HomeMy Public PortalAboutOrdinance No. 596-89 05-08-1989 5/2/89
ORDINANCE NO. 596
AN ORDINANCE AMENDING SECTION 1:AUTHORITY; SECTION
3:ADMINISTRATION, ENFORCEMENT AND FEES; SECTION 4:DEFINITIONS;
SECTION 5:GENERAL PROVISIONS; SECTION 6:CONDITIONAL USES;
SECTION 7:R-1L SINGLE FAMILY RESIDENTIAL LARGE LOT; SECTION
8:R-1 SINGLE FAMILY RESIDENTIAL; SECTION 9:R-2 TWO FAMILY
RESIDENTIAL; SECTION 10:R-3 MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY; SECTION 11:MULTIPLE FAMILY RESIDENTIAL - HIGH
DENSITY; SECTION 12:C-1 RESTRICTED COMMERCIAL; SECTION 13:C-2
GENERAL COMMERCIAL DISTRICT; SECTION 14:I-1 LIGHT INDUSTRIAL;
SECTION 15:I-2 HEAVY INDUSTRIAL; INCLUSION OF A NEW SECTION
15.1:PB PLANNED BUSINESS DISTRICT; SECTION 16:SCHEDULE OF
DISTRICT REGULATIONS; SECTION 17:SUPPLEMENTARY DISTRICT
REGULATIONS; SECTION 18:BUILDING PERMITS AND CERTIFICATES OF
OCCUPANCY; SECTION 19:PARKING SPACE REGULATIONS; SECTION
20:NONCONFORMING USES; SECTION 21:PLANNING AND ZONING
COMMISSION; SECTION 22:BOARD OF ADJUSTMENTS; OF CHAPTER 12,
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND
HILLS, TEXAS; PROVIDING, AMONG OTHER MATTERS AND WITHOUT
LIMITATION: FOR THE DELETION OF ALL CONDITIONAL USES AND THE
ESTABLISHMENT OF SPECIAL USES, FOR THE ESTABLISHMENT OF A NEW
ZONING CATEGORY KNOWN AS "PB-PLANNED BUSINESS DISTRICT", FOR
THE CREATION AND REVISION OF NUMEROUS DEFINITIONS, FOR CERTAIN
REGULATIONS GOVERNING FENCES, WALLS AND HEDGES IN FRONT OF
RESIDENTIAL BUILDINGS, FOR FLAG POLE REGULATIONS, FOR NEW
AUTOMOBILE PARKING REGULATIONS FOR MULTIFAMILY BUILDINGS, FOR
INCREASED MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR MULTIFAMILY
DWELLINGS, FOR NEW LANDSCAPING REQUIREMENTS FOR MULTIFAMILY
AND COMMERCIAL USES, FOR NEW OUTDOOR STORAGE AND DISPLAY
REGULATIONS, FOR THE DELETION OF CERTAIN USES FROM THE C-2
GENERAL COMMERCIAL DISTRICT AND FOR THE TRANSFER OF SOME OF
SAID USES TO THE I-1 LIGHT INDUSTRIAL DISTRICT, FOR NEW
CONSTRUCTION AND LOCATION REGULATIONS FOR CARPORTS, FOR
SCREENING REQUIREMENTS FOR OUTSIDE STORAGE, FOR REVISION OF
DRIVEWAY REQUIREMENTS, FOR REVISION OF CERTAIN REGULATIONS
GOVERNING NON-CONFORMING USES, AND FOR CERTAIN TECHNICAL
CORRECTIONS TO CONFORM TO EXISTING LAW; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATION; 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
to revise certain parts of the Zoning Ordinance; 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:
1
I
THAT, SECTION 1: AUTHORITY, is amended to read as follows:
SECTION 1: AUTHORITY
This Ordinance is prepared under the authority of Title 7 of the
Local Government Code, Vernon's Civil Statutes of the State of
Texas, to lessen congestion in the streets; secure safety from
fire, panic, and other dangers; promote health and the general
welfare; provide adequate light and air; prevent the overcrowding
of land; avoid undue concentration of population; facilitate the
adequate provision of transportation, water, sewers, schools,
parks, and other public requirements; regulate the height, number
of stories, and size of buildings and other structures; the
percentage of a lot that may be occupied; the size of yards,
courts, and other open spaces; population density; and the location
and use of buildings, other structures, and land for business,
industrial, residential, or other purposes.
II
THAT, SECTION 3: ADMINISTRATION, ENFORCEMENT AND FEES; SUBSECTION A -
ADMINISTRATION, is amended to read as follows:
A. ADMINISTRATION
The City Manager is hereby designated by the City Council as the
administrative official to supervise the administration and
enforcement of this ordinance. The City Manager may be provided
with the assistance of such other persons or consultants as the
City Council may direct.
There is hereby established the position of Code Enforcement
officer, who shall have the duty and responsibility of enforcing
compliance with this code. Such officer shall make inspections and
investigations and take such enforcement action as necessary to
insure compliance. Any such action shall be in accordance with the
express instructions of the City Manager.
The Code Enforcement Officer shall be appointed by the City
Manager, and such officer may appoint one or more Code Enforcement
Officers as deemed necessary by the City Manager.
(1) Right of Entry
(a) Whenever necessary to make an investigation or
inspection, or enforce any of the provisions of this
code, the Code Enforcement Officer with reasonable cause
to believe there exists in any building or upon any
premises, a violation of this Code, may enter such
building or premises at reasonable times to inspect,
investigate or enforce any suspected violations;
(b) Provided however, that if such building or premises be
occupied; that he shall first present proper credentials
2
and request entry. If such building or premises be
unoccupied, he shall first make a reasonable effort to
• locate the owner or other persons having charge or
control of the building or premises and request entry;
(c) If such entry is refused or if no owner or other person
having charge or control of the building or premises can
be located, the Code Enforcement Officer shall have
recourse to every remedy provided by law to secure entry.
III
THAT, SECTION 3: ADMINISTRATION, ENFORCEMENT AND FEES;
SUBSECTION B - VIOLATION AND PENALTIES, is amended to read as follows:
B. VIOLATION AND PENALTIES
The owner or general agent of a building or premises where a
violation of any provision of the regulations of this ordinance has
been committed or shall exist, or the lessee or tenant of an entire
building or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee, or tenant of
any part of the building or premises in which such violation has
been committed or shall exist, or the general agent, architect,
builder, contractor, or any other person who commits, takes part or
assists in any such violation or who maintains any building or
premises in which any such violation shall exist shall be guilty of
• a misdemeanor punishable by a fine of not less than ten dollars
($10.00) nor more than two thousand dollars ($2,000.00) for each
and every day that such violation continues.
IV
THAT, SECTION 3: ADMINISTRATION, ENFORCEMENT AND FEES;
SUBSECTION E - FEES, is amended to read as follows:
E. FEES
The City Council shall, by resolution, establish a schedule of
fees, charges, and expenses and a collection procedure for the
administration, permits, certificates of occupancy, zoning change
requests, zoning board of adjustment appeals and other matters
pertaining to this ordinance. The schedule of fees shall be posted
in the office of the zoning administrative official, and may be
altered or amended only by action of the City Council. Until all
applicable fees, charges, and expenses have been paid in full, no
action shall be taken on any application or appeal.
V
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
• (2) ADMINISTRATIVE OFFICIAL, is amended to read as follows:
3
(2) Administrative Official - The City Manager or other designated
authority charged with the administration and enforcement of
this Ordinance, or his duly authorized representative.
•
VI
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
(5) APARTMENT HOTEL, is amended to read as follows:
(5) Apartment Hotel - Any building larger than a boarding house
designed or built to be occupied as a series of separate
apartments or rooms by persons living independently of each
other. It is distinguished from an apartment house by the
relative short-term obligation for occupancy by a tenant,
usually week-to-week or month-to-month as opposed to longer
term leases.
VII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "AUTOMOBILE STORAGE LOT" be added after (7) AUTOMOBILE
SALES AREA, to read as follows:
(7.1) Automobile Storage Lot - An off-street area not open for
customers to drive into or through for the temporary or
permanent storage of any unlicensed motor vehicles.
VIII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "CARPORT" be added after (14) CAR WASH, to read as
follows;
(14.1) Carport - A structure built and used for the shelter and
protection of motor vehicles against the elements and
consisting of a roof and supports, open on three sides from
roof to adjacent ground level.
IX
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; is
amended by the deletion of (16) CONDITIONAL USE.
X
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "FENCE" be added after (24) FAMILY, to read as follows:
(24.1) Fence - A structure that functions as a barrier or boundary,
. usually constructed of posts, boards, wires, rails or masonry.
4
XI
THAT, SECTION 4: DEFINITION; SUBSECTION A - GENERAL INTERPRETATION;
• (44) MOBILE HOME, is amended to read as follows:
(44) Manufactured Housing or Manufactured Homes - A HUD code
manufactured home or a mobile home. Collectively means and
refers to both.
a. Mobile Home - A structure that was constructed before
June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more
in width or 40 body feet or more in length; or when
erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when
connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical
systems.
b. HUD - Code Manufactured Home - A structure, constructed
on or after June 15, 1976, according to the rules of the
United States Department of Housing and Urban
Development, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more
in width or 40 body feet or more in length; or, when
erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a
• dwelling with or without a permanent foundation when
connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical
systems.
XII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
(45) MOBILE HOME PARK OR SUBDIVISION, is amended to read as follows:
(45) Mobile Home Park or Subdivision - A parcel of land not less
than five (5) acres in size developed for rental or sale of
lots for the installation for residential uses of manufactured
housing and shall be governed by the provisions of the
subdivision regulations of the City of Richland Hills.
XIII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
(46) MOBILE HOME LOT, is amended to read as follows:
(46) Mobile Home Lot - That part of a parcel of land (mobile home
site) in a mobile home park which has been reserved for the
placement of one (1) unit of manufactured housing to be used
• as a single dwelling unit, whether the housing arrived in one
or more sections.
5
XIV
• THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
(49) NONCONFORMING USE, is amended to read as follows:
(49) Nonconforming Use - Use of a building or land which legally
existed previously, but that does not conform to the present
regulations as to use for the district in which it is
situated.
XV
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
new definitions "PARKING AREA"; "PARKING AREA, SEMI-PUBLIC"; "PARKING
AREAS, PUBLIC"; "PARKING LOT"; "PARKING LOT STRUCTURE, COMMERCIAL
(AUTO)"; "PARKING LOT, (TRUCK)"; "PARKING LOT SPACE"; AND "PARKWAY
AREA", are added after (49) NONCONFORMING USE, to read as follows:
(49.1) Parking Area An off-street area for the driving, parking,
display or storage of motor vehicles other than motor vehicles
stored on an automobile storage lot.
(49.2) Parking Areas Semi-Public - An open area other than a street
or alley used for temporary parking of more than four (4)
self-propelled vehicles as an accessory use to semi-public
institutions, such as schools, churches, hospitals and non-
. commercial clubs.
(49.3) Parking Areas, Public - Any open area other than a street,
alley or place used for the temporary parking of more than
four (4) self-propelled vehicles and available for public uses
as an accommodation for clients or customers.
(49.4) Parking Lot - An open surfaced area used exclusively for the
temporary parking of motor vehicles.
(49.5) Parking Lot Structure, Commercial (Autos - A structure devoted
to the temporary parking of automobiles for a fee.
(49.6) Parking Lot, (Trucks - A facility for temporary parking of
currently commercial licensed trucks in excess of one (1) ton.
(49.7) Parking Lot Space - A parking lot space is a surfaced area,
enclosed or unenclosed sufficient in size to store one (1)
automobile together with the surfaced driveway connecting the
parking space with the street or alley and permitting ingress
or egress of an automobile. A parking space shall not occupy
any public land.
(49.8) Parkwax Area - That portion of the public right-of-way lying
primarily between the edge of the pavement or curb and the
private property line, often corresponding with an easement.
•
6
XVI
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; is
. amended by the deletion of SUBPARAGRAPH (50) SCREENING ELEMENT (c).
XVII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "SERVICE STATION" is added after (50) SCREENING ELEMENT,
to read as follows:
(50.1) Service Station - An establishment for the retail sale of
petroleum products, automobile accessories, auto tune-up,
muffler installation incidental to the primary use, oil change
or other lubricative services in which all services provided
and all storage, supplies, parts, equipment and accessories
are indoors, with the exception of fuel-dispensing operations.
XVIII
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "SPECIAL USE" is added after "SERVICE STATION", to read
as follows:
(50.2) Special Use - The use of any building, structure, or land not
specifically allowed by district regulations, but permitted as
• special use in accordance with Section 6.
XIX
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION; a
new definition "VARIANCE" is added after (57) USE, ACCESSORY, to read as
follows:
(57.1) Variance - An adjustment in the application of the specific
regulations of the zoning ordinance to a particular piece of
property which, because of special conditions or circumstances
peculiar to the particular parcel, is necessary to prevent the
property owners from being deprived of rights and privileges
enjoyed by other property owners in the same vicinity and
zoning district.
XX
THAT, SECTION 4: DEFINITIONS; SUBSECTION A - GENERAL INTERPRETATION;
(58) VEHICLE SERVICE CENTER, is amended to read as follows:
(58) Vehicle Service Center - A center specializing in oil changes,
filter changes, chassis lubrication, engine tune-ups in which
vehicles are brought in, serviced and released generally
within one (1) hour. Service generally performed while owner
• remains on premises.
7
XXI
THAT, SECTION 5: GENERAL PROVISIONS; SUBSECTION A - ESTABLISHMENTS OF
• DISTRICTS, is amended to read as follows:
A. ESTABLISHMENT OF DISTRICTS
For the purpose of this ordinance the City of Richland Hills,
Texas, is hereby divided into ten (10) districts as follows:
R-1L - Single Family Residential - Large Lot
R-1 - Single Family Residential
R-2 - Two Family Residential
R-3 - Multiple Family Residential - Low Density
R-4 - Multiple Family Residential - High Density
C-1 - Restricted Commercial
C-2 - General Commercial
I-1 - Light Industrial
I-2 - Heavy Industrial
PB - Planned Business District
XXII
THAT, SECTION 5: GENERAL PROVISIONS; SUBSECTION C - MAP CERTIFIED, is
amended to read as follows:
C. MAP CERTIFIED
. The official zoning map shall be identified by the signature of the
Mayor, attested by the City Secretary and bearing the seal of the
City under the following words:
"This is to certify that this is the zoning map
adopted as part of the city zoning ordinance adopted
(date of adoption) by the City of Richland Hills".
XXIII
THAT, SECTION 5: GENERAL PROVISIONS; SUBSECTION D - LOCATION OF MAP, is
amended to read as follows:
D. LOCATION OF MAP
The official zoning map shall be in the custody of, and shall
remain on file in the office of the City Manager.
XXIV
THAT, SECTION 5: GENERAL PROVISIONS; SUBSECTION L - VISIBILITY AT
INTERSECTIONS, is amended to read as follows:
L. VISIBILITY AT INTERSECTIONS
8
On a corner lot, nothing shall be erected, placed, planted or
allowed to grow in such a manner as materially to interfere with
• traffic visibility across the corner. This visibility area shall
be a triangle measured twenty feet (20') from the point of right-
of-way line intersection. No objects on the ground in said
triangle shall exceed two and one-half feet (2-1/2') in height and
vegetation shall not droop to less than ten feet (10') from the
ground.
XXV
THAT, SECTION 5: GENERAL PROVISIONS; SUBSECTION 0 - HOME OCCUPATIONS;
(12) INTERPRETATION OF HOME OCCUPATIONS, is amended to read as follows:
(12) Interpretation of home occupations:
Administrative official or his duly authorized
representative shall interpret the provisions of
this section to determine the validity of a home
occupation subject to appeal to the board of
adjustment. A use considered not within the scope
of the home occupation provisions shall be subject
to the provisions of the commercial zones of this
chapter.
XXVI
• THAT, SECTION 6: CONDITIONAL USE5, is amended to read as follows:
SECTION 6: SPECIAL USES
A. STANDARDS
No application for a special use shall be recommended by
the planning and zoning commission unless such commission
finds all of the following conditions are present:
(1) That the establishment, maintenance, or operation of the
special use will not be materially detrimental to or endanger
the public health, safety, morals or general welfare;
(2) That the uses, values and enjoyment of other property in the
neighborhood for purposes already permitted shall be in no
foreseeable manner substantially impaired or diminished by the
establishment, maintenance, or operation of the special use;
(3) That the establishment of the special use will not
significantly impede the normal and orderly development and
improvement of the surrounding property for uses permitted in
the district;
(4) That adequate utilities, access roads, drainage and other
• necessary site improvements have been or are being provided;
9
(5) That adequate measures have or will be taken to provide
ingress or egress so designed as to minimize traffic
congestion in the public streets; and
• (6) That the special use shall conform to all applicable yard area
regulations of the district in which it is located.
B. CONDITIONS AND GUARANTEES
Prior to the considerations of recommending approval of any special
use, the planning and zoning commission may stipulate such
conditions and restrictions upon the establishment, location,
construction, maintenance, and operation of the special use as
deemed necessary to protect the public health, safety and general
welfare of the community and to secure compliance with the
standards and requirements specified in subsections (1) through (6)
of Section 6.A. In all cases in which special uses are requested,
the commission shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with before
recommendation to the City Council.
C. EFFECT OF DENIAL OF APPLICATION
No application for a special use which has been denied wholly or in
part by the Planning and Zoning Commission shall be resubmitted for
a period of six (6) months from the date of said denial.
• XXVII
THAT, SECTION 7: R-1L SINGLE FAMILY RESIDENTIAL LARGE LOT; is amended
by the deletion of SUBSECTION C - CONDITIONAL USES.
XXVIII
THAT, SECTION 8: R-1 SINGLE FAMILY RESIDENTIAL; is amended by the
deletion of SUBSECTION C - CONDITIONAL USES.
XXIX
THAT, SECTION 8: R-1 SINGLE FAMILY RESIDENTIAL; SUBSECTION D- AREA;
YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS, is amended to read as
follows:
C. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, minimum yard
sizes (front, side, and rear), maximum building height (stories and
feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of
• Section 16, "Schedule of District Regulations", and other
applicable provisions of Section 17, "Supplementary District
Regulations".
10
XXX
• THAT, SECTION 9: R-2 TWO FAMILY RESIDENTIAL; SUBSECTION E - AUTOMOBILE
PARKING SPACE REGULATIONS, is amended to read as follows:
D. AUTOMOBILE PARKING SPACE REGULATIONS
(1) Two-family dwellings shall have an attached, fully enclosed
garage capable of sheltering two (2) vehicles for each family
dwelling unit. In no case shall such garage consist of less
than three hundred sixty (360) square feet of floor space.
(2) Additional parking space requirements, see Section 19.
(3) Landscaping. In addition to paved parking and driving areas,
at least fifteen percent (15%) of the lot shall be maintained
in landscaped open area. If all or a portion of the parkway
is maintained in landscaped open area, such landscaped portion
shall reduce the amount of required landscaped area on the lot
at the rate of two ( 2 ) square feet of landscaped parkway area
for each required one (1) square foot of landscaping on the
lot.
XXXI
THAT, SECTION 10: R-3 MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY; is
amended by the deletion of SUBSECTION C - CONDITIONAL USES.
XXXII
THAT, SECTION 10: R-3 MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY;
SUBSECTION E - AUTOMOBILE PARKING SPACE REGULATIONS, is amended to read
as follows:
D. AUTOMOBILE PARKING SPACE REGULATIONS
(1) Multiple dwellings shall have an attached, fully enclosed
garage capable of sheltering two (2) vehicles for each family
dwelling unit. In no case shall such garage consist of less
than three hundred sixty (360) square feet of floor space.
(2) Additional parking space requirements, see Section 19.
(3) Landscaping. In addition to paved parking and driving areas,
at least fifteen percent (15%) of the lot shall be maintained
in landscaped open area. If all or a portion of the parkway
is maintained in landscaped open area, such landscaped portion
shall reduce the amount of required landscaped area on the lot
at the rate of two (2) square feet of landscaped parkway area
for each required one (1) square foot of landscaping on the
• lot.
11
XXXIII
. THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION B - GENERALLY;
(3) is amended to read as follows:
(3) All business, servicing or processing, shall be conducted
within completely enclosed buildings, except for temporary
off-street loading, while using the business or service.
XXXIV
THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION B - GENERALLY;
is amended by the addition of paragraph (6) LANDSCAPING and paragraph
(7) NOISE, to read as follows:
(6) Landscaping. In addition to paved parking and driving areas,
at least fifteen percent (15%) of the lot shall be maintained
in landscaped open area. If all or a portion of the parkway
is maintained in landscaped open area, such landscaped portion
shall reduce the amount of required landscaped area on the lot
at the rate of two ( 2 ) square feet of landscaped parkway area
for each required one (1) square foot of landscaping on the
lot.
(7) Noise. In this district no noise of activities conducted
within the business building shall be discernible above the
ambient noise level at the property line.
• XXXV
THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION C - USES
PERMITTED; PARAGRAPH (2) (a), is amended to read as follows:
(a) Art shops, artist's and professional studios, beauty parlors,
clothing stores, drug stores, grocery stores, small household
appliance and fixture repair shops, post office stations,
self-service laundries; and
XXXVI
THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION C - USES
PERMITTED; PARAGRAPHS (3) and (4) are combined and amended to read as
follows:
(3) Business and professional offices such as doctors, dentists,
attorneys, chiropractors, psychologists, insurance, real
estate, architects, engineers, accountants, building
contractors, and other similar uses;
12
XXXVII
• THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION C - USES
PERMITTED; PARAGRAPH (7) AUTOMOBILE PARKING LOTS AND STRUCTURES, is
amended to read as follows:
(7) Accessory parking lots and structures used in conjunction with
the principal commercial activity, but not automobile sales
areas or automobile storage lots.
XXXVIII
THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION C - USES
PERMITTED; is amended by the deletion of (11) ANTIQUE SHOPS.
XXXIX
THAT, SECTION 12: C-1 RESTRICTED COMMERCIAL; SUBSECTION G - SCREENING,
is amended to read as follows:
F. SCREENING
For screening requirements see Section 17.
XL
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION B-
GENERALLY; PARAGRAPH (2), is amended to read as follows:
(2) Outdoor activities and uses. In connection with any permitted
use, there shall be allowed the incidental display of
merchandise out of doors subject to all of the following
limitations:
(a) Incidental display for sale of seasonal retail items
shall be permitted only if it occupies no more than ten
percent (10%) of the total lot area.
(b) All sales of such merchandise shall be consummated
indoors, and no cash register or package wrapping counter
shall be located out of doors. Provided, however, sales
and delivery of gasoline may take place outdoors in this
district.
(c) Except as provided below, no display areas out of doors
shall extend from such a building a distance of more than
ten feet (10').
(d) Display for sale of structurally permanent items designed
to be marketed solely for residential use shall be
• permitted but only if such display occupies no more than
ten percent (10%) of the total lot area.
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(e) On any property in the general business district, the
temporary sale of Christmas trees and other forms of
• decorative plant materials associated with religious
celebration may be permitted. The enforcing officer
shall issue a permit for such sale when he finds:
(i) That there is available an off-street parking
area, either improved or unimproved, equal to
the size of the plant material display and
sales area, and;
(ii) That the location and layout of drives and
parking areas, of lighting, and of temporary
sales signs will not constitute a hazard to the
public traveling to or upon the abutting public
streets.
(iii) An administrative fee is to be charged in the
amount of thirty dollars ($30.00).
(f) For any such outside display a permit is required and
must be visible at all times. The fee for such permit
and the duration of same shall be established by
resolution of the City Council, and may be changed by the
Council in like manner. Vendors application will be
processed by same procedure as for solicitor's license.
Allowed:
• Christmas tree sales
Firewood sales
Not Allowed:
Roadside produce trucks
Roadside novelty sales
(g) For any building or more than thirty thousand (30,000)
square feet of floor area, outdoor storage and sale of
plants, fertilizer and garden supplies, excluding
lawnmowers, tractors, and other heavy equipment, is
permitted adjacent to the main business building in an
area not be exceed fifteen percent (15%) of the building
area. Such outside storage and sales area shall be paved
to the minimum standards provided by the zoning ordinance
and screened with a permanent six foot ( 6' ) high masonry
fence from view from all adjacent property and from all
public streets. A drive through shall be permitted in an
area not open to pedestrian traffic. Such. drive through
shall be equipped with gates capable of screening the
outside storage and sales area from view when closed.
