HomeMy WebLinkAbout1917 06-28-2011 ORDINANCE NO. 1917
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING
ARTICLE III "NONCONFORMANCE" OF CHAPTER 84 "UNIFIED
DEVELOPMENT CODE" TO PROVIDE FOR AN EXEMPTION FROM
DEVELOPMENT REGULATIONS WHERE NONCOMPLIANCE WITH
THE REGULATIONS IS CAUSED BY ACQUISITION OF RIGHT-OF-
WAY BY A GOVERNMENTAL AGENCY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless has adopted a Unified
Development Code, Codified as Chapter 84 of the Code of Ordinances of the City of
Euless, which provides for the establishment of zoning districts in order to regulate the
location and use of buildings, structures and land for trade, industry, residence and
other purposes; and
WHEREAS, the City Council desires to amend the regulations for nonconforming
uses to provide for the continuance of uses made nonconforming by the acquisition of
right of way by governmental agencies; and
WHEREAS, the Planning and Zoning Commission held a public hearing on June
21, 2011, and the City Council held a public hearing on June 28, 2011, with respect to
the amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, and all other laws dealing with notice, publication and
procedural requirements for the amendment of the Unified Development Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
All of the findings contained hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION 2.
Section 84-52 of Article III "Nonconformance" of Chapter 84 "Unified
Development Code" Code of Ordinances be, and the same is, hereby amended to read
as follows:
Section 84-52. Recognition of nonconformity.
(a) A nonconforming status under the provisions of this chapter shall exist
under the following circumstances:
(1) Pre-existing to chapter. (A nonconformity shall exist) when a use or
structure which does not conform to the regulations prescribed for
the district in which such use or structure is located, was in
existence and lawfully constructed, located and operating on the
effective date of this chapter and has since been in regular and
continuous use.
(2) Pre-existing at annexation. (A nonconformity shall exist) when a
use or structure, which does not conform to the regulations
prescribed in the district in which such use or structure is located,
was in existence and lawfully constructed, located and operated at
the time of annexation to the city and has since been in regular and
continuous use.
(b) Right-of-way acquisition by governmental agency.
(1) Definitions. As used in this subsection, the following terms shall
have the respective meanings ascribed to them:
a. Building Official shall mean the building official of the City of
Euless, Texas or his designee.
b. City Manager shall mean the city manager of the City of
Euless, Texas or his designee.
c. Damages to the remainder shall mean the diminution or
reduction of value of the remainder property suffered as a
result of the acquisition of portion of a property for public
right of way.
d. Governmental agency shall mean the United States of
America, State of Texas, County of Tarrant, City of Euless,
or any other governmental agency with the power to acquire
property through the exercise of eminent domain under
federal or state laws.
e. Right-of-way acquisition shall mean the securing of right-of-
way through negotiation, purchase, bargain, trade, donation,
eminent domain, or other means but not including the
dedication of right-of-way through the platting or zoning
processes.
(2) Exemption from Nonconforming Status.
a. Except as otherwise provided in this section, in the event a
right-of-way acquisition by a governmental agency causes a
property or its existing improvements to be in violation of
Ordinance No. 1917,Page 2 of 6
then existing development provisions of the Unified
Development Code, the City Manager is authorized to
exempt the property from the provisions of the Unified
Development Code to the extent the violation is caused by
the right of way acquisition, subject to the provisions set forth
in this section. Upon approval of such exemption, the
property shall be considered to be in conformity with the
development regulations of the Unified Development Code
and shall not be subject to the provisions of this article
regarding registration, termination, changing or other
limitations on nonconforming uses.
b. The owner of property eligible for exemption under this
subsection may apply to the City Manager for approval of an
exemption. The City Manager may grant an exemption, in
whole or in part, from the requirements of otherwise
applicable development regulations, after taking into
consideration the following factors:
1. Whether the benefits to the public from exempting the
property from the development regulations outweigh
any adverse effects that might be caused by
noncompliance with such regulations;
2. Whether the exemption will cause the property to be
inadequately served by utilities, road access,
drainage and other necessary supporting facilities;
3. Whether the location and arrangement of all public
and private streets, driveways, parking spaces,
entrances and exits provide for a safe and convenient
movement of vehicular and pedestrian traffic without
adversely affecting the general public or the use of
adjacent properties;
4. Whether the approval of the exemption will impede
the normal and orderly development and
improvement of neighboring vacant property;
5. Whether the use of the property will be compatible
with and not injurious to the use and enjoyment of
neighboring property, nor significantly diminish or
impair property values within the vicinity;
6. Whether there is sufficient landscaping and screening
to ensure harmony and compatibility with adjacent
properties;
Ordinance No. 1917,Page 3 of 6
7. Whether the property remaining after the right-of-way
acquisition is reasonably configured to allow
compliance with the applicable development
regulations that are not covered by the exemption;
8. Whether the owner of the property has made
reasonable efforts to meet the development standards
applicable to the property;
9. Whether the cost to bring the property into
compliance would be unreasonable compared to the
benefits that would be gained from doing so.
c. In approving an exemption under this subsection, the City
Manager may place reasonable terms, conditions, or
limitations on the exemption as deemed necessary to protect
the public health, safety or welfare or that otherwise limit the
adverse impact of the property. The City Manager may
revoke an exemption if he determines that the property fails
or has ceased to be in compliance with any terms, conditions
or limitations that are placed on the exemption.
d. In granting an exemption under this subsection, the City
Manager may authorize the relocation of existing signs that
were in compliance with City sign regulations prior to the
acquisition of the right-of-way but are required to be moved
because of their location within the acquired right-of-way.
The City Manager shall determine a location on the property
for the relocation of the signs that minimizes the impact of
the signs on traffic safety, aesthetics, and the use and
enjoyment of adjacent properties.
e. Property shall not be eligible for exemption under the
following circumstances:
1. Zoning change. An exemption shall not be valid on
property that undergoes a zoning change initiated by
the property owner subsequent to the right-of-way
acquisition; instead, the property shall have a non-
conforming status to the extent that any
nonconformance with city ordinances resulted from a
right-of-way acquisition by a governmental agency
prior to the rezoning, and shall be treated as a
nonconforming use or structure pursuant to the
provisions of Article III "Nonconformance" of the
Unified Development Code. A zoning change initiated
by the City shall not cause property to lose the
exemption provided by this subsection.
Ordinance No. 1917,Page 4 of 6
2. Compensation for noncompliance. The exemption
shall not apply to property if the right-of-way
acquisition is determined to render the remainder of
the property unusable pursuant to agreement with the
governmental agency or judicial determination, and
the governmental agency compensates the property
owner for the damage to the remainder. Where such
compensation is provided, the property owner is
responsible for any curative measures necessary to
bring the property into compliance with the
development regulations of the Unified Development
Code.
3. Safety hazard. An exemption shall not be granted to
any development regulation if doing so would create a
traffic safety hazard or other life safety hazard on the
property or adjacent thereto.
f. The approval or denial of an exemption by the City Manager
may be appealed, in whole or in part, to the Board of
Adjustment in accordance with the procedures set forth in
Section 84-27.
g. Property not eligible for an exemption under this subsection
may still be eligible for a variance under the procedures set
forth in Section 84-27.
(c) Process to be followed if property is in Noncompliance.
(1) For property in which an exemption is not granted, the City
Manager, Building Official or other authorized city official is
authorized to:
a. Provide notice to any affected property owner, lien holder,
and/or certificate of occupancy holder, listing any items of
noncompliance;
b. Revoke a certificate of occupancy of any building or
structure for noncompliance with a code, ordinance, or
regulation; and
c. File an affidavit in the Tarrant County Deed Records noting
the item(s) of noncompliance, and that a certificate of
occupancy shall not be reissued until such noncompliance is
cured. Once the property and its improvements are brought
into full compliance with all applicable ordinances of the City,
Ordinance No. 1917,Page 5 of 6
an affidavit shall be filed in the Tarrant County Deed
Records noting such compliance.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Euless, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections 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 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.
SECTION 5.
This Ordinance shall become effective from and after its date of passage in
accordance with law. The provisions of this Ordinance shall apply to any right-of-way
acquired by a governmental agency on or after January 1, 2011.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 28th day of June 2011, by a vote of
7 ayes, o nays, and o abstentions.
APPROVED:
044 k‘u
Mary Lill aleh, Mayor
ATTEST:
usan Cri , TRMC, City Secretary
APPROVED AS TO FORM:
(110 ■
Wayne K. !son City Attorney
tY Y
Ordinance No. 1917,Page 6 of 6
INVOICE
Star-Telegram Customer ID: CITO9
400 W.7TH STREET Invoice Number: 316589341
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/2/2011
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 7/31/2011
Bill To: PO Number:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR Order Number: 31658934
EULESS, TX 76039-3543 Sales Rep: 073
Description: CITY OF EULESS 0
Attn: ACCOUNTS .PAYABLE Publication Dates: 7/1/2011 -7/2/2011
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CITY OF ELAN O OF '*` arY OF I3580 1 38 38 LINE $3.10 $235.28
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AN EFFECTIVE •ATE. e
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THE STATE
APPROVED:r Lib Saleh,Mayor '''/i� tn3ti a1,2```
County of T ATTEST:
Susan CHIN,TRAtC,CIty Secretary
MPWAW• AS TO FOR?*
Before me, /s/Wayne IC Olson,CRy Attorney unty and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for
the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the attached clipping of an advertisement was publishe • the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)215-2323 � ��11 ii
Signed s„_CC,, 1J� �� \•k‘.), (X &
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Jul '5 2 11.
Notary Public riL� -1. - r, ./ _
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: 316589341
Invoice Amount: $25.80
PO Number:
Amount Enclosed: $� 45--, to