HomeMy Public PortalAboutOrdinance No. 838-98 04-28-1998
• ORDINANCE NO. 838-98
AN ORDINANCE AMENDING SECTION 23 "AMENDMENTS"
OF CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES
OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED,
TO PROVIDE MORE STREAMLINED PROCEDURES FOR
CONSIDERATION OF ZONING CHANGE REQUESTS BY THE
PLANNING AND ZONING COMMISSION AND BY THE CITY
COUNCIL; PROVIDING A SEVERABILTTY CLAUSE;
PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, the Zoning Ordinance of the City of Richland Hills, Texas, contained
in Chapter 12 of its Code of Ordinances, contains procedures for amending said
ordinance to change zoning classifications on individual lots or tracts of land; and
WHEREAS, the procedures currently contained in the Richland Hills Zoning
Ordinance allow for consideration of only the zoning classification requested by the
applicant for said change, as listed in the original application; and
WHEREAS, under said current ordinance provisions, if the City Council of the
City of Richland Hills, Texas, in its discretion, determines that the zoning
classification on the subject property should be changed to a classification different
from the one requested by the applicant, the entire process must be started over at
the Planning and Zoning Commission level; and
WHEREAS, such current ordinance provisions are cumbersome, needlessly
time-consuming, and do not tend to promote development of property within the city
or efficient use of time and resources by the City Council and City staff; and
WHEREAS, the Planning and Zoning Commission has reviewed the amendments
to said procedures proposed herein, and has made its recommendation on said
proposed amendments to the City Council; and
WHEREAS, the City Council of the City of Richland Hills, Texas, hereby finds
and determines that the amendments and changes to the procedures for rezoning
property contained hereinbelow will streamline the rezonig process and promote
more efficient use of time and resources by the City Council, City staff and Planning
and Zoning Commission, while retaining adequate provisions for notice of proposed
changes and for input by interested citizens and property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Subsections C "PROCEDURE", E "COMMISSION REPORT" and L
"COUNCIL ACTION ON APPLICATION" of Section 23 "AMENDMENTS" of Chapter
12 "ZONING" of the Code of Ordinances of the City of Richland Hills, Texas, as
amended, be hereby amended to hereafter be and read as follows:
ORDINANCE NO. PAGE 1
• C. PROCEDURE
All requests for amendments to zoning district boundaries shall be
submitted, together with required fees to the administrative official,
which officer shall cause notices to be sent and the petition placed on the
Planning and Zoning Commission agenda.
The City Council may not enact any proposed amendment until the
Planning and Zoning Commission makes its final report to the City
Council. The City Council may refer proposed amendments to the
Planning and Zoning Commission for recommendation. Requests for
changes in zoning districts shall include the proposed designation or
designations for the area concerned. Alternative proposals may be made
at the time of filing the original request for amendment, however all
hearings and deliberations shall be limited to the zoning classification
requested by the applicant at the time of original filing, or a more
restrictive classification. For purposes of this Section, R-1L shall be
considered the most restrictive zoning classification, then, in decreasing
order of restrictiveness, R-1, R-2, R-3, R-4, C-1, C-2, I-1 and I-2, with
I-2 being the least restrictive zoning classification in the City.
E. COMMISSION REPORT
The Planning and Zoning Commission, after the public hearing is closed
shall vote on its recommendations on the proposed change to be sent in a
report to the City Council. Such report may recommend for or against
such proposed change, or may recommend against the requested zoning
classification and in favor of a more restrictive zoning classification, and
may, but need not, include reasons for such decision. The Commission may
defer its report for not more than sixty (60) days until it has had
opportunity to consider other proposed changes which may have a direct
bearing thereon. If the Commission fails to finally report after sixty (60)
days, it would be deemed to have recommended negatively to the proposal.
L. COUNCIL ACTION ON APPLICATION
The proponent of any zoning change shall satisfy the City Council that
either the general welfare of all the city affected by the area to be
changed will be enhanced, or that the property is unusable for the purposes
allowed under existing zoning. If such is proved to the council's
satisfaction, it may grant the requested zoning change; or it may change
ORDINANCE NO. 838-98 PAGE 2
• the zoning to a more restrictive zoning classification than was requested;
or it may change the zoning designation of a portion of such property; or it
may initiate a request to consider changing all or a portion of such
property to a district less restrictive than that requested and of a
different character.
II.
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.
III.
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.
1V.
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 28th day of ~,z r; ~ 1998, by a vote
of 5 ayes, 0 nays, and 0 abstentions.
p~D APPROVED:
~ 'gym`'
~ ~ C. F. Kelley, Mayor
w t * ~ ,~~,r tea'.
ATTEST: ~ ':`:~9~''
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Willis, City Secretary
PPRO ED AS TO FORM AND L GALITY:
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•
aul F. Wieneskie, Ci y Attorney
rhlib391/030298
ORDINANCE NO. 838-98 PAGE 3