City of Euless, TX Generally

Editor's Note–Table 4-A. Permitted Primary Uses is included as an attachment to this chapter.

Special conditions. The following describe the special conditions under which certain uses may be permitted in a zoning district when reference is made to one or more of said subsections in Table 4-A of this Code. No construction or occupancy shall commence for any permitted use with special conditions until all of the required conditions have been met.

(a)

Accessory buildings.

An accessory building may be erected as an integral part of or detached from the main building. It may also be connected by a breezeway or similar structure. An attached accessory building shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Code applicable to the main building.

(b)

Accessory buildings.

Private garages and servant’s quarters are permitted as accessory buildings on a residential lot subject to the following:

(1)

The accessory building is located behind the main structure or no closer than 80 feet from the front property line.

(2)

The accessory building is located no closer than three feet to any other property line and behind any applicable building line.

(3)

The accessory building is not located within any easement unless the building is portable and written permission has been given by the easement holder.

(4)

The maximum height of the structure does not exceed eight feet when located three feet from the property line and provided the height may be increased at a rate of one additional foot per two additional feet of setback provided.

(5)

The floor area of the accessory building does not exceed 50 percent of the minimum required rear yard in the case of a one story building or 40 percent of the minimum required rear yard in the case of a two story building.

(6)

An accessory building used as a garage, carport or off-street parking of any vehicle must strictly comply with parking requirements specified in article V of this chapter.

(7)

An accessory building used for servant’s quarters shall not be leased or rented to anyone other than a family member of a bona fide servant devoting 50 percent of said servant’s time to the family occupying the premises.

(8)

Such accessory buildings shall not be used for commercial or part time business uses.

(9)

The city manager may authorize the construction of a carport or similar covered structure where necessary to accommodate an automobile installed with handicap accessible adaptive equipment utilized by a person with a severe physical disability. Authorization shall be granted on a case by case basis based on the existence of conditions that require special access needs that are created by the severe physical disability. Prior to granting authorization, the city manager shall determine: i) that no other reasonable alternative exists to provide necessary access; ii) that the structure will not unreasonably interfere with the use and enjoyment of adjacent properties, nor significantly diminish or impair property values within the vicinity; and iii) whether special conditions and requirements should be placed on the construction of the structure to ensure compatibility with adjacent properties. The structure shall be removed if the applicant’s physical condition that necessitated the request ceases to exist or the applicant no longer resides in the home. A structure that no longer complies with these conditions shall be deemed to be an illegal use and shall not be grandfathered under nonconforming use regulations. If approval of a structure is granted, an affidavit shall be filed in the Tarrant County Deed Records noting the conditions under which the approval was granted. A “severe physical disability” is a condition which seriously limits two or more functional capacities such as mobility, communication, self care, self direction, or work skills.

(c)

Automobile service centers.

Automobile service centers, when designed and developed as an integral part of a larger planned shopping center, provided that such service centers shall be secondary to the retail function of the larger center and that appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be served.

(c-1)

Churches and other places of worship.

Churches and other places of worship located on land zoned for one-family or two-family dwelling purposes shall be located on a lot of not less than 50,000 square feet and not more than five acres and any structure thereon, other than an accessory building, that is located within 25 feet of land zoned for one-family or two-family dwelling purposes shall be limited to a single story in height with a maximum height of 35 feet provided all front, side and rear yards required are increased an additional one foot for each vertical foot the building exceeds 25 feet in height.

(d)

Colleges, universities and professional schools.

Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical, or religious education, and not operated for profit, are subject to the following conditions:

Any use permitted herein shall be developed only on sites of at least 40 acres in area.

All ingress to and egress from said site shall be directly onto a major thoroughfare.

(e)

Common open space.

There shall be a minimum of 600 square feet of usable common open space per dwelling. Common open space must be usable for recreational activities and shall be assembled in contiguous areas of not less than 10,000 square feet.

(f)

Common wall construction.

Common walls shall be constructed as a double wall unit that meets a minimum two-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 requirements of the city’s current building codes.

(g)

Crops/livestock.

Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale sales activities are conducted on the premises, and provided that no livestock shall be kept any closer than 100 feet from any building located on adjoining property that is used for human habitation or within an area of less than 1/2 acre per animal.

(h)

Day care centers.

Nursery schools and child care facilities (not including dormitories); provided that for each child cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area.

(i)

Golf driving ranges.

(1)

The site plan shall show the layout of the property and indicate the location of all driving ranges, putting greens, fences and structures.

(2)

Accessory uses shall be limited to a refreshment stand, a maintenance shed, a miniature golf course and a pro shop.

(j)

Eating establishments.

The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food.

(k)

Food stores.

No establishment in a “C-1” district may occupy more than 5,000 square feet of gross floor area.

(l)

Garage apartment.

Garage apartments that are occupied by family members of the occupant of the principle dwelling and that meet all yard, open space, and off-street parking requirements are permitted. A garage apartment shall not be occupied by more than one family or be permitted in conjunction with another dwelling on the same lot designed for more than two families. Second floor garage apartments shall be set back two additional feet for every foot in height that the structure exceeds 20 feet (inclusive of roof) in height.

(m)

Golf courses.

Golf courses, either public or private, subject to the following conditions:

The site shall be planned so as to provide all ingress and egress directly to or from a major thoroughfare.

The site plan shall be laid out to achieve a relationship between the major thoroughfares and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any residentially zoned property, provided that where topographic conditions are such that buildings would be screened from view, the commission may modify this requirement.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height and entry shall be by means of controlled self-locking gate.

(n)

Home occupations.

Occupations or activities clearly incidental and subordinate to the use of the premises for dwelling purposes maybe conducted within a dwelling unit; provided that:

(1)

Orders previously made by telephone or at a sales party may be filled on the premises; other merchandise cannot be offered for sale on the premises.

(2)

Stock in trade or commodities can be maintained if used in the production of a product.

(3)

Family members residing on the premises can be employees, others not permitted.

(4)

Advertising, signage, or other exterior identification of the home occupation is not permitted.

(5)

Exhibits or display of services, goods, wares or merchandise will be permitted on the premises unless they are visible from any private street or public right-of-way, or adjacent property.

(6)

Equipment may be used unless it creates offensive noises, vibrations, sound, smoke, dust, odors, heat, glare, X-ray, or electrical disturbance to radio or television.

(7)

Motor vehicles registered to the occupant of the property, may be repaired on site unless it is a racing vehicle. Other motor vehicle repairs are not permitted.

(8)

Home occupations will be conducted within the living portion of the dwelling unit or its garage. Accessory buildings or detached structures shall not be used in conjunction with the home occupation.

(9)

Customers or clients are allowed only at the dwelling unit from 6:00 a.m. through 9:00 p.m. except day care.

(10)

Day care for compensation is allowed for not more than five children under the age of 16 years or for no more than two adults or elderly, other than the ward or guardian or caretaker’s family.

(11)

Music teaching is allowed for no more than two students at any one time.

(12)

Traffic generated by the home occupation will not be in greater volume than would normally be expected in a residential neighborhood of like character.

(13)

Parking of vehicles shall be permitted only in the driveway of the dwelling unit or along the curb immediately adjacent to the premises.

(14)

Parking for no more than one vehicle, the primary purpose of which is for use in support of the home occupation, may be overnight for a vehicle having a manufacturer’s rated carrying capacity of 3,000 pounds (1-1/2 tons) or less. Larger vehicles may remain parked for only two hours in any 24-hour period.

(15)

See chapter 82, “Traffic and Motor Vehicles” for further regulations.

A home based occupation is permitted only as an incidental use and is secondary to the use of the premises as a dwelling. As such, the city council may, at any time, amend this section to terminate any or all home occupations and home based business uses without creating nonconforming rights to the continuation of a home based business.

(o)

Plant nurseries.

No more than 25 percent of the retail stock shall be of materials not grown on the premises. Establishments that sell plants at retail but are cultivated at another site are classified under SIC 5261.

(p)

Private recreation facility.

Private recreational facilities shall be required for all multifamily residential developments. Such uses shall be restricted to use by the occupants of the residences and their guests, or by members of a homeowner’s association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one space for each 4,000 square feet of area devoted to recreational use.

(q)

Public services.

Because of their public necessity, public service uses are permitted in most zoning districts. If the administrator determines that the use may cause either a possible hazard to nearby residents or passers-by or any interference with the development, use, or enjoyment of surrounding property, more extensive fencing or screening than the required landscaped screening strip may be required.

(r)

Repair garages.

Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All body and fender repairing shall be conducted within a completely enclosed building or room with stationary windows and doors that are opened only when necessary for ingress and egress;

All spray painting shall be conducted in a building or room specially designed for such purpose; and

All auto repairing shall be conducted within a building enclosed on at least three sides.

(s)

Satellite reception dishes.

Satellite reception dishes greater than three feet in diameter shall be permitted through the city’s inspection department, and shall have paid an inspection fee as set forth by the latest fee schedule adopted by the city council and be subject to the following requirements:

(1)

Residentially zoned property.

Satellite reception dishes located on residentially zoned property when visible from adjacent properties or streets shall meet the following requirements:

Shall be ground mounted only.

Have a diameter of not greater than ten feet.

Shall not extend more than 12 feet above the ground when the dish is aimed toward the horizon.

Shall be located behind the main structure.

Located not less than six feet from any other property line.

Screened from adjacent properties and streets by a landscape buffer or screening fence.

Have no lettering, logo or other form of advertising or writing on the face or back of the dish except for the manufacturers name, distributor or seller of the reception dish.

(2)

Nonresidential districts.

Satellite reception dishes visible from adjacent properties in streets shall comply with the following requirements:

Reception dishes shall not exceed 14 feet in diameter.

May be ground or roof mounted, however, when aimed toward the horizon, shall not extend more than 15 feet above the vertical base of the reception dish mount.

Shall be located behind all applicable building lines.

Shall not contain any lettering, logo or any other form of advertising or other writing on the face or on the back of the reception dish except the name of the manufacturer, distributor or seller of the reception dish.

(3)

Special exceptions to above stated requirements for satellite reception dishes.

Standards that differ from the above stated regulations may be granted by the Euless Board of Adjustments. The board, in order to grant a variance, shall determine that the lot configuration or physical land features make installation of the satellite reception dish, in conformance with the above stated requirements, impractical. Based upon the specific site, requirements may be placed on the applicant to allow the erection of the reception dish in a manner that would minimize the negative aesthetic impacts on adjacent properties.

(t)

Servant’s or caretaker’s quarters.

Accessory buildings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space and off-street parking requirements.

(u)

Service stations.

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All services, except fuel sales, shall be performed within a completely enclosed building; and

When within 75 feet of a residential use, all refuse and vehicle parts shall be stored within a completely enclosed building or within an areas which is completely visually screened from the view of those residences.

(u-1)

Short-term rentals.

A property in a residential zoning district may be operated in whole or in part as a short-term rental as defined in section 84-7, subject to the standards and requirements of article V of chapter 18 of the city code. A property in a planned development zoning district may be operated as a short-term rental only if the planned development district explicitly permits the operation of short-term rentals.

(v)

Swimming pool.

Exception for private recreation facilities under (p) above.

If located in a residential district, the pool shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

A pool or pool deck may be located anywhere on the premises except for the following: (1) in a publicly dedicated easement; (2) required front yards; (3) not less than five feet from any structure or lot line; nor, (4) within ten feet of any overhead power lines.

All pools shall be enclosed by a wall or fence with self-locking and self-closing gates.

(w)

Zero-lot line dwellings.

Walls facing the zero-lot line shall contain no windows, doors or other penetrations and shall have an exterior masonry facade. Either a five-foot maintenance easement shall be provided for the neighboring property, or the lot line house may be set back five feet from the line and a recreation, planting, and use easement may be granted to the adjacent lot owner.

(x)

Businesses dealing in certain novelty items

, commonly referred to as “head shops” fall under the category SIC Category of 5912. Specifically, any establishment that sells, distributes or manufactures any specialty or novelty item, unless otherwise permitted by law, which engages in the distribution or manufacturing of any of the following:

(1)

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting producing, processing, or preparing controlled substances.

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)

Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances.

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)

Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substance.

(9)

Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing any controlled substance, including without limitation thereto, marijuana, cocaine, hashish, or hashish oil into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens permanent screens, hashish heads, or punctured metal bowls;

Water pipes;

Carburetion tubes and devices;

Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

Miniature cocaine spoons, and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs; and/or

Ice pipes or chillers.

(12)

The terms “controlled substance,” as used herein, shall mean and refer to those substances now or hereafter included as controlled substances under the Texas Controlled Substance Act, Article 447615, V.A.C.S., as amended.

(y)

Veterinarians and animal pound

located in multi-tenant building shall have proper ventilation and adequate noise attenuation between adjacent lease spaces.

(z)

Any outside sales, storage or display

shall be located behind the main structure, on a paved surface, and screened from all adjacent properties and streets in accordance with section 84-337, specified herein.

(aa)

All items for sale, storage or display

shall be located on a paved, all-weather surface unless the use is permitted in that district by way of a specific use permit and the all-weather surface requirement is specifically waved through the approval of the specific use permit.

