Item 4ICITY OF
SOUTH LADE
MEMORANDUM
August 29, 2012
To: Shana Yelverton, City Manager
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Amendment of Zoning Ordinance No. 480 -KKKK
Action
Requested: Consider first reading approval of an amendment to the City of Southlake
Zoning Ordinance 480, as amended, as it pertains to nonconforming uses
and nonconforming structures.
Background
Information: The City Council has requested Staff to bring forward an amendment to
the City of Southlake Zoning Ordinance No. 480, as amended, to address
nonconforming conditions of property which may be created as a result of
the acquisition of real property for the purpose of public improvements.
The amendment proposes adding language to the Zoning Ordinance to
address minimum yard (building setback), lot coverage, impervious
coverage and fencing nonconformities created as a result of real property
acquisition for public improvements such as street and utility projects.
Citizen Input/
Board Review: A public hearing was held by the Planning and Zoning Commission on
August 23, 2012. No comments were received.
Legal Review: The City Attorney has reviewed and provided revisions to the Ordinance.
The revisions are incorporated herein.
P & Z Action: August 23, 2012; Approved (7 -0) subject to any changes recommended
by the City Attorney prior to going before the City Council.
Attachments: Attachment A - Redline- Strikeout of Proposed Ordinance No. 480 -KKKK
Pages 2 -3;
Attachment B — Ordinance No. 480 -KKKK
Pages 4 -9
Page 1
Attachment A
City of Southlake Zoning Ordinance No. 480 -KKKK
Redline - S#rilkesut
Section 6 - Nonconforming Uses
6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR USE
(Amended by Ordinance 480 -6666)
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.
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.
Page 2
4. If a legal nonconforming structure is:
(a) totally destroyed or partially damaged by the elements, fire, other
catastrophe or casualty; and
(b) the nonconformity is completely or partially the result of
noncompliance with minimum yard (building setback), maximum
lot coverage or maximum impervious coverage regulations; and
C) the lot where the structure is or was located was decreased in size
before the destruction or damage as the result of land or right -of-
way acquisition by a public agency having the power of eminent
domain; the building official shall include the area acquired by the
Public agency with the area of the lot when deciding whether the
structure complies with the minimum yard (building setback),
maximum lot coverage and maximum impervious coverage
regulations. This subsection only applies when deciding whether
a property owner is entitled to a building permit after a legal
nonconforming structure is totally destroyed or partially damaged.
Any reconstruction or replacement shall not cause a greater
extent of nonconformance than the pre - existing structure
excluding the area acquired by the public agency. The
reconstruction or replacement shall not be in conflict with the real
estate interest of any public agency and must otherwise conform
to the regulations of this Ordinance. The expansion, enlargement
or intensification of a preexisting nonconforming use or structure
during reconstruction or replacement shall not be allowed under
this subsection and shall be regulated by the provisions of Section
6.
Section 39 — Screening and Fencing
Section 39.8 Fence Maintenance Requirements —
Existing fences removed, damaged or destroyed due to land or right -of -way
acquisition by a public agency with the power of eminent domain, shall be
permitted to be relocated or reconstructed using the same or similar materials
and in the same or similar configuration as existed prior to the land or right -of-
way acquisition such that the fence is not in conflict with the real estate interest of
any public agency and otherwise conforms to the regulations of this Ordinance.
Page 3
Attachment B
ORDINANCE NO. 480 -KKKK
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; AS IT PERTAINS TO NON - CONFORMING USES AND
STRUCTURES; 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:
Page 4
SECTION 1
Section 6.10a of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended by adding the following:
4. If a legal nonconforming structure is:
(a) totally destroyed or partially damaged by the elements, fire, other
catastrophe or casualty; and
(b) the nonconformity is completely or partially the result of
noncompliance with minimum yard (building setback), maximum
lot coverage or maximum impervious coverage regulations; and
(c) the lot where the structure is or was located was decreased in size
before the destruction or damage as the result of land or right -of-
way acquisition by a public agency having the power of eminent
domain; the building official shall include the area acquired by the
public agency with the area of the lot when deciding whether the
structure complies with the minimum yard (building setback),
maximum lot coverage and maximum impervious coverage
regulations. This subsection only applies when deciding whether
a property owner is entitled to a building permit after a legal
nonconforming structure is totally destroyed or partially damaged.
Any reconstruction or replacement shall not cause a greater
extent of nonconformance than the pre- existing structure
excluding the area acquired by the public agency. The
reconstruction or replacement shall not be in conflict with the real
estate interest of any public agency and must otherwise conform
to the regulations of this Ordinance. The expansion, enlargement
or intensification of a preexisting nonconforming use or structure
during reconstruction or replacement shall not be allowed under
this subsection and shall be regulated by the provisions of Section
6.
Page 5
SECTION 2
Section 39.8 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby
amended by adding the following:
j. Existing fences removed, damaged or destroyed due to land or right -of -way
acquisition by a public agency with the power of eminent domain, shall be
permitted to be relocated or reconstructed using the same or similar materials
and in the same or similar configuration as existed prior to the land or right -of-
way acquisition such that the fence is not in conflict with the real estate interest of
any public agency and otherwise conforms to the regulations of this Ordinance.
SECTION 3
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 4
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.
Page 6
SECTION 5
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 6
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 7
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.
Page 7
SECTION 8
The City Secretary of the City of Southlake is hereby directed to post the proposed
ordinance in its entirety on the City website 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 of its provisions, then the City Secretary shall additionally publish this ordinance 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
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
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2012.
MAYOR
ATTEST:
CITY SECRETARY
Page 8
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Page 9