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HomeMy WebLinkAbout1320 04-14-1998ORDNANCE NO. 1320 AN ORDNANCE AMENDING CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED, BY AMENDING SECTION 84 -102 "R -1 SINGLE FAMILY DETACHED DWELLING DISTRICT" AND SECTION 84 -103 "R -1L SINGLE FAMILY LIMITED DWELLING DISTRICT" TO PROHIBIT DRAINAGE OBSTRUCTIONS N SIDE YARDS OF LESS THAN SEVEN FEET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Planning and Zoning Commission has conducted a public hearing on March 17, 1998, in conjunction with case number PZ -98 -02 and has rendered a recommendation on this case to the City Council; WHEREAS the City Council has conducted a public hearing on April 14, 1998, 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; WHEREAS proper surface drainage is necessary to maintain public health, safety, and general welfare; WHEREAS side yard areas are frequently an integral part of the surface drainage of small single family lots; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TARRANT COUNTY, TEXAS: SECTION I THAT Section 84 -102 "R -1 Single Family Detached Dwelling District" be amended by adding to (c)(6) the following: C. No permanent fixture, including but not limited to air conditioner condensing units, shall be placed in side yards of less than 7 feet unless permission therefore shall have been obtained from the Planning and Development Department of the City of Euless. SECTION II THAT Section 84 -103 "RAL Single Family Limited Dwelling District" be amended by adding to (c)(7) the following: C. No permanent fixture, including but not limited to air conditioner condensing units, shall be placed in side yards of less than 7 feet unless permission therefore shall have been obtained from the Planning and Development Department of the City of Euless. 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, (- Lauses, 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 - THAT 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 $2,000 for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION VII 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 the fourteenth day of April; by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: L. 94:z' 2L-Az� Mary Lib $aleh, Mayor ORDINANCE NO. 1320, PAGE 2 ATTEST: Susan :,rim,,- -C C, City Secretary TO ob Mclarland, City Attorney ORDINANCE NO. 1324, PAGE 3