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HomeMy WebLinkAbout1235 06-10-1997ORDINANCE NO. 1235 AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED; BY AMENDING SECTION 84 -84 "PERMITTED USE TABLE ", TABLE 4 -A "PERMITTED PRIMARY USES," RELATIVE TO GASOLINE AND SERVICE STATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council approved Ordinance 1228 on November 12, 1997 allowing automotive services in the C -2 zoning district only after a Specific Use Permit has been issued; WHEREAS, it is the intent of the City Council to require Specific Use Permits for all automotive repair facilities that may locate within the C -2 zoning district; WHEREAS, service stations with garages and mechanics delivering automotive repair services were unintentionally excluded from Ordinance number 1228; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TARRANT COUNTY, TEXAS: SECTION I THAT Section 84 -84. Permitted uses table, Table 4 -A. Permitted Primary Uses, be amended by removing from the "Special Conditions Section 84 -85" column, conditions "r, u" from [SIC Code 5541] Gasoline and service stations. SECTION II THAT Section 84 -84. Permitted uses table, Table 4 -A. Permitted Primary Uses, be amended by replacing, in the Primary Use column, the description for [SIC Code 55411 from Gasoline and service stations to Gasoline sales. SECTION 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV SAVINGS CLAUSE. That Chapter 84 of 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. SECTION V PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION VI 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 AND FINAL READING and approved at a regular meeting of the Euless City Council on the 10th day of June, 1997; by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib Sbleh, Mayor ATTEST: Susan Crim, C C, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney