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480-CORDINANCE NO. 480 -C AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY REVISING THE MAXIMUM LOT COVERAGE IN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS; BY DELETING SPECIAL EXCEPTION POWERS OF THE BOARD OF ADJUSTMENT; BY ADDING USES IN ALL ZONING DISTRICTS AS SPECIFIC USE PERMITS; BY AMENDING SITE PLAN AND CONCEPT PLAN REQUIREMENTS IN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS; BY REVISING THE PERMITTED USES IN THE C -1, C -2, B -1 AND B -2 ZONING DISTRICTS; BY REVISING THE FLOOR AREA AND OTHER DEVELOPMENT REQUIREMENTS IN THE C -1, C -4 AND I -1 ZONING DISTRICTS; BY REVISING THE REGULATIONS IN THE S -P -1 AND S -P -2 ZONING DISTRICTS; BY REVISING PARKING REQUIREMENTS; BY REVISING SUPPLEMENTARY DISTRICT REGULATIONS REGARDING VISIBILITY, SEWAGE DISPOSAL AND OTHER REQUIREMENTS; BY REVISING REGULATIONS AFFECTING SWIMMING POOLS; 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 amended, 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 amended, 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: slake \480- c.ord(4291) -1- SECTION 1 That Section 4, Definitions, of Ordinance No. 480, as amended, is hereby amended by revising or adding the following definitions to read as follows: " KENNEL Any lot or premises on which (4) or more dogs, cats, or other domestic animals at least (4) months of age are housed or accepted for boarding, trimming, grooming, and /or bathing for which remuneration is received. LOT MEASUREMENTS * • r C. Width of a lot shall mean the distance between the side property lines measured at the front building line. REVERSED FRONTAGE - Reversed frontage is a lot which has setback lines on both streets equal to the front setback line as required by the Zoning Ordinance unless such lots align back -to -back which would allow both lots to show a side yard setback along the side street. SPECIFIC USE PERMIT - A permit recommended by the Planning and Zoning Commission and authorized by the City Council for the use of land or structures in accordance to the provisions in Section 45." SECTION 2 That Section 6, Nonconforming Uses, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 6.8 thereof to read as follows: "6.8 SPECIAL EXCEPTION USES /SPECIFIC USE PERMITS: NOT NONCONFORMING USES - Any use for which a specific use permit is granted pursuant to this ordinance shall not be deemed a nonconforming use, but shall, without further action be deemed a conforming use in such district only for the single property granted such special exception or specific use permit. Any special exception or specific use permit heretofore granted by the Board of Adjustment or City Council which was lawfully existing at the effective date of this ordinance shall be considered a nonconforming use and shall be subject to all slake \480 -c.ord(4291) -2- terms of this ordinance relating to nonconforming uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular use. Any special exception or specific use permit which has expired or which is not in compliance with the conditions placed upon such use shall not be permitted to continue." SECTION 3 That Section 8, "CS" Community Service District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 8.4 thereof to read as follows: 11 8.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 4 That Section 9, "AG" Agricultural District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 9.4 thereof to read as follows: 11 9.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." slake \480- c.ord(4291) -3- SECTION 5 That Section 10, "RE" Single Family Residential Estate District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 10.4 thereof to read as follows: "10.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 6 That Section 11, "SF -lA" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 11.4 thereof to read as follows: "11.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." That Section 13, "SF -30" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 13.4 thereof to read as follows: "13.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and slake \480- c.ord(4291) '4- complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 8 That Section 14, "SF -20A" Single Family Residential District, of ordinance No. 480, as amended, is hereby amended by revising Subsection 14.4 thereof to read as follows: "14.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 9 That Section 16, 'IMF-1 Two Family Residential District, of ordinance No. 480, as amended, is hereby amended by revising Subsection 16.4 thereof to read as follows: "16.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." slake \480 -c.ord(4291) -5- SECTION 10 That Section 17, 'IMF-2 Multiple Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 17.4 thereof to read as follows: "17.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 11 That Section 18, 11 0 - 1 " Office District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 18.4 thereof to read as follows: 11 18.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 12 That Section 20, "C -1" Neighborhood Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 20.4 thereof to read as follows: "20.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and stake \480 -c.ord(4291) -6- complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 13 That Section 21, "C -2" Local Retail Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 21.4 thereof to read as follows: "21.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 14 That Section 22, 11 C -3" General Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 22.4 thereof to read as follows: "22.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." slake \480- c.ord(4291) -7- SECTION 15 That Section 23, 11 C -4" Arterial Mall Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 23.4 thereof to read as follows: "23.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 16 That Section 24, "B -1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 24.4 thereof to read as follows: "24.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 17 That Section 25, "B -2" Commercial Manufacturing District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 25.4 thereof to read as follows: "25.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and slake \480- c.ord(4291) -8- complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 18 That Section 26, 11 I - 1 " Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 26.4 thereof to read as follows: "26.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 19 That Section 27, "I -2" Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 27.4 thereof to read as follows: "27.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. When the City Council grants a specific use permit for petroleum operations in the I -2 district, such use is further conditioned by the following provisions: slake \480- c.ord(4291) -9- (a) Development Regulations - The development regulations set forth in Section 27.5 apply with the following additions and changes: (1) The height restriction as set out in Section 27.5(a) apply to buildings designed for human occupancy and are not intended to regulate the height of towers, fuel storage tanks, antennas or other accessory or ancillary structures. The maximum height of non - building structures shall be limited to fifty (50) feet but this number may be exceeded by approval of the City Council as outlined in Section 33.5(b) of this ordinance. (2) Section 27.5(g) shall not apply to petroleum operations. (3) Delivery Routes: Each petroleum operation business within the I -2 zoning classification shall provide the Administrative Official with a route map showing the roadways over which normal delivery or transfer operations of petroleum products will occur in relation to the normal business operations of that activity. The purpose of this requirement is to assist the police department and fire department of the City of Southlake to prepare appropriate emergency response plans to assist in managing any accident relating to the movement of quantities of petroleum product through the City. The delivery route plan shall consist of a map outlining the routes used by delivery equipment or systems. A narrative shall accompany the map explaining the type of products moved and the general schedule of movements of these products. (4) Delivery of Inspection Reports: To the extent that any petroleum product related business within the I -2 zoning classification