HomeMy WebLinkAbout1341 12-08-1998ORDINANCE NO. 1341
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF EULESS, TEXAS, CHAPTER 84, "UNIFIED
DEVELOPMENT CODE" TO PROVIDE FOR THE TERMINATION
OF NONCONFORMING USES AND STRUCTURES BY THE
ZONING BOARD OF ADJUSTMENT THROUGH A PLAN OF
AMORTIZATION BY THE ADDITION OF A NEW SECTION
84-59; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Euless that nonconforming uses and
structures shall be eventually discontinued and the use of such premises shall be
required to conform to the city's then zoning regulations; and
WHEREAS, the City of Euless in the exercise of its police powers has the
authority to terminate existing property uses rendered nonconforming under zoning
regulation through a plan whereby full value of the structure or use can be amortized
within a definite period of time; and
WHEREAS, the City Council of the City of Euless desires to amend its Uniform
Development Code to specifically authorize such termination of nonconforming uses
and structures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
That ARTICLE III., Entitled: "NONCONFORMANCE" of Chapter 84, "Unified
Development Code" of the Code of Ordinances of the City of Euless, Texas, as
amended, is herewith and hereby amended by the addition of a new Section 84 -59 to
be entitled, and to be and read as follows:
"Sec. 84 -59 Amortization of nonconforming uses.
(a) The board upon the request of the city or the owner of
property which is a nonconforming use shall initiate an action
to bring about the discontinuance of the nonconforming use by
a date certain.
(b) The board shall conduct a hearing for the purpose of
determining a date certain for termination of the
nonconforming use or structure with respect to the property.
If such action is initiated by the city prior notice of such
hearing shall be given to the property owner.
(c) The date established for termination of the
nonconforming use or structure is to give the property owner
an opportunity to recover its investment in the nonconforming
structure or use from the time such property or structure
became nonconforming.
(d) The board shall measure the reasonableness of the
opportunity for recoupment of the property owner's investment
by conditions existing at the time such use or structure became
nonconforming.
(e) The following factors must be considered by the board in
determining a reasonable amortization period:
(i) The owner's capital investment in structures, fixed
equipment, and other assets (excluding inventory and
other assets that may be feasibly transferred to another
site) made on the property before the time the use
became nonconforming. Costs of replacements,
improvements or additions made after the property
became nonconforming shall not be included.
(ii) Any costs that are directly attributable to the
establishment of a compliance date, including demolition
expenses, relocation expenses, termination of leases, and
discharge of mortgages.
(iii) Any return on investment since inception of the
use, including net income and depreciation.
(iv) Recovery of investment, including net income and
depreciation.
(v) General character of the neighborhood in proximity
to the nonconforming use and the necessity for all
property within the city of Euless to conform to the
regulations of the Unified Development Control
Document of the City of Euless.
(f) Once the board establishes a compliance date for a
nonconforming use, the use must cease operations on that date
and it may not operate thereafter unless it becomes a
conforming use."
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 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.
ORDINANCE NO. 1341 PAGE 2
III.
Saving Clause. That Chapter 84, also known as the Euless Unified Development
Code, 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.
IV.
Penalty 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.
1�
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 8th day of December 1998; by a vote
of 7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib S eh, Mayor
ATTEST:
A1�11
usan Crim, MC, City Secretary
APPROVED AS TO FORM:
ob cFarland, ity Attorney
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ORDINANCE NO. 1341 PAGE 3