HomeMy WebLinkAbout1338 12-08-1998ORDINANCE NO. 1338
AN ORDINANCE AMENDING CHAPTER 84• "UNIFIED DEVELOPMENT CODE"
OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS
AMENDED, BY AMENDING SUBSECTION (i) "LIGHTING" OF SECTION 84 -201
"OFF STREET PARKING" TO MODIFY FIXTURE MATERIALS AND
REPLACEMENT REQUIREMENTS; 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 August 18,
1998, in conjunction with case number 98 -05 -UDC and has rendered a recommendation on this
case to the City Council;
WHEREAS the City Council has conducted a public hearing on September 8, 1998, has
considered the recommendation of the Planning and Zoning Commission, and has determined
that the proposed change is in the best interests of and promotes the general welfare of the
citizens of City of Euless;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TARRANT COUNTY, TEXAS:
SECTION I
THAT paragraph (6) "Fixtures" of Subsection (i) "Lighting" of Section 84 -201 "Off Street Parking"
of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless,
Texas, as amended by Ordinance 1326, be hereby amended to be read as follows:
(6) Fixtures - Parking and site lighting fixtures including poles shall be compatible in color and
design with the largest occupiable building. Lighting fixtures can be mounted on new and existing
poles and structures for purposes of meeting the requirements of this Section, with the stipulations
below.
All parking lot or site lighting fixtures which are installed on poles after the effective date of this
ordinance must be placed on metal poles.
Properties with townhome, mobile home, or multi - family apartment uses, or which are in TH, MH,
R -3, R-4, or R -5 zoning categories: Poles made of materials other than metal which are used for
parking or site lighting as of the effective date of this ordinance are allowed to remain and can be
used to meet the requirements of this Section.
Properties with commercial or industrial uses, or which are in TX -10, TX -121, C -1, C -2, LI, 1 -1, or I-
2 zoning: Wood poles may not be used for parking lot or site lighting. Poles made of materials
other than metal which are used for parking or site lighting as of the effective date of this
ordinance must be removed by December 31, 2003. Their replacement with metal poles is
encouraged.
Appurtenances must be placed underground for all parking and site lighting fixtures and poles that
are installed after the effective date of this ordinance.
Cutoff and semicutoff design fixtures are not mandated, but may be required in some cases if the
Director of Planning and Development or designee determines that other fixture types will result in
light trespass in violation of this section.
All lighting required by this Section shall be controlled by a photo cell or seasonally- adjusted timer
switch.
Each lighting fixture must be in good working order at all times on all properties in the City of
Euless, whether or not other conditions and /or restrictions of this Section apply to the property.
SECTION 11
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 III
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 IV
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 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 PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless
City Council on the eighth day of December, 1998; by a vote of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
� f.
Mary Lil aleh, Mayor
ATTEST;_
usan Crim, 04111"IC, City Secretary
APP
Bob McFarland, City Attorney
ORDINANCE NO. 1338, PAGE 2 OF 3