OR 91-500-A-031 To provide for termination of nonconforming uses ORDINANCE NO. 91500A31
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
SECTION 40 AND SECTION 41 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF COPPELL, TEXAS TO ADD
SUBSECTIONS 40-8 AND 41-3(6) TO PROVIDE FOR THE
TERMINATION OF NONCONFORMING USES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and the
Ordinance of the City of Coppell, 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 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 COPPELL, TEXAS:
SECTION 1. That Section 40 of the Comprehensive Zoning Ordinance of the City
of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas as
heretofore amended be, and the same is hereby amended in part to add subsection 40-8
to read as follows:
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ORDINANCE NO.
"SECTION 40.
NONCONFORMING USES AND STRUCTURES
40-8. The Board of Adjustment shall provide a termination
date for a nonconforming use under a plan whereby the
owner's actual investment in the structure(s) prior to the time
that the use became nonconforming can be amortized within
a definite time period. The following factors must be
considered by the Board in determining a reasonable
amortization period:
(1) The owner's capital investment in the structures on the
property at the time the use became nonconforming.
(2) The amount of the investment realized to date and the
amount remaining, if any, to be recovered during the
amortization.
(3) The life expectancy of the investment.
(4) The existence or nonexistence of lease obligations, as
well as any contingency clauses therein permitting
termination of such leases.
(5) Removal costs that are directly attributable to the
establishment of a termination date.
(6) Other costs and expenses that are directly attributable
to the establishment of a termination date."
SECTION 2. That Section 41 of the Comprehensive Zoning Ordinance of the City
of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended be, and the same is hereby amended in part to add subsection 41-
3(6) to read as follows:
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ORDINANCE NO.
"SECTION 41.
BOARD OF ADJUSTMENT
41-3. Powers and Duties of Board:...
6. Termination of Nonconforming Uses: The Board
shall have the power to bring about the discontinuance
or termination of a nonconforming use under a plan
whereby the owner's actual investment in the
structure(s) prior to time that the use became
nonconforming can be amortized within a definite time
period as set forth in Section 40-8."
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, be held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions
of said ordinance, which shall remain in full force and effect.
SECTION 4. That all provisions of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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 Coppell, as heretofore amended, and
upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
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ORDINANCE NO.
($2,000.00) Dollars for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall become effective from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas on this
day of (%~'-~L._ ,1993.
f
A'I-FEST:
City 'Secretary., /¢<~ 7,
APPROVED AS TO FORM:
· Smith, ~ Attorney
AGGO3CDA