Loading...
HomeMy WebLinkAbout758 09-27-1983ORDINANCE NO. 758 AN ORDINANCE AMENDING ORDINANCE 347, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS, BY INSERTING A NEW ZONING DISTRICT AND OTHER NECESSARY PROVISIONS FOR THE ACCOMMODATION OF SINGLE FAMILY ATTACHED DWELLING; DELETING PROVISIONS FOR SAID USE FROM THE "R -2" ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATION THEREOF AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the request of the Planning and Zoning Commission concerning the creation of a new zoning district for the provision of single family attached dwelling separated from the existing "R -2" district; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the suggested changes herein made, which public hearing has been duly held; and WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of Euless; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: That Section 3 -100, "OFFICIAL ZONING MAP; ZONING DISTRICT LISTING ", of the Comprehensive Zoning Ordinance, be amended to read as follows: 3 -100 OFFICIAL ZONING MAP. The City of Euless is hereby divided into twelve (12) zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: ZONING DISTRICTS ABBREVIATED DESIGNATION ZONING DISTRICT NAME 11R -1" Single Family Dwelling District "R -IA" Single Family Attached Dwelling District 11R -2" Two Family Dwelling District "R -3" Low Density Multiple Family Dwelling District 11R -4" Medium Density Multiple Family Dwelling District 11R -5" High Density Multiple Family Dwelling District 1IC -1" Neighborhood Business District "C -2" Community Business District "L -1" Limited Industrial District "I -1" Light Industrial District 11I -2" Heavy Industrial District "MH" Mobile Home Dwelling District "SP" Specific Use Permit District "PD" Planned Development District II. That Section 5, "PURPOSE OF ZONING DISTRICTS ", of the Comprehensive Zoning Ordinance, be amended by inserting the following subsection: 5 -101.5 "R-IA", Single Family Attached Dwelling District: This district is intended to be composed primarily of single family dwelling units attached on one side to another single family dwelling unit. It is intended to offer the opportunity for the ownership of a single dwelling, with its corresponding lot, that is attached to another. Such developments offer the ability to develop at a higher density without altering the ethics of a single family development nor unduly limiting such developments to rental units. IIl. That Section 7, 'REGULATIONS APPLICABLE TO SPECIFIC DISTRICTS ", of the Comprehensive Zoning Ordinance, be amended by inserting the following subsections: 7 -150 "R -IA" Single Family Attached Dwelling District: The "R -IA" Single Family Attached Dwelling District shall be subject to all ordinances and regulations applicable to the "R -1" Single Family Detached Dwelling District except as herein provided. 7 -151 Uses Permitted (1) Any use permitted in an "R -1" Dwelling District. (2) Two (2) Single Family Attached Dwellings. (3) Accessory buildings. (4) Home occupations (See Section 7 -1300 (21)). (5) A one family garage apartment is permitted when located not less than eighty (80) feet from the front line, nor less than five (5) feet from either side line, provided, however, that all accessory buildings including the one - family garage apartment shall occupy in excess of fifty (50) percent of the minimum required rear yard in the case of a one -story building or forty (40) percent in the case of a two -story building. A one - family garage apartment shall not be permitted in conjunction with another dwelling on the same lot designed for more than two families. ORDINANCE NO. 758 , PAGE TWO OF SEVEN 7 -152 Area Requirements (1) Front Yard. There shall be a front yard for every structure in the "R -IA" Dwelling District having a depth of not less than twenty -five feet (25') from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space. (2) Rear Yard. There shall be a rear yard for every structure in the "R -IA" Dwelling District which shall have a depth of not less than fifteen feet (15') measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the centerline of such alley. (3) Side Yards. There shall be one (1) side yard for each Single Family Attached Unit in the "R -1A" Dwelling District, one on each side of such structure. No side yard shall be less than ten feet (109. No covered porch, covered terrace, or attached accessory building shall project into required side yard, except for ordinary projections of sills, belt courses, cornices, etc.; but in no case shall any such projection exceed twenty -four inches (24 "). (4) Lot Area. The minimum area of any lot used in the "R -IA" Dwelling District shall be 3,750 square feet. (5) Lot Widths. The minimum lot width shall be thirty -two feet (32') at the required building line. (6) Lot Coverage. The combined area of the main building and accessory buildings shall not cover more than fifty percent (50 %) of the total area of any lot in the "R -1A" Dwelling District. (7) Exterior Construction Requirements. All dwellings and accessory buildings erected in the "R -1A" Dwelling District shall have eighty percent (80 %) masonry veneers on all exterior wall elevations, except the rear exterior wall elevation. The required eighty percent (80 %) masonry veneer requirement shall be calculated by finding eighty percent (80 %) of the area that describes the exterior wall elevation, exclusive of windows and doors and inclusive of any appendages to the wall. (8) Interior Construction Requirements. The common walls in any single family attached dwelling shall be constructed as a double wall unit that meets a two (2) hour fire rating and has an approved soundboard integrated between wall studs that are staggered and offset along either side of such soundboard. Such double wall unit shall be constructed in its entirety to the roof deck and shall meet the requriements of the Euless Building Code. (9) Floor Area. Every single family attached dwelling unit erected, constructed, or altered in the "R -1A" Dwelling District shall have a floor area, excluding basements, open or screened porches, and garages, of not less than 1,100 square feet for each family. ORDINANCE NO. 758 , PAGE THREE OF SEVEN 7 -153 Height ,Limit No building in the "R -1A" Dwelling District shall exceed the height of thirty -five (35) feet or two and one -half (2 1/2) stories; however, one family detached dwellings may be increased in height not more than ten (10) feet when two side yards of not less than fifteen (15) feet each are provided. 7 -154 Off - Street Parki There shall be provided in connection with every use permitted in the "R -1A" Dwelling District, off - street parking area in accordance with the provisions established for the R -2 District in SECTION 8. 7 -155 Signs Permitted signs in the "R -IA" Dwelling District shall be the same as for the R -2 Dwelling District, as specified by the regulations of SECTION 9. 10 That Section 7 -200, "R -2, TWO - FAMILY DWELLING DISTRICT ", of the Comprehensive Zoning Ordinance, be amended by striking out all provisions concerning "Single Family Attached Dwellings ", re- numbering and amending the remaining subsections to read as follows: 7 -200 "R -2" TWO FAMILY DWELLING DISTRICT: The following uses shall apply in all "R -2" Two Family Dwelling Districts: 7 -201 Uses Permitted (1) Any use permitted in an "R -1" Dwelling District. (2) Single- family attached dwellings. (3) Two - family dwelling (duplexes). (4) Accessory buildings. (5) Home occupations (See Section 7 -1300 (20). (6) A one family garage apartment is permitted when located not less than eighty (80) feet from the front property line, nor less than five (5) feet from either side property line, provided, however, that all accessory buildings including the one family garage apartment shall not occupy in excess of fifty (50) percent of the minimum required rear yard in the case of a one -story building or forty (40) percent in the case of a two -story building. A one family garage apartment shall not be permitted in conjunction with another dwelling on the same lot designed for more than two families. ORDINANCE NO. 758 , PAGE FOUR OF SEVEN 7 -202 Area Requirements (1) Front Yard. There shall be a front yard for every structure in the "R -2" Dwelling District having a depth of not less than twenty -five (25) feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space. (2) Rear Yard. There shall be a rear yard for every structure in the "R -2" Dwelling District which shall have a depth of not less than fifteen (15) feet measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the centerline of such alley. (3) Side Yards. There shall be two (2) side yards for each duplex in the "R -2" Dwelling District, one on each side of such structure. No side yard shall be less than five (5) feet. No covered porch, covered terrace, or attached accessory building shall project into required side yard, except for ordinary projections of sills, belt courses, cornices, etc.; but in no case shall any such projection exceed twenty -four (24) inches. (4) Lot Area. The minimum area of any lot used for duplexes in the "R -2" Dwelling District shall be 7,500 square feet. (5) Lot Width. The minimum lot width shall be sixty -five (65) feet at the required building line. (6) Lot Coverage. The combined area of the main building and accessory buildings shall not cover more than fifty (50) percent of the total area of any lot in the "R -2" Dwelling District. (7) Construction Requirements. All dwellings and accessory buildings erected in the "R -2" Dwelling District shall have eighty percent (80 %) masonry veneers on all exterior wall elevations, except the rear exterior wall elevation. The required eighty percent (80 %) masonry veneer requirement shall be calculated by finding eighty percent (80 %) of the area that describes the exterior wall elevation, exclusive of windows and doors and inclusive of any appendages to the wall. (8) Floor Area. Every two family dwelling hereafter erected, constructed or altered in "R -2" Dwelling District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 850 square feet for each family. 7 -203 Height Limit No building in the "R -2" Dwelling District shall exceed the height of thirty -five (35) feet or two and one -half (2 1/2) stories, however, one family detached dwellings may be increased in height not more than ten (10) feet when two side yards of not less than fifteen (15) feet each are provided. ORDINANCE NO. 758 , PAGE FIVE OF SEVEN 7 -204 Off- Street Parking There shall be provided in connection with every use permitted in the "R -2" Dwelling District, off - street parking area in accordance with the provisions of SECTION 8. 7 -205 Signs Permitted signs in the "R -2" Dwelling District shall be in accordance with the regulations in SECTION 9. MA 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 unconstitutional by the valid judgment or decree of any court or competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. VI Penalty for Violation. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two Hundred Dollars ($200.00), and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 347, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. VII. Effective Date. This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a called meeting of the Euless City Council on the 13th day of September—, 1983, by a vote of 5 ayes, 0 nays, and 0 abstentions. ORDINANCE NO. 758 , PAGE SIX OF SEVEN QIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless' City Council on the 27th day of S.t'ntemberr , 1983, by 2 vote 'of -ayes, nays, and e abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: w Kay Rai y, 19ity Secre ry APPROVED S TO FORM: Will: 1�1111� APPROVED AS TO CONTENT: James Knight, City Engineer ORDINANCE NO. 75X , PAGE SEVEN OF SEVEN