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Ord 728 Amending Chapter 102 to allow temporary Concrete Batch PlantsWHEREAS, 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 and property owners in the Town of Westlake, to allow Temporary Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens and property owners in the Town of Westlake, to regulate the location, access and operations of Temporary Concrete Batch Plants; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which will reduce the number of trucks on local roadways; nOW, THEREFORE, BE IT ORDAINED ;iTOWN COUNCIL OF 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 allow Temporary Concrete Batching Plants, with an approved Specific Use Permit, in all zoning Districts. The modified portion of the Land Use Table shall read as follows: Chapter 102 ZONING* Article III. Permissible Uses Division 1. Generally Ordinance 728 Pagel of3 Sec. 102-61. Land use schedule. 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 S S S S S Temporary Batching Plant* S S -S S S S 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 zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. 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 Ordinance 728 Page 2 of 3 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 6: 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, publication clause and the effective date of this ordinance. SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 40 ATTEST: t KeO Edwa F s , Town Secretary jjaag�amu an on L ry, Town Attorney Laura Wheat, Mayor Tom Brymer,Fo7ager L. Ordinance 728 Page of Star -Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 330125861 FORT WORTH, TX 76102 Invoice Date: 5/24/2014 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/31/2014 Bill To: PO Number: TOWN OF WESTLAKE Order Number: 33012586 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 5/23/2014 - 5/24/2014 TOWN E NO. 13580 1 41 41 LINE $6.12 $501.92 Misc Fe $10.00 f - Net Amount: $511.92 -- , '' I -,Pk OVID05( "A'PENALTY N CN D CLAUSE; C "y LY, '40 LLA TIVE,� HRIVY LYNN� HOLLT t ry P b 'S excjs Cori 'sIcin -xp' 6 Ju ly 37 Siete S15VERA91LIV), -tL"At&_�, P'R-OVID- Notary Pubtic, S "as 'jNIa,�,A_S-AA0G �"_jt A SE' A S$,""'1A _V�J2 -nissicin Expires ILICATIOM"A D My Cor"i -4 July 31, 2016 TABLIsI41 VE ALTV�ANY v"' THE STA" "Tf-':S'EfTIONf �' - F--: PER 'T ION County of RJkif USES 'To, OMPILY _0_ Before ME 'Sj1S,T_KTHEi*,' EkTOFANY County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram OF Tffg;��,PROWSJDNS Of THIS Inc at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the 0€ , DINANCIES ALL SE FINED NOT, attached MORE, -THAN'��.',AWO,'­ THOUSAND published in the ab named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Do, 1ARS, 2 000.'00) FOR ALL (817) 215 "' U '$ irlrk, V , ,, -xi I+Mi�c' ii(Ixint Wkin 76hfit4r.- SUBSCRI "-f4D4]Atb"-DbL�ARS: �'(,$500)' FOR: ME, THIS Friday, May 30, 201 ALT OTHER A I hQLATIbNS"OF'TH1S' I'll , I I E, F I R'DAYT�THAT'A 0901 - ANC _AC - IS, pERMiTTIED , TO Notary Public Thank You For Your Payment — — — — — — — — — -- -- — — — -- — — — Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: TOW27 Customer Name: TOWN OF WESTLAKE Invoice Number: 330125861 Invoice Amount: $511.92 PO Number: Amount Enclosed: