480-AORDINANCE NO. 480 -A
AN ORDINANCE AMENDING ORDINANCE NO. 480, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLARE,
TEXAS, BY AMENDING SECTION 45, "SPECIFIC USE PERMITS" TO
PROVIDE FOR THE USE AND LOCATION OF PORTABLE BUILDINGS;
PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; 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 of Southlake has heretofore adopted
Ordinance No. 480 as the Zoning Ordinance for the City; and
WHEREAS, the City Council of the City of Southlake now deems
it necessary to amend 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 SOUTHLARE, TEXAS:
SECTION 1
That Section 4, "Definitions" of Ordinance No. 480 is hereby
amended by adding the following definition thereto:
" PORTABLE BUILDING - A building which is preassembled
off -site and designed to be moved from site to site."
\slake \ord.23 '1'
SECTION 2
That Section 45.1 of Ordinance No. 480 is hereby amended by
adding the following specific use to the list of specific uses
permitted therein:
USE
DISTRICTS WHERE PERMITTED
4.
Portable Buildings
not otherwise permitted
under this ordinance
SECTION 3
All except RE, SF -1A,
SF -1B, SF -30, SF -20A,
SF -20B, MF -1, MF -2, and MH
That Section 45, "Specific Use Permits" of Ordinance No. 480
is hereby amended by adding a new Section 45.7 to read as follows:
11 45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS
Portable buildings approved as a specific use shall
be subject to the following requirements:
(a) Approval of a portable building shall be
on a temporary basis only. Any permit granted
hereunder shall be for a maximum period of three
(3) years subject to renewal for additional one (1)
year periods.
(b) All portable buildings shall be
constructed in accordance with the appropriate state
or federal code which regulates their construction
or shall meet all requirements of the City's
building codes.
(c) Portable buildings shall be placed upon
a permanent foundation and shall have a masonry
facade meeting the requirements of the City's
Masonry Ordinance. In addition, hard surfaced
parking shall be provided for portable buildings.
The City Council may waive these requirements where
it determines that due to the location of the
portable building on the premises or due to other
unique circumstances, said requirements are not
necessary to protect the health, safety and welfare
of the public and that they would impose an
unnecessary hardship on the applicant.
\slake \ord.23 -2-
(d) Portable buildings shall be maintained in
a neat and presentable condition at all times. Upon
expiration of the specific use permit, the portable
building shall be immediately removed and the
premises shall be restored to their previous
condition. The City Council may, in its discretion,
require the applicant to post a bond in a reasonable
amount to assure that removal, clean -up and
restoration are accomplished as required herein.
(e) The site plan for the portable building
submitted in accordance with Section 45.2 above,
shall contain a narrative explanation describing
the applicant's plans to transition the portable
building to a permanent structure.
SECTION 4
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 5
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.
\slake \ord.23 -3-
SECTION 6
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 7
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 or any other ordinances affecting portable buildings 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 8
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 9
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
\slake \ord.23 -4-
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 days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 10
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 FIRST READING ON THIS DAY OF
1990.
L
OR
AT ST:
4xj'a X vjz';I'tx `
OITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1990.
'fF ,' YOR
AT ST:
ITY SECRETARY
a
\slake \ord.23 -5-
�• �
c a
r;
:CA
OR
AT ST:
4xj'a X vjz';I'tx `
OITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1990.
'fF ,' YOR
AT ST:
ITY SECRETARY
a
\slake \ord.23 -5-
APPROVED AS TO FORM AND J LEGALITY:
City Attorney
Date • 'L�'
U'
ADOPTED'.