is subject to on -site safety or operational inspections by a state or federal regulatory agency, the business operation in question shall provide the Administrative official with a copy of the most recent inspection reports with any and all attachments or appendices within ten (10) working days from the date upon which each and every inspection report is received. The purpose of this requirement is to allow slake \480- c.ord(4291) -10- the City and its public safety employees to evaluate and monitor any potential environmental or safety hazards resulting from the operation of these facilities. The City of Southlake will not make public this information, but will use it exclusively for public safety and environmental planning and analysis. (b) Performance Standards - The performance standards as set forth in Section 27.7 shall apply with the following additional requirements: (1) In addition to the standards set forth in Section 27.7(g) regarding fire hazards, each and every petroleum product related business within the I -2 zoning classification shall annually file a Fire and Emergency Safety and Response Plan with the Fire Marshal of the City of Southlake. Said plan shall be filed on or before January 5th of each calendar year. The Plan shall consist of a map of the site or facility and shall include the location of all firefighting equipment, firefighting apparatus, fire alarms and /or smoke detectors. The plan shall further explain what special provisions for firefighting or emergency action exist on or within the site. It is anticipated that this requirement will identify special firefighting equipment or apparatus that may be unique to the specific facility. Attached to the annual report, will be the identification of any petroleum products stored on the site along with a narrative description of the normal procedures to be followed in fighting a fire or responding to an explosion report dealing with that substance if it is not a substance regularly encountered by municipal firefighting personnel. The purpose of this requirement is to assist the fire department of the City of Southlake in preparing to handle any emergency responses requested or required in the I- 2 zoning district. As a further portion of this plan, the business shall identify any special breathing apparatus or equipment located on -site for use of business personnel in the event of an emergency. Information concerning the slake \480- c.ord(4291) -11- specific type of such equipment shall be included within the plan. (2) State and Federal Regulations Each and every petroleum product related business within the I -2 zoning classification shall provide the Administrative Official with a specific listing of all state and federal regulations or requirements identifying health, safety and environmental regulations and requirements applicable to petroleum products terminal operations, blending operations or pipeline transfer operations. It is recognized that these regulations vary by type of business activity and by size of business activity. In addition to identifying the regulation under which the business must operate, each business activity must also provide a listing of the number of regularly schedule inspections which are undertaken to ensur compliance with those requirements. I- an individual contact point with the regulatory agency has been established and is traditional for this type of operation, the business will provide the Administrative Official with the name or position title and the mailing address an telephone number of the contact individua., within the state or federal regulatory agency. The purpose of this requirement is to allow the City to coordinate its regulatory and monitoring activities with those of appropriate state and federal agencies. Each business providing information under this provision will be required to supplement and /or update that information as changes occur. (3) Additional Standards The Planning and Zoning Commission may recommend to the City Council the establishment of additional performance standards to protect neighboring areas and land uses from potential industrial hazards and nuisances as necessary." SECTION 20 That Section 28, "HC" Hotel District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 28.4 thereof to read as follows: slake \480- c.ord(4291) -12- "28.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 21 That Section 29, "MH" Manufactured Housing District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 29.4 thereof to read as follows: "29.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance." SECTION 22 That Section 10, "RE" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e of Subsection 10.5 to read as follows: "e. Maximum Lot Coverage structures shall have not exceeding thirty lot area, except the s buildings shall not ex c of the lot area." All buildings or a maximum lot coverage percent (30 %) of the um total of accessory eed five percent (5 %) slake \480- c.ord(4291) -13- SECTION 23 That Section 11, "SF -lA" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 11.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (20 %) of the lot area, except the sum total of accessory buildings shall not exceed 1,000 square feet." SECTION 24 That Section 13, "SF -30" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 13.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (20 %) of the lot area, except the sum total of accessory buildings shall not exceed 750 square feet." SECTION 25 That Section 14, "SF -20A" Single Family Residential District, of Ordinance No. 480, as amended, is hereby amended by revising Paragraph e. of Subsection 14.5 to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30 %) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet." SECTION 26 That Section 18, 11 0 -1" Office District, of ordinance No. 480, as amended, is hereby amended by adding new Subsections 18.6, 18.7, and 18.8 to read as follows: " 18.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall stake \480- c.ord(4291) -14- be submitted either with the zoning change request or prior to the submittal of the development site plan. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of the development site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 18.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 18.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the 0 -1 district." SECTION 27 That Section 20, "C -1" Neighborhood Commercial District, of Ordinance No. 480, as amended, is hereby amended by deleting the permitted use in Subsection 20.2.a.5., and by revising the permitted use in Subsection 20.2.a.1. to read as follows: " 1. Offices of a business and /or professional nature providing services not including fabrication, manufacture, or production of goods." That Section 20, "C -1" Neighborhood Commercial District, is further amended by revising paragraph f. of Subsection 20.5 to read as follows: "f. Floor Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but the minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum floor area contained within any structure existing in this district shall be ten thousand (10,000) square feet." stake \480- c.ord(4291) -15- That Section 20, "C -1" Neighborhood Commercial District, is further amended by adding new Subsections 20.6, 20.7, and 20.8 to read as follows: " 20.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted either with the zoning change request or prior to the submittal of the development site plan. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of the development site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 20.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 20.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C -1 district." SECTION 28 That Section 21, "C -2" Local Retail Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising the permitted use No. 21. in Subsection 21.2, to read as follows: 11 21. Filling stations or service stations, operating with or without a convenience store. Such use may offer gasoline, oil, greasing and accessories, and may contain a small car wash facility, but may not include fender or body repairs, mechanical services, rear -end, transmission or engine overhaul." That Section 21, "C -2" Local Retail Commercial District, is further amended by adding new Subsections 21.6, 21.7, and 21.8, to read as follows: slake \480- c.ord(4291) -16- " 22.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 22.