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HomeMy WebLinkAbout33 04-18-1955ORDINANCE NO. 33 AN ORDINANCE ESTABLISHING TEMPORARY ZONING REGULATIONS AND DISTRICTS IN THE CITY OF EULESS, TEXAS., IN ACCORDANCE WITH A C0MPREHENSIVE PLAN, AND REGULATING AND, REDISTRICTING THE TYPE AND CHARACTER OF CONSTRUCTION OF BUILDINGS AND OTHER STRUCTURES IN SUCH DISTRICTS. THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED: THE SIZE OF YARDS, AND OTHER OPEN SPACES: THE DENSITY OF POPULATION; LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENCES AND COMMERCIAL PURPOSES; DIVIDING THE CITY OF EULESS, TEXAS, INTO TWO DISTRICTS AND REGULATING THE ERRECTION, CONSTRUCTION, RECONSTRUCTION, LOCATING, RELOCATING, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DIS- TRICTS; FURTHER PROVIDING THAT ANY PERSON FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON COMVICTION THEREOF SHALL BE FINED IN A SUM NOT MORE THAN $lOO.00, AND THAT EACH DAY SUCH VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING THAT SUCH VIOLATIONS OF' PROVISIONS OF THE ORDINANCE 1BEING DECLARED HEREIN AS A MISDEMEANOR SHALL NOT PRECLUDE TIE CITY OF EULESS, TEXAS , FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY THE LAWS OF THE STATE OF TEXAS; BUT SHALL BE CUMULATIVE WITH AND SUBJECT TO PROSECUTION AS HEREINABOVE DESCRIBED FOR SUCH VIOLATION OR VIOLATIONS; FURTHER PROVIDING THAT THIS ORDINANCE SMALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY AFFECTING THE SUBJECT MATTER HEREIN; PROVIDING A SAVING CLAUSE AND FURTHER PROVIDING THIS ORDINANCE SHALL BE- COME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. BE IT ORDATY11 D BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: WHEREAS, the City of Euless, Texas, by reason of its close proximity to Amon Carter Fort Olorth international AirT)ort and Industrial Establishments engaged in operations in matters vital to the defense of our Nation, and other sin.ilar establishments now under construction and contemplated to be located and constructed, and numbrous inquiries being made in connection with the location and constri2ction of dwellings and other buildings within the City; and 14HIE'REAS, for the purpose of ur_iform planning, the City Council of the City of Euless, Texas, has heretofore adopted an ordinance, creating a zoning eormnis Sion with instructions to make and reconmend for adortion a master plan, as a, whole or in parts, for the future development, and redevelopment of the City and its environs, and to prepare a comprehensive plan for zoning the City in accordance with Chapter 233, Acts of the regular session of the Legislature, 1927, Act, 1011 -A to 1011 -J, as amended; and WIP-P.-REAS, the City Council of the City of Euless, Texas, deems it necessary in order to lessen conestion on streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate 11-Sht and air; to prevent the over =crowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements: to conseinre the value of property- and encourage the most. appropriate use of _land throughout the City, all in accordance with a comprehensive plan; and ;V=EAS, at the present time no definite r. Iles or regi-il.ations are provided for by the Ordinances of the City of Euless, Texas, iTlhick?. would provide a uniform plan of location, size and use of property, in order to protect and properly safeguard the various neighborhoods or localities in the matter of propor zoning, having due regard to the public welfare and comfort, it is necessary that temporary rules and regulations be provided until peniianent zoning can be promulgated with due hearings with property owners, as is provided by law ;. N01W, THEREFORE, BE IT OPDAINL"> BY THE CITY COUNCIL OF 'T'�; CITY OF EULESS , T M.AS 2 SECTION N0, 1. DEFINITIONS FOR the purpose of this Ordinance, the following words and terms as used herein are defined to mean the following° Words used in the present tense include the future; words in the singular number include the plurals and words in -the plural number include the singular; the word "building" includes the word "structure "; the word "shall" or the word. "must" is mandatory and not directory; the term "used forts includes the meaning "designed for" or "intended for" ACCESSORY BUILDING OR USE: A siabord.im�;te building having a use customarily incident to and located on the lot occupied by the main. building; or a use customer.ily incident to the main use of the property,, A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. AL:EY: A mihor wad which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. BASEMENT; A story below the first story as defined under "Stogy "p counted as a story for height regulations if subdivided and used for d�Tel.ling purposes other than by a janitor or watchman employed on the premises. BLOC£: A piece or parcel of Land entirely surrounded by public highways or streets, other than alleys. In. cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the block, .. 3 v CURB LDIELf The mean level of the curb in front of the lot, or in case of a corner lot, along with abutting street Where the mean curb level is the highest. DINELLIIT3"T a A Building a portion. t.h.ereof, designed exclusively for residential occupancy, including one family, two family, and multiple dwelli_nJs, bonding, and Lodging houses, apartment houses and apartment hotels, but not hotels. DIVELLI'1\;2�, ITGLE FAi,ILY: A detached building arranged, intended, or designed for occupancy by one family. GARriGE9 PRIVATE: An accessory building for storage only of motor vehicles GARAGE�PUBLIC, A building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles., which is operated for commercial purposes, GAILGE, STORAGE„ A building or portion thereof, except those defined as a private, a public, or a community garage providing storage for motor vehicles, with. facilities for washing but no other services, H 'IC,HT OF BUILDINGS: The vertical distance measured from the highest of the following three levels. ap, From the street curb level;. b. From the established or mean street grade in case the curb has not been constructed; C* From the average finished ground level adjoining the building if it sets back from the street line; to the level of the highest point of the roof beams fo flat roofs or roofs inclining not more than one inch (11s) to the foot, or to the mean h-dight level of the top of the main plates and highest ridge 4 for other roof s. LTEIGHT OF YARD OR COURT The Vertical distance from the lowest level of such yard. or court to the highest point of any boundary wall. LOTs A parcel of land occupied or to be occupied by one building, or unit group of b,41dings, and the accessory buildings or uses custom- arily incident thereto, including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or a place, LOT, CMNER: A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on irfhich it has its least demenLion, unless otherwise specified by the Building Inspector, LOTS TNTEP,IOR .� A lot whose side lines do not abut upon any street. LOT, THROUGH: An interior lot having fronta-a on two streets; LOT_LII� : The lines bounding a lot as defined herein, LOT LI1,71, FRONT.* The boundary between a lot and the street on which it fronts, LOT LINE, REAR: The boundary line which is opposite and most distant from the front street line; except that in the case of un- certainty the Euilding Inspector shall determine the rear lines LOT LINE SIDE; Any lot bour_darIT line not a frortor rear line thereof; A sida lane may be a party lot line, a line bcr.dering on an alley or place or, side street line. LOT DEPTH: The mean horizontal dista_n.ce from the front street line to the rear line LOT AlIDTHe The horizontal distance between side lines, measured at the front building line, as established b� the minimum front yard requirement of this ordinance. 5 NOTIT-- CONFORI MING USE, LiJILD?I\TCT OR YARD; A use,, buildinS or yard which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated. It is a legal i10i1 -s eonforrf.ng use if established pr.., or to the passage of this ordinance, and an illegal nor - conforming use if established after the passage of this ordinance and not otherwise approved as provided herein., I'LAGE An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon,, RESIDEI�TC Eq A building occupied as 'the abiding place of one or more persons in which the use and management of sleeping quarters, all appliances for cooking, ventilating, heati� or lighting are under one control and which shall it elude mingle family dwellings, which shall be the principal building, on any lot in Residential Districts RESTAURAIU OR CAFE: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding house, whe -re food is served for pay and for consumption in the building, and where provisions may be made for ser,ring food on the premises outside the building, unless otherwise stated herein. SERVANTS t QUART E_�S; An accessory buildiz-U located on the same lot or ;.rounds with . the main building, and used as living quarters, for servants employed on the premises, and not rented' or otherwise used as a separate domicile, SETBACK:. BACK . The m.inimurl horizontal distance bet,veen the front wall of any projection of the building, excluding steps and unenclosed porch and the street line. - 6 STABLE. PRTVAT : An accessory building for the keeping of horses, ponies, or �i.ules owned by occupants of the premises, and not kept for remuneration, hire or sale,, STABLE, PUBLIC: A stable other than a private or riding stable as defined herein. STABLE RIDII'�T_'T., A structure in wnicCi horses, ponies, or mules, used exclusively for pleasure or drivin , are housed, boarded, or kept for hire; including riding track. STORY: That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor abov e, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main life of the eaves is not above the middle of the interior height of such story.. The first story is the highest story having its interior floor surface, not more than four feet above the curb level,, established or mean street grade, or a�i era,ge ground level, as mentioned. in "Height of Buildings" of this section. S'1'REYIP,., A thoroughfare which affords principal means of access to property abutting thereon. STREET LTIME: The dividing line between the street and the abut- ting property. STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on. the - round; including, but not limited to, advertising signs, billboards and poster panels, b;..tt exclusively of customary fences or boundary or re- taining walls, STRUCTURAL ALTERATTOIIS: Any charge in the supporting mernbe.rs of a building,. such as bearing walls, columns, beams or girders, a 17 11% VARIANGEa. .A 'modification or variation of the provisions of this ordinance, as. applied to a specific piece of property, as dis•- tinct- from rezoning. YARD An open space at grade between a building and the ad- joining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard; the least hori- zontal between the lot line and the main building shall be used., YARD, P'RONITe P. yard across the full widt -h of the lot extending from the front line of the main building to the front line of the lot,, YA?D, REAR., A yard between the rear lot line and the rear line of the rain building and the side lot lines YARD, SIZE.- A yard between the main budding and the adjacent side line of the lot, and ext- ending entirely from the front yard to the real yard thereof® SEC "'ION 2'. S TORT TITLE This Ordinance shall be lm -ovvn and may be cited as the Temporary Zoning Ordinance of Euless, Texas., SECTIOF 3® DISTRICTS For the purpose of regulating and restricting the use of land an« the erection, construction., reconstruction, alteration, or use of buildings, structures of land, the City of Euless is he-r�eby divided into three districts as follo,rus DISTRICT iPA`s9 Single I,'amily Dwelling District® DISTRICT "B ". Local Business District. DISTRICT llcll o Comme�. °cial, SECTION 4, DISTRICT 1 AP ADOPTED Boundaries of the districts, as enumbrated in Section 3 of this g Ordinance are hereby established as shogun on a map prepared for than purpose, which map is hereby designated as the Zoning District Map; and said man and all the notations, references and information shown thereon is hereby made as much a. part of this Ordinance as if the same were set forth in full herein, It shall be the duty of the City Planning and Zoning Commission to keep on file in its office an authentic copy of said map, and all changes, amend - rents, or additions thereto® When definite d istances in :feet are not shown on the Zoning District I',1ap, the district boundaries are intended to be along existi:nc; street, alley or platted lot lines, or extensions of the same, and if the exact location of such lines is not clear, it shall be deterxained by the Building Inspector, due consideration being given to location as indicated by the scale of the Zoning District Nia.p. When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Mlap' the Building Inspector may apply the district designations on the map to the streets or alleys on the ground in such manner as to conformal to the intent and purpose of this Ordinance. Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the center line of any such street or alley All. territory which may hereafter be annexed to the City of Muloss shall automatically be classed as lying and being in D�_strict "Att until such classification shall have been changed by an amendment to the Zoning Ordinance as provided by .Law, SECTION 5, BOARD OF ADJUSTIVEI7,o A Board of Adjustment is hereby established in accordance with the Provisions of the Texas Statutes, Section 7 of Chapter 283 of the 40th Legislature, Regular Session (1927), beirg, House Bill No® 87, regarding 9 the Zona.ng of Cities. The word "Board" when used in this Ordinance sh.a7.1 be construed to mean the Board of Adjustment. The powers and duties of the Eoard are enumerated in Section 22. The Board shall consist of five members, each to be appointed by the A2a;Tor and approved by the Council, for a to -nri of two years, and removable for eaiise by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired ter^-z of any member whose term becomes vacant. SECTION 6. R.EQUIREI;'T11,119 MUST BE OBSERVED Except as hereinafter nrovidedp 1. No building or structure shall be erected, constructed, re- constructed or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building., structure or land is situated. 2. No building or structure shall be erected, constructed, recon- structed or altered to exceed the height or area limit herein est=ablished for the district in which such building or structure is located. 3. No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of population be increased. in anjr man7�er, except in conformity with the area regu- _ations e ,8tablished herein. SEi;TION 7. USE REGULATION SINGLE FAMILY DWELLING DISTRICT In a single family dwelling; district ct, no building or premises shall be used and no building shall be erected or structurally altered which is arranged or designed to be used for other than one or mop ?e of the following uses, except as otherwise specifically provided in this ordinance; (1) Single Family Dwelling. - 10 (2) Churches and publicly owned and operated, community build- i:ci1:;s, public museLims, public administrative buildings, public libraries., police stations, and. fire stations, if located in accordance with at least one of the following; a. On a lot already devoted to the use for which the building permit is requested. b. On a. lot havi--nZ a side line common to a public park, play- ground, or cemetery, or directly across a street from any one or combination of said uses. c. On a corner lot having a minirnun of one hundred (100) feet frontage. d„ On a lot three sides of which adjoin streets. e* On a lot approved by the Poard of Zoning Adjustment, subject to final approval by the City Couzzcl, following public hear- ing, as being a location where such building will not mater- 1 1-N7- injure neighboring property for residential use (3) Public parks and playgrounds, including public r. ecreation or service buildings within such parks, (4) Public s:chool.s, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and do.r;nitories in conjunction, if located on the campus, (5) Golf courses (except miniat-ore golf courses, driving ranges and other similar activiti.es operated as a business). (6) Railroad right of ways, not including railroad yards. (i) Agriculture, nurseries, and truck gardens limited to the propagation and cultivation of plants; provided no retail or wholesale bu--l.ness shall be conducted upon the premises, and provided that no ob- noxious fertilizer is, stored upon the premises, and no obnoxious soil or 11 fertilizer _renovation is conducted thereon. (8) central office build7.r ,s of corporations, firms., or indi- viduals engaged in the furnishing of telephone service to the, public, in- eluding any equipment in connection. with such buildir,gs, or a part of such telephone systera necessary in the furnishing of telephone service to the public. (9) !,rinicipal water supply reservoirs, filter beds, filtration plants, surface or underground or overhead water storage,, water wells and pumping plants, (10) Accessory uses, including parking areas, customarily in- cident to the above uses and located on the sane lot therewith, not in.- volvir�g the conduct of a business or industry* a. The tern, accessary use shall include customar77 home occu- pations, such as the office of physician, dentist, surge6n, dressmaker, musician, or artist, (not including barbers or beauticians') under the follovring restrictions: (1) That such uses are located in the dwelling used by a parson as his or her private r5sidence. (2) That no assistant other than a member of the family house- hold is employed, and no window display or sign, either illuminated or more than one (1) square foot in area is used to advertise the safe, (3) That no power other -than electric and of not more than one - fourth horse power is used in any one machine, and not more than one horse power total is used in such activities. b. A bil:Lboard, signboard, or advertising sign shah. not be permitted as an a.ccessor�7 use, ex-cept that the placinm of an Itdilluminated "For Sale" or "For Rent" sign not more than 12 eight (g) square Feet in area may be permitted as an accessory use, and except that churches and other in- stitutions may display signs showing nan.es, ac bivities, and services therLin provided, and that during construction of a building one un i lluminated sign showin" the names of contractors or architects for such buildings shall be per- mitted, providing such sign shall not be more than eight (0) square feet in area, and shall not be set more than five (5) feet in front of the established or customary build- ing line, and such sign shall be removed immediately upon completion of the building c� For any C.welling house there shall be permitted one private garage with space for not more than one n-otor vehicle for each two thousand (2,000) square feet of lot area, or ser- vants' auarters:; provided that such garage or servants' quarters shall be located not less than sixty (60) feet from the front lot line, nor less than three (3) feet from any side lot line, nor less than one (1) feet from any alley line, except that when the -rear lot line is common to a side or rear lot line of another lot, such outbuilding must be located a ?n.inimur,1 of three (3) feet fron said rear, lot line, and in the case of corner lots not less than the distance re- quired for residences from side streets; and further provided that such senrar_tsv quarters shall be occupied only by ser- v. ^nts employed on the premises. A. garage may be constructed across a common lot line by mutual agreement between proper- ty owners. A garage or servants' quarters constructed as in- tegral part of the main building shall be subject to the re- - 13 2-ulations affecting "he :vain building, except that on a corner lot, a private ;garage, when attached to the main bu.ildin; and not exceeding; the height of the main building, may extend into the required.. rear yard to a point not less than eighteen (18) feet from the rear lot line, and shall not occupy :Wore than thirty (30) percent of the required rear yard,. Yo part of a detached access- ory buildn; shall be closer than ten (10) feet to the main building® d, A private stable will be allowed on a lot having an area of ?,lore than t�--,ronty thousand (20,000) square feet, provided that it is located not leas than one hundred (100) feet frcm the front lot lire, not less than thirty (30) feet from any side or rear lot line. On such lots them shall not be kept more than one horse, pon1T or thousand (10,000) square feet of lot each twenty thousand (20, 000) square such fowl shall be key ; or housed ne; (100) feet to the front lot line, or an -y side or rear lot line. mule for each ten area, and one cow for feet of lot area, J o arer than one hundred thirty (30) feet from e® Conxr_unity garages raay be per- mitted by the Board® Such community garages may provide facilities for washing cars; and access thereto .9 i f from the street, shall be by not more than one driveway. Such garages shall be at least six (6) feet from any party lot li-ne and shall be set back from any front or side street line at least ten (10) feet more than would be required for a dwelling house in the same lo-- cation, and shall be not over one story or sixteen feet high. No commercial vehicle of raore than two and one -half (22 ) 14 torts capacity shall be housed in any such coinratmity , .7 arage f Temporary real estate sales office, located on property being sold, and limited to period of sale, but not exceed® in; two years without special permi t from the Doard, g8 A hobby shop may be operated as an accessory use by the occupant of the premises arlusement or recreation; duced or constructed aro miser, and provided such sive by reason of vibrat fur.1es SECTIOII 0® purely for per -sonal enjoyment., provided that the articles pro- not sold either on or off the pre - use will not be obnoxious or offen - ion, noise, odor, dust, smoke or No dwellin- shall be constructed in said single .Family DvsellinC District less than '750 square feet of .floor space, exclusive of porches, breezeways and garages SECTION 9 The minimum area of lots in said. Single Family Dviellirg District where Sanitary Sewer is not available, shall be 102000 squares feet for each single family dwelling where said Sewer is available and said dvielling is attached. thereto the minimum area of lots shall be 7500 square feet. SUCTION 10, HEIGHT REGULATI07,Z' No build7.ng hereafter erected and structurally altered, in any of the districts provided for herein shall exceed 'IWo and One -Half (2' ) or Thirty -Five (35) feet® SECTION 11, rROYTAGE OF I APROITELiiENUS The Train Building in Single Family Distrl_ct shall_ be constructed - 15 - f_rontin<g on the street upon which the lot as originally dedicated fronts. SECTION 12. LOT COVERAGE IN SINGLE FAP,JIL A DV =LIT\TG DISTRICT (A) FROT?'T' YARD: There shall be a front yard along each street line of the lot. The minimlurt depth of a front yard, except along the Side line of a corner lot shall be 25 ft6 s provided that if twenty -five (25) 'percent of a Block Frontage is improved with buildings. (B) DISTANCE FROTIF PROPERTY LINES: No Main 'Building shall be constructed nearer than five (5) feet from any side lot line. (B -1) ACCESSORY BUILDING7, No accessorJ buildings o:r struct3ares shall be constructed or erected nearer than five (5) feet from any side or rear lot line, (B -2) CORNER LOTS ; Buildings on corner lots, whe re i nterio �� lots have been platted or sold fronting on the side street, may project not more than ten (10) feet in front of the line established for build.il,s by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable irridtla of a corner lot in. separate ownershi at the time of 'the passage of this ordinance, to less than tisrenty -rive (25) feet., and pro- vided that the side yard regulations above c .ball be observed. (B -3) REAR MARD: The depth of tlx:, .rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than thirty (30) feet, (C) VIDT.H OF LOT: The minimum -didth of a lot shall be fifty- five (55) feet, at the front Bui.lding lane, provided that where a lot has less width than herein required, in separate Ownership at the time of the passage of this Ordinance, this regulation will not prohibit the erection. 16 of one single family dwelling. SECTION 13. BUILDING PEPHIT fir'' i (A) No permit for the construction of a building in the area herein described as Single Family Dwelling District shall be issued by the Building Inspector in the City of Euless, Texas, other than a permit which will allow the construction of a building permitted to be used for dwelling purposes only, in accordance with the provisions of this ordi- ance. An application for any other use not specified hereinabove shall be made to the Building Inspector of the City of Euless, and by him re- ferred to the Zoning Comm. ission for a consideration and recommendation to the City Council. W- benever such recommendation is filed with the City Council by the Zoning Commission, such classification and recommendation shall be advisory in its nature only and the City Council shall be at liberty to affirm it or allow such construction as the facts or opinion ,AdW, may justify. (B) No existing building within any territory within the City of Euless, Texas, not now lawfully used for business ?purposes shall be altered, remodeled or constructed for business purpose without a permit from the Building Commissioner. This permit shall be obtained under the same procedure set out in Section (A) of this Ordinance. (C) Construction of all buildings in the single family dwelling district shall be in accordance with the provisions of the Building Code of the City of Euless, Texas, now in effect and as hereinafter amended. SECTION 14. DISTRICT "B ". LOCAL BUSINESS DISTRICT: USE REGULATIONS. In District B no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constrivtdd reconstructed, or altered, except for one or more of the following uses: 1. Any use permitted in District A. - 17 - 2. Automobile park-IM lots for passenger cars only. 3. Barber and Beauty -Shops. 4. Bloycle repair shops, electrical repair and. "fix-it" shops. 5. Cleaning, pressing and Laundry Pick -up Stations 6. Clinics (mddical on dental). rig Greenhouses ( Cory(aercial ) 8. Tce deliver stations fo.r storage and sale of ice at retail only. 9. Cfflcese business or professional. 10, Radio and t- elevision shops. 11. Restaurant, cafes or cafeterias, where there is no floor Show or other form of entertainfient, 12. Schools operated as a business. 13. Shoe repaiL- shops. 14. Signs limited to signs advertising services of n_roducts offered on the premises. 15. Stores, shops and markei,s for retail t�,ades except second- hand merchandise establi s'm�ents : pr. ovided that r o merchandise shall be displayed, stored or offered for sale, on the pre - raises outside of a buildinM, or in or upon any open porch or other accessory norti -on of a bui ldin. , or outside on any open space on the -orenises. 16,, Studios 17. Accessory uses custorlarily incident to any of the above uses, purely incidental to a main activity peri,littecl on the premises, and when operated by electricity or Sas. 15., The above specified stores, shop` or business shall be retail or service er�ta.blishm.ents exclusivel,, r„ 19 I'rov icli n, further that loud speakers or amplifi-ers for breadcasting or pla 1 in,- on the outside of buildings any instrwmer_ts, music, so:n: ;s, or speeches shall be prohibitbda HEIGHT .AMID AREA REG?JLATIOI\TS„ In District B the height of the buildings, the mirim.urn demensions of lots and yards and the minimLUn lot area per family permitted on any lot shall be as follows: Height; Buildings or structures shall not exceed thirty-five (35) feet, and shall not exceed two and. one -half stories; Front Lot Linea This Front building line in District "B" shall not be less than 25 feet from the F'ront Lot Line: Side Yards: No side yard is required except that where a side lixle of a lot in this r?istric U abuts upon the silo line of a lot in Dis- trict A, a side yard of not less than five (5) feet shall be provided® Rear Yards., The depth of the rear yard shall. be at least fifteen (15) percent of the depth of the lot, but such depth need not be more than- twenty (20) feet, except that on a corner lot no rear -vard is _required" within fifty (50) feet of a side street, unless the rear lot line adjoins District A. Width. of Lot: The min:Lnum width of a lot, if used exclusively for uses enwierated in District A9 shall be the same as is provided in District AA jor other uses the width a;iay be less. The Lot Area, front, side and rear yard requirements for dwelling shall be the same as is provided in District A. 19 a- SECTTOId 15® USE RECTULATIOUS - COPdII�ll�t!;RCIAL DISTRICT In Commercial Di :strict, buildings and land may be used for any use permitted in district "Ai` and "B" and for any other use e�rcept the following uses which are expressly prohibited; (1) Bakery., using soo producir fuel (2) Blacksmith, or horse- shoeing (3) Blast furnace (4) Boiler Works (5) Bottling works, where located in a. "Community Center", or when engaged in the manufacture of alcoholic beverages ( 61 Brick, the or terra cotta. manufaeturia (7) Junk yard, bone yard, or refuse yard, whether open or closed (8) Contractor's plant or storage yard (9) Coal, coke or wood yard e>>ceeding three hundred eighty -four (384) cubic Feet in volumes and any coal, coke or wood yard less than four (4) feet from any building or property line, or where noise-producing, or cast prodlicing apnarat,is is used in connection therewith. (10) Cooperage works (11) Cotton gin (12) Dyeing or cleaning works, using soot producin- fuel (13) Garbage and refuse dumps (14) Forge plant (15) Ice plant or storage house, us in,- soot Producing fuel (16) iron, steel, brass or copper foundry (17) Laundry, when located in a comraunitv- ce2ter (18) Liver stable and riding acadeEl ies _20® (19) Oiled, rubber or leather goods manufacture (20) Planing Mill (21) Plating vlorks (22) ,ol Ling mill. (23) -Rock crusher (24) Sauer Kraut manufactn --e (25) Sausage manufacture (26) Slaughter house (27) Soap manufactl.ire (28) Stone mill or quarry (29) Stone yard or rrnonuinent works (30) Any kind of manufacture or treat-�;ient, other than the manu- _�'acture or treatment of products clearly inci0ental to the conduct of a retail business conducted on the land. (31) The sale, storage, dispensing, or otherwise handling of malt, vinous, and spiritous liquors for on -site or off -s7 to consumption, (32) Manufacture of floor-z7 eeping compound (33) Gasoline filling stations, except where a legal permit, has been authorized by the City Council of the Cit7 of Euless, Texas, for the erection,, maintenance anCk operation of the same, (34) Second -hand merchandise establishments; where merchandise is displa36a, stored or offered for sale, on the premises outside of a building, or in or upon any omen porch or other accessory portion of a building, or outside of any open space on t he premises encloses with a wall, fence or other opaque barrier less than six (6) feet in height® 1 (35) Used car sales, x.cept where a lejal permit has been author - iced by the City Council. (36) Used car junk area. - 21 - ANIK (37) Trailer camps, except where a legal permit has been AM` authorized by the City Council. (38) Tourist Camps, except where a legal permit has been authorized by the City Council. (39) Storage of rawhices or skins. (40) Providing further that loud speakers or amplifiers for broadcasting or playing on the outside of buildings any instruments, music songs or speeches shall be prohibited. (41) Nor any other business that will be noxious or offensive by reason of vibration_, noise, odor, dust, smoke or g2s. (42) Accessory uses customarily incident to any of the uses permitted hereunder. SECTION 16. SIYCTLE FAMILY DIWELLINGS IN COMMERCIAL DISTRICT; All Buildings erected in Commercial District to be used for dwelling purposes shall comply with the Height, width, Area, minimum Lot and Dwelling area per family and front, side and rear yard requirements as is herein provided in regulations in District "A". SECTION 17. HEIGHT OF BUILDINGS - COPMIRCIAL USE; Buildings and Structures shall not exceed thirty -five (35) feet and two and one -half (2L) stories in height. SECTION 36. FRONT YARD; All Buildings erected f or Commercial Use shall be constructed at a minimum depth of sixty ( 600 feet from the center line of the front street, provided that if forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is developed with buildings �dving a greater front yard depth, the average of such front yarn depth shall establish the minimum front yard depth for the entire fron- .OMI- Cage, - 22 .- cCTTCI! 1Cs ?OI3- COT +IFOI :`;TI :Cr ??SAS; (a ) The lawful use of the land existing at the ti-me of adoption of this ordinance, although such use does not conform_ to the provisions thereof, may be continued, except as pro- =id.ed otherwise in thI s ordin- ance, but if such non- conformity use is discontinued, any future use of said land shall be in conformity with the provisions of this ordinance, (b) Certificate of Occupancy for non- conforli.in uses existing at the t-_rme of the passage, amendren.t, supplement or change of this Ordin- ande shall be issued by the Building .inspector and the Certificate shall state that the use is a non - conforming use and does not conform with the provisions of this ordinance. The Building Inspector shall notify all owners and occupants of property being used as non -con_f o.n-ning uses and siad occupants shall within thirty (30) days after receipt of such notice, apply at the office of the Buiildin-- snsrector for a Certificate of Occupancy. (c) The lawful use of a building exist-ing at the titre of adoption_ of this ordinance may be continued, except as otherwise provided, al- tl•_ough such use does not conform with the provisions hereof, and such use : may be extended throughout the building, provi decl. no structural alteration except those required by law or ordinance, are made therein.° If no strut -� tural alterations are made, a non-conforming use of a building may be changed to any use permitted in the same use District as that in which the use existin; at the time of the adoption of this ordinance is permitted accord.in� to the provisions of this ordinance. Whenever a Use Di strict shall be hereafter changed, any then existing non - conforming use in such c' changed,district may be continued. o_, changed to a use is permitted, pro- vided all other regulations governing, the nelif use are complied with. When ever a. non- confo??min use of a builc`,in• has been changed to a more rest- ricted. use or a confromin use, such ase shall not thereafter be changed to a less rostricted use. - 2 3 (d) Whenever the use of any building.; has become non - conforming by virtue of a change of the Use District, such use may nevertheless be continued or may be changed to a use permitted in the Use District in which the use was located before such change, provided, all other ragula- Lions goverr_ing the new use be complied with, (3) Nothing herein shall prevent the substantial restoration within a period of twelve (12) months of a building which has been damaged by fire, explosion, flood, tornado, riot, actof the public enemy, or accident of any king, to an extent that the cost of such restoration does not exceed seventy -five percent (15 %) of the assessed valuation for tax purposes of said building immediately prior to such damage or the contin- uance of any use existing therein immediately prior thereto. (f) In Single Family Dwelling District, any non - conforming use not conducted within a building shall be discontinued within four (4) years ,� from the date this ordinance shall become effective. (g) No buildings or land or premises, where a non-conforming use is discontinued for more than ninety (90) days, or is superseded by a use permitted in the district in which it is located, shall again be de- voted to any use prohibited in such district. (h) Any existing non -- conforming "restaurant or Cafell as defined in this ordinance, in Commercial District, shall be discontinued or -made to conform to all of the requirements prescribed by this ordinance within six months after the effective date hereof. SECTION 20, CERTIFICATE OF OCCUPAIMT: (1) No vacant land shall be occupied or used, except for agricul- tural uses, and no building hereafter erected or structurally altered shall be occupied or used until a Certificate of Occupancy shall have been issued by the Building Inspector or other officer designated by the City Council. - 24 - to issue same. (2) CERTIFICATE OF OCCUPAI >CY F0-? A BUILDi TdG; Certificate of occupancy for a new building or the alteration of an existing buildin„ shall_ be applied for coincident with the application for a building per - mit and said certificate shall be issued within three (3) days after the erection, Location, relocation or alteration of such building or part thereof, shall have been completed in conformity with the provisions of these regulations. fending the issuance of a regular cert7.f ica.te, a teri.p- orary certificate of occupancy may be issued by the said. officer for a perind not exceedii-ko-, six (6) months, d irir_g the completion of alterations or during partial occupancy of a building pending its completion Such tezrporary certificate shall not be construed as in ary way alterinc, the respective rights, duties or obligations of the owners, or of the City, relating to the use or occupancy of the premises or any other matter cover- ed by this ordinance, and smch temporary certificate shall not be issued except under s�i.ch restrictions and provisions as will adequately insure the safety of the occupants, (3) CERTIFICATE OF OCCUPANCY FOR LAND., Certificate of Occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used and a. eertifa.cate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in, conformity with the provisions of these regulations. Certificate of Occupancy shall state that the building or. proposed use of a building; or land, con.plied with all the buildin, anal_ health laws and ordinances and ,,ith the provisions of these regulations. A record of all certificates shall be kept on file in tb.e officer of the City Secretary, - 25 - and copies shall be furnished, on request, to any person having D a pro prietary or tenancy interest in The building affected, (T-,To fee shall be charged. for a Certificate of Oceu.panc�r issued under this Ordinance) SECTION 21. BUILDII,TG AND USE PERMITS No permit for the construction of a building in the ar_ ea herein described as Single Family Jvell_i.ng District shall be issued by the Buil6_i ng Inspector in the City of Euless., Texas, other than a permit which will allow the cons traction. of a building permitted to be used for dwelling purposes only in accordance with the provisions of this ordinance. An appli cati on f or any other ice, e in any d istrict not specified her ein, shall be made to the Building Inspector of the City, of Euless, anc by hiln re- ferred to the Zoning Commission for a consideration and recommendation to the City Councils _dhenever such recon- mendation is filed with. the City Council by the Zoning ' orvission, such classification and recommendation shall he advisory in its nature only and the City Council shall be at liberty to ofTirr.i it or allow such constr. uction as the facts or opinion may justify, SJCTION 22. P01 ERS AND DUTIES OF T1a' BOA711) OF ADJUc^hIM-FT: The Board of Adjustment nzazr, in appropriate cases and subject to appro-priate conditions and safeguards, make special e <aceptioi: s to the terms of the Ordinance in harmony with its general purpose and intent and in accordance with ,general or specific rules herein contained, The Board shall adopt rules in accordance zir-ith the provision: of this Ordinance. i,feetings of the Board shall be held at the call of the cha9_rnian and at such other times as the Board riay determine. Such Chai_r- man or .n his absence the acting charinan, may administer oaths and compel the attendance of witnesses, All meetin`;s of the Board shall be oper to 2F, the public. The Doard shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Appeals to the Board may be taken by any person aggrieved, or by any c p€'fic:er, department, board, or bureau of the City- of Fuless, affected within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is ta!ren and with the Board a notice of appeal specif - ring the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the -Board all the papers con- stituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action_ appealedfrom, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. in such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hear- ing of the appeal, give public noi:ice thereof, as well as due notice to the parties in interest, and decide the same within a .reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Board shall have the following powers - 27 1, To hear and decide appeals where it is alleged that is error in an order, requircraent, decision, or determination made by an administrative official in the enforcement of this ordinance 2. To rear and decide special eucertions to the ter_rns of this Ordinance upon which the Board is required to pass under the provisions of this Ordinance, 3, To authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest-, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result ir. unneccessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done, 4, To grant a permit for a temporary building for commerce in a dwell.in, district which is incidental to the dwelling development, said nerr�dt to be issued for ^ period of not more then one year. In exercising the above mentioned po,�rers, such Board may reverse or affirm, wholly or partly, or may modify the order requirement, decision, or deterzr..inatioia appealed from and may make such order, requirement, de- c7 sion, or determination as ot4ht to be made, and to that end shall have all powers of the officer from who:,11 the appeal is taken, The concurring vote of four members of the Eoard shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decade in favor of the appli cant on any rnaL-ter upon which it is required. to pass under this Ordinance, or to effect 28 :� any variation_ in th-,. ordinance. Any per. son or - persons, jointl;�r or severally aggr. ieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, depart- ment, board, or bureau of the municipality, may present to a court of .re- cord a petition, duly verified, settinZ. forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such pea tition shall be presented to t1,o court within ten days Sf ter the filing of the decision in the office of the Board, Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the t•i_Re within which a return thereto must be made and served upon the relator is attorney, which shall not be less than ten pays and may be extended by the court" The allowance of the writ shall not stay nroceedin_gs upon the decision appealed from, but the court rnay, on application, on notice to the Board and on due cause shown, grant a restraining order,. The Board of Adjustment shall not be required to return the ori- ginal papers acted upon by it, but it shall be sufficeint to rei_,urr, cent, fied or sivorn copies thereof or of such portions thereof as may be called for by such writ.. The return shall concisely set forth such other facts as may be perti. nent and material to show the grounds of this decision appealed from and shall be verified. if, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evi- den.ca or appoint a, referse to take such evidence as it may direct and re- port the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the do- - 09 - termination of the col_ .irt shall be made. The court -clay reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that It acted with gross negligence, or in bad. faith, or with malice in making the decision appealed from. All issued in any proceeding under this section shall have pre- 'D ference over all other civil actions and proceedings S ,'-'Tnw 23, COI+TILHTIO�i OF BUILDTNG: Nothing herein contained shall require any o'L ange in the plans, construction or designated use of a building actually under construction at the time of the passage of this ordinance and vriiich entire building shall be completed within 90 days from the date of the passage of this ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been here- tofore issued and which entire building shall be completed within 90 days from the date of this passage of. this ordinance. If an amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to building or prernises existing. or buildings under construction or buildi ncr permits issued at the time of the passage of this ordinance shall apply to building or premises existing or buildings under construction or building permits issued in the area affected by such amendment at the time of the massage of such amendment SECTION 24. PERALTY: Any person, fire or corporation violating any of the nro�,isiO -js of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sun not more than One Hundred Dollars �v100.00); each day such violation continues shall constitute a separate offense. But in case any buildil or structure is erected, constructed re- - 30 constructed, altered, repairdd, converted or maintained, or any building, structure or land is used in violation of the general law or of t'lm terms of this ordinance, the City of E less, 1_n addition to imposing the penalty above provided, may institute any appropriate action or proceedings in court to p-revont such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to _restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land: and the definition of any violation of the teens of this ordinance as a anisdemeanor, shall not preclude the City of Euless from involving the civil. rer!edies given it by law in such cases, but same shall be cumulative of and in addition t o the penalties prescribed for st;ch violation. SECTION 25. VALIDITY OF ORDII`lANCE: If any section, paragraph, subdivision, clause, phrase or provision of t..1is ordinance sh211 be adjudged inlYalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or -a — pare or provisions thereof othar than the part so d eeided to be invalid or unconstitutional, SECTION 26. CU`rULATIVE; This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of City of Euless, Texas, affectir_g erection and consti^tZCtion of buildings and structures in the City, an(?_ shall not repeal or affect any such ordinances, except 4nsofar, as the provisions of such ordinance, or ordinances, are inconsistent or in conflict with the pro - visions of this ordinance, in :rhich instance, or instances, those provisions shall be and they are hereby repealed. - 31 r, :SECTION 27. EFFECTIVE DATE: The ordinance shall take effect and be in full force and effect from and after the date of its adoption and publication as provided by law. ADOPTED this 18 day of April A.D. 1955, ATTEST,., (J. , e /, , 61�i. 7TY SECRETARY APPROVED; - 32 - MAYOR : §E Ek _^ [§ §$ �® �$ z! !. ,< °i /§ Em \ %22(x. $]/| | §(� 2: >..