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480-G ORDINANCE NO. 480-G AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY AUTHORIZING PRIVATE RESIDENTIAL GARAGES, CARPORTS, AND RELATED STORAGE BUILDINGS AND GREENHOUSES AS ACCESSORY USES IN THE "MH" DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIQNS 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 ×I, 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, as amended, to specifically a~]thor[ze the location of private residential garages, carports, and related storage buildings and greenhouses accessory to permitted residential uses in the "MH" zoning district; and WHEREAS, the City Council has given published notice and held public hearings w4th respect to the amendment of the Zoning O~-dinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0f SOUTHLAKE, TEXAS: SECTION 1 That Section 34.1(e) of Ordinance No. 480, as amended, is hereby amended by revising such accessory use to read as follows: ACCESSORY USE DISTRICTS WHERE PERMITTED e. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted residential uses. AG, RE, SF-1A, SF-1B, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.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 ol 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 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 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for genera] distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence ~n 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 oil 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 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 ... % .. .... ..¢. ~.. ~YOR / ~. A · ~% 5~: :~ ~ ATT~T: . , ~; ~ ~ ATTEST: . , ~ '.. .. S ~IT~ SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 7~ [ -~*'~-- · ADOPTED: ~/~L~/~ ~ / ~ ~ ~ EFFECTIVE: //~//~..~ ~, /f--/'~--- ...... Cify ol Southlake, Texas MEMORANDUM June 8, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-G: Revisions to Section 34, "Accessory Uses" .. Attached please find Ordinance No. 480-G which proposes adding the "MH" district to the permitted districts for "private residential garages, carports, and unrelated storage buildings and greenhouses accessory to permitted residential uses" noted in Section 34.1 (e). This action was initiated by a letter to the Mayor from Brian Hugghins who would like to construct a carport on the front of his manufactured home at 1218 Woodsey which is zoned "MH." As requested by the City Council on April 21, 1992, information was requested from. surrounding cities regarding carports. Of those reporting, all treat them as accessory structures with no additional restrictions with the exception of the City of Plano where restrictions were added that would prohibit owners from installing a door on the front of the carport and leaving the other three sides open. On May 21, 1992, the Planning and Zoning Commission recommended adding the "MH" district to the referenced section. They felt that it was appropriate to treat carports as any other accessory structure and to allow them in the front of the primary structure as long as they did not encroach into the required front yard setback. On June 2, 1992, the City Council approved (5-2) the First Reading of Ordinance No. 480-G as submitted. KPG Fort Worth Star-Telegram _ • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ***INVOICE/AFFIDAVIT***'NhlT.CE/AFFIDAVIT*** THE STATE OF TEXAS unty of Tarrant before me, a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL 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 AD INVOICE NO. DESCRIPTION r r'Ta RATE AMOUNT AD SIZE JUN 19 6889558 CL . 358 1X61 L 61 . 40 24 . 40 June 19 OANN DINAORDINA80CEE P . O . # 480-G • AMENDING ORDI- NANCE NO. 480 ASRHE OGPENSII/E ZONING -- - - — - - -ORDINANCE SUTHLAKE TEXAS BYAUTHORIZ- ING PRIVATE RESI- DENTIAL GARAGES, CARPORTS, AND RE- LATED STORAGE BUILDINGS AND GREENHOUSESASAC- CESSORY USES INTHE MH"DISTRICT-PRO- VIDINGTHATTFHISOR- G9/ . DINANCE SHALL /k/'-�"— E CUMULATIVE OF ALL - .....