HomeMy WebLinkAbout1440 08-08-2000ORDINANCE NO. 1440
AN ORDINANCE AMENDING SECTION 84 -59
"AMORTIZATION OF NONCONFORMING USES" OF
ARTICLE III "NONCONFORMANCE" OF CHAPTER 84
"UNIFIED DEVELOPMENT CODE" OF THE CODE OF
ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED;
REVISING THE LANGUAGE CONTAINED THEREIN TO
PROVIDE FOR AMORTIZATION AND REMOVAL OF
NONCONFORMING STRUCTURES AS WELL AS
NONCONFORMING USES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas has heretofore enacted regulations
providing for cessation and amortization of certain nonconforming uses within the City; and
WHEREAS, the Euless City Council has found and determined that the public health, safety
and welfare would be best served by including regulations allowing for the amortization and removal
of nonconforming structures from certain property within the City; and
WHEREAS, current ordinance provisions do not specifically mandate the demolition or
other removal of nonconforming structures whose value has been fully amortized under the
regulations contained in the Unified Development Code; and
WHEREAS, the Euless City Council now finds and determines that the following regulations
will adequately provide for the removal of nonconforming structures in certain circumstances; and
will promote the health, safety and general welfare of the citizens of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
That Section 84 -59 "Amortization of nonconforming uses" of ARTICLE III
"NONCONFORMANCE" of Chapter 84 "UNIFIED DEVELOPMENT CODE" of the Euless
Code of Ordinances, as amended, be hereby amended to hereafter be and read as follows:
Sec. 84 -59. Amortization of nonconforming uses and structures.
(a) The board upon the request of the city or the owner of property upon
which is located a nonconforming structure or use shall initiate an action to bring
about the discontinuance of the nonconforming use or the removal of a
nonconforming structure, or both, 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 removal of the nonconforming
structure, or both, 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 removal
of the nonconforming 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 owners 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:
(1) The owners 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, the structure, or both, as applicable, became nonconforming.
Costs of replacements, improvements or additions made after the
structure or use became nonconforming shall not be included.
(2) 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.
(3) Any return on investment since inception of the use, or construction
of the structure, including net income and depreciation.
(4) Recovery of investment, including net income and depreciation.
(5) General character of the neighborhood in proximity to the
nonconforming use or structure and the necessity for all property
within the City of Euless to conform to the regulations of the unified
development code of the City of Euless.
(f) Once the board establishes a compliance date for a nonconforming use, the
use must cease operations on or before that date and it may not operate
thereafter unless it becomes a conforming use.
(g) Once the board establishes a termination date for a nonconforming
structure, the structure must be completely removed from the property by that date,
by demolition or otherwise, and such structure may not be reconstructed or relocated
in any other location in the City where it would not be in conformance with all
provisions of the unified development code then in effect.
II.
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.
III.
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.
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.
APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City
Council on the 8th day of August , 2000; by a vote of 7 ayes, 0 nays and 0
abstentions.
APPROVED:
Mary Lib Sale Mayor
ATTEST:
Susan -Grim, C C, City Secretary
APPROVED AS TO FORM:
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