HomeMy WebLinkAbout1833 10-28-2008ORDINANCE NO. 1833
AN ORDINANCE OF THE CITY OF EULESS AMENDING CHAPTER 84
"UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES
OF THE CITY OF EULESS, TEXAS, RELATING TO THE REGULATION
OF INDIVIDUALS WITH DISABILITIES RESIDING IN PAROLEE -
PROBATIONERS HOMES AND RESIDENTIAL CARE FACILITIES,
DEFINING TRANSIENT DWELLINGS AND PROVIDING FOR A
REASONABLE ACCOMMODATION REQUEST PROCESS; BY
AMENDING SECTION 84 -84, "PERMITTED USES TABLE," TABLE 4-
A, "PERMITTED PRIMARY USES;" AMENDING SECTION 84 -85,
"SPECIAL CONDITIONS BY USE TYPE," BY ADDING SUBSECTION
(aj), "TRANSIENT DWELLINGS "; PROVIDING A SEVERABILITY
CLAUSE; REPEALING ORDINANCE PROVISIONS IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the primary purpose of local land use regulation is to promote the
health, safety, and the general welfare and morals of the City and its present and future
residents; and
WHEREAS, the adoption of land use regulations is a fundamental function of
local government; and
WHEREAS, a function of zoning and land use regulation is to separate
incompatible uses as much as is reasonably practical so as to protect and preserve
residential areas from the intrusion of essentially non - residential uses, for example; and
WHEREAS, the City Council has conducted a public hearing on October 28,
2008, 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; and,
WHEREAS, the City Council makes the following legislative findings in
conjunction with this Ordinance:
1. The City recognizes and agrees that the federal Fair Housing Act and Fair
Housing Act Amendments, the Americans with Disabilities Act, and other
federal laws provide protections for persons with disabilities. These laws,
however, do not preempt local land use regulatory authority and the City
may adopt, pursuant to its police power, reasonable land use regulations
to protect the public health, safety and the general welfare and morals,
which are consistent with federal and state law, including, but not limited
to, those regulations specifically authorized by Chapter 244 of the Texas
Local Government Code.
2. The City recognizes and agrees that a person who has a physical or
mental impairment that substantially limits one or more major life activities,
a person who is regarded as having that type of impairment, or a person
who has a record of that type of impairment can be considered disabled
for the purposes of applying the protections accorded the disabled under
applicable fair housing and disability laws, and that drug and /or alcohol
addiction can constitute a protected mental or physical disability.
3. Chemical dependency treatment facilities, regardless of whether those
facilities are regulated by Chapter 464 of the Texas Health and Safety
Code, necessarily concentrate persons with alcohol and drug addictions in
one place for the purpose of administering treatment.
4. Just as treatment facilities for medical diseases and conditions and
physical impairments can be institutional in character, so too can
treatment facilities for chemical addiction, which can be an incompatible
use in a single - family residential setting when the treatment facility also
serves as a group residence.
5. So- called "sober living homes" where persons in the residence agree to
stay "clean and sober" during their residency and where the persons in the
residence act as a single housekeeping unit, that is, they act as the
functional equivalent of a family where they jointly occupy a single
dwelling unit, including the joint use of and responsibility for common
areas, and share household activities and responsibilities such as meals,
chores, household maintenance, and expenses, can be a compatible use
in single - family zoned areas.
6. Where, however, there is evidence of a high degree of transiency among
persons living in so- called "sober living homes" (either due to the failure of
the occupant to comply with the sober living requirement, the successful
completion of the program, or the occupant's choice simply to leave the
program), the fundamental character of the use of the property is no
longer compatible with a traditional single - family residential setting where
transiency of occupants is limited in nature.
7. The fundamental precept of single - family zoned districts is that individual
dwelling units are intended for the occupancy and use of single
housekeeping units of any size and makeup, subject to reasonable density
and other health and safety regulations. Accordingly, non - single - family
uses such as rooming houses, hotels, dormitories, etc. are prohibited in
single - family districts, regardless of whether they also provide treatment to
the disabled, because they are often transient in nature and are an
inherently incompatible use in such districts.
Ordinance No. 1833, Page 2 of 18
8. The City has received evidence that at least one so- called "sober living
home" is located in the City in a single - family zoned district and that it
operates more like an institutional boarding house than as a single
housekeeping unit due to the turnover of occupants since the home was
converted to use as a residential treatment facility.