EFFECTIVE:
\slake \ord.23 -6-
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in an for said County and State , this day
personally appeared Donau L e.t.4- Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT
MAY 20 6519914 CL • 358 IX54 L 54 . 60 32 . 4n
may 20
NOTICE OF
PUBLIC HEARING
NOTICE Is hereby given to all
interested persons that the City _.._....._. ._,Council of the City of Southlake,
Texas,will be holding a public
hearing during the regular city
council meeting to be held on .__.._.._.__.._.____._.__._____....____._.-_
June 5,1990 at 7:30 p.m.in the
City Council Chambers of City 1
Hoalu th 1,667 lake,NorthTexas Ca.rrol l Avenue,
S
PurposeofThehearinglsTocon-
sider the followingordinanceln
second reading:
ORDINANCE NO.480-A
AN ORDINANCE
AMENDING ORDI-
NANCE NO.480,THE
COMPREHENSIVE D D- �'
'UBS;CRIBED AND SWORN T(� OFTHECITYOFSOUTH THIS THE o:02 � DAY OF m/4c/ , 1 qq6
AMENDINGxSECTION NOTARY PUBLIC
45,"SPECIFIC USE PER- ... Lr-G C-
MITS" TO PROVIDE
CATION OFPORTAAs E TARRANT COJNTY, TEXAS
BUILDINGS. PROVID-
ING
THAT PHIS ORDI-
NANCE SHALL BE CU- O 11 AFFIDAVITS
MUTIVE OF ALL SUE A. RUSSELL
INLAG'A SEVEIT2ABIILI Y ,MISSION EXPIRES
PENALTYCLAUS FOR VI
OLA-PROVIDING
CTOBER 27, 1993
TIONS HEREOF- PRO-
VIDING A SAVINGS
CLAUSE PROVIDING
FOR PUBLICATION IN
PAMPHLET FORM;
PROVIDING FOR EN-
GROSSMENT TEAR ALONG THIS F ROLLMENT PROVID- URN THE LOWER PORTION WITH YOUR PAYMENT
ING FOR PUBLICATION —
IN THE OFFICIAL
NEWSPAPER; AND
i PROVIDINGANEFFEC-
TIVE DATE. REMIT TO : 400 W .• SEVENTH , FW, TX 76102
'City of$outhouthlake
Sandra L.LeGrand
Fort Worthi. r.1eie gram
J ACCOUNT C I T 5 7 AMOUNT 32 . 40
651,9914 NUMBER bUE
r
1
:; Alm'",., PAGE 1F I
CITY OF SOUTHLAKE ORIGINA ...
667 N CARROLL PLEASE PAY 32 . 40
SOUTHLAKE TX 76092 0 THIS AMOUNT ►
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
'"'IE STATE OF TEXAS
aunty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared Do1...)A LATTA Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
INCHAJNE RATE AMOUNT
JUN 06! 633182 _L • 358 ORDINANCE NO.480-A J']Q L 79 • R8 30 . 02
AN ORDINANCE
Une 8 AMENDING ORDI-
NANCE NO.480,THE
COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF SOUTH-
LAKE, TEXAS BY
AMENDING SECTION
45,"SPECIFIC USE PER-
MITS" TO PROVIDE
FOR THE USE AND LO-
CATION OF PORTABLE
BUILDINGS; PROVID-
• - ING FOR DEFINITIONS;
PROVIDING THAT THIS
CUMULATIVE OF ALL
ORDINANCES;PROVID-
ING A SEVERABILITY
_ CLAUSE;PROVIDING A
PENALTY FOR VIOLA- -.__.._.__.
VIDING A SAVINGS
CLAUSE;
UBSCRIBED AND SWORN TO FORPug ET PROVIDING oRM ' IS ���
TIONS HEREOF; THEPRO-
DA" OF., G! � l`!9O
PROVIDING FOR EN- NOTARY PUBLIC GROSSMENT AND EN- ,�
{ ROLLMENTL PROVID-
ING FOR PUBLICATION .+"` .� ( ... (
IN THE OFFICIAL
�FT�1,�,� SUE A. RUSSELL
PROVIDNGAN;EFFEC "fc T RRANT COUNTY , TEXAS
TIVE DATE. �f M COMMISSION EXPIRES
SECTION 6 QCTOBER" 'l 27, 19�1 AFFIDAVITS
Any person,firm or corpora-
tlonwhoviolates,disobeys,om-
its,neglects or refuses to com-
ply with or who resists the
enforcementof anyof theprovl-
sions of this ordinance shall be
fined not more than Two Thou-
sand Dollars ($2,000.001 for
each offense.Each day that a vi-
olation Is permitted to exist
shall constitute a separate
*i TEAR ALONG THIS offense. RN THE LOWER PORTION WITH YOUR PAYMENT —
SECTION 7 _
All rights and remedies of the
City of Southlake areexpressly
saved as to any and all viola-
nIanceNo.40oranyotherordi= REMIT TO : 400 W • SEVENTH , FW, TX 76102
nances affecting portable
buildings which have accrued - ----
pi
at the Time of the effective date yy�(y,.vy�(y�y �(,y�y�,y.�. xY y�/
of Thls ordinance; and, as to fZGM T 1 L:: R.O��`tf!)7(^JIVT.IRX OIMTI^VP(?hfYPIXI�LIFFI'tin76197
such accrued violations and all ��
pending litigation, both civil
and criminal,whether pending
6531824 In court or not,under such ordi- ACCOUNT CIT57 AMOUNT 30 . 02
nances, same shall not be af- NUMBER DUE
fected by this ordinance but
may be prosecuted until final
disposition by the courts.
PASSED AND APPROVED
THIS THE 5th dayof June,1990.
Gary Fickes
Mayor of Southlake
ATTEST:
Sandra L.LeGrand
City Secretary
Approved as to Form:
E.Allen Taylor Jr.
City Attorney
CITY OF SOUTHLAKE ORIGINA
667 N CARROLL PLEASE PAY 30 . 02
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED