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HomeMy Public PortalAboutOrdinance No. 959-03 06-10-2003 4 ORDINANCE NO. 959-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 48 OF THE CITY CODE, WHICH ESTABLISHES CERTAIN LANDSCAPING REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL 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 DECORATIVE 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 ofthe City Code, and a landscaping ordinance, codified as Chapter 48 of the City Code; and WHEREAS, both said Chapters require masonry screening walls along the boundaries of properties in certain circumstances; and WHEREAS, the City Council has determined that engineered decorative concrete panels should be allowed when either of said Chapters require the construction of masonry screening walls; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 48-2 Section 48-2 of Chapter 48 of the Richland Hills City Code is hereby amended by the addition of the following definition: Masonry shall have that meaning set forth in Chapter 90 of the City Code, provided, however, that when used in this Chapter in regard to screening walls, engineered decorative concrete panel construction shall also be permitted. • SECTION 2. AMENDMENT OF SECTION 90-202 (i)(6) OF CHAPTER 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-292 (b) of Article VII, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: For any building with more than 30,000 square feet of floor area, outdoor storage and sale of plants, fertilizer and garden supplies, excluding lawnmowers, tractors and other heavy equipment, are permitted adjacent to the main business building in an area not to exceed 15 percent of the building area. Such outside storage and sales area shall be paved to the minimum standards provided by this chapter and screened from view from all adjacent property and public streets with a permanent six-foot high fence composed of masonry or engineered decorative concrete panels. 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 such drive-through is 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. SECTION 3. • AMENDMENT OF SECTION 90-292 (b) OF CHAPTER 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-292 (b) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Nonresidential uses in a residential district shall be screened from view of an adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with a decorative wall composed of masonry or engineered decorative concrete panels, such wall to be of not less than six feet in height. Such screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than 3% feet in height. Off-street loading areas of a nonresidential use shall be screened from the view of any residential dwelling or lot, or of any other adjacent public or semipublic land use. • ORDINANCE AMENDING CHAPTERS 48 AND 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL WALLS IN LIEU OF MASONRY Page 2 W:\Richland Hills\OrdinanceWmendment of Chapters 48 and 90 to permit engineered decorative concrete walls in lieu of masonry.wpd SECTION 4. • AMENDMENT OF SECTION 90-292 (c) OF CHAPTER 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-292 (c) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Where an R-3 or R-4 multifamily or nonresidential district abuts an R-1 L, R-1 or R-2 district, the side and rear property lines of such multifamily or nonresidential district shall be screened from view with a decorative wall composed of masonry or engineered decorative concrete panels, such wall to be of not less than six feet in height. SECTION 5. AMENDMENT OF SECTION 90-293 (a)(1) OF CHAPTER 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-293 (a)(1) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: The owner of the subject property shall construct a decorative wall composed of masonry or engineered decorative concrete panels, such wall to be not less than six • feet in height, on the subject property as close to the property line as is feasible, provided that such screening fence shall be located outside of any public easement or right of way, so as to not interfere with the installation or maintenance of any public utility line, roadway, service or drainageway located within or to be located within such public easement or right of way. Such fence shall extend the entire length of the property lines and the sight lines between the subject property and the single-family ortwo-family residential property, so as to obscure the view from the single-family or two-family residential property of the subject property (provided such fence shall not extend into any visibility triangle required by Chapter 48). SECTION 6. AMENDMENT OF SECTION 90-293 (a)(2) OF CHAPTER 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-293 (a)(2) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: When the properties are separated by a street or alley, and an automobile parking lot or parking area is located in the front yard of the subject property, then the owner of the subject property shall construct a decorative wall composed of masonry or • ORDINANCE AMENDING CHAPTERS 48 AND 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL WALLS IN LIEU OF MASONRY Page 3 W:\Richland Hills\OrdinanceWmendment of Chapters 48 and 90 to permit engineered decorative concrete walls in lieu of masonry.wpd • engineered decorative concrete panels, such wall to be not less than 3 %2 feet in height, on the subject property as close to the property line as is feasible, provided that such screening fence shall be located outside of any public easement or right of way, so as to not interfere with the installation or maintenance of any public utility line, roadway, service or drainageway located within or to be located within such public easement or right of way. Such fence shall extend the entire length of such automobile parking lot or parking area along the property lines and the sight lines between the subj ect property and the single-family ortwo-family