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HomeMy WebLinkAbout1764 01-23-2007ORDINANCE NO. 1764 AN ORDINANCE AMENDING CHAPTER 84, "UNIFIED DEVELOPMENT CODE", SECTION 84 -181, "EXTERIOR FAQADE REQUIREMENTS ", OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, IN ITS ENTIRETY; PROVIDING FOR A SEVERABILITY CLAUSE, PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 21, 2006, in conjunction with Case No. 06-02 -UDC, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has opened a public hearing on November 28, 2006, concluded the public hearing on January 9, 2007, 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 Section 84 -181, "Exterior Fagade Requirements ", be amended in its entirety to hereafter be and read as follows: Sec. 84 -181. Exterior Facade Requirements. (a) In order to enhance the overall visual image of the city and to encourage some degree of design consistency, exterior masonry facades on all structures shall be provided as specified in the district site development standard for that particular zoning district. (1) Street facing walls. Street facing walls shall be deemed any exterior wall elevation visible from the street and having an angle of less than 80 degrees from the building line cord. (2) Calculations. In determining t the foundation to the top plate penetrations shall be used. ie wall area, the entire elevation from exclusive of doors, windows and other (3) Acceptable masonry fagade material. Only the following materials shall be considered as meeting the masonry requirements in any zoning district: natural stone, brick, precast concrete panels, true stucco, and /or glazed (common smooth face masonry units or smooth tilt wall surface are specifically prohibited unless used in combination with other types of concrete masonry units, and architectural enhancements on tilt wall, and do not exceed 25 percent of the area covered by concrete masonry units or tilt walls). (4) Exceptions to exterior masonry fagade standards for R -1, R -1C, and R -1L zoning districts. a. Maintaining existing masonry percentage for a remodel or reconstruction of existing residential structures - At the time a building permit application is made, the existing masonry fagade percentage shall be maintained, or exceeded, on the front and side elevations of existing residential structures located in the following zoning districts: R -1, RAC, and R-1 L. An alternative building material, such as fiber cement board, is permissible as an acceptable fagade material when applied to the rear elevation or second story addition to an existing garage. b. Use of alternative building materials for a remodel or reconstruction of existing residential structures - At the time a building permit is issued, an exception for existing residential structures located in the following zoning districts: R- 1, R -1 C, and R -1 L, remodel or reconstruction, may be granted to use an alternative building material, such as fiber cement board, as an acceptable fagade material when applied to the front or side elevation when meeting the following requirements: The Building Official finds that literal enforcement of the masonry requirements will create unnecessary hardship because of extraordinary or exceptional physical condition(s) or situation(s), excluding financial hardship(s), unique to the specific piece of property. Such an exception would be granted based on information provided by a State of Texas registered structural engineer. Exceptions approved by the Building Official shall be in effect for only the structure specifically authorized by the Building Official and shall become null and void should no building permit be issued within 90 days or should the building permit for the specific structure expire. 2. Prior to the Building Official making a determination, all property owners within 200 feet of the applicant's property would be provided written notification regarding the applicant's proposed use of alternative building materials. These property owners are provided the opportunity to contact the Building Official for additional information and, within 15 days of such notice being sent out, to submit in writing to the Director of Planning and Development, a protest to the applicant's request. If a written protest against such a proposal has been received by the Director of Planning and Development from 20 percent or more of the property owners Ordinance No, 1764, Page 2 of 3 receiving notice, the determination to approve the proposal shall be considered by the City Council. 3. The Building Official will provide the applicant written verification of the decision and sent by registered mail or by other means to establish that the applicant is in receipt of the correspondence. 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 the 9th day of January 2007, 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 the 23`d day of January 2007, by a vote of 4 ayes, 2 nays, and o abstentions. APPROVED: APPROVED AS TO FORM: �tfy Lib Saleh, Bob McFarlan , City Attorney ATTEST: §Uis"an Crim, TPWC, City Secretary Ordinance No. 1764, Page 3 of 3