480-OOOO ORDINANCE NO. 480-0000
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; BY ADDING VARIANCE PROVISIONS TO
SECTION 37 — "DT" — DOWNTOWN DISTRICT; 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 37 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the
following subsection:
37.11 VARIANCES
City Council may grant variances to specific regulations set forth in this Section 37. 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) The variance requested is supportive of the purpose and intent of the Downtown
District as set forth in Section 37.1, and compatible with surrounding Town
Square development; or
(d) A variance is necessary to assure compatibility with surrounding developed
properties; or
(e) The proposed construction is an addition to an existing project that does not
meet the requirements of this ordinance.
In order to grant a variance, the City Council must determine that one of the above
conditions has been met; that the variance will not injure and will be wholly compatible
with the use and permitted development of adjacent properties; and that the granting of
the variance will be in harmony with the spirit and purpose of this ordinance.
(As amended by Ordinance No. 480 -0000)
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 4 day of June, 2013.
MA OR
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ATTEST: � •. °''��`
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CITY SECRETARY
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• PASSED AND APPROVED on the 2nd reading the 18th day of Juiiis,e 18 : ° ° \
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CITY SECRETARY,
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APPROVED AS TO FORM AND LEGALITY:
C t A
CITY ATTORNEY
DATE: .'
ADOPTED: I,
EFFECTIVE: . ,/
INVOICE
Star - Telegram Customer ID: CIT57
808 Throcicmorton St. Invoice Number: 326046451
FORT WORTH, TX 76102
(817) 390 -7761 RECEIVED Invoice Date: 6/21/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: JUL 1 5 2013 Due Date: 6/30/2013
PO Number: 21300100
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32604645
STE 440 OFFICE OF CITY SECRETARY Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 6/21/2013
♦e c%tp = I�oc ion Col ' Depth Linage MU Rate
CITY OF SOUTHLAKE, TEXAS
CITY OF SOU AN ORDINANCE O. - 4 OR $2.40 $88.80
DI- 13580 1 37 ! f
NANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
Sales Discount SOU
SOUTHLAKE, TTEXAS; BY RECEIVED ($45.40)
VARIANCE PROVISIONS TO SEC -
Misc Fee TION 37 - "DT" - DOWNTOWN $ 00
DISTRICT; PROVIDING THAT THIS t' y
TTIVE OF ORDINANCE INANCES; PRO- JUL 1 20 3
VIDING.A SEVERABILITY CLAUSE;
PROVIDING VIOLATIONS F HEREOF; PROVIDING CITY OF SOUTHLAKE
A SAVINGS FOR PUBLICATION S I PAMPHLET FINANCE DEPARTMENT Net Amount: $48.40
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
shall be fined not more than Two �d" ;+ r + n''4,
,r.r"• •�e,;� CHRISTY LYNNE HOLLAND
Thousand Dollars ($2,000.00) for ° ns Notary Public. State of Texas
each offense. Each day that a - : z
violation is permitted to exist shall a. �c My Commission Expires
constitute a separate offense. ° �.''FOF <�:r July 31, 2016
Passed and approved this the 18TH " + + ++++..`
THE STATE 0 day of June, 2013 during the regular
County of Tarr ty nti
M cou John cil Terre ll
Attest: Alicia Richardson, City Sec -
Before me, a N retary .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 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323 ,� r
Signed �� S V�l�
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, J e 2 /13.
Notary Public I :4
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: 326046451
Invoice Amount: $48.40
PO Number: 21300100
Amount Enclosed: