HomeMy WebLinkAbout1041 01-22-1991ORDINANCE NO. 1041
AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME
BEING THE COMPREHENSIVE ZONING CODE OF THE CITY OF
EULESS TO AN END SECTION 7- 101(6) ORDINANCE NO 347,
KNOWN AS THE "EULESS ZONING ORDINANCE" TO PROVIDE
LIMITATIONS ON ACCESSORY BUILDINGS; PROVIDING A
PENALTY FOR VIOLATION THEREOF; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, Section 7- 101(6) of the Euless Zoning Ordinance which
regulates accessory buildings, requires setbacks from property lines
that are excessive;
WHEREAS, the trend of decreasing lot sizes has made compliance
with this ordinance overly burdensome;
WHEREAS, the combination of the trend towards smaller lots and
the large setbacks for accessory buildings, does not provide for an
efficient use of rear yards;
WHEREAS, it is the intent of the Ordinance to provide productive
use of rear property without infringement upon the use and enjoyment
or property values of adjacent properties;
I.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
That Section 7- 101(6) of Ordinance #347 of the Euless Zoning
Ordinance be amended to read as follows:
(6) Accessory buildings, including private garages and
servant's quarters are permitted when:
a.) located behind the main structure or no closer
than 80 feet (80') from the front property
line;
b.) located no closer than three feet (3') to any
other property line and behind any applicable
building line;
c.) such accessory buildings are not located
within any easement unless it is portable and
written permission has been given by the
easement holder;
ORDINANCE NO. 1041, PAGE ONE OF THREE
d.) the maximum height of such structures does not
exceed eight feet (8') when located three
feet (3') from the property line and provided
the height may be increased at a rate of one
additional foot per two additional feet of set
back provided;
e.) the floor area of said accessory building does
not exceed 50% of the minimum required rear
yard in the case of a one story building or
40% of the minimum required rear yard in the
case of a two story building;
f.) accessory buildings used as garages, carports
or off - street parking of any vehicle strictly
comply with parking requirements specified in
Section 8 -501 of this ordinance;
g.) accessory buildings used for servant's
quarters shall not be leased or rented to
anyone other than a family member of a
bonafide servant giving 50% of said servant's
time to the family occupying the premises;
h.) such accessory buildings, if located in a
residential zoned district, shall not be used
for commercial or part time business uses;
II.
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 an amount not to exceed $1,000.00 per day. Each such violation
shall be deemed a separate offense and shall be punishable as such
hereunder.
III.
Severability Clause. That it is hereby declared to be the
intention of the City Council 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 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.
ORDINANCE NO. 1041, PAGE TWO OF THREE
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IV.
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 GIVEN FIRST READING at a regular meeting of the
Euless City Council on the 8th day of January , 1991 ; by a
vote of 4 ayes, 0 nays and 0 abstentions; GIVEN
SECOND READING AND APPROVED at a regular meeting of the Euless City
Council on the 22nd day of January , 1991 , by a vote of 4
ayes, 0 nays and 0 abstentions.
APPROVED:
-7C7L�ZO. JZ2�
Harold Samuels, Mayor
ATTEST:-
Susan Crim, City Secretary
APPROVED AS TO FORM:
ob McFarland, ity Attorney
ORDINANCE NO 1041, PAGE THREE OF THREE
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