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HomeMy WebLinkAbout1692 05-31-2005ORDINANCE NO. 1692 AN ORDINANCE AMENDING SECTIONS 84 -7 "DEFINITIONS AND WORD USAGE" AND 84 -84 "PERMITTED USES TABLE" OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED; PROVIDING A DEFINITION OF A "TEMPORARY STRUCTURE ", REGULATIONS FOR USE THEREOF AND PERMANENT REQUIREMENTS; ADDING A NEW SECTION 30 -7 "TEMPORARY STRUCTURES" OF CHAPTER 30 "FEES "; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Euless has adopted the 2003 International Building Codes which contain regulations governing the use of temporary structures throughout the city; and, WHEREAS, there is practical benefit to adopt regulations governing use of temporary structures in Chapter 84 Unified Development Code; and, WHEREAS, the City Council of the City of Euless, Texas, after study, finds and determines that the following regulations for use of temporary structures within the City will promote the health, safety and general welfare of the citizens of the City of Euless. Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I THAT Section 84 -7, "Definitions and word usage" of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended to add the following new definition at the appropriate alphabetical place in said section: Structure, temporary means a building, not to exceed 500 sq. ft., used as a sales or construction management office, associated with an active development on platted property, and may only be allowed if a building permit has been issued for permanent construction on said property, or an application therefor has been submitted and is under review. A HUD — Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this section. SECTION 11 THAT Section 84 -84 " Permitted use table" of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended, by the addition of a new paragraph (7), which new paragraph (7) shall hereafter be and read as follows: (7) Temporary structures. The Building Official may approve a permit for a temporary structure. Such temporary structures are typically associated with an active development on platted property, for which a building permit for permanent construction on said property has been issued, or an application therefor has been submitted and is under review. A HUD -Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this Chapter. a. Permit required. Temporary structures may be permitted provided a temporary structure permit is first obtained from the Building Official or his designee. b. Effective period. A temporary structure may be used only during actual construction, for a period not to exceed two (2) years. Separate approval may be considered by the Building Official if actual construction exceeds two (2) years. c. Restrictions and requirements. 1. Two (2) site plan drawings shall be submitted; 2. All setback requirements and easement restrictions must be followed. The facility shall comply with all TAS requirements for ADA (i.e. ramps, door knobs, etc_); 3. Must have ground anchors every ten (10) foot along length of structure; 4. Structure shall have skirting around entire perimeter of trailer to conceal undercarriage and be properly landscaped; 5. A temporary three (3) foot wide sidewalk is required from the structure to the curb; 6. The structure must be kept clean and free of trash and debris at all times; 7. No outside storage or other buildings shall be placed on lot; 8. Plans shall be approved by the building official or his designee; 9. If water and sewer are connected, inspections are required and all contractors shall be registered; 10. The contractor agrees to move the structure within 30 days upon request from the building official due to complaints; 11. The temporary structure shall be removed prior to the final Certificate of Occupancy being issued or final inspection performed. Ordinance No. 1692, Page 2 of 3 SECTION III THAT Section 30 "Fees" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended, by the addition of a new Subsection 30 -7 "Temporary Structure Permit ", which shall hereafter be and read as follows: Sec. 30-7 Temporary Structure Permit Permit .................... ............................... $100.00 (cross reference — permit for temporary structure required per Section 84 -84 (7)) SECTION IV 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. SECTION V SAVING CLAUSE. That Chapters 84 and 30 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 VI 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 AND FINAL READING and approved at a regular meeting of the Euless City Council on the 31" day of May, 2005, by a vote of 7 o nays and 0_ abstentions. APPROVED: Mary Lib ate Ma � or Y ATTEST: usan Crim, MC, City Secretary Ordinance No. 1692, Page 3 of 3 APP VED AS- O FO Bob arland, ity C A orney