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HomeMy Public PortalAboutOrdinance No. 592-88 12-12-1988 • ORDINANCE NO. 592 AN ORDINANCE AMENDING SECTIONS 16 AND 17 OF CHAPTER 12, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, BY THE SUBSTITUTION OF A NEW FOOTNOTE (f) TO SAID SECTION 16, "SCHEDULE OF DISTRICT REGULATIONS", AND BY THE ADDITION OF A NEW SUBSECTION F, "ATTACHED CARPORTS - LOCATION AND CONSTRUCTION REQUIREMENTS", ALLOWING FOR THE CONSTRUCTION OF CARPORTS ATTACHED TO RESIDENCES UNDER CERTAIN CONDITIONS; PRESCRIBING CERTAIN REQUIREMENTS FOR THE LOCATION AND CONSTRUCTION OF SUCH CARPORTS; PROVIDING A PROCEDURE FOR BRINGING EXISTING CARPORTS INTO COMPLIANCE WITH THE TERMS OF THIS ORDINANCE OR CLASSIFYING SAME AS NON-CONFORMING; PROVIDING FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE BY THE ZONING BOARD OF ADJUSTMENT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; • AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills has received substantial input from the citizens of Richland Hills regarding the need for carports in certain areas of the city; and, WHEREAS, the City Council has conducted a public hearing in accordance with the Statutes of the State of Texas, after proper notice thereof; and, WHEREAS, the City Council finds that the provisions of the following ordinance will best serve the interest of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Richland Hills: I. That footnote "f" to Section 16, "SCHEDULE OF DISTRICT REGULATIONS", of Chapter 12 "ZONING" of the Code of Ordinances, City of Richland Hills, Texas, be amended to hereafter be and read as follows: ORDINANCE N0. 592 Page 1 • *f No structure or fence shall be constructed beyond the existing main building line of the house. Exception: carports constructed and located in accordance with regulations contained in Section 17. II. That Section 17, "SUPPLEMENTARY DISTRICT REGULATIONS", of Chapter 12 "ZONING" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition of a new subsection "f", "ATTACHED CARPORTS LOCATION AND CONSTRUCTION REQUIREMENTS", which sub - section shall hereafter be read as follows: F. ATTACHED CARPORTS LOCATION AND CONSTRUCTION REQUIREMENTS. 1. Location. a. An attached carport may extend beyond the front building line (setback line), but in no case may • the structure extend more than twenty (20') feet from the point of attachment to the residence, or encroach upon the street right-of-way line or any easement. b. On corner lots, no portion of said carport may encroach upon any street right-of-way line. c. No part of any carport may be located closer than five (5') feet from the side yard line, nor shall same, or any part thereof, be located closer than five (5') feet from a rear lot line. 2. Construction Requirements. a. Carports must be erected over. an approved surface consisting of concrete, asphalt or gravel and, if gravel surface is used, said surface must be border- ed by cement curbing. b. The roof assembly of a carport may .not exceed twenty (20') feet in length or twenty-four (24') feet in width, and inside clearance shall be between a minimum of seven (7') feet and a maximum of nine (9') feet. • ORDINANCE N0. 592 Page 2 • c. Roof design and pitch may not exceed the height of the main building to which the carport is attached. d. Flat-roofed carports must be constructed of aluminum or steel, treated to resist corrosion, and painted, and shall be maintained at all times in such condidion. Carports constructed with a hip or gable roof must be constructed with materi- al which matches the material used in the construct- ion of the main building to which the carport is attached, so that the two structures, when completed, must give the appearance of one structure. e. Structure strength design and other construction requirements shall be governed by the current building codes in effect in the City. f. Vertical support members must be set in concrete to a minimum depth of eighteen (18") inches, or attached to a concrete slab with metal plates and anchor bolts. • g. A carport structure may not be enclosed in any manner or used for storage other than for vehicles as defined in this Code. h. Neither the roof nor the floor surface of any carport shall be designed or constructed so as to increase water flow or run-off onto adjacent property. i. A building permit must be obtained prior to construction of a carport. 3. Existing Carports. Carports lawfully in existence on the date. this ordinance takes effect, and. which do not meet the require- ments hereof, shall be classified as non-conforming uses as of said date, and may continue until terminated or discontinued. Provided, however, that nothing in this ordinance shall be construed to allow any structure constructed, located or used in violation of any other ordinance or code in effect when such construction, location or use commenced to continue to be so used, or to qualify as a non-conforming use hereunder. • ORDINANCE N0. 592 Page 3 • It is the intent of this provision to grant non- conforming use status only to carports which were in compliance with all ordinances and codes on the date this ordinance takes effect. 4. Variances. The Zoning Board of Adjustment is hereby granted the authority to grant variances and/or special except- ions to the requirements of this subsection, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this subsection would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. However, no variance shall be granted allowing any portion of a carport to encroach upon the public right-of-way. III. Any person who violates a provision of this ordinance shall be subject to a fine not to exceed $1,000.00 for each offense, • and each and every day such violation continues shall constitute a separate offense. IV. Severability Clause. That is is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, .such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. Effective Date. This ordinance shall be in full force and effect from. and after its passage and publication as provided by the Richland Hi11s City Charter and the laws of the State of Texas. I ANCE NO 92 Pa e 4 ORD N 5 g PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 12th day of December 1988; by a vote of 5 ayes, 0 nays and' 0 abstentions. APPROVED: W.H. (BILL) VINCENT, JR., MAYOR ATTEST: Pauline Kempe, Cit Secretary APPROVED AS TO FORM: f Paul F. Wiene , ity Attorney ORDINANCE N0. 592 Page 5