9. The City has also received a request for a reasonable accommodation
from the so- called "sober living home," but the nature and scope of the
request for reasonable accommodation is unclear. The City does not
currently have a formal process to evaluate and grant or deny requests for
reasonable accommodation. Therefore, the City recognizes the need to
implement a formal reasonable accommodation procedure whereby it can
objectively evaluate, based on information provided by the applicant,
whether a request for reasonable accommodation is appropriate in order
to provide equal housing opportunities for the disabled, as the City is
required under the law.
10. To ensure that the City complies with federal and state law, the proposed
ordinance contains standards and procedures for considering reasonable
accommodation requests to its land use regulations when needed to
provide an individual with a disability an equal opportunity to use and
enjoy a dwelling, where such accommodation does not cause undue
financial or administrative burden or does not result in a fundamental
alteration of the City's land use regulations, as those terms are defined by
the applicable law.
11. The City is also aware of pending litigation against another Texas city
where a parolee - probationer home for between 40 and 60 residents is
attempting to locate in a residential area. The City does not currently
adequately address the regulation of such facilities and recognizes the
need to provide adequate safeguards so that incompatible institutional
facilities do not locate in single - family districts.
12. Community corrections facilities, regardless of whether those facilities are
regulated by Chapter 509 of the Texas Government Code, necessarily
concentrate persons convicted of violent crimes, property crimes and drug
crimes in one place for the purpose of providing counseling in a group
residential setting.
13. According to a report entitled, "Parole, Desistance from Crime, and
Community Integration," by the Committee on Community Supervision and
Desistance from Crime, the Committee on Law and Justice and the
Division of Behavioral and Social Sciences and Education of the National
Research Council of the National Academies:
Ordinance No. 1833, Page 3 of 18
(a) Every year, approximately 600,000 people are released from
prisons in the United States;
(b) Of these, approximately 480,000 are subject to parole or some
other kind of post - release supervision;
(c) The peak rates of committing a new crime or violating the terms of
parole occur in the first days, weeks, and months after release;
(d) Supervised release programs show some efficacy in reducing
recidivism;
(e) Such programs can include intensive pre- and post - release
counseling, immediate enrollment in drug treatment programs,
intense parole supervision, job placement assistance, short -term
halfway houses, mentoring, and other assistance in reintegrating
into society,
(f) On average, even with cognitive behavioral treatment, 45 percent
of all offenders will recidivate.
14. According to a study entitled, "The Contribution of Ex- Prisoners to Crime
Rates" by Richard Rosenfeld, Joel Wallman and Robert Fornango, 2005:
(a) The study uses a sample of 30,431 cases, weighted to represent a
population of 243,334 prisoners from 13 states (including Texas).
(b) "The outcome variables in the study are the number of arrests for
violent, property and drug crimes during 1- and 3 -year periods
following release. Following standard Uniform Crime Reports crime
classifications, violent crimes include homicide, rape and other
sexual assaults, robbery, and aggravated assault. Property crimes
include burglary, larceny, and auto theft. Drug crimes include drug
possession, drug trafficking, and other illicit drug offenses."
(c) "Released prisoners have arrest rates between 18 and 26 times
those of the general population of adults." ... "There is no question
that, regardless of race, ex- prisoners pose a substantially elevated
risk to the communities in which they are released, as measured by
crimes per capita." ... "All else equal, the lower the general
population's crime rate, the greater will be the crime attributable to
ex- prisoners."
(d) Between 1994 and 2001, "the fraction of arrests attributable to
released prisoners had nearly doubled for violent and property
crimes and increased by a third for drug crimes."
Ordinance No. 1833, Page 4 of 18
15. Because recidivism rates remain at approximately 45 percent even with
the benefit of post - release cognitive behavioral treatment, so- called
"halfway houses," which necessarily concentrate individuals convicted of
violent, property or drug crimes in one location, can pose a danger to the
inhabitants of single or multi - family zoned districts due to the increased
arrest rates of released prisoners compared to the general population.
16. Because so- called "halfway houses" for released prisoners are likely to be
institutional in nature, on account of the intensive counseling programs,
drug treatment and testing programs and intense parole supervision, this
use is inherently incompatible with single - family or multi - family residential
districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT, Section 84 -84, "Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," "Primary Use" section, "Residential Accommodations," of Chapter 84 "Unified
Development Code" of the Code of Ordinances of the City of Euless, Texas, be
amended by the addition of the following new primary use category:
(7021) Group Residential
SECTION 2
THAT, Section 84 -84, "Permitted Uses Table," Table 4 -A, "'Permitted Primary
Uses," "Primary Use" section, "Institutional and Educational Facilities," of Chapter 84
"Unified Development Code" of the Code of. Ordinances of the City of Euless, Texas, be
amended by the addition of the following new primary use categories:
(8361) Integral Facilities
(8361) Residential Care Facility
(8399) Parolee- Probation Home
SECTION 3
THAT, Section 84 -84, "Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City
of Euless, Texas, be amended by amending the column, "Table 5A Parking Group,"
from "(1)" to "(2)" for the following item:
(7021) Rooming and Boarding House
Ordinance No. 1833, Page 5 of 18
SECTION 4
THAT, Section 84 -84, "Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City
of Euless, Texas, be amended by adding "(2)" to the column, "Table 5A Parking Group,"
for the following items:
(7021) Group Residential
(8361) Integral Facilities
(8361) Residential Care Facility
(8399) Parolee- Probation Home
SECTION 5
THAT, Section 84 -84, "Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City
of Euless, Texas, be amended by adding "(aj)" to the column, "Special Condition
Section 84 -85," for the following items:
(0000) Single- family dwellings (detached)
(0000) Single- family dwellings (attached)
(0000) Single- family dwellings (townhouse)
(7021) Group Residential
(8361) Integral Facilities
(8361) Residential Care Facility
(8399) Parolee- Probation Home
SECTION 6
THAT, Section 84 -84, Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City
of Euless, Texas, be amended in the following manner to establish which uses are
either permitted by right "P ", or permitted after obtaining a Specific Use Permit "S ", for
the following items:
(7021) Group Residential requires an "S" in the following zoning districts: R -3,
R-4, and R -5
Ordinance No. 1833, Page 6 of 18
(8361) Integral Facilities requires an "S" in the following zoning districts: R -3, R-
4, and R -5
(8361) Residential Care Facility requires an "S" in the following zoning districts:
R -3, R -4, and R -5
(8399) Parolee- Probation Home requires an "S" in the following zoning districts..
C -2, TX -10, LI, 1 -1, and 1 -2
SECTION 7
THAT, Section 84 -85, "Special Conditions by Use Type," of Chapter 84 "Unified
Development Code" of the Code of Ordinances of the City of Euless, Texas, be
amended by the addition of a new subsection, (aj) "Transient Dwellings," to hereafter be
and read as follows:
(aj) Transient Dwellings. Specifically, notwithstanding any other provision of
this ordinance, transient dwellings, when such are permitted by federal law
and the laws of the State of Texas, shall be regulated and governed by the
following use regulations and requirements:
(1) For purpose of this section the following words and phrases are
defined as follows:
"bedroom" means an enclosed space in a structure that is designed
such that it could be used for sleeping purposes and meets the
room dimension requirements of the most recent edition of the
Uniform Building Code, is not accessed directly from the garage,
and has one or more windows.
"block" means a tract of land bounded by streets, public parks,
railroad rights -of -way, shorelines of waterways or corporate limits.
"boarding or rooming house" means an establishment, other than
eleemosynary or other nonprofit institution, primarily engaged in
renting rooms, with or without board, on a fee basis, to four or more
persons not related by blood, marriage, or adoption."
"disability, alcohol or drug dependence" means a person is
considered disabled due to alcohol or drug dependence if they
meet the definition of disability, generally and the person is unable
to maintain abstinence and recovery in an available independent
living situation. A person with an alcohol or drug dependence
disability is eligible to reside in a parolee - probationer home or
residential care facility if:
Ordinance No. 1833, Page 7 of IS
a. The person has been diagnosed as suffering from alcohol or
drug dependence;
b. The person has completed a course of alcoholism or drug
dependency treatment in an inpatient or outpatient setting,
C. The person has been determined to be unable to abstain
from alcohol or drugs without continued care in a structured
setting; and
d. Is in need of alcoholism or drug dependency services on an
outpatient basis in addition to the structured group
residential setting of a parolee - probationer home or
residential care facility.
"disability, generally" means as more specifically defined under the
fair housing laws, a person who has a physical or mental
impairment that substantially limits one or more major life activities,
a person who is regarded as having that type of impairment, or a
person who has a record of that type of impairment, not including
current, illegal use of a controlled substance.
"fair housing laws" means the Federal Fair Housing Act, the
Americans with Disabilities Act, and the Texas Fair Housing Act, as
each Act may be amended from time to time, and each Act's
implementing regulations.
"group residential" means shared living quarters, occupied by two
or more persons not living together as a single housekeeping unit.
This classification includes, without limitation, boarding or rooming
houses, dormitories, fraternities, sororities, and private residential
clubs, but excludes residential care facilities (general, small
licensed, and small unlicensed) and residential hotels.
"individual with a disability' means an individual who meets the
definition of disability under the fair housing laws.
"integral facilities" means any combination of two or more
residential care facilities that may or may not be located on the
same or contiguous parcels of land, that are under the control and
management of the same owner, operator, management company
or licensee or any affiliate of any of them, and are integrated
components of one operation shall be referred to as integral
facilities and shall be considered one facility for purposes of
applying federal, state and local laws to its operation. Examples of
such integral facilities include, but are not limited to, the provision of
housing in one facility and recovery programming, treatment,
Ordinance No. 1833, Page 8 of 18
meals, or any other service or services to program participants in
another facility or facilities or by assigning staff or a consultant or
consultants to provide services to the same program participants in
more than one licensed or unlicensed facility.
"integral uses" means any two or more licensed or unlicensed
residential care programs commonly administered by the same
owner, operator, management company or licensee, or any affiliate
of any of them, in a manner in which participants in two or more
care programs participate simultaneously in any care or recovery
activities so commonly administered. Any such integral use shall
be considered one use for purposes of applying federal, state and
local laws to its operation.
"parolee - probationer" includes: (i) any individual who has been
convicted of prohibited criminal conduct, and received conditional
and revocable release in the community under the supervision of a
federal parole officer; (ii) any individual who has been convicted of
prohibited criminal conduct, and who is serving a period of parole or
community supervision, as defined in Chapter 42 of the Texas
Code of Criminal Procedure; (iii) an adult or juvenile who has been
found to have engaged in delinquent conduct or conduct indicating
a need for supervision where said conduct would be considered
prohibited criminal conduct, had the adult or juvenile been tried as
an adult, and who is serving a period of parole or other applicable
community supervision; and (iv) any individual who has been
convicted of prohibited criminal conduct and is under the jurisdiction
of any federal, state, or county parole or probation officer.
"parolee- probationer home" means any residential structure or unit,
whether owned and /or operated by an individual or a for - profit,
nonprofit, governmental or non - governmental organization,
regardless of whether it is regulated by Chapter 464 of the Texas
Health and Safety Code, which houses two or more parolees
and/or probationers unrelated by blood, marriage, or legal adoption,
in exchange for monetary or non - monetary consideration given
and/or paid by the parolee — probationer and/or any public or private
entity or person on behalf of a parolee — probationer.
"prohibited criminal conduct" means prohibited criminal conduct
includes those crimes defined as "violent crimes" or "property
crimes" by the Federal Bureau of Investigation's Uniform Crime
Report, 2006, and those crimes defined as "drug- defined offenses"
or "drug- related offenses" by the Bureau of Justice Statistics Drug &
Crime Data Fact Sheet, 1994, for which punishment would be
classified as a felony as set forth in Section 12.04 of the Texas
Penal Code, or for which punishment would be classified as Class
Ordinance No. 1833, Page 9 of 18
A misdemeanor as set forth in Section 12.03 of the Texas Penal
Code.
"residential care facility" means any place, site or building, or group
of places, sites or buildings, regardless of whether it is regulated by
Chapter 464 of the Texas Health and Safety Code, in which five or
more individuals with a disability reside who are not living together
as a single housekeeping unit and in which every person residing in
the facility (excluding facility staff) is an individual with a disability.
A parolee - probationer may not reside in a residential care facility.
"single housekeeping unit" means the functional equivalent of a
traditional family, whose members are an interactive group of
persons jointly occupying a single dwelling unit, including the joint
use of and responsibility for common areas, and sharing household
activities and responsibilities such as meals, chores, household
maintenance, and expenses, and where, if the unit is rented, all
adult residents have chosen to jointly occupy the entire premises of
the dwelling unit, under a single written lease with joint use and
responsibility for the premises, and the makeup of the household
occupying the unit is determined by the residents of the unit rather
than the landlord or property manager.
"transient dwelling" means a single - family attached, single - family
cluster, single - family detached, single - family manufactured, single -
family townhouse or zero lot line dwelling, as those terms are
defined herein, which is used as a transient dwelling. A dwelling
shall be considered a transient dwelling:
a. If the dwelling is not a single housekeeping unit, and is
operated or used in such a way that it has a turnover in
occupancy of more than six times in any continuous twelve
(12) month period, it shall create a rebuttable presumption
that such dwelling is a transient dwelling.
(2) Reasonable Accommodation Requests.
a. Purpose.
In accordance with federal and state fair housing laws, it is
the purpose of this Chapter to provide reasonable
accommodations in the City's zoning and land use
regulations, policies, and practices when needed to provide
an individual with a disability an equal opportunity to use and
enjoy a dwelling.
Ordinance No. 1833, Page 10 of IS
b. Review Authority.
The City Manager, or his designated representative, is
hereby designated to approve, conditionally approve, or
deny all applications for a reasonable accommodation. If the
project for which the request for reasonable accommodation
is made requires another discretionary permit or approval,
then an applicant may request that the City Manager hear
the request for a reasonable accommodation at the same
time as the other discretionary permit or approval. If the
applicant does not request a simultaneous hearing, then the
request for reasonable accommodation shall not be heard
until after a final administrative decision has been made
regarding all discretionary permits or approvals required by
any federal or state law or local ordinance.
C. Application for a Reasonable Accommodation.
1. Applicant. A request for reasonable accommodation
may be made by any person with a disability, their
representative, or a developer or provider of housing
for individuals with a disability. A reasonable
accommodation may be approved only for the benefit
of one or more individuals with a disability.
2. Application. An application for a reasonable
accommodation from a zoning regulation, policy, or
practice shall be made on the form provided by the
Planning Department. No fee shall be required for a
request for reasonable accommodation, but if the
project requires discretionary permit(s), then the
prescribed fees for said permit(s) shall be paid by the
applicant or the applicant's representative. An
application for reasonable accommodation shall not
be unreasonably withheld.
3. Required Submittals. In addition to materials required
under other applicable provisions of this Code, an
application for reasonable accommodation shall
include the following:
(a) Documentation that the applicant is: (i) an
individual with a disability; (ii) applying on
behalf of one or more individuals with a
disability; or (iii) a developer or provider of
Ordinance No. 1833, Page 11 of 18
housing for one or more individuals with a
disability.
(b) The specific exception or modification to the
zoning, subdivision or other land use provision,
policy or practice requested by the applicant.
(c) Documentation that the specific exception or
modification requested by the applicant is
reasonable and necessary to provide one or
more individuals with a disability an equal
opportunity to use and enjoy the residence.
(d) Any other information that the Planning
Director reasonably concludes is necessary to
determine whether the finding required by
Section 84- 85(aj)(3)(a.) below can be made, so
long as any request for information regarding
the disability of the individuals benefited
complies with applicable federal law and the
privacy rights of the individuals affected.
(3) Decision.
a. City Manager Action and Appeals. The City Manager shall
issue a written determination to approve, conditionally
approve, or deny a request for reasonable accommodation,
and the modification or revocation thereof in compliance with
Section 84- 85(aj)(2)(b.) above within fourteen (14) days of
the date of receipt of a completed request for reasonable
accommodation, which shall be served on the applicant in
person or by certified United Staies mail. If the City
Manager's written determination is not made within the time
limits provided herein, the applicant's request for a
reasonable accommodation shall be deemed granted. In the
event of appeal of the City Manager's written determination,
applicants shall file with the City Secretary a notice of appeal
on the form provided by the City no later than fourteen (14)
days following the date the City Manager issues a written
determination. Notices of appeal filed after that date shall be
considered untimely and the City Manager's written
determination shall be considered a final determination. The
standard of review on appeal shall be de novo appeal to the
City Council. The City Council, acting as the appellate body,
may sustain, reverse or modify the decision of the City
Manager or remand the matter for further consideration,
which remand shall include specific issues to be considered
Ordinance No. 1833, Page 12 of 18
by the City Manager. A final decision regarding an
applicant's appeal of the City Manager's written
determination regarding a reasonable accommodation shall
be made within thirty (30) days after the date the City
receives an applicant's notice of appeal, which shall be
served on the applicant in person or by certified United
States mail. If the City Council does not issue a final
decision regarding an applicant's appeal of the City
Manager's written determination regarding a reasonable
accommodation, the applicant's request for a reasonable
accommodation shall be deemed granted.
b. Findings. The written decision to approve, conditionally
approve, or deny a request for reasonable accommodation
shall be based on the following findings, all of which are
required for approval:
1. The requested accommodation is requested by or on
the behalf of one or more individuals with a disability
protected under the Fair Housing Laws or other
applicable federal or state law.
2. The requested accommodation is necessary to
provide one or more individuals with a disability an
equal opportunity to use and enjoy a dwelling.
3. The requested accommodation will not impose an
undue financial or administrative burden on the City
as "undue financial or administrative burden" is
defined in Fair Housing Laws, interpretive case law,
or other applicable federal or state law.
4. The requested accommodation will not result in a
fundamental alteration in the nature of the City's
zoning program, as "fundamental alteration" is defined
in Fair Housing Laws, interpretive case law, or other
applicable federal or state law.
5. The requested accommodation will not, under the
specific facts of the case, result in a direct threat to
the health or safety of other individuals or substantial
physical damage to the property of others.
In making these findings, the decision -maker may approve
alternative reasonable accommodations which provide an
equivalent level of benefit to the applicant.
Ordinance No. 1833, Page 13 of IS
C. The City may consider, but is not limited to, the following
factors in determining whether the requested
accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and
enjoy a dwelling.
1. Whether the requested accommodation will
affirmatively enhance the quality of life of one or more
individuals with a disability.
2. Whether the individual or individuals with a disability
will be denied an equal opportunity to enjoy the
housing type of their choice absent the
accommodation.
3. In the case of a residential care facility, whether the
requested accommodation is necessary to make
facilities of a similar nature or operation economically
viable in light of the particularities of the relevant
market and market participants.
4. In the case of a residential care facility, whether the
existing supply of facilities of a similar nature and
operation in the community is sufficient to provide
individuals with a disability an equal opportunity to live
in a residential setting.
d. The City may consider, but is not limited to, the following
factors in determining whether the requested
accommodation, would require a fundamental alteration in
the nature of the City's zoning program.
1. Whether the requested accommodation would
fundamentally alter the character of the
neighborhood.
2. Whether the accommodation would result in a
substantial increase in traffic or insufficient parking.
3. Whether granting the requested accommodation
would substantially undermine any express purpose
of either the City's Master /Comprehensive Plan.
4. In the case of a residential care facility, whether the
requested accommodation would create an
institutionalized environment due to the number of
Ordinance No. 1833, Page 14 of 18
and distance between facilities that are similar in
nature or operation.
e. Rules While Decision is Pending. While a request for
reasonable accommodation is pending, all laws and
regulations otherwise applicable to the property that is the
subject of the request shall remain in full force and effect.
f. Effective Date. No reasonable accommodation shall
become effective until the decision to grant such
accommodation shall have become final by reason of the
expiration of time to make a written determination or appeal,
as applicable. In the event an appeal is filed, the reasonable
accommodation shall not become effective until a final
decision is made by the City Council on such appeal under
the provisions of Section 84- 85(aj)(3)(a.) above, or until the
expiration of time to issue a final decision, as applicable.
(4) Expiration, Time Extension, Violation, Discontinuance and
Enforcement.
a. Expiration. Any reasonable accommodation approved in
accordance with the terms of this Chapter shall expire within
twenty -four (24) months from the effective date of approval
or at an alternative time specified as a condition of approval
unless:
1. A building permit has been issued and construction
has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
b. Time Extension. The City Manager may approve a time
extension for a reasonable accommodation for good cause
for a period not to exceed twenty -four (24) months. An
application for a time extension shall be made in writing to
the Planning Director no less than thirty (30) days or more
than ninety (90) days prior to the expiration date. There is
no limit on the number of extensions that may be granted so
long as the use established is continuous and uninterrupted
and the reasonable accommodation remains reasonably
necessary to provide disabled individuals with an equal
opportunity to use and enjoy the dwelling in question.
Ordinance No. 1833, Page 15 of 18
C. Notice. Notice of the City Manager's or City Council's
decision, as applicable, shall be provided as specified in
Section 84- 85(aj)(3)(a.) above. All written decisions shall
give notice of the right to appeal and to request reasonable
accommodation in the appeals process as set forth in
Section 84- 85(aj)(4)(d.) below.
d. Appeal of Determination. A decision regarding a request for
a time extension for a reasonable accommodation shall be
final unless appealed to the City Council within fourteen (14)
calendar days of the date of mailing of the determination. An
appeal shall be made in writing and shall be noticed and
heard pursuant to the procedures established in Section 84-
85(aj)(3)(a.) above.
e. Violation of Terms. Any reasonable accommodation
approved in accordance with the terms of this Code may be
revoked if any of the conditions or terms of such reasonable
accommodation are violated, or if any law or ordinance is
violated in connection therewith.
f. Discontinuance. A reasonable accommodation shall lapse if
the exercise of rights granted by it is discontinued for ninety
(90) consecutive days. If a disabled person initially
occupying a residence for which a reasonable
accommodation has been granted vacates the residence,
the reasonable accommodation shall remain in effect only if
the Planning Director determines that: (1) the reasonable
accommodation is physically integrated into the residential
structure and cannot easily be removed or altered to comply
with the Code; or (2) the reasonable accommodation is
necessary to give another disabled individual an equal
opportunity to enjoy the dwelling. Within thirty (30) days of
occupying the residence in question, the disabled person
replacing the vacating disabled person shall provide to the
Planning Director documentation establishing that he or she
is a person with a disability who would otherwise qualify for
the reasonable accommodation already in effect. Failure to
provide such documentation within thirty (30) days of
occupying the residence in question shall constitute grounds
for discontinuance of a previously approved reasonable
accommodation.
g. Enforcement. If the established use for which a reasonable
accommodation granted under this Code is discontinued, or
the applicant violates the terms of the reasonable
Ordinance No. 1833, Page 16 of 18
accommodation, the City Attorney on behalf of the City may
institute an injunction, mandamus, abatement, or other
appropriate action to prevent, abate, remove or enjoin the
violation of this Chapter.
(5) Revocation Proceedings.
a. Proceedings to revoke a reasonable accommodation
granted by the City shall be initiated by the City Manager by
giving the notice of a public hearing as provided in Section
84- 85(aj)(5)(b.) below. Not less than ten (10) days prior to
the public hearing, the City Manager shall issue a written
recommendation to revoke a reasonable accommodation,
explaining the reasons for said recommendation, which shall
be served on the applicant by posting it in a conspicuous
place on the property in question and by mailing it to the
applicant by certified United States mail. The City Council,
acting as the reviewing body, may sustain, reverse or modify
the decision of the City Manager or remand the matter for
further consideration, which remand shall include specific
issues to be considered by the City Manager. The City
Council may also hear statements and other evidence at the
public hearing, in compliance with applicable Open Meetings
law. A written final decision regarding revocation of a
reasonable accommodation shall be made within thirty (30)
days after the date of the public hearing, which shall be
served on the applicant in person or by certified United
States mail. If the City Council does not issue a final
decision regarding revocation of a reasonable
accommodation, the reasonable accommodation shall
remain in effect.
b. Notice of proceedings. The City Manager shall fix a time
and a place for a public hearing, and give public notice
thereof by mailing notice to owners of all property within a
distance of three hundred feet of the exterior boundaries of
property described in the application, using addresses from
the last- adopted tax roll; or by publication in a newspaper of
general circulation and posting said notice in conspicuous
places close to the property. Such notice shall be given not
less than ten (10) days before the date of the public hearing.
(6) Amendments.
A request for changes in conditions of approval of a reasonable
accommodation, or a change to plans that would affect a condition
of approval shall be treated as a new application. The Planning
Ordinance No. 1833, Page 17 of 18
Director may waive the requirement for a new application if the
changes are minor, do not involve substantial alterations or addition
to the plan or the conditions of approval, and are consistent with the
intent of the original approval.
SECTION 8
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 9
SAVING CLAUSE. That applicable chapters 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 10
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 APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 28th day of October, 2008, by a vote of 6
ayes, o nays, and o abstentions.
APPROVED: APPROVED AS TO FORM:
WA WN,
.�.'-
ATTEST:
Susan Crim, R C, City Secretary
Ordinance No. 1833, Page 18 of 18
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