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C -3 district." F4014 4CORMI61 That Section 23, "C -4" Arterial Mall Commercial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsections 23.6 and 23.7 thereof to read as follows: " 23.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted either with the zoning change request or prior to the submittal of the development site plan. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of the development site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 23.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application." That Section 23, "C -4" Arterial Mall Commercial District is further amended by adding a new Subsection 23.8 to read as follows: " 23.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C -4 district." SECTION 31 That Section 24, "B -1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 24.6 thereof to read as follows: slake \480- c.ord(4291) -18- " 24.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a B -1 Business Service Park District." That Section 24, "B -1" Business Service Park District is further amended by renumbering the current Subsection 24.7 as Subsection 24.9, and by adding new Subsections 24.7 and 24.8 to read as follows: " 24.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 24.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the B -1 district." SECTION 32 That Section 25, "B -2" Commercial Manufacturing District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 25.6 thereof to read as follows: " 25.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a B -2 Commercial Manufacturing District." That Section 25, "B -2" Commercial Manufacturing District is further amended by adding new Subsections 25.7 and 25.8 to read as follows: " 25.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 25.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the B -2 district." stake \480- c.ord(4291) -19- SECTION 33 That Section 26, 11 I - 1 " Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 26.6 thereof to read as follows: " 26.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted either with the zoning change request or prior to the submittal of the development site plan. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of the development site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning." That Section 26, 11 I - 1 " Light Industrial District is further amended by renumbering the current Subsection 26.7 as Subsection 26.9, and by adding new Subsections 26.7 and 26.8 to read as follows: " 26.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 26.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the I -1 district." SECTION 34 That Section 27, "I -2" Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 27.6 thereof to read as follows: " 27.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted either with the zoning change request or prior to the submittal of the development site plan. slake \480- c.ord(4291) -20- All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of the development site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning." That Section 27, "I -2" Heavy Industrial District is further amended by renumbering the current Subsection 27.7 as Subsection 27.9, and by adding new Subsections 27.7 and 27.8 to read as follows: " 27.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 27.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the I -2 district." SECTION 35 That Section 28, "HC" Hotel District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 28.7 to read as follows: " 28.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application." That Section 28, "HC" Hotel District, is further amended by adding a new Subsection 28.8 to read as follows: " 28.8 DEVELOPMENT SITE PLAN - A development site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the HC district or prior to the issuance of a certificate of occupancy for any property in this district. In addition, the site plan shall show in detail that all pool areas are to be constructed in strict compliance with Ordinance No. 481 as now or hereafter amended." slake \480- c.ord(4291) -21- SECTION 36 That Section 23, "C -4" Arterial Mall Commercial District of Ordinance No. 480, as amended, is hereby amended by revising paragraphs b., c., d., e, and f. of Subsection 23.5, to read as follows: " b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however, where a C -4 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen (15) feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. d. Rear Yard: There shall be a rear yard of not less than ten (10) feet except where the lot abuts property zoned as single - family residential there shall be a rear yard of not less than twenty -five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding sixty (60) percent of the lot area. f. Floor Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but the minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space, except as specified herein under other provisions of this ordinance." SECTION 37 That Section 24, "B -1" Business Service Park District, of Ordinance No. 480, as amended, is hereby amended by revising the permitted uses in Subsection 24.2.a.15., to read as follows: 11 15. Nursery yards or buildings for retail sales and landscaping companies, provided that incidental equipment and supplies are primarily stored within a building or enclosed within a screening device. Nursery products themselves may be grown, raised, stored and marketed slake \480- c.ord(4291) -22- "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses." SECTION 39 That Section 26, "I -1" Light Industrial District, of Ordinance No. 480, as amended, is hereby amended by adding a new permitted use as Subsection 26.2.b.16A., to read as follows: "16A. Farrier (horseshoeinq)" That Section 26, "I - 1 " Light Industrial District, is further amended by revising paragraphs e. and h. of Subsection 26.5, to read as follows: "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and compatibility of this project with adjacent land uses. * * * h. All business shall be conducted entirely within a building unless outside storage is approved in connection with a specific use permit development site plan." SECTION 40 That Section 27, "I -2" Heavy Industrial District, of Ordinance No. 480, as amended, is hereby amended by revising paragraph e. of Subsection 27.5, to read as follows: "e. Maximum Lot Coverage: As approved by the City Council after a recommendation by the Planning and Zoning Commission pursuant to Site Plan Review with requirements to be established based upon an analysis of the location, configuration, environmental impact and slake \480- c.ord(4291) -24- compatibility of this project with adjacent land uses." SECTION 41 That Section 30, "PUD" Planned Unit Development District, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 30.5, to read as follows: "30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. However, the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD, the maximum density permitted shall be equal to the maximum density permitted under the least restrictive single family zoning district at the time the PUD is granted. In any residential PUD, all buildings or structures shall have a maximum lot coverage not exceeding thirty percent (30 %) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. When developing a residential PUD in phases, the City Council shall establish in the individual PUD ordinance the maximum density permitted in each phase to assure that the maximum density of the entire residential PUD is not exceeded once complete buildout is achieved." That Section 30 "PUD" Planned Unit Development District, is further amended by revising paragraph c. of Subsection 30.6, to read as follows: "c. Minimum off - street parking requirements shall be established in the approved development site plan. Any deviation less than the minimum requirements specified in Section 35 shall require specific approval from the City Council." slake \480- c.ord(4291) -25- That Section 30 "PUD" Planned Unit Development District is further amended by renumbering Sections 30.10, 30.11 and 30.12 to Sections 30.9, 30.10 and 30.11, respectively. SECTION 42 That Section 31, "S -P -1" (Detailed) Site Plan District, of Ordinance No. 480, as amended, is hereby amended to read as follows: " 31.1 PURPOSE AND INTENT - The S -P -1 Site Plan District is utilized to develop difficult sized and shaped land areas to promote new planning concepts; to develop multiple land uses; and to establish compatible land uses within a more restrictive neighborhood. No minimum land area is required for the S -P -1 district. 