(ab)

It shall be unlawful to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between such place of business and any church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of distance between such place of business and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter such place of business, along street lines and in direct line across intersections. Provided, however, that the city council may allow variances to the distance regulation as stated herein if the city council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(ac)

Arcade games

such as, common but not limited to, pin ball games, video games and other coin operated entertainment machines may be permitted as an incidental use to any use in the commercial districts. No more than five percent of the total floor area of the primary use shall be dedicated for arcade games.

(ad)

Drinking establishments located within hotels or motels or motor inns

where such drinking establishment is incidental to the primary use of providing lodging shall be considered use by right where hotels are permitted provided such drinking establishment is located within the hotel or motel building except where prohibited by the establishments proximity regulation of this document.

(ae)

Sexually oriented businesses.

All businesses fitting the definition of sexually oriented business, as defined in this chapter, shall comply with the requirements of section 84-183 and the licensing requirements of chapter 18, article III of Code.

(af)

Private street developments.

All private street developments shall be processed through the specific use permit or planned development procedure. Authority to approve a private street development shall lie solely with the city council. The following standards shall apply to all private street developments:

(1)

Approval criteria.

In addition to the specific use permit (SUP) “conditions of permit approval” specified in section 84-153 of this Code, the following additional approval criteria must be found to exist:

The proposed development is zoned as residential or planned development zoning district.

The proposed development is bounded on all sides by natural or manmade barriers (with no reasonable connection with another residential parcel).

The proposed development shall not impede the current or future development of a thoroughfare.

The proposed development shall not disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park.

(2)

General design standards.

The private street system shall:

Comply with construction design standards for public streets as specified in section 84-442 of this Code.

Provide access for emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and government employees in pursuit of their official duties.

Each private street development shall contain the following wording on the face of the plat and in the required property owners association documents:

The streets have not been dedicated to the public, for public access nor have they been accepted by the city as public improvements. They shall be maintained by the property owners within the subdivision, but shall always be open to emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

A property owners association is required to maintain the private streets. All property owners shall be members of said association.

The property owners association (the “association”) agrees to release, indemnify, defend, and hold harmless the city and any governmental entity or public utility that owns public improvements within this subdivision (collectively, the “indemnitees”) from and against any claims for damages to the streets, restricted access gates and entrances, and related appurtenances (collectively, the “streets”) caused by the reasonable use of the streets by the indemnitees. This paragraph does not apply to damages to the streets caused by the design, construction, or maintenance, of any public improvements owned by any of the indemnitees.

The association agrees to release, indemnify, defend, and hold harmless the indemnitees from and against any claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards. The indemnification contained in this paragraph 2 shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the indemnitees or their respective officers, employees, or agents.

Each lot owner agrees to release the indemnitees from claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards.

The obligations of the association and lot owners set forth in the above paragraphs shall immediately and automatically terminate when the streets and other rights-of-way have been dedicated to and accepted by the city.

Private streets shall be located in a “public utility and storm sewer easement.” The width of the easement shall be the same as the required right-of-way for a public street, unless a variable street width has been approved by city council through the planned development procedure. Centered in the “public utility and storm sewer easement” shall be an “access easement” equal in width to the paved private street.

All private street developments shall have a minimum of one point of access to a public street. Said access points shall be designed to provide adequate stacking of vehicles, have a turnaround to allow vehicles denied access room to maneuver into a “head out” position when exiting onto a public street. Entrances are to be a minimum of 25 feet in width.

(3)

Property owners association.

Private street systems shall be the responsibility of all the property owners within the addition and shall be subject to all the following requirements:

Subdivisions with private streets shall have a property owners association. The association shall be responsible for the maintenance of private streets and appurtenances. The association documents must be acceptable to the city at the time of preliminary plat approval. The approved document shall be executed and filed for record contemporaneously with the filing of the final plat.

Every owner of a lot within the private street development shall be a member of the property owners association.

The association documents shall address, but not be limited to, the following:

The association documents must indicate that the streets within the development are private, owned and maintained by the association, and that the city has no obligation to maintain the private streets.

The association documents shall include a statement indicating that the city may, but is not obligated to, inspect private streets and require repairs, as deemed necessary.

The association may not be dissolved without the prior written consent of the city.

The documents establishing the association shall give the city the right to assess each lot within the private street development for the payment of bills for private infrastructure repairs made by or under contract with the city, not paid by the association.

No portion of the association documents pertaining to the maintenance of the private streets may be amended without the written consent of the city.

The association documents shall contained a provision that assures access to emergency vehicles, utility personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

(ag)

Limited access residential developments.

