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HomeMy WebLinkAbout1536 09-10-2002ORDINANCE NO. 1536 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE ", ARTICLE V, "OFF- STREET PARKING, LOADING AND DRIVEWAY STANDARDS, SECTION 84- 201(h)(8) "REQUIRED PARKING FOR ONE- AND TWO- FAMILY DWELLINGS"; PROVIDING FOR A SEVERABILITY CLAUSE, PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on August 20, 2002, in conjunction with Case No. 02 -07 -UDC, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, the City Council has conducted a public hearing on August 27, 2002, 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,TEXAS: SECTION 1 That subsection (h) (8) entitled "Required parking for one- and two- family dwellings" of Section 84 -201 entitled "Off- Street Parking " of Chapter 84, Unified Development Code, of the Code of Ordinances of the City of Euless, as amended, be and the same is hereby amended to read as follows: (h) Design standards (8) Required parking for one- and two - family dwellings (a) NEW CONSTRUCTION — All required off -street parking serving new one- or two - family dwellings shall be covered with a garage, a carport or combination thereof. The covered parking shall be located behind any applicable building line and in no instance less than 20 feet from the street or alley right -of -way line the required parking is accessed from except RAC (single - family custom dwelling district). Covered parking for the RAC is required to be located to the rear of the lot behind any applicable building line and shall not be located less than 40 feet from the street right -of -way line the required parking is accessed from. No more than 50 percent of the total street yard shall be paved. (b) Garages which have had one or more of the vehicle parking areas permanently enclosed are permitted only in R -1 (single - family detached dwelling district). Two concrete paved parking spaces must be provided when enclosing a one- or two -car garage. SECTION 2 SEVERABILITY 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 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 4 EFFECTIVE 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 READING at a regular meeting of the Euless City Council on August 27, 2002, by a vote of 4 ayes, 3 nays, and 0 abstentions. PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular meeting of the Euless City Council on September 10, 2002, by a vote of 4 ayes, 3 nays, and 0 abstentions. APPROVED: APPROVED AS TO FORM: 'Vag Mary Lib Sa, , Mayor o cFarland, City Attorney ATTEST: _ §u-an Cram CMC, City Secretary Ordinance No. 1536, Page 2 of 2