HomeMy WebLinkAbout1978 11-13-2012 ORDINANCE NO. 1978
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE",
ARTICLE I, "GENERAL PROVISIONS", SECTION 84-7, "DEFINITIONS
AND WORD USAGE" BY PROVIDING A DEFINITION OF NON-
DEPOSITORY FINANCIAL INSTITUTIONS, CHECK CASHING
BUSINESS, PAYDAY ADVANCE/LOAN BUSINESS, AND CAR TITLE
LOAN BUSINESS; AMENDING ARTICLE IV, "ZONING DISTRICT
REGULATIONS", SECTION 84-84, "PERMITTED USES TABLE" AND
SECTION 84-85, "SPECIAL CONDITIONS BY USE TYPE"; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless ("City"), 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 Council is empowered under the Texas Local Government
Code to adopt ordinances and rules for the orderly and beneficial operation of City
Government and the welfare of the citizens of Euless; and
WHEREAS, the City Council has adopted Chapter 84 of the Euless Code of
Ordinance, the Unified Development Code, which regulates and restricts the location
and use of buildings, structures and land for trade, industry, residence, and other
purposes, and provide for the establishment of zoning districts of such number, shape
and area as may be best suited to carry out these regulations; and
WHEREAS, non-depository financial institutions include check cashing
businesses, payday/advance loan businesses, and car title loan businesses; and
WHEREAS, the City Council desires to amend Chapter 84 to provide more
specific regulations concerning non-depository financial institutions to better address the
general health, safety and welfare of the residents of Euless; and
WHEREAS, the City Council has reviewed source materials related to the effects
of non-financial institutions and has determined that a proliferation and clustering of
non-depository financial institutions in the City of Euless can have a detrimental effect
on local property values and economic development within the City {Sources: (1)
Alternative Financial Services: Chattanooga, TN", Chattanooga-Hamilton County
Regional Planning Agency, 2006: (2) Center for Responsible Lending, online at:
www.responsiblelending.org} and can have an unreasonable adverse effect on the
citizens of Euless {Source: Baylor, Don; "The Hidden Costs of Payday Lending," Texas
Business Review, April 2008}; and
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing on November 6, 2012, in conjunction with Case No. 12-13-CC, and has
rendered a recommendation to the City Council with respect to this case; and
WHEREAS, City Council has conducted a public hearing on November 13, 2012,
has considered the recommendation of the Planning and Zoning Commission, and has
determined that the proposed change is in the best interest of the general welfare of the
City of Euless; and
WHEREAS, City has complied with all requirements of Chapter 211 of the Local
Government Code and all other laws dealing with notice, publication and procedural
requirements for the amendments described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
Section 84-7 Definitions and word usage paragraph (b) is amended through the
addition of the following:
Non-depository financial institution. Any check cashing business, payday
advance/loan business, or car title loan business as defined in this section. This
definition excludes:
a. A state or federally chartered bank, savings and loan association or credit
union, or pawnshop; and
b. A convenience store, supermarket, or other retail establishment where
consumer retail sales constitute at least seventy-five (75%) of the total
gross revenue generated on site.
Check cashing business. An establishment that provides one or more of the
following:
a. An amount of money that is equal to the face of the check or the amount
specified in the written authorization for an electronic transfer of money,
less any fee charged for the transaction;
b. An agreement not to cash a check or execute an electronic transfer of
money for a specified period of time; or
c. The cashing of checks, warrants, drafts, money orders, or other
commercial paper for compensation by any person or entity for a fee.
Payday advance/loan business. An establishment that makes small consumer
loans, usually backed by a postdated check or authorization to make an
electronic debit against an existing financial account, where the check or debit is
held for an agreed-upon term, or until a customer's next payday, and then
cashed unless the customer repays the loan to reclaim such person's check.
Ordinance No. 1978, Page 2 of 6
Such establishments may charge a flat fee or other service charge and/or a fee
or interest rate on the size of the loan amount.
Car title loan business. An establishment that makes small consumer loans that
leverage the equity of a car or other vehicle as collateral where the title to such
vehicle is owned free and clear by the loan applicant and any existing liens on
the car or vehicle cancel the application. Failure to repay the loan or make
interest payments to extend the loan allows the lender to take possession of the
car or vehicle.
SECTION 2.
Section 84-84 Permitted uses table (Table 4A) is amended through the addition
of the following:
Residential Commercial Industrial
Parking Special
SIC C R Condition
Primary Use Group Ta
ode R- R- R- R- R- R- R- MH C- C- TX LI I- I- ble 5 A Section
1 1 1L 1A 2 3 4 5 1 2 10 1 2 84-85
C
Nondepository
6099 or financial
614* institution as S S S 8 ak
defined in Sec
84-7.
Section 84-84 Permitted uses table (Exhibit A "TX-121" — 121 Gateway District
Use Table) is amended through the addition of the following:
Parking Special
SIC Code Primary Use Group Condition Sec.
Table 5-A 84-85
6099 or Nondepository financial institution as defined in Sec 84-7 8
614*
SECTION 3.
Section 84-85 Special conditions by use type is amended through the addition of
the following:
(ak) Non-depository financial institution. No non-depository financial institution as
defined in Section 84-7 may be located within 1,000 feet of another non-depository
financial institution; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or
SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet
of any zoning which allows residential uses by right.
(a) Measurement. For purposes of this section, measurement shall be made
in a straight line, without regard to intervening structures or objects:
Ordinance No. 1978, Page 3 of 6
1. From the nearest portion of the property line of the premises where the
existing business is located to the nearest portion of the property line
of the premises where the new business is proposed;
2. From the nearest portion of the right-of-way line of Airport Freeway/SH
183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial
Boulevard to the property line of the premises where the new business
is proposed; or
3. From the nearest portion of any zoning classification which permits
residential uses by right to the property line of the premises where the
new business is proposed.
(b) Non-conformity. A non-depository financial institution that existed and
was lawfully constructed, located and operating on the date of this Section
84-85(ah), and that does not conform to zoning district and/or separation
distance standards adopted herein shall be deemed a non-conforming use
and may continue in operation subject to the provisions in Article III of
Chapter 84 and the provisions set forth below:
1. If a non-depository financial institution ceases operations at a particular
location, a new certificate of occupancy shall not be issued for a new
non-depository financial institution at that location without first
complying with all the requirements of this Section 84-85(ah).
2. The ability to continue a non-conforming non-depository financial
institution shall cease and such use shall terminate whenever either of
the following occur:
i. A certificate of occupancy for a change of owner, occupant,
tenant, or business is required.
ii. The certificate of occupancy for the use is relinquished,
canceled, or terminated in accordance with other applicable
ordinances.
SECTION 4.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which event the conflicting provisions of the other ordinances are hereby repealed.
Ordinance No. 1978, Page 4 of 6
SECTION 5.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council of the City of Euless that the sections, paragraphs, sentences, clauses, and
phrases 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, or 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.
SECTION 6.
SAVINGS CLAUSE. That the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance. All rights and remedies of the City of Euless are expressly saved as to any
and all violations of the provisions of any ordinances affecting the regulation of non-
depository financial institutions, check cashing businesses, payday advance/ loan
businesses and car title loan businesses within the City 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.
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall
be deemed a separate offense and shall be punishable as such hereunder.
SECTION 8.
PUBLICATION. The caption and penalty clause of this ordinance shall be
published in a newspaper of general circulation in the City of Euless, in compliance with
the provisions of Article II, Section 12, of the City Charter.
SECTION 9.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication, as provided by the Euless City Charter and the laws of the
State of Texas.
Ordinance No. 1978, Page 5 of 6
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on November 13, 2012, by a vote of 7 ayes,
o nays, and _ o abstentions.
APPROVED:
dit ,, //ls-jitittu-
Mary Lib aleh, Mayor
ATTEST:
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6,
im utter, RMC, City Secretary
APPROVED AS TO FORM:
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Wayne Olson, City Attorney
Ordinance No. 1978, Page 6 of 6