480-NORDINANCE NO. 480-N
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS BY REVISING REGULATIONS AFFECTING
NONCONFORMING USES AND STRUCTURES; PROVIDING FOR THE
AMORTIZATION OF NONCONFORMING USES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
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
WHF~REAS, the City Council of the City of Southlake now deems it necessary to
amend Ordinance No. 480, as amended, to provide specific regulations governing
nonconforming uses and structures and the amortization of nonconforming uses under
specified guidelines; and
WI:IERFAS, 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 ~ CITY
OF SOUTHLAKE, TEXAS:
f:\files\muniXslakeX~rdinanc\480-N002-fia (06-28-94)
SECTION 1.
That Sections 6.4, 6.5 and 6.6 of Ordinance No. 480, as amended, are hereby
amended to read as follows:
NONCONFORMING USES OF LAND - Where, at the effective date
of adoption or amendment of this ordinance, lawful use of land exists
that is made no longer permissible under the terms of this ordinance
as enacted or amended, such use may be continued, so long as it
remains otherwise lawful, subject to the following provisions:
ao
No such nonconforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied
at the effective date of adoption or amendment of this
ordinance;
A nonconforming use, if changed to a conforming use, may not
thereafter be changed back to a nonconforming use. A
nonconforming use, if changed to a more restrictive
nonconforming use, may not thereafter be changed except to
an equal or a more restricted use;
No such nonconforming use shall be moved in whole or in part
to any other portion of the lot or parcel occupied by such use
at the effective date of adoption or amendment of this
ordinance;
do
No additional structures shall be erected in connection with
such nonconforming use of land.
6.5
NONCONFORMING STRUCTURES - Where a lawful structure
exists at the effective date of this ordinance or amendment thereof
that could not be built under the terms of this ordinance by reason of
restrictions on area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot, such structure may be
continued so long as it remains otherwise lawful, subject to the
following provisions:
ao
Such structure may not be enlarged in a way which increases
its nonconformity;
Such structure may not be altered in a way which increases its
nonconformity;
f:\files\muniknlak¢\ordinanc\480-N002.fin (06-28-94) 2
6.6
Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations of the
district in which it is located after it is moved.
NONCONFORMING USES OF STRUCTURES - If a lawful use of
a structure exists at the effective date of adoption or amendment of
this ordinance, that would not be allowed in the district under the
terms of this ordinance, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
No existing structure devoted to a use not permitted by this
ordinance in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally
altered except in changing the use of the structure to a use
permitted in the district in which it is located;
A nonconforming use, if changed to a conforming use, may not
thereafter be changed back to a nonconforming use. A
nonconforming use, if changed to a more restrictive
nonconforming use, may not be thereafter changed except to
an equal or a more restricted use;
Any nonconforming use may be extended throughout any parts
of a structure which were manifestly arranged or designed for
such use at the time of adoption or amendment of this
ordinance, but no such use shall be extended to occupy any
land outside such structure."
SECTION 2.
That Section 6.8 of Ordinance No. 480, as amended, is hereby amended to read
as follows:
"6.8 SPECIAL EXCEPTION USES/SPECIFIC USE PERMITS: NOT
NONCONFORMING USES - Any use for which a special exception
or 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 but which is no longer permitted under
this ordinance or amendment thereof shall be considered a
f:\files\muniXslakc\ordina nc\480-N002.fia (06-28-94) 3
noncor,.£orming use and shall be subject to all 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 6, "NONCONFORMING USES," of Ordinance No. 480, as amended,
is hereby amended by adding thereto new Sections 6.9, 6.10 and 6.11 to read as follows:
DISCONTINUANCE OR ABANDONMENT
a. A nonconforming use, when discontinued or abandoned, shall
not be resumed and any further use shall be in conformity with
the provisions of this ordinance. Discontinuance or
abandonment shall be defined as follows:
(1)
When land used for a nonconforming use shall cease to
be used in a bona fide manner for the nonconforming
use for six (6) consecutive months or for a total of
eighteen (18) months during any three (3) year period.
(2)
When a structure designed or arranged for a
nonconforming use shall cease to be used in a bona fide
manner as a nonconforming use for a period of six (6)
consecutive calendar months or for a total of eighteen
(18) months during any three (3) year period.
(3)
When a structure designed or arranged for a conforming
use shall cease to be used in a bona fide manner as a
nonconforming use for a period of three (3) consecutive
calendar months.
(4)
When land or a structure used only on a seasonal basis
is not used in a bona fide manner as a nonconforming
use during such season.
Discontinuance or abandonment shall be conclusively deemed
to have occurred irrespective of the intent of the property
owner if the nonconforming use was dilapidated, substandard,
or was not maintained in a suitable condition for occupancy
during the above time periods.
f:\filcz\muniXsiak¢\ordinanc\480~N002.fin (06-28-94) 4
Upon evidence of hardship, the Board of Adjustment shall have
the power to extend the time limits in paragraph a not to
exceed one (1) year.
6.10 DESTRUCTION OF NONCONFORMING USE
ao
If a nonconforming structure or a structure occupied by a
nonconforming use is destroyed by fire, the elements or
other~vise, it may not be reconstructed or rebuilt except to
conform with the provisions of this ordinance unless the
destruction amounts to less than fifty percent (50%) of its fair
market value at the time of destruction.
If the destruction is greater than fifty percent (50%) and less
than total, the Board of Adjustment may, after a public hearing,
authorize repair, taking into consideration the property owner's
circumstances and the effect on surrounding properties.
Where an individual structure or structures are destroyed by
more than fifty percent (50%), upon submission by the owner
of sufficient evidence to prove that the destruction amounts to
less than fifty percent (50%) of the total value of the entire
nonconforming use and that the destroyed structure or
structures constituted an integral part of the nonconforming
use, without which the nonconforming use cannot be profitably
operated, the Board of Adjustment may permit the
reconstruction of such destroyed structure or structures under
conditions which reasonably allow the owner to recoup his
original investment.
Notwithstanding anything herein to the contrary, a single family
residence which is destroyed shall be permitted to be
reconstructed without Board of Adjustment approval regardless
of the extent of destruction provided that the construction
complies with all current building codes and is commenced
within six (6) months of the date of destruction. The failure
of the owner to start such reconstruction within six (6) months
shall forfeit the owner's right to restore or reconstruct the
dwelling except in conformance with this ordinance.
If the owner of a nonconforming use fail~ to begin
reconstruction of the destroyed structure (when permitted to
do so by the terms of this ordinance) within six (6) months of
the date of destruction or approval by the Board of Adjustment,
the nonconforming structure or use shall be deemed to be
discontinued or abandoned as provided in Section 6.9 above.
f:\ files\muni\slak¢\ordinanc\480-N002.fin (06-28-94) 5
6.11 AMORTIZATION OF NONCONFORMING USES
The Board of Adjustment may from time to time on its own motion
or upon cause presented by interested persons inquire into the
existence, continuation or maintenance of any nonconforming use
within the City. The Board of Adjustment may take specific action
to abate, remove, limit or terminate any nonconforming use or
structure under reasonable guidelines as set forth in Section 44.3 of
this Ordinance. The concurring vote of four (4) members of the
Board shall be necessary to take any such action."
SECTION 4.
That Section 44.3 of Ordinance No. 480, as amended, is hereby amended by adding
new Paragraphs d, e and f thereto to read as follows:
Discontinuance or Amortization of Nonconforming Use - The
Board may require the discontinuance of a nonconforming use
or structure under a reasonable plan whereby the owner's
investment in the nonconforming use or structure can be
recouped through amortization over a definite period of time,
taking into consideration the general character of the
neighborhood and the necessity for all property to conform to
the regulations of this ordinance.
Reconstruction of Nonconforming Use - The Board may permit
the repair or reconstruction and occupancy of a nonconforming
structure or a structure containing a nonconforming use where
the structure has been destroyed in excess of fifty percent
(50%) but less than the total value as provided in Section 6.10,
provided such reconstruction does not, in the judgment of the
Board, prevent the return of such property to a conforming use
or increase the nonconformity of a nonconforming structure
beyond what is permitted by Section 6 of this ordinance. Such
action by the Board of Adjustment shall have due regard for
the property rights of the person or persons affected when
considered in light of the public welfare, the character of the
area surrounding such structure and the conservation,
preservation and protection of surrounding properties and their
values.
f:\files\muui~lake\ordinanc\480-N00Zfin (06-28-94) 6
f.
Resumption of Abandoned Nonconforming Use - Within the
limits prescribed in Section 6.9, the Board may review
nonconforming uses which have been abandoned or
discontinued to determine whether such uses should be allowed
to resume operation. Such action by the Board shall consider
any unnecessary hardship on the property owner if the use is
discontinued and shall have due regard for the public welfare,
the character of the area surrounding such use, and the
conservation, preservation and protection of surrounding
properties and their values."
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
the 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.
f:\files\muni~slake\ordinanc\480-N00Zfin (06-28-94) 7
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 ex/st shall constitute a separate offense.
SECTION 8.
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 9.
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 10.
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
f:\files\muniXslake\ordinanc\480-N00Zfin (06~28-94) 8
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 or its caption and penalty 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 11.
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 ~I]~7.~IN THIS ~-~[ DAY OF
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS .~ DAY OF
CItY SECRETARY
EFFECTIVE: G~/Zb, ~, ~t~q q
APPROVED AS TO FORM AND LEGALITY:
Cit~' Attorney
f:\files\muniXalake~ordinanc\480-N002.fin (06-28-94) 9
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
County of Tarrant
efore me , a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA 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 TOTAL INCH/LINE RATE AMOUNT
JUL 08 2704466' CL • 358 1X74 L 74 . 46 34 . 04
July 8
ORDINANCE NO.480N
AN ORDINANCE AMEND
ING ORDINANCE NO. 480,'
S AMENDED THE COM-
REHENSIVELONINGOR-
g INANCE OF THE CITY OF
ROEVISING REGULATIONS
AFFECTINr NONC N-
FOR^':...; ..�S AND
STR vCTUR LS; PROVID-
ING FOR THE AMORITIZA-
TION OF NONCONFORM-I - -
ING USES- PROVIDING'
THAT THIS ORDINANCE
SHALL BE CUMULATIVE' •
OF ALL ORDINANCES;
PROVIDING A EVERA-
FOR
BILITY CLAUSE;PROVID-
ING AT A PENALTYERFOR rr•
VIOLATIONS HEREOF.;
PROVIDING A SAVINGS •
CLAUSE;PROVIDING FOR
SUBSCRIBED AND SWORN PHLBET Fc M PROVID-, THIS THE 1211H )AY 0 JULY, 19
ING FOR PUBLICATION IN NOTARY PUBLIC `
III THE OFFICIAL ATIONI -
EFFECTIDVPROVIDING
DATIEINGAN • �/ )� ,ti - -
SECTION 7. C t/'�ri�
Any hovI ,firmor TARRANT COJ Y TEXAS
ration who violates,disobeys,
omits neglects or refuses to
comply with or who res i sts the
enforcement of any of the pro-
visions of this ordinance shall
be fined not more than Two r'��0.T. ��h
Thousand Dollars($2,000.00) �r�l,
for each offense. Each day a
:itEVINSthat a violation is permitted to ^4exist shall constitute a sepa- �t�' ^rate offense. ��r} EXPIRESSECTION 8. rf�'•- �' 3. 1997
All rights and remedies of 4�f• t'
the City of Southlake are ex- 4.�.
pressly saved as to any and all
violations of the pprovisions of
Ordinance No.480 as amend-
0.----
TEAR ALONG TI ed,oran ordinancesaf-RETURN
fecting zoning which have ac-
THE LOWER PORTION WITH YOUR PAYMENT
crued at the time of the
effective date of this ordi--
nance-and,as tosuch accrued
violations and all pending liti-
gation both civil and crimi-
nal,whether pending Incourt REMIT TO : 400 W • SEVENTH, FW, TX 76102
or not,under suchordinances,
same shall not be affected by
Port Worth BY
LOF-I REMIT TO: 8 T� 2051
secuted until final disposition � ^ X A
by the courts.
PASSED AND APPROVED
BY THE CITY COUNCIL OF I ACCOUNT AMOUNT
THE CITY, OF SOUTH-i
2704466 LAKE THIS THE 5TH DAY 1 NUMBER (ITS? DUE 34 .04
OF JIJLY 1994-
/s/Gary F'ickes
Mayor of Southiake
Attest:
Sandra L.LeGrand, 1
City Secretary
Approved as to Form:
E.Allen Taylor,Jr.,
I City Attorney I
CITY OF SOUTHLAKE
S
667 N CARROLL AVE PLEASE PAY 34 • 04
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
110 STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA 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 TorL RATE AMOUNT
NCH/LINE
JUN 24 2696354 CL . 358 1X47L 47 .46 21. 62
P. O . # ORD . 4 8 D-N NOTICE OF PUhLIC'
HEAR ING
NOTICE IS HEREBY
EP A S e tI hGIV-
ER TSONLLhatNtECESCToED
t oafs,twheIICbiyodiSnoatpulabkl'hearing
during the Regular
City Council meeting to be
held on Julys 1994,be9inning
at 7:00 o.m.the meeting will
be held in the City Council
Chambers of City Hall, 667
North Carroll Avenue,South- •
lake, Texas. The purpose of
theoublichearing is toconsld-
er the following ordinancN:
ORDINANCE NO.480-N
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM
•
PREHENSIVELONINGOR-
SUBSCRIBED A D SWORN TO BEFORE SOUTHLA°ETTEXAS BBY 2 TH D Y OF• DUNE 199
O R USES IO SD /I
AFFECTING NONCON-
FORMING PUBLIC y /y/� I�
USES AND `t%l `
STRUCTURES; PROVID-
ING THAT THIS ORDI-
•
LATIVE SHALL BECUALL TARRANT COUNTY, TEXAS
ORDINANCES PROVID-
ING A SEVEI2ABILITY
CLAUSE;PROVIDING FOR
A PENALTY FOR VIOLA-
TIONS HEREOF; PROVID- I 0 ' ' •J41�y�r�
"�S
ING A SAVINGS CLAUSE; ,I kPt IINDA K. BIEVINS
PROVIDING FOR PUBLI-
CATION IN PAMPHLET
FORM; PROVIDING FOR Of'! ' : COMMISSION EXPIRES
PUBLICATION IN THE OF-
FICIALNEWSPAPER;AND ���' 1 SEPTEMBER 13. 1997
PROVIDING AN EFFEC- I ti��'••-••••••i
TIVE DATE. i;,, �,.
I / City of Southlake Texas
/ CityaSecretaryeGrand
—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---.,y
REMIT TO : 400 W . SEVENTH , FW, TX 76102
Fort Worth far-Tele ra ,37:1,17 TO'
►. xf,xc([xxX°xcx'Xlegrocx3t'XxT(xX94f'-2os1
ACCOUNT AMOUNT
2696354 NUMBER CIT57 DUE 21 . 62
PAGE OF 1
411/ CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 21. 62
SOUTHLAKE TX 76092-9595 -THIS AMOUNT1
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED