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HomeMy WebLinkAbout1060 09-24-1991ORDINANCE N0. 1060 AN ORDINANCE AMENDING ORDINANCE NO. 347, SANE BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MUMS, TEXAS, BY ADDING A NEW ZONING DISTRICT, THE "TX 10 MULTI -USE DISTRICT" ADOPTING NECESSARY REGULATIONS FOR THE ADMINISTRATION OF THE TEXAS HIGHWAY 10 MULTI -USE DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION THEREOF AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the request of the Planning and Zoning Commission concerning the creation of a new zoning district called the Texas Highway 10 Multi -use District; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the suggested changes herein made, which public hearing has been duly held; and WHEREAS, the City Council has determined that the amendment to the Comprehen- sive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of Euless; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 THAT Section 3 -100, entitled "OFFICIAL ZONING MAP; ZONING DISTRICT LISTING," of the Comprehensive Zoning Ordinance, be amended to read as follows: 3 -100 OFFICIAL ZONING MAP The City of Euless is hereby divided into thirteen (13) zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: ABBREVIATED DESIGNATION "R -1" "R -lA" "R -2" "R -3" "R -4" "R -5" "C -1" "C -2" "TX 10" umu "SP„ "PD" ZONING DISTRICTS ZONING DISTRICT NAME Single - Family Dwelling District Single - Family Attached Dwelling District Two - Family Dwelling District Low Density Multiple - Family Dwelling Dist. Medium Density Multiple - Family Dwelling Dist. High Density Multiple - Family Dwelling Dist. Neighborhood Business District Community Business District Texas Highway 10 Multi -Use District Limited Industrial District Light Industrial District Heavy Industrial District Mobile Home Dwelling District Specific Use Permit Planned Development SECTION 2 THAT Section 5, entitled "PURPOSE OF ZONING DISTRICTS," of the Comprehensive Zoning Ordinance, be amended by adding Section 5 -105.5 to read as follows: 5 -105.5 "TX 10 ", TEXAS HIGHWAY 10 MULTI -USE DISTRICT The Texas Highway 10 Multi -use District is intended to permit concentrated growth along the north and south sides of Texas Highway 10 with the development of business, industry and compatible support activities that maximize the potential for job growth, increase property values, and enhance the City's urban image along the State Highway 10 Corridor. It specifically encourages those uses that will stimulate work force expansion, optimize employee to customer ratios, maximize the economic use of available land and encourage the redevelopment of land. It specifically discourages those uses which provide for marginal increases in job growth, promote idle land, and detract from the image enhancement intentions of this district. THAT Section 7, "REGULATIONS APPLICABLE TO SPECIFIC DISTRICTS ", of the Compre- hensive Zoning Ordinance, be amended by adding a new 7 -550 series to read as follows: 7 -550 "TX 10" TEXAS HIGHWAY 10 MULTI -USE DISTRICT The following regulations shall apply in all "TX 10" Texas Highway 10 Multi -use Districts: ORDINANCE NO. 1060 , PAGE 2 OF 16 (21) Service establishment; (22) Wholesale display and sales. ce+,i\`i�'7 i A -llIZI �:YYai (1) Minimum Lot Size - Every lot within this zoning district shall be at least twenty -two thousand five hundred (22,500) square feet in area. (2) Minimum Lot Width - Every lot within this zoning district shall be at least one hundred thirty (130) feet in width, measured at the front building line. (3) Front Yard - Every building within this district shall have a minimum front yard setback of thirty (30) feet measured from the property line adjacent to the public right-of -way, provided however, a twenty (20) foot front yard setback is allowed if the entire front yard is a landscaped open space area. (4) Side Yard - Every building within the district shall have a minimum side yard setback of ten (10) feet except when the following conditions exist: (a) When the side yard is adjacent to a public street right -of -way, then a setback of twenty (20) feet shall be provided; (b) When the side yard is adjacent to property zoned for single family dwelling purposes, then a minimum setback of two (2) feet for every one (1) foot of building height (as defined by the Uniform Building Code) shall be provided; (c) When the side yard is adjacent to property zoned or used for any other residential use, a minimum setback of one (1) foot for every one (1) foot of building height (as defined by the Uniform Building Code) shall be provided. (5) Rear Yard - Every building within the district shall have a minimum rear yard setback of ten (10) feet except when the following conditions exist: (a) When the rear yard is adjacent to a public street right -of -way, then a setback of twenty (20) feet shall be provided; (b) When the rear yard is adjacent to property zoned for single family dwelling purposes, then a minimum setback of two (2) feet for every one (1) foot of building height (as defined by the Uniform Building Code) shall be provided; ORDINANCE NO. 1060 , PAGE 4 OF 16 7 -551 USES PEIMTPSD The following are the only permitted uses within the Highway 10 Multi -use District, uses specified in the "Specific Use Permit" section (Section 7 -1000) of this ordinance are expressly prohibited unless "TX 10" is identified as a permissive district, in which case specific approval from the Euless City Council in accordance with Section 7 -1000 shall be required. (1) Any use permitted in the foregoing "C -1" Neighborhood Business District and "C -2" Community Business District; (2) Accessory use or structure; (3) Bank, savings and loan, or credit union; (4) Cafe, restaurant or cafeteria; (5) Clinic; (6) Drive -in eating establishment; (7) Drive - through eating establishment; (8) Hospital; (9) Hotel or motel; (10) Manufacturing, processing, fabrication and assembly; (11) Personal service shop; (12) Professional office; (13) Radio, television or microwave tower, as an accessory use or structure only and limited to a maximum of 100' in height; (14) Railroad or bus passenger station; (15) Railroad right -of -way; (16) Research and development laboratory; (17) Retail sales; (18) Satellite reception dishes (as per the C -2 zoning district regulations); (19) School (vocational /technical); (20) Shopping center; ORDINANCE NO. 1060 , PAGE 3 OF 16 (c) When the rear yard is adjacent to property zoned or used for any other residential use, a minimum setback of one (1) foot for every one (1) foot of building height (as defined by the Uniform Building Code) shall be provided. 7 -553 MAXIMUM HEIGHT No building in this district shall exceed sixty (60) feet in height provided, however, no building in this district shall exceed one story height when such structure is located within one - hundred twenty (120) feet of property zoned for single - family dwelling purposes. 7 -554 OUTSIDE SALES & DISPLAY An area up to 20% of the floor area of the main structure may be used for outside sales and /or display. Said display area shall be located no closer to any public street than any wall of the main structure and shall not extend into any of the yard area required by this ordinance. 7 -555 OUTSIDE STORAGE AND ACTIVITY AREAS Outside storage of materials, supplies, products and containers is permitted behind the front of the building provided all the follow- ing conditions have been satisfied: (1) Screening - Such storage shall be screened from the street /alleys and all adjacent properties as prescribed by the screening requirements for this district. (2) All Weather Surface - Such outside storage and activity area shall be paved with an all weather surface such as concrete, asphalt or pavers. (3) Maximum Height of Material Stacking - No materials shall be stacked or stored to a height greater than the height of the masonry fence or wall screening said storage area. (4) Setback from Residential Zones - Such outside storage and activity area shall be located no closer than twenty -five (25) feet from any property zoned for one or two family use. ORDINANCE N0. 1060 , PAGE 5 OF 16 7 -556 SCREENING In addition to the specific regulations specified in the "TX 10" Multi -Use District, protective screening shall be provided in accordance with SECTION 10. (1) General - Screening Fence and Wall Requirements - Where required, screening fences and walls shall be erected to a height of not less than six (6) feet nor greater than eight (8) feet unless otherwise provided. Such screening fence or wall shall be permanently and adequately maintained by the owner of the property on which the fence is required to be erected. Only the following types of walls or fences shall qualify as a screening fence or wall required by this zoning district. (a) Masonry Wall or Fence - Such masonry fence or wall shall be constructed with the finished side face out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish or decorative concrete masonry units. In no case shall more than twenty -five percent (257) of the area of the fence be erected with common smooth face masonry units. (b) Ribbed Metal Panel Fence - Suitably finished to blend with the primary structure and supported by a structurally sound