HomeMy Public PortalAboutOrdinance No. 891-01 02-27-2001 ORDINANCE NO. 891-01
• AN ORDINANCE AMENDING ORDINANCE NO. 817-97,
WHICH ADOPTED A NEW CHAPTER 14 "SIGN CODE"
FOR THE CODE OF ORDINANCES OF THE CITY OF
RICHLAND HILLS, TEXAS; AMENDING SECTION 11
"VARIANCES" OF SAID NEW SIGN CODE BY PROVIDING
FOR APPEALS FROM A DETERMINATION OF THE
ZONING BOARD OF ADJUSTMENT ON A REQUESTED
VARIANCE FROM SAID NEW SIGN CODE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Richland Hills, Texas, heretofore on May 13,
1997, adopted Ordinance No. 817-97 containing a new Chapter 14 "SIGN CODE" to be placed in
the Richland Hills Code of Ordinances; and
WHEREAS, said new sign code contains, in Section 11 thereof, a procedure for variances
from the size, location or construction requirements of that ordinance; and
WHEREAS, the Richland Hills Sign Code does not form any part of the Richland Hills
Zoning Ordinance, and was not enacted under the authority of Chapter 211 of the Texas Local
Government Code; and
• WHEREAS, because no procedures currently exist for an appeal from the determination
of the Zoning Board of Adjustment, acting as a board of appeals under the sign code, there is
uncertainty as to the availability and appropriate avenue for any such appeal from such a variance
determination; and
WHEREAS, in order to provide clarification and certainty regarding such an appeals
process, the City Council hereby finds that parties dissatisfied with a determination of the Zoning
Board of Adjustment, acting as the board of appeals under the sign code, should have available to
them an appeal to the City Council of any such determination; and
WHEREAS, the following ordinance provisions will promote the health, safety and general
welfare of the citizens of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Section 11 "VARIANCES" of Chapter 14 "SIGN CODE" of the Code of Ordinances
of the City of Richland Hills, Texas, as adopted by Ordinance No. 817-97, and as thereafter
amended, shall be hereby amended by the addition thereto of the following paragraph:
•
If the applicant or the city is dissatisfied with the decision of the
• Zoning Board of Adjustment, acting as the Board of Appeals,
concerning a variance requested hereunder, the dissatisfied party may
appeal such decision to the Richland Hills City Council for final
determination. Such appeal shall be initiated by the appellant
presenting a written notice of appeal to the city secretary, stating the
appellant's desire to appeal and the decision or portion of decision of
the Zoning Board of Adjustment from which the appellant desires to
appeal. No additional fee shall be charged for such an appeal. Upon
hearing such appeal, the City Council, by majority vote, may affirm,
reverse or modify the decision of the Zoning Board of Adjustment
upon said variance request.
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 14 of the Code of Ordinances, as enacted by Ordinance No.
817-97, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and
except as amended by this ordinance.
IV.
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 27~day of F~~~2001, by a vote of 4 ayes, ~ nays,
and ~ abstentions.
APPROVED:
-,r „J
.
C. F. Kelley, Mayor
•
ORDINANCE NO. 8.9?-(~~ Page 2
• ATTEST:
r
Terri Willis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
James A. Cribbs, City Attorney
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