480-UORDINANCE NO. 480-U
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; AMENDING CERTAIN SIDE YARD
REGULATIONS TO ALLOW FOR ZERO LOT LINE CONSTRUCTION;
CORRECTING CONFLICTING SECTIONS WITHIN THE ZONING
ORDINANCE; PROHIBITING SPLIT ZONED LOTS; REVISING
EXCEPTIONS TO THE HEIGHT REGULATIONS; 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 has adopted Ordinance No. 480, as amended, as the Zoning Ordinance
for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best interests
of the city to amend Ordinance No. 480 as provided herein; and
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 SOUTHLAKE, TEXAS:
SECTION I.
Section 4, "Definitions". of Ordinance No. 480, as amended, is hereby amended by adding
thc lbllowing definitions thereto:
"LOT LINE, ZERO - A side lot line of a lot on which a structure or structures may
be permitted to be constructed directly' on a lot line: therefore, creating a side yard
in which the width is zero.
PARTY WALL - A common shared wall or abutting walls between two separate
structures, buildings or dwelling units."
SECTION 2.
Sections 8.5c, 18.5c, 20.5c, 21.5c, 22.5c, 23.5c, 24.5c, 25.5c, 26.5c, 27.5c and 28.5c of
Ordinance No. 480, as amended, are hereby amended by adding the following language to the
existing side yard regulations therein:
"Zero lot line development may be permitted on a common interior lot line where
construction of a party ~vall is used and when approved by the City Council after a
recommendation by the Planning and Zoning Commission. Where zero lot
development is utilized, the equivalent open space and plantings (normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
within the two developing lots. A concept plan meeting the requirements of Section
41 of this ordinance is required to be submitted with a request for zero lot line
development. Approval shall be based upon an analysis of the location, the
configuration, and the impact and compatibility of the construction with adjacent
land uses."
SECTION 3.
Section 30.5 of Ordinance No. 480, as amended, is hereby amended by revising the first
paragraph thereof to read as follows:
"30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space,
and other development regulations for permissible uses in a PUD district shall
conform to the development regulations which would be applicable to such uses if
the same were situated in the most restrictive district in which such uses are
permitted. Zero lot line development may be permitted for non-residential uses on
a common interior lot line where construction of a party wall is used. Where zero lot
development is utilized, the equivalent open space and plantings (normally provided
in adjoining bufferyards along the common lot line) shall be provided elsewhere
~ithin the t;vo developing lots. In addition, the City Council may approve more
flexible development standards if other design features provide adequate protection
to surrounding and adjacent properties. For any residential PUD, the maximum
density permitted shall be equal to the maximum density permitted under the least
restrictive single family zoning district at the time the PUD is granted. In any
residential PUD, all buildings and structures shall have a maximum lot coverage not
exceeding thirty percent (30%) of the lot area, except the sum total of accessory
buildings shall not exceed six hundred (600) square feet."
SECTION 4.
Section 31.5 of Ordinance No. 480, as amended, is hereby amended by adding a new
paragraph e thereto to read as follov~s:
"e. Zero lot line development may be permitted on a common interior lot line
where construction of a party wall is used. Where zero lot development is utilized,
the equivalent open space and plantings (normally provided in adjoining bufferyards
along the common lot line) shall be provided elsewhere within the two developing
lots. The approval shall be based upon an analysis of the location, the configuration,
and the impact and compatibility of the construction with adjacent land uses."
SECTION 5.
Section 32.6 of Ordinance No. 480, as amended, is hereby amended by adding a new
paragraph d thereto to read as follows:
"d. Zero lot line development may be permitted on a common interior lot line
where construction of a party wall is used. Where zero lot development is utilized,
the equivalent open space and plantings (normally provided in adjoining bufferyards
along the common lot line) shall be provided elsewhere within the two developing
lots. The approval shall be based upon an analysis of the location, the configuration,
and the impact and compatibility of the construction with adjacent land uses."
SECTION 6.
Section 21.2 of Ordinance No. 480, as amended, is hereby amended by deleting Permitted
Use No. 3 and renumbering the remaining permitted uses correspondingly.
f:',filcs\s htke\ordinnnc \480- U Page 3
SECTION 7.
Section 22.2 of Ordinance No. 480, as amended, is hereby amended by adding a new
Permitted Use Nc). 3 to read as tbllov~s, and renumbering the remaining uses correspondingly.
"3. Cleaning, dying and pressing works; laund~ and washaterias, providing that
thc floor area does not exceed three thousand five hundred (3,500) square feet for
separate or combined uses."
SECTION 8.
Section 29.5 of Ordinance No. 480, as amended, is hereby amended by deleting Section 29.5i
and revising Section 29.5c to read as follows:
"c. Side yard: There shall be a minimum side yard requirement of not less than
fifteen (15) feet on all lots, except that comer lots may have a minimum side yard of
five (5) feet on the side yards adjacent to interior lots."
SECTION 9.
Section 33.5 of Ordinance No. 480, as amended, is hereby revised to read as follows:
"33.5 EXCEPTIONS TO HEIGHT REGULATIONS
In the districts where the maximum building or structure height shall not
exceed two and one-half (2~/2) and three (3) stories nor thirty-five feet (35'),
water standpipes and water tanks, church spires, belfries, cupolas, ornamental
towers (as defined in the adopted Uniform Building Code), and flagpoles
being placed on or above the roof level of a building and not intended for
human occupancy may be erected so that the structure exceeds the district's
maximum height regulations by fifteen feet (15'), to a height not exceeding
fifty feet (50'). However, where structures with the above-noted roof-
mounted appurtenances are adjacent to residentially zoned property or
property shown as low density residential or medium density residential on
the Land Use Plan, there shall be one (1) additional foot added to the required
front, side, and year yard setbacks for each one (1) additional foot of height,
or part thereof, exceeding the maximum height of the district. The increased
yard requirement shall apply only to that portion of the structure that exceeds
the maximum height requirement of thirty-five feet (35').
Waivers of the height requirements noted in paragraphs a. and b. above may be
granted by the City Council, fbllowing a recommendation by the Planning and
Zoning Commission. u, hen being considered as a part of a concept plan or site plan
re',iew. Otherwise, waivers of these requirements may be approved by the Board of
Ac[iustment.
Sports lighting, communication antennas or communication structures, utility
poles and towers, and water tanks are exempt from height restrictions if
owned by government entities or public utilities having franchise agreements
with the city.
Limitations on number of stories shall not apply to buildings used exclusively
for storage purposes provided such buildings do not exceed the height in feet
permitted in the district in which they are located.
The permitted height of any occupied building or structure shall be further
restricted to the capability of the local or available fire fighting equipment to
adequately handle any such building height."
SECTION 10.
Sections 33.15 and 33.16 of Ordinance No. 480, as amended, are hereby amended to read as
follows:
"33.15 SPLIT LOT ZONING - No zoning shall be approved which creates more than
one zoning classification on a lot.
33.16 SIGNS - Unless otherwise specifically provided in this ordinance, the height,
spacing, size, location, illumination, construction and other regulation of signs,
whether on-premise or oft-premise, shall be in accordance with the requirements of
the currently adopted sign ordinance or any other ordinances adopted by the city
regarding sign standards."
f:\ filcs\slakc\ordinanc/480- U Page 5
SECTION i 1.
Section 34. I of Ordinance No. 480, as amended, is hereby amended by repealing Section
34. l u and b? revising Section 34. l bb(3) to read as follows:
CCESSORY USE
Other antennas, telecommunication
facilities, or towers, accessory to
the principal permitted use on site:
Not exceeding 35 feet in height
Not exceeding 65 feet in height
SECTION 12.
DISTRICT WHERE PERMITTED
C-2, C-3, C-4
PLOT PLAN REQUIRED
CS, B-I, B-2, I-1, I-2
PLOT PLAN REQUIRED"
Section 45.1 of Ordinance No. 480, as amended, is hereby amended by deleting Specific Use
Nos. 34 and 35.
SECTION 13.
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 14.
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
£:\files\slake~ordinan¢\480 U Page 6
the same would have been enacted by the City Council without the incorporation in this ordinance
ot' any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 15.
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 mom
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 16.
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 yard regulations 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 17.
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 18.
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 or its caption and
penalty in the official City newspaper one time within ten days after final passage of this ordinance,
as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 19.
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 e'~ DAY OF
,1996.
IV~YOR' ~ ~ -
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS /~9 DAY OF
,1996.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Fort Worth Star-Telegram `✓ "V " `V V vV V AD INVOICE NO. 1574490
400 W. SEVENTH STREET• FORT WORTH,TEXAS 76102 C I T 5 7
ACCOUNT NO.
OSTATE OF TEXAS
ty 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
4/05ME 1574490 NOTICE OF PUBLIC I358 1x 53L 53 . 66 34 . 98
04/05-04/05
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 dur-
ing the Regular City Council
Meeting to be held on April
16,1996 at 7:00 p.m.in the
City Council Chambers of
City Hall 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing is to
consider the second reading
of the following ordinance:
ORDINANCE NO.480-U
AN ORDINANCE OF THE CITY
OF SOUTHLAKE AMENDING
ORDINANCE NO. 480, THE
ZONING ORDINANCE- PRO-
VIDING
NING CERTAIN
,
YARD REGULATIONS; SEC- ' �QCVZ
• COR-
RECT INCONFLICTING SEC- SIG N
SEC-
TIONS WITHIN THE ZONING
ORDINANCE- REVISING EX-
CEPTIONS f0 THE HEIGHT
SUBSCRIBED AND S AEGPENALLTY-T PROOVIDDINGRE ME, THIS THE 1 0TH DAY OF APRIL , 1996
THAT THIS ORDINANCE IS �, f1K�g
CUMULATIVE OF ALL OTHER w+� ►^�`� J� ,� '�l� �.
FOR ISEVERABILIT ;PROVIDINGI III
INGFORPUBLICATION•PRO-fit R. GOKE Notary Public
VIDINGSECEFFECTIVE
ION 12 E BATE. !ON EXPIRES
iv/
Any person, ate or corpora
/v1I1*}UWr lv�. who violates, r disobeys,3ER 8, 1999 TARRANT COUNTY, TEXAS
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
PLEASE PAY THIS Doolarsthaisz00000usforr: AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
each offense.Each day that
4----- a violation is permitted to ex-RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -
- rate offense.
City of Southlake
Sandra L.LeGrand
City Secretary
PortWorth REMIT TO: III*. 400 W SEVENTH ST • FORT WORTH, TEXAS 76102
T
1574490 ACCOUNT CIT57 AMOUNT 34 . 98
NUMBER DUE
PAGE 1 of 1 IF ANY QUESTIONS, PLEASE CALL (817) 390-7501
• CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY , 34 . 98
THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram FED. ID. NO. 22-3148254 1646375
AD INVOICE NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7
ACCOUNT NO.
1110 STATE OF TEXAS
ty 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
4/19ME 1646375 ORDINANCE NO. 48 I358 1x 58L 58 .66 38 . 28
04/19-04/19
ORDINANcl_MEII: -----..... . ..
I
AN ORDINANCE NDING
ORDINANCE NO. 40, AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
TEXAS'
SOUTHLAKE,
AMENDING CERTAIN SIDE
YARD REGULATIONS TO AL-
LOW
CONSTRUCTION,
RRECT-
RTCSEC-
TIONSZONING
'
PROHIBITING
SPLIT ZONED LOTS REVIS-
ING EXCEPTINS TO THE
HEIGHT REGULATIONS;
PROVIDING THAT THIS ORDI-
TIVECOFSALL ORDINANCES;
PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A `
HEREOF PROVIDING AISSAV i
• FOR UBLICA NPROVIDING
AM-
FOR PUBLICATION IN DAM- SIG � ?J
:' -i'Y\ iNA
FOLRTPUBL CATION PROVIDING
SUBSCRIBED AND PROVDINGEANPEFFECTIVE 'RE ME, THIS THE 23rd DAY OF APRIL -
DATE.
SECTION 15.
Any person,.firm or corpora- Notary Public Y�v" ' �`"'L` •
omits,hneglecitssorr refus s I RHONDA R. GOKE d
s°stcomply
the len orcement of any COMMISSION EXPIRES k
60 Attt
of the provisions of this ordH SEPTEMBER 8, 1999 l
Hance shall be fined not TARRANT COUNTY,TEXAS
more than Two Thousand
each
Dollars ($2,000.00) for
Each da that
a violationnisepermitted to ex-
ist
rate hall constitute a sepa-
PLEASE PAY THIS PASSED AND APPROVED= AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
THIS THE 16T
APRIL 1996, DURING THE
REGULAR CITY COUNCIL IFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—.
MEETING OF THE CITY OF
��SOUTryryHLAKE,TEXAS.
ATEST Fickes,Mayor
T��
/s/Sandra L.LeGrand,
City Secretary
APPROVED A$TO FORM:
FbrtWorth 7 rQI=rlei ram
REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102
1646375 ACCOUNT C I T 5 7 AMOUNT 38.28
NUMBER DUE
PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
• CITY OF SOUTHLAKE _
667 N CARROLL AVE
SOUTHLAKE, TX 76092 9595 38. 28
PLEASE PAY
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED