Loading...
480-QQQQORDINANCE NO. 480-QQQQ AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 4 — DEFINITIONS, SECTION 45 — SPECIFIC USE PERMITS AND SECTION 34 — ACCESSORY USES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public 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 Sections 4, 34 and 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsections: 4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply: Above -Ground Cistern — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes. Rain Barrel — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes no greater than 100 -gallons per barrel or no greater than 250 -gallons per system (multiple rain barrels). 34.1 GENERAL PROVISIONS U DAWfettumepwMOW hh. Rain barrels (As amended by Ordinance No. 480- QQQQ) • Maximum Size: Less than 100 -gallon per barrel and 250 -gallon system "Anything above 100 -gallons or 250 -gallon system would be considered an Above Ground Rainwater Cisterns • Maximum Height: 6 -feet • Location: Anywhere not visible from right- of-way All residential zoning districts excluding Other Requirements open space lots Other Requirements • No signage shall be permitted on the rain barrel where it is visible to the public from the right-of-way • The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. 45.1 GENERAL PROVISIONS 47. Above ground cisterns (As amended by Ordinance No. 480-QQQQ) • Setbacks: Per underlying zoning district • Screening: From public right-of-way by landscaping, buildings or opaque fencing • Location: To the side or rear of principal structure on property • Materials: Materials must be compatible with architecture and/or color of the principal building or structure All districts Other Requirements • No signage shall be permitted on the above ground cistern • No aerial downspouts shall be permitted • The property owner shall ensure the system is not left in a dilapidated state even if not in operation. It shall be maintained in such manner that the system can become operational at any time, provided that rain water is available for the system to operate. • The property owner shall ensure the rain water collections stem does not become a source of #fie water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. • The property owner shall ensure any alternate water supply with a connection to the municipal water supply is properly isolated from the municipal water supply with an air gap or a sufficient backflow prevention assembly device. 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 4 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. SECTION 5 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 6 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 7 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 8 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 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 6th day of January, 2015. MAY R ATTEST: a4 10 :li.p CITY SECRETARI PASSED AND APPROVED on the 2nd reading the 20th day of January, 2015. MAYOR ATTEST: CITY SECRET APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: Tatuttc q INVOICE Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn: Attn: ACCOUNTS P Customer ID:. CIT57 Invoice Number: 332841681 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 1/23/2015 Net due in 21 days 1/31/2015 21500075, 33284168 073 CITY OF SOUTHLA 1/23/2015 Location Col T ` Depth 'Linage " MU Rate Amount CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480- QQQQ ORDIN I3580 1 37 37 LINE S1.20 $44.40 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, Sig SUBSCRIBED AND SWORN TO BEFORE ME, THIS Not Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 332841681 $44.40 21500075 $ Net Amount: $44.40 LLegal Notices � THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONSTO SECTION 4 - 1 DEFINITIONS, SECTION 45 - SPE- CIFIC USE PERMITS AND SECTION 34 -ACCESSORY USES; PROVIDING THAT THIS ORDINANCE SHALL BE cG7 CUMULATIVE OF ALL ORDI- J NANCES; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS 0/� j HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND 1"„V 'P'� LYNNE D PROVIDING AN EFFECTIVE DATE. = o:'' '�°�'� ota(v Public, to of Te °= NOtgty PUbIIC, StOt@ Of T@XQS Any person, firm or corporation who violates, disobeys, omits, neglects : �y: My CommisslQn Expires or refuses to comply with or who '%',;e'oF ��o+F July 31, 201 b resists the enforcement of any of TF the provisions of this ordinance Cc shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a BE violation is permitted to exist shall r said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - TE Passed rute and approved to sf thee20th legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the atl day of January, 2015 during the nt was published in the Ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM regular City Council meeting. (8 Mayor: John C. Terrell Attest: Lori Payne, City Secretary t_ Sig SUBSCRIBED AND SWORN TO BEFORE ME, THIS Not Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 332841681 $44.40 21500075 $