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CITY OF HUTCHINS: ORDINANCE NO. 2014-0966

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Published in The Ellis County Press one time on Thursday, July 24, 2014

 

ORDINANCE

NO. 2014-0966

 

AN ORDINANCE OF THE CITY OF HUTCHINS, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF

hutchins, TEXAS, BY AMENDING SECTION 33.2 “RESIDENTIAL DISTRICTS – SPECIAL OFF-STREET PARKING PROVISIONS”, by AMENDING THE definitions of “iMPROVED PARKING SURFACE” AND “LIMITED PARKING SURFACE” BY REMOVING THE REQUIREMENT THAT CRUSHED GRAVEL OR ROCK MUST BE CONTAINED WITHIN A DISTINCT BORDER; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.

 

WHEREAS, the City Planning and Zoning Commission of the City of Hutchins and the governing body of the City of Hutchins, in compliance with the laws of the State of Texas, and the Ordinances of the City of Hutchins, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINS, TEXAS:

 

Section 1.That the Comprehensive Zoning Ordinance # 782 of the City of Hutchins, Texas, duly passed by the governing body of the City of Hutchins, Texas, together with all amendments thereto, is hereby amended by amending Section 33.2, “Residential Districts- Special Off-Street Parking Provisions”, which shall read as follows:

 

“SECTION 33OFF-STREET PARKING AND LOADING REQUIREMENTS

 

33.2RESIDENTIAL DISTRICTS- SPECIAL OFF-STREET PARKING PROVISIONS

 

. . .

 

A.Definitions. The following definitions shall apply as used in this Section:

. . .

Improved parking surface shall mean:

 

(a)Reinforced concrete as approved by the City; or

 

(b)Asphalt having a minimum depth of four inches stabilized base consisting of compacted crushed stone, cement treated base or soil cement base. Improved asphalt parking surfaces shall be approved by (SUP) special use permit.

 

(c)Compact gravel or crushed rock and having a minimum depth of four inches.  No new construction or additional parking shall be constructed of a gravel surface accept for a pre-existing or limited parking surface.  Compacted gravel or crushed rock shall be approved by (SUP) special use permit.  

 

Limited parking surface shall mean:

 

(a)Reinforced concrete as approved by the City; or

 

(b)Asphalt having a minimum depth of four inches stabilized base consisting of compacted crushed stone, cement treated base or soil cement base. Improved asphalt parking surfaces shall be approved by (SUP) special use permit.

 

(c)Compact gravel or crushed rock and having a minimum depth of four inches.  No new construction or additional parking shall be constructed of a gravel surface accept for a pre-existing or limited parking surface.  Compacted gravel or crushed rock shall be approved by (SUP) special use permit.

 

(d)Concrete pavers/Runners shall mean a parking surface consisting of reinforced concrete, concrete pavers or limited parking surface located only under the wheels of a vehicle and an unimproved area under the body of the vehicle.

 

. . .”

 

Section 2.That all provisions of the Ordinances of the City of Hutchins, Texas in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Hutchins, Texas not in conflict with the provisions of this Ordinance shall remain in full force and effect.

 

Section 3.That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.

 

Section 4.An offense committed before the effective date of this Ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose.

 

Section 5.That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Hutchins, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.

 

Section 6.  This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides; and

 

DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINS, TEXAS ON THIS THE 21st  DAY OF July, 2014.

APPROVED:

Mario Vasquez, Mayor

 

APPROVED AS TO FORM:

ATTEST:

Joseph J. Gorfida, Jr., City Attorney

Janis Daniels, City Secretary

(07-18-14/67190)

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