480-J ORDINANCE NO. 480-J
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUT~E,
TEXAS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR
THE PLACEMENT AND HEIGHT OFANTENNAS; REGULATING PORTABLE
BUILDINGS; REQUIRING A PLOT PLAN FOR TEMPORARY CONCRETE
BATCHING PLANTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVF~{ABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN ~"~{E 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 council adopted Ordinance No. 480 as the
Comprehensive Zoning Ordinance of the city; and
WHEREAS, the city council has determined that Ordinance No.
480 should be amended to provide regulations for portable
buildings, temporary batching plants, and the placement and height
of antennas in the city; and
WHEREAS, the planning and zoning commission and the city
council have published notice and held public hearings with respect
to the amendment of the Comprehensive Zoning Ordinance as required
by law; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1. That Section 4.2 of Ordinance No. 480, the
Comprehensive Zoning Ordinance of the City of Southlake, as
amended, is amended by adding the following definitions:
"ANTENNA - Any apparatus, external to, or attached to the
exterior of a building, together with any supporting structure for
sending or receiving electromagnetic waves.
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DISH ANTENNA - Any antenna which incorporates a reflective
surface that is designed to transmit or receive microwave signals
from terrestrial and/or orbitally based uses.
GROUND MOUNTED ANTENNA - Any antenna with its base mounted
directly in the ground, even if such antenna is supported or
attached to the wall of a building.
NONCOMMERCIAL USE - Any use permitted in the "AG," "RE,"
"SF-1A", "SF-1B," "SF-30," "SF-20A," "SF-20B," "R-P.U.D.,"
"MF-1 ," "MF-2," and "MH" districts.
NONRESIDENTIAL USE - Any use permitted in the "O-1," "0-2,"
"C-l," "C-2," "C-3," "C-4," "B-i," "B-2," "I-l," "I-2," "HC," "CS,"
"S-P-l," "S-P-2," and "Nonresidential P.U.D."
POLE MOUNTED ANTENNA - Any antenna with its base mounted to a
pole which is supported by the ground or attached to the wall of a
building.
ROOF MOUNTED ANTENNA - Any antenna with its base mounted
directly to the roof or any projection from the roof (i.e.
chimney)."
SECTION 2. That Section 34.1 of Ordinance No. 480, the
Comprehensive Zoning Ordinance of the City of Southlake, as
amended, is amended by adding Paragraph bb to read as follows:
"bb. Noncommercial and nonresidential antennas: Ail antennas
must be inspected and permitted by the building official in
accordance with the city's building code. The height of
antennas shall be measured in the same manner as the height of
a building as determined in accordance with Section 4.2.
Antennas installed for the purpose of municipal communications
are exempted from the requirements of this section.
Noncommercial television satellite
dishes and noncommercial radio and
television receiving antennas:
(i)
AG, RE, SF-1A,
SF-1B, SF-30,
SF-20A, SF-20B
R-PUD, MF-1,
MF-2, MH PLOT
PLAN REQUIRED
A:%ANTENO~D.SL
O4/13/93 --2--
Satellite dishes (1 per site)
Type: Max. Ht. Dish Size
(Max. Diameter)
Roof Mount 35' 10'
Pole Mount 35' 10'
Ground Mount 15' 10'
TV Receiving Antenna (1 per site)
Roof Mount 35' NA
Pole Mount 35' NA
(2)
(3)
Noncommercial radio transmitting
antennas limited to 65' in height.
Must be located behind the principal
dwelling, but not in the rear yard.
Must be no closer to a property line
than the maximum height of the
antenna. (Complaints concerning
electrical, radio, or television
signal interference shall be
referred to the FCC.)
Other antennas, telecommunication
facilities, or towers, accessory to
the principal permitted use on site:
Not exceeding 35' in height
Location
Rear of roof not
visible from
public R.O.W. in
front of dwelling
Rear yard: k 10'
from rear proper-
ty line & k 10'
from side proper-
ty line or behind
the principal
dwelling but not
in the side yard
(not visible from
public R.O.W.
in front of
dwelling)
Rear of roof
Behind the prin-
cipal dwelling,
but not in the
side yard
AG, RE, SF-1A,
SF-1B, SF-30,
SF-20A, SF-20B,
R-PUD, MF-1,
MF-2, MH PLOT
PLAN REQUIRED
C-2, C-3, C-4,
PLOT PLAN
REQUIRED
Not exceeding 65'
in height
B-i, B-2, I-l,
I-2, PLOT PLAN
REQUIRED
O4/13/93
(4)
Nonresidential satellite dishes
accessory to the principal
permitted use on site
O-1, 0-2, C-i,
C-2, C-3, C-4,
B-l, B-2, I-l,
I-2, HC, S-P-2,
S-P-1, CS
Nonresidential
P.U.D.
