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480-JJJJ ORDINANCE NO. 480 -JJJJ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO BUILDING COLOR; 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 4.2 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended by adding the following: NONRESIDENTIAL BUILDING — Any building or structure used for non - residential use to include non - conforming uses. (As amended by Ord. No. 480 -JJJJ) NONRESIDENTIAL USE - Any use permitted in the "0-1," "0-2," "C -1," "C -2," "C -3," "C- 4," "B -1," "B -2," "I -1," "1 -2," "HC," "CS," "S -P -1," "S -P -2," "Nonresidential P.U.D.," and uses other than residential uses permitted in the "DT," "TZD," and "EC" zoning districts. (As amended by Ord. No. 480 -JJJJ) SECTION 2 Section 33 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended by adding the following: 33.21 BUILDING COLOR STANDARDS FOR NON - RESIDENTIAL BUILDINGS: a. The use of florescent colors and the use of bright colors on non - residential buildings and structures, service doors, down spouts, utility boxes and panels, and other similar features shall not be permitted. b. Prohibited color range: Pantone Matching System Yellow C — Process Blue C; Yellow 0131 C — Green 0921 C; and, 801 C — 807 C; or any color deemed similar. (As shown in the Appendix) c. Any non - residential building having a pre- existing prohibited color(s) prior to the adoption of this ordinance shall be permitted to maintain that same color or similar. d. Non - residential building colors that are approved as a part of PUD, S -P -1, S- P-2, TZD or EC regulations shall not be subject to these building color standards. i. City Council may grant variances to regulations set forth in Sections 33.21.a and 33.21.b. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. (As amended by Ordinance No. 480 -JJJJ) APPENDIX Pantone Matching Color Sample System Reference Pantone Yellow C APPENDIX CONTINUED Pantone Yellow 012 C Pantone Matching Color Sample Pantone Orange 021 C System Reference Pantone Warm Red C Pantone Violet 0631 C Pantone Red 032 C Pantone Blue 0821 C Pantone Rubine Red C Pantone Green 0921 C Pantone Rhodamme Red C Pantone 801 C Pantone Purple C Pantone 802 C _. Pantone Violet C Pantone Blue 072 C Pantone 803 C Pantone Reflex Blue C Pantone 804 C Pantone Process Blue C Pantone 805 C Pantone Yellow 0131 C Pantone 806 C Pantone Red 0331 C Pantone 807 C Pantone Magenta 0521 C 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 Attachment C APPENDIX Pantone Matching Color Sample System Reference Pantone Yellow C Pantone Yellow 012 C Pantone Orange 021 C 1111- Pantone Warm Red C Pantone Red 032 C Pantone Rubine Red C Pantone Rhodamine Red C Pantone Purple C ., Pantone Violet C Pantone Blue 072 C Pantone Reflex Blue C Pantone Process Blue C Pantone Yellow 0131 C Pantone Red 0331 C Pantone Magenta 0521 C APPENDIX CONTINUED Pantone Matching Color Sample System Reference Pantone Violet 0631 C Pantone Blue 0821 C Pantone Green 0921 C Pantone 801 C .■ Pantone 802 C '. Pantone 803 C Pantone 804 C Pantone 805 C Pantone 806 C Pantone 807 C 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 5 day of March, 2013. / 411L _ L. 4 MAYOR ,,,$IItu,„,,,, ?` ATTEST: tc '•;�� O • a CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 19 day of March, 2013. .. MAYOR ATTEST: �OgTH� $' ,,,\ (�'� -1 • G�J : . CITY SECRETARY =" •••....••• •` APPROVED AS TO FORM AND LEGALITY: * *, ,,, ,, ,, ( 0/ 7 CITY ATTORNEY DATE: -'e-',, ADOPTED: e5 EFFECTIVE: 5 " 0102 '6,0/ INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 324841041 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 3/22/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days RECEIVED Due Date: 3/31/2013 Bill To: CITY OF SOUTHLAKE APR - 3 2013 PO Number: 21300100 1400 MAIN ST Order Number: 32484104 STE 440 CITY OF SOUTHLAKE Sales Rep: 073 FINANCE DEPARTMENT p' SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 3/22/2013 ' " " _� �g CoI Depth Linage �: • I� i CITY OF SOU . Legal Notices I3580 1 6 1 LINE $17.36 $624.92 CITY OF SOUTHKE, TEXAS ORDINANCE N0. LA 480 -JJJJ Sales Discount ` .• A N O R D I N A N C E A M E N D I N G O R D I - c. NANCE N0. 480, AS .AMENDED, ($573.36) THE COMPREHENSIVE ZONING ORDINNCE OF THE CITY O Misc Fee SOUTHLAKE, TEXAS; AS IT P RF $10.00 TAINS TO BUILDING COLOR; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE • ALL ORDINANCES; PROVIDING A SEVERABILITY. CLAUSE; PRO- VIDING VIOLATIONS HEREOF; PROVIDING Net Amount: $61.56 A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- PAPER; AND PROVIDING AN EF- 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 "`' the provisions of this ordinance 45;;Z: , shall be fined not more than Two- �,o ; CHRISTY LYNNE HOLLAND Thousand Dollars ($2,000.00) for : a : � - Notary Public, State of Texas each offense. Each day that a m °. B My Commission Expires violation is permitted to exist shall July 1, 2016 constitute a separate offense. b ' .. ` Y THE STATE OF i . Passed and approved this the 19TH -...ammo . ...a County of Tarran day of March, 2013 during the ` regular City Council meeting. Mayor: John Terrell Before me, a Not . Attest: Alicia Richardson, City Sec Ind State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star- Telegrar' retary , 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 &the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 k _ le k Signed 7MY 1 �'�'��lh LI SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, = rcr,2/2013. e / Notary Public / . i /� r A4 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: 324841041 Invoice Amount: $61.56 PO Number: 21300100 Amount Enclosed: $