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HomeMy WebLinkAbout284 07-26-1966ORDINANCE N0, 284 AN ORDINANCE AMENDING ORDINANCE NO.33, KNOWN AS THE TEMPORARY ZONING ORDINANCE OF THE CITY OF EULESS, TARRANT COUNTY, TEXAS, BY THE AD- DITION OF SECTION 28 IDENTIFIED AS "CONDITIONS SUBSEQUENT "; PROVIDING A PENALTY FOR THE VIO- LATION OF SUCH ORDINANCE; PROVIDING A SEVERANCE .... CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Euless City Council has found it necessary from time to time to impose conditions subsequent on zoning requests so as to protect the orderly growth comprehensive development plan and public health, wel- fare and safety of the citizens of Euless; NOW, THEREFORE, BE IT ORDAINED BY THE EULESS CITY COUNCIL: That Ordinance No. 33, known as the Temporary Zoning Ordinance, be amended by the addition thereto of Section 20" to read as follows; "Section 28 - Conditions Subsequent. A. Conditions Subsequent imposed. More effectively to carry out the purpose and objects of this zoning ordinance, the Euless City Council may, after consideration of the recommendations of the Planning and Zoning Commission, impose certain conditions subsequent upon any amendment, supplement, or change by ordinance of the boundaries of districts or regulations herein established. Such conditions subsequent shall be as follows; 1. Within such reasonable length of time as shall be established by the City Council, a final site development plan shall be submitted to the City Council for approval; provided, howuvor, such plan shall have first been submitted to the Planning and Zoning Commission for its study and recommendation to the City Council; 2. Within such reasonable length of time as shall be established by the City Council, construction shall have com- menced in substantial compliance with the final site development plan as approved by the City Council; and 3. Within such reasonable length of time as shall be established by the City Council, construction in Substantial compli- ance with the final site development plan, as approved by the City Council, shall have been substantially completed. B. Reversion to Former Classification. In the event of failure to comply with any one of such conditions subsequent the zoning of the property in question shall automatically revert to its former use or zoning classification; i.e., if the property was zoned "A" Single Family Dwelling prior to the change sought, and it is rezoned as "B" Local Business District subject to such conditions, then upon failure to comply with any one of such condi- tions subsequent the zoning classification of the property shall automatically revert to "A" Single Family Dwelling. Provided, however, upon the filing of an application at least 30 days prior to the date in question and upon good cause shown, the City Council may, after considering the recommendation of the Planning and Zoning Commission, grant reasonable extensions of time for compliance with any one or all of said conditions subsequent. C. Certificate of Compliance. Upon compliance with the conditions subsequent, and after considering the recommendations of the Planning and Zoning Commission, the City Council shall cause to be issued a certificate of compliance which shall be attached to and become a part of the ordinance effecting the change in zoning. D. Preliminary Site Development Plan. in cases where the Planning and Zoning Commission deems it appropriate to impose condi- tions subsequent, it may require the cpplicant to submit a prelim- inary site development plan prior to any public hearing. E. Site Development Plan to be Part of Ordinance. A copy of the preliminary site development plan, together with a copy of the final site development plan, shall be attached to and become a part of the ordinance in question. F. Approval of Plan Not Waiver of Compliance With Law. Approval of the site development plan shall never constitute a waiver of complienc• with any of the applicable Laws of the State of Texas, or the Code or Ordinances of the City. G. Designation on Official Zoning Map. Areas re -zoned subject to conditions subsequent shall be designated upon the Official Zoning Map of the City by placing the Prefix "C -" on the regular zoning symbol, which designation shall remain until the certificate of compliance has been issued, or until there has been a reversion to the former classification because of failure to comply with one or more of the conditions subsequent." -2- I1. Any person violating this ordinance or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined not less than $10.00 nor more than $200.00, and each day that such violation continues shall be considered a separate offense and punishable accordingly. 111. If any section or part of any section or paragraph of this ordinance is declared invalid or unconstitutional for any reason, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections or parts of a section or paragraph of this ordinance. IV. This Ordinance shall be in full force and effect from and after its passage as by law provided. PRESENTED AND GIVEN FIRST RE DING on the 12th day of July , 1966, at a regular meeting of the City Council of the City of Euless, Texas; and given SECOND READING, passed and approved on the 26th of July , 1966, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ts! W. Ter MAYOR ATTEST: cxt c /s/ Vada Ferris City Secretary