PLOT PLAN
REQUIRED
Type: Max.Ht. Dish Size
(Max.Diameter)
Roof Mount 35' 10'
Location
Rear of roof not
visible from pub-
lic R.O.W. in
front of princi-
pal structure
Pole Mount 35' 10'
Ground Mount 15' 10'
Rear yard: ~ 10'
from rear proper-
ty line & ~ 10'
from side proper-
ty line or behind
the principal
structure but not
in the side yard
(not visible from
public R.O.W. in
front of princi-
pal structure)
SECTION 3. That Section 44.12 of Ordinance No. 480, the
Comprehensive Zoning Ordinance of the City of Southlake, as
amended, is amended by adding Paragraphs 7 and 8 to read as
follows:
7. Portable buildings not otherwise
permitted under this ordinance,
subject to the following requirements:
Ail except RE,
SF-1A, SF-1B,
SF-30, SF-20A,
SF-2OB, MF-1,
MF-2, MH, PLOT
PLAN REQUIRED
a. Approval of a portable building shall be on a
temporary basis only. Any permit granted hereunder shall
be for a maximum period of three (3) years subject to
renewal for additional one (1) year periods.
b. Ail portable buildings shall be constructed in
accordance with the appropriate state or federal code
which regulates their construction or shall meet all
requirements of the City's building code.
O4/13/93 --4--
c. Portable buildings shall be placed upon a
permanent foundation and shall have a masonry facade
meeting the requirements of the City's Masonry Ordinance.
In addition, hard surfaced parking shall be provided for
portable buildings. The Board may waive these
requirements where it determines that due to the location
of the portable building on the premises or due to other
unique circumstances, the requirements are not necessary
to protect the health, safety and welfare of the public
and that they would impose an unnecessary hardship on the
applicant.
d. Portable buildings shall be maintained in a
neat and presentable condition at all times. Upon
expiration of the special exception use permit, the
portable building shall be immediately removed and the
premises shall be restored to their previous condition.
e. The plot plan submitted with the application
shall contain a narrative explanation describing the
applicant's plans to transition the portable building to
a permanent structure.
8. The erection and maintenance of antennas,
satellite dishes, telecommunication facilities
or towers in excess of maximum height regulations
or maximum dish size for this district where
such structures are related to principal permitted
uses occupying the structures to which they are
external to, attached, or affixed.
ALL
SECTION 4. That Section 45.1 of Ordinance No. 480, the
Comprehensive Zoning Ordinance of the City of Southlake, as
amended, is amended by amending Paragraph 25 to read as follows:
"25. Temporary concrete batching or
transient mix plant exceeding
90-day approval plus one 30-day
extension."
ALL
PLOT PLAN
REQUIRED
SECTION 5. 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
%he provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 6. 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 7. 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 8. The City Secretary of the City of Southlake is
hereby authorized to publish this ordinance in book or pamphlet
form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in
evidence in all courts without further proof than the production
thereof.
SECTION 9. The City Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a public 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
A:\ANTENORD.SL
O4/13/93 --6--
additionally publish this ordinance in the official city newspaper
one time within ten days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10. This ordinance shall be in full force and effect
from and after its passage and publication as required by law, and
it is so ordained.
PASSED AND APPROVED ON
FIRST READING ON THIS (/~f/ DAY
ATTEST: , ~ /
~TY SECRETLY
OF
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ADOPTED:
A:\ANTENORD.SL
O4/13/93 -7-
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
)unty of Tarrant
Before me , a Notary Public in 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 :
TOTAL
DATE AU INVOICE NO i DESCRIPTION 1 AD SIZE INCH/LINE RATE AMOUNT
APR 23 2451603 CL . 358 1X68 L 68 . 43 29. 24
Apr 23
NOTICE OF PUBLIC I P • O • # OR D 4 8 0-J
'NOTICE IS HEREBY GIV-
ICITIZENSthayyltftheCi City
Texas wlell be holdin��9goetpphubllc
hearing on May 4,1993 b In-
ning at 7:00 P.m., in the-City - -- -
Council Chambers of City
Haln e, Soouthlake Carrollxas Ave-
nue,of the hearing is to con-
sider the following ordinance
in public hearin as follows:•
RDINANCC NO.480-AN E
AMENDING ORDI-
i NANCE NO 480 AS
PREHEDNSD ZONING
THE ZNO G• ��
ORDINANCE OF THE SIGNE 'f4-c.`-."