31.2 PERMITTED USES a. No land shall be used and no building shall be erected for or converted to any use other than the specific use or uses authorized by an ordinance of the City of Southlake granting a zoning change to an S -P -1 (Detailed) Site Plan District under the terms and conditions of this subsection and in accordance with the procedures set forth below. Any use not prohibited by this ordinance or other ordinances of the City may be authorized in an S -P -1 district; provided, however, no single - family residential uses; either attached or detached, may be authorized in an S -P -1 District. b. Similar uses which are permitted in the Zoning Ordinance may be permitted in the S -P -1 zone, provided a revised site plan has been submitted for recommendation to the Planning and Zoning Commission and approved by the City Council for any such proposed similar use, upon the written application for an amendment to the S -P -1 Site Plan District previously granted and in accordance with all the regulations of this Section 31. The determination of whether a use is similar shall be in the sole discretion of the City Council. C. A summary shall be provided which lists the proposed uses within the district. This may be via attached text or shown on the required site plan. slake \480- c.ord(4291) -26- 31.3 APPLICATION - A change of zoning to an S -P -1 Site Plan District shall be granted by the City Council only upon the written application of the owner or his representative and a recommendation of the Planning and Zoning Commission. No variances to other city ordinances, codes or regulations will be permitted. The S -P -1 Site Plan District allows the City Council to approve changes to the regulations of this ordinance only. 31.4 SITE PLAN - Applicants for S -P -1 zoning must file an application for site plan approval in accordance with the requirements of Section 40 of this ordinance. 31.5 REVIEW AND IMPLEMENTATION a. The Planning and Zoning Commission in submitting its recommendations to the City Council and the City Council in making its decision shall state a list of the reasons for approval or disapproval of each case and request. The stated reasons shall be incorporated in any ordinance approving a request. b. On the Official Zoning Map, an S -P -1 Site Plan District shall bear the designation S -P -1 followed by the ordinance number, in parenthesis, rezoning the property to a Site Plan District. c. The City Council may impose any condition or restriction upon the use of the property rezoned, as may be necessary to secure and protect the public health, safety, morals and general welfare and to protect adjoining property and the value thereof, including the dedication of street rights -of -way for adequate flow of traffic. Such conditions and restrictions shall not be construed as conditions precedent to the granting of the S -P -1 Site Plan District use, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy. d. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan, when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained." slake \480- c.ord(4291) -27- SECTION 43 That Section 32, "S -P -2" (Generalized) Site Plan District, of Ordinance No. 480, as amended, is hereby amended to read as follows: " 32.1 PURPOSE AND INTENT The S -P -2 Site Plan District is utilized to permit flexibility of area regulations while restricting usages. The basic land use district shall be identified for reference to area regulations. The land area for an S -P -2 Site Plan District shall not be less than two (2) acres in size. 32.2 PERMITTED USES a. No land shall be used and no building shall be erected for or converted to any use other than the general uses authorized by an ordinance of the City of Southlake granting a zoning change to S -P -2 Site Plan District zoning under the terms and conditions of this section. No variances to any other City ordinance, code or regulation will be permitted within this district. All applications will be processed in accordance with the procedures set forth below. Any use not prohibited by this ordinance or other ordinances of the City may be authorized in an S -P -2 district; provided, however, no single - family residential uses, either attached or detached, may be authorized in an S -P -2 District. b. Similar uses which are permitted in the Zoning Ordinance may be permitted in the S -P -2 zone, provided a revised concept plan has been submitted for recommendation to the Planning and Zoning Commission and approved by the City Council for any such proposed similar use, upon the written application for an amendment to the S -P -2 Site Plan District previously granted and in accordance with all the regulations of this Section 32. The determination of whether a use is similar shall be in the sole discretion of the City Council. C. A summary shall be provided which lists the proposed uses within the district. This may be via attached text or shown on the required Concept Plan. 32.3 APPLICATION - A change of zoning to an S -P -2 Site Plan District shall be granted by the City Council only upon the written application of the owner or slake \480- c.ord(4291) -28- his representative and a recommendation of Planning and Zoning Commission. No variances to other city ordinances, codes or regulations will be permitted. The S -P -1 Site Plan District allows the City Council to approve variances to regulations of this ordinance only. 32.4 CONCEPT PLAN - Applicants for S -P -2 zoning must file an application for Concept Plan approval in accordance with the requirements of Section 41 of this ordinance. 32.5 REVIEW AND IMPLEMENTATION a. The Planning and Zoning Commission in submitting its recommendations to the City Council and the City Council in making its decision shall state a list of the reasons for approval and disapproval of each case and request. The stated reasons shall be incorporated in any ordinance approving a request. b. On the Official Zoning Map, an S -P -2 Site Plan District shall bear the designation S -P -2 followed by the ordinance number, in parenthesis, rezoning the property to a Site Plan District. c. The City Council may impose any condition or restriction upon the use of the property rezoned, as may be necessary to secure and protect the public health, safety, morals and general welfare and to protect adjoining property and the value thereof, including the dedication of street rights -of -way for adequate flow of traffic. Such conditions and restrictions shall not be construed as conditions precedent to the granting of the S -P -2 Site Plan District use, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy. 32.6 DEVELOPMENT SITE PLAN - A development site plan shall be required for a building permit within the S -P -2 (Generalized) Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission." SECTION 44 That Section 33, Supplementary District Regulations, of Ordinance No. 480, as amended, is hereby amended by revising slake \480- c.ord(4291) -29- Subsection 33.2, to read as follows: " 33.2 FENCES - Except as otherwise provided in this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow except in accordance with the site triangle provision as defined in the Subdivision Ordinance No. 483 as now existing or hereafter amended. b. At Interior Lots - On an interior lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property." That Section 33, Supplementary District Regulations, is further amended by deleting Subsection 33.4 in its entirety. That Section 33, Supplementary District Regulations, is further amended by deleting the following listed appendices from Subsection 33.8: a. Site Plans required for all non - residential developments C. Highway, Farm -to Market Road and Thoroughfare setbacks i. Airport Zoning Ordinance j. Mobile Home Park Regulation Ordinance k. Site preparation and excavation ordinances and by adding the following appendices thereto, so that Section 33.8 reads as follows: 33.8 APPENDICES - The City Council may issue supple- mentary auxiliary regulations by ordinance and may include them in this ordinance as appendices. Contemplated or already in existence at the writing of this ordinance are the following regulations that may be applicable to proposed development and may or may not be included as an appendix to this basic ordinance: slake \480- c.ord(4291) -30- a. Drainage Ordinance No. 482 b. Masonry exteriors required on certain buildings. C. Perimeter Street Ordinance No. 494 d. Subdivision Ordinance. e. Sign Ordinance. f. Animal Control that regulates the number and reason for housing animals in certain areas. g. Noise Regulation ordinance. h. Floodplain or flood hazard ordinances. i. Sewer Pro Rata Ordinance No. 493 j. Fence Maintenance ordinances." That Section 33, Supplementary District Regulations, is further amended by revising Subsection 33.14 thereof to read as follows: "33.14 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on- premise septic tank and subsurface drainage field designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on- premise septic tank and subsurface drainage field is to be employed, the minimum lot size must be one acre per family, residence or commercial structure and must be approved by the City Council of the City of Southlake. All lots to be served by a private or septic system must have that system installed in accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of any building or structure shall be prohibited and no certificate of occupancy issued unless the provisions of this subsection and of subsection 33.13 are fully complied with." slake \480- c.ord(4291) -31- SECTION 45 That Section 34, Accessory Uses, of Ordinance No. 480, as amended, is hereby amended by revising the accessory uses permitted in paragraph f. of Subsection 34.1 to read as follows: ACCESSORY USE f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, and not operated as a business. All "at grade" swimming pools with a water depth greater than twenty -four (24) inches and "above grade" swimming pools having a water depth twenty -four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty -four (24)inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line nor be located any closer than five feet (5') to another structure." DISTRICT WHERE PERMITTED AG, RE, SF -1A, SF -1B, SF -30, SF -20A, SF -20b, MF -1, MF -2 and HC stake \480- c.ord(4291) -32- That Section 34, Accessory Uses, is further amended by revising Subsection 34.2 to read as follows: " 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10 to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5' ) to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10 of any other building, except that detached residential garages may be located not closer than five feet (5 to the main dwelling. C. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14 in height. f. No accessory building shall be located forward of the principal building on the lot." SECTION 46 That Section 35, Off- Street Parking, of Ordinance No. 480, as amended, is hereby amended by revising paragraph a. of Subsection 35.5, to read as follows: "a. Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number." slake \480- c.ord(4291) -33- That Section 35, Off - Street Parking, is further amended by revising the introductory paragraph of paragraph b.(6) of Subsection 35.6, to read as follows: "(6) Office, Professional or Financial Uses: For all categories listed under this heading, a minimum of eight spaces shall be provided for the first 1000 sq. ft. The following requirements pertain to the remaining square footage." That Section 35, Off - Street Parking, is further amended by revising paragraph b.(10) of Subsection 35.6, to read as follows: to (10) Industrial Uses: One (1) off - street parking space required per 1000 square feet of under -roof industrial area and one (1) space per each 300 square feet of under -roof office area." SECTION 47 That Section 40, Site Plans, of Ordinance No. 480, as amended, is hereby amended to read as follows: " 40.1 GENERAL - The following requirements set forth in this section shall govern the approval of all site plans required by this ordinance unless otherwise provided in this ordinance. If any conflict exists between the language contained in this section regarding site plan requirements and any site plan ordinance of the City, the more specific requirements shall apply. 40.2 APPLICATION - A written application for site plan approval shall be filed with the Administrative Official on forms prepared by the City. The application shall be signed by the owner, lessee, developer or option holder of the property and shall be accompanied by (a) a reproducible drawing and copies as required by the Administrative Official; and (b) a copy of the plat where the proposed site is located. 40.3 SITE PLAN INFORMATION REQUIRED - For purposes of determining the exact information required on each site plan, refer to the following chart summary of those districts requiring preparation of a site plan. Zoning District Name Section Symbol slake \480- c.ord(4291) -34- Residential P.U.D. Development Site Plan 30.8 (RPUD) Non - Residential P.U.D. Development Site Plan 30.8 (MXPUD)* Detailed Site Plan District 31.4 (SP1) Specific Use Permit 45.2 (SUP) Required for a building permit N/A (BP) Required in all plans N/A (All) * Requirements listed for MXPUD do not apply to any single family portions of the PUD unless noted on the item. A Residential P.U.D. is a development proposal in which ninety percent (90 %) or more of the development proposed consists of single family residential or duplex districts. All other P.U.D. development proposals not meeting the criteria of single family residential districts shall fall under the category of a mixed use development site plan. The following criteria is a comprehensive list of site plan requirements. At the end of each criteria is a symbol corresponding to the symbols shown above for each of the referenced districts. If this symbol is shown then this criteria is required on all site plans in that district. a. Acceptable scale: 1 " =20 1 " =40', 1 =100' or as approved. North arrow, graphic and written scale in close proximity. (All) b. Small scale location map shown. (All) C. Title includes appropriate title (i.e., "Site Plan ", "Development Site Plan ", etc.) , name of development or platted lot and block designation, City, County and State, date of preparation. (All) d. Name and address of owner. (All) e. Name, address and phone of firm preparing the Site Plan. (All) f. Metes and bounds labeled on property boundary. (All) g. R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown. (All) h. Adjacent property labeled with owner's name, existing zoning, land use map designation. (All) i. The width and type of proposed bufferyard must be labeled. (All) slake \480- c.ord(4291) -35- j. Designation of the location and size of all points of ingress /egress to the site. (All) k. All pedestrian walks, malls and open areas for use by tenants or the public. (All) 1. The location, type and height of all walls, fences, and screening devices. (All) M. Site Data Summary Chart (by phase and in total) to include the following items: - Existing zoning of this tract and any proposed zoning. (All) - Gross acreage and net acreage of the project. (All) - Number of proposed lots. (RPUD, MXPUD including residential) - Residential density (RPUD, MXPUD including residential) - Percentage of site coverage. (MXPUD, SP1, SUP, BP) - Anticipated schedule of development. (All except BP, SUP) - Parking and loading spaces required and provided. (MXPUD, SP1, SUP, BP) - Area of open space. (All) - Open space as a percentage. (All) - Outside storage as a percentage. (All) n. Show the following related to existing or proposed buildings: - Location, dimensions, maximum height, number of stories, use or uses contained therein, gross floor area. (All except RPUD). - Square footage broken down by use. (SP1, SUP, BP) . - Entrances and exits to buildings. (BP, SP1) - Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements. (SP1, SUP, BP) - Distance between buildings and distance from building to property lines. (All, except RPUD) o. Related to parking requirements: - Clear designation of all parking stalls intended for off - street parking and for off - street loading. (All, except RPUD) - Dimensions of such parking and loading areas. (MXPUD, SP1, SUP, BP) - Type of surface material. (BP, SP1) slake \480- c.ord(4291) -36- - Any intended lighting shown. (MXPUD, SP1, SUP, BP) p. Front building lines shown. (All) Rear and side building lines shown. (MXPUD, SP1, SUP, BP). q. Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign types, facings, material compositions and colors. (MXPUD, SP1, SUP, BP) r. The location of all on -site facilities for liquid and solid waste temporary storage pending disposal or any proposed septic fields. (MXPUD, SP1, SUP, BP) S. Location of all trash dumpsters. (MXPUD, SP1, SUP, BP) t. The types of surfacing, such as paving (for example, asphalt, concrete, brick) , turfing or gravel, to be used at the various locations. (MXPUD, SP1, SUP, BP) U. Easements on or adjacent to the site labeled and dimensioned. (SP1, SUP, BP, RPUD and MXPUD if they impact the development) V. Nearest fire hydrant dimensioned to property corner and any proposed fire hydrants shown. (MXPUD, SP1, SUP, BP) W. The fire lane width must be designated with all curb radii adjacent to the fire lane labeled. (BP, MXPUD, SP1, SUP) X. The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show center line of water courses and existing drainage easements. (BP, SP1) Y_ Note the benchmark used for the topographical information shown. This should correspond to a City approved benchmark. (BP, SP1) Z. A summary chart showing all proposed variances to the closest zoning district in which the proposed slake \480- c.ord(4291) -37- use(s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance. (RPUD, MXPUD including residential, SUP, SP1) aa. Intended category of uses labeled. (All) bb. Show any areas intended for outside storage and method of screening. (All, except RPUD) 40.4 REVIEW OF SITE PLAN a. Unless otherwise provided in this ordinance, City Staff shall be responsible for the administrative approval of all site plans required by this section. b. In granting or denying an application for a site plan approval, the City Staff, the Planning and Zoning Commission and the City Council, as appropriate, shall take into consideration the following factors: 1. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. 2. Safety from fire hazards, and measures of fire control. 3. Protection of adjacent property from flood or water damage. 4. Noise producing elements, and glare of vehicular and stationary lights and the effect of such lights on the established character of the neighborhood. 5. Location, lighting and type of signs; relation of signs to traffic control and the adverse effect on adjacent properties. 6. Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. 7. Adequacy of parking, as determined by requirements of this ordinance for off - street parking facilities; location of ingress /egress points for parking and off - street loading spaces; and protection of public health by all weather surfacing on all parking areas to control dust. slake \480- c.ord(4291) -38- 8. Such other measures as will secure and protect public health, safety, morals and general welfare. 40.5 IMPROVEMENTS - All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan approved in compliance with this section. 40.6 ADMINISTRATIVE ACTION - On approval of the site plan by the City Council, or the Administrative Staff, as appropriate, all necessary permits or certificates authorized thereby may be issued. a. Subsequent to such approval, minor changes may be authorized by the Administrative Official when such minor changes will not cause any of the following circumstances to occur: 1. A change in the character of the development; 2. An increase in the ratio of the gross floor areas in structures to the area of any lot; 3. An increase in the intensity of use; 4. A reduction in the originally approved separations between buildings; 5. An increase in the problems of circulation, safety, and utilities; 6. An increase in the external effects on adjacent property; 7. A reduction in the originally approved setbacks from property lines; 8. An increase in ground coverage by structures; 9. A reduction in the ratio of off - street parking and loading space to gross floor area in the structures. 10. A change in the subject, size, lighting, flashing, animation or orientation of originally approved signs. b. Any proposed amendment to a site plan which in the opinion of the Administrative Official does not meet the slake \480- c.ord(4291) -39- criteria of sub - paragraph 4O.6a above may only be approved by the City Council after a recommendation by the Planning and Zoning Commission. 40.7 CONFLICT WITH OTHER REQUIREMENTS - If any conflict exists between the language contained herein regarding site plan requirements and any site plan ordinance of the City, the more specific requirements shall apply. 40.8 COMPLIANCE WITH CONCEPT PLAN - All site plans shall substantially conform to the Concept Plan approved with the zoning application. If, in the opinion of the Administrative official, the site plan does not substantially conform to the Concept Plan approved by the City Council, the applicant shall either seek approval of a revised Concept Plan per Section 41 or a revised site plan, per Section 40. Approval of these plans shall be within the authority of the City Council upon a recommendation by the Planning and Zoning Commission." SECTION 48 That Section 41, Concept Plans, of Ordinance No. 480, as amended, is hereby amended to read as follows: " 41.1 PURPOSE AND INTENT - Approval of a Concept Plan shall be required in connection with any request for zoning to any SF -30, SF -20A, SF -20B, SP -2, B -1, B -2, and HC zoning districts, unless such zoning request is upon the application of the City. Additionally, the Concept Plan is intended to provide the Planning and Zoning Commission and the City Council with the information and data that is necessary to assess the merits of development in the C -1, C -2, C -3, C -4, I -1 and I -2 districts. 41.2 APPLICATION - A written application for Concept Plan approval shall be filed with the Administrative Official on forms prepared by the City. The application shall be signed by the property owner and shall be accompanied by a sufficient number of copies (as determined by the Administrative Official) of all conceptual or graphical representations required herein, in a size sufficient to clearly show all information required, and a copy reduced to 8 -1/2" x 11", and two (2) copies of all written documents. 41.3 CONTENT OF CONCEPT PLAN - A Concept Plan shall include all of the following information in graphic representation or written documents as appropriate, slake \480- c.ord(4291) -40- and shall be prepared by a registered architect, registered engineer, registered surveyor, or a registered landscape architect: a. North arrow, graphic and written scale in close g. Provide name, address, and phone of consultant who prepared the plan. h. Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings, and existing easements. i. Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning. j. Adjacent tracts labeled with owners name, existing zoning and proposed land use designation (L.U.D.). k. Conceptual representation of proposed use(s) and generalized representation of proposed improvements. 1. Conceptual representation of points of connection to public rights -of -way. M. Approximate extent of existing tree cover. n. Label all required Bufferyards as to type and width. o. Computation of proposed number of dwelling units. P. Screening and landscaping plan shall be required where such treatment is essential to slake \480- c.ord(4291) -41- proximity. b. Vicinity map indicating the area in which the property is located. C. Appropriate title, i.e., "CONCEPT PLAN FOR Zoning Request." d. Title includes project name, City, County, State. e. Title includes gross acreage and date of preparation. f. Provide name and address of owner and /or applicant. g. Provide name, address, and phone of consultant who prepared the plan. h. Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings, and existing easements. i. Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning. j. Adjacent tracts labeled with owners name, existing zoning and proposed land use designation (L.U.D.). k. Conceptual representation of proposed use(s) and generalized representation of proposed improvements. 