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480-FORDINANCE NO. 480-F AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINi~NCE OF THE CITY OF SOUTHLAKE, TEXAS, BY REVISING SECTION 45 "SPECIFIC USE PERMITS" TO PROVIDE FOR THE LOCATION OF CHURCHES, SYNAGOGUES, TEMPLES AND OTHER SIMILAR FACILITIES FOR WORSHIP IN ALL ZONING DISTRICTS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINA-NCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City 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 necessary to amend Ordinance No. 480, location of churches, synagogues, facilities for worship as specific categories; and as amended, to authorize the temples and other similar use permits in all zoning 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 SOUT~LAKE, TEXAS: SECTION i That Section 45.1 of Ordinance No. 480, as amended, is hereby amended by revising specific use number 2 to read as follows: SPECIFIC USE DISTRICTS WHERE PERMITTED 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and education, subject to the following conditions: ALL 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 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, and 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. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the city of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 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 5 Ail 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 6 The City Secretary of the city of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 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 -4- within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 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 ATTEST: . ~CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS / ~ DAY OF - YOR / AT,ST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: -5- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeareILT,EY 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 : CA7E AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCWLINE MAY 22 6874331 CL . 358 1X63 L 63 • 40 25 . 20 May 22 P . O . # ORD . 480-F ORDINANCE NO.480-F AN ORDINANCE AMENDING ORDI NAO0AAAMENDEDTHECORiNEEOTHEODINANCOF - CITY BSYOREVISING SECTION 45"SPECIFIC USE PERMITS" TO PROVIDE OFORTHEL TEMPLES ANDOTHESR SIMILAR FACILITIES FOR WORSHIP IN ALL PROVIDINGTRTHAI THIS ORDINANCE SIGNED SHALL BE CUMULA- l�// U NANCESF A-6VIODING SWORN—TO BEFORE M E , T I S THE 27Th ., _Y--O MAY, 1992--- - --CLAUSE, PROVIDING SEVERABIDING NOTARY PU L --�'� CLAUSE; PROVIDING � \�\*he� ` , FOR A PENALTY FOR ,�\ `mot PROVIDINGHARSAV= INGS CLAUSE PRO- TARRANT COUNTY, TEXAS VIDING FOR PUBLICA- TIONIN PAMPHLET __._._ _ — ..---...... _... _. .. ...... ........._.__ -_ FORM PROVIDING FOR PUBLICATION IN db,o4o,N,ye�O 'xE THE OFFICIAL NEWS- PAPER;ANAEFOFECOVID- pilt-pr N, i SPEN .R_.._ DATE. # sor' 'i ]_s trar,,,,� 0 COMMISSION EXPIRES SECTION 4 d�•: '-1 o lgCS Any person,firm or COrpo- Y / .,r*, lANUARY 28 .... .._..._.. ._.._.__... .. JE'iPU r refuses to 'oresiststhe ���/IIIFFF")))'"`y of the pro-e th n TwoThoand ollars l�{2000.N) AR ALO THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—� that each offenses permitttedday exist shall constitute a sepa- PASSEDANDAPPROVED REMIT TO : 400 W . SEVENTH, FW , TX 76102 INSECONDREADINGTHIS THE 19TH DAY OF MAY, G ry Fickes M F�E!V,!'. '�G�: i► D(X Xd�dC�41�6�d X Xd4�XX ilG�(rl6JtX1Xw1(�(X)61-zost F., O],m7AFrce, ,..optr IStar-TelegramApproved as form E. ten` ACCOUNT C I T 5 7 AMOUNT 2 5 • 2 0 Taylor Jr.,City Attorney bur ,. NUMBER DUE �` 1 PnGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 25 . 20 SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tbrt Worth tar !'e1egram *<*IlvvOicr.;AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 , --E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared KELI,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 : or.;. ')ATE 1 AD INVOICE NO. DESCRIPTION AD SIZEoNE RATE AMOUNT MAY 08 6867321 CL . 358 1X70 L 70 . 40 28 . 00 May 8 P . O . # ORD . NO . 480-F NOTICE OF PUBLIC HEARING NOTICE 15hereby91vent0 II Interested persons that theC�l- ty Council of the City of South- I lake Texas,will be holding a ubIIf hearing during R egu la r City Counci l meeting to be held on May 19 1992,at 7:00p.m. Southlakecity Hall, 667 North Carroll Avenue, Southlake,Texas. __-- Prpose of the hearing s to considerthesecondree ingof the followingy ordln noe: AMENDIN IN NCE 6).,( 1 AN ORDINANNCE AMENDING ORDI- NANCE NO. 480 AS S I G N E AMENDEpp THE EOM- UBS�RIBED A D PREHENSI�/EZONING )RE ME , T IS THE 12 h DA Y 1 2 RDINANCE rL THE I dii g x s REVISING NOTARY P U ' SECTIdN4S"SPECIFIC �i>: �i� USE PERMITS" TU c '' \_ LOCO TONFOR ToFrS LO2ATtikIS MPL s TARRANT COLNTY, TEXAS AND OTH'ERSIMILAR FACILITIESF WOR- •'0•`ke+�OO . p,e,ye,�, SHIP IN ALL Z NING r DISTRICTS PROVID- -., -'' ING THAT tHIS ORDI- :i a •nrrl NANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES PRO- VIDINGASEVE'RABIL- , , til ITY CLAUSE PROVID ING FOR A PENA`TY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; PROVIDIN FOR PUB- TEAT LiCATI N IN PAM- ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT V DINGFORM; FOR PUBLICATION IN THE OFFICIAL NEWSPA- ANEFFEDCTRIVEDATE REMIT TO : 400 W. SEVENTH, FW , TX 76102 SECTION 4 Any person,firm or corpo- ration who violates,disobeys, 7101rt omits neglects or refuses To r a F?E:CT?'C;: �.• 1 IX(X�{ �(1�(.51(X IXIVX MOH Xl*X 7X1X1-2051 comp�y w lth or who res i s i s the, AC EYv.;iyotie Of anyrr then rw i vlslonsofihisordinanceshall0 w cit T�Iwf1u and Dtol aors(ts2a000 00) ACCOUNT (ITS? AMOUNT 28 . 00 for each offense. Each day DUE that a violation ispermlttedto - - --- -- - J exist shall constitute a sepa- 1 1 Clay of Southlake OF Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 28. 00 SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT IF ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED