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HomeMy WebLinkAbout1236 08-26-1997ORDINANCE NO. 1236 AN ORDINANCE AMENDING SUBSECTION (n) "HOME OCCUPATIONS" OF SECTION 84 -85 "SPECIAL CONDITIONS BY USE TYPE" OF CHAPTER 84, "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS; REVISING THE REGULATIONS GOVERNING HOME OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That Subsection (n) "Home Occupations" of Section 84 -85 "Special conditions by use type" of Chapter 84 "UNIFIED DEVELOPMENT CODE" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: (n) Home Occupations. Occupations or activities clearly incidental and subordinate to the use of the premises for dwelling purposes may be conducted within a dwelling unit; provided that: Orders previously made by telephone or at a sales party may be filled on the premises; other merchandise cannot be offered for sale on the premises. 2. Stock in trade or commodities can be maintained if used in the production of a product. 3. Family members residing on the premises can be employees, others not permitted. 4. Advertising, signage, or other exterior identification of the home occupation is not permitted. 5. Exhibits or display of services, goods, wares or merchandise will be permitted on the premises unless they are visible from any private street or public right -of -way, or adjacent property. 6. Equipment may be used unless it creates offensive noises, vibrations, sound, smoke, dust, odors, heat, glare, X -ray, or electrical disturbance to radio or television. 7. Motor vehicles registered to the occupant of the property, may be repaired on site unless it is a racing vehicle. Other motor vehicle repairs are not permitted 8. Home occupations will be conducted within the living portion of the dwelling unit or its garage. Accessory buildings or detached structures shall not be used in conjunction with the home occupation. 9. Customers or clients are allowed only at the dwelling unit from 6:00 o'clock A.M. through 9:00 o'clock P.M. except day care. 10. Day care for compensation is allowed for no more than five (5) children under the age of sixteen (16) years or for no more than two (2) adults or elderly, other than the ward guardian or caretaker's family. 11. Music teaching is allowed for no more than two (2) students at any one time. 12. Traffic generated by the home occupation will not be in greater volume than would normally be expected in a residential neighborhood of like character. 13. Parking of vehicles shall be permitted only in the driveway of the dwelling unit or along the curb immediately adjacent to the premises. 14. Parking for no more than one (1) vehicle, the primary purpose of which is used in support of the home occupancy, may be overnight for a vehicle having a manufacturers rated carrying capacity of one (1) ton or less. Larger vehicles may remain parked for only 2 hours in any 24 hour period. A home based occupation is permitted only as an incidental use and is secondary to the use of the premises as a dwelling. As such, the City Council may, at any time, amend this section to terminate any or all home occupations and home based business uses without creating nonconforming rights to the continuation of a home based business. Il. 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 void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. Hi. Saving 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. Ordinance No. 1236 Page 2 IV. Penatty 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 $2,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. V. 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 and approved at a regular meeting of the Euless City Council on the 26th day of August, 1997; by a vote of 6 ayes, I nay and 0 abstentions. ATTEST: APPROVED: Mary Lib aleh, Mayor 1 �r 01, 1 �t APPROVED AS TO FORM: 01 MEN Ordinance No. 1236 Page 3