BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE,

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1 TEXAS: ORDINANCE NO AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, SO AS TO PROVIDE ZONING DISTRICT CLASSIFICATIONS FOR THE FOLLOWING USES, TO WIT: AUTO ~EALERS, NEW CARS ONLY WITH INCIDENTAL USED CAR SALES AND SERVICE; AUTO DEALERS, USED CARS ONLY; CAR RENTAL; TRUCK DEALERS, OVER ONE TON, NEW OR USED; CONSTRUCTION EQUIPMENT SALES, NEW OR USED AND/OR RENTAL; BOATS, CAMPERS, AND RECREATION VEffiCLE SALES, NEW OR USED; BOATS, CAMPERS, AND RECREATION VEffiCLES, NEW SALES ONLY, WITH INCIDENTAL USED SALES AND SERVICES ONLY; BINGO HALLS; TATTOO PARLOR AND BODY PIERCING; QUICK OIL CHANGES AND LUBRICATION; MASSAGE ESTABLISHMENTS; PAWN SHOPS; AND AUTO DETAILING; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning Commission of the City of Duncanville and the governing body of the City of Duncanville, in compliance with state laws with reference to amending the Comprehensive Zoning Ordinance have given the requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the governing body of the City of Duncanville is of the opinion that said zoning ordinance amendment should be made, and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, SECTION 1. That the Comprehensive Zoning Ordinance of the City of Duncanville, Appendix A to the Code of Ordinances to the City of Duncanville, be, and the same is hereby amended by amending the following sections.

2 SECTION 2. That Article IX-B, "B" Boulevard District Zoning Regulations be amended by amending Section 2, Use Regulations, by deleting the following uses, to wit: "Auto dealer, new or used. Recreational vehicles, boats, travel trailers, new or used. Massage studios. SECTION 3. That Article IX-C, "FW'' Freeway Zoning District Regulations, be amended by amending Section 2, Use Regulations, so as to delete the following uses, to wit: "Auto dealers, new cars only with incidental used car sales and services. Truck and bus sales, new only with incidental used sales and services. Recreational vehicles, boats, travel trailers, new sales only with incidental used sales and services. Massage studios. SECTION 4. That Article X, "CB" Central Business District, be amended by amending Section 1, Use Regulations, as follows, to wit: "The first listed use to hereafter provide as follows, to wit: Any use permitted in an "LR" Local Retail District, except a massage studio. Delete the following uses which are no longer permitted in a "CB" Central Business District, to wit: "Auto dealers, new cars and/or used cars." SECTION 5. That Article XI, "C" Commercial District Regulations, be amended by amending Section 1, Use Regulations, to add the following permitted uses, to wit:

3 Auto dealers, new cars only with the incidental used car sales and services. Auto dealers, used cars only. Car rental. Truck rental. Truck dealers, over 1-ton, new or used. Boats, campers, and recreational vehicle sales, new or used. Boats, campers, and recreational vehicles, new sales only, with incidental used sales and services. Quick oil change and lubrication. Pawnshops. Auto detailing. SECTION 6. That Article XII, "I" Industrial District Regulations, be amended by amending Section 1, Use Regulations, to provide as follows, to wit: 1. USE REGULATIONS In a "I" District, no land shall be used and no building shall be erected for or converted to any use other than legal manufacturing and industrial plant operations which are not obnoxious by the emission of dust, creation of noise or emission of offense odors. Any use permitted in the "C" Commercial District, except car rental, and the following uses are permitted: bottling works, cabinet shop and store fixture manufacturing, contractor and storage yard, machine shop, tire retreading and recapping, warehouse, storage, construction equipment sales, new or used and/ or rentals. No building shall be erected or converted for dwelling purposes; provider however, that dwelling quarters may be established in connection with any industrial plant for watchmen and caretakers employed on the premises, and provided further, any existing dwelling within any "I" District may be repaired or altered."

4 SECTION 7. That Article XIII, Special Uses, be amended by adding the following subsections, to wit: "(29b) Bingo Halls in any district, by special use permit only. (29c) Tattoo parlors and body piercing in any district, by special use permit only." SECTION 8. 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 shall 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 9. That all provisions of the Ordinance of the City of Duncanville in conflict with provisions of this Ordinance be, and same are hereby repealed, and all other provisions of this Ordinance shall remain in full force and effect. SECTION 10. That any person, firm or corporation violating any of the provisions or terms of this Ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this Ordinance, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and ever day such violation shall continue shall constitute a separate offense. SECTION 11. That this Ordinance shall take effect immediately from and after its passage and the publication of the caption of said Ordinance, as the law in such cases provides.

5 DULY ADOPTED by the City Council of Duncanville, Texas on the 10th day of Novanber, APPROVED: MAYOR DULY RECORDED: APPROVED AS TO FORM: ;J -~%; '~ CI7rY ATTORNEY (HLN/sb ) ECRETARY

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