Loading...
Ord 610 Amending Chapter 102 Land Use Schedule to allow Gas and Oil Drilling with a Specific Use PermitTOWN OF WESTLAKE ORDINANCE NO. 610 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES. AMENDING THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION IN ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL RELATED USES TO THE TABLE TO CLARIFY WHICH DISTRICTS THEY ARE OR ARE NOT ALLOWED IN; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to allow gas and oil drilling and production on all properties regardless of zoning district, provided a Specific Use Permit is approved for that property; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to amend certain sections of the Code of Ordinances relative to land use to assure to protection of property and mineral rights owners; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Chapter 102 of the Town of Westlake Code of Ordinances is hereby amended to add the following uses to the Land Use Schedule: Chapter 102 ZONING* Article III. Permissible Uses Division 1. Generally Sec. 102-61. Land use schedule. 1 Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter, including article IV, district development standards: (1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right. (2) The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit (SUP) as set forth in this article. (3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use. (4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is required prior to issuance of a building permit, subject to the requirements of article VIII of this chapter, applications, section 102-314, Required Site Plan. (5) An asterisk (*) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed. (6) A blank square shall mean that the use is not allowed in that zoning district as a principal use. (7) Any use not listed under Permitted Uses is not allowed. WESTLAKE LAND USE SCHEDULE TABLE INSET: SF Residential Permitted Uses Commercial R- 5 R- 2 R- 1 R- 0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O OH O -I OIL & GAS EXPLORATION The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use Permit is approved Gas Well Pad Site S S S S S As defined in Chapter 56 of the Town of Westlake S S S S S S Code of Ordinances Compressor Station/Facility Salt water disposal well - Commercial S S S S S Produced Storage (Tank Batteries) S S S S S S (UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5-14-2001, Ord. No. 392, § 2, 5-14-2001; Ord. No. 426, § 4, 9-23-2002 Ord. No. 456, § 2, 4-12-2004; Ord. No. 519, § 4, 4-23-2007) SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. lP SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections 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 they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION b: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, and the effective date of this ordinance. SECTION 7: EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED this 27 day of April 2009. Laura Wheat, Mayor im Sutter, TRMC,Town Secretary ThomasA*uIer, o Manager APPROVP AS TO LE AL FORM: i THE STATE OF TEXAS COUNTY OF TARRANT I, , ADVERTISING MANAGER of the Alliance Regional Newspapers of Southlake, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: MAY 27th , 2009 TOWN OF WESTLAKE ORDINANCE #610 <.. 4l Advertising Manager SUBSCRIBED AND SWORN TO before me on the day of to- ify h ess my hand and official seal. Of 2o�ppvc�B� AMANDA HENS ARUNG My Commission Expires December 05, 2012 LIC, STATE O My Commission Expires: l�"