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Home My Public Portal AboutOrdinance No. 539-85 07-08-1985 ORDINANCE N0. 539 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 12, SECTION 12C, RESTRICTED COMMER- CIAL, USES PERMITTED; AMENDING THE CODE OF ORDINANCES, CHAPTER 12, SECTION 13C, GENERAL COMMERCIAL, DISTRICT, USES PERMITTED; AMEND- ING THE CODE OF ORDINANCES, CHAPTER 12, SECTION 14C, LIGHT INDUS- ' TRIAL, USES PERMITTED; AMENDING THE CODE OR ORDINANCES, CHAPTER 12, SECTION 19A, AUTOMOBILE SPACE REGULATIONS; AMENDING THE CODE OF ' ORDINANCES, CHAPTER 12, SECTION 19B (2), RESIDENTIAL OFF-STREET PARKING, DEFINITION AND RESTRICTIONS; AMENDING THE CODE OF ORDI- NANCES, CHAPTER 12, SECTION 20B (1) NONCONFORMING USES DISCON- TINUED; AMENDING THE CODE OF ORDINANCES, CHAPTER 12, SECTION 22C (2), ACTIONS OF THE BOARD OF ADJUSTMENTS; AMENDING THE CODE OF ORDINANCES, CHAPTER 12, SECTION 22E, JURISDICTION OF THE BOARD OF ADJUSTMENTS; AMENDING THE CODE OF ORDINANCES CHAPTER 12, SECTION 22E (10), JURISDICTION OF BOARD OF ADJUSTMENTS; PROVIDING A SAVINGS ' CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: i That Chapter 12, Zoning, of the Code of Ordinances, City of Richland! Hills, Texas, is hereby amended as follows: • I Ordinancel# 539 SECTION 1 • Amending the Code of Ordinances, Chapter 12, Section 12C, ~ Restricted Commercial, Uses Permitted, by deleting the ~ following uses: I (2)(b) cabinet maker, painter, plumber ~ I (c)(10) Public utility and public service uses as follo s: (a) Electric substations, (b) Gas odorizing stations, and gate stations, (c) Radio and television towers, ~ (d) Railroad rights-of-way, but not including railroad yards and shops, freight and servi e buildings, or rights-of-way for switch, lea , spur or team tracks, ~ (f) Privately owned water pumping stations, and water reservoirs. ~ SECTION 2 i • Amending the Code of Ordinances, Chapter 12, Section 12C, ; Restricted Commercial, Uses Permitted, by adding the follo~ing permitted uses: (11) Antique Shops (12) Art galleries and museums (13) Bank and Financial institutions (14) Business machine sales and service establishments (15) Camera and photographic supply stores (16) Carpet and rug stores (17) China and glassware stores (18) Coin and philatelic stores (19) Floor covering (20) Florist shops (21) Furniture stores (22) Interior decorating shops, including upholstering and' making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use (23) Leather goods and luggage stores (24) Loan offices (25) Locksmith shops (26) Musical instruments sales and repair (27) Office supply stores • (28) Optical sales (29) Orthopedic and medical appliance and supply stores (30) Paint and wallpaper stores (31) Phonograph, record, sound equipment and sheet music stores (32) Picture framing (33) Sewing machine sales and service, household appliances only Ordinance # X39 (Section 2 colt.) (34) Sporting goods stores (35) Telegraph offices (36) Tobacco shops (37) Travel bureaus and transportation ticket offices i SECTION 3 I I Amending the Code of Ordinances, Chapter 12, Section 13C, ~ General Commercial District, Uses Permitted, by deleting t~e following uses: (7) Creameries and ice cream plants I, (9) Ice plants, cold storage plants (12) Pumping stations (13) Radio, AM or FM or television broadcasting stations o~ transmitters and microwave radio relay structures SECTION 4 • Amending the Code of Ordinances, Chapter 12, Section 13C, General Commercial, District, Uses Permitted, by adding the following permitted uses: Painters and Plumbers SECTION 5 i Amending the Code of Ordinances, Chapter 12, Section 14C, Light Industrial, Uses Permitted by adding the following permitted uses: (34) g Privately owned water pumping stations and water ' reservoirs (48) Cabinet makers (49) Ice plants, cold storage plants SECTION 6 • Amending the Code of Ordinances, Chapter 12, Section 19A, Automobile Space Regulations by adding paragraphs number 14 and 15 to read as follows: Ordinance # 539 (Section 6 Cont.) (14) COMMERCIAL PARKING DEVELOPMENT STANDARDS The off-street parking or loading facilities required for • non-residential uses mentioned in these regulations Shall be paved according to any of the following standards: (a) Not less than two inches of hot mixed asphalt, over at least six inches of lime treated subgrade;~'or, (b) Not less than two inches of hot mixed asphalt, over six inches of crushed stone, flexible base; or, (c) Four inches of reinforced Portland Cement concrete over compacted subgrade. Such lots shall be graded and drained in such a manner that run-off shall be properly channeled into a storm drain water course, ponding area, or other appropriate facility. (15) MAINTENANCE REQUIREMENTS To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to maintain the facility. ,All off-street parking areas shall be kept free of_ trash, debris, vehicle repair operation or display and advertis- ing uses. At no time after initial approval of the park- ing area layout can changes be made in the location and number of provided spaces without approval of the City • Inspector. SECTION 7 Amending the Code of Ordinances, Chapter 12, Section 19 B (2), Residential Off Street Parking, Definition and Restrictions, by changing the first paragraph to read as follows: (2) Definitions and Restrictions It shall be illegal for any person to park or to allow to be parked on any property under his control any auto- mobile, bus, truck, motorcycle, motorhome, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned R-1L, Single Family ~es- idential, R-1, Single Family Residential, R-2, Two Family Residential, under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for Res- idential purposes, unless: (The remainder of Section 19 B(2) is to remain unchanged.) • Ordinance # 539 SECTION 8 Amending the Code of Ordinances, Chapter 12, Section 20 B(~) • to read as follows: (1) NONCONFORMING USE DISCONTINUED A nonconforming use of any building or structure whic has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be cons'dered discontinued when: (a) It has been replaced with a conforming use, or (b) Such building or structure is or hereafter becom~s vacant and remains unoccupied or out of use for continuous period of six (6) months, or the equi~- ment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period; or (c) The intention of the owner to permanently discontinue the use is apparent. SECTION 9 Amending the Code of Ordinances, Chapter 12, Section 22 C(2), Actions of the Board of Adjustments, to read as follows: (2) The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, de- cision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance. In case of a written protest against any application or variance, signed by a majority of the property owners within two hundred feet (200') thereof, excluding any intervening street, such application or variance shah not be approved except by the concurring vote of all the members of the board qualified to vote. SECTION 10 Amending the Code of Ordinances Chapter 12, Section 22 E(10), Jurisdiction of Board of Adjustment, to read as follows: (10) Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback • standards, off-street parking, off-street loading regu- lations, lot area, maximum height, building size, or percent of masonry required, where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, or where such variance is necessary to permit a specific parcel of land which differs from Ordinanc # 539 (section ~0 Cont.} other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner • commensurate with the development permitted upon other parcels of land in the same district. SECTION 11 Amending the Code of Ordinances, Chapter 12, Section 22 E,~i Jurisdiction of the Board of Adjustments by adding paragra~h (11) to read as follows: (11) Permit variances to the extent that a modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hard- ship, nor for financial reason only, nor shall such modification be granted to permit any person a privi lege in developing a parcel of land not permitted by'' this ordinance to other parcels of land in the district, nor shall any variance be granted which creates a nuisance or hazzard or has a substantial negative effect on the adjacent property. • • Ordinance # 539 SAVINGS CLAUSE: If any section, subsection, or sentence, clause • or phrase of this ordinance is for any reason held invalid by a court of competent jurisdiction, such decision or decisions shall not affect the validity of the remaining portions of this ordinance,. EFFECTIVE DATE This Ordinance shall. become effective from and of ter the date of its passage and publication as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL CAF THE CITY OF RICHLAND HILLS, TEXAS, ON THIS, THE Rth DAY OF July ,1985. CITY OF RICHLAND HILLS r BY: • M YOR ATTEST: ~J ~Z CITY SECRETAR •