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480-QQQ OFFICIAL REC(rt{U ORDINANCE NO. 480-QQQ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTIONS 4, 11, 34, AND 44 AS THEY PERTAIN TO STANDARDS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING THAT TmS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the amendment to the residential accessory structure standards will promote the goals of the City's zoning ordinance and of the Southlake 2025 Plan; and WHEREAS, the Planning and Zoning commission and City Council have given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended as follows: SECTION 4 DEFINITIONS Amend/add the following under Section 4, DefInitions to read as follows: ACCESSORY BUILDING OR STRUCTURE-A subordinate building or structure which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and complimentary or incidental to the conduct of the primary use of such building 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. ACCESSORY USE - A use customarily incidental to the main or principal use of the property . PORTABLE ON-DEMAND STORAGE DEVICES (PODs) - Any transportable, fully enclosed, box-like container that is designed for temporary storage of materials and/or equipment. Such containers are uniquely designed for their ease ofloading to and from a transport vehicle. SECTION 34 ACCESSORY USES Amend the following subsections (t), (g), (ft), and (gg) under table 34.1, Accessory Uses to read as follows: ACCESSORY USE/STRUCTURE District Where Permitted f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that AG, RE, RCS, SF-lA, if lighted, the lighting shall be so directed and shielded so as not to shine directly on any SF-lB, SF-2,_SF-30, adjacent residential property; and further provided that any such pool or game court is for the SF-20A, SF-20B, private use of the site occupants and their guests, and not operated as a business. All "at MF-l, MF-2, MH, grade" swimming pools with a water depth greater than twenty-four (24) inches and "above TZD*, and EC* 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 Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (lO') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward 2 ACCESSORY USE/STRUCTURE District Where Permitted of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line. (As amended by Ordinance No. 480-C.) g. The following residential accessory structures may be located in the side, rear, or front yard: AG, RE, RCS, SF-lA, i. Gazebos, arbors, pergolas, and trellises that are less than 120 square feet. SF-2, SF-lB, SF-30, ii. Water well houses less than 50 square feet SF-20A, SF-20B, iii. Fountains, ponds, and ornamental pools that are part of the residential landscaping MF-l, MF-2, MR, meeting the standards in 34.1 (f) DT*, TZD*, andEC* The following residential accessory structures shall only be permitted in the side or rear yard, no forward of the principal building on the lot: i. Batting cages, play structures, and pet houses ii. Breezeways located at or behind the principal structure iii. Decks and play courts ff. Portable on demand (POD) storage units for temporary residential storage during moving AG, RE, RCS, SF-lA, meeting the following standards: SF-2, SF-lB, SF-30, i. A permit shall be required for PODs used for residential moving. In addition to general SF-20A, SF-20B, application information, a permit application for PODs shall indicate the location of the MF-l, MF-2, MR, PODs on the lot. DT*, TZD*, and EC* ii. PODs shall be placed on the driveway at the furthest point from the street iii. PODs cannot be placed on any public right-of-way or in grassy areas in the front yard iv. Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than ten (10) consecutive days each time gg. Portable on demand (POD) storage units for use during residential remodeling and AG, RE, RCS, SF-lA, construction meeting the following standards: SF-2, SF-lB, SF-30, i. PODs shall be placed on the driveway at the furthest point from the street SF-20A, SF-20B, MF- ii. PODs cannot be placed on any public right-of-way or in the front yard 1, MF-2, MR, DT*, iii. A permit shall be required with the building permit for remodeling/construction and each TZD*, and EC* permit shall be valid for the duration of a maximum of 90 days that may be renewed no more than twice in 30-day increments. iv. An application for the building permit shall indicate the location of the POD units on the lot. v. PODs shall be removed within seven (7) days of final inspection of the structure. * Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones 3 SECTION 11 SF-IA SINGLE FAMILY RESIDENTIAL DISTRICT Amend Section 11.5 as follows: 11.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than forty (40) feet. c. Side Yard: There shall be a side yard of not less than twenty (20) feet. d. Rear Yard: There shall be a rear yard of not less than forty (40) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding twenty percent (20%) of the lot area, including all principal and accessory structures. f. Lot Area: The minimum area of a lot shall be forty three thousand five hundred sixty (43,560) square feet except that no minimum area shall be required for any open space lot designated in a City Council approved concept or development plan. (As amended by Ordinance No. 480-NNN) g. Lot Dimensions: Each lot shall have a minimum width of one hundred (100) feet and a minimum depth of one hundred twenty-five (125) feet. h. Floor Area: The main residence shall contain a minimum of two thousand (2,000) square feet of floor area. 1. Maximum Residential Density: The maximum number of dwelling units per acre shall be 1. O. J. Accessory Structure Standards: 1. All accessory structures in the SF-IA zoning district shall meeting the following standards: i. The sum total of all accessory structures and buildings on the lot shall not exceed 3% of the lot area or 4,000 sq.ft. 11. All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. 111. All accessory structures that individually are equal to or exceed 500 sq.ft.: 4 1. Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2. Height shall not exceed 20 feet. 3. Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a. Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim of contrasting colors). b. All metal accessory buildings to be painted with a factory applied non-metallic matte-finish. c. Addition of trim detail around the windows/doors/or string courses or water tables. d. Windows, doors, or other openings required on at least 2 sides. e. Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1 :3). 4. Accessory structures using masonry shall meet the following standards: a. Masonry material used shall match the masonry material of the principal structure on the lot. b. Addition of trim detail around the windows/doors/or string courses or water tables. c. Windows, doors, or other openings required on at least 2 sides. d. Roof (design, pitch, and materials) to be the same type as the principal structure roof. IV. Standards in subsection (iii) above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. 5 SECTION 44 BOARD OF ADJUSTMENT Amend subsection (3) under Section 44.12 to read as follows: SPECIAL EXCEPTION USE District Where Permitted 3. The construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district of the property based on the following review criteria: a. Compatibility of the materials proposed with the principal structures and the surrounding properties b. Purpose of the accessory structure c. Consistency of architectural style including roof structure d, Setback from ad'oinin ro erties and location on the sub'ect AG, MF-I, MF-2, SF- lA, SF-lB, SF-2, SF- 30, SF-20A, SF-20B, MH, DT* PLOT PLAN, ELEVATIONS, AND RENDERINGS REQUIRED SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section, * Shall apply only to approved single-family residential uses in the DT, TZD, and EC zones 6 SECTION 4 Any person, fIrm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fIned not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until fInal disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fIfteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fIne or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its 7 caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 2nd day of October, 2007. - ~ ~YOR ATTEST: PASSED AND APPROVED on the 2nd reading the 16th day of October, 2007. - J\- <-~ ~~"- ~ ",,''i,t~ h ~ _-~';!j", ,,""ouTH4 """ ,'....."'-~ co ......... 1-~ "" .. . .. '1,.- , "0.- ."" ~.. e. ;\ ~ :)..: * ~~: =1-: ' :)>: :-: :C/)~ . . .. . ... e. .. $ e.. e.-:- ....... ,'" " ..' "" ** * "" I II" '''1 """ ----- ATTEST: APPROVED AS TO FORM AND LEGALITY: ~ CITY A TTO 8 ",,'"11 ""'" ......,...' CITy"", ...' ......... 0;(' "',. ~ .... ... <S' "":;. :1f.l * \0,:..... =*': :c~ =*: :-1; :. . ..::t_ * · .;r-" ':. e. .":: ,. ...::Ji:. ... ~ e.. .-A,. ~ " ........ "? ",-' " S \ ..... "" \tX3>- ",,,, ""t."...."," INVOICE Draft Only Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn STACEY HARRISON CITY OF SOUTHL) Sales Discount Misc Fee THE STATE OF TE; County of Tarrant Before me, a Notary Telegram, published attached clipping of (817)390-7501 SUBSCRIBED AND Thank You For =N.OV Na`QQ` NO I3580 1 )INANCE ORD.1- 4s0, AS THE ENSIVE nRnl- IN Customer ID: CIT57 Invoice Number: 290211311 Invoice Date: 10/20/07 Terms: Net due in 21 days Due Date: 10/31/07 PO Number: no po Order Number: 29021131 Sales Rep: 005 Description: CITY OF SOUTHLA Publication Date: 10/20/07 th Linage ; :•.MU Rate A><xliount ; 71 71 LINE $0.81 $57.51 RECEIVED NOV - 6 2007 OFFICE OF cl'N ScCRETARY Net Amount: ($5.00) $5.00 $57.51 THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 4 Any person, firm or corporation who vi- olates, disobeys, omits, neglects or win or vt000 r°5 plYCounty and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- sts the enforcement of Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the any of the provisions' of this ordinance published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM shall be fined not more than Two Thousand Dollars 112,000.00) for each offense. Each day that a violation is Signed permitted to exist shall constitute a PASSEDe AND se ME, THIS Wednesday, October 24, 2007. PROVED THIS THE 16th DAY OF OC- TOBER, 2007, DUR- ING THE REGULAR Notary Public CITY COUwCIL MEETING. MAYOR: Andy Wambsgariss ATTEST: Lori Payne, City Secretary = -- i u.y iiivi it Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 290211311 Invoice Amount: $57.51 PO Number: no po Amount Enclosed: INVOICE Drift Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 289360641 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/28/07 Federal Tax ID 22-3148254 i Terms: Net due in 21 days Due Date: 9/30/07 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE Of- cif 1�/ SECRETARY 1400 MAIN ST Order Number: 28936064 STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/28/07 Southlake, Texas.Description that a public hearing Col Depth Linage MU Rate Amount I will be held on Oc- tober 16, 2007, at CITY OF SOUTHLAKE Notice is he diatel0 y'ollowi g the Work Session, dur- ing 1 85 85 LINE $0.81 $68.85 the Regular City Council meeting to be held in the City CITY OF SOUTH_ Council Chambers of LAKE Town Hall, 1400 $68.85 Notice i.s hereby given Main Street, South- by the City Council lake Texas. Purpose of the City of of tie public hearing is to consider the second reading of the following ordi- nance: —� ORDINANCE -- NO. 480- 1QQ AN ORDINANCE ` -r - AMENDING ORDI- -.......,,4 e - NANCE NO.480, AS AMENDED, THE v C 7 p COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, 7�N7. TEXAS; AMENDIN SECTIONS 4 11 34, AND 44 AS THEY _ PERTAIN TO STAN- DARDS FOR AC- CESSORY STRUC- TURES IN RESI- DENTIAL ZONING T THIS Al)""kRISTYL.HOLLANQ ORDINANCE SHALL }j' MY COMMISSION EXPIRES BE CUMULATIVE OF JU 311 2005 ALL ORDINANCES; ry+ •�,y�� ly PROVIDING A SEV- rl THE STATE OF TEXAS ERABILITY CLAUSE' mot. 3 PROVIDING FOR A County of Tarrant 11 LATIONS Y FHEREOF; PROVIDING A SAV- INGS CLAUSE; Before me,a Notary Public in and for sal PCB ILIL CATION F9N is day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegra PROVIDINET T FERorfn Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement wa PPUBLICATIOOFFICI NL we named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM THE(817)390-7501 NEWSPAPER PING AND EF- FECTIVE DATE. SECTION 4 Any person, firm or corporation who vi- , olates, disobeys, SUBSCRIBED AND SWORN TO BEFOF reuses nto1ecompile,Octo f 0 2 7. with or who resists the enforcement of any of the provisions of this ordinance• shall be fined not' more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is Thank You For Your Paymei permitted to exist shall constitute a separate offense. City of Southiake --- Lori Payne City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 289360641 Invoice Amount: $68.85 PO Number: NO PO Amount Enclosed: $ INVOICE ri5awbg Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 288328801 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/31/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/07 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 28832880 STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCQTINs_S 2 ABLE Publication Date: 8/31/07 , ciTY OF . Descr io SOU'( OF Location Col Depth Linage` MU Rate Amount Notice Is hereby given x.,,< r-, bf t the i of CITY OF SOU' Southlake,lic City a ing he 13580 I 83 85 LINE $0.81 $68.85 will be held on September 18,2007, mediately following the Work Session, during the Regular City Council meeting Net Amount: $68.85 to be held in the City Council Chambers of Towni Street, South- lake, Texas.Purpose of the Public hearing is to consider the second reading of RECEIVED the following ordi- nance: ORDINANCE NO. 480-QQQ AAMENDING ORDINANCE AMENDING NO. 480THE 8 2007 ZONING EH ENORDI- NANCEI- SEP 1 CITY OSOUTHLAKE SECTIONS 4E1D1NG 34, AND 44 AS THEY OFFICE OF CITY SECRETARY PERTAIN TO STAN- DARDS FOR AC- CESSORY STRUC- TURES IN RESI- DENTIAL ZONING DISTRICTS; PRO- THE STATE OF VIDING THAT THIS ORDINANCE SHALL County of Tarrai BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE• Before me,a No PROVIDI FOR is said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,publi: LATIONS HEREOF; ram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after beingdulysworn,did depose and saythat the PROVIDING A SAV-I P attached clippinc INGS PROV DING CLAusEFOIE was published in t bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 PUBLIICATION IN \\\W.,tAARIE����iii� PAMPHLET FORM; PROVIDING FOR PUBLICATION IN \\ \ '9e THE OFFICIAL Signed `?ter;•• pilYpo•;�si�� NEWSPAPER; AND PROVIDING AN EF- _4 : ' (/�'�2 SUBSCRIBED A FEC SECT oNTa bRE ME,THIS Sunday,September 0272007. Any person, firm or I I.:. AA corporation who vi- (61.- `I ola es, disobeys, �,�� __..�i..((,//(( Z omits, neglectsg or Notary Public ► '` '�.�+ refuses comply /vJ S� �t T94�F�yP`o with or who resists the enforcement of %'• �`' ,'YPIRES,� '' any of the provisions of this ordinance r�70=0 B/9-2010 \\\\\\\ shall be fined not 1p��1i'11111111N�\1 Thank You F, more than Two ($2 000 00) for each�nt offense. Each day that a violation is permitted to exist separate offense. a City of Southlake Lori Payne ry Remit To: Staf-ti�icrla 11 Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 288328801 Invoice Amount: $68.85 PO Number: no po Amount Enclosed: $