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HomeMy Public PortalAboutOrdinance No. 715-94 02-08-1994 ORDINANCE NO. 715-94 (z) AN ORDINANCE AMENDING CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS; ADDING CERTAIN DEFINITIONS; ADDING CERTAIN USES TO PERNIITTED USES IN CERTAIN ZONING CATEGORIES; ADDING AUDIT PROCEDURES; IlVIPOSING SPECIAL USE PERNIIT REQUIREMENTS FOR CERTAIN USES; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Section 4 "Definitions" of Chapter 12 "Zoning" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Subsection (8.5) "Bar or Tavern", which new subsection shall hereafter be and read as follows: (8.5) Bar or Tavern - An establishment licensed by the State for the sale of alcoholic beverages that derives seventy-five percent (75%) or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages for on-premises consumption. For purposes of this ordinance, any establishment which sells or serves alcoholic beverages in quantities which exceed seventy-five percent (75%) of the daily gross sales of said establishment is excluded from any other category or definition of establishments and shall be included in the category of establishments defined as bars. For purposes of this definition, "daily gross sales" shall be calculated using the normal selling price of all items of food and alcoholic beverages served in the establishment and shall reflect the price normally charged for such items in the particular establishment for which the daily gross sales figure is calculated whether such item is actually sold at normal selling price, below normal selling price, or in exchange for a cover charge, entrance fee or other consideration paid. Reduced prices charged during promotion, happy hours, and other occasions when drinks are sold at reduced prices or served at no charge, shall not be considered "normal selling price" for calculation of daily gross sales. II. That Section 4 "Definitions" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of new Subsection (51.5) "Package Liquor Store", which subsection shall hereafter be and read as follows: ORDINANCE NO. 715-94(z) PAGE 1 • (51.5) Package Liquor Store - A building or premise where the primary use is the retail sale of vinous or spiritous alcoholic beverages for off-premise consumption. Malt beverage sales are exempt from this definition. III. That Section 4 "Definitions" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Subsection (59.5) "Restaurant", which new subsection shall hereafter be and read as follows: (59.5) Restaurant -Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually served or available to the be served to patrons at all times such establishment is open to the public, and where food sales constitute not less than twenty-five (25%) of the daily gross sales of said establishment; and for purposes of this ordinance, any establishment which sells or serves alcoholic beverages in quantities which exceed seventy-five percent (75%) of the daily gross sales of said establishment is excluded from the category of establishments defined as restaurants and shall be included in the category of establishments defined as bars. For purposes of this definition, "daily gross sales" shall be calculated using the normal selling price of all items of food and alcoholic beverages served in the • establishment and shall reflect the price normally charged for such items in the particular establishment for which the daily gross sales figure is calculated, whether such item is actually sold at normal selling price, below normal selling price or in exchange for a cover charge, entrance fee or other consideration paid. Reduced prices charged during promotions, happy hours and other occasions when drinks are sold at reduced prices or served at no charge shall not be considered "normal selling price" for calculation of daily gross sales. lV. That Section 14 "I-1 Light Industrial" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition of new Paragraphs (55) and (56) to Subsection C "Uses Permitted" of said Section 14, which new paragraphs shall be and read as follows: (55) Bar or Tavern, but only by special use permit granted as provided elsewhere in this Code. (56) Dance hall or nightclub, but only by special use permit granted as provided elsewhere in this Code. V. That Subsection C "Uses Permitted" of Section 12 "C-1 Restricted Commercial" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the amendment of Paragraph (5) under such Subsection C, so that such Paragraph (5) shall be hereafter be and read as follows: ORDINANCE NO. 715-94 (z) PAGE 2 • (5) Bakeries, cafes, confectionaries, ice cream shops and restaurants which prepare food stuffs for on-site retail sale only, but only by special use permit granted as provided elsewhere in this Code; VI. That Subsection C "Uses Permitted" of Section 13 "C-2 General Commercial District" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by amendment of Paragraph (51) of said Subsection C, so that such paragraph shall hereafter be read as follows: (51) Restaurants, but only by special use permit granted as provided elsewhere in this this Code; VII. That Section 6 "Special Uses" of Chapter 12 "Zoning" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: Section 6 -Special Uses A. Purpose • Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a special use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a special use permit as noted elsewhere in this Chapter does not constitute a grant of privilege for such use, nor is there any obligation to approve a special use permit unless it is the finding of the city planning and zoning commission and city council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood. B. Permit required. No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a special use permit has been issued by the city council. The granting of a special use permit shall be done in accordance with the provisions for amendment of this zoning ordinance. • ORDINANCE NO. 715 - 9 4 (Z) PAGE 3 • C. Application procedure. (1) An application for a special use permit shall be filed with the city planning department on a form prepared by the city. The application shall be accompanied by the following: (a) A completed application form signed by the property owner; (b) An application fee as established by the city's latest adopted schedule of fees; (c) A certificate stating that all city and school taxes have been paid current to-date; (d) A property description of the area where the special use permit is proposed to apply; (e) A site plan complying with the requirements stated in this section which will become a part of the special use permit, if approved; and (f) Any other material and/or information as may be required by the planning and zoning commission, the city council or the city manager to fulfill the purpose of this subsection and to ensure that • the application is in compliance with the ordinances of the city. (2) A site plan shall contain, at a minimum the following information: (a) Boundary of the