject to the requirements set CS, 0-1, 0-2, C-l, C-2, C- forth in Section 45.11 of this ordinance. (As amended by Ordinance No. 480-11.) 3, C-4, HC, B-1, B-2, 1-1, 1-2,S-P-l, S-P-2, DT** and PUD 35. Single-family (attached and detached) residential DT 36. Mass Gathering Event when not permitted as an accessory use in accordance with Section ALL 34, subject to the requirements set forth in Section 45.14 of this ordinance. 37. Funeral Homes and Services. DT** 38. Farmer's markets. DT** CS, Cl, C2, C3, C4, 1-1, 1- 39. Outdoor sales or services, subject to the requirements set forth in Section 45.12 of this 2, B-1, B-2, HC ordinance. CS, Cl, C2, C3, C4, 1-1, 1- 40. Donation bins, subject to the requirements of Section 45.13. 2, B-1, B-2, HC, DT** 41. Tents for the purpose of promoting retail sales for a period not exceeding twenty-three (23) CS, C-l, C-2, C-3, C-4, B- days. Tents shall be constructed in accordance with the provisions of the Uniform Fire Code, 1, B-2, 1-1, 1-2, S-P-1, S-P- Article 32, as amended. A permit may be issued for a tent only as an accessory use. The 2, NR-PUD, DT** activity shall also meet the development regulations of the zoning district in which it is located. No more than two specific use permits for tents for a lot may be issued in anyone year period, with a sixty (60) day separation between events. The location of the tent shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. 42. Gas & oil well drilling and production, subject to the requirements of Section 45.15 1-2 SITE PLAN REQUIRED 43. Accessory buildings located in the front yard. SF-lA, SF-1B andRE PLOT PLAN REQUIRED ** Shall apply only to non- residential uses and mixed use buildings in the DT District. 13 SECTION 11 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 12 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 13 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 14 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; 14 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 15 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 16 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 fifteen (15) 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 days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 15 SECTION 17 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 5th day of September, 2006. ~ ~.::-~ MAYOR ATTEST: \~'p,;'~"~ ""~OUTH ~..'.""" ....... ~ ....it. ......... ~ ..~".'-"'tt: "'4': k ~ .174>-0.... '" \ .... . {{. ~!3( * 'j"'l CITY SECRETARY \. .... l~j ~. .o~ ..#.$ ''''~ ........ ...,' -', *** \.... .f', 111"" "," "~I"~ PASSED AND APPROVED on the 2nd reading the 7th day of November, 2006. ~ ~~ MA YOR ATTEST: APPROVED AS TO FORM AND LEGALITY: lIlt\1 Y;'" '\"~"'.it ..." OU THI ~'" ~ ~ s........~~."'.... 0- .. . .0 v,~~ .. - ::-.0. ~ ... .",. . .... -- · · A" CITY SECRETAR ~ ui * jE~ ': (l~ :C/J= ~ $u. .0-.$ <, , o. .. ~ """ ........ ......... -',.,,** * \,,\.... ,'......."" {kc!J CITY ATTORNEY 16 INVOICE A �.' Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 274443531 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/1/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/06 Bill To: PO Number: NOPO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27444353 STE 440 CITYceOF H- given Rep: 073 Notice is hereby given SOUTHLAKE, TX 76092-7604 by the City f the City of Council of Description:Council tion: CITY OF SOUTHLA Texas, that a public hearing will be held on September 19, 2006, at 5:00 p.m. or Publication Date: 9/1/0 Attn Attn:ACCOUNTS PAYABLE immediately following I p the Work Session. Description Locatiol' cinna the. megularl Linage MU Rate Amount to a held in the City Council Chambers of CITY OF SOUTHLAKE Notice is he I3580 Town Hall,Southlakel 113 LINE $0.81 S91.53 Texas.Purpose of the public hearing is to consider the second reading of the fol- lowing ordinance: ORDINANCE NO. 480-NNN Net Amount: $91.53 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'rHE S, ... a ZONING EHE I- ORDI- NANCE OF THE CITY TEXAS,SOUTHLAKE SECTION 7, GEN- ERAL DISTRICT REGULATIONS, MEND THE LIST OF ZONING DISTRICTS; AMENDING SEC- TIONS 11,13,14 29, ING THE LOT AREA OFFICE 0F Ci1 , �LCRETARY REQUIREMENTS OPNPAC - - LOTS; AMENDING SECTION 33, SUP- PLEMENTARY DIS- r TRICT REGULA L.:;?„,*..._...