1. Conceptual representation of points of connection to public rights -of -way. M. Approximate extent of existing tree cover. n. Label all required Bufferyards as to type and width. o. Computation of proposed number of dwelling units. P. Screening and landscaping plan shall be required where such treatment is essential to slake \480- c.ord(4291) -41- SECTION 50 That Section 44, Board of Adjustment, of Ordinance No. 480, as amended, is hereby amended by deleting Subsections 44.3(c) and 44.12 in their entirety. That Section 44, Board of Adjustment, is further amended by revising paragraph b. of Subsection 44.4 thereof, to read as follows: "b. In order to provide for such changes and contingencies, an interpretation of the ordinance as to whether or not such requested land use is covered or not by the existing ordinance shall be first made by the Administrative Official. The decision of the Administrative Official may be appealed to the Board of Adjustment, who shall consider the nature and characteristics of the proposed use and its compatibility with the uses permitted in various zoning districts, and determine in its opinion which zoning district or districts such use should be listed in, and shall so make its findings in writing." That Section 44, Board of Adjustment, is further amended by revising Subsections 44.6 and 44.7 thereof to read as follows: " 44.6 CONDITIONS OF VARIANCE - In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district. 44.7 VOTE - The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this ordinance, or to approve any variance." slake \480- c.ord(4291) -43- SECTION 51 That Section 45, Specific Use Permits, of Ordinance No. 480, as amended, is hereby amended by revising Subsection 45.1 thereof, to read as follows: " 45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses: SP ECIFIC USE 1. Sale of alcoholic beverages. 2. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving ranges, batting cages, carnivals, archery ranges and similar uses). 3. Kennels 4. Portable buildings not otherwise permitted under this ordinance. (As amended by Ord. 480 - A) 5. Churches, synagogues, temples and other similar facilities for worship, fellowship and education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the DISTRICT WHERE PERMITTED 0-2, C -1, C -2, C -3, C -4, HC, S -P -1, S -P -2, PUD C -3, C -4, B -2, I -1, I -2 C -3, C -4, B -2, I -1 All except RE, SF- 1A, SF -1B, SF -30, SF -20A, SF -20B, MF- 1, MF -2, MH AG, RE, SF -lA, SF- 1B, SF -30, SF -2OA, SF -20B, MF- 1, MF -2 slake \480- c.ord(4291) -44- premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, arid shall deny such application when the detrimental effects substantially outweigh the beneficial effects. C. Children's nurseries, child day care centers, and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. 6. Public, semi - public and parochial/ private All except B -1, CS, schools, not including correctional institutions HC, I -1 and I -2 or trade schools. 7. Public, semi - public and private golf courses AG, RE, SF -lA, SF- together with related clubhouse, pro -shop and 1B, SF -30, SF -20A, maintenance/ storage buildings, provided no SF -20B, MF -1, MF -2 building is closer than one hundred (100) feet and B -2 from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right -of -way line. 8. Equestrian riding stables, tack rooms, show AG, I -2 rings, and rodeo grounds, either private or when operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 9. Dude ranches catering to temporary guests AG housed on the premises 10. Colleges, junior colleges, or other similar All except CS, institutions of higher learning, whether public I -1 and I -2 or private, when located on a site of at least twenty (20) acres, and provided such facilities have direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. 11. Airports, aviation field or aircraft landing C -3 areas. 12. Marina or yacht club, whether private or AG public. slake \480- c.ord(4291) -45- 13. Community centers and service clubs dedicated to social or recreational activities serving the City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty (30) feet from all side and rear property lines and forty (40) feet from any street line. The total ground floor area of all such buildings and structures shall not cover more than twenty -five (25) percent of the site area devoted to such facilities and activities. 14. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector street. 15. Fish hatcheries and fish farms. 16. Public governmental buildings including community health centers and recreation buildings, libraries, museums, postal stations, and administrative offices of federal or state government. 17. Servants or family quarters for domestic servants employed on the premises or family members of the owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross inhabitable square footage of the floor area shall not exceed one thousand (1,000) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 18. Temporary real estate sales office, including manufactured housing, to be located on property being sold for a period of sale -2xceeding two (2) years. AG, RE, SF -lA, SF- 1B, SF -30, SF -20A, SF -20B, MF -1 and MF- 2 AG, RE, SF -lA, SF- 1B, SF- 30,SF -20A, SF -20B, MF -1, and MF -2 AG, I -2 All AG, RE, SF -lA, SF- 1B, SF -30 All slake \480- c.ard(4291) -46- 19. Sales and service of new automobiles, trucks, or motorhomes. 20. Sales and service of used automobiles, trucks, or motorhomes. 21. Medical care facilities: nursing and care homes, hospitals, with their related facilities and supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. 22. Helistop. 23. Cemetery Uses. a. Application An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minimum requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard - surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a C -4, I -1 I -1 CS, C -1, C -2 CS, HC, 0 -1, 0 -2, I -1, I -2, B -2 CS slake \480- c.ord(4291) -47- creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking - All parking shall be off - street parking with an all- weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and /or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 24. The City Council may authorize the 0-1, 0-2, I -1 establishment of retail operations in an amount exceeding fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 25. The erection and maintenance of antennas, All satellite dishes, telecommunication facilities or towers in excess of maximum height regulations for this district where such structures are related to principal permitted uses occupying the structures to which they are attached or affixed. stake \480- c.ord(4291) -49- 26. Day nurseries or equivalent childcare facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex. If the City Council should choose to grant a specific use permit for this activity, the activity shall not be subject to or included within the fifteen (15) percent calculation for supporting retail services as outlined for other supporting retail activities. 27. The location of day nurseries or similar childcare activities, if said activity is clearly designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 28. Studios designed for the practice, education or training in art, dance, music, drama, photo, or interior design. 29. Outdoor storage of plants or other greenery if conducted as a portion of the retail operations of another principal use permitted within this district. This specific use permit is designed to permit the City Council to allow limited outdoor garden sales activity in conjunction with traditional retail operations subject to the establishment of safeguards deemed necessary and appropriate to protect adjoining properties. In granting a specific use permit for this activity, the City Council is authorized to set out specialized buffering, screening, design and signage requirements to ensure that the outdoor storage, display and sale is totally compatible with the specific site and all surrounding land uses. 30. The City Council may permit the construction of residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft -type apartments or condominium living units on the floor or floors above office and retail -type activities situated on a ground floor. 31. A residential unit(s) for the exclusive use of an employee or employees of the principal use, placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. In approving the 0 -2, B -1 Cam1 C -1 C -2, C -3, C -4 and B -2 C -3 B -2, I -1 slake \480- c.ord(4291) -50- construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 32. Private airfields and aircraft landing area. CS, AG, C -3 33. Veterinary clinics for large animal care, to I -1, I -2 include such restrictions as the City Council deems necessary for protecting adjacent properties from negative environmental impacts. 