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HomeMy WebLinkAbout959 02-23-1988ORDINANCE NO. 959 AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS, TO PROVIDE PROCEDURES FOR SPECIFIC USE PERMITS ON CITY COUNCIL APPROVAL ONLY AND SPECIFICALLY FOR SUCH SPECIFIC USE PERMITS FOR THE SALE OF CERTAIN USED GOODS AND MERCHANDISE IN SPECIFIED NON — RESIDENTIAL ZONING DISTRICTS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the Euless City Council to modify its existing zoning ordinances and procedures thereunder pertaining to the granting of certain Specific Use Permits by the City Council and so as to provide specifically for the sale of certain used and second hand merchandise and goods in certain non — residential zoning districts upon application for such a Specific Use Permit to the City Council only, which Specific Use Permits may be granted upon such terms and conditions as may be established by the City Council in a resolution authorizing such Specific Use Permit; and WHEREAS, the Comprehensive Zoning Code of the City of Euless, Texas, does not now authorize such Specific Use Permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS. I. Section 7 -1002 of Ordinance No. 347, is herewith amended for the addition of the following new subsection (63) to he and read as follows: USE (63) Sale of used and/or second hand merchandise or goods provided that all items for sale are displayed entirely within an enclosed building. PERMISSIVE DISTRICT By Special Resolution of the City Council in C -2, L -1, I -1, I -2 and non — residential PD areas zoned to permit uses allowed in the above zoning districts and upon such conditions and limitations as may be imposed by the City Council in such Resolution. Section 7 of Ordinance No. 347, same being the Comprehensive Zoning Code of the City of Euless, Texas, is herewith amended also by the addition of the following new Section 7 -1003 to be and read as follows: 7 -1003 Conditions for Approval of a Specific Use Permit by Approval of City Council Only. Anything contained in Section 7 -1000 and 7 -1001 to the contrary notwithstanding, where Section 7 -1002 provides for a Specific Use Permit by approval of the City Council or by special resolution of the City Council only, it shall be by petition as provided in Sections 16 -100 and 16 -101 hereof, which petition shall be submitted directly to the City Council for consideration upon an agenda of a regular or special meeting thereof. The Planning and Development Department of the City of Euless, Texas, may require that the applicant's plans and data concerning the operation, location, function, and characteristics of any use of land or building so proposed be submitted prior to City Council's consideration of such application. The City Council may, in the interest of the public welfare and to assure compliance with the grant of such Specific Use Permit, require such development standards and operational conditions and safeguards as it shall deem necessary to be important to the welfare and protection of adjacent property and the community as a whole. The City Council may further require a site plan setting forth the conditions specified which may be required of the applicant and such plan, when accepted, shall be made a part of the Specific Use Permit. A Specific Use Permit which is subject to approval only by the City Council shall not be considered as an amendment to the Zoning Ordinance applicable to the property involved, but shall be considered a permit for such specific use under the terms and conditions granted, unique to the applicant, and shall extend only to such applicant for so long as such applicant, and only such applicant, engages in such permitted use under a Certificate of Occupancy, so conditioned for such permitted special use, at the location and premises authorized. II Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. W. 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 ORDINANCE PROVIDING SPECIFIC USE PERMITS FOR USED AND SECOND HAND GOODS Page 2 ORDINANCE NO. 959 PAGE 2 OF 3 any court of 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. V. Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article 1I, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. CIS 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 on the 23rd day of February , 1988, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes, 0 nayes and 0 abstentions. APPROVED: Harold Samuels, Mayor ATTEST: ; Kay Rainey, City Secretary' ARR S TO F RM- Bob McFarland, City Attorney MRM:0070a:msl:21088 ORDINANCE PROVIDING SPECIFIC USE PERMITS FOR USED AND SECOND HAND GOODS Page 3 ORDINANCE NO. 959 PACE 3 OF 3