480-HHCITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-HH
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; ADDING
SHOPPING CART STORAGE AS AN ACCESSORY USE;
ALLOWING OUTSIDE STORAGE IN ALL NON-
RESIDENTIAL DISTRICTS, EXCEPT "O-1 AND O-2,"
OFFICE DISTRICTS, ONLY BY SPECIFIC USE PERMIT;
DELETING SECTION 38, "OUTSIDE STORAGE," IN ITS
ENTIRETY; REVISING SECTION 39, "SCREENING;"
REVISING SECTION 6.11, "AMORTIZATION OF
NONCONFORMING USES;" REVISING CERTAIN
PROVISIONS TO CHANGE REFERENCES FROM SECTION
38 TO SECTION 45; 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 Texas Local Government Code; and,
WHEREAS, the City has adopted Ordinance No. 480, as amended, as the Comprehensive
Zoning Ordinance for the City; and
WHEREAS, the City Council has determined that it is appropriate and in the best interest
of the City to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 480 as provided herein;and
WHEREAS, the City Council has given published notice and held public heatings with
respect to the amendment of the zoning ordinance as required by law.
Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 34.1, "Accessory Uses" of Ordinance No. 480, as amended, is hereby amended by
adding the following accessory use thereto:
Shopping carts. Cart collection areas in parking
lots shall not be placed in any required parking
space. Cart storage areas shall not be permitted
outdoors after February 22, 2000. The City
Council may grant a waiver of this requirement
for outside cart storage that was existing on
February 22, 2000 upon a showing by the
business that compliance would create an undue
hardship or that the business cannot reasonably
comply with this requirement.
CS, C-I, C-2, C-3, C-4, S-P-l, S-P-2,
and PUD"
SECTION 2,
Section 45.1 (27), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby
amended by revising the following provision thereto:
Outside storage, subject to the requirements of
Section 45.11.
In granting a specific use permit for any outside
storage, the City Council is authorized to require
specialized buffering, screening, design and
signage requirements and other conditions to
ensure that the outdoor storage, display and sale
is totally compatible with the specific site and all
surrounding land uses.
CS, C-l, C-2, C-3, C-4, B-l, B-2, 1-1,
I-2, S-P-l, S-P-2, HC, PUD"
SECTION 3.
Section 45.1 (29), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby
deleted in its entirety.
Page 2
SECTION 4.
Section 38, Outside Storage, of Ordinance No. 480, as amended, is hereby deleted in its
entirety, and said Section 38 shall be reserved for future expansion.
SECTION 5.
Section 45, "Specific Use Permits," of Ordinance No. 480, as amended, is hereby amended
by adding the following new Section 45.11, to read as follows:
"45.11 SPECIFIC REQUIREMENTS FOR OUTSIDE STORAGE IN NON-RESIDENTIAL
DISTRICTS
Outside storage and display of any goods, materials, merchandise, equipment, parts, junk or
vehicles used in a business operation shall not be permitted unless granted by a specific use
permit and except in conformance with the following provisions:
a. General Criteria
Outside storage shall be permitted only as an accessory use to the principal
use established on the lot or tract of land.
Outside storage areas shall observe all setback requirements for the principal
buildings on the lot or tract of land.
No outside storage areas shall be located forward of the principal building on
the lot or tract of land, nor between the principal building and any adjacent
public street, except for the following uses:
a) newspapers;
b) Christmas trees (stored outside for sale beginning one week before
Thanksgiving through December 31);
c) charitable sales events sponsored by non-profit organizations provided
that the event not exceed five (5) consecutive days at any one location;
d) bundled firewood;
e) bagged grass seed;
f) bagged fertilizer;
g) bagged mulch;
h) bagged play sand;
i) bagged potting soil
Except for items 3a, 3b, and 3c noted above which require no screening, all
other noted items shall be screened with a four (4) foot (non-articulated) solid
N ',COMMUNIFY DEVELOPMENr~WP-FILES\ZBA\PENDING\DRAF3' ORDINANCES\480 HHI4A.DOC (Draft 14 dated 02/22/00)
Page 3
wall. Stored items shall not be stacked higher than three (3) feet behind such
wall.
All areas of outside storage must be constructed of an all-weather surface
material and shall be exclusive of any required parking.
Outside storage by transient salespersons is prohibited.
Outside storage shall comply with the screening and bufferyard requirements
set forth in Sections 39.2 and 42, respectively, of this ordinance.
Materials stored outside, excluding vehicles, trailers, and mobile machinery
or equipment, shall be stacked no higher than one (1) foot below the top of
the screening device.
When reviewing applications for the display and sale of living plant material
in areas between the principal building and any adjacent public right-of-way,
the Council may waive the solid screening wall and allow a combination of
wrought iron fence panels and masonry materials (similar to the principal
building).
Lawn equipment, play equipment, swimming pools, barbecue grills, bagged
goods, exchange-type propane bottles (subject to the current Uniform Fire
Code and any applicable local amendments), and similar items shall be stored
behind a solid screening wall and shall not be visible from outside the
screened area.
Prepackaged ice machines and vending machines shall be wholly contained
within the principal building and shall not be permitted outdoors.
Additional Screening Criteria
For all properties with non-residential uses, except those properties zoned I-1 and I-2
which have no residential adjacency, the following shall apply:
Outside storage screening (except as otherwise permitted in this section) shall
be accomplished by the construction of a minimum eight (8) foot wall of
masonry, wood, wrought iron, or a combination of these materials
The screening wall shall meet the articulation requirements set forth in
Section 43.13(d). This requirement shall apply to walls constructed
simultaneously with the principal building or those added to the principal
building at a later date.
In granting any specific use permit for outside storage, the City Council may impose
Page 4
such conditions as it deems necessary to ensure that such storage is not visible from
adjacent public rights-of-way and neighboring properties in order to mitigate the
potential adverse impact of outside storage upon the neighboring properties, and any
other reasonable conditions."
SECTION 6.
Section 39.2, "Screening Standards," is hereby amended by revising paragraph "e," and
adding new paragraphs "g" and "h' to read as follows:
A screening device shall be at least six (6) feet in height, but not more than
eight (8) feet in height unless otherwise specifically permitted or required by
this ordinance, or unless approved as a variance by the City Council in its
consideration of a concept plan, development plan, site plan or a specific use
permit or unless otherwise approved by the Board of Adjustment. The height
of a screening device shall be the vertical distance between the ground and the
top of the device.
All mandatory or permissive screening shall be erected and maintained so as
not to interfere with or obstruct the view of traffic or constitute a traffic hazard
on any public or private street, alley or driveway.
A chain link fence with slat inserts shall constitute an acceptable screening
device only for properties zoned I-1 and I-2 which are not located adjacent to
a residentially zoned lot, tract or lot having an occupied residential dwelling,
and are not located adjacent to street rights-of-way.
Where the screening requirements prescribed by this section are in conflict with
screening requirements which have been established by other provisions of this
ordinance, the more stringent requirements shall apply."
SECTION 7.
Section 39.3, "Residential Districts," is hereby amended by revising paragraph "c" and by
adding paragraph "d" to read as follows:
Non-residential uses in a residential district shall be screened from view of
any adjacent residentially zoned lot or tract or lot having an occupied
residential dwelling by a screening device located along the side and rear
property lines of such non-residential use to a height of eight (8) feet.
d. Where a perimeter screening wall or fence is erected between any residential
Page 5
subdivision and any public right-of-way, the following requirements shall
apply:
(1)
No new fence or screening wall (which is parallel to, perpendicular to,
approximately parallel to, or approximately perpendicular to an existing
subdivision screening wall or fence) erected after the effective date of
this ordinance shall be erected to a height which exceed the height of the
subdivision screening wall or fence.
(2)
Where a developer or homeowners' association of an existing
subdivision constructs a wrought iron or other similar non-opaque fence
adjacent to any thoroughfare, no screening wall or fence shall be erected
after the effective date of this ordinance within the required side or rear
yard which is parallel to such wrought iron or similar non-opaque fence.
(3)
No existing screening wall or fence shall be repaired, extended or
modified unless such repairs, extensions, or modifications are done in
a manner consistent with the color, material, or character of the existing
screening wall or fence, and any such extension occurs along the entire
length of such screening wall or fence, including where such screening
walls or fences may be interrupted by streets, alleys, or other access
ways."
SECTION 8.
Section 39.4, "Non-Residential Uses," is hereby amended by changing the title to read "Non-
Residential Districts," and by amending paragraph 39.4.b to read as follows:
Where a non-residential use abuts a residentially zoned lot or tract or lot
having an occupied residential dwelling, a screening device shall be erected
along the side and rear property lines abutting said residential lot or dwelling
to a height of eight (8) feet. Where the district boundary dividing a non-
residential district from a residential district is along a street or alley, and an
automobile parking lot or parking area is located in the front yard of the non-
residential use, the said parking lot or parking area facing the residential lot
shall be suitably screened to a height of not less than t!xree and one-half (3 ½)
feet. A variance to this section may be approved by the City Council during
its review of any concept plan, development plan, or site plan requiring review
by the Planning and Zoning Commission and approval by the City Council,
or by the Board of Adjustment for all other concept plans, development plans,
or site plans.
All screening devices shall be properly maintained in perpetuity by the owner
N:iCOMMUNITY DEVELOPMENT~WP-F[LES\ZBA\PENDING/DRAFT ORDINANCES/480 HHI4A.DOC (Draft 14, dated 2/22/00)
Page 6
of property with non-residential uses. Failure of the owner to maintain the
screening device shall constitute a violation of this ordinance."
SECTION 9.
Section 39.4, "Non-Residential Uses," is hereby amended by revising paragraph "c," deleting
paragraph "d," by creating a new paragraph "d," and by revising paragraph "e" to read as follows:
Outside storage of trash/recycling receptacles or any garbage, refuse and
trash/recycling collection and storage areas shall be at the side or rear of the
building, shall be totally encircled or screened by fence, planting or other
suitable visual barrier six feet (6') in height and shall have a metal door which
shall remain closed at all times. These areas or receptacles shall not encroach
into any required bufferyard.
Where a non-residential use abuts an existing residential screening wall or
fence and a written agreement is executed between the developer and
residential property owner, it shall be deemed the intent of this ordinance to
allow the residential screening wall or fence to satisfy that portion of Section
39.4.b. above (relating to side and rear yard screening) as long as said
screening device is maintained in good repair. Should the screening device be
destroyed by more than 50% of its fair market value at the time of destruction,
then the owner of the nonresidential property shall construct a new screening
wall or fence which meets the requirements of Section 39.4b.
Off-street loading areas shall be adequately screened from view of any
residentially zoned lot or tract or lot having an occupied residential dwelling
or of any other adjacent land use."
SECTION 10.
Section 6.11, "Amortization of Nonconforming Uses" is hereby amended by lettering the
existing paragraph to "a," and by creating a new paragraph "b," to read as follows:
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 wittfin 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.
b. Notwithstanding any provision in this ordinance to the contrary, any business
Page 7
which was utilizing outside storage or display prior to February 22, 2000 may
continue to utilize said outside storage or display until February 22, 2001
without obtaining a specific use permit under Section 45.11, provided such
outside storage or display is not expanded beyond the percentage of land
physically occupied by outside storage or display prior to February 22, 2000.
After February 22, 2001, no outside storage or display that is not in
conformity with this ordinance shall be allowed unless a specific use permit
is approved for such use under Section 45.11 ."
SECTION 11.
Sections 20.5.h, 21.5.h, 22.5.h, 23.5.h, 24.5.g, 26.5.h, and 27.5.j of Ordinance No. 480, as
amended, are hereby deleted in their entirety, and the remaining paragraphs of each respective
section shall be re-lettered accordingly.
SECTION 12.
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 13.
It is hereby declared to be the intention of the City Cotmcil 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 o£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 14.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
N:\COMMIJNITY DEVELOPMENT/WP FILES\ZBA\PENDING\DRAFT ORDINANCES/4g0 HHI4A.DOC (Draft 14, dated 2/22/00)
Page 8
with or w4~o 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 15.
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 16.
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 17.
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.
N:/COMMUNITY DEVELOPMENTXWP-FILES\ZBA\PENDING',DRAFT ORDINANCES\480-HH 14A DOC (Draft 14, dated 2/22/00)
Page 9
SECTION 18.
This ordinance shall be in full force and effect from and after its date of passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the
// day of ~000.
M^26R
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the /~ day of-~~000.
MAYOR
ATTEST:
Page 10
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
ADOPTED:
EFFECTIVE:
N:,COMMUNITY DEVELOPMENT~WP-FILE$\ZBA\PENDING\DRAFT ORDINANCES/480 HHI4A.DOC (Draft 14, dated 2/22/00)
Page 11
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 166203211
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 2/4/00
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 2/29/00
Bill To: PO Number:
CITY OF SOUTHLAKE
667 N CARROLL AVE Order Number: 16620321
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: NOTICE OF PUBLI
Attn. Publication Date: 2/4/00
E6`I `',
' " a e F Sae
NOTICE OF
NOTICE( PUOLIC HEARING Notic I358 1 69 69 LINE $5.79 $399.51
Notice is hereby given by the
ity Council of the City of
uthlake,Texas,that a pub-
Sales Disc, hearingwill be held on ($343.62)
ebruary 75,.2000 dunng
the Regular City Council
Meeting to be held in the
City Council Chambers of
City Hall, 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the public hearin
is to consider the second Net Amount: $55.89
reading of the following ordi-
nance:
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-HH I
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE CONIPRE-I
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS; ADD-
ING SHOPPING CART STOR-
AGE AS AN ACCESSORY
USEL ALLOWING OUTSIDE
STORAGE IN ALL NON-RESI-
DENTIAL DISTRICTS, EX-
CEPT "0-1' AND 0-2, OF-
FICE DISTRICTS, ONLY BY
SPECIFIC USE PERMIT; DE-
LETING SECTION 38 "OUT-
SIDE STORAGE," IN ITS EN-
TIRETY; REVISING SECTION
PROVID-
ING THAT THIS ORDINANCE
THE STD TIVE OF
ALL ORDISHALL NANCES'CUMULAPROV ID-
County c ING A SEVERABILITY
SEV-
E ABILItYLAUSE,PCLLROAUSE PIDING ROVID-
Before m OLATDNS HEREOFYPROV D- or said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram PROVIDI GVIFo i Pusucn- legram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached, TION IN PAMPHLET FORM; nt was published in the above named paper on the listed dates:
PROVIDING FOR PUBLICA-
TION IN THE OFFICIAL NEWS-
PAPER'AND PROVIDING AN1114
EFFECTIVE DATE. •:'-d eh.
SECTION 12. —
Any person, firm or corpora-
SUBSCRI non who violates.disobeys. EFORE ME,THIS Thursday,March 09 2000.
omits. neglects, or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi- Notary Public
Hance shall be fined not
more than Two Thousand
Dollars ($2,000.00) for
each offense.Each day that
a violation is permitted to ex-
ist shall constitute a sepa- DAWN M. KUYKENDALL
rate offense.
City of Southlake i, COMMISSION EXPIRES
Sandra L.LeGrand, /A,`
City Secretary ,,►,. SEPTEMBER 13,2003
Thank Y ou r or Y our Payment ,.,,•
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 166203211
Invoice Amount: $55.89
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 167471561
FORT WORTH,TX 76102 Invoice Date: 2/25/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 2/29/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 16747156
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 2/25/00
Description. Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 63 63 LINE $5.79 $364.77
CITY OF
ORDINANCEKNbT TEXAS
($313.74)
Sales Discount AN ORDINANCE AMENDING
ORDINANCE THEE COMPRE-
HENSIVE
ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS; ADD-
ING $51.03 SHOPPING CART STOR- Net AmOUnt•
AGE AS AN ACCESSORY
USE; ALLOWING OUTSIDE
STORAGE IN ALL NON-RESI-
DENTIAL DISTRICTS EX-
CEPT"0-1 AND 0-2,"OFFICE
DISTRICTS, ONLY BY SPE-
CIFIC USE PERMIT; DELET-
INO SECTION 38,'OUTSIDE
STORAGE," IN ITS ENTIRE-
TY REVISING SECTION 39
"SCREENING;" REVISING"AMORTIZA-
TIONN OF NONCONFORMING
USES;' PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
ERABILITY CLAUSE;PROVID-
ING FOR A PENALTY FOR VI-
OLATIONS HEREOF;
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET
FORM;PROVIDING FOR PUB-
LICATION IN THE OFFICIAL
THE STATE 0 NGEFE �OTIAN EFFECTIVE
County of Tarr SECTION 13.
Any person, firm or corpora-
tion who violates, disobeys,
Before me,a A tomcomply Iwith or who�e- i County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, put sists the enforcement of any I, Inc.at Fort Worth,in Tarrant County Texas;and who,after being duly sworn,did depose and say that the
r P of the provisions of this or ,
attached clipp moree tshall Two Tno sad published in the above named pa r on the listed dates:
Dollars 152,000.00) for
each offense.Each day that
a violation is permitted to ex-
ist shall constitute a sepa-
rate offense.
SUBSCRIBED!PASSED
THE CDITY COUNCIRLOOFDTHE E ME, THIS Thursday,March • ,2000.
CITY OF KE, TEX-
AS,ON THIS THEL15TH DAY
MAYOR OF RICK STACY 2000.
Notary Pub!::: A_ A
•
ATTEST:
SANDRA L.LEGRAND,CITY SECRETARY DAWN M. KUYKENDALL
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR., ��
CITY ATTORNEY '' ' COMMISSION EXPIRES
SEPTEMBER 13,2003
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 167471561
Invoice Amount: $51.03
PO Number:
Amount Enclosed: $