HomeMy WebLinkAbout881 04-22-1986NO. 881
AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME
BEING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF EULESS, TEXAS, BY AMENDING
SECTION 9 -300 THEREOF TO PROVIDE FOR CITY
COUNCIL APPROVAL OF EXCEPTIONS UPON CERTAIN
CIRCUMSTANCES AS TO DISTANCE SEPARATION
BETWEEN POLE AND GROUND SIGNS; PROVIDING A
PENALTY FOR VIOLATION; PROVIDING A SEVERA-
BILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, provisions of the Euless Zoning Code regulating the
location, type, size, height and placement of advertising signs
within the City require a minimum separation as between pole and
ground signs; and
WHEREAS, there is no provision for any exception to such spacing
requirements; and
WHEREAS, the City Council believes that occasion may exist where
the unique size, shape and configuration of a parcel or tract of
land within the City may create a need for the grant of a special
exception to such spacing requirement; and
WHEREAS, the City Council desires to make provision for City
Council review and grant of special exception to such spacing
requirement in unique and unusual circumstances and to provide a
procedure for the application, presentment and grant thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS.
SECTION 1
Subsection (10) of Section 9 -300 of the Euless Zoning Code is
herewith amended to hereafter be and read as follows:
11(10) All pole and ground signs shall not be
constructed within 100 feet of another such
sign except upon special exception granted by
resolution of the Euless City Council when it
is determined by the Council that such
spacing and separation requirement would
result in an unnecessary hardship
to the applicant and where such special
exception would be necessary to permit a
specific parcel of land which differs from
other parcels of land within the immediate
area by being of such restricted area, street
frontage, shape or slope that signage of the
desired use could not otherwise adequately be
made under the provisions of this Section.
Such special exception, if granted, may be
conditioned as the City Council shall deem
appropriate, which conditions may include,
without limitation thereto, restrictions upon
type, size, height, facing area, permitted
period, use or otherwise and shall run with
such exception. The City shall establish
such application fees, application forms and
submission requirements as may be necessary
or appropriate for compliance herewith."
ORDINANCE NO. 881, PAGE TWO OF FOUR
SECTION 2
PENALTY FOR VIOLATION. Any person, firm or corporation violating
any of the terms and provisions of this ordinance shall be deemed
quilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not to exceed One - thousand Dollars ($1,000).
Each such violation shall be deemed a separate offense and shall
be punishable as such hereunder.
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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phra-
ses, clauses, sentences, paragraphs and sections of this ordi-
nance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconsti-
tutional phrase, clause, sentence, paragraph or section. '
SECTION 4
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 GIVEN FIRST READING at a regular meeting of the
Euless City Council on the 8th day of April, 1986, by a vote of 3
ayes, 0 nays, and 0 abstentions.
ORDINANCE NO. 881, PAGE THREE OF FOUR
GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting
of the Euless City Council on the 22nd day of April, 1986, by a
vote of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
1 n
Harold D. Samuels, Mayor
ATTEST:
Kay Rai ey, City Sqc, etary ,
APPROV AS TO FORM:
City Attorney
ORDINANCE NO. 881 , PAGE FOUR OF FOUR