„...;........., CHRISTY L.HOLLAND TIONS TO ADD , MY COMMISSION EXPIRES SIDEWALK RE- IU 91,2fi08 QUIREMENTS FORry COMMERCIAL DE- •R; V ELOPMENT; ............r..--• THE STATE OF TEXAS AMENDING SEC- TION 4 BUFFER- County of Tarrant NEW SZONING DIS- TRICTS TO THE BUFFERYARD TA- Before me,a Notary Public in and for said County and St( RECTiONAMENDiaa':lly ap eared Lisa Wesselman, Bid and Legal Coordinator for the Star Telegram, published by the Star Telegram, Inc JuSTMENToF TDdrr nt unty,Texas;and w o,after being duly sworn,did depose and say that the attached clipping of an adverti AMEND EXCEPTION' in t above named p er on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM USE TABLE; AND AMENDING SEC- (817) 390-7320 USOE PERMITS I TO AMEND THE SPE- CIFIC USE PERMITS Signed TABLE; THIS PROVIDING THAT NANCE SHALL BE SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, ALL^ULA ORDIINANCE°SF .) PROVIDING A SEV- a"‘.^ ERABILITY CLAUSE; • PROVIDING FOR A Notary Pu PENALTY FOR VIO- LATIONS HEREOF, PROVIDING A SAV- INGS CLAUSE: PROVIDING FOP Thank You For Your Payment PUBLICATION INPROVIDING FORM PUBLICATION IN THE OFFICIAL- NEWSPAPER,- INAEF FECTIVE DATE. SECTION 13. Any person, firm of corporation who vio- Remit To: Star-Telegram Isles,disobeys,omitsZr ID: CIT57 neglects or refuses to comply with or who P.O. BOX 901051 resists the enforce;Name: CITY OF SOUTHLAKE ment of any of the provisions of this or- FORT WORTH,TX 76101-2051 note morehall b fTwo\lumber: 274443531 Thousand Dollars ffene.Edytn A tin t: $91.53ons hat.... a violation Is permitted -- tuute exist a pairatenew.ber: NOPOf - -- City ofty 8outhlake1 Lon Farwell Enclosed: 1$ Ity secretary INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 277083101 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 11/10/06 Federal Tax ID 22-3148254 DEC - 6 ?�!1" �° Terms: Net due in 21 days Due Date: 11/30/06 Bill To: OFFICE OF CITY SECRETARY, _. Po Number: NO Po CITY OF SOUTHLAKE __ 1400 MAIN ST Order Number: 27708310 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 11/10/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 101 101 LINE $0.81 $81.8 I OF CUMULATIVE OF CITY SOUTHLAKE OF ALL ORDINANCES; NANCE PROVIDING A SEV- ORDINANCE NANCE0-NNN ERABILITY CLAUSE; NOAN ORDINANCE PROVIDING FOR A AMENDNG ORDI- PENALTY FOR VIO- AMNNE NO. 480 AS LATIONS HEREOF; Net Amount: $81.81 AMENDED, 'THE IPROVIDINGS LAUSE' COMPREHENSIVE PROVIDING FOR ZONING ORDI- PUBLICATION IN NANCE OF THE CITY PAMPHLET FORM OF SOUTHLAKE PROVIDING FOFI TEXAS• AMENDING PUBLICATION IN SECTION 7 GEN- THE OFFICIAL ERAL DISTRICT NEWSPAPER' AND REGULATIONS TO PROVIDING AN EF- AMEND THE LIST OF FECTIVE DATE. ZONING DISTRICTS; SECTION 13 AMENDING SEC- Any person, firm or TIONS 11,13,14 29, corporation who vio- AND 50_ CLARIFY- lates,disobeys,omits, ING THE LOT AREA neglects or refuses to R E Q U I R E M E N T S i comply with or who FOR OPEN SPACE resists the enforce- LOTS,• AMENDING ment of any of the SECTION 33, SUP- provisions of this or- PLEMENTARY DIS- dinance shall be fined TRICT REGULA- not more than Two TIONS TO ADD Thousand Dollars SIDEWALK RE- ($2,000.00) for each QUIREMENTS FOR offense.Each day that COMMERCIAL DE- a violation is permitted V E L 0 P M E N T; to exist shall consti- AMENDING SEC- lute a separate of- TION 42 BUFFER- Tense. THE STATE OF TEXAS NEW SzONINGD THEI ,PROVED THIS THE Countyof Tarrant TRICTS TO THE 7th DAY OF NO- BUFFERYARD TA- VEMBER, 2006, BLE; AMENDING DURING THE REG- SECTION 44, ULAR CITY COUN- Before me, a Notary Put BOARD 1 OF D-)tMAILOMEETING. Andy iay personally appeared Lisa Wesselman, Bid and Legal Coordinator JUSTfor the Star Telegram, pt AMA END L E P PON"e w ma�ans8 vVo in Tarrant Coun ,Texas;and who, after being duly sworn,did CIABL ,q TES . Lori Farwell, depose and say that the USEAMENDTING AND DT city secretary ( ishedhe named paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGI TIoN 455 SPECIFIC USE PEh MITS, TO \\\11111111/1//// (817) 390-7320 AMEND THE SPE- ��\\\\ A MARIF//�ii, TABLE TPROVIDINGCIFIC USE ��T am y j,G`�P,F% NANCE SHALL BE Signed 6�•.�' ' O� SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday, November 1 2006. % 2 NotaryPublic ` -"-- �.. �'OFTEXPS /' Thank You For Your Payment r//onsi��201011111N,,,,, Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 277083101 Invoice Amount: $81.81 PO Number: NO PO Amount Enclosed: $