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HomeMy WebLinkAbout1443 09-26-2000ORDINANCE1433 AN ORDINANCE AMENDING SECTION, 84-336 ENTITLED "SCRIEENING REQUIREMENTS" OF THE UNIFIED DEVEL®PMEEP,1Ti CODE OF THE CITY OF EULESS, TEXAS, AS AMENDED; SY ANJENDING SUB-SECTION (e) THEREOF ENTITLED "TRASH COLLECTION AREAS OTHER THAN SINGLE - FAMILY OR TWO- FAMILY USES PROVIDIHG A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A PIEL,9ALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS the City of Euless recognize that masonry wall enclosures and screening of refuse /recycling collection areas is preferable to other wall materials allowed in current ordinances due to the durability, longevity and aesthetic appearance of masonry materials, and WHEREAS current ordinance provisions do not specifically mandate masonry be used exclusively as wall material for enclosure. NOW, THEREFORE, BE IT ORDAINED BY TIME CITY COUNCIL OF THE CITY OF EULESS, TEXAS. SECTION I That, Subsection (e) of Section 84.336, entitled, "Trash collection areas other than single - family or two- family uses ", of Chapter 84 of the Euless Unified Development Code is herewith amended in its entirety to hereafter be and read as follows- "(9) Refuse /RecycIiinvg collection areas other than single -ffam ly or uses. No refuse /recycling collection areas shall be located within the required front or street side -yard or within twenty (20) feet of any property zoned for single family or two family residential purposes. Refuse /recycling collection areas shall be screened from adjacent properties and streets on a minimum of three (3) sides within a masonry wall enclosure meeting the standards of subsection (b)(4) above. Wall height of the masonry enclosure shall be six (6) feet or the height of the proposed refuse /recycling receptacle whichever is greater. If the refuse /recycling receptacle is a dumpster, the dumpster shall be spaced a minimum of two and one -half (21/2) feet from the inside walls of the masonry enclosure, and such spacing shall be maintained by the placement of wheel stops or bollards on all four sides to center and space the dumpster within the enclosure. Such wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the masonry wall enclosure and shall extend not less than twelve (12) feet in front of the enclosure. Such concrete pad shall be paved and reinforced as specified in Section 84 -202 (2), Table 5 -A -1. Significant effort shall be made to orient the unscreened opening of refuse /recycling collection areas away from view of a public street where practical. All refuse /recycling collection areas established from and after the effective date of this amendment shall conform to the requirements of this section." SECTION 2 SEVERAL I)L ITV CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 3 SAVIINGS CLAUSIEHn 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 4 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 accordance with Chapter "General Provisions," Section 1 -12 "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6 DEFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, 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 26th day of September, 2000, by a vote of 6 ayes, 0 nays, and U abstentions. APPROVED: Mary Lib leh, Mayor All TIE,ST: aasan Crim, MC, City Secretary Ordinance No. 1443, Page 2 of 3 .APPROVED ASi TO FORM f