HomeMy WebLinkAbout1976 11-27-2012 ORDINANCE NO. 1976
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE",
BY REGULATING TOBACCO PRODUCTS STORES; AMENDING
ARTICLE I, "GENERAL PROVISIONS", SECTION 84-7, "DEFINITIONS
AND WORD USAGE"; 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
Ordinances, 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, the City Council has reviewed source materials related to the effects
of tobacco product stores and has determined that a proliferation and clustering of retail
tobacco products stores in the City of Euless can have an unreasonable adverse effect
on the citizens of Euless; and
WHEREAS, the City Council desires to amend Chapter 84 to provide more
specific regulations concerning tobacco products stores, to better address the general
health, safety and welfare of the residents of Euless; and
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing on November 20, 2012, in conjunction with Case No. 12-11-CC, and has
rendered a recommendation to the City Council with respect to this case; and
WHEREAS, the City Council has conducted a public hearing on November 27,
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 City of
Euless; and
WHEREAS, the 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:
Tobacco products store. A retail establishment that is dedicated, in whole or in
part, to the smoking of tobacco or other substances and includes any
establishment that allows either the payment of consideration by a customer to
the establishment for on-site delivery of tobacco, tobacco accessories or similar
substances and products to the customer; and, the onsite smoking of tobacco or
other substances. This definition shall be construed to include establishments
known variously as retail tobacco stores, tobacco products shops, hookah cafes,
tobacco clubs, tobacco bars, and similar establishments, but shall not include an
establishment which derives more than fifty (50) percent of its gross revenue
from food, beverage, or gasoline fuel sales.
SECTION 2.
Section 84-84 Permitted uses table (Table 4A) is amended through the
addition/revision of the following:
Residential Commercial Industrial
SIC C R Parking Special
Condition
Primary Use Group Ta
ode R- R- R- R- R- R- R- C- C- TX p Section
1 1 1L 1A 2 3 4 5 MH 1 2 10 LI 1 2 ble 5-A 8485
C
Tobacco
5993 Products Store S S S 8 x,am
as defined in
Sec 84-7.
5993 Cigar Stores S S S 8 x,am
Ordinance No. 1976, Page 2 of 5
SECTION 3.
Section 84-85 Special conditions by use type is amended through the addition of
the following:
(am) Tobacco Products Store. No tobacco products stores may be located within 1,000
feet of another tobacco products store; 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:
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 tobacco products store that existed and was lawfully
constructed, located and operating on the effective date of this Section 84-
85(am), 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 tobacco products store ceases operations at a particular location, a
new certificate of occupancy shall not be issued for a new tobacco
products store at that location without first complying with all the
requirements of this Section 84-85(am).
2. The ability to continue a non-conforming tobacco products store 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.
Ordinance No. 1976, Page 3 of 5
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.
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.
SAVING 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 tobacco
products stores 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.
Ordinance No. 1976, Page 4 of 5
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.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on November 27, 2012, by a vote of 6 ayes,
o nays, and 0 abstentions.
APPROVED:
aled th
Mary Lib h, Mayor
ATTEST:
r
Ki Sutter,TRMC, City Secretary
APPROVED AS TO FORM:
/f)/(C9I,
Wayne Olson, City Attorney
Ordinance No. 1976, Page 5 of 5