area covered by the site plan: (b) A description of all processes and activities involved in the proposed use; (c) Existing and proposed buildings and structures, including their height, roof line, gross floor area, location of entrances and exits, areas for storage, and areas where work is performed; (d) Existing drainageways and significant natural features, such as large trees, tree clusters, steep slopes, etc.; (e) Proposed landscaping and screening buffers; (f) Location and dimensions of all curb lines, public and private streets, easements, parking and loading areas, pedestrian walkways, lighting facilities, and outside trash storage facilities; (g) The location, height, and type of wall, fence and/or other type of screening; and ORDINANCE NO. ~ 15-94 (z) PAGE 4 • (f) The location, height and size of all proposed signs. (3) The following additional information shall be provided prior to approval subject to the provisions of Subsection D; (a) Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility. (b) Description of the present use, assessed value and actual value of the land affected by the proposed facility. (c) Description of the proposed use, anticipated assessed value and supporting documentation. (d) A description of any long-term plans or master plan for the future use or development of the property. (e) A description of the applicant's ability to obtain needed easements to serve the proposed use. (f) A description of any special construction requirements that may be necessary for any construction or development on the subject property. • (g) If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified professional engineer qualified in the field of traffic engineering and forecasting. D. Waiver of permit requirements. (1) Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the city council, upon recommendation by the planning and zoning commission, may waive any part, or all, of the application requirements imposed by Subsection C. (2) The city council may grant such a wavier only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant. E. Condition of permit approval. A special use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of . the following conditions have been found to exist: ORDINANCE NO. 715-94(z) PAGE 5 • (1) The proposed use complies with all the requirements of the zoning district in which the property is located. (2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city. (3) The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use. (4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided. (5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. • (6) The issuance of the special use permit does not impede the normal and orderly development and improvement of neighboring vacant property. (7) The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood. (8) The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity. (9) Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight. (10) Sufficient onsite lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties. (11) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties. (12) The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the • costs. ORDIlVANCE NO. 71 5 ~Z~ PAGE 6 (13) The proposed use is in accordance with the city's comprehensive plan. F. Additional conditions. In authorizing a special use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community. G. Time limit. A special use permit issued under this division shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially underway during the two-year period, or unless an extension of time is approved the city council. H. Revocation of permit. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons: (a) The permit was obtained or extended by fraud or deception. (b) One or more of the conditions imposed by the permit has not been met or has been violated. In determining whether a condition of a special use permit concerning the ratio of alcohol to food sales has been or is being met, the city shall have the right to determine by audit whether such ratio is being met, and may select any ninety consecutive day period for audit not more frequently than twice per calendar year. Such special use permit holders shall keep daily records of food sales and alcohol sales and shall retain said records for a period of at least one year. A summary of weekly sales of food and alcoholic beverages shall be submitted each six months to the city secretary not later than February 1st and August 1st, covering the periods July 1st to December 31st, and January 1st to June 30, respectively. Should such audit show that the required ratio is not being maintained, the special use permit shall be subject to revocation or suspension by the code enforcement officer until the permit holder satisfies the code enforcement officer that such required ratio can be met. In addition, failure to meet such ratio shall constitute a violation of this zoning ordinance and shall subject the permit holder and the property to all remedies provided elsewhere herein for abatement or punishment of a violation of this zoning ordinance. • ORDINANCE NO. ~ 15-94 (z) PAGE 7 I. Amendments to specific use permits. The procedure for amending a specific use permit shall be the same as for a new application, provided the code enforcement officer may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods. VIII. 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 thereto of a new Subsection E "Accessory Uses; Limitations; Alcohol-Related Accessory Uses" which new subsection shall hereafter be and read as follows: E. Accessory Uses: Limitations: Alcohol-Related Accessory Uses (1) Accessory uses shall be subject to the following restrictions: If the use is conducted outside of a building, it may not occupy more than ten percent (10%) of the area of the lot containing the main use. If the accessory use is conducted indoors, it may not occupy more than ten percent (10%) of the main use. Any use which exceeds these area restrictions shall be considered a separate use hereunder. (2) An establishment selling alcoholic beverages that is customarily incidental to a main use, such as a bar within a hotel or restaurant, or a food court or concession area selling, among other things, alcoholic beverages within a mall or convention facility, is not limited to the ten percent (10%) area restriction, and will be considered as part of the main use when determining the gross revenue derived by the establishment from the sale of alcoholic beverages. IX. 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. X. Saving 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. ORDINANCE NO. 71 5-94(Z) PAGE 8 • XI. 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. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 8th day of Feb,-LarL, 1994, by a vote of ayes, nays, and o abstentions. APPROVED: C. F. elley, Mayor ATTEST: Terri Willis, City Secretary APPROVED AS TO FORM: Paul F. Wieneskie, City Attorney mlib447/bh/010594 ORDINANCE NO. ~ 15-94 (z) PAGE 9