HomeMy Public PortalAboutOrdinance No. 592-88 12-12-1988
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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
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*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.
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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.
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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
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