TEXASF PROV DINED
FINITIONS; PRO- AND SWORN TO BEFORE ME, T IS THE TH DAY OF M Y, 1993
DING REGULA- NOTARY PUELIC `J/! \\
A C E M E FOR
AND sue\*.-�� �� \�`
IGHT OF ANTED-
NAs, REGULATING TARRANT COLNTY, TEXAS
NEST PORTABLE
NG A
PLOT PLAIN FOR TEM-
PORARY CONCRETE
BATCHING PLANTS
PROVIDING T H A 1` ,,,y,y,`H.y...,,WwskAsocs-Kvell s^
THIS ORDINANCE
SHALL BE L ORDI- ,=,P°"```9'ia KATHRYN I. SPENCER
TIVE OF ALL ORDI- ,
DANCES; PROVIDING :� COMMISSION EXPIRES
A SEVERABILING d
CLAUSE; PROVIDING -
FOR APENALTY FOR r".... +-s JANJARY 28, 1995-
VIOLATIONS; PROVID-
ING A SAVINGS �h� F��
CLAUSE PROVIDING
PAMPH�LETAFORM-
PROVIDING
CI IFTHE OF- —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----..
FICIAL NEWSPAPER - A
AND PROVIDING AN
EFFECTIVE DATE.
Section 7.Any person firm
or corporation who violates, REMIT TO : 400 W. SEVENTH , FW , TX 76102
disobeys, omits, neglects or
refuses tocomply with or who
of the provisions of fhisooard
Hance shall be fined not more Star-Telegram PEW
'c I• ��XX1X XR RX1-zos
than Two Thousand Dollars
EEach day that a violation Is ACCOUNT AMOUNT
Cute a separate
offense
stl- NUMBER C I T 5 7 29 . 24
Cute a separate offense. DUE
City
aSL LelGlrand
City Secretary
1 I
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 29. 24
PLEASE PAY ih.
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
•
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
)unty of Tarrant
Before me , a Notary Public in 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 AD SIZE RATE AMOUNT
TOTAL
INCH/LINE
MAY 07 7063961 CL . 358 1X---L 0 11 . 52 11. 52
May 7
ORDINANCE NO.480-J
AN ORDINANCE
AMENDING ORDI-
AMENDEDOTHEOCOM
PREHENSItIE ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE
TEXAS PROVIDING`
DEFINITIONS; PRO-
VIDING REGULA-
TIONS FOR THE
PLACEMENT AND
HEIGHT OF ANTEN-
NAS; REGULATING
PORTABLE BUILD-
INGS REQUIRING A
PLOT PLAN FOR TEM-
PORARY CONCRETE
BATCHING PLANTS- �.' ��
PROVIDING THAT SIGNED f - ',c4.`�
THIS ORDINANCE ,�
ne LOP ALL oRoi- JD SWORN TO BEFORE ME , THIS THE 13Th DA OF MAY, 1 93
NANCES; PROVIDING
CLAUSE EPROVIIDIING NOTARY PUBLI i_C _��_
FORA PENALTY FOR
VIOLATIONS;PROVID-
ING A SAVINGS
CLAUSE PROVIDING T , RRANT COUNTY,—TEXAS
FOR PUBLICATION IN
PAMPHLET FORM; ���'�ooz- - -a,ive... .6 .,
PROVIDING FOR PUB- ^O�pNy n�hi
LIGATION IN THE OF-
FICIALSPENCER
NEWSPAPER - �?- �-...KU i•.YPJ...J....SPENCER
AND PROVIDING AN
EFFECTIVE DATE. CO# .
SECTION 7. Any person, ,� C�t '�ISS�QIJ EXPIRES'
firm or corporation who Y' 1
violates,disobeys,omits,ne- /�i,;FR + JA-VARY..2& igs,5
glects or refuses to comply ,,,-..:,,—'7 -.-.............__...
with or who resists the en-
forcement of any of the provi- µ
sionsofthisordlnanceshallbe
fined not more than Two Thou-
sand Dollars ($2000.00) for
each offense.Each day that a AR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
violation is permitted to exist
shall constitute a separate of-
fense.
PASSED AND AP-
PROVED BY THE CITY
COUNCIL OF THE CITY OF
SOUTHLAKE THIS THE REMIT TO : 400 W • SEVENTH, FW, TX 76102
4th,DAY OF MAY,1993
r,
Gary Fickes,Mayor of
Attest:
Sandra REMIT TO. t► �(],g(�;,g�)QJ"i'�,�pg �}•�,r ,p�,7 1p1-zosl
Attest: X 1l 7l 1l 1�1�1l!l°!l]C J�1��J�J�7l Jt 1�Jl Jl
r-o)Sandra L.LeGrand,City # r e e tarn
Secretary
roved as to form: 1
ayne K.Olson,City ACCOUNT AMOUNT
Attorney NUMBER C I T 5 7 DUE 11. 52
f,
PAGE F 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 11. 52
SOUTHLAKE TX 76092-8898 THIS AMOUNT PP
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED