480-KKKK 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:
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.
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.
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.
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 4th day of September, 2012.
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CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 18 day of September, 2042'.'"""
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CITY SECRETARY —?
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY °
DATE: 06Je ( t�-
ADOPTED: e v✓ t
EFFECTIVE: / - (21 - 020/,.
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 322866271
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 9/21/2012
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 9/30/2012
Bill To: PO Number: 21200238
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32286627
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn:Attn: ACCOUNTS PAYABLE Publication Date: 9/21/2012
1 Depth Linage 1VIU Rate' Amount
�
CITY OF SOUTHLAKE, TEXAS
CITY OF SO ORDINANCE No. 480 -KKKK I3580 1 3 37 LINE $17.36 $642.14
AN ORDINANCE AMENDING ORDI-
NANCE NO. 480, AS AMENDED'
THE COMPREHENSIVE ZONING
Sales Discount ORDINANCE' OF THE CITY OF ($588.87)
SOUTHLAKE, TEXAS; AS IT PER-
TAINS TO NON- CONFORMING
USES ND STRUCTURES. PRO-
MiSC Fee V DINGATHAT THIS ORDNANCE $10.00
SHALL BE CUMULATIVE OF. ALL
ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVID-
ING FOR A PENALTY FOR VIO
SAVINGS HEREOF; PROVIDING Net Amount: $63.27
FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR 'PUBLI
CATION IN THE OFFiCIAL NEWS-� P ?it
PAPER; AND PROVIDING AN EF- a_ Is
FECTIVE DATE.
Any person, firm or corporation who
violates, disobeys, omits, neglects
or refuses to comply with or who
resists the enforcement of any of i
the provisions of this ordinance onu
shall be fined not more than Two- ,:' " , CHRISTY LYNNE HOLLAND
�
Thousand Dollars ($2,000.00) for '' ` e l Notary Public, State of Texas
each offense. Each day that a was c
violation is permitted to exist shall ! M y Commission Expires
constitute a separate offense. ' t'+�,�
Passed and approved this the 18th auo.O` July 31, 2016
THE STATE C day o ar City Co Septemberuncil , 20meeti12 during the
regul
County of Tarr Mayor: John Terrell n g.
Attest Alicia Richardson, City Sec-
Before me, a l,v reta�yr ,y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
q:D
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Sunday, Sep -mmr '3, 2012. /
A L d
I
Notary Public / .1 . / . i� / / _
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 322866271
Invoice Amount: $63.27
PO Number: 21200238
Amount Enclosed:
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 322368131
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 8/9/2012
Federal Tax ID 26- 2674582 Terms: '
Net due in 21 days
Due Date: 8/31/2012
Bill To: fAUG 2 3 2012 PO Number: 21200238.
CITY OF SOUTHLAICE
1400 MAIN ST Order Number: 32236813
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/9/2012
w PUBLIC HEARING NOTICE
cm/ OF sOUTHLAKE, TEXAS ,,„ ,E ` s : I a a 6.,p1 € s1 €
Notice is hereby given to all inter- - ', _ ' ` a € , €
ested persons that the City of
PUBLI( Southlake, Texas, will consider the )F I3580 1 60 60 LINE $17.30 $1,038.20
following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for the:
Sales Di Planning & Zoning Commission on ($945.60)
Thursday, August 23, 2012, at 6:30 .
p.m. or immediately following the
Misc Fe Planning & Zoning Work Session,
will hold a public hearing and $10.00
consider.
• Ordinance No. 480 -KKKK, an RECEIVED
amendment to the Comprehensive
Zoning Ordinance No. 480, , as
amended, as it pertains to non-
conforming uses and nonconform- Net Amount: $102.60
ing structures.
• Ordinance No. 1045 (CP12 -003), Al G 3 0 2012
Land Use Plan Amendment from
Medium Density Residential to
Public Park/Open Space on property
described as Tracts 213, 2A2, 2A,
3C1, 3C1A and 3D1, L.G. Hall Survey, ��
Abstract No. 686, City of Southlake, OFFICE OF CITY SECRETARY
Tarrant County. Texas and located .�"'�'v :i" •.,
1
at 285, 315 and 379 Shady Oaks } 4 : °' Notary Public, State of Texas CHRISTY LYNNE HOLLAND
Dr., Southlake, Texas. Current ;4.
Zoning: CS - Community Service , `;rr My Commission Expires
District. SPIN #7 f i'' � �' July 31, 2016
City Council on Tuesday, September , # ` I ��'�°i� `�
18, 2012 at 5:30 p.m. or .immedi-
THE S T ately following the City Council
Work Session, will hold a public
COunty , hearing and consider:.
• Ordinance No. 480 -KKKK( an
amendment to the Comprehensive
Before r Zmended as it ceertains 80,np County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star conforming uses and nonconform- telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the _ ing structures. lent was publishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 21 • Ordinance No. 1045 (CP12 -003),
Land Use Plan Amendment from
Medium Density Residential to , �`
Public Park /Open Space on property Si nCd
described as Tracts 2B, 2A2, 2A, 9
3C1, 3C1A and 3D1, L.G. Hall Survey;
SUBSCI Abstract No. 686, City of Southlake, ME, THI Thursday, u . St / ;2
Tarrant C Texas and located y'
at.285, 315 and 379 Shady Oaks / / /
Dr., Southlake, Texas. Current '
Zoning: CS - Community Service Notary Public , `, L L .. - , . .
District. SPIN #k7
All interested persons are urged to
attend.
City of Southlake
Alicia Richardson, TRMC
City Secretary
Thank You ti'or Your Payment
4
.,
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 322368131
Invoice Amount: $102.60
PO Number: 21200238.
Amount Enclosed: $