HomeMy WebLinkAbout1697 08-16-2005ORDINANCE NO. 1697
AN ORDINANCE AMENDING CHAPTER 34 "FIRE
PREVENTION AND PROTECTION" OF THE CODE OF
ORDINANCES OF THE CITY OF EULESS, TEXAS, BY
AMENDING SECTION 34 -104 "DISTRICTS" AS
AMENDED; ADJUSTING THE AREAS OF THE CITY
WHERE CERTAIN FLAMMABLE MATERIALS MAY BE
STORED; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Whereas, the City of Euless, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
Whereas, the city wishes to amend Section 34 -104, "Districts" of Article IV,
"Standards" of Chapter 34, "Fire Prevention and Protection ", of the Code of Ordinances
of the City Of Euless, Texas as amended, to adjust the areas where certain flammable
materials may be stored, and the manner of storage;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT certain portions of Section 34 -104 "Districts" of Article IV, "Standards" of
Chapter 34, "Fire Prevention and Protection ", of the Code of Ordinances of the City of
Euless, Texas, be hereby amended to read as follows:
Sec. 34 -104 (1) a. 1. i. be replaced and amended to hereafter be and read as follows:
Installations complying with the provisions of the International Fire Code
Section 2206 as amended and that are in an area zoned as TX -10, C -2, L-
1, 1 -1, 1 -2 or TX -121 zoning district,
Section 34 -104 (1) a. 3. be replaced and amended to hereafter be and read as follows:
3. Other flammable liquids are prohibited in aboveground tanks or in tanks
contained within vaults in the entire City of Euless, except flammable liquids
incidental to a commercial or manufacturing process may be allowed in
outside, aboveground tanks provided the construction, installation, and
placement of the tank and the handling and use of the liquid conforms to the
requirements of the International Fire Code as amended, and other applicable
standards, and further provided that such tanks are located in an area zoned
as a TX -10, C -2, L -1, 1 -1, 1 -2 or TX -121 zoning district, or are within a planned
development district which specifically authorizes such use.
Section 34 -104 (1) b. 1. (ii) be replaced and amended to hereafter be and read as
follows:
(ii) Installations within the limits allowed under the provisions of Section 2206
as amended and complying with the provisions of Section 2206 as
amended provided the installation is in an area classified as TX -10, C -2,
L -1, 1 -1, 1 -2 or TX -121 zoning district or has approval for such installation
as part of a PD zoning district.
Section 34 -104 (1) b. 2. (i) be replaced and amended to hereafter be and read as
follows:
(i) Property located within the following zoning districts: TX -10, C -2, L -1, 1 -1,
1 -2 or TX -121 zoning districts or has approval for such installation as part
of a PD zoning district.
Section 34 -104 (2) b. be replaced in its entirety and amended to hereafter be and read
as follows:
b. Liquefied Petroleum Gas (LPG) is prohibited in the City with the following
exceptions:
1. Residential zoning districts or when specifically approved as part of
a planned development are permitted one tank per lot, not to
exceed 500 WGC (Water Gallon Capacity), for the purposes of
providing gas service to pools, spas or outdoor appliances,
provided natural gas is not available to the site, and provided the
tank complies with the spacing provisions of this code and can be
positioned to be immediately accessible to fire personnel in the
event of an emergency.
2. Commercial /industrial zoning districts, including such uses in the
TX -121 gateway district are permitted tanks of up to an aggregate
amount of 2000 WGC capacity, provided they meet the provisions
of this code. Larger tanks are permitted with a PD or SUP only.
3. LPG tanks installed prior to the effective date of this ordinance that
were in compliance with applicable codes at the time of their
installation are allowed to continue in use. Any tank covered by this
exception may not be replaced with a tank in violation of this
section. New LPG tanks in residential areas, including multifamily,
unless exempted elsewhere in this ordinance, are permitted for
uses external to the structure only.
Section 34 -104 (3) be replaced and amended to hereafter be and read as follows:
(3) The limits referred to in Section 3301.2.3 of the International Fire Code, in
which the storage of explosives and blasting agents is prohibited are
Ordinance No. 1697, Page 2 of 3
established as the entire City except those locations where the storage or use
of materials regulated by Chapter 33 of said International Fire Code are
permitted by zoning ordinances and through the issuance of a permit by the
Fire Department.
Section 34 -104 (6) be replaced and amended to hereafter be and read as follows:
(6) "Limits on Storage of Hazardous Materials - The presence of hazardous
materials in excess of the exempt amounts as defined in the International
Fire Code is prohibited in the entire City except properties located within
commercial /industrial zoning districts, including such uses in the TX -121
gateway district or where specifically authorized in planned development
districts or through an SUP."
SECTION II
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 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, 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 invalid or
unconstitutional phrase.
SECTION III
THAT Chapter 34 of the Euless Code of Ordinances as amended, shall remain in
full force and effect, save and except as amended by this ordinance.
SECTION IV
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 FINAL READING at regular
meeting of the Euless City Council on the 16"' day of August, 2005, by a vote of 7
ayes, 0 nays, and 0 abstentions.
APPROVED: APPROV D AS -T
Mary Lib Sal0h; Mayor ob arland, City Attorney
ATTESI
Susa Crim, MC, City Secretary
Ordinance No. 1697, Page 3 of 3