480-TORDINANCE NO. 480-T
OUTSIDE STORAGE
Proposal under consideration: To permit outside container storage for retailers in the "C -3"
General Commercial District.
Current ordinance provisions:
Section 22.2 (19), C -3 permitted use: "Nursery buildings for the retail sale of plants and accessory
items where the sales operations are conducted entirely within an enclosed structure. Outdoor
storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely
enclosed by a fence, wall or screening device."
Section 22.2 (23), C -3 permitted use: "Plumbing and heating appliances, repair and installation
services. All storage of materials must be indoors within this zoning district. "
Section 22.5 (h); C -3 district regulations: "All business shall be conducted entirely within a
building. Outside storage and/or display of any type shall be prohibited unless in accordance with
Section 38 of this ordinance."
Section 38.1: "Outside storage of any goods, materials, merchandise, equipment, parts, junk or
vehicles not accessory to a residential use shall not be permitted except when in conformance with
the following provisions and criteria."
Section 38.3 a: "Outside Storage for the Purpose of Retail Sales - Outdoor storage for the purpose
of retail sales shall be allowed under the following conditions:
a. Businesses with current certificates of occupancy may display for sale merchandise items
traditionally marketed through outside storage not to exceed five (5) percent of the floor area of the
business. These items shall include outdoor racks for the display and sale of newspapers, the storage
and sale of bundled firewood, prepackaged ice if stored and displayed in a safe, hygienic storage
bin or container, and items of a comparable nature. It is not the intent of this provision to allow the
outdoor storage or display of traditional prepackaged merchandise that is normally displayed and
sold within the confines of a traditional, retail establishment. Christmas tree sales are excepted from
this requirement, and such trees may be stored outside for sale beginning one week before
Thanksgiving and ending December 31. Items so stored outside must be displayed in a neat and
orderly manner."
Section 43.9 (c) (1)(b); Corridor Overlay Zone: "Mechanical Equipment Screening: All buildings
must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible
from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709 and FM 1938 and adjacent
ROW and/or from property 400' of a property line of a tract zoned residential or designated as low
or medium density residential on the Land Use Plan. This shall include equipment on the roof, on
the ground or otherwise attached to the building or located on the site."
Section 45.1 (29), Specific Use Permits: "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." "C -2, C -3, C -4, B -2 districts."
Proposed Amendment: Amend Section 45.1 by adding #38 to allow outside storage for retail
purposes for a user meeting the following criteria:
1) where the sole tenant structure exceeds 100,000 s.f. of floor area (This provision excludes the
cumulative total of floor areas of multiple tenant buildings);
2) where the total area of outside storage does not exceed one percent (1 %) of the lot area;
3) where the outside storage area is located behind the front facade of the building, in the side or
rear buildable area and not encroaching into any required setback or designated fire lane; and
4) where a minimum six -foot (6) screening fence or wall of masonry or wood, in combination with
a metal frame, and an opaque gate enclose the storage area. The enclosure shall not exceed eight
feet (8') in height.
SATELLITE DISHES
Proposal under consideration: To permit certain satellite dishes as permitted uses in certain
nonresidential districts rather than permit them as accessory uses.
Current ordinance provisions:
Section 34.1 bb (4), Accessory Uses; "Nonresidential satellite dishes accessory to the principal
permitted use on site (in the ) O -1, 0-2, C -1, C -2, C -3, C -4, B -1, B -2, I- 1,1 -2, HC, S -P -2, S -P -1,
CS, NR -PUD (districts), (if the) roof mount type did not exceed 35' in height and the dish size did
not exceed Win diameter and is located on the rear of the roof not visible from the public R.O.W.
in front of the principal structure; (if the) pole mount type did not exceed 35' in height and the dish
size did not exceed 10' in diameter; (if the) ground mount type did not exceed 15' in height and the
dish size did not exceed 10' in diameter and are located in the rear yard, z from the rear property line
ands 10' from the side property line or behind the principal structure but not in the side yard and
not visible from the public R.O.W. in front of the principal structure."
"All antennas (noncommercial and nonresidential antennas) must be inspected and permitted by the
building official in accordance with the city's building code."
Section 22.2 (22), "C -2" permitted uses: "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."
Section 20.2 (5), 11 C -1" permitted uses: "Gasoline filling stations that operate in conjunction with
small convenience stores. Such use may contain a small car wash facility, but may not include
fender or body repairs, mechanical services, rear -end, transmission or engine overhaul."
Pending Federal telecommunications legislation per John Pestle, a legal consultant monitoring
U.S. Congress action on this matter: Both the House and Senate bills contain provisions
purporting to give the FCC exclusive jurisdiction over satellite dish delivery systems. The FCC will
likely contend that this allows it to preempt local zoning and building codes for satellite dishes.
Municipalities would no longer have within their jurisdiction the right to regulate the location of the
dishes (even those in the front yards so there is a clear vision distance nor be able to enforce building
safety codes to ensure that the extra weight of those mounted on roofs will not lead to a building
collapse when combined with violent wind storms, accumulations of ice or snow).
The FCC proposes preempting the applicability of local zoning codes and building codes on dishes
smaller than one meter in diameter in residential areas (and preempt such regulations for dishes two
meters and smaller in commercial and industrial areas). Most building and permits fees would be
prohibited if the person requested a permit for zoning approval from a community. If no city action
within 90 days, such request would be deemed denied and the person could appeal directly to the
FCC, which would function as a National Zoning Board to overturn any local requirements. The
satellite, broadcasting, and TV industries all want the preemption of substantially all local zoning
and building regulations to extend to all radio and television antennas, including transmitting
antennas for TV stations; and they asked that the 90 -day "presumptive denial" time period be
reduced to approximately 30 days.
Proposed Amendment: Amend Sections 22.2 (22) and 20.2 (5) by adding the following sentence
to each section: "One (1) antenna, not exceeding thirty -five feet (35') in height if ground - mounted
and one -meter dish size if roof - mounted, may be placed on site for the purpose of verifying customer
credit information."
Recent court cases have shown that local control of satellite antennas may be upheld if the local
ordinance is crafted to meet the following three -point test:
1) The ordinance should not differentiate between satellite dish antennas and other types of
antennas;
2) There should be a reasonable, clearly defined health, safety, and/or aesthetic objective as the
basis for the ordinance; and
3) The ordinance should not impose unreasonable limitations on reception or impose costs on the
user disproportionate to total investment in antenna equipment and installation.
Fort Worth Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 1068478
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
ACCOUNT NO. CIT57
THE. STATE OF TEXAS
Inty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
NCH/LINE
12/22ME 1068478 NOTICE OF PUBLIC I358 1x 63L 63 . 55 34 . 65
12/ZZ-_12/22
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO
ALL INTERESTED PERSONS
• that the City Council of the
City of Southlake,Texas,will ---- -- --- --- - - - ---- -- ---
be holding a public hearing
during the Regular City
Council meeting to be held
on January 2, 1996, begin-
ning at 7:00 p.m.The meet- '
ing will be held in the City
Council Chambers of City
Hall, 667 North Carroll Ave-
nue, Southlake, Texas. The --- --- •
purpose of the public hear-
ing is to consider the follow-
ing ordinance:
ORDINANCE NO.480-T
AN ORDINANCE AMENDING ,
ORDINANCE NO. 480 AS •
AMEN yy,,
.�HENSIIVVEED ZONING CO ORDI- CITYPRE- J C1T ,�
NANCE OF THE CITY OF
OUTHLAKE, TEXAS, BY
ERMITTING OUTSIDE CON- SIG
AINER STORAGE FOR RE-,
GENERRAL SALES AL COMMCO ERCIAL
SI SDITRICT; BY ATELLITE DISHES AS PIER WORN TO BEFORE ME, THIS THE 27TH DAY OF DECEMBER 1995
MITTED USES IN CERTAIN
NON-RESIDENTIAL ZONING ��-^V , �l ,'� rv�
DISTRICTS( PROVIDING 'RY�h Notary Public
THAT THIS ORDINANCE d %or:. ..yd!''t RHONDA R. COKE
SHALL BE CUMULATIVE OF i t
ALL ORDINANCES,- PROVID �2 r� COMMISSION EXPIRES
ING ' A SEVRABILITY, O'•i
CLAUSE; PROVIDING FOR A' 0% ., h�
PENALTY FOR VIOLATIONS 4v,!� v;t SEPTEMBER $ TARRANT COUNTY,TEXAS
HEREOF'PROVIDING A SAV- � Ik;�"' - -
8, 1999
INGS CLAUSE PROVIDING L. tAinwn z
FOR PUBLICATION IN PAM-
PHLET FORM- PROVIDING
FOR PUBLICATION THE
OFFICIALN ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
NEWSPAPER;
;AND
PROVIDING AN EFFECTIVE
DATE.
Any person, firm or corpora-_____TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —
tion who violates, disobeys,
omits, neglects or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not
more than Two Thousand
Dollars ($2,000.00) for
0i ist each shall offense.nEach day thatStar-'Felegrani•
a violation is permitted to ex- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
a constitute a sepa-
rate offense.
City of Southlake,Texas
/s/Sandra L.LeGrand, ACCOUNT
City Secretary NUMBER C I T 5 7 AMOUNT
DUE 34 . 65
PAGE ]I OF ]I IF ANY QUESTIONS, PLEASE CALL(817)390-7501
CITY OF SOUTHLAKE
66Y N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 34 . 65
THIS AMOUNT '
PLEASE WRITE IN AMOUNT ENCLOSED