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HomeMy WebLinkAbout2128 08-16-2016 ORDINANCE NO. 2128 AN ORDINANCE AMENDING SECTION 84-54 "TERMINATION OF NONCONFORMING USES" OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS, PROVIDING THAT A NONCONFORMING USE OF PROPERTY SHALL BE CHANGED TO A CONFORMING USE BY ISSUANCE OF A SPECIFIC USE PERMIT; PROVIDING FOR THE TERMINATION OF A USE UPON REVOCATION OR EXPIRATION OF A SPECIFIC USE PERMIT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, pursuant to Chapter 211 of the Texas Local Government Code, the City of Euless has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the City Council previously adopted regulations governing the nonconforming status of property within the City as part of the comprehensive zoning ordinance; and WHEREAS, the City Council desires to amend those regulations governing the nonconforming status of property to clarify that if a specific use permit is applied for and granted for a property that was previously nonconforming, the property shall become conforming effective the date the specific use permit is issued; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on June 21, 2016, in conjunction with the amendment herein, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has conducted a public hearing on August 16, 2016, 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, all requirements of law dealing with notice to other property owners, publication, and all procedural requirements have been complied with in accordance with Chapter 211 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Section 84-54, "Termination of nonconforming uses" of the Euless Code of Ordinances, is hereby amended by revising subsection (2)g "Time limitation" to read as follows: "Sec. 84-54 Termination of nonconforming uses (2) Right to operate. The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances: g. Approval of specific use permit. Any use which is permitted as a specific use permit by the city council in accordance with the provisions of this chapter shall, upon its establishment, be considered a conforming P use in that zoning district and shall not thereafter be changed back to a nonconforming use, provided that this regulation shall not be so interpreted as to waive any conditions placed on the specific use permit by the city council. Whenever a specified term for a specific use permit has expired, the use shall not be deemed to be a nonconforming use and the property may only be used for a use permitted in the applicable zoning district unless an extension of the term of the specific use permit is approved by the city council. If a specific use permit is revoked in accordance with Section 84-157, the use shall not be deemed to be a nonconforming use and the property may only be used for a use permitted in the applicable zoning district." SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. 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 Ordinance No. 2128, Page 2 of 4 li the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, parara h or section. 9 P SECTION 4. PENALTY CLAUSE. Any person, firm, or corporation violating any of the terms or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "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 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances related to zoning that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause, and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 7. 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 PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 16, 2016, by a vote of 7 ayes, 0 nays, and 0 abstentions. Ordinance No. 2128, Page 3 of 4 APPROVED: L •a Ma in, ayo ATTEST: jeie2e4 jKi S er, TRMC, City Secretary APPROVED AS TO FORM: (-46 e_e___ Wayne Olson, City Attorney Ordinance No. 2128, Page 4 of 4 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 338402481 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/20/2016 Federal Tax ID 26-2674582 / Terms: Net due in 21 days ue Date: 8/31/2016 Bill To: REQUISITION O Number: CITY OF EULESS ACCOUNTS PAYAB 201 N ECTOR DR AUG 2 6 20 y rder Number: 33840248 3 EULESS, TX 76039-3543 ales Rep: 073 REQUESTED escription: CITY OF EULESS 0 Attn:Attn: ACCOUNTS . PAYABLE w, blication Dates: 8/19/2016 -8/20/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 I3580 I 172 172 LINE $1.02 $350.88 Sales Discount ($227.04) Misc Fee $5.00 RECEIVED Net Amount: $128.84 AUG 26 2016 DEBORAH JEAN BAYLOR Notary Public,State of Texos CITY OF EU LESS My Commission Expires Countyo ?arrant �H` October 29, 2019 f FINANCE DEPT. , +�+�' Before me,a Notary Public in and for said County and State, this day personally appeared Christy 5-lolland,Bids eh'Legal Coordinator for the Star?elegram,pub fished by the Star ?elegram,Inc.at fort Worth,in Tarrant County,Texas:and who after being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the fisted dates: BIDS ey LEGALS DEPT Star-Telegram. SUBSCRIBED AND SWWOR TO BEFORE ME, THIS DAY of August 43) 2016 Ar Signed L ' , 4 A ____.06.2eaj 91(O?AR}'PZIBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 338402481 Invoice Amount: $128.84 PO Number: Amount Enclosed: $ 1 OQ it tai MI fio CSo ■ PUBLICATION.The City Secretary of r the City of Euless is hereby directed Legal Notices to publish the caption, penalty ,. ,,,H,,,. clause and effective date of this CITY OF EULESS ordinance in the official newspaper ORDINANCE NO. 2118 of the City of Euless, as required AN ORDINANCE AMENDING CHAP- by Section 12 of Article of the TER 78 "TAXATION" OF THE Charter of the City of Euless. EULESS MUNICIPAL CODE BY PRESENTED AND PASSED ON FIRST PROVIDING FOR THE COLLECTION AND FINAL READING at a regular OF INTEREST AND PENALTIES ON meeting of the Euless City Council HOTEL OCCUPANCY TAXES OWED on August 16, 2016, by a vote of TO THE CITY; PROVIDING THAT 7 ayes, 0 nays and 0 abstentions. THIS ORDINANCE SHALL BE CU- ORDINANCE NO. 2127 MULATIVE OF ALL ORDINANCES; AN ORDINANCE AUTHORIZING THE PROVIDING A SEVERABILITY ISSUANCE OF A SPECIFIC USE CLAUSE; PROVIDING A SAVINGS PERMIT ON VINE ADDITION, CLAUSE; PROVIDING FOR PUBLI- 1BLOCK A, LOT 1, 421 WEST CATION IN THE OFFICIAL NEWS- AIRPORT FREEWAY FOR HOTEL; PAPER; AND PROVIDING AN EF- PROVIDING FOR A SEVERABILITY FECTIVE DATE. CLAUSE; PROVIDING A PENALTY SECTION 6. FOR VIOLATION; PROVIDING FOR PENALTY CLAUSE.Any person,firm PUBLICATION IN THE OFFICIAL or corporation violating any of the NEWSPAPER;AND PROVIDING AN terms and provisions of this ordi- EFFECTIVE DATE. nance shall be deemed guilty of a SECTION 3. misdemeanor and, upon conviction PENALTY CLAUSE. thereof,shall be fined in accordance Any person,firm with Chapter 1,Section 1-12,Euless or corporation violating any of the Code of Ordinances. Each such terms and provisions of this ordi- violation shall be deemed a separate nance shall be deemed guilty of a offense and shall be punishable as misdemeanor and, upon conviction such hereunder. thereof,shall be fined in accordance SECTION 7. with Chapter 1,Section 1-12,Euless PUBLICATION.The City.Secretary of Code of Ordinances. Each such the City of Euless is hereby directed violation shall be deemed a separate to publish the caption, penalty offense and shall be punishable as clause and affective date of this such hereunder. ordinance in the official newspaper SECTION 4. of the City of Euless, as required PUBLICATION.The City Secretary of by Section 12 of Article II of the the City of Euless is hereby directed Charter of the City of Euless. to publish the caption, penalty PRESENTED AND PASSED ON FIRST clause and effective date of this AND FINAL READING at a regular ordinance in the official newspaper meeting of the Euless City Council of the City of Euless, as required on August 16, 2016, by a vote of by Section 12 of Article N of the 7 ayes, 0 nays and 0 abstentions. Charter of the City of Euless. ORDINANCE NO. 2126 PRESENTED AND PASSED ON FIRST AN ORDINANCE AUTHORIZING THE AND FINAL READING at a regular ISSUANCE OF A SPECIFIC USE meeting of the Euless City Council PERMIT ON PARK CRESTMOOR on August 16, 2016, by a vote of ADDITION, BLOCK 2, LOT 24R2B, 7 ayes, 0 nays and 0 abstentions. 700 WEST EULESS BOULEVARD, ORDINANCE NO. 2128 FOR USED MERCHANDISE; PRO- AN ORDINANCE AMENDING SEC- VIDING FOR A SEVERABILITY TION 84-54 "TERMINATION OF CLAUSE; PROVIDING A PENALTY NONCONFORMING USES"OF THE FOR VIOLATION; PROVIDING FOR UNIFIED DEVELOPMENT CODE OF PUBLICATION IN THE OFFICIAL THE CITY OF EULESS, TEXAS, NEWSPAPER;AND PROVIDING AN PROVIDING THAT A NONCON- EFFECTIVE DATE. FORMING USE OF PROPERTY SECTION 3. SHALL BE CHANGED TO A CON- PENALTY CLAUSE.Any person,firm FORMING USE BY ISSUANCE OF or corporation violating any of the A SPECIFIC USE PERMIT; PRO- terms and provisions of this ordi- nance shall be deemed guilty of a VIDING FOR THE TERMINATION misdemeanor and, upon conviction OF A USE UPON REVOCATION OR thereof,shall be fined in accordance EXPIRATION OF A SPECIFIC USE with Chapter 1,Section 1-12,Euless PERMIT; PROVIDING THAT THIS Code of Ordinances. Each such ORDINANCE SHALL BE CUMULA- violation shall be deemed a separate TIVE OF ALL ORDINANCES; PRO- ofc,nsc and stall be punishable as VIDING A SEVERABILITY CLAUSE; such hereunder. PROVIDING A PENALTY FOR VI- SECTION 4. LATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- v PAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 4. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6. PUBLICATION.The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 16, 2016, by a vote of 7 ayes, 0 nays and 0 abstentions.