HomeMy WebLinkAbout1609 10-28-2003ORDINANCE NO. 1609
AN ORDINANCE AMENDING "TABLE 4 -A PERMITTED PRIMARY USES"
AND "EXHIBIT A "TX -121" 121 GATEWAY DISTRICT USE TABLE ", OF
SECTION 84-84, "PERMITTED USES TABLE ", AND SECTION 84 -85,
"SPECIAL CONDITIONS BY USE TYPE ", OF CHAPTER 84, OF "THE
UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF
THE CITY OF EULESS, TEXAS, TO ALLOW CHURCHES AND OTHER
PLACES OF WORSHIP AS PERMITTED USES IN RESIDENTIAL ZONING
DISTRICTS; ESTABLISHING MINIMUM AND MAXIMUM LOT SIZE AND
SINGLE STORY AND MAXIMUM HEIGHT REQUIREMENTS FOR
CHURCHES AND OTHER PLACES OF WORSHIP IN SINGLE FAMILY
AND DUPLEX RESIDENTIAL ZONING DISTRICTS; CLARIFYING AND
UNIFYING USE RESTRICTIONS FOR CERTAIN ASSEMBLY USES;
PROSCRIBING CERTAIN USES WITHIN C -1 ZONING DISTRICTS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, has undertaken a comprehensive
review of its Uniform Development Code and the City's zoning district master plan; and
WHEREAS, pursuant to such ongoing, comprehensive review, numerous changes have
been made to the Unified Development Code and the city's master plan; and
WHEREAS, the City Council desires to further amend such Unified Development Code to
allow churches and other places of worship as a matter of right within certain residentially
zoned districts and to further clarify and make uniform the Unified Development Code's
provisions regarding other assembly uses and that such amended regulations will promote
the health, safety and welfare of the citizens of the City of Euless; and
WHEREAS, the Planning and Zoning Commission has conducted a public hearing on
October 21, 2003, in conjunction with Case No. 03 -02 -UDC, and has rendered a
recommendation to the City Council with respect to this case; and
WHEREAS, the City Council has conducted a public hearing on October 28, 2003,
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
Those SIC Codes in Table 4 -A entitled "Permitted Primary Uses" of Section 84 -84 of
Chapter 84, "Unified Development Code" of the Code of Ordinances of the City of Euless,
Texas, shown on the following pages are amended to hereafter be and read as follows:
Table 4 -A
"Permitted Primary Uses"
Ordinance 1609, Page 2 of 4
Special
Condition
R -3
Parking
s Sec 84-
SIC Code
Primary Use
RAC
R -1
R -11-
R -1A
R -2
(TH)
R-4
R -5
MH
C -1
C -2
TX -10
LI
1 -1
1 -2
Group
85
Vocational and correspondence
8241
Schools
S
S
S
S
S
16
Other schools and educational
8299
services
S
S
S
S
S
16
Museums, galleries, zoos and
84"
botanical gardens
S
S
S
S
S
9
Non profit private membership
86`"
organizations
S
S
S
S
S
8
Churches and other places of
8661
worship
P
P
P
P
P
P
P
P
S
S
S
S
S
23
c -1
7832
Motion picture theaters (general)
S
S
S
S
I S
23
7833
Motion picture theaters (drive -in)
S
S
S
S
S
6
791`
Dance halls, studios and schools
S
S
S
S
S
8
793' lBowling
centers
S
S
S
S
S
26
Ordinance 1609, Page 2 of 4
SECTION 2
Those SIC Codes in Exhibit A entitled "TX -121" GATEWAY DISTRICT USE TABLE" of
Section 84 -84 of Chapter 84, "Unified Development Code" of the Code of Ordinances of the
City of Euless, Texas, shown below are amended to hereafter be and read as follows:
SIC Primary Use Parking Group
Code Table 5 -A
8412 Museums, Galleries S 9
8422 Botanical Gardens S 9
8661 Churches and
Other Places of
Worship S 23
86" Nonprofit Private
Membership
Organizations S 8
7832 Motion Picture
Theaters
(Except drive in) S 23
7911 Dance Halls
and Clubs S 8
7911 Dance Studios
and Schools S 8
793' Bowling Centers S 26
7997 Membership Sports
and Recreation Clubs S 6
SECTION 3
Special
Condition
Sec. 84 -85
Sec. 84 -85 entitled "Special conditions by use type." of Chapter 84, "Unified Development
Code" of the Code of Ordinances of the City of Euless, Texas is hereby amended by the
addition of a new subsection (c -1) between subsections (c) entitled "Automobile service
centers." and (d) entitled "Colleges, universities and professional schools." to be and read
as follows:
"(c -1) Churches and other places of worship. Churches and other places of
worship located on land zoned for one - family or two- family dwelling purposes
shall be located on a lot of not less than fifty thousand (50,000) square feet and
Ordinance 1609, Page 3 of 4
not more than five (5) acres and any structure thereon, other than an
accessory building, that is located within twenty -five (25) feet of land zoned for
one - family or two- family dwelling purposes shall be limited to a single story in
height with a maximum height of thirty -five (35) feet provided all front, side and
rear yards required are increased an additional one (1) foot for each vertical
foot the building exceeds twenty -five (25) feet in height."
SECTION 4
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 5
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 6
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 7
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 AND
Euless City Council on the 28`" day of October,
and 0 abstentions.
APPROVED:
Mary Lib S leh, Mayor
ATTEST:
an Crim, q ity Secretary
Ordinance 1609, Page 4 of 4
FINAL READING at a regular meeting of the
2003, by a vote of 7 ayes, 0 nays,
Ai egg 11 We