All limited access or “gated” residential developments shall be processed through the specific use permit or planned development procedure. Authority to approve a limited access residential development shall lie solely with the city council. The following standards shall apply to all limited access residential or gated developments and shall be illustrated on the PD (planned development) or SUP (specific use permit) site plan:

(1)

All gates shall be located solely on private property.

(2)

Emergency services access shall be designed, equipped and permitted as provided for in section 34-105(10) of the Code.

(3)

All gates and their associated drive accesses shall accommodate residents, guests, deliveries, employees, U.S. Postal Service, government and utility personnel in pursuit of their duties without significantly impeding traffic movement on public thoroughfares. The minimum number, location and design of each entrance/exit shall accommodate peak travel times for both the surrounding public streets and for the development being served and shall also be designed in consideration of long range traffic forecasts, the type and speed of the gate opening system being used and the number of dwelling units being served. A turnaround shall be provided for vehicles denied access to be able to exit onto a public street in a “head out” fashion.

(4)

A traffic impact analysis showing the impact the limited access may have on surrounding streets may be required. No limited access development shall be approved that unduly negatively impacts public streets.

(5)

Visitors access shall be provided in the following manner: At least one gate shall be equipped for visitors access. Said visitor access shall provide for a call or code box located a minimum of 30 feet from the property line to provide for visitors calling in and automobile queuing. An entry turnaround with a minimum outside radius of 30 feet shall be provided behind the call or code box for vehicles denied access to be able to maneuver into a “head out” position onto a public street with minimum disruption to other vehicles at the entrance.

(6)

Residents’ access shall be provided in the following manner: There shall be not less than one exit designed for residents use for each 200 dwelling units. Said residents’ exits shall be equipped with automated gates that allow for egress on demand.

There shall be not less than one entrance designed for residents’ use for every 300 dwelling units. One residents’ entrance may be the same as the visitors’ entrance. Said residents’ ingress shall be equipped with an electronic opener and activated remotely.

Remote controls that use a key, card or require a code to be keyed in by the residents shall be set back a minimum of thirty feet inside the property line to provide for one resident to use the key entry and queuing for one additional vehicle.

A residence entrance used in combination with a guest entrance shall provide for the queuing of not less than two vehicles, not including the vehicle using the remote control box. No additional queuing is required of the remote control to open the gate is normally activated by mobile device enabling the resident to enter the premises without have to stop and enter a code, card or key.

(7)

Parking shall be provided in accordance with the use group which the proposed use most closely resembles, as determined by the administrator.

(ah)

Auto or vehicle sales lots.

The minimum area devoted to the sale of new or used auto, truck, trailer, recreational vehicles, boat or other motor vehicles shall be maintained at not less than five acres.

(ai)

Telecommunication facilities.

Specifically, notwithstanding any other provision of this subsection, telecommunication antennas and/or towers, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)

For purpose of this section the following words and phrases are defined as follows:

Antenna

means any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or collect electromagnetic waves, digital signals, analog signals, radio frequencies, (excluding radar signals), wireless telecommunication signals, television signals, or other communication signals.

Antenna array

means a structure attached to a telecommunication tower that supports a telecommunication antenna.

EIA-222

means Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures”.

Telecommunication antenna

means an antenna used to provide a telecommunication service.

Telecommunication facilities

means any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground mounted) transmitting and receiving antennas, low power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunication support structure.

Telecommunication tower

means a structure more than ten feet tall, built primarily to support one or more telecommunication antennas.

Whip antenna

means an antenna consisting of a single, slender, rod like element which is no more than six inches in diameter and supported only at or near its base.

Non-whip antenna

means an antenna which is not a whip antenna, such as dish antennas, panel antennas, etc.

(2)

Telecommunication facilities-Antennas/towers.

A site plan shall be submitted pursuant to said section 84-84 and the following requirements:

Submit a site plan, drawn to scale, indicating the location and height of all components of the facility, potential locations of ground-mounted equipment necessary to support future wireless providers, and the distance from other structures on the same and adjacent properties to include a radius equal to the required setback.

All towers will be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure.

The applicant shall provide an architects rendering, photo-realistic representation, or other true visual representation of the actual tower.

Tower height, including antenna array, may not exceed 120 feet.

Telecommunication towers must be a minimum of 200 feet or three to one distance to height ratio, whichever is greater.

New telecommunication towers must be a minimum distance of 5,000 feet from another telecommunication tower, including from those towers located in an adjacent municipality. The service provider must provide information that identifies other facilities that are owned by the service provider.

All guys and guy anchors are located within the buildable area of the lot and not within the front, rear, or sideyard setbacks and no closer than five feet to any property line.