metal frame. (c) Galvanized Metal Chain Link Fence with Slats - Constructed of metal posts placed in concrete footings, galvanized metal fabric, and metal bracing between each post attached at the top, middle, and bottom of the fence. All weather slats shall be woven into the metal fabric and shall produce no more than forty (40) square inches of openings over any one (1) square foot. (2) Screening of outside Storage and Activity Areas - All outside activities and uses including loading docks, outside storage of materials, supplies and the like, shall be screened from all adjacent properties by a ribbed metal panel fence, chain link fence with slats or masonry wall /fence, as described above; except, however, such outside activities or storage areas shall be screened from all public streets, alleys, medical uses, hotels, motels, and shopping centers by a solid masonry fence or wall as described above. (3) Screening Required Next to Residentially Zoned Districts - All uses within this district shall provide a masonry screening wall not less than six (6) feet in height, erected along the entire length of the common property line between this district ORDINANCE NO. 1060 PAGE 6 OF 16 and all property zoned for one or two family use unless said masonry fence was constructed previously by the residential development. In addition to the masonry wall, a landscape buffer strip not less than ten (10) feet in width shall be provided. Said buffer strip shall include a living evergreen hedge that will reach a height of ten (10) feet or greater within five (5) years. (4) Access to Screened Storage Areas - An opening adequate in width to permit vehicular traffic shall be permitted. Said opening shall be equipped with gates capable of screening the outside activities and uses from view when closed and such gates shall be designed not to swing into the front or side street yard (i.e., that area between the building and the street right -of -way). (5) Screening of Loading Docks - All loading docks shall be located at least fifty (50) feet from Highway 10 and be screened from view of Highway 10 and any intersecting street by a masonry screening fence or wing wall. (6) Screening of Refuse Storage Areas - All refuse facilities shall be screened from view from public streets and adjacent proper- ties by a masonry fence not less than six (6) feet in height. No refuse storage area may be located closer than twenty (20) feet to any property zoned for single or multi - family purpose. (7) Screening of Roof Mounted Equipment - All roof mounted equip- ment which rises above the roof line of any building or struc- ture shall be screened from view of Highway 10 or any public street with a building material consistent and compatible with the building. (8) Screening of Meters and Utility Devices - All storage tanks, trash containers, pad mounted utility equipment, gas meters, transformers, ventilation, air conditioning equipment and maintenance facilities shall be visually screened. 7 -557 EXTERIOR FACADE REQUIREMENTS (1) New Construction - All buildings hereafter erected shall main- tain an exterior masonry facade in accordance with the "Minimum Masonry Table" of this section. (2) Existing Structures - All new additions shall comply with the "Minimum Masonry Table" of this section; furthermore, all buildings hereafter altered or remodeled to any of the extents described below shall maintain an exterior masonry facade in accordance with the "Minimum Masonry Table" of this section: ORDINANCE NO. 1060 , PAGE 7 OF 16 (a) such remodel or alteration changes the exterior of the building; (b) such remodel or alteration changes the size of the origi- nal building by 507 or more; (c) such remodel or alteration is valued at 507 or more of the improvement value according to the latest approved tax rolls. (3) Minimum Masonry Table - TOTAL FLOOR AREA OF STRUCTURE Less than 50,000 Sq. Ft 50,000 to 100,000 Sq. Ft More than 100,000 Sq. Ft. MINIMUM PERCENTAGE OF WALL AREA TO BE MASONRY 807 of all exterior walls 407 of all street facing walls 207 of all street facing walls (4) Computation of Wall Areas - The area of any exterior wall subject to the minimum masonry requirement shall be calculated by multiplying the width of the wall times the wall height as measured from the finished grade to the roof line, less the area occupied by doors and windows. Insets, such as porch ways and breeze ways shall also be subject to the minimum masonry requirements. (5) Acceptable Masonry Facade Materials - Only the following materials shall be considered as meeting the masonry require- ments of this zoning district: natural stone, brick, precast concrete panels, stucco, and /or concrete masonry units of the following types; split -face, fluted, castle rock, shadow rock, scored and /or glazed (common smooth face masonry units are specifically prohibited unless 'used in combination with other types of concrete masonry units and do not exceed twenty -five (25) percent of the area covered by concrete masonry units). (6) Special Exception - Special exception to this requirement may be granted on a case by case basis by the Euless City Council provided that the Council finds that the proposed building, materials and arrangement of these materials will enhance and preserve the characteristics of the neighborhood in which the structure is located. Special exceptions approved by City Council shall be in effect for only the structure(s) specifi- cally authorized by Council and shall become null and void ORDINANCE NO. 1060 , PAGE 8 OF 16 should no building permit be issued within ninety (90) days or should the building permit for the specific structure expire. Special exception applications shall be made in accordance with the last approved policy for such by the Euless City Council. 7 -558 OFF- STREET PARKING There shall be provided in connection with any use permitted in this zoning district off - street parking space in accordance with the provisions of SECTION 8 unless specifically described below. NUMBER OF PARKING USE SPACES REQUIRED FOR EACH Retail Sales 1 250 Sq. Ft. Floor Area Railroad or Bus 1 250 Sq. Ft. Floor Area Passenger Station Wholesale Display 1 250 Sq. Ft. Display Floor and Sales Area Clinic or Medical 1 150 Sq. Ft. Floor Area Facility Manufacturing, Processing, 1 1000 Sq. Ft. Floor Area Fabrication or Assembly Meeting Room within 1 250 Sq. Ft. Floor Area Hotel or Motel Veterinarian Clinic 1 200 Sq. Ft. Floor Area Contractors Services 1 250 Sq. Ft. Floor Area 7 -559 SIGNAGE Permitted signs in this zoning district shall be in accordance with the regulations established in SECTION 9. 7 -560 LANDSCAPING REQUIREMENTS (1) Purpose - The purpose of these landscape requirements are: (a) To mitigate the negative effects of the alteration of the natural topography, vegetation, and introduction of impervious surfaces; ORDINANCE NO. 1060 , PAGE 9 TO 16 (b) To enhance and improve visual buffers along S.H. 10 and intersecting streets and improve the appearance of yard areas and parking areas; (c) To enhance and support the City of Euless in its stated goal of encouraging tree planting within the City; (d) To enhance the beautification of the City of Euless; (e) To safeguard and enhance property values and to protect public and private investments. (2) Applicability - Except as otherwise provided below, these regulations shall apply to all property zoned "S.H. 10" Multi -use District and shall become applicable at such times as any application for a Building Permit is made, except, however, these requirements shall not apply to Building Permits for the following: (a) Substantial restoration within a period of twelve (12) months for a building which has been damaged by fire, explosion, flood, tornado, riot or calamity of any kind. (b) Remodeling as long as all the exterior walls of the building remain in the same position, in which case the requirements for landscaping shall be determined on a case -by -case basis by simple majority approval of the City Council. Such alternative landscape requirements shall have the effect of reducing the degree of nonconformity and shall comply with the purpose of these landscape requirements. Such alternative landscape requirements shall become a condition of the Building Permit and subsequent Certificate of Occupancy. (3) Landscape Strip Required Along Street Frontages - A landscape strip, exclusive of all approved driveway crossings, shall be provided along all street frontages. Such landscape strip shall have a minimum width of ten (10) feet, located on the site, plus the space between the street right -of -way line and the edge of paving. Said landscape strip shall be irrigated with an underground irrigation system. Such landscape strip shall be fully landscaped and shall contain the following minimum number and size of trees and shrubs. (a) Trees: No fewer than one (1) tree, listed on the "Plant Materials" list provided herein, shall be provided for every twenty -five (25) feet street frontage or portion thereof. Such tree(s) shall be of at least three (3) inches in caliper and twelve (12) feet in initial height. ORDINANCE NO. 1060 PAGE 10 OF 16 W Shrubs: No fewer than four (4) shrubs shall be provided for every twenty -five (25) feet of street frontage, or portion thereof. The minimum size at time of planting shall be five (5) gallons. (4) Landscaped Parking Area - In addition to the ten (10) feet landscape strip required along street frontages, landscaping shall be provided in parking areas in a ratio of not less than 25 sq. ft. of landscape area for every parking space located in street yard (i.e., that area between the building and any street right -of -way). Such landscaping shall be fully irrigat- ed with an automatic or manual underground irrigation system. With the exception of the landscape strip, said landscaping should be evenly dispersed throughout the parking lot and be protected by a monolithic curb, and no landscape area shall be less than four (4) feet in width. (a) Minimum Number of Trees Required: In addition to the trees required in the front landscape strip, at least one (1) tree shall be provided for every ten (10) (or portion thereof) parking spaces located in the street yard. (i.e., that area between the building and the street right -of -way). Said trees shall be of at least three (3) inches in caliper and twelve (12) feet in initial height (either existing or planted). (b) Credit for Existing Trees in Street Yard: An exist- ing or planted tree of at least six (6) inches in diameter and at least fifteen (15) feet in height shall be considered as two (2) trees for purposes of satisfying this requirement. Existing trees to be preserved shall be protected during construction and the area under the branches shall be left permeable. (5) Landscape Plan - A landscape plan shall be prepared and submit- ted to the City for processing and approval. The landscape plan shall be drawn to a scale large enough to adequately show the details of the plan. The drawings shall consist of plans and elevations plus detailed plans of any elements such as walls, fountains, raised planters, berms, etc. Specific items which shall be shown include, but not limited to: (a) Location of trees to be preserved; (b) Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; (c) Species of all plant material to be used; (d) Size of all plant material to be used; ORDINANCE N0. 1060 , PAGE 11 OF 16 (e) Spacing of plant material; (f) Layout and description of irrigations, sprinkler or water systems including placement of water sources; (g) Description of maintenance provisions for the landscape plan; (h) Person(s) responsible for the preparation of landscape plan. Accompanying the plan will be a set of specifica- tion which will include the following: (1) Common and scientific names of all plant materials, (2) Size and quantity of plant materials, (3) Specifications for developing all supporting site elements. (6) Installation of Landscaping - Except as otherwise provided, all landscaping must be completed in accordance with the approved landscape plan before a Certificate Of Occupancy Permit may be issued for any building on the lot. If the property owner provides the building official with documented assurance that the landscaping will be completed within six months, the building official may issue one six -month temporary Certificate Of Occupancy and permit the property owner to complete landscaping during the six -month period. (7) Maintenance - All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscap- ing. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. (8) Conflict With Traffic - Where the rigid enforcement of these landscaping requirements will result in conflict with visibili- ty requirements for traffic circulation on or adjacent to the site, the requirements of providing visibility shall override the landscape requirements. (9) Plant Material - Plant material which complies with the re- quirements of this ordinance include: ORDINANCE N0. 1060 , PAGE 12 OF 16 (a) Trees: Trees referred to in this section shall be of a species common to this area of Texas, and shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown of spread. Acceptable species include the follow- ing: Bald Cypress Taxodium distichum Cedar Elm Ulmus crassifolia Lacebark Elm Ulmus parvifolia Pecan Carya illinoinesis Chinese Pistache Pistacia chinesis Bur Oak Quercus macrocarpa Southern Red Oak Quercus falcata Texas Red Oak Quercus texana Chinkapin Oak Quercus muehlenbergii Shumard Oak Quercus shumardii Sweet Gum Liquidambar styraciflua Green Ash Fraxinus pennyslvanica Live Oak Quercus virginiana Western soapberry Sapindus drummondii Black Jack Oak Quercus marilandica Eastern Red Cedar Juniperus virginiana southern Magnolia Magnolia grandiflora Slash pine Pinus elliotii Japanese Black Pine Pinus Thunbergi Afghan Pine Pinus eldarica Mexican Plum Prunus mexicana River Birch Betula nigra Bradford Pear Pyrus calleryana "Bradford" Chaste Tree Vitex agnus - castus (b) Shrubs and Hedges: Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. Acceptable species shall include those species that are recommended for this climate and soil conditions. SECTION 4 THAT Section 7-1002 entitled "Specific Use Schedule" be amended by adding "TX 10" as a permissive district for each of the following uses: USE PERMISSIVE DISTRICT (4) Electrical Substation R- 1,R- 2,R- 3,R- 4,R-5,MH,TXI0,L -1, I -1,I -2 ORDINANCE NO. 1060 , PAGE 13 OF 16 (6) Radio, Television or Microwave Tower (7) Sewage Treatment Plant (8) Utility Installation, Public or Private, Not listed (9) Water Standpipe or Elevated Storage (11) College, University or Private School (12) Cemetery or Mausoleum (13) Convent or Monastery (22) Nursing Home or Residence Home for Aged (24) Retail Sales or Household Pets (no outside run) (30) Amusement, Commercial (33) Dance Hall or Night Club (34) Fairgrounds (35) Golf Courses, Public (36) Recreation Club or Area, Private (38) Theatre, Drive -In type (39) Billiard Parlor (40) Heliport R- 1,R- 2,R- 3,R- 4,R- 5,MH,C- 1,C -2, 1110,I -1,I -2 R- 1,R- 2,R- 3,R- 4,R- 5,MH,C- 1,C -2, 7X10,L- 1,I -1,I -2 R- 1,R-2,R- 3,R- 4,R- 5,MH,C- 1,C -2, TX10,L- 1,I -1,I -2 R- 1,R- 2,R- 3,R- 4,R-5,MH,C- 1,C -2, TX10,L- 1,I -1,I -2 R- 1,R- 2,R- 3,R- 4,R- 5,C- 1,C- 2,TX10 R- 1,R- 2,R- 3,R- 4,R- 5,MH,TX10 R- 1,R- 2,R- 3,R- 4,R- 5,MH,C- 1,C -2, TX10 R- 3,04,05,01,02,TX10 C- 2,TX10,I -1,I-2 C- 2,TX10 C- 2,TX10,I -1 C- 2,TX10,I -1 R- 1,R-2,R- 3,R- 4,R- 5,MH,TXI0,L -1 R- 2,R- 3,R- 4,R- 5,MH,C- 1,C- 2,TX10, L -1 C- 2,TX10,I -1,I -2 C-2,TX10 C- 2,TX10,L- 1,I -1,I -2 (52) Tavern, Bar, Private Club or Other C- 2,TX10,L -1,I -1 Establishment Serving Alcoholic Bev- erages (other than beer) for On- premises Consumption (Not incidental to the Service of Food Prepared at Such Restaurant or Cafe, or Incidental to the Providing of Lodging at Such Location as a Hotel, Motel, or Motor Inn). (Ord. No. 760, )1, 9/27/83) ORDINANCE NO. 1060 , PAGE 14 OF 16 USE (53) Tavern, bar, private club or other establishment offering the sale of beer for on- premises consumption (not incidental to the service of food pre- pared at such restaurant of cafe, or incidental to the providing of lodging at such location as a hotel, motel, or motor inn). (Ord. No. 760,II, 9/27/83) PERMISSIVE DISTRICT C- 1,C- 2,TX10,L- 1,I-1,I -2 (54) New or used sales of automobiles, C- 2,TX10 trucks, trailers, recreational vehicles, mobile homes or boats. (Ord. No. 538,I, 2/28/78) (58) Satellite television reception dish other than as authorized herein. (Ord. No. 948, I, 9/22/87) (59) Commercial firing ranges (Ord. No. 835, II, 4/9/85) (62) Residential facilities for the housing of offenders under the Criminal Justice System of the State of Texas, including without limitation thereto, person under the supervision or custody of the Texas Department of Corrections, the Texas Youth Commission, the Texas Board of Pardons and Paroles, the County Juvenile and Adult Probation Departments of the State of Texas. (Ord. No. 935, I, 8/11/87) (63) Sale of used and /or second hand merchandise or goods provided that all items for sale are displayed entirely within an enclosed building. (Ord. No. 959, I, 2/23/88) SECTION 5 All Districts TX10,I -1,I -2 R- 3,R-4,R- 5,CUD,PD,C- 1,C- 2,TX10, L -1,I -1 and I -2 By Special Resolution of the City Council in C- 2,TX10,L- 1,I -1,I-2 and non - residential PD areas zoned to permit uses allowed in the above zoning districts and upon such conditions and limita- tions as may be imposed by the City Council in such Resolution 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 unconstitu- tionality 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. ORDINANCE NO. 1060 , PAGE 15 OF 16 SECTION 6 PENALTY FOR VIOLATION. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon convic- tion thereof, shall be liable to a fine in an amount not to exceed One - thousand Dollars ($1,000), and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 347, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. SECTION 7 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage 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 10th day of September 1991, by a vote of 5 ayes, 0 nays, and 0 abstentions. PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular meeting of the Euless City Council on the 24th day of September 1991, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: yz)- Harold D. Shmuels, Mayor AT ='EST: S ;2 L�( �_ Susan Crim, City Secretary APPROVED AS TO CONTENT: Craig, ORDINANCE NO. 1060 , PAGE 16 OF 16