__ ORDINANCES PRO- VIDING r ASEVERABIL- ,IL{ ITY CLAUSE PROVID- SIGNED ING FOR A PENALTY °^R VIOLATIONS AND SWORN TO BEFORE ME , THIS THE 23RD DAY OF JUNE, 1992 REOF; PROVIDING SAVINGS CLAUSE; OVIDING FOR PUB- NOTARY PUBLIC VIDINGFORM; FOR _......_. __ ._._.-. PUBLICATION IN THE TARRANT COL NTY, TEXAS OFFICIAL NEWSPA- PER;AND PROVIDING AN EFFECTIVE DATE. SECTION 4 y� �r� 0, Any person,firm or corpo ��,���'�'�•��M~�~ r[jI ration who violates,disobeys, Rv`��'� omits neglects or refuses to i4••' 4,1 KATHRYN complywithorwhoresiststhe O' ` '•��t� MTNR.� 1• SPENCER enforcement of any of the pro- ��_• .iCO MISSICNEXPIRES visions of thisordinance shall pit be fined not more than Two i,r+... .r'"y 1J9J Thousand Dollars(S2,000.001 r . LU A for each offense. Each day ��tsr•., .,,,ems 1 �UARY thata violation is permitted fo II :':F.O:.. exist shall constitute a sepa- �� ,� r^` — PASSED AND APPROVED ���(((,,,,,, Illyyy"'lll-.. --.- THECON D EADINAY OF JUNES I--TEAR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----„, 1992. Gary Fickes, ke Sandra.Leer nd REMIT TO: 400 W . SEVENTH , FW , TX 76102 Sandra L.LeGrand, City Secretary Approved as to form:Ftpy thStar-Telegram FiElv:iT TO: � 1 1yyyyVHy10YXXy�yVyfKWXyX4yyY1-2051 ACCOUNT CIT57 AMOUNT 24 . 40 NUMBER DUE 1 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 24 . 40 SOUTHLAKE TX 76092-8898 PLEASE PAY , ATTN : SANDY LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED __. _ Fort Worth Star-Telegram ***INVOICE/AFFIDAvIT***INVOICE/AFF DA; . T*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TuE STATE OF TEXAS unty 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 : DESCRIPTION AD SIZE TOTAL RATE AMOUNT DATE AD INVOICE NO 1___ INCHiNi JUN 0516880838 CL . 358 1X68 L 68 . 40 27 . 20 NOTICE OF June 5 PUBisLIC HEARINGIves P . O . # ORD . 480-G NOTICE L hereby to all - -- ---- --- - interested persons that the Ci- tv Council of the City of South- llake Texas,will be holding a " itnitg the Regularhearing to be held on June 16 1992,at 7:00p.m. SouthlakeLityHall, 667 North Carroll Avenue, Southlake,Texas. __... ....__. .......... -__ ...... ..-_.. _._ _-. --_ -_.. _.-. -. . Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.•iPC "'-- - AN ORDINANCE AMENDING OPDI- AMENDEDOTHEOCOM PREHENSIc/E ZONING _.. -.. -...._... _._. da ORDINANCE OF THE CITY OF SOUTHLAKE, SIGNED T=XAS.BY AUTHOR IZ- N D SWORN T O--B-EFO R E ME, THIS THE 5' 4 q_y-_._OF___ JUNE, 1992 NG PRIVATE REST- iENTIAL GARAGES, NOTARY P BLIL _ARPORTS, AND RE- _� -.` LATED STORAGE ..._. ..__.._.. -_. _...... BUILDINGS AND GREENHOUSES ASAC- CESSORY USES IN THE TARRANT COUNTY, TEXAS "MH"DISTRICT PRO V I D I NG,THAT T I4 I S OR- :r'✓wc�.r..� .... _ -....._.. DINANCE SHALL BE a .t'( CUMULATIVE OF ALL ; r-. . ‘''4 t(Ali'RYN ). SPENCER OVIDINGASEVERAB�- ? COMMON a. ITY CLAUSE{.,PROVID- _ ........._-.. --_.__ ......_....... ,. . ,�1(:�id1h"JSSlQN EXPII� �.._-. ING FOR A PENALTY 'D.. it- JAMiIARY 23, 199� `p FOR (PROVIDINS G /j 91�'\`OF�� A SAVINGS CLAUSE; PROVIDING FOR PUB- P LICATION IN PAM- PHLET PRO- VIDING FORM; PRO- 1 PUBLICATION IN THE /,ill) OFFICIAL NEWSPA- PER;AND PROVIDING -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----,, AN EFFECTIVE DATE. SECTION 4 Any person,firm or corpo- ratlonwhoviolates,disobeys, REMIT TO : 400 W . SEVENTH , FW , TX 76102 omits neglects or refuses to comply wither who resists the enforcement of any of the pro- nce sh ll F b fined not more Two be fined not more than Two x yy yy yyyy yy yyy yy �(�(y y y y y y y Thousand Dollars($2,000.00) fiEtili I I L: V *.O.BOX`g(9105`Ir1'I` R7P1`T�PI. L'X749'76r1'01-2051 day Cfxatayst ir oiltcffioonnisoermense. e a se�Pa tar.,Telegramire offense. ACCOUNT C I T 5 7 AMOUNT 27. 20 ty of Southlake DUE andra L.LeGrand , NUMBER City Secretary -•ipe 'i PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 27 . d0 SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED