480-MMMM ORDINANCE NO. 480-MMMM
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY ADDING VARIANCE PROVISIONS TO
SECTION 45 — SPECIFIC USE PERMITS; 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 45.5 of the Zoning Ordinance No. 480, as amended, is hereby
amended by adding the following subsection:
i. City Council may grant variances to specific regulations
associated with a specific use set forth in Sections 45. 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 -MMMM)
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hereby repealed.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 19th day of March, 2013.
MAYOR
T HLq
ATTEST: G o v .•...•.�cc �.,;
CITY SECRETARY �, , •., • ® =
PASSED AND APPROVED on the 2nd reading the 2 day of April, 2e13at4°'
MAYOR
` °°
�`
ATTEST: `' ovT...��'�
()IA 44/
• r
E.
CITY SECRETARY O a.
*t,,./ \\
's ° ^iB " d! esB \
APPROVED AS TO FORM AND LEGALITY:
(. 626
CITY ATTORNEY -)/;//4,7
DATE: 4 -(/j ' / a'
ADOPTED: 4" - •20 /5
EFFECTIVE: !' -- tr20
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 325078511 .
FORT WORTH, TX 76102
(817) 390 -7761 RECEIVED Invoice Date: 4/6/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To:
APR 1 8 2013 Due Date: 4/30/2013
CITY OF SOUTHLAKE CITY OF 501 - !,_ . E PO Number: 21300100
1400 MAIN ST FINANCE E EPA ;, '''1T Order Number: 32507851
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/6/2013
,° rr 0 7 Location Col Depth Linage MU Rate Amount
CITY OF SOi F Legal Notices
I3580 1 37 37 LINE $17.36 $642.14
CITY OF. SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -MMMM
Sales Discount AN ORDINAE AMENDING DDI, ($588.87)
NANCE N 480, AS AMENDED,
THE COMPREHENSIVE ZONING '
ORDINANCE OF THE CITY OF I
Misc Fee SOUTHLAKE, TEXAS; BY ADDING ' $10.00
VARIANCE PROVISIONS TO SEC- 1
TION 45 - SPECIFIC USE PERMITS;
PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE '
O ALL ORDINANCES; PROVIDING
WDSN FOR A FOR FOR j Net Amount: $63.27
VIOLATIONS HEREOF; PROVIDING
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, diobeys, omits, neglects
or refuses to comply with or who
resists the enforcement of any of 1tO CHRISTY LYNNE HOLLAND
the provisions of this ordinance
j shall be fined not more than Two - ; c = Notary Public, State of Texas
Thousand Dollars ($2,000.00) for <_ My Commission Expires
each offense. Each day that a :, SF July 31, 2016
THE STATE 01 violation is permitted to 8 Passed exist shall 'Y ,,, � y`
County of Tarr cons a separate offense
and approved this the 2ND
day of April, 2013 during the regular
Before me, a N � nti
Mayor city Cou John cil Terre ll y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- Telegri Attest: Alicia Richardson, City Sec ,m, Inc. at Fort Worth, in Tarrant County, Texas: and who, after being duly sworn, did depose and say
that the attachd: retYYI a on mesas publishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215-2323 ��
• Signed + ._
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, • .ril `2013.
Notary Public /', // ../ �`
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: 325078511
Invoice Amount: ' $63.27
PO Number: 21300100
Amount Enclosed: $
INVOICE
Star - Telegram Customer ID: CIT57
808 Throcicmorton St. Invoice Number: 324557121 i
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 2/25/2013 !
Federal Tax ID 26- 2674582 Terms: Net due in 21 days j
Due Date: 2/28/2013
Bill To: PO Number: NO PO 1
CITY OF SOUTHLAKE ,
1400 MAIN ST Order Number: 32455712 I
STE 440 MAR - 5 2013 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING
i '
Attu: Attu: ACCOUNTS PAYABLE Publication Date: 2/25/2013
P IS .: • s „ „.. £ @ 8 �. - '„ n...:. , 'Avit a L , £ 3 t . £ • �i 1
.s ��'°�T>:,:z�:i�., �,za ..�.. -. . .m: ='::,, .. ;. ��.: : ::. .�s;h:.� nom.
Legal Notices i j”
PUBLI .+ ' OF I3580 1 28 ) 28 LINE $17.40 $487.16
PUBLIC HEARING NOTICE
CITY OF SOUTHLAKE, TEXAS
Sales I Nested is givll inter- ($449.28)
persons hereby that en the to a City of
Southiake, Texas, will consider the
following items in the Council $10 00
MiSC F Ch of Town il, Mn
St t, Southiake, Ha Texas 1400 for ai a
Public Hearing i; to. be held by:
The Planning & Zoning Commission 1
on Thursday, March 7, 2013, at 6:30 I
p.m. or immediately following the
Planning & Zoning Work Session Net Amount: $47.88
and by the City Council on Tuesday,
April 2, 2013, at 5:30 p.m. or
immediately following the City
Council Work Session to consider:
• Ordinance No. 480 -MMMM, an ` •
amendment to the Comprehensive .
Zoning Ordinance No. 480 adding
variance provisions to Section 45
Specific Use Permits. . ._ r
All interested persons are urged to i
attend. ; 14FI/'7. CHRISTY LYNNE HOLLAND
City of Southiake a =° ` N o t ary P ublic, State of Texas
' .
Alicia Richardson, TRMC ,
City Secretary . My Commission Expires ' +
o,, July 31, 2016
THE STATE OF TEXAS
County of Tarrant : -
Before me, a Notary Public in and for said County 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 published ' the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed !
i ! !
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, F :.ru, ry '6, 2013. j
/I L� 4 ,44 ,.„,/ PA % / r • I
Notary Public
Thank You For Your Payment
.
Remit To: Star - Telegram Customer ID: CIT57 I
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 324557121 I
Invoice Amount: $47.88
PO Number: NO PO
Amount Enclosed: