0334AMENDED
CITY OF SOUTHLAKE
ZONING ORDINANCE
SEPTEMBER, 1986
SANDRA L. LEGRAND
CITY SECRETARY
ZONING ORDINANCE
WHEREAS THE CITY DEEMS IT NECESSARY FOR THE
PURPOSE OF PROMOTING THE HEALTH, SAFETY,
MORALS, AND GENERAL WELFARE OF THE CITY OF
SOUTHLAKE, TOOK TO ENACT THIS ORDINANCE.
1.1
1.2
1.3
SECTION 1 - PURPOSE AND TITLE
PURPOSE - The zoning regulations and districts herein estab-
lished have been made in accordance with a comprehensive plan
for the City of Southlake and its extraterritorial jurisdic-
tion. They have been designed to lessen congestion in the
streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to facilit-
ate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements. They have been
made with reasonable considerations, among other things of the
character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land
throughout the community.
TITLE - This ordinance shall be known as and may be cited and
referred to as the "Zoning Ordinance" to the same effect, which
includes narrative regulations and map.
TABLE OF CONTENTS
PAGE
SECTION 1 PURPOSE AND TITLE 1- 1
1.1 Purpose 1- 1
1.2 Title 1- 1
1.3 Table of Contents 1- 1
SECTION 2
ESTABLISHMENT OF DISTRICTS:
PROVISIONS FOR OFFICIAL ZONING
MAP, ZONING CHANGES AND
ANNEXATION
2- 1
2.1
2.2
2.3
Official Zoning Map 2- 1
Replacement of Official Zoning Map 2- 1
Boundaries of Districts 2- 1
1-1
SECTION
SECTION
SECTION
2.4
2.5
2.6
3
3.1
3.2
4
Zoning Change Application
Zoning Frequency
Annexation of Property
DEFINITIONS: GENERAL
interpretations of Certain Words
and Phrases
Definitions
NONCONFORMING LOTS, NONCONFORMING
USES OF LAND, NONCONFORMING
STRUCTURES, AND NONCONFORMING USES
OF STRUCTURES AND PREMISES
4.1 Intent
4.2 Existing Building Permits
4.3 Nonconforming Lots of Record
4.4 Nonconforming Uses of Land
4.5 Nonconforming Structures
4.6 Nonconforming Uses of Structures
4.7 Repairs and Maintenance
4.8 Uses under Exception Provisions:
Not Nonconforming Uses
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
DISTRICT REGULATIONS
"AG" Agricultural District
"RE" Single Family Estate
Residential
"SF-i" Single Family District
"SF-2" Single Family District
"SF-3" Single Family District
Planned Unit Development
community Service
"01" - Office One
"02" - office Two
"Ri" - Retail One
"R2" - Retail Two
Industrial - One
Industrial - Two
Other Applicable Regulations
Permitted Accessory Uses
Special Exception Uses
Avigation Easement
2- 2
2- 2
2- 2
3- 1
3- 1
3- 1
4- 1
4- 1
4- 1
4- 2
4- 2
4- 2
4- 3
4- 4
4- 4
5- 1
5- 1
5- 2
5- 4
5- 5
5- 6
5- 7
5-11
5-15
5-17
5-18
5-19
5-21
5-22
5-23
5-24
5-26
5-29
1-2
SECTION
SECTION
6
7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
SCHEDULE OF DISTRICT REGULATIONS 6- 1
SUPPLEMENTARY DISTRICT REGULATIONS 7- 1
Fences, Walls, Hedges 7- 1
Use of Barbed Wire or Electric
Fences 7- 1
Accessory Buildings 7- 1
Temporary Buildings 7- 2
Erection of More than One Principle
Structure on a Lot 7- 2
Buildings Constructed Across Lot
Lines 7- 2
Exceptions to Height Regulations 7- 2
Projections of Buildings,
Structures and Appurtenances
into Required Yards 7- 3
Minimum Width of Enclosed or
Partially Enclosed Open Space 7- 3
Buildings and Structures to Have
Access 7- 3
Parking and Storage of Vehicles:
General 7- 4
Parking and Storage of Major
Recreational Equipment 7- 5
Front Yard Adjustments 7- 5
Side Yard Adjustments 7- 6
Rear Yard Adjustments 7- 7
Lot Area per Family Adjustments 7- 7
Health Regulations: Water Supply 7- 7
Health Regulations: Sewage Disposal 7- 7
Platting of Property not Properly
Zoned 7- 8
Screening Regulations 7- 8
SECTION
SECTION
8
8.1
9
9.1
9.2
9.3
9.4
SIGN REGULATIONS
Purpose and Intent
OFF-STREET PARKING REQUIREMENTS
Purpose and Intent
Location of Parking Spaces
Computation of Parking Space Sizes
and Parking Areas
Type of Parking Surface Required
8- 1
8- 1
9- 1
9- 1
9- 1
9- 1
9- 2
1-3
9.5
9.6
9.7
9.8
SECTION 10
10.1
10.2
10.3
10.4
10.5
10.6
SECTION 11
11.1
11.2
11.3
11.4
11.5
11.6
SECTION 12
12.1
12.2
SECTION 13
13.1
13.2
13.3
13.4
13.5
Rules of Computation of the
Number of Parking Spaces
Number of Off-Street Parking
Spaces Required
Parking for the Handicapped
No Repair Work
OFF-STREET LOADING REQUIREMENTS
9- 2
9- 2
9- 6
9- 6
10- 1
10- 1
10- 1
10- 1
10- 1
10- 1
10- 2
Purpose and Intent
Location of Loading Spaces
Computation of Off-Street
Loading Space Sizes
Type of Parking Surface Required
for Loading Spaces
Rules for Computation of off-
Street Loading Spaces
'Number of Off-Street Loading
Spaces Required
ADMINISTRATION AND ENFORCEMENT:
BUILDING PERMITS AND CERTIFICATES
OF OCCUPANCY 11- 1
Administration and Enforcement 11- 1
Building Permits Required 11- 1
Application for Building Permits 11- 1
Expiration of Building Permits 11- 2
Certificate of Occupancy Required:
For New, Altered, Changes in Use,
of Non-Conforming Uses 11- 2
Construction and Use to be as
Provided in Applications, Plans,
Permits and Certificates of
11- 2
Occupancy
SCHEDULE OF FEES, CHARGES AND
EXPENSES 12- 1
Schedule of Fees, Charges and
12- 1
Expenses 12- 1
Fees Required
BOARD OF ADJUSTMENT: PROCEDURE 13- i
Establishment
Powers and Duties
proceedings of the Board of
Adjustment
Appeal Procedures
Stay of Proceedings
1-4
13- 1
13- 1
13- 3
13- 3
13- 4
SECTION 14
14.1
14.2
14.3
14.4
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
SECTION 21
APPENDICES
AMENDMENTS TO THE ZONING ORDINANCE 14- 1
Procedures and Requirements 14- 1
Petition for Amendment and
Frequency Thereof 14- 2
Classification of New and
unlisted Uses 14- 2
Special Exception Uses - Approval 14- 3
ALCOHOLIC BEVERAGE SPECIAL USE
PERMITS 15- 1
PROVISIONS OF ORDINANCE DECLARED
TO BE MINIMUM REQUIREMENTS 16- 1
COMPLAINTS REGARDING VIOLATIONS 17- 1
PENALTIES FOR VIOLATION 18- 1
SEPARABILITY CLAUSE 19- 1
REPEAL OF CONFLICTING ORDINANCES 20- 1
EFFECTIVE DATE 21- 1
ONE - BUFFERYARDS
TWO - PERFORMANCE STANDARDS
1-5
SECTION 2 - ESTABLISHMENT OF DISTRICTS:
PROVISIONS FOR OFFICIAL ZONING MAP, ZONING CHANGES AND ANNEXATIONS
2.1
2~2
2.3
OFFICIAL ZONING MAP - The City of Southlake is hereby divided
into zones, or districts, as shown on the Official Zoning Map
which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be a part of this ordin-
ance. The Official Zoning Map shall be identified by the
signature of the Mayor, attested by the City Secretary, and bear
the seal of the City under the following words: "This is to
certify that this is the Official Zoning Map referred to in
Ordinance Number of the City of Southlake, Texas,"
together with the date of the adoption of this ordinance.
The official Zoning Map shall be made current from time to time
to reflect the changes and amendments, if any, that are approved
by the City Council. Any unauthorized change of whatever kind
in the Official Zoning Map by any person shall be prohibited.
The Official Zoning Map shall be located in the Southlake City
Hall.
REPLACEMENT OF OFFICIAL ZONING MAP - In the event that the
Official Zoning Map becomes damaged, destroyed, lost, or
difficult to interpret because of the nature or number of
changes and additions, the City Council may by resolution adopt
a new Official Zoning Map which shall supersede the prior
Official Zoning Map and bring the official Zoning Map up-to-date
to reflect any and all amendments or changes in the same.
BOUNDARIES OF DISTRICTS Where uncertainty exists as to the
boundaries of districts as shown on the Official Zoning Map, the
following rules shall apply:
a. Boundaries indicated as approximately following the center-
lines of streets, highways, or alleys shall be construed to
follow such centerlines;
b. Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines;
c. Boundaries indicated as approximately following city limits
shall be construed as following city limits;
eo
Boundaries indicated as following railroad lines shall be
construed to be midway between the main tracks;
Boundaries indicated as following shore lines shall be
construed to follow such shore lines and in the event of
2-1
2.4
2.5
2.6
change in the shore line shall be construed as moving with
the actual shore line; boundaries indicated as approxi-
mately following the centerlines of streams, rivers, canals,
lakes, or other bodies of water shall be construed to follow
such centerlines.
f. Boundaries indicated as parallel to, or extensions of,
features indicated in subsections a. through e. above shall
be so construed. Distances not specifically indicated on
the Official Zoning Map shall be determined by the scale of
the map;
g. Where physical or cultural features existing on the ground
are at variance with those shown on the official Zoning Map
or in other circumstances not covered by subsections
a. through f. above, the City Council shall interpret the
district boundaries.
ZONING CHANGE APPLICATION - An application for a zoning change
shall be made by the property owner and he/she shall submit two
(2) copies of the following:
a. Application form signed by property owner.
b. A boundary survey, with a metes and bounds description and
reflecting improvements performed by a public surveyor
registered in the State of Texas. The survey must be
performed within the ninety days prior to submission.
c. Where multiple types of land use are proposed, a land use
plan delineating the specific areas to be devoted to
various uses sha%l be required.
d. A proposed conceptual or final site plan for any applica-
tions for for zoning changes for which a request for zoning
to any category other than residential or agricultural is
made. The requirements and procedures for filing said site
plan shall be as set forth in any ordinance establishing the
requirement for site plans.
ZONING FREQUENCY - [See Section 14.2]
ANNEXATION OF
am
bo
PROPERTY
Annexation of property by the City of Southlake must meet
all requirements of Section 14 of this ordinance, "Amend-
ments to the Zoning Ordinance."
Ail territory hereafter annexed to the city of Southlake
shall be temporarily classified as "AG" - Agricultural
District unless another zoning district has been requested,
or unless there is a more appropriate district. In the
event any zoning other than Agricultural is requested at the
time of annexation, all public notices & public hearings as
required by this or any other ordinance, or by state law
shall be complied with.
2-2
c. The procedure for changing the zoning on any newly annexed
territory shall be the same as Section 2.4.
d. In an area classified as "AG - Agricultural District,"
building permits and certificates of occupancy may be issued
for all uses permitted in the "AG" District subject to all
of the requirements and regulations specified for this
District.
e. Building permits and certificates of occupancy and compli-
ance for uses other than those permitted in "AG - Agricul-
tural District" may not be issued in an annexed territory
until proper rezoning for such property has been achieved.
2-3
SECTION 3 - DEFINITIONS: GENERAL
3.1
3.2
INTERPRETATION OF CERTAIN WORDS AND PHRASES - For the purposes
of this ordinance, certain terms or words used herein shall be
interpreted as follows:
a. The word person includes a firm, association, organization,
partnership, trust, company, or corporation, as well as an
individual.
b. The present tense includes the future tense, the singular
number includes the plural, and the plural number includes
the singular.
c. The word shall is mandatory, the word may is permissive.
d. The word used or occupied includes the words intended,
designed, or arranged to be used or occupied.
e. The word lot includes the words plot, parcel or tract of
land.
DEFINITIONS
definitions
1.
- For the purposes of this ordinance, the following
shall apply:
ACCESSORY BUILDING OR USE - A subordinate building having a
use customarily incidental to and located on the same lot
occupied by the main building; or a use customarily inci-
dental to the main or principal use of the property. A
building housing an accessory use is considered an integral
part of the main building when it has any part of a wall in
common with the main building, or is under an extension of
the main roof and designed as an integral part of the main
building.
ALLEY - A public minor way which is used primarily for
vehicular service access to the back or side of properties
otherwise abutting on a street or highway.
o
APARTMENT - A room or suite of rooms in an apartment house
arranged, designed or occupied as a dwelling unit residence
by a single family, individual, or group of individuals.
APARTMENT HOTEL - Any building larger than an apartment
house designed or built to be occupied as a series of
separate apartments and by persons living independently of
each other.
APARTMENT HOUSE - Any building, or portion thereof, which is
designed, built, rented, leased, let or hired out to be
3-1
occupied as three or more apartments or dwelling units or
which is occupied as the home or residence of three or more
families living independently of each other and maintaining
separate cooking facilities.
AUTOMOBILE SALES AREA - An open area or lot used for the
display or sale of automobiles, where no repair work is done
except minor reconditioning of the cars to be displayed and
sold on the premises, and where no dismantling of cars or
sale or keeping of used car parts or junk on the premises is
done.
o
AUTOMOBILE WRECKING YARDS - Any establishment maintained,
used or operated for the storing, keeping, dismantling,
buying or selling of wrecked automobiles as defined in this
ordinance under the definition of "Junk."
BASEMENT - A building story which is partly underground but
having at least one-half of its height above the average
level of the adjoining ground. A basement shall be counted
as a story in computing building height.
BLOCK - An area enclosed by streets, or, if said word is
used as a term of measurement, it shall mean the distance
along a side of a street between two intersecting streets;
or if the street is of a dead-end type, a block shall be
considered to be measured between the nearest intersecting
street and the end of such dead-end street.
10. BOARD - The Zoning Board of Adjustment (see Sect 13).
11. BOARDING HOUSE - A building other than a hotel where lodging
and meals for five or more persons are served for compensa-
tion.
12. BREEZEWAY - A covered passage one story in height and six
(6) feet or more in width connecting a main structure and an
accessory building.
13. BUILDING - Any structure built for the support, shelter and
enclosure of persons, animals, chattels or movable property
of any kind. When subdivided in a manner sufficient to
prevent the spread of fire, each portion so subdivided may
be deemed a separate building.
14. BUILDING LINE - Front: A line parallel or approximately
parallel to the street line at a specific distance therefrom
marking the minimum distance from the street line that a
building may be erected. Side: A similar line parallel to
the side lot line. (see drawings following pg 3-8)
15. BUSINESS Includes local retail, commercial, industrial and
manufacturing uses and districts as herein defined.
3-2
16.
CELLAR - A building story with more than one-half its height
below the average level of the adjoining ground. A cellar
shall not be counted as a story in computing building
height.
17. CERTIFICATE OF OCCUPANCY (OR PERMIT) - An official certif-
icate issued by the City through the administrative official
which indicates conformance with or approved conditional
waiver from the Building or Zoning Regulations and author-
izes legal use and occupancy of the premises for which it is
issued.
18. CHIEF OF POLICE - Means the chief of police of the City of
Southlake, Texas, or his duly authorized representative.
19. CITY HEALTH OFFICER - Means the city health officer of the
City of Southlake, Texas, or his duly authorized representa-
tive.
20. CITY COUNCIL or COUNCIL - The governing body of the City of
Southlake, Texas.
21. CLINIC - Offices for one or more physicians, surgeons, or
dentists engaged in treating the sick or injured, but not
including rooms for the abiding of patients.
2ia.COMMISSION - The Planning, Zoning or Planning and Zoning
Commission, as appropriate.
22. COMMUNITY CENTER - A building dedicated to social or
recreational activities, serving the City or a neighborhood
and owned and operated by the City, or by a non-profit
organization dedicated to promoting the health, safety,
morals or general welfare of the City.
23. CONVALESCENT HOME - Any structure used for or occupied by
persons recovering from illness or suffering from the
infirmities of old age.
24. COURT - An open, unoccupied space, bounded on three (3) or
more sides by the walls of a building. An inner court is a
court entirely surrounded by the exterior walls of a
building. An outer court is a court having one side open to
a street, alley, yard or other permanent space.
25. DAY NURSERY - A facility, licensed by the State of Texas,
for child care.
26.
27.
DISTRICT (ZONING) - A section of the City of Southlake or
its extraterritorial properties for which the regulations
governing the area, height, or use of the land and buildings
are uniform for each type and class of structure.
DWELLING, ONE-FAMILY (SINGLE FAMILY) - A detached building
arranged, intended or designed for occupancy by one family.
3-3
28. DWW. LLING, TWO-FAMILY
(DUPLEX) - A detached or semi-detached
building arranged, intended, or designed for occupancy by
two families.
29. DWELLING, MOBILE/MODULAR HOME - A detached residential
dwelling unit designed for t£ansportation after fabrication
on streets or highways on its own wheels or on a flatbed or
other trailers and arriving at the site where it is to be
occupied as a dwelling complete and ready for occupancy
except for minor and incidental unpacking and assembly
operations, location on jacks or other temporary or per-
manent foundations, connections to utilities, and the like.
A travel trailer is not to be considered as a mobile home.
30. DWELLING, MULTI-FAMILY - A building or portion thereof
arranged, intended or designated for occupancy by three or
more families, including, but not limited to, apartment
houses, condominiums and townhouses.
31. DWELLING UNIT - A building or portion of a building which is
arranged, occupied, or intended to be occupied as living
quarters for one family and including facilities for food
preparation and sleeping.
32. EFFICIENCY APARTMENT - An apartment having a combination
living and bedroom (no separate bedroom).
33. FAMILY - One (1) or more persons who are related by blood or
marriage, living together and occupying a single house-
keeping unit with single kitchen facilities, or a group of
not more than five (5) - excluding servants - living
together by joint agreement and occupying a single house-
keeping unit with single kitchen facilities, on a non-
profit, cost-sharing basis.
[FRONT YARD - SEE YARD - FRONT]
34. FLOOR AREA - The total (gross) square feet of floor space
within the outside dimensions of a building including each
floor level, but excluding cellars, attics, carports or
garages that are not designed for residential or business
occupancy.
35. GARAGE, PRIVATE (RESIDENTIAL) - An enclosed accessory
building for storage only of motor vehicles, boats, travel
trailers, and household goods owned and used by the owners
or tenants of the premises.
36. GARAGE, PUBLIC - A building or portion thereof designed or
used for the storage, sale, hiring, care or repair of motor
vehicles, which is operated for commercial purposes.
3-4
37. GARAGE, STORAGE (PARKING) - A building or portion thereof,
other than a private garage, used exclusively for parking or
storage of self-propelled vehicles, but with no other
services provided except facilities for washing.
38. GRADES
a. For buildings having walls adjoining one street only, it
is the elevation of the sidewalk at the center of the
wall adjoining the street;
For buildings having walls adjoining more than one
street, it is the average of the elevation of the
sidewalk at the center of all walls adjoining the
street;
For buildings having no wall adjoining the street, it is
the average level of the finished surface of the ground
adjacent to the exterior wall of the building.
Any wall approximately parallel to and not more than five
(5) feet from a street line is to be considered as adjoining
the street. Where no sidewalk has been constructed, the
Building Inspector shall establish such a sidewalk level or
its equivalent for the purpose of these regulations.
39.
HEIGHT OF BUILDINGS - The vertical distance of a building
measured from the average established grade at the street
line or from the average natural front yard ground level,
whichever is higher, to (1) the highest point of the roof's
surface, if a flat surface, (2) to the deck line of mansard
roofs or (3) to the mean height level between eaves and
ridge for hip and gable roofs, and in any event, excluding
chimneys, cooling towers, elevator bulkheads, penthouses,
tanks, water towers, radio towers, ornamental cupolas, domes
or spires, and parapet walls not exceeding ten (10) feet in
height. If the street grade has not been officially
established, the average front yard grade shall be used for
a base level.
40.
HEIGHT OF YARD OR COURT - The vertical distance from the
lowest level of such yard or court to the highest point of
any boundary wall.
41.
HOME HOBBY SHOP - An accessory use housed in a dwelling or
in an accessory building in which the residents of the
premise engage in recreational activities, none of which
shall be a nuisance and from which no revenue may be
derived, and in which no goods offered for sale or advertis-
ed for sale, nor may any sign be used in connection there-
with.
3-5
42.
HOME OCCUPATION (USE) - An occupation
within a dwelling unit provided that:
conducted wholly
a. No person other than members of the family residing on
the premises shall be engaged in such occupation;
b. The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use
for residential purposes by its occupants, and not more
than twenty-five (25) percent of the floor area of the
dwelling unit shall be used in the conduct of the home
occupation;
c. There shall be no change in the outside appearance of
the building or premises, or other visible evidence of
the conduct of such home occupation other than one
sign, not exceeding one square foot in area, non-illumi-
nated, and mounted flat against the wall of the princi-
pal building;
d. No home occupation shall be conducted in any accessory
building;
e. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a
residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall
be met off the street and other than in a required front
yard;
f. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes,
odors, or electrical interference detectable to the
normal senses off the lot, if the occupation is con-
ducted in a single family residence, or outside the
dwelling unit if conducted in other than a single family
residence. In the case of electrical interference, no
equipment or process shall be used which creates visual
or audible interference in any radio or television
receivers off the premises, or causes fluctuations in
line voltage off the premises;
g. Home occupation uses shall not include beauty culture
schools, barber and beauty shops, medical or chiro-
practic offices, or other uses of a similar nature and
character.
43. JUNK - The term "junk" is defined to mean, and shall
include, scrap iron, scrap tin, scrap brass, scrap copper,
3-6
scrap lead, or scrap zinc and all other scrap metals and
their alloys, and bones, rags, used clothes, used rubber,
used rope, used tinfoil, used bottles, old cotton or used
machinery, used tools, used appliances, used fixtures, used
utensils, used boxes or crates, used pipe or pipe fittings,
used automobile or airplane tires, and other manufactured
goods that are so worn, deteriorated or obsolete as to make
them unusable in their existing condition and subject to
being dismantled for junk.
44. KENNEL - Any lot or premises on which four (4) or more dogs,
cats or other domestic animals at least four (4) months of
age are housed or accepted for boarding, trimming, grooming
and/or bathing for which remuneration is received.
45. KINDERGARTEN - A school for children of pre-public school
age in which constructive endeavors, object lessons and
helpful games are prominent features of the curriculum.
46.
LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building
or yard existing legally at the time of the passage of this
ordinance which does not, by reason of design, use or
dimensions, conform to the regulations of the district in
which it is situated. A use, building or yard established
after the passage of this ordinance which does not conform
to regulations of the district in which it is situated shall
be considered an illegal nonconforming use.
47. LIVING UNIT - Same as DWELLING UNIT.
48.
49.
LOADING SPACE, OFF-STREET - Space logically and conveniently
located for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to such
vehicles when required off-street parking spaces are
filled. Required off-street loading space is not to be
included as off-street parking space in computation of
required off-street parking space.
LOT - For purposes of this ordinance, a lot is a parcel of
land of at least sufficient size to meet minimum zoning
requirements for use, coverage, and area, and to provide
such yards and other open spaces as are herein required.
Such lot shall have frontage on an improved public street,
or an approved private street, and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, of complete
3-7
lots of record and portions of lots of record, or of
portions of lots of record;
d. A parcel of land described by metes and bounds, provided
that in no case of division or combination shall any
residual lot or parcel be created which does not meet
the requirements of this ordinance.
50. LOT COVERAGE - The percentage of the total area of a lot
occupied by the base (first story of floor) of buildings
located on the lot.
51. LOT FRONTAGE - The front of a lot shall be construed to be
the portion nearest the street. For the purposes of
determining yard requirements on corner lots and through
lots, all sides of a lot adjacent to streets shall be
considered frontage yard, and yards shall be provided as
indicated under YARDS in this Section.
52. LOT LINES - The lines bounding a lot as defined herein.
53. LOT LINE, FRONT - The boundary between a lot and the street
on which it fronts.
54. LOT LINE, REAR - The boundary line which is opposite and
most distant from the front street line; except that in the
case of uncertainty, the Administrative Official shall
determine the rear line.
55. LOT LINE, SIDE - Any lot boundary line not a front or rear
line thereof. A side line may be a party lot line, a line
bordering on an alley or place or side street line.
56. LOT MEASUREMENTS - See drawings on following two pages.
3-8
~A)
I. LOT WIDTH
(B)
(A)
'~. LOT DEPTH
YARDS
/ ; ~ -' '~
;1" ..... I"L ?,~,~,, 7~ ~'"' ........ --.--~..,
;I ~ ~ ~ T~ ~ ~LONG LINE ~ 50% OF THIS X~
STREET
FRONT OF LOT
I$ SID~ OF LEAST
I
LOT PLATTED P~O~
TO EFFECTIVE DATE
OF ORBINANGE
STREET
~'1 ON PLAT
~ ~ ZOH
4. CORNER LOT
IF APPROVED ON PLAT
SF'2 I
METHOD OF MEASURING
FRONT YARD
SPECIF~ FRONT YARO
STANDARO
FRONT
YARDS
BOTH
FRONTAGES
BUILDING LINE FOR
ACCESSORY BUILDIH6
ESTASLI~HED BY
FRONT
DOUBLE FRONTagE
LOTS
6.
I SF.2 I SF-2 I NS I NS NS
lNS
FRONT YARD WHERE ZONING
CHANGES iN A BLOCI(
57.
LOT OF RECORD - A lot which is part of a subdivision
recorded in the office of the County Clerk, or a lot or
parcel described by metes and bounds, the description of
which has been so recorded prior to the adoption of this
ordinance.
58. LOT
a.
TYPES
Corner Lot - A lot abutting upon two or more streets at
their intersection. A corner lot shall be deemed to
front on that street on which it has its least dimen-
sion, unless otherwise specified by the Administrative
Official.
b. Interior Lot - A lot other than a corner lot with only
one street frontage and whose side lot lines do not abut
upon any street.
c. Through Lot - A lot other than a corner lot with
frontage on more than one street. Through lots abutting
two streets may be referred to as "double frontage"
lots. Such lots shall provide a front yard on each
street.
59. MAIN (PRINCIPAL) BUILDING - The building or buildings on a
lot which are occupied by the primary use.
60. MASSAGE - A process consisting of kneading, rubbing, or
otherwise manipulating the skin of the body of a human
being, either with the hand or by means of electrical
instruments or apparatus, or other special apparatus, but
shall not include massage by duly licensed physicians and
chiropractors, and registered physical therapists who treat
only patients recommended by a licensed physician and who
operate only under such physician's direction, nor massage
of the face practiced by beauty parlors or barber shops duly
licensed under the penal code of the state.
61. MOBILE/MODULAR HOME - See DWELLING, MOBILE/MODULAR HOME.
62. MOBILE OR MODULAR HOME PARK OR SUBDIVISION - A parcel of
land upon which two or more mobile or modular homes are
placed or located for purposes of occupancy.
63. NONCONFORMING USE - A building, structure or use of land
lawfully occupied at the time of the effective date of this
ordinance or amendments thereto, and which does not conform
to the use regulations of the district in which it is
situated.
64. OCCUPANCY - The use or intended use of the land or buildings
by proprietors or tenants.
3-11
65. OPEN SPACE - Area included in any side, rear or front yard
or any unoccupied space on the lot that is open and unob-
structed to the sky except for the ordinary projections of
cornice eaves or porches.
66. PARKING SPACE, OFF-STREET - For the purposes of this
ordinance, an off-street parking space shall consist of a
space adequate for parking an automobile with room for
opening doors on both sides, together with properly related
access to a public street or alley and maneuvering room.
Required off-street parking areas for three or more auto-
mobiles shall have individual spaces marked, and shall be so
designed, maintained, and regulated that no parking or
maneuvering incidental to parking shall be on any public
street, walk or alley, and so that any automobile may be
parked and unparked without moving another.
67. PLANNING AND ZONING COMMISSION - The agency appointed by the
City Council as an advisory budy to it and which is author-
ized to recommend changes in the zoning or special exception
uses.
68. PLANNING COMMISSION - A planning commission is a voluntary
group of local citizens who are appointed by a city's
governing body for the purpose of advising the governing
body on the scope and direction of the city's planning
activities. The primary purpose of the commission is to
ensure the municipality is equipped with a well prepared and
up-to-date comprehensive plan along with any supporting
plans to ensure its success. The commission will often have
as additional duties; a) subdivision regulation, b) commun-
ity facilities planning, c) capital improvements program-
ming, d) annexation review, e) urban design leadership.
The planning commission may be combined with the zoning
commission. The resulting body has responsibilities for
developing a comprehensive plan and making recommendations
for implementation of the land use portion. Such Commission
shall operate under and obtain its authority from appro-
priate statutes, ordinances and any Home Rule Charter of the
City of Southlake.
69. PLAT - A plan of a subdivision of land creating building
lots or tracts and showing all essential dimensions and
other information essential to comply with the subdivision
standards of the City of Southlake and subject to approval
by the Planning and Zoning Commission. The plat must be
prepared by a professional civil engineer registered in the
State of Texas or a Public Surveyor registered in the State
of Texas. Reference to a plat in this ordinance means an
official plat of record which has been approved by the
Planning and zoning commission and filed in the plat records
of Tarrant County.
70. PREMISES - Land together with any buildings or structures
occupying it.
3-12
71. PRIVATE CLUBS - A group of people associated with or
formally organized for a common purpose, interest or
pleasure, including organizations with facilities for the
storage, sale, possession or serving of any alcoholic
beverage permitted by the laws of the State of Texas, and
where none of such facilities are available except to
members or their guests.
72. PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space,
other than a street or alley permanently established or
reserved or dedicated in private ownership as the principal
means of vehicular access to property abutting thereon.
73. QUARRY OR MINING - The storage, display or sale of ore,
clay, stone, gravel, topsoil, or similar materials. The
process of quarrying, mining, dredging, removing, screening,
crushing and/or washing shall be a use included in this
definition. This definition does not include the storage,
display or sale of such materials when the same is
incidental to the operation of a use such as nurseries,
hardware stores, etc., and which uses are already spec-
ifically provided for in specific district regulations
otherwise in this ordinance.
74. RESIDENCE - Same as a dwelling; also when used with the word
District, an area of residential regulations.
75. SANITARY LANDFILL - A site for the accumulation of refuse or
other discardable materials which are to be covered over
with soil and/or fill material. This definition shall not
be construed as and is separate from that of a Junk or
Salvage Yard.
76. SERVANTS AND FAMILY QUARTERS - An accessory building located
on the same lot grounds with the main building and used as
living quarters for servants employed on the premises or
family of the owner of the premises and not to be rented or
otherwise used as a separate domicile.
77. SETBACK - The minimum horizontal distance between the front
wall of any projection of the building, excluding steps and
unenclosed porch and the street line. (Same as BUILDING
LINE.)
78. SIGN - Any device designed to inform or attract the atten-
tion of persons not on the premises on which the sign is
located, provided, however, that the following shall not be
included in the application of the regulations herein:
3-13
a. Signs not exceeding one square foot in area and bearing
only property numbers, postal box numbers, names of
occupants of premises, or other identification of
premises not having commercial connotations;
b. Flags and insignia of any government except when dis-
played in connection with commercial promotion;
c. Legal notices; identification, informational, or
directional signs erected or required by governmental
bodies;
d. Integral decorative or architectural features of
buildings, except letters, trademarks, moving parts, or
moving lights.
79. SPECIAL EXCEPTION - A special exception is a use that would
not be appropriate generally or without restriction through-
out the zoning district but which, if controlled as to
number, area, location or relation to the neighborhood,
would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity or
general welfare. Such uses may be permitted in such zoning
district as special exceptions if specific provision for
special exception is made in this zoning ordinance.
80. STORY - That part of a building included between the surface
of one floor and the surface of the floor next above, or if
there be no floor above, that part of the building which is
above the surface of the highest floor thereof. A top story
attic is a half story when the main line of the eaves is not
above the middle of the interior height of such story. The
first story is the highest story having its interior floor
surface not more than four (4) feet above the adjoining
ground level.
81. STREET - A thoroughfare which affords the principal means of
access to property abutting thereon.
82. STREET LINE - The dividing line between the street and the
abutting property.
83. STRUCTURE - Anything constructed or erected with a fixed
location on the ground, or attached to something having a
fixed location on the ground. Among other things, struc-
tures include buildings, mobile homes, walls, fences,
billboards, and poster panels.
3-14
84. STRUCTURAL ALTERATIONS - Any change in the supporting
members of a building, such as bearing walls, columns, beams
or girders, or any substantial changes in the roofs or
exterior walls, excepting such repair or replacement as may
be required for the safety of the building, but not in-
cluding openings in bearing walls as permitted by the City
Building Code.
85. THOROUGHFARE OR COLLECTOR - As defined in the City's latest
approved Comprehensive PLan.
86. TOURIST HOME OR DUDE RANCH - A dwelling in which accommoda-
tions are provided or offered for transient or temporary
guests for compensation.
87. TRAVEL TRAILER - A mobile vehicle built on a chassis and
designed and used as a temporary place of dwelling and of
such size and design as to be subject to licensing for
towing on the highway by a passenger motor vehicle or other
prime mover and not requiring a special permit for moving on
the highway as contrasted to a mobile home.
88. VARIANCE - A variance is a relaxation of the terms of the
zoning ordinance where such variance will not be contrary to
the public interest and where, owing to conditions peculiar
to the property and not the result of the actions of the
applicant, and a literal enforcement of the ordinance would
result in an unnecessary hardship. A variance is authorized
only for height, area, and size of structure or size of
yards and open spaces. Establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor
shall a variance be granted because of the presence of
non-conformities in the zoning district or uses in an
adjoining zoning district.
89. YARD, FRONT - A yard across the full width of the lot
extending ~rom the front line of the main building to the
front line of the lot. (See drawings - 3-9 and 3-10.)
90. YARD, REAR - A yard between the rear lot line and the rear
line of the main building and the side lot lines. (See
drawings - 3-9 and 3-10.)
91. YARD, SIDE - A yard between the building and the side line
of the lot and extending from the front yard to the required
minimum rear yard. (See drawings 3-9 and 3-10.)
3-15
92. ZONING COMMISSION - A group of citizens of a community
appointed by the governing body primarily for the purpose of
formulating the zoning ordinance text and map in the initial
stage. Further, the commission conducts public hearings for
proposed changes to the ordinance and forwards its adminis-
trative recommendations to the governing body for their
legislative action.
"Where a City Plan Commission already exists, it may be
appointed as the Zoning Commission". The preceding sentence
is a direct quote from Article 1011f, Vernon's civil
Statutes of the State of Texas.
The Zoning Commission is also known as the Planning Commiss-
ion, the Planning and Zoning Commission, the Commission or
"p & Z." The City of Southlake combines the planning and
zoning functions into one body, officially known as the
Planning and Zoning Commission.
93. ZONING DISTRICT MAP - The official certified map upon which
the boundaries of the various Zoning Districts are drawn and
which is an integral part of the Zoning Ordinance.
3-16
SECTION 4 - NONCONFORMING LOTS, NONCONFORMING USES OF LAND,
NONCONFORMING STRUCTURES, AND NONCONFORMING USES
OF STRUCTURES AND PREMISES
4.1
4.2
INTENT - Within the districts established by this ordinance
or amendments that may later be adopted there exist lots,
structures, and uses of land and structures which were lawful
before this ordinance was passed or amended, but which would
be prohibited, regulated, or restricted under the terms of
this ordinance or future amendment. It is the intent of this
ordinance to permit these nonconformities to continue until they
are removed, but not to encourage their survival. Such uses are
declared by this ordinance to be incompatible with permitted
uses in the districts involved. It is further the intent of
this ordinance that nonconformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for adding
other structures or uses prohibited elsewhere within the same
district. A nonconforming use of a structure, a nonconforming
use of land, or a nonconforming use of a structure and land
shall not be extended or enlarged after passage of this ordi-
nance by attachment on a building or premises of additional
signs intended to be seen from off the premises, or by the
addition of other uses of a nature which would be prohibited
generally in the district involved.
EXISTING BUILDING PERMITS - To avoid undue hardship, nothing in
this ordinance shall be deemed to require a change in the plans,
construction, or designated use of any building or land develop-
ment project for which a building permit was lawfully issued
no more than six months prior to the date of adoption or
amendment of this ordinance. Construction on a building
permit issued prior to the adoption of this ordinance must be
begun within six months of the adoption date and must be
completed within two years of adoption as under Section 11.4,
Expiration of Building Permit. Such permit shall not be renewed
or extended without all other conditions of this zoning ordi-
nance having been met. Actual construction is hereby defined to
include the placing of construction materials in permanent
position and fastened in a permanent manner; except that where
demolition or removal of an existing building has been substan-
tially begun preparatory to rebuilding, such demolition or
removal shall be deemed to be actual construction, provided that
work shall be diligently c~rried on until completion of the
building involved.
4-1
4.3
4.4
4.5
SIZE NONCONFORMITY OF LOTS OF RECORD - In any district in which
singlefamily dwellings or commercial buildings are permitted,
notwithstanding limitations imposed by other provision of this
ordinance, a single-family dwelling or commercial building and
customary accessory buildings may be erected on any single lot
of record at the effective date of adoption or amendment of this
ordinance where zoning under this ordinance is otherwise
proper. This provision shall apply even though such lot
fails to meet requirements for width or area, or both, that are
generally applicable in the district, provided that yard
dimensions and other requirements not involving area or width,
or both, of the lot shall conform to the regulations for the
district in which such lot is located. Variance of area, width,
and yard requirements shall be obtained only through action of
the City Council.
NONCONFORMING USES OF LAND - Where, at the effective date of
adoption or amendment of ~his 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:
a. 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;
b. 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 amendme-
nt of this ordinance;
c. If any such nonconforming use of land ceases for any reason
for a period of more than six (6) consecutive months or for
eighteen (18) months during any three-year period, any
subsequent use of such land shall conform to the regulations
specified by this ordinance for the district in which such
land is located;
d. No additional building not conforming to the requirements
of this ordinance shall be erected in connection with such
non-conforming use of land.
NONCONFORMING STRUCTURES- Where a lawful structure exists at the
effective date of adoption or amendment of this ordinance that
could no% 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:
4-2
a. Such structure may not be enlarged in a way which increases
its nonconformity;
4.6
b. Such structure may not be altered in a way which increases
its nonconformity;
Should such structure be destroyed by any means to an extent
of more than fifty(50%) percent of its replacement cost at
time of destruction, it shall not be reconstructed except in
conformity with the provisions of this ordinance; however,
one family (single family) dwellings, as defined in Section
3.2.27, may be reconstructed in a way which does not
increase its nonconformity from the original structure.
do
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 struc-
ture, or structure and premises in combination, 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;
Any nonconforming use may be extended throughout any parts
of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment for this
ordinance, but no such use shall be extended to occupy any
land outside such building;
Any structure, or structure and land in combination, in or
on which a nonconforming use is superseded by a permitted
use, shall thereafter conform to the regulations for the
district in which such structure is located, and the
nonconforming use may not thereafter be resumed;
When a nonconforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for
six (6) consecutive months or for eighteen (18) months
during any three (3) year period, the structure thereafter
shall not be used except in conformance with the regulations
of the district in which it is located;
4-3
4.7
4.8
e. Where nonconforming use status applies to a structure and
premises in combination, removal or destruction of the
structure shall eliminate the nonconforming status of the
land. Destruction, for the purpose of this subsection, is
defined as damage to an extent of more than fifty (50%)
percent of the replacement cost at time of destruction;
f. Where nonconforming use status applies to a conforming
structure, such use shall be immediately terminated upon
transfer to another ownership or lease.
REPAIRS AND MAINTENANCE - On any building devoted in whole or in
part to any nonconforming use, work may be done in any period of
12 consecutive months on ordinary repairs, or on repair or
replacement of nonbearing walls, fixture, wiring or plumbing, to
an extent not exceeding twenty-five percent (25%) of the current
replacement value of the building, provided that the cubic
content of the building as it existed at the time of passage or
amendment of this ordinance shall not be increased.
If a nonconforming building or portion of a building containing
a nonconforming use becomes physically unsafe or unlawful due to
lack of repairs and maintenance, and is declared by any duly
authorized City official to be unsafe or unlawful by reason of
physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations
of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged
with protecting the public safety, upon order of such official.
USES UNDER EXCEPTION PROVISIONS: NOT NONCONFORMING USES - Any
use for which a special exception is granted pursuant Lo 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 exception.
Any existing special use exception at the effective date of this
ordinance shall be considered a non-conforming use and shall be
subject to all terms of this ordinance relating to non-conform-
ing uses, unless the zoning classification under this ordinance
for the property to which the special use attaches allows that
particular special use.
4-4
5.1
5.1-1
5.1-2
5.1-3
SECTION 5 - DISTRICT REGULATIONS
AG AGRICULTURAL DISTRICT - The regulations set forth in this
Section, or as set forth elsewhere in this ordinance when
referred to in this section, are the regulations of the "AG
Agricultural District"-
PURPOSE AND INTENT - The purpose of the "AG Agricultural
District" is to provide for compatible land, building and
structure uses primarily oriented to: agricultural farming and
ranching; and extremely low density residential purposes. The
district's locational characteristics are usually confined to
the outer fringe of developed urbanized areas and/or along
unprotected flood-prone areas. The district also serves as 1)
a transitional land use element pending future, more intensive
urbanization; 2) open space for the protection and enhancement
of scenic areas, vistas, and recreational uses; and 3) where
unusual or problematic soils, topographic conditions or sensi-
tive ecological features are present that would normally not be
conducive or appropriate to more intensive forms and patterns of
urbanization.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
PERMITTED PRINCIPAL USES
a. Agricultural Uses - Farms, ranches, orchards, truck gardens,
nurseries for the growing of plants and similar agrarian
activities involving the growing of plants and raising and
pasturing of livestock, including accessory feeding pens but
not commercial feeding pens, provided that no operation
shall be obnoxious or offensive.
bo
Residential Uses
1. Single family detached dwelling housing the owner or
operator of the agricultural use upon which said
dwelling is situated or to be situated, provided:
a) The site area allocated to said residential dwelling
use shall not be less than one (1) acre.
2. Supplemental single family detached dwelling used
exclusively for the housing of full time employees
employed on the premises for the express purpose of
managing or operating the agricultural use or uses of
the owner residing on the same tract of land.
5-1
5.2
5.2-1
5.2-2
5.2-3
"RE" SINGLE FAMILY "ESTATE" RESIDENTIAL DISTRICT - The regula-
tions set forth in this section, or as set forth elsewhere in
this ordinance when referred to in this section, are the
regulations of the "RE" Single Family Estate Residential
District.
PURPOSE AND INTENT - The purpose and intent of the "RE" Single
Family Estate Residential District: is to provide for compat-
ible land, building and structural uses primarily oriented to
low density residential estate purposes, select agricultural
uses, open space uses, and select community facility uses. The
locational characteristic of this district is generally confined
to the outer fringe of the more intensely urbanized and deve-
loped areas, and/or along unprotected flood prone areas. The
district further serves as a transitional element between
limited residential development and intense agricultural
activities and of higher density urbanized areas of the City.
Low density detached single family residential dwellings and
estate development, along with the aforedescribed uses, comprise
the principal elements of the district.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
PERMITTED PRINCIPAL USES
a. Agricultural Uses
Horticultural activities such as nurseries for the
growing of trees, plants, flowers and items of a similar
nature and character for which retail or wholesale sales
are not conducted on the premises.
Agricultural uses whose products are grown primarily for
on-premises consumption, such as domestic gardening,
berry or bush crops, tree crops, flower gardening,
orchards and aviaries.
b. Residential Uses
Single family detached dwellings housing the owner or
operator of the agricultural use upon which said
dwelling is situated or to be situated, provided:
a) The site area allocated to said residential dwelling
use shall be not less than one (1) acre; and
b)
The entire tract of land upon which said dwelling is
situated or to be situated, including the principal
single family dwelling described in the preceding
5-2
c)
paragraph b.l.a) is in single ownership and com-
prises a contiguous area of not less than five (5)
acres; and
The minimum lot (site) width devoted to said
dwelling shall be not less than three hundred (300)
feet.
Community Facility Uses - Public, semi-public and private
parks, recreation and open space including: playgrounds,
parkways, greenbelts, ponds and lakes, botanical, gardens,
pedestrian paths, bicycle paths, equestrian bridle trails,
nature centers, bird and wildlife sanctuaries, private boat
docks, swimming pools and game courts, and other uses of a
similar nature and character.
5-3
5.3
5.3-1
5.3-2
5.3-3
SF-1 SINGLE-FAMILY DISTRICT - The regulations set forth in this
subsection, or as set forth elsewhere in this ordinance when
referred to in this subsection, are the regulations of the SF-1
- Single Family Residential District.
PURPOSE AND INTENT - The purpose and intent of the SF-1 -
Single Family Residential District is to provide for compatible
land, building, and structure uses primarily oriented to iow
density residential purposes, select agricultural uses, open
space uses, and select community facility uses. The locational
characteristics of this district are not confined to any
specific or general area; however, they are most appropriate on
the outer fringe of the more intensively urbanized parts of the
community, and/or along protected flood prone area. The
district further serves as a transitional element between
limited residential development and intense agricultural
activities with that of higher density urbanized areas of this
City. Low density detached single family residential dwellings
and development, along with the aforedescribed uses, comprise
the principal elements of the district.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
PERMITTED PRINCIPAL USES
Agricultural Uses - Agricultural uses whose products are
grown primarily tor home consumption, such as domestic
gardening, berry or bush crops, tree crops, flower garden-
ing, orchards, and aviaries.
b. Residential Uses Single family detached dwellings.
Community Facility Uses - Public, semi-public and private
parks, recreation and open space including: playgrounds,
parkways, greenbelts, ponds and lakes, botanical gardens,
pedestrian paths, bicycle paths, equestrian bridle trails,
nature centers, bird and wildlife sanctuaries, private boat
docks, swimming pools and game courts, and other uses of a
similar nature and character.
5.4
5.4-1
5.4-2
5.4-3
SF-2 SINGLE-FAMILY DISTRICT - The regulations set forth in this
subsection, or as set forth elsewhere in this ordinance when
referred to in this subsection, are the regulations of the SF-2
- Single Family Residential District.
PURPOSE AND INTENT - The purpose and intent of the SF-2
Single Family Residential District is to provide for compatible
land, building, and structure uses primarily oriented to
moderately low density residential purposes, open space uses,
and select community facility uses. The locational characteris-
tics of this district are generally confined to the inner frame
of the more intensely urbanized and developed areas, and/or
along protected flood prone areas. Moderately low density
detached single family residential dwellings and development,
along with the aforedescribed uses~ comprise the principal
elements of the district.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
PERMITTED PRINCIPAL USES
a. Agricultural Uses - Agricultural uses whose products are
grown primarily £or home consumption, such as domestic
gardening, berry or bush crops, tree crops, flower garden-
ing, orchards, and aviaries.
b. Residential Uses Single family detached dwellings.
c. Community Facility Uses - Public, semi-public and private
parks, recreation and open space including: playgrounds,
parkways, greenbelts, ponds and lakes, botanical gardens,
pedestrian paths, bicycle paths, equestrian bridle trails,
nature centers, bird and wildlife sanctuaries.
5-5
5.5
5.5-1
5.5-2
5.5-3
SF-3 SINGLE-FAMILY DISTRICT - The regulations set forth in this
subsection, or as set forth elsewhere in this ordinance when
referred to in this subsection, are the regulations of the SF-3
- Single Family Residential District.
PURPOSE AND INTENT - The purpose and intent of the SF-3 -
Single Family Residential District is to provide for compatible
land, building, and structure uses primarily oriented to
moderately low density residential purposes, open space uses,
and select community facility uses. The locational characteris-
tics of this district are generally confined to the inner frame
of the more intensely urbanized and developed areas, and/or
along protected flood prone areas. Moderately low density
detached single family residential dwellings and development,
along with the aforedescribed uses, comprise the principal
elements of the district.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
PERMITTED PRINCIPAL USES
am
Agricultural Uses - Agricultural uses whose products are
grown primarily ~or home consumption, such as domestic
gardening, berry or bush crops, tree crops, flower garden-
ing, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings.
Community Facility Uses - Public, semi-public and private
parks, recreation and open space including: playgrounds,
parkways, greenbelts, ponds and lakes, botanical gardens,
pedestrian paths, bicycle paths, equestrian bridle trails,
nature centers, bird and wildlife sanctuaries.
5-6
5.6
5.6-1
PLANNED UNIT DEVELOPMENT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when
referred to in this section, are the regulations of the "PUD -
PLANNED UNIT DEVELOPMENT District."
PURPOSE AND INTENT - The "PUD" Planned Unit Development District
is designed to encourage a greater flexibility and the opportun-
ity for a higher standard of land development than is permitted
under conventional regulations. As such it makes feasible the
application of planning concepts dealing with planned unit
development of residential areas, planned shopping centers, and
planned industrial parks. Improvements in a "PUD" District are
subject to conformance with a site plan approved by Council on
Commission recommendation and after public hearing thereon.
Property may be classified under the "PUD" Planned Unit Develop-
ment District in combination with any district and so designated
by the letters "PUD" affixed to the code letters of the base
district. When the "PUD" designation is so affixed to another
base district, development may proceed in accordance with the
provisions of this section.
5.6-2
SPECIAL REGULATIONS
a. When the "PUD" District is combined with any other District
and the property is to be used for a non-residential purpose
the tract shall have a gross area of at least three (3)
acres. In addition to the Development Controls for non-res-
idential uses special attention shall be given to the
potentially adverse effects of the proposed development on
adjacent residential properties. The Commission shall not
recommend for Council approval any site plan which it finds
will create unnecessary traffic congestion on local streets
in such residential area, will create a potential hazard to
such properties by reason of water ponding or by intens-
ifying water flows, or will otherwise be operated in such
manner as to be detrimental to the health, safety, or
welfare of occupants of adjacent land.
b. When the "PUD" classification is combined with any other
District and the property is to be used for a residential
purpose the tract shall have a gross area of at least ten
(10) acres, the Yard Requirements for residential uses shall
apply only to the total site and to individual blocks within
the site; in lieu of the Minimum Lot Area-Lot width require-
ments the Bulk Controls of the district in which the
property, or part thereof, is located shall apply. The
Commission shall not recommend for Council approval of any
district where it finds conflict with other portions of the
intent of these regulations or where establishment of the
district would be contrary to the safety, health or general
welfare of occupants of adjacent land.
c. No uses other than those allowed under this ordinance
shall be allowed within a PUD District. No land shall be
used and no building shall be erected for or converted to
any use other than the specific use or uses granted here-
under.
5-7
5.6-3
5.6-4
SITE pLAN APPROVAL REQUIRED - A site plan approved by the
Council shall be a prerequisite to issuance of building permits
and certificates of occupancy for any property in the district
other than those which are entitled to same by reason of other
provisions of this ordinance.
a. Information to be Shown - The site plan shall show all
pertinent information as necessary to accompany an applica-
tion for building permit and such other information pertin-
ent to the site and surrounding area as the Commission may
require, including a schedule of proposed improvements both
on-site and off-site.
b. Public Hearings Required - A request for site plan approval
shall be processed in accordance with the same review and
hearing procedure as a proposal for zoning district change.
A site plan approval request may be heard concurrent with or
subsequent to a zoning change request, but not before.
c. Modification of Site Plan - The Commission may recommend and
the Council may require such modification of a site plan as
will permit the proposed project to be in harmony with the
existing and anticipated development of surrounding areas.
d. Amendments - All site plans approved hereunder may be
amended pursuant to the same procedure and subject to the
same limitations and requirements by which such plans were
originally approved.
SITE PLAN INFORMATION - Every application for approval of a site
plan under the terms of this district shall contain sufficient
information delineating the characteristics of the site, changes
in those characteristics as may be proposed by the development,
how the development will relate to public services and facil-
ities, and what protection features are included to insure that
the development will be compatible with existing and allowable
development on adjacent property. The site plan shall show at
least the following items of information.
a. The land area included within the site and the existing
zoning classifcation thereof, the land area of all abutting
sites and the zoning classification thereof, all public and
private rights-of-way and easements bounding and intersect-
ing the site and the abutting sites which are proposed to be
continued, created, relocated and/or abandoned;
b. The proposed finished grade of the site, shown to contour
intervals of not to exceed two (2) feet;
c. A description of the proposed site and the boundaries
thereof;
5-8
d. The location of each existing and each proposed structure on
the site, the general category of use or uses to be con-
tained therein, the number of stories, gross floor area,
the location of entrances and exits to buildings, the
percentage coverage of the site of the proposed structures
and the location of all building lines.
e. The location of all on-site facilities for liquid and solid
waste temporary storage pending disposal;
f. The location and width of all curb cuts and driving lanes;
g. The dimensions and capacities of parking areas and loading
areas, and the character and location of illumination
facilities for same;
h. All pedestrian walks, malls and open areas for use by
tenants or the public;
i. The location and height of all walls, fences and screen
planting;
j. The location, size, height and orientation of all signs
other than signs flat on building facades;
k. The types of surfacing, such as paving, turfing or gravel,
to be used at the various locations;
5.6-5
An increase
A reduction
buildings;
1. The location of fire hydrants;
m. Drainage plans and information as may be available to show
that the development will not be adversely affected by
flooding action.
n. The variances, if any, from the standard district zoning
classification;
o. The anticipated schedule of development of the site.
ADMINISTRATIVE ACTION - On approval of the site plan all
necessary permits or certificates authorized thereby may be
issued. Subsequent to such approval, minor changes may be
authorized by the Enforcing officer when such minor changes will
not cause any of.the following circumstances to occur:
a. A change in the character of the development;
b. An increase in the ratio of the gross floor areas in
structures to the area of any lot;
c. in the intensity of use;
d. in the originally approved separations between
An increase in the problems of circulation, safety, and
utilities;
5-9
5.6-6
f. An increase in the external effects on adjacent property;
g. A reduction in the originally approved setbacks from
property lines;
h. An increase in ground coverage by structures;
i. A reduction in the ratio of off-street parking and loading
space to gross floor area in structures;
j. A change in the subject, size, lighting, flashing, animation
or orientation of originally approved signs.
Upon any conflict existing between the language contained herein
regarding site plan requirements and any site plan ordinance of
the City, more specific requirements shall apply.
5-10
5.7
5.7-1
5.7-2
COMMUNITY SERVICE - The regulations set forth in this section,
or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "CS - COMMUNITY SERVICE
District."
PURPOSE AND INTENT - The "CS" Community Service District is
designed to permit those institutional and related uses which
are established in response to the educational, safety and
welfare needs of the community.
PRINCIPAL USES - In this district no building or land shall be
used and no building shall be hereafter erected, reconstructed
or structurally altered or enlarged except for one or more of
the following principal uses.
a. Public kindergartens, elementary and secondary schools, and
private kindergartens, elementary and secondary schools
whose curricula satisfy the requirements of the State Public
School Laws and the regulations of the State Department of
Education.
b. Higher education institutions: Junior and senior colleges,
universities, conservatories and seminaries, offering
curricula recognized by collegiate, academic and profes-
sional organization accrediting boards.
c. Museums, libraries, fine arts centers, and similar cultural
facilities sponsored, operated or maintained for the benefit
of the general public.
d. Golf courses (except commercially operated minature golf
courses and commercially operated golf driving ranges) on a
site containing a total area of not less than forty (40)
acres; parks, playgrounds, community centers and country
clubs.
e. Institutions, rehabilitation and training centers offering
non-academic programs, when operated or sponsored by
chartered educational, religious or philanthropic organiza-
tions, but excluding uses such as trade schools, which are
operated primarily on a commercial basis.
f. Public safety facilities: civil defense operational
centers, policy and fire stations and training facilities.
g. utility buildings and structures: power sub-stations, water
tanks and reservoirs, water and sewage treatment plants.
h. Religious institutions: churches and facilities for
worship, fellowship and education.
5-11
5.7-3
5.7-4
ACCESSORY USES - Any use may be established as an accessory use
to any permitted principal use when it complies with the
conditions for accessory uses as defined in this Ordinance.
SPECIAL EXCEPTION USES - The following uses may be established
only when authorized by the City. Any use accessory to the
following may be permitted without specific approval provided it
complies with the limitations of sub-section 5.7-3 above.
a. Medical Care Facilities: Nursing and care homes; hospitals
with their related facilities and supportive retail and
personal services used, operated by or under the control of
the hospital primarily for the convenience of patients,
staff and visitors. Must also comply with site plan
requirements.
b. Helistop or aircraft landing area for loading and unloading
of passengers and air express.
c. Cemetery uses.
Application - An application for a cemetery use must be
made to the Planning and Zoning Commission in writing
and shall include:
a) Name and address of applicant.
b) Location and legal description of proposed cemetery
land.
c) Complete plan in conformity with the requirements of
Development Plan hereinafter provided.
d) Preliminary specifications of all buildings,
improvements, utility installations and other
facilities to be constructed on or under the land
proposed for zoning change.
e) Such further reasonable information as may be
required by the Planning and Zoning Commission.
Development Plan - The cemetery shall conform to the
following minimum requirements:
a) Located on a well drained site, properly graded to
insure rapid drainage and freedom from stagnant
pools of water.
b) All walkways and driveways within a cemetery shall
be all weather, hard-surfaced.
5-12
Location - Any cemetery,
ated for the use thereof,
ing minimum requirements
c) When a public or community sewer system is avail-
able, sewer connections shall be installed as
required by the local plumbing code. If the
cemetery is not to be served immediately by a sewage
collection system connected to a community treatment
plant or to a public sewage facility, the occupancy
of any building, residence or other structure shall
be restricted until a septic tank and subsurface
drainage field designed and constructed in accord-
ance with methods and standards approved by the
State Department of Health and the local Plumbing
Code has been installed, inspected and approved by
the City.
If the permitted use is not to be served immediately
by a water utility, occupancy shall be prohibited
until water satisfactory for human consumption is
available from a source on the land, or a public
utility source, in adequate and sufficient supply
for human use and operation of a septic tank and
system. Individual water supplies must be in
conformity to the local Plumbing Code.
d) All cemeteries must qualify and be maintained as a
perpetual care cemetery as provided in 912a, Revised
Civil Statutes of Texas, 1925, as amended, and any
other applicable State laws.
e) Comply with all building codes, including but not
limited to plumbing, electrical, streets, and
general codes, of the City of Southlake, Texas, or
other applicable governmental authority.
f) All use of the surface land or underground, or
buildings or structures of any type shall comply
with all applicable City, County, State, Federal or
other applicable governmental agency requirements as
to health, sanitation, ventilation, pollution and
associated matters.
or any portion of land design-
shall comply with the follow-
as to location:
a)
Conform to distance requirements of 912a-24, Revised
Civil Statutes of Texas, as amended, and such
minimum distances shall be measured from the nearest
city limit point of any city or cities (other than
the City of Southlake, Texas) to the boundary of the
said cemetery land nearest to the city limit of the
other city by direct line measurement.
5-13
b) Located not less than five hundred (500) feet from
any residence or structure used for living purposes
or any well, creek, lake, tank, reservoir or pond,
or other such water source or place of storage,
passage, or drainage.
Parking - All parking shall be off-street parking with
hard-surface all-weather parking surfaces located in the
rear or side yard next to buildings. There shall be one
(1) parking space for each four (4) seats in any
assembly portion of any building or structure.
Screening and Fencin~
a) All land actually used for buildings and/or burial
spaces shall be completely enclosed in a fence with
gates capable of being locked to prevent trespassers
from entering said premises.
b) Any additional fencing, screening, walls, landscap-
ing, or ornamental planting shall be installed if
deemed necessary by the City Council in relation to
the property itself or in relation to any adjoining
property.
5-14
5.8
5.8-1
5.8-2
5.8-3
OFFICE - 1 - The regulations set forth in this section, or as
set forth elsewhere in this ordinance when referred to in this
section, are the regulations of the "01 - Office One District."
PURPOSE AND INTENT - This district is intended to encourage and
permit general professional and business offices of high site
quality and appearance in attractive landscaped surroundings
with the types of uses, and design exterior appearance so
controlled as to maintain the integrity and be generally
compatible with existing and future adjacent and surrounding
single-family development. This district should generally be
located in areas abutting arterial and/or collector streets
which are, because of location and trends, suitable for develop-
ment of office uses that are compatible with residential uses
thereby maintaining the character and integrity of existing and
developing neighborhoods. This district is also ideally located
in transitional areas between commercial and residential
development which is adaptable to occupancy by certain office
uses. The ultimate development must provide a low intensity of
land usage and site coverage to enable the site to retain its
park-like image for the residential neighborhoods nearby and for
the tenants that seek pleasant landscaped surroundings.
USE REGULATIONS Land, buildings and structures may be used
only for the purposes set forth in this section. More than one
building per lot is permitted assuming requirements in other
portions of this and other ordinances are still met.
PERMITTED PRINCIPAL USES - Including but not limited to the
following types of offices and related retail uses:
a. Medical' (Outpatients Treatment Services Only:
Physicians, Psychiatrists, Psychologists, Etc.
Dentists
Chiropractors
Optometrists
Podiatrists
bo
General
Corporate headquarters [when used for office purposes only]
Chamber of Commerce
Real estate and insurance
Accounting and tax preparation
Law
Architecture, engineering, planning and land survey
Banking, finance and savings and loan
Consumer and mercantile credit reporting, adjustment and
collection services
5-15
Employment and stenographic services
Utility offices and bill-paying services
Advertising agencies
Duplication and mailing services
Interior design
Securities and commodities brokers, dealers, underwriters
and exchange offices
Business holding and investment services
Contractor's office provided no outside storage or display
is permitted
Travel bureau
Computer services
Management consultants
Title companies
Radio, recording and television broadcasting
Community Uses - Public, semipublic and private parks,
recreation and open space including: playgrounds, parkways,
greenbelts, ponds and lakes, botanical gardens, pedestrian
paths, bicycle paths, equestrian bridle trails, nature
centers, bird and wildlife sanctuaries, libraries and City
Hall(s) and other uses of a similar nature and character.
5-16
5.9
OFFICE - 2 - The regulations set forth in this section, or as
set forth elsewhere in this ordinance when referred to in this
section, are the regulations of the "02 - office Two District."
The regulations for this district are identical to those for
01 excepting for building height. As shown in the Schedule
of District Regulations, 01 permits only a two story building
whereas 02 permits a six story building.
5-17
5.10
5.10-1
5.10-2
RETAIL - 1 - The regulations set forth in this section, or as
set forth elsewhere in this ordinance when referred to in this
section, are the regulations of the "Ri - Retail One District."
PURPOSE AND INTENT - This district is intended for a unified
grouping, in one or more buildings, of several, typically five
or more retail and service shops or stores that provide for the
regular needs and are for the convenience of local residents.
It is intended that the development within a district or tract
be developed as a unit, with adequate off-street parking for
customers and employees, with coordinated architecture, and with
appropriate landscaping and screening to insure compatibility
with adjacent land uses.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
5.10-3
PERMITTED PRINCIPAL USES
FOOD AND BEVERAGE
Grocery Store
Bakery
Dairy Store
Meat, Fish (Retail)
Catering, Cafe
Supper and Night Clubs
Frozen Food Locker
PERSONAL SERVICES
Barber & Beauty
Music, Dance, Art
Health, Weight
Travel
Pet Grooming
Laundry & Dry Cleaning
Laundromat
GENERAL MERCHANDISE
Drug Store
Jewelry & Watch
Florist
Landscape, Greenhouse
Camera
Department, Discount,
Arts, Crafts, Hobby
Household, Antique
Paint
Pet
Bait & Tackle
Hardware
Bicycle
Sporting Goods
Service Station
Variety
5-18
REPAIR
Bicycle
Clothing Repair, Alterations
Locksmith
Camera, Jewelry & Watch
Household Appliance
AUTOMOTIVE
Car Wash
Parts & Accessories
Class, Mufflers, upholstery
Auto Repair (Goodyear)
5-19
5.11
5.11-1
ETAIL - 2 - The regulations set forth in this section, or as
~et forth elsewhere in this ordinance when referred to in this
section, are the regulations of the "R2 - Retail Two District."
PURPOSE AND INTENT - This district is intended for a unified
grouping, in one ur more buildings, of several, typically five
or more retail and service shops or stores that provide for the
regular needs and are for the convenience of local residents.
It is intended that the development within a district or tract
be developed as a unit, with adequate off-street parking for
customers and employees, with coordinated architecture, and with
appropriate landscaping and screening to insure compatibility
with adjacent land uses.
The regulations for this district are identical to the regula-
tions for the R1 District excepting that the maximum building
size permitted in R1 is 40,000 square feet whereas the maximum
building permitted in the R2 District is 100,000 square feet.
Retail facilities comprising an aggregate floor space in excess
of 100,000 square feet must be permitted under the Planned Unit
Development regulations contained in this ordinance.
5-20
5.12
5.12-1
5 ,2-_
5.12-3
5.12-4
5.12-5
INDUSTRIAL - 1 - The regulations set forth in this section, or
as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "I-1 INDUSTRIAL ONE
District."
PURPOSE AND INTENT - This district is intended primarily for the
conduct of light manufactuzing, assembling and fabrication, and
for warehousing, wholesaling, and service operations that do
not depend primarily on frequent personal visits of customers or
clients but that may require good accessibility to major rail,
air facilities or highways. This district is designed to
upgrade industrial development standards, prevent industrial
blight and protect light industrial development from incompat-
ible residential and commercial uses.
It is the intent of the City that from the date of this ordin-
ance that heavy industrial manufacturing or processing activi-
ties not be permitted within the C~y~
OUTSIDE STORAGE OR ACTIVITIES - No outside storage or work may
be performed in this district.
INDUSTRIAL ~A~{~ ~N~ LOT SIZE - It is the intent of the City that
industrial development occur in industrial parks of at least
five (5) acres. To that end, industrial districts must be
henceforth at least five acres in size. Individual lots with
individual ownership within a five acre industrial district may
be less than five acres; but must comply with other sections of
this ordinance.
PERFORMANCE STANDARDS -
USE REGULATIONS - Land,
only
See Performance Standards Appendix.
buildings and structures may be used
for the purposes allowed in this section.
5.12-6 PERMITTED PRINCIPAL USES
Public utilities
Advertising
Vocational and Trade Schools
Medical Service Facilities and Labs
Office Showrooms
Dry Cleaning, Dyeing, etc.
Auction Gallery
Animal Hospitals (Domestic Pets Only)
Indoor Amusement Center
Light Manufacturing and Assembly
5-21
5.13
5.13-1
5.13-2
5.13-3
5.13-4
5.13-5
INDUSTRIAL - 2 - The regulations set forth in this section, or
as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "I-2 INDUSTRIAL TWO
District."
PURPOSE AND INTENT - This district is intended primarily for the
conduct of light manufacturing, assembling and fabrication, and
for warehousing, wholesaling, and service operations that do not
depend primarily on frequent personal visits of customers or
clients but that may require good accessibility to major rail,
air facilities or highways. This district is designed to
upgrade industrial development standards, prevent industrial
blight and protect light industrial development from incompat-
ible residential and commercial uses.
It is the intent of the City that from the date of this ordin-
ance that heavy industrial manufacturing or processing activi-
ties not be permitted within the City.
OUTSIDE STORAGE OR ACTIVITIES - Outside storage or work may
be performed in this district.
INDUSTRIAL PARK AND LOT SIZE - It is the intent of the City that
industrial development occur in industrial parks of at least
five (5) acres. To that end, industrial districts must be
henceforth at least five acres in size. Individual lots with
individual ownership within a five acre industrial district may
be less than five acres; but must comply with other sections of
this ordinance.
PERFORMANCE STANDARDS - See Performance Standards Appendix.
USE REGULATIONS - Land, buildings and structures may be used
only for the purposes allowed in this section.
5.13-6 PERMITTED PRINCIPAL USES
Ambulance Service
Transportation Terminals
Airports
Storage Yards
Animal Hospitals (large animals)
Lumber & Building Materials
Steam Cleaning
Rental (vehicles & machines)
~orseshoe Service, Trade Schools
Pest Extermination
Self-Service Storage
Ice Distribution Center
utility Companies with outside storage
Light Manufacturing and Assembly
5-22
5.14
OTHER APPLICABLE REGULATIONS - Any use not expressly authorized
and permitted herein is exp£essly prohibited in these Dis-
tricts. See the Schedule of District Regulations for maximum
densities, lot size requirements, yard requirements, lot
coverage requirements and the maximum height of buildings and
structures. See Section 9 for off-street parking requirement
and Section 10 for off-street loading requirements. See
separate sign ordinance concerning permitted signs. Also see
Appendix A.1 - Bufferyards for Bufferyard requirements. Also
see Section 5.17 - Avigation Easement for requirements relating
to areas impacted from aircraft noise. Also see Performance
Standards Appendix regarding environmental performance require-
ments.
5-23
5.15
PERMITTED ACCESSORY USES
Agricultural Accessory Uses In "AG" District Only - Acces-
a. ~ory buildings and structures clearly incidental to the
above operations, including but not limited to barns,
stables, equipment sheds, granaries, pump houses, water
tanks and silos; but not including slaughter houses or
processing of agricultural products, animals or poultry.
b. Agricultural Accessory Uses In "RE" District Only
1. Accessory buildings enclosing equipment or activities in
conjunction with the permitted principal agricultural
uses.
2. Private stables for the keeping of grazing animals,
provided:
a) Ground accumulations of manure shall be collected
and properly disposed of so as not to create
offensive odors, fly breeding, or in any way
become a health hazard or nuisance to humans or
animals.
b) Fences for pens, corrals or similar enclosures shall
be of sufficient height and strength to properly
retain the grazing animal(s) on the premises; and
c) The minimum space area upon which such grazing
animal(s) may be enclosed, including pasture, pens,
corrals, and stables, shall not be less than fifteen
thousand (15,000) square feet per each grazing
animal over 500 pounds and not less than five
thousand (5,000) square feet for any other grazing
animal.
c. Residential Accessory Uses; In AG - RE - SF1, 2 & 3
1. Private residential garages, carports and related
storage buildings and greenhouses accessory to permitted
residential uses.
2. Private swimming pools, wading pools, and game courts
(lighted or unlighted), provided that: if lighted, the
lighting shall be so directed and shielded so as not to
shine directly on any adjacent residential property; and
further provided that any such pool or game court is for
the private use of the site occupants and their guests,
5-24
and not operated as a business. Ail "at grade" swimming
pools with a water depth greater than twenty-four (24)
inches and "above grade" swimming pools having a water
depth twenty-four (24) inches or more, except for
portable tot pools, shall be enclosed by a fence and
gate of a height so designated by the Southern Building
Code or any other building code adopted by the City,as
amended, of such material and design to discourage
unauthorized entry to the facility. Such pool(s)
may be located in a side or rear yard, but not within a
front yard, and shall not be located closer than five
(5) feet to any side or rear property line.
Lanais, gazebos, garden and patio shelters, and child-
ren's playhouses, provided the privacy enjoyed by
adjacent residential dwellings is not impaired.
Non-commercial radio and television receiving antennae
and non-commercial radio transmitting antennae limited
in height to sixty (60) feet (measured from the ground
line in front of the dwelling or use facing a public
street), and further provided no electrical, radio or
television signal interference is created which would
adversely affect such signals, whether audio or visual
to nearby dwellings and other permitted uses.
Required off-street parking and loading spaces.
Home occupation uses, as defined by this ordinance -
definitions - "Home Occupation Use".
Parking and storage of private boat(s), camper
trailer(s), or other recreational vehicle(s), in
conformance with Section 7.
Model and/or sample homes for the purpose of promoting
sales shall be permitted, providing these structures are
located on and within the same tract or subdivision of
land being developed for sale.
Accessory buildings or uses customarily incidental to any
permitted principal use shall be permitted and all outside
storage areas shall be suitably screened in conformance with
subsection 7.20, Screening Regulations.
5-25
5.16
5.16-1
SPECIAL EXCEPTION USES In order to allow for certain uses
which, because of the unique or unusual character thereof,
cannot be unconditionally permitted in these districts, yet
would or could be an appropriate or compatible use under certain
controlled circumstances and locations, the City Council after a
public hearing and recommendation by the Planning and Zoning
Commission and holding itself a public hearing may, authorize
and grant the issuance of a "Special Exception" for the
following special exceptions, contingent upon reasonable and
appropriate conditions and safeguards, including the length of
time thereof, when appropriate, so as to properly protect any
adjacent property, use, or neighborhood character, as well as
insure the appropriate conduct of the special exception use of
the land or buildings granted. If the special exception use
desired is not included in the following, the provisions of
Section 14 Amendments must be met.
In "AG",
"RE", "SF-1, 2, 3" DISTRICTS
a. Public and parochial/private schools, not including correct-
ional institutions or trade schools.
b. Churches, temples, synagogues and other similar buildings of
worship, and have direct access to a throroughfare or
collector street.
c. Public, semi-public and private golf courses together with
related clubhouse, pro-shop and maintenance/storage build-
ings, provided no building is located closer than one
hundred (100) feet from any adjoining side or rear property
lines or closer than fifty (50) feet to a public street
right-of-way line.
d. Children's nurseries, child day-care centers and kinder-
gartens when a part of the main or accessory building of a
church, temple or synagogue, provided exterior open instr-
uctional or play areas are suitably fenced from any adjacent
street or parking area or any adjacent property.
e. Temporary roadside stand for the seasonal sale of fruit,
vegetables and produce raised or grown on the premises,
provided that any such stand shall be set back not less than
fifteen (15) feet from the adjacent street right-of-way and
adjacent property lines, and further provided said stand
shall be removed when the seasonal use shall cease. (Not in
SF or RE Districts.)
5-26
f. Equestrian riding stables, tack rooms, show rings, and rodeo
grounds, either private or when operated as a business,
provided adequate measures are employed to prevent health
hazards to humans or animals, and controlled as not to
create offensive nuisances or odors. (Not in SF or RE
Districts.)
g. Dude ranches catering to temporary guests housed on the
premises. (In "AG" only.)
h. Colleges, junior colleges or other similar institutions of
higher learning, whether public or private, when located on
a site 6f at least twenty (20) acres, and provided such
facilities have direct access to a major thoroughfare street
or highway and further provided that buildings and intensive
use outdoor facilities are set back a minimum of one hundred
(100) feet from all property lines.
i. Archery ranges, provided that when such facilities are
enclosed no target shall be closer than fifty (50) feet to
any property line and that a solid fence, wall or other
suitable shield shall be maintained behind each target. The
direction of shooting shall be away from any residential
dwelling, park, school, church or other place of public
assembly, animal pen or horse corral. (In "AG" only.)
j. Marina or yacht club, whether private or public. (In "AG"
only.)
k. Community centers and service clubs dedicated to social or
recreational activities serving the City or neighborhood
thereof. Such buildings and facilities shall be set back at
least thirty (30) feet from all side and rear property lines
and forty (40) feet from any street line. The total ground
floor area of all such buildings and structures shall not
cover more than twenty-five (25) percent of the site area
devoted to such facilities and activities.
Athletic stadiums, public or private, when located adjacent
to a thoroughfare or collector street.
Fish hatcheries and fish farms. (In~"AG" only.)
Convents, monasteries, and other high density religious
living quarters when accessory to a church, temple or
synagogue.
Public governmental buildings limited to police stations,
fire stations, community health centers, neighborhood
community centers and recreation buildings, libraries,
museums, postal stations and administrative offices of
federal, state or municipal government.
5-27
Servants or family quarters for domestic servants employed
on the premises or family members of the owner of the
premises and shall not be rented or otherwise used as a
separate domicile provided the gross habitable square feet
of floor area shall not exceed one thousand (1000) square
feet. Such quarters may be housed within the principal
residential dwelling, above a residential garage, or be part
of an accessory building on the same premises, and shall
comply with minimum standards for light, health, safety and
occupancy in conformance with other applicable City Codes
and Ordinances. If the quarters exist as a separate
accessory building to the principle dwelling, such quarters
must be located at a distance of at least thirty (30) feet
behind the principle dwelling, or not be visible from the
street; in addition, such quarters must share a common
street access with the principle dwelling. All utilities
must be on the same meter as the principle dwelling. A
separate septic system from the principle dwelling is
required if the quarters are housed other than in the
principal dwelling.
Temporary real estate sales office, located on property
being sold and limited to period of sale, but not exceeding
two years without special extension from the Zoning Board of
Adjustment.
5.16-2 IN OFFICE AND RETAIL DISTRICTS
a. Public and parochial/private schools, not including correct-
ional institutions or trade schools.
Colleges, junior colleges or other similar institutions of
higher learning, whether public or private, when located on
a site of at least twenty (20) acres, and provided such
facilities have direct access to a major thoroughfare street
or highway and further provided that buildings and intensive
use outdoor facilities are set back a minimum of fifty
(50) feet from all property lines.
c. Hospitals when located on a site of not less than (5) acres.
5.16-3 IN INDUSTRIAL DISTRICTS
a. Sales and service of new or used automobiles, trucks or
motorhomes.
5-28
AVIGATION EASEMENT - Certain geographical areas within the City
are or may be impacted by noise and other activities associated
with commercial aviation operations originating and terminating
at DFW International Airport. It is the intent of the City of
Southlake that prospective buyers or tenants of undeveloped or
developed property located in areas that may be adversely
affected by DFW flight operations be fully aware of that
potential before signing a purchase or rent agreement. Those
areas are shown on the Recommended Land Use Map on display at
City Hall, or on maps published by the Airport. A copy of that
map is also on display at City Hall. Areas shown on the land
use map indicating a required Avigation Easement or with in
Noise Zones B & C on the DFW Airport map are subject to the
following requirements:
The City of Southlake henceforth requires that all residential
or non-residential subdivision plats submitted to the City of
Southlake for review, approval and eventual filing in Tarrant
County Plat Records contain an avigation easement dedication.
That easement shall appear on the plat instrument and shall be
clearly legible. Wording for the easement appears on the
following page.
Additionally, the "noise contour" lines and their potential
effect as stated on published maps shall be displayed on plats
when all or any portion of platted property is within noise
contours "B" or "C". Platted property within 1000 feet of the
"B" countour line shall contain information showing general
distance and direction to the nearest point on the contour.
5-29
AVIGATION E~E~ENT AND RELF~SE
THE STATE OF TEXAS )
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS,
hereinafter called "Owner" (whether one or more), is the owner of that certain
parcel of land situated in or within the extraterritorial jurisdiction of the
City of Southlake, Tarrant and Denton Counties, Texas, being more particularly
described hereon for all purposes:
NOW, THEREFORE, in consideration of the sum of ONE AND 00/100
($1.00) DOLLAR, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged and confessed, Owner(s) do(es)
hereby wiave, release, quitclaim, and forever hold harmless the City of
Southlake, Texas, a municipal corporation, hereinafter call "City", from any
and all claims for da~ge of any kind that Owner(s) may now have or may herein-
after have in the future by reason of the passage of all aircraft ("aircraft"
being defined for the purposes of this instrument as any contrivance now known
or hereinafter, invented, used, or designed for navigation of or flight in the
air) by whomsoever owned and operated, in the air space above Owner's property,
as hereon before described, and above the surface of Owner's property such
noises, vibration, fumes, dust, fuel, and lubricant particles, and all other
effects that may be caused by the operation of aircraft landing at or taking
off from, or operating at or on the Dallas/Fort Worth International Airport;
and Owners do hereby fully having remiss, and release any right or cause of
action which it may now have or which it ~y in the future have against the
City, whether such claim be for injury to person or da~u~ge to property due to
noises, vibration, fumes, dust, fuel and lubricant particles, and all the other
effects that may be caused or may have been caused by the operation of aircraft
landing at, or taking off from, or the operation and/or maintenance of aircraft
or aircraft engine at or on said Dallas/Fort Worth International Airport.
It is agreed that this release shall be binding opon the Owner, their heirs and
assigns, and successors in interest with regard to said property located in or
in the extraterritorial jurisdiction of the City of Southlake, Tarrant County,
Texas, and it is further agreed that this instrument shall be a covenant
running with the land, and shall be recorded in the Deed Records of Tarrant
County or Denton County, as appropriate, Texas.
Executed this day of , A.D.,
(0wner)
(Proper Acknowledgment)
5-30
6.2
APPENDICES - The City Council may issue supplementary auxiliary
regulations by ordinance or motion and may include then in this
ordinance as appendices. Contemplated or already in existence
at the writing of this ordinance are the following regulations
that may be applicable to proposed development and may or may
not be included as an appendix to this basic ordinance:
a. Control of sales of alcoholic beverages.
b. Site Plans required for all non-residential developments.
c. Masonry exteriors required on certain buildings.
d Highway, Farm to Market Road and Thoroughfare Setbacks.
e. Subdivision Ordinance.
Bufferyards Required between certain pairings of zoning
classifications.
g. Separate Sign Ordinance.
h. Animal Control that regulates the number and reason for
housing animals in certain areas.
6-2
SECTION 7 -SUPPLEMENTARY DISTRICT REGULATIONS
7.1
7.2
7.3
FENCES, WALLS, HEDGES - Notwithstanding other provisions of
this ordinance, fences, walls, and hedges may be permitted in
any required yard, or along the edge of any yard as a screening,
decorative or containment element not to exceed eight (8) feet
in height, provided the following shall be observed:
a. At Intersections - On a corner lot in any district, nothing
shall be erected, placed, planted, or allowed to grow in
such a manner as to naturally impede vision between a height
of two and one-half (2 1/2) and ten (10) feet above the
centerline grades of the intersection streets in the area
bounded by the street lines of such corner lots and a line
joining points along said street lines thirty-five (35)
feet from the point of the intersection.
b. At Interior Lots - On an interior lot in any district,
nothing shall be erected, placed, planted or allowed to grow
in such a manner as to impede vision or in any way create a
traffic hazard to motorists, whether the impediment includes
entering or exiting any public highway, street, alley, or
private street or highway, driveway from or to adjacent
private property.
USE OF BARBED WIRE OR ELECTRIC FENCES
a. Barbed wire fences may be used without restrictions when in
conjunction with agricultural and related activities.
b. Electric Fences Electric fences and fence charging devices
(UL approved only) are allowed only in conjunction with
agricultural and related activities for the purposes of
containing horses and livestock, or for the security of
crops grown on the premises, and shall be plainly labeled
for ease of identification.
ACCESSORY BUILDINGS - The following regulations shall govern the
location and use of any accessory building:
a. No accessory building shall be erected closer than five (5)
feet to a property line located in the rear yard.
b. No accessory building shall be erected within ten (10) feet
of any other building, except that detached residential
garages may be located within five (5) feet of the main
Dwelling.
c. No accessory building shall be constructed upon a lot until
the construction of the principal building or use has
7-1
7.4
7.5
actually been commenced, and no accessory building shall be
used unless the main building in a lot is completed and
used.
No accessory building shall be used for dwelling purposes
other than by domestic servants employed entirely on the
premises or by family members and only as in compliance with
individual district regulations.
TEMPORARY BUILDINGS - Temporary buildings used in conjunction
with construction work may only be permitted in any district
during the period that the construction work is in progress; but
such temporary buildings shall be promptly removed within
fifteen (15) consecutive days upon completion of the construc-
tion work and issuance of a "certificate of occupancy."
ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT - Unless
7.6
7.7
otherwise specifically permitted in this ordinance, no more than
one principal structure may be erected on a single lot.
BUILDINGS CONSTRUCTED ACROSS LOT LINES - No building may be
constructed across existing platted lot lines unless a replat is
filed and approved in accordance with applicable regulations of
the City.
EXCEPTIONS TO HEIGHT REGULATIONS
Schools, publicly owned buildings and institutions may be
erected to a height not exceeding eighty-five (85) feet in
any district in which they are permitted, provided front and
rear yards are increased in depth and side yards increased
in width one foot for each foot of height that the building
exceeds the height regulations of the district in which it
is located, and further provided that adequate municipal
fire fighting equipment is available to accommodate the
additional height.
bo
Height regulations prescribed elsewhere in this ordi-
nance shall not apply except as may be applicable to
sub-section 7.7.d. to grain elevators, commercial television
and radio towers, church spires, belfries, cupolas, anten-
nas, water tanks, ventilations, chimneys, fire towers, stage
towers, scenery lofts, cooling towers, ornamental towers,
monuments, conveyors, fuel storage tanks, asphalt and
concrete mix batch plant equipment, flag poles, or other
appurtenances usually required to be placed above the roof
leuel and not intended for human occupancy. Height of such
facilities is subject to approval by City Council or
designated parties.
Co
Limitations on number of stories shall not apply to build-
ings used exclusively for storage purposes provided such
buildings do not exceed the height in feet permitted in the
district in which they are located.
7-2
The permitted height of any occupied building shall be
further restricted to the capability of the local or
available fire fighting equipment to adequately handle any
such building height.
7.8 PROJECTIONS OF BUILDINGS, STRUCTURES AND APPURTENANCES INTO
7.9
REQUIRED YARDS
Se
Terraces, balconies, decks, uncovered porches and ornamental
features which do not extend more than four (4) feet from
the side wall line, above the floor level of the ground
(first) story, may project into a required side yard,
provided these projections be a distance of at least eleven
(11) feet from any adjacent side lot line. Such features
may not project into a required front or rear yard more than
eight (8) feet from the front or rear wall line.
be
An uncovered, unenclosed porch projecting into the front
yard setback may not be more than eighty (80) square feet or
project into the front yard setback for a distance of more
than five (5) feet.
Ce
Every part of a required yard shall be open to the sky,
unobstructed by a building, except for the ordinary projec-
tions of sills, belt courses, cornices and ornamental
features not exceeding twelve (12) inches. Roof eaves may
project in required side yards not to exceed twenty-four
(24) inches.
Gasoline filling station pumps and pump islands may be loc-
ated or project into a required yard provided they are not
less than twenty-five (25) feet distance from any street,
highway or alley right-of-way line, and not less than fifty
(50) feet distance from any residential property line.
MINIMUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE
7.10
Where an open space is more than fifty (50) percent surrounded
by a building, the minimum width of the open space shall be at
least twenty (20) feet for one-story and one and one-half story
buildings, thirty (30) feet for two-story buildings, and forty
(40) feet for three or more story buildings.
BUILDINGS AND STRUCTURES TO HAVE ACCESS - Every building or
structure hereafter erected or moved shall be on a lot adjacent
to a public street, so located on lots as to provide safe and
convenient access for servicing, fire protection, and required
off-street parking.
7-3
7.11
PARKING AND STORAGE OF VEHICLES: GENERAL
so
In order to avoid the unsightly visual impact and clutter of
indiscriminately parked or stored junked and/or abandoned
vehicles so as to promote and maintain a desirable aesthetic
appearance of the City, no motor vehicles or trailers
of any kind or type without current state license plates,
where required, shall be parked or stored on any lot or
parcel unless compliance with at least one of the following
provisions are met:
1)
Such vehicle(s) or equipment is contained within an
enclosed garage or other accessory building.
2)
Such vehicle(s) or equipment is adequately screened or
separated by substantial distance from view from any
adjacent public street, highway or adjacent property,
provided such screens, parking or storage area is behind
the nearest portion of a principal building to a street
or highway.
3)
Farm and ranch vehicles and equipment, when used in
conjunction with farm and ranch activities conducted on
the premises, are not considered applicable to the
provisions of this paragraph 2).
No commercial vehicle or trailer (exclusive of pick-up
trucks and carry-all van trucks), when used in the employ by
the site occupant of a dwelling, may be parked on a resi-
dentially zoned lot.
Off-street vehicle parking spaces may be located within the
required front yard of any retail, office or industrial dis-
trict; however, such off-street parking spaces shall be on a
hard surfaced drive or parking area.
Required off-street parking and loading spaces shall be
located on the same lot with the building or use served,
except as otherwise allowed in Section 9 and Section 10 of
this ordinance.
e. No overnight on-street parking of commercial vehicles is
permitted in districts zoned residential.
No standing of private or commercial vehicles, trailers, or
equipment shall be permitted on any streets, roads, or
public rights-of-way for a period exceeding 72 continuous
hours.
g. Where on-street parking is permitted it shall be parallel
parking.
7-4
7.12
7.13
PARKING AND STORAGE OF MAJOR RECREATIONAL EQUIPMENT - Major
recreational (motor homes, travel trailers, campers for pickups
and trucks, boats and trailers, motorcycle trailers, etc.)
equipment shall not be parked or stored on any residential or
agricultural lot except when in conformance with one of the
following provisions:
a. Such equipment shall be wholly contained in an enclosed
garage or carport.
When such equipment is not parked or stored in accordance
with paragraph a. above, then one of the following require-
ments shall be met:
i)
Such equipment shall be parked or stored behind the
nearest portion of a dwelling to the adjacent street or
highway and upon an appropriate driveway; or
2)
Where the dwelling has a building setback of fifty (50)
feet or more from any adjacent public street or highway,
then such equipment may be parked or stored on an
appropriate driveway in front of the dwelling, not
closer than thirty (30) feet to said street or highway.
Such equipment may, however, be parked anywhere on a
residential or agricultural premise not to exceed
twenty-four (24) hours for the purposes of loading and
unloading only.
No such equipment shall be used for living, sleeping or
housekeeping purposes when parked or stored on a
residential or agricultural lot, nor in any location not
approved for such use.
FRONT YARD ADJUSTMENTS - Front yard requirements as established
in Section 5 - Schedule of District Regulations - may be
adjusted in the following cases (providing there is no conflict
with future street or highway right-of-way requirements):
ae
Where forty (40) percent or more of the frontage on the same
side of a street between two intersecting streets is
presently developed or may hereafter be developed with
buildings that have (with a variation of ten (10) feet or
less) a front yard greater or lesser in depth than herein
required, new buildings shall not be erected closer to the
street than the average front yard so established by the
existing buildings.
7-5
7.14
Where forty (40) percent or more of the frontage on one side
of a street between two intersecting streets is presently
developed or may hereafter be developed with buildings that
do not have a front yard as described above, then:
1) Where a building is to be erected on a parcel of land
that is within one hundred (100) feet of existing
buildings on both sides, the minimum front yard shall be
a line drawn between the two closest front corners of
the adjacent building on each side; or
2) Where a building is to be erected on a parcel of land
that is within one hundred (100 feet of an existing
building on one side only, such building may be erected
as close to the street as the existing adjacent
buildings.
Interior lots abutting on two streets shall provide the
required front yard on both streets.
On corner lots, a front yard shall be provided on each
street frontage except for lots of record.
e. Front yard requirements in all districts adjacent to an
existing or proposed major thoroughfare or secondary
thoroughfare street, as designated in the City's latest
Comprehensive Plan, shall be measured from such existing or
proposed major thoroughfare or secondary thoroughfare street
right-of-way line.
f. No building or structure adjacent to a State or Federal
numbered highway, including the frontage/service roads
thereof, shall be located or erected closer than fifty (50)
feet from any such right-of-way. Said fifty (50) feet front
yard may, however, be used for off-street parking, drive-
ways, and permitted signs, canopies, and pump islands of
gasoline service stations. This provision is subject to
considerable modification with respect to highways and
farm-to-market roads as it relates to future right-of-way
requirements.
SIDE YARD ADJUSTMENTS - Side yard requirements as established in
Section 5 - Schedule of District Regulations and in Buffer Yard
Appendix - may be adjusted in the following cases:
Commercial buildings used in part for dwelling purposes
(hotel, motel, and other approved temporary quarters),
where permitted, shall provide side yards not less than five
(5) feet in width unless every dwelling unit therein opens
directly upon a front yard, rear yard or courtyard.
7-6
7.15
7.16
7.17
7.18
b. Whenever a lot of record at the time of the effective date
of this ordinance has a width of less than fifty (50) feet,
the side yard on each side of a building may be reduced to a
width of not less than ten (10) percent of the width of the
lot, but in no instance shall such width be less than four
(4) feet.
c. On corner lots of record the yard adjacent to the side
street shall not be less than fifty (50) feet.
REAR YARD ADJUSTMENTS - Rear yard requirements as established in
Section 5 - Schedule of District Regulations and in Buffer Yard
Appendix - may be adjusted in the following cases:
a. Where a lot abuts an alley, one-half (1/2) the alley width
may be considered as part of the required rear yard.
LOT AREA PER FAMILY ADJUSTMENTS - Lot area per family (dwelling
unit) requirements as established in Section 6 Schedule of
District Regulations - shall be adjusted in the following cases:
a. Where a lot of record or a lot in a subdivision which the
Planning and Zoning Commission and City Council have
officially approved and agreed to accept at the time of the
effective date of this ordinance has less area or width than
herein required in the district in which it is located, said
lot may nonetheless be used for a residential or non-
residential use, whichever applicable, in the district in
which it is located.
b. Where the conditions relevant to subsections 7.17 and 7.18
exist, then the provisions of said subsections shall prevail
regarding lot size adjustments.
HEALTH REGULATIONS: WATER SUPPLY - If the permitted use is not
to be immediately served by an approved municipal water utility
or from an approved source on the lot, occupancy shall be
prohibited and no "certificate of occupancy" issued until such
domestic water is available and serviced from such approved
municipal water utility or approved on-premise lot source. Such
water supply shall be provided in adequate and sufficient supply
and quality for human use and consumption, and for operation of
an on-premise septic tank and system if no come,unity or public
sewer system is available. Individual water supply and piping
requirements shall be in conformance with the City's Plumbing
Code, and the 10t size increased to an appropriate size, if
required, to prevent contamination from any sewage disposal
system.
HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is
not to be immediately served by a sewage collection system
connected to an approved community treatment plant or public
7-7
7~19
7.20
sewage facility, then such use shall be connected to an approved
on-premise septic tank and subsurface drainage field designed
and constructed in conformance with the methods and standards
approved by the State Department of Health and City's Plumbing
Code. Where the use of an on-premise septic tank and subsurface
drainage field is to be employed, the minimum lot size must be
one acre per family or residence and must be deemed appropriate
by the City Council of the City of Southlake. All lots to be
served by a private or septic system must have that system
installed in accordance with applicable city ordinances.
(Occupancy of any building or structure shall be prohibited and
no "certificate of occupancy" issued unless the provisions of
this subsection and of subsection 7.17 are fully complied with.)
PLATTING OF PROPERTY NOT PROPERLY ZONED - The City Planning and
Zoning Commission shall not recommend approval of any plat of
any residential or non-residential subdivision within the City,
or within its extraterritorial properties, unless and until the
area covered by the proposed plat is or shall be zoned to the
proper zoning classification by the City Council, after recom-
mendation from the City Planning and Zoning Commission. A
public hearing by the City Planning and Zoning Commission on a
proposed annexation, zoning classification and plat approval, or
any combination thereof, may be held simultaneously.
SCREENING REGULATIONS In cases where the buffer yard require-
ments do not apply, the following regulations shall apply: In
order to conserve and protect the value of adjacent land and
buildings, the following regulations are prescribed for the
location, type and height of required screening elements:
a. Residential Districts:
1)
Fences, walls and dense landscaped hedges or plantings
are permitted in any residential district as a screening
element; however, such screening element shall conform
to the regulations set forth in subsections 7.1 and 7.2
of this ordinance.
2)
Non-residential uses in a residential district shall be
solidly fenced from view of any adjacent residential lot
or dwelling use along the side and rear property lines
of such non-residential use to a height of eight (8)
feet. Said screening requirements shall not be manda-
tory for public schools, parks or churches, except where
a parking lot or active outdoor intensive use area (such
as a playground) is adjacent to a residential lot or
dwelling.
7-8
3)
Off-street loading areas shall be adequately screened
from view of any residential dwelling or lot or of any
other adjacent public or semi-public land use.
b. Non-Residential Districts:
1)
Fences, walls and dense landscaped hedges or plantings
are permitted in any non-residential district as a
screening element; however, such screening elements
shall conform to the regulations set forth in subsec-
tions 7.1 and 7.2 of this ordinance.
2)
Where a non-residential use or multi-family use abuts a
residential lot, use or district, the side and rear
property lines abutting said residential lot, use or
district shall be solidly fenced by the non-residential
use so as to obscure the view from the residential lot,
use or district to the non-residential use to a height
of eight (8) feet. Where the district boundary dividing
a residential district from a non-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, use or district shall
be suitably screened to a height of not less than three
and one-half (3 1/2) feet.
3)
Garbage, refuse and trash collection/storage areas shall
be fully enclosed by a suitably screened densely
landscaped hedge or planting, fence, or wall of six (6)
feet in height.
4)
In all districts where open storage is permitted and the
screening thereof is required, then such screening shall
be provided around the exposed perimeter thereof of
sufficient height to screen stored material from view
but not to exceed ten (10) feet in height.
5)
Off-street loading areas shall be adequately screened
from view of any residential dwelling lot or of any
other adjacent land use.
c. Screenin~ Standards:
1)
Screening, as herein referred, shall mean any of the
following:
7-9
2)
3)
a)
Any material constructed of masonry, or of a
concrete or metal frame, or wood base which supports
a permanent type material, the vertical surface of
which is not more than thirty (30) percent open; or
b)
Any dense evergreen hedge or plant material suitable
for providing a visual barrier, for which such
material shall be maintained in a healthy growing
condition.
No screening element shall be constructed, erected,
placed, planted or maintained in such position or
location so as to be dangerous or detrimental to the
health or safety of persons, or in any way obstruct the
view so as to constitute a traffic hazard to or on any
public or private street, alley or driveway.
Landscaped earth berms may, when appropriate in scale,
be used as a screening element in lieu of a fence, wall,
hedge or other dense planting material.
7-10
8.1
SECTION 8 - SIGN REGULATIONS
PURPOSE AND INTENT - The purpose of these regulations is to
create a comprehensive and harmoniously balanced system of
visual communication throughout the City while at the same time
promoting the public safety, welfare and efficient transfer of
sign messages information. All signs must be in accordance with
the Federal Highway Beautification Act adopted by the City of
Southlake as Ordinances 161-68 and 161-70, and other applicable
ordinances and statutes of the State of Texas.
The intent of these regulations is to permit the use of signs
which:
a. Are compatible with their surroundings and appropriate to
the type of land use activity to which they pertain:
Enhance the aesthetic appearance and economic value of the
landscape through regulations designated to avoid competi-
tion with scenic views and vistas within the City;
c. Express the identity of the individual proprietors of the
community as a whole;
Regulate the number, size and illumination level of signs to
avoid visual clutter, conflict and confusion in reading sign
messages so as to promote the legibility of signs in the
circumstances in which they are seen and observed; and
Do not create traffic hazards by confusing or distracting
motorists, or by impairing the driver's ability to see and
identify pedestrians, obstacles, other vehicles, or to read
traffic and directional signs.
8-1
9.1
9.2
9.3
SECTION 9 - OFF-STREET PARKING REQUIREMENTS
PURPOSE AND INTENT - The purpose and intent of these regulat-
ions are to secure safety from fire, panic and other dangers; to
lessen congestion in the streets and alleys; to facilitate the
adequate provision of transportation and circulation; to
conserve the value of building and land uses; and to encourage
the most appropriate use of land. To this end in all zoned
districts, there shall be provided at the time any use is
established or expanded, or any building or structure is erected
or structurally altered (except as otherwise provided elsewhere
in this section), minimum off-street parking in conformance
with the requirements established herein. Except as specif-
ically contained herein, no vehicles may park on city streets or
in front yards.
LOCATION OF PARKING SPACES - Ail parking spaces required herein
shall be located on the same lot with the building or use
served, except that where an increase in the number of spaces is
required by a change or enlargement of use or where such spaces
are provided collectively or used jointly by two or more
buildings or establishments, the required spaces may be located
and maintained not to exceed 300 feet from an institutional or
other non-residential building served.
Up to 50 percent of the parking spaces required for
theatres, public auditoriums, bowling alleys, dance halls,
night clubs, or cafes, and up to 100 percent of the parking
spaces required for a church or school auditorium may be
provided and used jointly by banks, offices, retail stores,
repair shops, services establishments and similar uses not
normally open, used or operated during the same hours,
provided, however, that written agreement thereto is
properly executed and filed as specified below.
In any case where the required parking spaces are not
located on the same lot with the building or use served, or
where such spaces are collectively or jointly provided and
used, a written agreement thereby assuring their retention
for such purposes shall be properly drawn and executed by
the parties concerned, approved as to form and execution by
the City Attorney and shall be filed with the application
for a building permit.
c. No required off-street parking space shall be located within
any public highway, street or alley right-of-way.
COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS - In
computing the minimum size and area of parking spacus and
parking areas, the following rules shall govern:
9-1
9.4
9.5
Parkin~ Space Size - No parking space shall be less than 9
feet in width by 18 feet in length for head-in parking and
8 feet by 22 feet for parallel parking; provided up to 10%
of the spaces required can be designated for compact autos.
Parking space sizes of 10 feet by 20 feet are, however,
encouraged where parking turnover rates would be higher than
for normal long term low turnover parking lots and areas.
Parkin~ Area Size - The minimum amount of parking area
(excluding "in garage" space but including parking space,
drives and turnarounds) required per car space for uses
permitted in this ordinance shall be computed as follows:
1) Residential Uses: 300 square feet per car;
2) Non-Residential Uses: 350 square feet per car.
TYPE OF PARKING SURFACE REQUIRED - Ail surface areas upon which
vehicles are parked or stored shall be of an all weather surface
material and constructed in accordance with applicable codes for
asphalt or concrete.
RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES - In
computing the number of parking spaces required, the following
rules shall govern:
a. "Floor Area" shall mean the gross floor area of the specific
use.
b. Where fractional spaces result, the parking spaces required
shall be construed to be the nearest whole number
The parking space requirement for a use not specifically
mentioned herein shall be the same as required for a use of
similar nature as determined by the City Planning and Zoning
Commission.
Whenever a building or use constructed or established after
the effective date of this ordinance is changed or enlarged
in floor area, number of employees, number of dwelling
units, seating capacity, or otherwise, to create a need for
an increase of 10 percent or more in the number of existing
parking spaces, such spaces shall be provided on the basis
of the enlargement of new total. Whenever a building or use
existing prior to the effective date of this ordinance is
enlarged to the extent of 25 percent or more in floor area
or in the area used, said building or use shall then and
thereafter comply with the parking requirements set forth
herein.
In the case of mixed or joint uses, the parking spaces
required shall equal the sum of the requirements of the
various uses computed separately.
9-2
9.6
NUMBER OF OFF-STREET PARKING SPACES REQUIRED - The minimum
number of off-street parking spaces required for residential and
nonresidential uses shall be in conformance with the following:
a. Residential Uses: (Note: Some residential uses shown below
are not permitted.)
1) Single Family Detached Dwellings: 2 spaces per dwelling
units exclusive of "in-garage" parking.
2) Fraternity or Sorority House: 1 space per each bed.
3) Boarding House or Rooming House: 1 space per each bed
or individual sleeping room.
4) Nursing, Rest or Convalescent Home, Home for the Aged,
Senior Citizens Apartment Dwelling, or Other Similar
Dwelling or Institution: 1 space per each 3 beds or 1
space per individual sleeping unit, whichever is
greater.
b. Non-Residential Uses:
1) Schools:
a) Elementary: 1 space for each classroom or teaching
station, plus 1 additional space for each 4 seats in
any auditorium, gymnasium, or other place of
assembly, whichever is greater.
b) Junior High/Middle School: Same requirements as
for elementary schools.
c) High School: 1 space for each classroom or teaching
station, plus 1 additional space for each 3 stu-
dents accommodated in the school.
d) College or University: Same requirements as for
high schools.
e) Day Care Centers or Kindergarten: 1 space per each
5 pupils accommodated, plus sufficient space to
accommodate off-street circulation for pickup and
delivery of children by auto.
Churches and Places of Worship: One (1) space for each
three (3) seats in the main sanctuary or auditorium.
9-3
3)
Other Institutions
a)
b)
c)
and Special Uses:
Hospital, General Acute Care: 1 space per each bed.
Hospital, Chronic Care: 1 space per each 3 beds.
Foster Home: 1 space per each 10 pupils or resid-
ents.
e) Institutions of a Philanthropic Nature: 10 spaces
plus 1 space for each employee.
4)
Community Facilities:
a) Art Gallery or Museum: 1 space per each 1,000
square feet of floor area.
b) Library: 1 space per each 150 square feet of floor
area.
c) Community Center (public or private): 1 space per
each 100 square feet of floor area.
d) Meeting Rooms and Places of Public Assembly: 1
space per each 3 seats.
e) Lodge or Fraternal Organization: 1 space per each
200 square feet of floor area.
5) Personal Service and Retail Uses:
a) Personal Service Shop or Establishment:
each 200 square feet of floor area.
1 space per
b)
Mortuary/Funeral Home: 1 space per each 50 square
feet of floor area in "slumber rooms," parlors, and
individual service rooms, or 1 space per each 2
seats accommodated in a chapel area, whichever is
greater.
c) Furniture Stores and Appliance Stores:
each 400 square feet of floor area.
1 space per
d) Gasoline Service Stations: Minimum of 6 spaces.
e) Retail Stores or Shops: 1 space per each 200 square
feet of floor area.
f) Open (Outdoor) Retail Sales: 1 space per each 600
square feet of open site area utilized, exclusive of
buildings.
9-4
6)
Office, Professional or Financial Uses:
(For all categories listed under this heading, a minimum
of eight spaces shall be provided for the first 1000
sq. ft.)
a)
Banks, Savings and Loan, or Other Similar Financial
Establishments: 1 space per each 300 square feet of
floor area.
b) Doctor's Offices and Medical Clinics: 1 space per
each 150 square feet of floor area.
c) Veterinarian Offices or Clinics:
300 square feet of floor area.
1 space per each
d) Offices, General: 1 space per each 300 square feet
of floor area.
e) Dance, Music, Display or Drama Studios: 1 space per
each 200 square feet of floor area.
f) Business, Trade or Craft School: 1 space per each 3
students in attendance at peak time of day.
g)
For mixed retail and office uses, the parking
requirements shall be based on the space allocated
for the various uses; and shall use the parking
requirements for those uses.
7) Transient Lodging Uses:
a)
Hotel, Motel, or Dude Ranch: 1 space per each room,
unit or guest accommodation plus specific require-
ments for restaurants, cocktail lounges, and related
facilities prescribed elsewhere in this section.
b)
Seasonal Camp or Cabin: 1 space per each sleeping
unit or cabin.
8) Eating and Drinking Establishments:
a)
Restaurant, Cafeteria or Cafe: 1 space per each 3
seats under maximum seating arrangement, or 1 space
per each 100 square feet of floor area, whichever is
greater.
b)
Drive-in Eating and Drinking Establishments: 12
spaces plus 1 space per each 50 square feet of floor
area.
c)
Cocktail Lounges, Taverns and Similar Establish-
ments: 1 space per each 100 square feet of floor
area.
9-5
10)
9)
Social, Recreation and Entertainment Uses:
a) Commercial Amusement Establishments:
each 100 square feet of floor area.
b) Bowling Alley: 6 spaces per
c) Private Club or Night club:
square feet of floor area.
d) Theatre: 1 space per each 3 seats.
e)
f)
g)
h)
1 space per
each bowling lane.
1 space per each 100
Country Club: 1 space per each 100 square feet of
floor area, exclusive of locker rooms and bath-
houses.
Recreation Club or Area, Private: 1 space per each
100 square feet of floor area.
Golf Course: 5 spaces per each green.
Sports Arena, Stadium or Gymnasium: 1 space per
each 3 seats or bench seating spaces.
Industrial Uses:
One (1) off-street parking space required per
square feet of under-roof area.
1000
9.7
PARKING FOR THE HANDICAPPED - Ail parking shall meet state,
federal and other applicable requirements with respect to parking
for the handicapped.
9.8
NO REPAIR WORK - The parking area shall be used for passenger
vehicles only and in no case shall it be used for sales, repair
work, storage, dismantling or service of any vehicles, equipment,
materials or supplies.
9-6
SECTION 10 - OFF-STREET LOADING REQUIREMENTS
10.1 PURPOSE AND INTENT - The purpose and intent of these regulations
are to secure safety from fire, panic and other dangers, to
lessen congestion in the streets and alleys; to facilitate the
adequate provision of transportation and circulation; to
conserve the value of building and land uses; and to encourage
the most appropriate use of land. To this end, in all zoned
districts where applicable, there shall be provided at the time
any use is established or expanded, or any building or structure
is erected or structurally altered (except as otherwise provided
elsewhere in this section), minimum off-street loading in
conformance with the requirements established herein.
10.2 LOCATION OF LOADING SPACES - Off-street loading spaces shall be
provided and maintained for all retail, office and indus-
trial uses and structures for receiving and loading merchandise,
supplies and materials within a building or on the lot or tract
adjacent thereto. Such spaces may be adjacent to a public alley
or private service drive or may consist of a truck berth within
a building or structure; however, no portion of the off-street
loading space (including turn-arounds) shall be located within
or extend into any public street, highway or alley right-of-way.
10.3 COMPUTATION OF OFF-STREET LOADING SPACE SIZES - At least
one-half of the required off-street loading ~paces or truck
berths shall have a minimum dimension of 10 feet by 50 feet each
and the remaining required spaces or berths shall have a minimum
dimension of 10 feet by 25 feet each - exclusive of turnaround
and maneuvering space.
10.4 TYPE OF PARKING SURFACE REQUIRED FOR LOADING SPACES - All
surface areas upon which vehicles and trucks are parked during
10.5
unloading and loading operations shall be of a dust-free hard
surface material.
RULES FOR THE COMPUTATION OF OFF-STREET LOADING SPACES
so
No building, structure or part thereof used for non-residen-
tial purposes in any office, Retail or Industrial District
shall hereafter be enlarged or extended unless off-street
loading space is provided in accordance with the provisions
of this section.
No building, structure or part thereof used for non-residen-
tial purposes in the Industrial Districts shall hereafter be
enlarged or extended to provide a gross floor area of 25,000
square feet or more unless off-street parking is provided in
accordance with the provisions of this section.
10-1
10.6
NUMBER OF OFF-STREET LOADING SPACES REQUIRED - The minimum
number of off-street loading spaces required shall be in
conformance with the following schedules:
a. Retail and Office Uses:
be
Sq. Ft. of Floor Area
In Building or Structure
0 to 9,999
10,000 to 49,999
50,000 to 99,999
100,000 to 199,999
Each Additional 100,000
Hotels/Motels,
1
Restaurants and Similar
Establishments:
Sq. Ft. of Floor Area
In Building or Structure
0 to 49,999
50,000 to 149,999
150,000 to 299,999
300,000 to 499,999
500,000 to 999,999
Each Additional 500,000
Industrial Establishments:
Sq. Ft. of Floor Area
In Building or Structure
0 to 9,999
10,000 to 24,999
25,000 to 49,999
50,000 to 99,999
100,000 & up
Minimum Number of Off-Street
Loading Spaces or Berths Required
None
1
2
3
Additional
Minimum Number of Off-Street
Loading Spaces or Berths Required
None
1
2
3
4
1 Additional
Minimum Number of Off-Street
Loading Spaces or Berths Required
2
3
4
Minimum 1 per 15,000 s.f.
Minimum 1 per 20,000 s.f.
10-2
10.7
DEVELOPMENT STANDARDS -
a. The off-street loading facilities shall be located on the
same lot as the structure they are primarily intended to serve.
b. No loading space shall be located closer than 100 feet from
any other lot unless within a building or surrounded on three
sides by a wall at least ten (10) feet in height.
c. No off-street loading facility may bae used for sales, repair
work, storage, dismantling or servicing of any vehicles, equip-
ment, materials or supplies.
10-3
SECTION 11 - ADMINISTRATION AND ENFORCEMENT:
BUILDING PERMITS AND CERTIFICATES OF OCCUPANu~
11.1
11.2
11.3
ADMINISTRATION AND ENFORCEMENT - An administrative official
designated by the City Council shall administer and enforce this
ordinance. He may be provided with the assistance of such other
persons or consultants as the City Council may direct.
If the administrative official shall find that any of the
provisions of this ordinance are being violated, he shall notify
in writing the person, according to the City's records, who owns
the tract of land, upon which the use is located, indicating the
nature of the violatioh and ordering the action necessary to
correct it. He shall order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings
or structures or of illegal additions, alterations or structural
changes, discontinuance of any illegal work being done; or shall
take any other action authorized by this ordinance to ensure
compliance with or to prevent violation of its provisions.
BUILDING PERMITS REQUIRED - No building or other structure shall
be erected, moved, added to, or structurally altered without a
permit therefor, issued by the administrative official. No
building permit shall be issued by the administrative official
except in conformity with the provisions of this ordinance,
unless he receives a written order from the Zoning Board of
Adjustment in the form of an administrative review, special
exception, or variance as provided by this ordinance.
APPLICATION FOR BUILDING PERMIT - Ail applications for building
permits shall be accompanied by plans in duplicate drawn to
scale showing the actual dimensions and shape of the lot to be
built upon, the exact sizes and locations on the lot of build-
ings already existing, if any, and the location and dimensions
of the proposed building or alteration. The application shall
include such other information as lawfully may be required by
the administrative official, including existing or proposed
building or alteration, existing or proposed uses of the
building and land, the number of families, housekeeping units,
or rental units the building is designed to accommodate,
conditions existing on the lot, and such other matters as may be
necessary to determine conformance with and provide"for the
enforcement of this ordinance.
The copy of the plan shall be returned to the applicant by the
administrative official, after he shall have marked such copy
either as approved or disapproved and attested to same by his
signature on such copy. The original plan, similarly marked,
shall be retained by the administrative official.
11-1
11.4
11.5
EXPIRATION OF BUILDING PERMIT - If the work described in any
building permit has not begu~ within four (4) calendar months
from the date of issuance thereof, said permit shall expire; it
shall be cancelled by the administrative official; and written
notice thereof shall be given to the original applicant at the
address given in such application.
If the work described in any building permit has not been
completed within two years of the date of issuance or extension
thereof, said permit shall expire and be cancelled by the
administrative official, and written notice thereof shall be
given to the persons affected, together with notice that further
work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained.
CERTIFICATE OF OCCUPANCY REQUIRED: FOR NEW, ALTERED, CHANGES IN
USE - It shall be unlawful to use or occupy or permit the use o6
11.6
occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted, or wholly or
partly altered or enlarged in its use or structure until a
certificate of occupancy shall have been issued therefor by the
administrative official stating that the proposed use of the
building or land conforms to the requirements of this ordinance,
as well as ordinances relating to the health laws, building code
and electrical and plumbing codes.
a. A temporary certificate of occupancy may be issued by the
administrative official for a period not exceeding six
months during the alterations or partial occupancy of a
building pending its completion, provided that such tempor-
ary certificate may include such conditions and safeguards
as will protect the safety of the occupants and the public.
b. The administrative official shall maintain a record of all
certificates of occupancy, and a copy shall be furnished
upon request to any person.
c. Failure to obtain a certificate
violation of this ordinance and
of this ordinance.
CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS,
PERMITS AND CERTIFICATES OF OCCUPANCY - Building permits
of occupancy shall be a
punishable under Section 17
PLANS,
or
certificates of occupancy issued on hhe basis of plans and
applications approved by the administrative official authorize
only the use, arrangement and construction set forth in such
approved plans and applications and no other use, arrangement or
construction. Use, arrangement or construction at variance with
that authorized shall be deemed violation of this ordinance and
punishable as provided by section 17 hereof.
11-2
12.1
12.2
12.2.1
12.2.2
SECTION 12 - SCHEDULE OF FEES, CHARGES AND EXPENSES
12.2.3
12.2.4
12.2.5
12.2.6
12.2.7
12.2.8
SCHEDULE OF FEES, CHARGES AND EXPENSES - The City Council shall
establish a schedule of fees, charges, and expenses and a
collection procedure for the administration, review and pro-
cessing of applications regarding the issuance of building
permits, certificates of occupancy, zoning change requests,
appeals, and other matters pertaining to this ordinance. The
schedule of fees shall be posted in the office of the administr-
ative official, and may be altered or amended only by the City
Council. This schedule shall be reviewed at least annually by
the City Council.
FEES REQUIRED - Until all applicable fees, charges, and expenses
have been paid in full, no action shall be taken on any applica-
tion or appeal. The fees shall not be refundable. Fees will be
required for the following items:
Application Regarding a Change of Zoning District Boundaries, or
Classifications Text of the Zoning District Regulations.
Application for a "Certificate of Occupancy" for Non-conforming
Structures.
Application for an Appeal and Hearing to the Zoning Board of
Adjustment.
Annexation of Property by Formal Petition: utility fee per lot.
Building Permits for Valuations Exceeding $100.
Sign Permits: As specified in Ordinance 161-70, or other
appropriate ordinances.
Moving of Buildings or Structures: As specified in Ordinance
No. 100.
Demolition of Buildings or Structures: As specified by
Ordinance.
12.2.9 Special Exception Use Filing Fee.
12.2.10 Impact Fees
12-1
13.1
13.2
SECTION 13 - BOARD OF ADJUSTMENT: PROCEDURE
ESTABLISHMENT - A Board of Adjustment is hereby established
which shall consist of five members and two alternates to be
appointed by the City Council. The term of office of said
members and alternates shall be two (2) years. In making such
appointments, the City Council shall name one appointee as
Chairman and one as Vice-Chairman. After the appointment of the
original members and alternates thereof, all vacancies occurring
on the Board of Adjustment shall be filled by appointment of the
City Council. Members and alternates of the Board of Adjustment
may be removed from office by the City Council for cause upon
written charges and after public hearing. Vacancies shall be
filled by resolution of the City Council for the unexpired term
of the member or alternate affected.
POWERS AND DUTIES - The Board of Adjustment shall have the
following powers and duties:
a. Administrative Review - To hear and decide appeals where it
is alleged there is error in any order, requirement,
decision, or determination made by the administrative
official in the enforcement of this ordinance.
b. Variances: Conditions Governing Applications: Procedures
To authorize upon appeal in specific cases such variance
from the terms of this ordinance as will not be contrary to
the public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance
would result in unnecessary hardship. A variance from the
terms of this ordinance shall not be granted by the Board of
Adjustment unless and until:
1) A written application for a variance is submitted
demonstrating:
a) That special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not applicable to
other lands, structures, or buildings in the same
district;
b) That literal interpretation of the provisions of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district under the terms of this ordinance;
13-1
c) That the special conditions and circumstances do not
result from the actions of the applicant;
d) That granting the variance requested will not confer
on the applicant any special privilege that is
denied by this ordinance to other lands, structures,
or buildings in the same district.
No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted use
of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a
variance.
2) Notice of public hearing shall be given at least fifteen
(15) days in advance of public hearing as in zoning
actions.
3) The public hearing shall be held. Any party may appear
in person, or by agent or attorney.
4) The Board of Adjustment shall make findings that the
requirements of Section 13.2 b. have been met by the
applicant for a variance.
5) The Board of Adjustment shall further make a finding
that the reasons set forth in the application.justify
the granting of the variance and that the variance is
the minimum variance that will make possible the
reasonable use of the land, building or structure.
6) The Board of Adjustment shall further make a finding
that the granting of the variance will be in harmony
with the general purpose and intent of this ordinance
and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards in conform-
ity with this ordinance, violation of such conditions and
safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this
ordinance and punishable under Section 17 of this ordinance.
Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissible under the terms of
%bls ordinance in the district involved or any use expressly
or by implication prohibited by the terms of this ordinance
in said district.
c. Decisions of the Board of Adjustment - In exercising the
above mentioned powers, the Board o~ Adjustment may, so
13-2
13.3
13.4
long as such action is in conformity with the terms of this
ordinance, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision
or determination as ought to be made and to that end shall
have powers of the administrative official from whom the
appeal is taken.
The concurring vote of four members of the board shall be
necessary to reverse any order, requirement, decision, or
determination of the administrative official, or to decide
in favor of the applicant on any matter upon which it is
required to pass under this ordinance, or to effect any
variation in the application of this ordinance.
PROCEEDINGS OF THE BOARD OF ADJUSTMENT - The Board of Adjustment
shall adopt rules necessary to the conduct of its affairs and in
keeping with the provisions of this ordinance. Meetings shall
be held at the call of the chairman and at such other time as
the board may determine. The chairman, or in his absence the
acting chairman, may administer oaths and compel the attendance
of witnesses. All meetings shall be open to the public. All
cases to be heard by the Board of Adjustment shall always be
heard by a minimum of four (4) members. The Board of Adjustment
shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be a public
record and be immediately filed in the office of the City and
maintained by the City Secretary.
APPEAL PROCEDURES
a. Any person or persons, or any board, taxpayer, department,
commissions or agency of the City aggrieved by any decision
of the Zoning Board of Adjustment may seek review by a court
of record of such decision, and under the time limit
specified with Article 1011g(j), V.A.C.S. If no appeal has
been taken from the Zoning Board of Adjustment ruling within
the time limit specified under the above mentioned Article,
the Board's ruling shall be final.
b. It is the intent of this ordinance that all questions of
interpretation and enforcement shall be first presented to
the Administrative official, and that such questions shall
be presented to the Zoning Board of Adjustment only on
appeal from the decision of the Administrative Official, and
that recourse from the decisions of the Zoning Board of
Adjustment shall be to the courts as provided by law.
c. It is further the intent of this ordinance that the duties
of the City Council in connection with this section shall
13-3
13.5
not include hearing and deciding questions of interpretation
and enforcement that may arise. Under this ordinance the
City Council shall have only the duties of considering and
adopting or rejecting proposed amendments or changes, or the
repeal of this ordinance, as provided by law.
d. Appeals to the Board of Adjustment concerning interpretation
of administration of this ordinance may be taken by any
person aggrieved or by any officer or bureau of the govern-
ing body of the City affected by any decision of the
administrative official. Such appeals shall be taken within
a reasonable time, not to exceed 60 days, or such lesser
period as may be provided by the rules of the Board of
Adjustment specifying the grounds thereof. The administra-
tive official shall forthwith transmit to the board all
papers constituting the record upon which the action
appealed was taken.
The Board of Adjustment shall fix a reasonable time for the
hearing of appeal, give public notice thereof as well as due
notice to the parties in interest, and decide the same
within a reasonable time. At the hearing, any party may
appear in person or by agent or attorney.
STAY OF PROCEEDINGS - An appeal stays all proceedings in
furtherance of the action appealed from, unless the administra-
tive official from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal is filed with him
that by reason of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life and property. In
such case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Board of Adjust-
ment or by a court of record on application, on notice to the
administrative official from whom the appeal is taken and on due
cause shown.
13-4
SECTION 14 - AMENDMENTS TO THE ZONING ORDINANCE
14.1
PROCEDURES AND
REQUIREMENTS
a. Any person or corporation or group of persons owning an
interest in any real property, upon proof of such interest,
may petition the governing body for a change or amendment to
the provisions of this ordinance or the Planning and Zoning
Commission or the City Council may, on its own motion,
institute proposals for change and amendment in the public
interest. All petitions for the amendment of this ordinance
shall bear the signature of the owners of all property
within the area of request.
b. The City Council may from ~ ~ to time amend, supplement,
or change by ordinance the boundaries of the districts or
regulations herein. Before taking action on any proposed
amendment, supplement, or change, the City Council shall
submit the same to the Planning and Zoning Commission for
its recommendation and report.
c. The Planning and Zoning commission, or a committee thereof,
shall hold a public hearing on any application for any
amendment, supplement, or change prior to making its
recommendation and report to the City Council. Written
notice of all public hearings before the Planning and Zoning
Commission, or a committee thereof, on a proposed amendment,
supplement, or change shall be sent to all owners of real
property lying within two hundred (200) feet of the property
for which the change is requested, and notice shall be sent
to all property owners within a platted subdivision of the
property in question. Such notice shall be given not less
than fifteen (15) days before the date set for hearing by
depositing a notice properly addressed and postage paid in
the United States Post office to such property owners as the
ownership appears on the last approved City tax roll.
d. An official Public Hearing shall be held by the City Council
before adopting any proposed amendment, supplement, or
change. At least fifteen (15) days notice of the time and
place of such hearing shall be published in the official
newspaper of the City of Southlake and prominently posted at
City Hall. Furthermore, the Administrative official is
directed to cause a sign to be placed upon the property
clearly visible to passersby which states that the property
is the subject of a rezoning application (or words of like
intent). The sign shall be posted at least 15 days prior to
the hearing and shall remain posted until the hearing.
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Failure for the sign to remain posted until the hearing
shall in no way prevent the Planning and Zoning Commission
from hearing the application and disposing of the issues
involved on the hearing date.
If such proposed amendment, supplement, or change has been
denied by the Planning and Zoning Co~nission, or if a
protest against such proposed amendment, supplement, or
change has been filed with the City Secretary, duly signed
and acknowledged by the owners of twenty percent (20%) or
more either of the area of the lots included in such
proposed change or those immediately adjacent in the rear
thereof extending two hundred (200) feet therefrom or of
those directly opposite thereto extending two hundred (200)
feet from the street frontage of such opposite lots, or to
all property owners of a platted subdivision, such amend-
ment shall not become effective except by a three-fourths
(3/4) vote of the members present of the City Council of the
City of Southlake.
PETITION FOR AMENDMENT AND FREQUENCY THEREOF - A property owner,
lessee, developer or option holder may petition the City Council
for an amendment to the text of this ordinance, provided that
before any action shall be taken as provided in this Article,
the party or parties petitioning for amendment shall deposit
with the City Secretary the fee amount stipulated in Section 12
to cover the approximate cost of this procedure, and under no
condition shall said sum or any part thereof be refunded for
failure of such proposed amendment to be enacted into law. A
party shall not initiate action for a zoning amendment affecting
the same land more often than once every three (3) months unless
the original zoning request was denied by the City Council. A
zoning application for the same action and for the same property
which has been previously denied by the City Council may not be
re-initiated for a period of at least six (6) months from date
of denial.
CLASSIFICATION OF NEW AND UNLISTED USES
so
It is recognized that new types of land may develop and
forms of land uses not anticipated herein or clearly covered
herein may be the basis of a request for zoning in the City.
In order to provide for such changes and contingencies, a
determination as to the interpretation of the ordinance as
to whether or not such requested land use is covered or not
covered by the existing ordinance shall be first made by the
zoning administrative official designated by the City to
administer the zoning ordinance and unless such person
requesting such zoning appeals such decision of such
official shall be referred to the Planning and Zoning
14-2
14.4
commission, who shall proceed with the matter under the
usual procedures of a requested amendment to zoning and such
Commission shall consider the nature and describe perform-
ance of the proposed use and its compatibility with the uses
permitted in various zoning districts, and determine in its
opinion the zoning district or districts where such use
should be listed, or whether the same should be a special
use permit matter and so make its findings in writing.
The City Planning and Zoning Commission shall transmit its
findings and recommendations to the City Council as to the
classification proposed for any such new or unlisted use.
The City Council shall approve the recommendations of the
Planning and Zoning Commission, or make such other determin-
ation concerning the classification of such use as appropri-
ate, based on its findings of fact, and amend this ordinance
to reflect said findings and decisions.
SPECIAL EXCEPTION USES - APPROVAL
a. The city Council may, after public hearing and recommenda-
tion by the City Planning Commission, and after conducting a
public hearing as is required for all amendments to the
zoning ordinance, authorize special exception use of land by
the issuance of a Special Exception Use Permit.
b. A property owner, lessee, developer, or option holder may
petition in writing for such special exception use permit
and file the same with the City Secretary with an applica-
tion fee as stipulated by the City Council to cover the
approximate cost of this procedure. A party shall not
initiate action for a special use permit sfor the same
special use affecting the same land more often than every
twelve months.
c. In considering and determining its recommendation to the
City Council relative to any application for a special
exception use permit, the City Planning Commission requires
that the applicant furnish plans and data concerning the
operation, locations, function and characteristics of any
use of land or building proposed.
d. The City Planning Commission may recommend to the City
Council that certain safeguards and conditions concerning
setbacks, ingress and egress, off-street arrangement and
load location or construction of buildings and uses and
operation be required.
e. The City Council may, in the interest of the public welfare
and to assure compliance with the intent of this ordinance,
require such development standards and special conditions
and safeguards as are indicated to be important to the
14-3
welfare and protection of adjacent property and the
community as a whole.
A site plan setting forth the conditions specified is
required of the applicant and such plan, when accepted,
shall be made part of the amending ordinance.
A special use permit approved under the provisions of this
ordinance shall be considered as an amendment to the zoning
ordinance as applicable to the property involved. Any of
the conditions contained in a special use permit shall not
be construed as conditions precedent to the approval of the
zoning amendment, but shall be considered as conditions
precedent to the granting of a Certificate of Occupancy and
Compliance for the specific use provided for.
The following uses as well as those identified in Section 6,
District Regulations, are considered of a nature which
require a Special Exception Use Amendment Permit, as well as
any other uses which may be so designated in the future by
amendment to this ordinance.
1) Alcoholic beverages use (Retail - 1 and 2).
The above uses are limited in that they can be granted only
for the district(s) shown in parenthesis following each use
identified above.
14-4
SECTION 15 - RESERVED
15-1
SECTION 16 - PROVISIONS OF ORDINANCE
DECLARED TO BE MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations,
ordinance, deed restrictions, or covenants, the most restrictive of
that imposing the higher standards shall govern.
16-1
SECTION 17 - COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint, such complaint
stating fully the causes and basis thereof shall be filed with the
administrative official. He shall record properly such complaint,
immediately investigate, and take action thereon as provided by this
ordinance.
17-1
SECTION 18 - PENALTIES FOR VIOLATION
violation of the provisions of this ordinance or failure to comply
with any of its requirements shall constitute a misdemeanor. Any
person who violates this ordinance or fails to comply with any of
its requirements shall, upon conviction thereof, be fined not less
than Ten Dollars ($10.00) nor more than Two Hundred Dollars
($200.00). Each day such violation continues shall be considered a
separate offense.
18-1
SECTION 19 - SEPARABILITY CLAUSE
Should any section or provision of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any part
thereof, other than the part so declared to be unconstitutional or
invalid.
19-1
SECTION 20 - REPEAL OF CONFLICTING ORDINANCES
Ail ordinances or parts of ordinances in conflict with any of the
provisions of this ordinance are hereby repealed insofar as the same
are in conflict with the provisions hereof, unless otherwise
specified herein, specifically including but not limited to Ordi-
nance 261 (Zoning Ordinance).
20-1
SECTION 21 - EFFECTIVE DATE
This ordinance shall become effective and be in force and effect
thirty (30) days after its passage and publication as required by
law, and so accordingly ordained.
21-1
ATTEST:
LEGALITY:
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APPENDIX ONE
BUFFERYARDS
BUFFERYARDS: DEFINITION AND PURPOSE - A bufferyard is a unit of
land, together with a specified amuunt of planting thereon, and
any structures which may be required between land uses to
eliminate or minimize conflicts between them. Both the amount
of land and the type and amount of planting specified for each
bufferyard are designed to lessen nuisances between adjacent
land uses or between a land use and a public road. The planting
units required within bufferyards have been calculated to
insure that they do, in fact, function as "buffers."
Bufferyards shall be required to separate different land uses
from each other in order to eliminate or minimize ~otential
nuisances such as dirt, litter, noise, glare of lights, signs,
and unsightly buildings or parking areas, or to provide spacing
to reduce adverse impacts of noise, odor, or danger from fire or
explosions.
LOCATION - Bufferyards shall be located within and along the
outer perimeter of a lot or parcel boundary line. Bufferyards
shall not be located on any portion of an existing or dedicated
public street or right-of-way and are separate from and in
addition to side and rear yards, but may overlap same.
DETERMINATION OF BUFFERYARD REQUIREMENTS - Refer to tables ONE,
TWO or THREE to determine the type of bufferyard required
between two adjacent parcels or a parcel and a roadway. The
letter designations contained in the tables refer to the
bufferyard required and standards contained in this section.
The bufferyards illustrated constitute the total bufferyard
required between the two adjacent uses. Any of the options
illustrated shall satisfy the requirement of buffering between
adjacent land uses.
RESPONSIBILITY -
1. When a use is the first to develop on two adjacent vacant
parcels, the first use shall provide the buffer which is
required next to vacant land. (Table Two)
2. The second use to develop shall , at the time it develops,
provide all additional plant material and/or land necessary to
provide the total bufferyard required between those two uses.
(Table One)
3. Existing plant material and/or land located on the pre-
existing (the first developed) land use which meets the require-
ments of this ordinance may be counted as contributing to the
total bufferyard required between it ant the second (adjacent)
land use to develop.
A 1-1
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4. Many cases will exist wherein a lot or parcel is adjacent
to more than one other parcel. Bufferyards developed subsequent
to the first bufferyard provided will be coordinated with that
first bufferyard with respect to design, plant materials and
other design elementS. This is especially true where a lot or
parcel has a side or back yards adjacent to more than one lot or
· ' ment is intended to prevent inconsistent
arcel. This require ...... ~n~- -end and ad3acent to a
P =--~,,ards Luau ~ ~- to
design between uu~==~3 '
single piece of property.
BUFFERYARD REQUIREMENTS -
1. The following illustrations graphically indicate the
specifications of each bufferyard. Bufferyard requirements are
stated in terms of the width of the bufferyard and the number of
plant units required per one hundred (100) linear feet of
bufferyard. The requirements of a bufferyard may be satisfied
by any of the options illustrated. The ,'plant unit multiplier"
is a factor by which the basic number of plant materials
required for a given bufferyard is determined given a change
in the width of that yard. The type and quantity of plants
required by each bufferyard and each bufferyard option are
specified in this section.
2. Each illustration depicts the total bufferyard required
between two uses.
3. Whenever a wall, fence or berm is required within a buffer-
yard, these are shown as the ,,structure required" in the
following illustrations, wherein their respective specifications
are also shown. All required structures shall be the respon-
sibility of the higher intensity use. Whenever a wall is
required in addition to a berm, the wall shall be located
between the berm and the higher intensity use, in order to
provide maximum sound absorption. A ,,finished" side of a wall
or fence shall face the residential use.
4. The following plant material substitutions shall satisfy the
requirements of this section:
the those contributing to the uppermost
[Canopy trees are ~ - =~rest - may be commonly referred.
spreading branchy layer os ~ ~
_ understory trees are those growing below the
to as shade~t~S~orest _ may be referred to as saplings and
top layer o~ un~ ~'
larger growing shrubs.]
a. In bufferyards G, ~, I, J, and K, evergreen canopy or
evergreen understory trees may be substituted for deciduous
trees without limitation.
A 1-2
b. In bufferyards A, B, C, D, E, F, Sl and S2, evergreen
canopy or evergreen understory trees may be substituted as
follows:
1. For deciduous canopy trees, up to a maximum of fifty
(50) percent of the total number of deciduous canopy
trees otherwise required.
2. In the case of deciduous understory, without
limitation.
c. In all bufferyards, evergreen shrubs may be substituted
for deciduous shrubs without limitation.
d. In all bufferyards, evergreen ground cover may be
substituted for the "evergreen/conifer" portion of the total
number of shrubs required.
5. Minimum plant size shall be as below;
Plant Material Type Minimum Size
Canopy Tree
Single Stem/Trunk
Multi-Trunk Clump
Understory Tree
Evergreen Tree
Shrub
Deciduous
Evergreen
Groundcover
1 1/2" caliper
6 feet (height)
4 feet (height)
3 feet (height)
15 inches (height)
12 inches (height)
One gallon containers
6. Plant materials shall be appropriate for the region and
local soil conditions and shall be planted in accordance with
good horticultural practice. Plants selected should require
only low maintenance and should be drought hardy. The City may
issue a list of recommended plants and reserves the right to
approve plants and planting through an appointed horticul-
turalist, landscape architect or other persons so qualified.
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7. The following
interchangeably, so long
bufferyard illustrations
structures are equivalent and may be used
as both structures are specified in the
in this section.
Structure Equivalent Structure
F3 Bi
F4 B2
F5 B3
F6 BW1
B1 F3
B2 F4
B3 F5
B3 F5
BWl F6
8. If the development of the adjoining uses is existing,
planned or deed restricted for solar access, understory trees
may be substituted for canopy trees where canopy trees would
destroy solar access.
9. Any existing plant material which otherwise satisfies the
requirements of this section may be counted toward satisfying
all such requirements.
10. The exact placing of required plants and structures shall
be. the decision of each user except that the following require-
ments shall be satisfied:
a. Berms with masonry walls (BW1, BW2, and BW3) required
bufferyard J & K options are intended to buffer more
significant nuisances from adjacent land uses and, addition-
ally, to breakup and absorb noise, which is achieved by the
varied heights of plant materials between the masonry wall
and the noise source.
b. When berms with walls are required, the masonry wall
shall be closer than the berm to the higher intensity use.
c. within a bufferyard, a planting area of at least five
(5) feet wide containing fifteen (15) percent of the total
plant requirements (based on the multiplier = 1) shall be
located between the masonry wall and the higher intensity
use. These plants shall be chosen to provide species and
sizes to reduce noise in conjunction with the wall.
11. All bufferyards, unless lawn grass or ground cover is
already established, shall be seeded with lawn grass or planted
with ground cover so as to assure coverage within three years.
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USE OF BUFFERYARDS - A bufferyard may be used for passive
recreation, it may contain pedestrian, bike or equestrian
trails, provided that: (a) no plant material is eliminated, (b)
the total width of the bufferyard is maintained, and (c) all
other regulations of the ordinance are met. In no event shall
the following uses be permitted in the bufferyards; playfields,
stables, swimming pools, tennis courts or similar facilities.
EXCESS BUFFERYARDS - Where the bufferyard required between a
land use and vacant land turns out to be greater than that
bufferyard which is required between the first use and the
subsequently developed use, the following options apply:
1. The existing uses(s) may expand into the original buffer
area, provided that the resulting total bufferyard between
the two uses meets the bufferyard requirements of this
section.
2. The existing use may enter into agreements with abutting
landowners to use its existing buffer to provide some or all
of the required bufferyard of both land uses. The total
buffer shall equal the requirements of this section.
Provided that such an agreement can be negotiated, the
initial use may provide the second use some or all of its
required bufferyard and/or extra land on which it might
develop. The existing use may reduce its excess buffer by
transferring part or all of the excess buffer to the adjoin-
ing landowner to serve as its buffer. Any remaining excess
buffer area may be used by the existing use for expansion of
that use or for transfer by it to the adjoining landowner to
expand that adjoining use.
CONTRACTURAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND - When
Al.9
a land use is proposed adjacent to vacant land, and the uwner
of that land enters into a contractural relationship with the
owner of the land use is to be developed first, a reduced buffer
may b&e provided by that first use, provided that: the contract
contains a statement by the owner of the vacant land of an
intent to develop at a no greater than specified zoning cate-
gory; and an agreement by that vacant landowner to assume
all responsibility for additional buffer, if needed by the
subsequent development of a less intense use than had been
agreed upon, is transferred to the owner of the vacant (second
in time to be developed) land.
MAINTENANCE AND REPLACEMENTS - Landowners of required buffer-
yards are required to maintain the appearance of same. Dead or
dying plants shall be replaced with suitable replacements by
the landowner.
A 1-5
TABLE ONE
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO
EXISTING ZONING
EXISTING ZONING
PROPOSED
ZONING
AG
RE . * * * * D D D E E K K
SF1 , * * * * D D D E E K K
SF2 . * * * * D D D E E K K
SF3 . * * * * D D D E E K K
~ D D D D D * D D E E H H
01 D D D D D D * * * * D D
02 D D D D D D * * * * D D
R1 E E E E E E * * * * C C
R2 E E E E E E * * * * C C
I1 H K K K K H D D C C * *
I2 H K K K K H D D C C * *
PUD [see notes regarding bufferyards and PUD Zoning]
AG RE SF1 SF2 SF3 CS 01 02 Ri R2 I1 I2 PUD
. . * * * D D D E E H H
NOTES:
1) * - no bufferyard required
2) Regarding PUD - The predominant or prevailing use of a parcel within a PUD
tract shall be given the nearest and highest zoning category for purposes of
determining required bufferyard
A 1-6
TABLE TWO
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO
UNDEVELOPED LAND-BASED ON LAND USES DISPLAYED ON RECOMMENDED LAND USE
PLAN AT TIME OF ZONING APPLICATION
LAND USE CATEGORY
PROPOSED
ZONING
LOW DENSITY RES. OFFICE/RETAIL INDUSTRIAL P-SEMI-PUBLIC
AG * B J C
RE * B J C
SF1 * B J C
SF2 * B J C
SF3 * B J C
CS D B G B
01 C C D C
02 C C D C
R1 D D D C
R2 D D D C
I1 G G C J
I2 G G C J
PUD [see notes regarding bufferyards and PUD Zoning]
NOTES:
1) * - no bufferyard required
~ Regarding PUD - The predominant or prevailing use of a parcel within a PUD
tract shall be given the nearest and highest zoning category for purposes of
determining required bufferyard
A 1-7
TABLE THREE
TABLE FOR BUFFERYARD REQUIREMENTS FOR PROPOSED DEVELOPMENT ADJACENT TO ROADWAYS-
EXPRESSWAY ARTERIAL COLLECTOR RES.
LAND USE ACROSS STREET STREET
NON-RESIDENTIAL UNDEVELOPED RESIDENTIAL
PROPOSED
ZONING
AG * * * * *
RE F D S2 S2 S2
SF1 F D S2 S2 S2
SF2 F D S2 S2 S2
SF3 F D S2 $2 S2
CS F D S2 B S2
01 * B S2 B B
02 * B S2 B B
R1 * C S2 B D
R2 * C S2 B D
I1 B E S2 C F
I2 B E S2 C F
PUD [see notes regarding bufferyards and ~UD Zoning]
NOTES:
1) * - no bufferyard required
2) Regarding PUD - The predominant or prevailing use of a parcel within a PUD
tract shall be given the nearest and highest zoning category for purposes of
determining required bufferyard
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The following pages depicting bufferyards are reprinted
with permission from Performance Zoning by Lane H. Kendig,
copyright 1980 by the American Planning Association,
1313 E. 60th; Chicago, Ill. 60637 A 1-9
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APPENDIX TWO
PERFORMANCE STANDARDS
Compliance Required: Except as otherwise provided herein, no
land, building or structure in any district shall be used or
occupied in any manner so as to create any dangerous, injurious,
noxious, or otherwise objectionable fire, explosive, or other
hazard; noise or vibration; smoke, dust, or other form of air
pollution; heart, cold, dampness, electrical or other substance,
condition or dangerous element in such a manner or in such
amount as to adversely affect the surrounding area or adjoining
premises. Permitted uses as set forth in this Ordinance shall
be undertaken and maintained only if they conform to the
regulations of the section.
Performance Standard Regulations: The following standards shall
apply in the various zoning districts as indicated:
Exterior Noise: The following noise standards, unless
otherwise specifically indicated, shall apply to all
property within the City of Southlake:
a)
For noise emanating from a facility on property located
within any residential zoning district, the allowable
noise level shall be as follows:
Time Interval
Allowable Exterior
Noise Level
7:00 p.m. to 7:00 a.m. 35 dB(A)
7:00 a.m. to 7:00 p.m. 35 dB(A)
b)
For noise emanating from a facility on property located
within any commercial zoning district, the allowable
noise level shall be as follows:
Time Interval
Allowable Exterior
Noise Level
7:00 p.m. to 7:00 a.m. 65 dB(A)
7:00 a.m. to 7:00 p.m. 70 dB(A)
-and shall not exceed 35 db measured in the nearest residen-
tial area.
For noise emanating from a facility on property located
within the Industrial zoning districts, the allowable
noise level shall be 75 dB(A), and shall not exceed 35
db when measured from the nearest residential area.
d) Noise emanating from property within any zoning district
may exceed:
1)
The allowable noise level plus up to five (5) dB(A)
for a cumulative period of no more than thirty (30)
minutes in any hours; or
A 2-1
2) The allowable noise level plus six (6) to ten (10)
dB(A) for a cumulative period of fifteen (15)
minutes in any hour; or
3) The allowable noise level plus eleven (11) to
fifteen (15) dB(A) for a cumulative period of five
(5) minutes in any hour; or
4) The allowable noise level plus sixteen (16) dB(A) or
more for a cumulative period of one (1) minute in
any hour.
e) In the event the ambient noise level exceeds the
allowable noise levels in subparagraphs (b), (c), and
(d) above, the allowable noise level for the property in
question shall be increased to equal the maximum ambient
noise level.
f) For the purpose of determining compliance with the noise
standards in this section, the following noise sources
shall not be included:
1)
2)
Noises not directly under the control of the
property owner, lessor, or operator of the premises.
Noises emanating from construction, grading,
repair, remodeling or any maintenance activities
· between the hours of 7:00 a.m. and 8:00 p.m.
3)
4)
5)
6)
Noises of safety signals, warning devices and
emergency pressure relief valves.
Transient noise of mobile sources, including
automobiles, trucks, airplanes, and railroads.
Activities conducted on public parks, playgrounds
and public or private schools.
Occasional outdoor gatherings, public dances, shows
and sporting and entertainment events provided said
events are conducted pursuant to a permit or license
issued by the appropriate jurisdiction relative to
the staging of said events.
g~
7) Air conditioning or refrigeration systems or
associated equipment.
For the purpose of determining compliance with the noise
standards in this section, noise levels are to be
measured at any residential property line within any
permanent residential zoning district.
A 2-2
h) For the purpose of determining compliance with the
foregoing subparagraphs (A) through (e), and with regard
to noise emanating from property already zoned indust-
rial at the time this ordinance is enacted, noise levels
are to be measured at the closest lot line from the
source of origin of the noise.
2. Vibration: No vibration from any use within any zoning
district shall be permitted which is perceptible without
instruments at any property line.
3. Glare: Primary and secondary glare (both direct and
reflective glare) having a source on private property shall
not be permitted to produce visual discomfort for viewers on
other property in any residential zoning district or on
adjacent street rights-of-way. Direct glare which produces
visual discomfort is to be corrected or avoided by reducing
the intensity of the light source and/or the uses of
directional lighting or shading devices.
Welding during construction of the facility and repairs of
facilities shall be exempt from these regulations; provided,
however, that no requirements will be imposed in derogation
of federal or state safety and health regulations.
4. Particulate Air Contaminants: No emissions, dust, fumes,
vapors, gases, or other foz~Ls of air polution shall be
permitted in violation of the rules and regulations of the
Texas Air Control Board and the Environmental Protection
Agency.
Exceptions From Performance Standards: The owner or operator of
~ny building, structure, operation ok' use which violates any
performance standard may file an application for a variance from
the provisions thereof wherein the applicant shall set forth all
actions taken to comply with said provisions and the reasons why
immediate compliance cannot be achieved. The Board of Adjust-
ment may grant exceptions with respect to time of compliance,
subject to such terms, conditions and requirements as it may
deem reasonable to achieve maximum feasible compliance with the
provisions of this Section of the Ordinance. In its determina-
tions, the Board of Adjustment shall consider the following:
1. The magnitude of the nuisance caused by the violation.
2. The uses of property within the area of impingement by the
violation.
3. The time factors related to study, design, financing and
construction of remedial work.
4. The economic factors related to age and useful life of the
equipment.
5. The general public interest, welfare and safety. A2-3
De
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~lectrical Energy Disturbance.: No activities shall be permitted
which emits electrical or microwave energy or causes electrical
disturbances which adversly affects the operation at any point
of any appliance or equipment other than that of the person on
whose land the energy or disturbance is generated, reflected,
received or sent.
Fire and Explosion Hazard: Ail activities involving all Storage
~f inflammable and/or explosive materials shall be PrOvided at
any point with adequate safety devices against the hazards of
fire and explosion and adequate fire fighting and fire suppress-
ion equipment and devices, standard in the industry.
Exemptions: The provisions of this section shall not apply to
industrial uses, or expansions thereof upon adjacent property,
which exist within the City on the effective date of this
Ordinance.
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