Sales may be consummated within such screened area. The
screened area shall not occupy required fire lanes,
parking or landscaping nor shall it block access to the
• principal entrance of the building.
14
XLI
• THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION B -
GENERALLY; is amended by the addition of PARAGRAPHS (5) LANDSCAPING and
(6) NOISE, to read as follows:
(5) Landscaping. In addition to paved parking and driving areas,
at least fifteen percent (15~) of the lot shall be maintained
in landscaped open area. If all or a portion of the parkway
is maintained in landscaped open area, such landscaped area on
the lot at the rate of two (2) square feet of landscaped
parkway area of each required one (1) square foot of
landscaping on the lot.
(6) Noise. In this district no noise of activities conducted
within the business building shall be discernible above the
ambient noise level at the property line.
XLII
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of (7) HOTELS, APARTMENT HOTELS
AND MOTELS.
XLIII
• THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, PARAGRAPH (14) TIRE REPAIR SHOPS, is amended to read as
follows:
(14) Tire repair shops, associated with retail sales of new tires
with subsequent installation;
XLIV
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of PARAGRAPH (16) SPRAY PAINTING
OPERATIONS.
XLV
THAT, SECTION 13.: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of PARAGRAPH (21) AUTOMOBILE
SERVICE STATIONS.
XLVI
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of PARAGRAPH (27) CATERING
. ESTABLISHMENTS.
15
XLVII
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of PARAGRAPH (34) EXTERMINATING
SHOPS.
XLVIII
THAT, SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT; SUBSECTION C - USES
PERMITTED, is amended by the deletion of PARAGRAPH (43) LABORATORIES FOR
RESEARCH DEVELOPMENT AND TESTING.
IL
THAT, SECTION 13: GENERAL COMMERCIAL DISTRICT, is amended by the
deletion of SUBSECTION D - CONDITIONAL USES.
L
THAT, SECTION 13: GENERAL COMMERCIAL DISTRICT, SUBSECTION G, SCREENING,
is amended to read as follows:
F. SCREENING
• For screening requirements, see Section 17.
LI
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION B - GENERALLY;
PARAGRAPH (2), is amended to read as follows:
(2) All storage shall be within completely enclosed buildings or
effectively screened with screening not less than six feet
(6') nor more than eight feet (8') in height, provided no
storage located within fifty feet (50') of such screening
shall exceed the maximum height of such screening.
LII
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED;
PARAGRAPH (1), is amended to read as follows:
(1) Manufacture and sale of advertising products, such as signs
and billboards;
LIII
• THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED;
is amended by the addition of (2.1) AUTO BODY SHOP OPERATIONS as a
16
permitted use after (2) AMBULANCE, BUS, TRAIN AND TAXI STATIONS, to read
as follows:
• (2.1) Auto body shop operations;
LIV
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED;
is amended by the addition of (8.1) CATERING ESTABLISHMENTS as a
permitted use after (8) CAMERAS AND OTHER PHOTOGRAPHIC EQUIPMENT, to
read as follows:
(8.1) Catering Establishments;
LV
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED,
is amended by the addition of (15.1) EXTERMINATING SHOPS AND SERVICES as
a permitted use after (15) ELECTRONIC INSTRUMENTS, to read as follows:
(15.1) Exterminating shops and services;
LVI
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED,
. is amended by the deletion of (18) JEWELRY.
LVII
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED,
is amended by the addition of (17.1) LABORATORIES FOR RESEARCH
DEVELOPMENT AND TESTING as a permitted use after (17) INSECTICIDE AND
PESTICIDE, PACKAGING ONLY, to read as follows:
(17.1) Laboratories for research development and testing;
LVIII
THAT, SECTION 14; I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED,
is amended by the addition of (32.1) SPRAY-APPLICATION, as a permitted
use after (32) SHELL EGG BUSINESS, to read as follows:
(32.1) Spray application, dipping, coating, involving the application
of flammable or combustible materials as a spray by compressed
air, "airless" or "hydraulic automization", or by steam,
electrostatic methods, including the application of
combustible powders when applied by powder spray guns,
electrostatic powder spray guns and fluidized beds or
electrostatic fluidized beds.
17
LIX
• THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; SUBSECTION C - USES PERMITTED,
is amended by the addition of (2.1) "AUTOMOBILE SALES", as a permitted
use to read as follows:
(2.1) Automobile Sales
LX
THAT, SECTION 14: I-1 LIGHT INDUSTRIAL; is amended by the deletion of
SUBSECTION D - CONDITIONAL USES.
LXI
THAT, SECTION 15: I-2 HEAVY INDUSTRIAL; SUBSECTION B - GENERALLY, is
amended to read as follows:
B. GENERALLY
In the I-2 District, the regulations set out in this Section shall
apply in addition to those provided in Section 14.B, which shall
also apply to the I-2 District.
LXII
• THAT, SECTION 15: I-2 HEAVY INDUSTRIAL; SUBSECTION C - USES PERMITTED;
PARAGRAPH (2), is amended to read as follows:
(2) Uses permitted in C-1, C-2 and I-1 Districts, provided that no
dwelling or dwelling unit is permitted except those for
employees having duties in connection with any premises
requiring them to live on said premises, including families of
such employees when living with them;
LXIII
THAT, SECTION 15: I-2 HEAVY INDUSTRIAL; is amended by the deletion of
SUBSECTION D - CONDITIONAL USES.
LXIV
THAT, CHAPTER 12: ZONING, is amended by the addition of a new section
entitled SECTION 15.1: PB PLANNED BUSINESS DISTRICT after SECTION 15:
I-2 HEAVY INDUSTRIAL, to read as follows:
SECTION 15.1 PB PLANNED BUSINESS DISTRICT
No building, structure, land or premises shall be used and no
• building or structure shall be erected, constructed, reconstructed,
moved or altered except by approval of the City Council.
18
A planned business district shall be for the purpose of permitting
and regulating the uses of this district and further provide for
• and encourage the grouping of business buildings into centers in
keeping with modern concepts of office center and shopping center
design. The result is to allow development of tracts of land to
their fullest extent and at the same time observe the general
intent and spirit of development and zoning regulations.
In general, the height and bulk of buildings, the amount of open
space, the parking and loading requirements, shall be equal to
those in corresponding districts.
A tract of land may be zoned "PB" upon application by the owner or
his agent and only upon approval of a development plan for the
tract. The proponents of a Planned Development shall prepare and
submit to the Zoning Commission of a development plan containing
the following elements. The Commission or Council may require
additional requirements if necessary.
(1) The boundaries of the tract to be zoned planned business and
the area adjacent for a distance of five hundred feet (500').
(2) The existing topography.
(3) The proposed location and arrangement of buildings,
structures, parking areas, existing and proposed streets,
drives, and other public ways, drainage, landscaping, and
other features of the proposed development.
(4) An outline and rough draft of any restrictions and the use of
each building with covenants and provisions which will run
with the property.
(5) Sufficient approximate dimensions to indicate the relationship
between buildings, streets and drives and property lines.
(6) Preliminary elevation and plan drawings of proposed buildings.
The Zoning Commission will hold public hearings on the plan as
provided by the Zoning Ordinance. At such time the development,
as planned, meets with the approval of the Commission, the same
shall be duly approved and sent to the Council for action.
Upon final approval of the plan as required by law, construction
may proceed and conformance with the plan and all supporting
documentation is mandatory. Deviation from the approved plans
shall be reviewed by the Planning and Zoning Commission. The
Planning and Zoning Commission may upon review, require resubmittal
to Zoning Commission and governing body in the same manner as the
original rezoning procedure. The Council is vested with the
authority and power to stop construction of any planned project
that it has found to be in deviation to approved plans.
•
19
LXV
THAT, SECTION 16: SCHEDULE OF DISTRICT REGULATIONS, is amended to read
• as follows:
SECTION 16: SCHEDULE OF DISTRICT REGULATIONS
(see next page for footnotes)
ACCESSORY
DISTRICT RR=1L RR=1 R_2 RR=3 RR=4 C_1 CC=2 II=1 II=2 BUILDINGS
MAXIMUM
HEIGHT 35 35 35 45 45 `G ~ ' G' ` A~ ~ A~ ` I ~
(ft)
SIDE YARD ~ F ~
SET BACK 8 8 8 8 8 ~ A ~ ` A' ` A ~ ~ A ~ ~ F '
INTERIOR (ft) 5
CORNER LOT ' F'
STREETSIDE 15 15 15 15 15 15 15 15 15 ~F~
(ft) ~ 15
REAR YARD
SET BACK 25 25 25 20 20 ` A~ ` A~ ~ A ~ ` A ~ 5
(ft)
FRONT YARD ' H ' ` H ~ NOT
SET BACK 30 25 25 25 25 25 25 25 25 ALLOWED
(ft)
MINIMUM per dwlq
LOT SIZE 20,000 10,000 one two ` B' ~ C~ -0- -0- -0- -O- SEE MAXIMUM
(sq. ft) 750070000 LOT COVERAGE
HINIMUM
BUILDING 2,000 1,500 ~ D~ ~ D~ ` D ~ ~ D~ ` D ~ N/A N/A NOT
SIZE (sq. ft) APPLICABLE
PERCENT`E'
OF MASONRY 60 60 80 80 80 60 60 25 -0- NOT
(sq. ft) APPLICABLE
FRONTAGE 80 70 70 75 75 ~ A~ ~ A ~ ` A `A' NOT
(ft) APPLICABLE
MINIMUM LOT
DEPTH 120 120 120 120 100 ~ A~ ~ A ~ ` A~ ' A ~ NOT
(ft) APPLICABLE
?tAXIMUM LOT
COVERAGE 40 40 50 50 50 ~ A~ ~ A~ ` A' `A~ 30$ OF
(percent) REAR YARD
FOOTNOTES TO SCHEDULE OF DISTRICT REGULATIONS
A. None required, except where a nonresidential use abuts a
residential lot, then the requirement shall be the same as
adjoining residential zone. All structures shall comply with
visibility and parking requirements as provided elsewhere
within this ordinance.
•
20
B. Lot area shall be not less than nine thousand (9,000) square
feet for a building containing three (3) dwelling units. For
• each dwelling unit over three (3), an additional one thousand
five hundred (1,500) square feet of lot area is required for
each dwelling unit over three (3). A maximum of ten (10)
dwelling units may be constructed per acre.
C. Lot area shall not be less than seven thousand five hundred
(7,500) square feet for each dwelling group having three (3)
dwelling units. For each dwelling unit over three (3), an
additional one thousand (1,000) square feet of lot area is
required. A maximum of sixteen (16) dwelling units may be
constructed per acre.
D. Minimum building size shall be for:
One (1) bedroom unit 1,500 square feet.
Two (2) bedroom unit 1,600 square feet.
Three (3) or more bedroom unit 2,500 square feet.
E. Masonry requirements shall mean a brick, stone or masonry
exterior surface or similar material veneer attached to an
outside wall in the minimum percentage specified. The area of
doors and windows shall not be included when calculating the
exterior surface.
F.
(1) Existing nonconforming structures in a residential R-1
district may be enlarged, extended, added to or increased in
area to an extent that such addition or enlargement is
parallel to a side lot line, interior or corner, and that such
addition or enlargement is in direct line with the existing
dwelling exterior side walls.
(2) New accessory buildings may be erected, constructed or placed
in the rear yard of existing nonconforming structures in a
single family residential R-1 district parallel to a side lot
line, interior or corner, providing that such accessory
building is in line with the existing dwelling exterior side
walls and in no way encroaches on a side yard beyond the
existing structure.
G. Height requirements in C-1 and C-2 Districts where they abut
residential property:
Example:
35' building height at highest point - 25' setback
40' building height at highest point - 40' setback
45' building height at highest point - 55' setback
50' building height at highest point - 70' setback
21
H. 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 feet (5') from the side yard line, nor shall
same, or any part thereof, be located closer than
five feet (5') 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
bordered by cement curbing.
(b) The roof assembly of a carport may not exceed twenty
feet (20") in length or twenty-four feet (24') in
width, and inside clearance shall be between a
minimum of seven feet (7') and a maximum of nine
feet (9').
(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
condition. Carports constructed with a hip or gable
roof must be constructed with material which matches
the material used in the construction 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 inches (18"), 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.
22
(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.
I. DETACHED ACCESSORY
(1) Detached residential garage - no higher than roof of
existing dwelling.
(2) Detached carport - no higher than roof of existing
dwelling.
(3) Accessory buildings and sheds housing domestic lawn and
garden equipment and other household effects; Cabanas,
Gazebos, poolside dressing rooms, etc. - no higher than
twelve feet (12') measured from the adjacent ground level
at a point three feet (3') out from the slab elevation to
the lowest point of overhang on the roof.
LXVI
THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS; SUBSECTION A -
• SCREENING ELEMENTS AND FENCES; PARAGRAPH (3) RESIDENTIAL DISTRICTS -
GENERAL; SUB-PARAGRAPH (e), is amended to read as follows:
(e) No screening element or fence shall be erected, placed or
planted beyond the front building line in a residential
district except in compliance with Section 5M.
LXVII
THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS; SUBSECTION A -
SCREENING ELEMENTS AND FENCES; PARAGRAPH (4) NONRESIDENTIAL DISTRICTS -
GENERAL; SUB-PARAGRAPH (c), is amended to read as follows:
(c) Where a nonresidential district, lot or use abuts a
residential use, garbage, refuse, and trash collection/storage
is permitted but the screening thereof is required of the non-
residential usage, and such screening shall be provided around
all sides exposed to view from adjacent property or a public
street to a height adequate to screen same from view from such
adjacent property.
LXVIII
THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS; SUBSECTION A -
• SCREENING ELEMENTS AND FENCES; PARAGRAPH (4) NONRESIDENTIAL DISTRICTS -
GENERAL; SUB-PARAGRAPH (d), is amended to read as follows:
23
(d) In all districts where open storage is permitted and the
screening thereof is required, such screening shall be
• provided around all sides exposed to view form adjacent
property or a public street to not less than six feet (6') in
height.
LXIX
THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS; SUBSECTION B -
ACCESSORY BUILDINGS, is amended to read as follows:
B. ACCESSORY BUILDINGS
The following regulations shall govern the location, size, and use
of any accessory buildings:
(1) Accessory buildings shall be erected or placed in
accordance with Section 16: Schedule of District
Regulations.
(2) No accessory building shall be used for dwelling purposes
other than by domestic servants employed on the premises,
as provided in the applicable zoning district.
LXX
. THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS, is amended by the
deletion of SUBSECTION C - FRONT YARD ADJUSTMENTS.
LXXI
THAT, SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS; SUBSECTION D -
PROJECTIONS OF BUILDINGS, STRUCTURES INTO REQUIRED YARDS; is amended by
the deletion of PARAGRAPH (4).
LXXII
THAT, SECTION 18: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY, is
amended to read as follows:
SECTION 18: BUILDING PERMITS
Building permits and Certificates of Occupancy to be issued in
accordance with applicable building codes.
LXXIII
THAT, SECTION 19: PARKING SPACE REGULATIONS; SUBSECTION A - AUTOMOBILE
• PARKING SPACE REGULATIONS; PARAGRAPH (5), is amended to read as follows:
24
(5) A driveway for access to any single parking space or to a
parking lot shall be not less than eleven feet (11') in width,
. at the property line along the street and shall be so located
as to minimize traffic hazard and congestion.
LXXIV
THAT, SECTION 19: PARKING SPACE REGULATIONS; SUBSECTION B- RESIDENTIAL
OFF-STREET PARKING; PARAGRAPH (2) DEFINITIONS AND RESTRICTIONS; is
amended to read as follows:
(2) DEFINITIONS AND RESTRICTIONS
(a) It shall be illegal for any person to park or to allow to
be parked on any property under his control any
automobile, bus, truck or motorcycle on any portion of a
front yard or side yard of any area which is zoned R-1L,
Single Family Residential; 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 residential purposes,
unless:
(i) Said area is a part of a hard surfaced driveway or
parking area; or
(ii) Said area is a part of a gravel driveway bordered by
cement curbing or similar permanent border; and
(iii) Said area is a part of a required driveway that
provides access to a garage, carport or off-street
parking area required by the Comprehensive Zoning
Ordinance; or
(iv) Said area is part of a side yard which is enclosed
by a screening fence at least six feet (6') in
height and so constructed that no person can see
through into the area surrounded by the fence;
(b) The term "vehicle" as used herein shall mean every device
in, upon, or by which any person or property is or may be
transported or drawn upon a street or highway, except
devices moved exclusively by human power. The term "hard
surface" as used herein shall include cement, asphalt,
brick and other commonly accepted pavement which may be
approved by the building official;
(c) A driveway for access to any single parking space or to a
parking lot shall not be less than eleven feet (11') in
width, nor more than thirty feet (30') in width, at the
property line along the street and shall be so located as
to minimize traffic hazard and congestion.
(d) A drive apron means the connection between a driveway and
the traveled portion of a street, in the public right-of-
way, including any sidewalk area abutting thereon.
25
• LXXV
THAT, SECTION 20: NONCONFORMING USES; SUBSECTION A - INTENT; PARAGRAPH
(4), is amended to read as follows:
(4) Characteristics of use which were lawful before this ordinance
was passed and amended, but which would be prohibited,
regulated or restricted under the terms of this ordinance or
future amendments. It is the intent of this ordinance to
permit these nonconformities to continue until they are
removed. It is further the intent of this ordinance that such
nonconformities shall not be enlarged upon, expanded or
extended, nor be used as ground for adding other buildings and
structures or uses prohibited elsewhere in the same district;
except as authorized by Section 16: Schedule of District
Regulations.
Nonconforming uses are declared by this Ordinance to be
incompatible with permitted uses in the districts involved. A
nonconforming use of a building or structure, a nonconforming
use of land, or a nonconforming use of buildings and land in
combination shall not be extended or enlarged after passage of
this ordinance by attachment on a building or premises of
additional signs intended to be seen form off the premises, or
by the addition of other uses, of a nature which would be
prohibited generally in the district involved.
• To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction, or
designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or
amendment of this ordinance and upon which actual building
construction has been carried on diligently. Actual
construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a
permanent manner. Where excavation or demolition or removal
of an existing building has been substantially begun
preparatory to rebuilding, such excavation or demolition or
removal shall be deemed to be actual construction, provided
that work shall be carried on diligently.
LXXVI
THAT, SECTION 20: NONCONFORMING USES; SUBSECTION B - NONCONFORMING LOTS
OF RECORD; is amended by the deletion of PARAGRAPH (3) EXTENSION WHEN.
LXXVII
THAT, SECTION 20: NONCONFORMING USES; SUBSECTION B - NONCONFORMING LOTS
OF RECORD; is amended by the deletion of PARAGRAPH (7) BOARD APPROVED
• USE CONFORMS.
26
LXXVIII
• THAT, SECTION 21: PLANNING AND ZONING COMMISSION; SUBSECTION A -
CREATION OF PLANNING AND ZONING COMMISSION, is amended to read as
follows:
A. CREATION OF PLANNING AND ZONING COMMISSION
There is hereby created a Planning and Zoning Commission which
shall be organized, appointed and function as follows:
The Planning and Zoning Commission shall consist of five (5)
members who are residents of the City of Richland Hills, each to be
appointed by the City Council for a term of two (2) years and
removable for cause by the appointing authority upon written
charges and after public hearing. The Commission shall elect one
(1) member as Chairman. Vacancies shall be filled for the
unexpired term of any member, who place becomes vacant for any
cause, in the same manner as the original appointment was made.
Provided, however, that the City Council may appoint two (2)
Alternate members of the Planning and Zoning Commission who shall
serve in the absence of one (1) or more of the regular members when
requested to do so by the Chairman or City Manager, as the case may
be; and
The terms of two (2) members shall expire in May of each odd-
numbered year and the terms of three (3) of the members shall
. expire in may of each even-numbered year. Commission members may
be appointed to succeed themselves. Vacancies shall be filled for
a term in excess of two (2) years. Newly appointed members shall
be installed at the first regular Commission meeting after their
appointment.
LXXIX
THAT, SECTION 21: PLANNING AND ZONING COMMISSION; SUBSECTION B -
ORGANIZATION, is amended to read as follows:
B. ORGANIZATION
The Commission shall hold an organizational meeting in May of each
year. The Commission shall meet regularly at least once each
month, and shall designate the time and place of its meetings. The
Commission shall adopt its own rules of procedure and keep a record
of its proceedings consistent with the provisions of this Ordinance
and the requirements of law.
LXXX
THAT, SECTION 21: PLANNING AND ZONING COMMISSION; SUBSECTION C - DUTIES
AND POWERS; PARAGRAPH (4), is amended to read as follows:
• (4) Formulate a zoning plan as may be deemed best to carry out the
goals of the city plan; hold public hearings and make
recommendations to the city council relating of the creation,
27
amendment, and the implementation of zoning regulations and
districts as provided in Title 7 of the Local Government Code,
• Revised Civil Statutes of Texas, as amended, authorizing
cities and incorporate villages to pass regulations; all
powers granted under said Act are specifically adopted and
made a part hereof.
LXXXI
THAT, SECTION 21: PLANNING AND ZONING COMMISSIONS; SUBSECTION C -
DUTIES AND POWERS; PARAGRAPH (5), is amended to read as follows:
(5) Recommend to the City Council approval and disapproval of
plans, plats or replats. The final approval or disapproval of
plans, plats or replats shall be made by the City Council.
Exercise all other powers of a Commission as to approval or
disapproval of plans, plats or replats set out in Title 7 of
the Local Government Code, Revised Civil Statutes of Texas.
LXXXII
THAT, SECTION 21: PLANNING AND ZONING COMMISSIONS; SUBSECTION C -
DUTIES AND POWERS; is amended by the addition of PARAGRAPH (11), to read
as follows:
(11) Recommend to the City Council approval or disapproval of
• Special Use requests.
LXXXIII
THAT, SECTION 22: BOARD OF ADJUSTMENTS; SUBSECTION A - ORGANIZATION OF
BOARD ADJUSTMENT, is amended to read as follows:
The Board of Adjustment shall consist of five (5) members who are
residents of the City of Richland Hills, each to be appointed by
the City Council for a term of two (2) years and removable for
cause by the appointing authority upon written charges and after
public hearing. The City Council shall designate one (1) member as
Chairman. Vacancies shall be filled for the unexpired term of any
member, who place becomes vacant for any cause, in the same manner
as the original appointment was made. Provided, however, that the
City Council may appoint four (4) alternate members of the board of
adjustment who shall serve in the absence of one (1) or more of the
regular members when requested to do so by the Mayor or City
Manager, as the case may be. All cases to be heard by Board of
Adjustment will always be heard by a minimum of four (4) members.
These alternate members, when appointed, shall serve for the same
period as the regular members which is for a term of two (2) years,
and any vacancy shall be filled in the same manner and they shall
be subject to removal the same as the regular members.
28
LXXXIV
THAT, SECTION 22: BOARD OF ADJUSTMENTS; SUBSECTION E - JURISDICTION OF
BOARD OF ADJUSTMENT, is amended by the deletion of PARAGRAPH (1).
LXXXV
SAVINGS CLAUSE. That Chapter 12 of the Code of Ordinances, City of
Richland Hills, Texas, as amended, shall remain in full force and
effect, save and except as amended by this ordinance.
LXXXVI
SEVERABILITY CLAUSE. That it 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.
LXXXVII
PENALTY CLAUSE. Any person violating or failing to comply with the
• provisions of this Ordinance or any Code specified in Section One, as
listed above, shall be deemed guilty of a misdemeanor and each day any
violation or non-compliance continues shall constitute a separate and
distinct offense and upon conviction thereof such person(s) shall be
fined not less than Ten Dollars ($10.00) nor more than Two Thousand
Dollars ($2000.00) per day.
LXXXVIII
EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as provided by the Richland Hills
City Charter and the laws of the State of Texas.
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PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 8 day of ~Y 1989; by a
vote of 5 ayes, 0 nays and 0 abstentions.
APPROVED:
W. H. (Bill) Vincent, Jr., Mayor
ATT
auline Kempe, City cretary
APPR S TO FORM:
Paul F. Wieneskie, City Attorney
•
30