The base of the tower and equipment buildings must be screened by a masonry wall consistent with section 84-336(b)(4).

A telecommunication tower must be:

Used by three or more wireless communication providers; or

ii.

Designed and built so as to be capable of use by three or more wireless communication providers and the owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunication provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application.

Telecommunication towers should be constructed to minimize potential safety hazards. Telecommunication towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer’s certification that the tower’s design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers.

If any additions, changes, or modifications are to be made to the monopole, the building official shall verify that such changes meet all applicable conditions contained in the original S.U.P. enabling construction of the monopole and shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current building code adopted by the City of Euless.

Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the building official or designee within 30 days that use of a tower has been discontinued.

In addition to the usual application fee for a specific use permit, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer to review the application and provide engineering expertise, or other related professional services required to verify any information provided by the applicant, in the amount as set forth in section 30-46, “telecommunication facilities contract fees.”

The tower is erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.

(3)

Telecommunication facilities–Antennas mounted on existing structures.

Antennas mounted on buildings.

Roof-mounted telecommunication antennas are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided a non-whip antenna does not exceed the height of the building by more than ten feet and is screened from view from any adjacent public roadway and provided a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. Prior to installation of a roof-mounted antenna, the building official shall be provided with an engineer’s certification that the roof will support the proposed antenna and associated roof-mounted equipment. Roof-mounted antennas and associated equipment must be screened with enclosures or facades having an appearance that blends with the building on which they are located.

Building-mounted telecommunication antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided the antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached; and the antenna’s appearance is such as to blend with the surrounding surface of the building.

Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if screened with enclosures or facades having an appearance that blends with the building on which they are located.

Telecommunication antennas located on existing structures are not subject to the 5,000-foot separation requirement.

When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the building official shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna.

Telecommunication antennas shall not be constructed or used within the City of Euless without all approvals and permits first having been secured.

(aj)

Transient dwellings.

Specifically, notwithstanding any other provision of this subsection, transient dwellings, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)

For purpose of this section the following words and phrases are defined as follows:

Bedroom

means an enclosed space in a structure that is designed such that it could be used for sleeping purposes and meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.

Block

means a tract of land bounded by streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits.

Boarding or roominghouse

means an establishment, other than eleemosynary or other nonprofit institution, primarily engaged in renting rooms, with or without board, on a fee basis, to four or more persons not related by blood, marriage, or adoption.

Disability, alcohol or drug dependence

means a person is considered disabled due to alcohol or drug dependence if they meet the definition of disability, generally and the person is unable to maintain abstinence and recovery in an available independent living situation. A person with an alcohol or drug dependence disability is eligible to reside in a parolee-probationer home or residential care facility if:

The person has been diagnosed as suffering from alcohol or drug dependence;

The person has completed a course of alcoholism or drug dependency treatment in an inpatient or outpatient setting;

The person has been determined to be unable to abstain from alcohol or drugs without continued care in a structured setting; and

Is in need of alcoholism or drug dependency services on an outpatient basis in addition to the structured group residential setting of a parolee-probationer home or residential care facility.

Disability generally

means as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Fair housing laws

means the Federal Fair Housing Act, the Americans with Disabilities Act, and the Texas Fair Housing Act, as each Act may be amended from time to time, and each Act’s implementing regulations.

Group residential

means shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small unlicensed) and residential hotels.

Individual with a disability

means an individual who meets the definition of disability under the fair housing laws.

Integral facilities

means any combination of two or more residential care facilities that may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses

means any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Parolee-probationer

includes:

Any individual who has been convicted of prohibited criminal conduct, and received conditional and revocable release in the community under the supervision of a federal parole officer;

Any individual who has been convicted of prohibited criminal conduct, and who is serving a period of parole or community supervision, as defined in Chapter 42 of the Texas Code of Criminal Procedure;

An adult or juvenile who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision where said conduct would be considered prohibited criminal conduct, had the adult or juvenile been tried as an adult, and who is serving a period of parole or other applicable community supervision; and

Any individual who has been convicted of prohibited criminal conduct and is under the jurisdiction of any federal, state, or county parole or probation officer.

Parolee-probationer home

means any residential structure or unit, whether owned and/or operated by an individual or a for-profit, nonprofit, governmental or nongovernmental organization, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, which houses two or more parolees and/or probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of a parolee-probationer.

Prohibited criminal conduct

means prohibited criminal conduct includes those crimes defined as “violent crimes” or “property crimes” by the Federal Bureau of Investigation’s Uniform Crime Report, 2006, and those crimes defined as “drug-defined offenses” or “drug-related offenses” by the Bureau of Justice Statistics Drug and Crime Data Fact Sheet, 1994, for which punishment would be classified as a felony as set forth in section 12.04 of the Texas Penal Code, or for which punishment would be classified as class A misdemeanor as set forth in section 12.03 of the Texas Penal Code.

Residential care facility

means any place, site or building, or group of places, sites or buildings, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, in which five or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding facility staff) is an individual with a disability. A parolee-probationer may not reside in a residential care facility.

Single housekeeping unit

means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Transient dwelling

means a single-family attached, single-family cluster, single-family detached, single-family manufactured, single-family townhouse or zero lot line dwelling, as those terms are defined herein, which is used as a transient dwelling. A dwelling shall be considered a transient dwelling:

If the dwelling is not a single housekeeping unit, and is operated or used in such a way that it has a turnover in occupancy of more than six times in any continuous 12-month period, it shall create a rebuttable presumption that such dwelling is a transient dwelling.

(2)

Reasonable accommodation requests.

Purpose.

In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations in the city’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

Review authority.

The city manager, or his designated representative, is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then an applicant may request that the city manager hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for reasonable accommodation shall not be heard until after a final administrative decision has been made regarding all discretionary permits or approvals required by any federal or state law or local ordinance.

Application for a reasonable accommodation.

Applicant.

A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

Application.

An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on the form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires discretionary permit(s), then the prescribed fees for said permit(s) shall be paid by the applicant or the applicant’s representative. An application for reasonable accommodation shall not be unreasonably withheld.

Required submittals.

In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:

Documentation that the applicant is:

An individual with a disability;

Applying on behalf of one or more individuals with a disability; or

A developer or provider of housing for one or more individuals with a disability.

ii.

The specific exception or modification to the zoning, subdivision or other land use provision, policy or practice requested by the applicant.

iii.

Documentation that the specific exception or modification requested by the applicant is reasonable and necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

iv.

Any other information that the planning director reasonably concludes is necessary to determine whether the finding required by section 84-85(aj)(3)a. below can be made, so long as any request for information regarding the disability of the individuals benefited complies with applicable federal law and the privacy rights of the individuals affected.

(3)

Decision.

City manager action and appeals.

The city manager shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with section 84-85(aj)(2)b. above within 14 days of the date of receipt of a completed request for reasonable accommodation, which shall be served on the applicant in person or by certified United States mail. If the city manager’s written determination is not made within the time limits provided herein, the applicant’s request for a reasonable accommodation shall be deemed granted. In the event of appeal of the city manager’s written determination, applicants shall file with the city secretary a notice of appeal on the form provided by the city no later than 14 days following the date the city manager issues a written determination. Notices of appeal filed after that date shall be considered untimely and the city manager’s written determination shall be considered a final determination. The standard of review on appeal shall be de novo appeal to the city council. The city council, acting as the appellate body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. A final decision regarding an applicant’s appeal of the city manager’s written determination regarding a reasonable accommodation shall be made within 30 days after the date the city receives an applicant’s notice of appeal, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding an applicant’s appeal of the city manager’s written determination regarding a reasonable accommodation, the applicant’s request for a reasonable accommodation shall be deemed granted.

Findings.

The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws or other applicable federal or state law.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

The requested accommodation will not impose an undue financial or administrative burden on the city as “undue financial or administrative burden” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program, as “fundamental alteration” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city’s zoning program.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city’s master/comprehensive plan.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

Rules while decision is pending.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective date.

No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make a written determination or appeal, as applicable. In the event an appeal is filed, the reasonable accommodation shall not become effective until a final decision is made by the city council on such appeal under the provisions of section 84-85(aj)(3)a. above, or until the expiration of time to issue a final decision, as applicable.

(4)

Expiration, time extension, violation, discontinuance and enforcement.

Expiration.

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

A building permit has been issued and construction has commenced;

A certificate of occupancy has been issued;

The use is established; or

A time extension has been granted.

Time extension.

The city manager may approve a time extension for a reasonable accommodation for good cause for a period not to exceed 24 months. An application for a time extension shall be made in writing to the planning director no less than 30 days or more than 90 days prior to the expiration date. There is no limit on the number of extensions that may be granted so long as the use established is continuous and uninterrupted and the reasonable accommodation remains reasonably necessary to provide disabled individuals with an equal opportunity to use and enjoy the dwelling in question.

Notice.

Notice of the city manager’s or city council’s decision, as applicable, shall be provided as specified in section 84-85(aj)(3)a. above. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in section 84-85(aj)(4)d. below.

Appeal of determination.

A decision regarding a request for a time extension for a reasonable accommodation shall be final unless appealed to the city council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in section 84-85(aj)(3)a. above.

Violation of terms.

Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

Discontinuance.

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 90 consecutive days. If a disabled person initially occupying a residence for which a reasonable accommodation has been granted vacates the residence, the reasonable accommodation shall remain in effect only if the planning director determines that:

The reasonable accommodation is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; or

The reasonable accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

Within 30 days of occupying the residence in question, the disabled person replacing the vacating disabled person shall provide to the planning director documentation establishing that he or she is a person with a disability who would otherwise qualify for the reasonable accommodation already in effect. Failure to provide such documentation within 30 days of occupying the residence in question shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

Enforcement.

If the established use for which a reasonable accommodation granted under this Code is discontinued, or the applicant violates the terms of the reasonable accommodation, the city attorney on behalf of the city may institute an injunction, mandamus, abatement, or other appropriate action to prevent, abate, remove or enjoin the violation of this chapter.

(5)

Revocation proceedings.

Proceedings to revoke a reasonable accommodation granted by the city shall be initiated by the city manager by giving the notice of a public hearing as provided in section 84-85(aj)(5)b. below. Not less than ten days prior to the public hearing, the city manager shall issue a written recommendation to revoke a reasonable accommodation, explaining the reasons for said recommendation, which shall be served on the applicant by posting it in a conspicuous place on the property in question and by mailing it to the applicant by certified United States mail. The city council, acting as the reviewing body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. The city council may also hear statements and other evidence at the public hearing, in compliance with applicable open meetings law. A written final decision regarding revocation of a reasonable accommodation shall be made within 30 days after the date of the public hearing, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding revocation of a reasonable accommodation, the reasonable accommodation shall remain in effect.

Notice of proceedings.

The city manager shall fix a time and a place for a public hearing, and give public notice thereof by mailing notice to owners of all property within a distance of 300 feet of the exterior boundaries of property described in the application, using addresses from the last-adopted tax roll; or by publication in a newspaper of general circulation and posting said notice in conspicuous places close to the property. Such notice shall be given not less than ten days before the date of the public hearing.

(6)

Amendments.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(ak)

Non-depository financial institution.

No non-depository financial institution as defined in Section 84-7 may be located within 1,000 feet of another non-depository financial institution; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A non-depository financial institution that existed and was lawfully constructed, located and operating on the date of this subsection 84-85[ak], and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

If a non-depository financial institution ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new non-depository financial institution at that location without first complying with all the requirements of this subsection 84-85(ah).

The ability to continue a non-conforming non-depository financial institution shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(al)

Tattoo and/or body modification studio.

No tattoo and/or body modification studio as defined in section 84-7 may be located within 1,000 feet of another tattoo and/or body modification shop; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A tattoo and/or body modification studio that existed lawfully on the date the use commenced; and that does not conform to zoning district and separation distance standards shall be deemed a nonconforming use.

If a tattoo and/or body modification studio ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tattoo and/or body modification studio at that location without first complying with all the requirements of this subsection 84-85[al].

The ability to continue a nonconforming tattoo and/or body modification studio shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(am)

Tobacco products store.

No tobacco products stores may be located within 1,000 feet of another tobacco products store; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10; or FM 157/Industrial Boulevard or within 500 feet of any zoning which allows residential uses by right.

(1)

Measurement.

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)

Nonconformity.

A tobacco products store that existed and was lawfully constructed, located and operating on the effective date of this subsection 84-85(am), and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

If a tobacco products store ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tobacco products store at that location without first complying with all the requirements of this subsection 84-85(am).

The ability to continue a nonconforming tobacco products store shall cease and such use shall terminate whenever either of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(Ordinance 1133, § 1(4-500(1)), 3-22-94; Ordinance 1148, § II, 8-9-94; Ordinance 1177, §§ IV, VI, 5-23-95; Ordinance 1232, § 2, 4-8-97; Ordinance 1236, § 1, 8-26-97; Ordinance 1609, § 3, 10-28-03; Ordinance 1690, §§ I, II, 5-31-05; Ordinance 1826, § 2, 9-9-08; Ordinance 1833, § 7, 10-28-08; Ordinance 1977, § 3, 11-13-12; Ordinance 1978, § 3, 11-13-12; Ordinance 1976, § 3, 11-27-12; Ordinance 1981, § 1, 12-11-12; Ordinance 2307, 6-28-2022)