Item 6HCITY OF
SOUTHLAKE
MEMORANDUM
February 13, 2013
To: Shana Yelverton
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Ordinance No. 480-LLLL, Amending the Comprehensive Zoning
Ordinance of the City of Southlake
Action
Requested: City Staff is requesting that City Council conduct a public hearing and
consider 2nd reading approval of an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, removing references to fire
hazard regulations within the Zoning Ordinance for the purpose of
eliminating conflicts with the City's adopted Fire and Building Codes.
Background
Information: The City Staff has recognized a need to bring forward an amendment to
the City of Southlake Zoning Ordinance No. 480, as amended, to address
removal of references to fire hazard regulations within the Zoning
Ordinance in order to eliminate conflicts with the City's adopted Fire and
Building Codes. These regulations need to be addressed under the City's
adopted Fire and Building Codes and not the Zoning Ordinance. The City
Fire Department and Building Inspections Departments are in agreement
with the amendment.
Citizen Input/
Board Review: A public hearing was held by the Planning and Zoning Commission on
January 17, 2013.
Legal Review: This item is under review by the City Attorney.
P & Z Action: January 17, 2013; Approved (6-0).
City Council
Action: February 5, 2013; Approved 1s' reading (7-0).
Staff Comments: The statement below is proposed to be deleted from the following
subsections:
Sections 24.10g. - "B-1" Business Service Park District, 26.8g —1-1" Light
Industrial District and Section 27.8g - Heavy Industrial District are to be
deleted and renumbered/lettered accordingly:
Fire Hazards: The storage, utilization or manufacture of solid
materials or products ranging from incombustible to moderately
combustible is permitted in accordance with applicable City codes
and ordinances. The storage, utilization or manufacture of solid
materials or products ranging from free or active burning to
intense burning is permitted in accordance with applicable City
codes and ordinances provided the following condition is met:
Said materials or products shall be stored, utilized or
manufactured within complete enclosed buildings having
incombustible exterior walls and protected throughout by an
automatic fire extinguishing system.
The storage, utilization or manufacture of flammable liquids or
gases which produce flammable or explosive vapors, shall be
permitted in accordance with (exclusive of storage of finished
products in original sealed containers) the City's fire code as
interpreted by the City Fire Marshal.
Proposed Ordinance No. 480-LLLL, amendment to the Comprehensive
Zoning Ordinance of City of Southlake is attached.
ORDINANCE NO. 480-LLLL
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY REMOVING REGULATIONS PERTAINING
TO FIRE HAZARDS FOR THE PURPOSE OF ELIMINATING
CONLICTS WITH ADOPTED FIRE AND BUILDING CODES;
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
Sections 24.10g. of the "B-1" Business Service Park District, 26.8g of the
"I-1" Light Industrial District and 27.8g of the Heavy Industrial District
containing the regulation below are hereby deleted and the corresponding
subsection consecutively re -numbered and/or re -lettered:
Fire Hazards: The storage, utilization or manufacture of solid
materials or products ranging from incombustible to moderately
combustible is permitted in accordance with applicable City codes
and ordinances. The storage, utilization or manufacture of solid
materials or products ranging from free or active burning to
intense burning is permitted in accordance with applicable City
codes and ordinances provided the following condition is met:
Said materials or products shall be stored, utilized or
manufactured within complete enclosed buildings having
incombustible exterior walls and protected throughout by an
automatic fire extinguishing system.
The storage, utilization or manufacture of flammable liquids or
gases which produce flammable or explosive vapors, shall be
permitted in accordance with (exclusive of storage of finished
products in original sealed containers) the City's fire code as
interpreted by the City Fire Marshal.
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 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 5th day of February, 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE: