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HomeMy WebLinkAbout1981 12-11-2012 ORDINANCE NO. 1981 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE", ARTICLE IV, "ZONING DISTRICT REGULATIONS", SECTION 84-85, "SPECIAL CONDITIONS BY USE TYPE", TO AUTHORIZE THE CONSTRUCTION OF CARPORTS OR SIMILAR COVERED STRUCTURES UNDER SPECIAL CONDITIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR 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 recognizes in accordance with the Americans with Disabilities Act of 1990, as amended in 2008, that the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on December 4, 2012, in conjunction with Case No. 12-16-CC, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council conducted a public hearing on December 11, 2012, 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, 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 84-85, "Special conditions by use type", of the Euless City Code is hereby amended by revising paragraph (b) to read as follows: (b) Accessory buildings. Private garages and servant's quarters are permitted as accessory buildings on a residential lot subject to the following: (1) The accessory building is located behind the main structure or no closer than 80 feet from the front property line. (2) The accessory building is located no closer than three feet to any other property line and behind any applicable building line. (3) The accessory building is not located within any easement unless the building is portable and written permission has been given by the easement holder. (4) The maximum height of the structure does not exceed eight feet when located three feet from the property line and provided the height may be increased at a rate of one additional foot per two additional feet of setback provided. (5) The floor area of the accessory building does not exceed 50 percent of the minimum required rear yard in the case of a one story building or 40 percent of the minimum required rear yard in the case of a two story building. (6) An accessory building used as a garage, carport or off-street parking of any vehicle must strictly comply with parking requirements specified in article V of this chapter. (7) An accessory building used for servant's quarters shall not be leased or rented to anyone other than a family member of a bona fide servant devoting 50 percent of said servant's time to the family occupying the premises. (8) Such accessory buildings shall not be used for commercial or part time business uses. (9) The City Manager may authorize the construction of a carport or similar covered structure where necessary to accommodate an automobile installed with handicap accessible adaptive equipment utilized by a person with a severe physical disability. Authorization shall be granted on a case by case basis based on the existence of conditions that require special Ordinance No. 1981, Page 2 of 4 access needs that are created by the severe physical disability. Prior to granting authorization, the City Manager shall determine: i) that no other reasonable alternative exists to provide necessary access; ii) that the structure will not unreasonably interfere with the use and enjoyment of adjacent properties, nor significantly diminish or impair property values within the vicinity; and iii) whether special conditions and requirements should be placed on the construction of the structure to ensure compatibility with adjacent properties. The structure shall be removed if the applicant's physical condition that necessitated the request ceases to exist or the applicant no longer resides in the home. A structure that no longer complies with these conditions shall be deemed to be an illegal use and shall not be grandfathered under nonconforming use regulations. If approval of a structure is granted, an affidavit shall be filed in the Tarrant County Deed Records noting the conditions under which the approval was granted. A "severe physical disability" is a condition which seriously limits two or more functional capacities such as mobility, communication, self care, self direction, or work skills. SECTION 2. 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 3. 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 4. 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 accessory buildings 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. Ordinance No. 1981, Page 3 of 4 SECTION 5. 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 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause, and effective date clause of this ordinance in the official newspaper of the City of Euless, in accordance with Section 12 of Article II of the Charter of the City of Euless. SECTION 7. 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 December 11, 2012, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: Mary Lib aleh, Mayor ATTEST: Kim jtter, Tf MC, City Secretary APPROVED AS TO FORM AND LEGALITY: 1 Qt.__ Wayne K. Olson, City Attorney Ordinance No. 1981, Page 4 of 4