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Home My Public Portal AboutOrdinance No. 958-03 06-10-2003 . ORDINANCE NO. 958-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMI±;NDING SECTION 90-240 CHAPTER 48 OF THE CITY CODE, WHICH ESTABLISHES CERTAIN LANDSCAPING REQUIREMENTS ~'OR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY RESIDENTI AI. DEVELOPMENT, TO PERMIT ENGINEERED DECORATIVE CONCRETE PANELS WHEN MASONRY SCREENING WALLS ARE REQUIRED; AND AMENDING CHAPTER 90 OF THE CITY CODE, THE CITY`S COMPREHENSIVE ZONING ORDINANCE, TO PERMIT ENGINEERED DECOKATIVE CONCRETE PANELS WHEN MASONRY SCREENING WALLS ARE REQUIRED; PROVIDING THAT THIS ORDINANCE SHALL, BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has previously established both a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a landscaping ordinance, codified as Chapter 48 of the City Code; and WHEREAS, the City Council has deterniined that it is in the best• interests of the City to remove industrial districts from the requirements of Chapter 48, except as to the requirements for bufferyards when bordering other zoning districts; SECTION 1. DELETION OF INDUSTRIAL DISTRICTS FROM LANDSCAPING REQUIFEMENTS OF CHAPTER 48 EXCEPT FOR THE REQUIREMENTS OF SECT[ON 48-4 (c), ESTABLISHING CERTAIN REQUIREMENTS FOR BUFFERYARDS Section 48-3 of the Richland Hills City Code is hereby amended to provide as follow:: applicability to Zoning Districts. This Chapter shall apply in its entirety, to both new development and re-development in all zoning districts within the city of Richland Hills with the exception of I-1 Light Industrial, I-2 Heavy Industrial, R-iL, single-family residential large lot; R-1, single family residential; and PUD, planned unit development districts. Z'he provisions of Subsection 48-4 (c) of this Chapter, establishing certain requirements for bufferyards, including landscaping and screening fences, shall also apply in I-1 bight Industrial and I-2 Heavy Industrial zoning districts. • SECTION 2. DELETION OF CHAPTER 48 REQUIREMENTS EXCEPT FOR BUFFERYARDS IN I-1 HEAVY INDUSTRIAL DISTRICT REGULATIONS Subsection (11) of Section 90-239 of Article VIII, Division 2, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Landscaping. Landscaping regulations within the I-1 district shall be as follows: a. In addition to paved parking and driving areas, at least 15 percent of the required front yard setback shall be maintained in landscaped open area. b. Developments that abut districts zoned commercial, residential, multifamily or other zoning districts shall provide a bufferyard as provided in Subsection (c) of Section 48-4 of Chapter 48 of the City Code. c. Landscaping plantings shall not be erected or installed in such a manner as to interfere with traffic views or impose safety hazards. d. All landscaping shall be permanently maintained in a neat and orderly manner, and shall be kept free of trash and litter. Provisions shall be made at the time of installation of such landscaping for an adequate, inconspicuous watering source. • SECTION 3. DELETION OF CHAPTER 48 REQUIREMENTS EXCEPT FOR BUFFERYARDS IN I-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS Subsection (8) of Section 90-240 of Article VIII, Division 2, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Developments that abut districts zoned commercial, residential, multifamily or other zoning districts shall provide a bufferyard as provided in Subsection (c) of Section 48-4 of Chapter 48 of the City Code. SECTION 4. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. • AMENDMENT OF CHAPTER 48 AND CHAPTER 90 TO EXEMPT INDUSTRIAL DISTRICTS FROM LANDSCAPING REQUIREMENTS Page 2 W~.\Richland Hills\OrdinanceWmendment of Chapter 48 and Chapter 90 to exempt Indusnial Disnicts from Landscaping Requirments.wpd • SECTION 5. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance twice in the official city newspaper as authorized by Section 52.013 of the Local Government Code. SECTION 7. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among • the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. • AMENDMENT OF CHAPTER 48 AND CHAPTER 90 TO EXEMPT INDUSTRIAL DISTRICTS FROM LANDSCAPING REQUIREMENTS Page 3 W:\Richland Hills\Ordinance\Amendment of Chapter 48 and Chapter 90 to exempt Industrial Districts from Landscaping Requirments.wpd PASSED AND APPROVED ON THIS ti DAY OF , 2003. • -ti_____ THE NORABLE NELDA STRODER, MAYOR ATTEST: WILLIS, CITY SECRETARY EFFECTIVE:~~Gt/L ~ ' , ~ ~ DS APPROVED FO AND LEGALITY: TIM G. SRALLA, IT ATTOR Y • AMENDMENT OF CHAPTER 48 AND CHAPTER 90 TO EXEMPT INDUSTRIAL DISTRICTS FROM LANDSCAPING REQUIRF,MENTS Page 4 W:\Richland Hills\Ordinance\Amendment of Chapter 4g and Chapter 90 to exempt Industrial Districts from Landscaping Requitments.wpd INVOICE r'r~,~«~ Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252530541 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 3/1/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25253054 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRIGHT Publication Date: 3/1/05 Locattion C.ol Depth Linage MU Rate Amount :ia~ u CITY OF RICHLAND HILLS The fol 13580 1 96 96 LINE $0.53 $50.88 CITY OF RICHLAND HILLS The following ordi-, Hance was ed. Net Amount: $50.88 by the Richland Hies, 1CI0~20ttyy03 (caption and' pOR[)fNANCE NOy~~ 958-03 AN ORDINANCE OF! THE CITY OF! T XAS NAMENDINSG` SECTION 90-240 i I CHAPTER 48 OF. ~ THE CITY CODE, WHICH ESTABLISH-, ES CERTAIN LAND- t QUIREMENTS FORS COMMERCIAL, IN- DUSTRIAL AND MULTI-FAMILY RESIDENTIAL DE- j~„1';~ CHRISTYL,HOLI.AND VELOPMENT, TO PERMIT ENGI- i* MY C®MM19310N EXPIgE& NEERED DECORA- ; ~ e)U~131, Zl~g TIVE CONCRETE 17 PANELS WHEN MA- ~„qp~,~' SONRY SCREENING QUIRED~ ARE AND TER 90 OF THE CITY THE ST CODE THE CITY S COUn COMPREHENSIVE tY ZONING ORDI- NANCE TO PERMIT ORATIVERED CON- nd fOr S31d Coun and State this da Before I CRETE PANELS ry Y personally appeared Lisa WeSSelman, Bid and Legal Coordinator for the WHEN MASONRY ~ by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the AREEENFDNEQUIRED advertisement was published in the above n mad a er on the listed dates: -IDS 8i LEGAL DEPT. STAR TLEGRAM (B 17) THI3VIDORIDNANCE SHALL BE CUMU- ORDENAtVCESI PROVIDING A SEV- $igni:d PROVIDING APEN- ALTY FOR VIOLA- SUBSC TION; PROVIDING f0 BEFORE ME, THIS Thursday, March 10, 0 FOR PUBLICATION AS REQUIRED BY LAW; AND PROVID- Notary Public ~ vc ING AN EFFECTIVE DATE. ANY PERSON FIRM OR CORPOFIATION WHO VIOLATES, NEGLECTS] OR RED Thank WjTH OR WHO RE r Payment SISTS THE EN- FORCEMENT OF ~ ~ ._.-.._.V. . ..V.V.. ANY OF THE PRO- ORD N NCEFSHALL BE FINED NO MORE THAN TW~~~$O THOU- FORDV IOtAYION ~ O~ Remit THIS ORDINANCE. gram Customer ID: CIU08 EACH DAY THAT A~ VIOLATION IS PER- MITTED TO EXIST 9O1 OS 1 Customer Name: CITY OF RICHLAND HILLS AH SEPARATET OF TENSE. ~RTH, TX 76101-2051 Invoice Number: 252530541 APPROVED: ATTEST: iS/ /S/ NELDA S. STRODER, Invoice Amount: $50.00 TEAOCITYI SECRE- TAR~' PO Number: A complete copy of this ordinance is available ~ - for review in the City Amount Enclosed: Secretary's Office, Dave aRichlan dDHills Texas.'