residential property, so as to obscure the view from the single-family or two-family residential property of such automobile parking lot or parking area the subject property (provided such fence shall not extend into any visibility triangle required by Chapter 48). SECTION 7. AMENDMENT OF SECTION 90-293 (d) OF CHAPTER 90 TO REFER TO ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-293 (d) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Any screening element or wall which is required by this section to be comprised, in whole or in part, of brick, masonry, concrete, engineered decorative concrete panels, solid metal, or other permanent material shall be erected on the nonresidential use • property, outside of any public easement or right of way, so as to not interfere with the installation or maintenance of any public utility line, roadway, service or drainageway located within or to be located within such public easement or right of way. Any screening element or wall required by this section which is to be comprised entirely of wood may be located in a public easement or right of way only if the property owner first obtains written permission from the Administrative Official based upon a determination by the Administrative Official that erection of such wooden screening element or wall will not unreasonably interfere with the installation or maintenance of any public utility line, roadway, service or drainageway. SECTION 8. AMENDMENT OF SECTION 90-361 (d)(8) OF CHAPTER 90 TO REFER TO ENGINEERED DECORATIVE CONCRETE PANEL CONSTRUCTION Subsection 90-361 (d)(8) of Article IX, Division 11, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Any associated equipment storage building shall be screened from public view by a decorative wall composed of masonry or engineered decorative concrete • ORDINANCE AMENDING CHAPTERS 48 AND 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL WALLS IN LIEU OF MASONRY Page 4 W:\Richland Hills\Ordinance\Amendment of Chapters 48 and 90 to permit engineered decorative concrete walls in lieu of masonry.wpd • panels, such wall to be not less than six feet in height, with landscaping for aesthetic purposes. SECTION 9. 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. SECTION 10. 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 11. 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 12. 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 13. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply • ORDINANCE AMENDING CHAPTERS 48 AND 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL WALLS IN LIEU OF MASONRY Page 5 W:\Richland Hills\Ordinance\Amendment of Chapters 48 and 90 to permit engineered decorative concrete walls in lieu of masonry.wpd 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 all violations involving Chapter 90, the City`s comprehensive zoning ordinance, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 14. 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. PASSED AND APPROVED ON THIS lU DAY OF ~ ~ , 2003. ~e1{{tffF ;~`~~{.f~Rd~ ~f~~a ° ~ ~ * e ' ' ~ ' ++++..~~yyyy,,,",~~~~~ " THE NORABLE NELDA STRODER, MAYOR ~ ~ «~.4~ rte ~E?`~ •r~ ° ATTEST• ° • / BUTTER, CITY SECRETARY EFFECTIVE: ~Z~- ~ t~ c~ APP OVE?~AS ~'O RM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE AMENDING CHAPTERS 48 AND 90 TO PERMIT ENGINEERED DECORATIVE CONCRETE PANEL WALLS IN LIEU OF MASONRY Page 6 W:\Richland Hills\Ordinance\Amendment of Chapters 48 and 90 to permit engineered decorative concrete walls in lieu of masonry.wpd INVOICE Star-Telegram Customer ID: CIU08 40o w. 7tn street Invoice Number: 253869171 FORT WORTH, TX 76102 (817> 390-7761 Invoice Date: 4/5/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25386917 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland Hill Attn BARBARA . WRIGHT Publication Date: 4/5/05 Des~:ripti©u Luet~tiun Col I1!ept~a Linage 1l~lU Rate Am~ant City of Richland Hills - Ordin 13580 1 6s 6s LINE $0.53 $34.46 CITY OF city's Comprehensive Richland Hills - Zonirtg Ordinance, to Ordinance 959-03 perms[ engineered Net Amount' $34.45 An Ordinance of the decorative concrete City of Richland Hilis, panels when masonry Texas amending ~ screening wallas re chapter 48 of the city required; providing; code, which estab- providing that this lishes certain land- ordinance shall be scaping requirements cumulative of all or- for commercial, in- dinances; providing a dustrial and multi- severability clause; family residential de- providing a penalty for velopment, to permit violation; providing for engineered decora- publication as re- live concrete panels quired, by , law• and when masonry providing an ef{ective screening walls are date. Any person, firm required; and or corporation who amendingg chapter ;~O violates, disobeys, of the cRy code, the omits, neglects or refuses to comply with or who resists the • enforcement of anY of the provisions of this ordinance shall be •~+'ey~,, CHRI3TY L. HOILAND tined no more than - ,.~1 Two Thousand Dol- r*: MY COMMISSION EXPIRES lays ($2,000.00) for all ' z Ju~ 31 p(lpg violations involving Cha ter 90, the Cit s comprehensive z n_ ~ •~R~n" THE STATE OF TEXAS ing ordinance, and shall be fined not more COUnty Of Tarran[ .than Five Hundred Dollars ($500.00) for alt other violations of this Ordinance. Each Before me, a Notary Public in and for said Cou day that a violation is ersonally appeared Lisa Wesselman, Bld and Legal CoordlnatOr for the Star-Telegram, published by the Star-Tei co siittu etaesepa a% th, in Tarrant County, Texas; and who, after being duly sworn, did depose and say offense. Passed and that the attached clipping of an advertisement t1 approved tnia iotn `e na ed paper on the listed tes: BIDS 8L LEGAL DEPT. STAR TLEGRAM (617) 390-7320 day of June 2003. Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Apri 12 2 05. Notary Public G'`~ Thank You For Your Payment _W.._ Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 253869171 • Invoice Amount: $34.45 PO Number: Amount Enclosed. f$ ~ ~