34. The construction of accessory buildings AG, MF -1, MF -2, or structures of a size or aggregate size greater SF -lA, SF -1B, than that permitted under the accessory building 30, SF -20A, requirements of the zoning district in which the SF -20B property lies. 35. Paper or metal processing and storage. I -2 36. Gravel crushing, screening and washing. I -2 37. Dyecasting manufacture. I -2 38. Concrete batching or transient mix plant. ALL 39. Concrete products manufacturing. I -2 40. Boiler making, repairing and boiler work. I -2 41. Asphalt storage, liquid or solid. I -2 42. Meat processing plants. I -2 43. Golf driving range. AG, C -3, C -4, I -1, I -2 44. Petroleum Operations The City Council may I -2 grant this use as a specific use permit, subject to compliance with the following provisions: a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use SF- slake \480- c.ord(4291) -51- should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On -site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off - loading of truck facilities in a non - retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. C. No specific use permit shall be granted unless a developmental site plan as set forth in Section 27.6 is submitted to, and approved by, the City Council. 45. The City Council may authorize a waiver of I -1, I -2 the solid wall screen requirement for outdoor storage, only when such outdoor storage abuts a lot or tract zoned AG, and only when there is no residence on such lot or tract within five hundred (500) feet of the storage area. The City Council has no authority to waive Section 38 Screening Requirements where the outdoor storage abuts properly zoned residential. The applicant requesting a waiver of screening requirements must submit a map to the City Council showing that the outside storage area is so situated that it will not be an eyesore, and is sufficiently distanced from any residences. 46. Community Health Centers. 47. Rodeo Grounds. All AG, I -2 48. Outside storage, subject to the requirements I -1 of Section 38. A site plan is required. slake \480- c.ord(4291) -52- 49. Non - commercial radio and television receiving antennae and non - commercial radio transmitting antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling or use facing a public street), and further provided no electrical, radio or television signal interference is created which would adversely affect such signals, whether audio or visual, to nearby dwellings and other permitted uses. Any and all television satellite dishes shall be installed in the required rear yard in such a manner as to reduce or eliminate their visibility from all public rights -of -way. 50. Accessory buildings located in the front yard. 51. In -home daycare per state regulations. 52. In -home swimming lessons. 53. Gasoline filling station in conjunction with a convenience store. SECTION 52 AG, RE, SF -lA, SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2 SF -1A, SF -1B and RE RE, SF -1A, SF -1B, SF -30, SF -20A, SF- 20B RE, SF -1A, SF -1B, SF -30, SF -20A, and SF -20B C - 1 " 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 53 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 slake \480- c.ord(4291) -53- 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 54 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 55 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 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 56 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. slake \480- c.ord(4291) -54- SECTION 57 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 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 58 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 1991. ........... :DSO � "mss OR .�' ya ATT ST: ''�i��� "• *� * �����'�� TY SECRETARY V;,�SSED AND APPROVED ON SECOND READING ON THIS - DAY OF 1991. X. ATTES CI Y SECRETARY slake \480- c.ord(4291) -55- APPROVED AS TO FORM AND LEGALITY: City Attor ey Date: ADOPTED: EFFECTIVE: slake \480- c.ord(4291) -56- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH SS1EET•FORT WORTH,TEXAS 76102 livSTATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 SITE TOTAL RATE AMOUNT -----_- l INCH/LINE APR 13 , 6682206 CL . 358 1X124L 124 . 60 74 . 40 april 13 ORDINANCE NO.480-C AN ORDINANCE AMENDING ORDI- NANCE ORDINANCE OF THE TEXAS BY REVISINNp COVERAGENINMRESI DENTIAL COMMER- CIAL AND INDUSTRI- AL DISTRICTS,. ZONING DE- LETINGSPCIAL EX- ' THETBARDWOF SPECIFICIUSELPER- SIGNED AD- JUSTMENT,. BY ADD- ING USES ZON- ING DISTRICTS AS D ITS; BY AMENDING t lb OF — �`�r 1991SE PLAN AND CON- , THIS S TPLANREOUIRE- AND SWORN TO BEFORE ME T NOTARY UBL TS IN RESIDEN- L COMMERCIAL � � � �(\_ AND INDUSTRIAL DIS- TRICTS, BY REVISING ;�,,� THE THE US- TARRANT COUNTY, TEXAS ES IN THE C-1 C-2 B-1 AND B-2 ZONING bIS- TRICTS•BY REVISING THEA OTHERRDEVEL- ." •••� ta�r�p�ti j OPMENT REQUIRE- i.747:****I' I it 01 AFFIDAVITS AND SI- IN THECG 1CS- -- KAi1iRYN SFE\C R THEREBYREVISSINCOMMISStOPVEXpRES THE REGULATIONS IN THE S-P-1 AND S-P-2 ��ot1� �, ZONING DISTRICTS; i BY REVISING PARK- to,„ t ‘= ING REQUIREMENTS; J�1 ��, r v BY REVISING SUP- �V �Oti„60 PLEMENTARY DIS- TRICT REGULATIONS - TYGSEWAGEVDISP105 ie" TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT 'N1 I AL AND OTHER RE- UIREMENTS- BY REVISING REGULA- TIONS AFFECTING SWIMMING IPTHAT REMIT TO : 400 W . SEVENTH, FW, TX 76102 THIS ORDINANCE SHALL BE CUMULA- yyy y�[yy�[y Yy yyyyyy �( �( CLA OF ALL ILITY Star-Telegram FE V,NANCES PROVIDINGERABILITY CLAUSE PROVIDING LATIONSTHEREOF I PROVIDING A SAV- ACCOUNT C I T 5 7 AMOUNT 74 . 40 ! INGS CLAUSE• PRO- NUMBERCU DUE TION IN PApMPBHLET FOR MENGRSSSMENT PAGE AND ENROLLMENT. IF I PROVIDING INFTTHPUB- LICATION ANDOF- FICIAL ARM EFFECTIVE DATE. SECTION 54 Any person,who violates,disobe , )mits neglects or refuses to :MOW wIM or who resists the >nforcement of any of the Dro- iislons of this ordinance shall ,*fined not more than Two ORIGINA Thousand Dollars(12,000.00) TY OF SOUTHLAKE or each offense. Each day 7 4 4 0 hat a violation ipermitted •7 N CAR R O L L PLEASE PAY , o exist shall constitute a THIS AMOUNT eparate offense. .UTHLAKE TX 76092 0 SECTION re ATTN : SANDY LEGRAND ,e City of Soufhlakeaie ex- ressly saved as to any and all lolations of theprovisions of Irdinanceoro other p,asnc enf- PLEASE WRITE IN AMOUNT ENCLOSED J,or any other ordinances af- ruend9 of fthewtilmeh ofethe fective date of this ordl- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVETH STREET•FORT WORTH,TEXAS 76102 0uSTATE OF TEXAS nty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELf,FY ALLARD 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 IN TOTAL CH/LINE AMOUNT APR 05 6678659 CL . 358 1X89 L 89 . 38 33 . 82 ORDINANCE NO.480-C a p r i l 5 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THE COM- _ .................... PREHENSIGEZONING CITY OF SOUTHLAKE THEAMAXIMUM LOT COVERAGE IN RESI- DENTIAL COMMER- CIAL AND INDUSTRI- AL ZONING ..._... -__,.,_....._.__.__..__._�..._..._..._.. . _.._........ ..... ....,_. DE- LETING SPECIAL EX- CEPTION POWERS OF THE BOARD OF AD- JUSTMENT).BY ADD- ING USES IN ALL ZON- ING DISTRICTS AS SPECIFIC USE PER- MITS; SIGNED BY AMENDING , , PLAN AND CON- ' .-•--- - TPLANREQUIRE- 4ND SWORN TO BEFORE ME , THIS THE 8th DAY 0 JUL, 1991 TS IN RESIDEN- NDINDUSTREALDIS- NOTARY PUBLIC TRICTS•BY REVISING "' THE PERMITTED US- ES IN THE C-1 C-2 B-1 TRIDC S;BvREV SINS TARRANT COIN Y, TEXAS THE FLOOR AREA AND OTHER DEVEL- .,,,lL,,� v�vc.*sa�•a.wVav:..•,.. IN REQUIRE- MENTS -4 :11.;Vi) q AND I-1 ZONING bIS- 0'... kte.'4, KATHRYN 1. SPENCER 01. AFFIDAVITS . TRICTS•BY REVISING ..V +.n/ THE REGULATIONS IN (•; THE S-P-I AND S-P-2 L : N COMMISSION EXPIRES # ZONING DISTRICTS; I'� 'v +r JANUARY 28. 1995 BY REVISING PARK- �9,•.,.,...��_ ING REQUIREMENTS; '‘ • :S�OF-- A BY REVISING SUP- PLEMENTARY DIS- TRICT REGULATIONS �1 !, ,, REGARDINGVISIBILI- 1 — TY, SEWAGE DISPOS- AL AND OTHER RE- — TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - QUIREMENTS• BY — REVISING REGULA- TIONS AFFECTING SWIMMING POOLS• PROVIDING THAT THIS ORDINANCE REMIT TO : 400 W . SEVENTH , FW , TX 76102 FSHALL BE CUMULA- TIVE OF ALL ORDI- NANCES• PROVIDG h A SEII:TaO R FOR ar e e ram ` x1� RCLAUSE F.E. ! 10 ► 78197 A PENA ; PROVIDING A SAV- INGS CLAUSE PRO- ACCOUNT AMOUNT VIDINGFOR PJBLICA- NUMBER C I T 5 7 DUE 33 . 82 TION IN PAMPHLET FORM; PR VIDING FOR ENGR SSMENT AND ENROLLMENT; PAGE LOF 1 PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER,. AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED IN SECOND READING ON THIS THE 2nd day of April, 1991. Gary Flckes Ma or of Southlake ATTEST: Sandra L.LeGrand City Secretaryas to OF SOUTHLAKE 1 Approved ap ne KK..Olsonform: O R I G I N A L ,/ City Attorney bb ( II CARROLL PLEASE PAY h. 33 . 82 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED