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HomeMy Public PortalAboutOrdinance No. 967-03 09-09-2003 ORDINANCE NO. 967-03 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, AMENDING THE DEFINITIONS SECTION OF SAID ORDINANCE TO FURTHER CLARIFY APPROVED USES, AMENDING THE SECTIONS REGARDING PERMITTED LAND USES PERMITTED OR ALLOWED WITH SPECIAL USE PERMITS; PROVIDING FOR ADDITIONAL SPECIAL CONDITIONS FOR CERTAIN LAND USES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted Chapter 90 of the City Code, a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and • providing for a method to amend said ordinance for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, all requirements of law concerning notice and procedure have been fulfilled; and WHEREAS, the Planning and Zoning Commission has recommended revision of Chapter 90 to expedite, simplify and streamline the approval of certain proposed uses by the revision of the land use table to remove requirements for special use permits for certain uses, and to otherwise restructure the land use table to facilitate sound land use planning; and WHEREAS, the City Council has determined that the the Planning and Zoning Commission's recommendations should be adopted; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 (b) REVISING VARIOUS DEFINITIONS Section 90-4 (b) is hereby amended as follows: 1. The definition "Foundry or metal fabrication" is hereby deleted. • 2. The definition "Machinery sales and repair (heavy)" is hereby deleted. 3. The following definitions are added: Foundry means a facility used for the manufacture or fabrication of metal using raw materials to forge, cast, mix or otherwise create material used to build or assemble final products; including but not limited to the assembly and storage of integral components or the completed final product. Machinery sale or repair (heavy) means a facility for the sale or repair of heavy machinery, both new and used. The term shall also include (1) the storage of heavy machinery being held for repair or as inventory for sale at such facility, but not for sale at or distribution to other facilities. Metal or plastic fabrication means a facility for the stamping or molding (including finishing) or cutting of metal or plastic to be used to build or assemble final products, including but not limited to the assembly and storage of integral components or the completiion of the final product. New machinery sales and repair (heavy) means a facility designed and operated primarily for the sale of new heavy machinery. The term shall also include • (1) the storage of new heavy machinery being held as inventory for sale at such facility, but not for sale at or distribution to other facilities; (2) the repair of heavy machinery which is under a warranty provided either by the operator of the facility or one of the manufacturers whose new equipment is being sold at the facility; and (3) the repair and sales of used heavy machinery taken in trade for new equipment sold at the facility. SECTION 2. AMENDMENT OF SECTION 90-202 BY ADDITION OF SPECIAL CONDITIONS FOR LISTED USES Section 90-202 is hereby amended to reflect the addition of the following Land Use Designation Special Conditions described below: x! If commercial property abuts residential property, the drive-thru lane must be fifty (50) feet from communal property line, or a Special Use Permit will be required. r r ~ ,fir:`' Any business or facility which is open for business or in operation at any time between the hours of 12:01 a.m. and 6:00 a.m. shall require a Special Use Permit. RECLASSIFICATION OF SPECIAL USE PERMITS Page 2 W:\Richland Hills\Ordinance\Reclassification of Special Use Perntits.8-25-03.wpd • Property must be separated from residential property by a three lane road or fifty-five (55) feet, whichever is greater. A City of Richland Hills Business Permit is required. SECTION 3. AMENDMENT OF SECTION 90-4 REVISING DESCRIPTION OF CERTAIN LAND USES The Land Use Table contained in Section 90-201 of the City Code is hereby amended to reflect the following changes in the land use designations: "Foundry or metal fabrication" is deleted; "Machinery sales or repair (heavy)" is deleted; "Foundry" is added; "Metal and plastic fabricaiton" is added; "Machinery sales or repair (heavy)" is added; "New machinery sales and repair (heavy)" is added. SECTION 3. AMENDMENT OF SECTION 90-201 CHANGES TO THE RICHLAND HILLS LAND USE TABLE • Section 90-201 of Chapter 90 of the City Code is hereby amended to reflect the following changes in the City of Richland Hills Land Use Table: PUBLIC, CIVIC AND UTILITY USES Lodge, Fraternal Sorority and Clubs C-1 Remove "P" C-2 Add "S" AMUSEMENT AND ENTERTAINMENT USES Amusement Arcade (also Video arcade) C-2 remove "S" Amusement Center, Teen Club C-1 remove "S" C-2 remove "S", and add "P" • RECLASSIFICATION OF SPECIAL USE PERMITS Page 3 W:\Richland Hills\OrdinanceUteclassifica[ion of Special Use Pennits.8-25-03.wpd Private Club C-1 remove S Tennis Court, Commercial C-1 remove S MEDICAL USES Veterinarian Office, Small Animal Practice C-1 remove S AUTOMOTIVE AND TRANSPORTATION USES COMMERCIAL, RETAIL, AND SERVICE USES Animal Grooming C-1 remove S, add P with special condition h C-2 remove S, add P with special condition h • Catering Establishment C-1 remove S C-2 remove P Contractor, no Outside Storage Permitted C-2 remove S, add P with special condition ~ Contractor, Outside Storage Permitted I-1 remove S, add P with special condition Copy Shop C-1 remove S, add P with special condition~}v q C-2 add special condition y Factory Outlet, Retail or Wholesale Store C-2 remove S, add P • RECLASSIFICATION OF SPECIAL USE PERMITS Page 4 W:Utichland Hills\Ordinance\Reclassi6cation of Special Use Pertnits.8-25-03.wpd • Funeral Home/Mortuary Remove S in all residential areas C-1 remove P Greenhouse or Plant Nursery C-2 add P Hardware Store C-1 remove S, add P Health Club/Recreation C-1 add P with special condition ~ A C'1 C-2 add special condition x Laundry, Dry Cleaning Pickup and Receiving Station C-1 remove S, add P • Laundry, Dry Cleaning Full Service C-1 remove P Laundry, Dry Cleaning Self Service C-1 remove S New Machinery Sales or Repair (Heavy) C-2 add P and special conditions a, k and o Machinery Sales or Repair (Heavy) I-1 add P with special conditions C, a, k and o I-2 add P with special conditions a, k and o Machinery Repair, Commercial and Heavy Equipment I-1 add P with special condition ~ h~ Rental Yard, Domestic Goods • RECLASSIFICATION OF SPECIAL USE PERMITS Page 5 W:\Richland Hills\Ordinance\Reclassification of Special Use Pertnits.8-25-03.wpd • C-2 remove S I-1 add special condition ~ ~ Restaurant All districts remove S, all districts add P All districts require a special condition z or Special Use Permit Restaurant, Drive-in/Drive-thru C-1 remove S, add P with special uses A, B and C C-2 add special use A or Special Use Permit Restaurant, with Alcohol Same as Restaurant, remove all S, add all P with special condition ~ or Special Use Permit ~ ~ L> Tattoo Parlor I-1 remove P . Taxidermist Shop and Studio C-2 remove S Video/Game Rental Store C-1 remove S, add P MANUFACTURING AND INDUSTRIAL USES Assembly Plant I-1 remove S, add P with special condition 1~.~" Electrical Equipment Assembly I-1 remove S, add P and special conditions'` Foundry I-2 remove S, add P and special conditions b, k, m and o Metal or Plastic Fabrication • RECLASSIFICATION OF SPECIAL USE PERMITS Page 6 W:\Richland Hills\Ordinance\Reclassi6cation of Special Use Permits.8-25-03.wpd • I-1 add P and special conditions b, k, m, o and C I-2 add special conditions b, k, m and o Laundry, Dry Cleaning and Dyeing Plant I-1 remove S, add P and special condition Manufacturing Facility (light) I-1 remove S, add P and special condition, ~ ~ Scientific and Precision Instrument Manufacturing I-1 remove S, add P Stone Monuments (Excluding Cutting of Slabs) I-1 remove S, add P with special conditions SECTION 4. ORDINANCE 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 5. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with orwho resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, 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 maybe subjected to such civil penalties as authorized bylaw. SECTION 6. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the City are expressly saved as to any and all violations of Chapter 90, as amended, or any other ordinance affecting zoning and land use that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, • RECLASSIFICATION OF SPECIAL USE PERMITS Page 7 W:\Richland Hills\Ordinance\Reclassificazion of Special Use Pennits.8-25-03.wpd • both civil and criminal, same shall not be affected by this Ordinance but maybe prosecuted until final disposition by the Courts. SECTION 7. SEVERABILITY 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 ofthe 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 8. PUBLICATION The City Secretary is hereby directed to publish the caption, penalty clause, publication clause, and effective date clause of this ordinance as required by law. 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. `P,~~~'APPROVED ON THIS DAY OF SEPTEMBER, 2003. ~ , ~ ~ : TH HONORABLE NELDA STRODER, MAYOR ATTI:~T: ...,I' ~ • ~ t S~ WILL, CITY SECRETARY EFFECTIVE: z- /n _3 • RECLASSIFICATION OF SPECIAL USE PERMITS Page 8 W:\Richland Hills\OrdinanceUteclassification of Special Use Permi[s.8-25-03.wpd • APPROVED O FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNE • RECLASSIFICATION OF SPECIAL USE PERMITS Page 9 W:\Richland Hills\Ordinance\Reclassification of Special Use Permi[s.8-25-03.wpd INVOICE >~re, Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252402451 • FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 2/25/05 Federal Tax lD 22-3148254 Terms: Net due in 21 days Due Date: 2/28/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25240245 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Publication Date: 2/25/05 D ~ ~ _ Location Cole DepthLinage MU Rate Am(~>unt CITY OF RICHLAND HILLS The fol 13580 1 100 100 LINE $0.53 $53.00 CITY OF RICHLAND HILLS The following ordi- nance was adopted Net Amount: $53.00 b the Richland Hills CYty Council on Au- gust 26, 2003 (caption and penalty clause oO~UINANCE NO. 885-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS AMENDING SEC- TION 14C78 ~ THyE ADTOYPTINGOOD THE 2002 EDITION OF THE NATIO~AL PROVIDINGL COOED THE MODIFICATION OF THE CODE TO CALOAMENDMENTS• ;ipti'1'Y r~Qj4;i CHRISTY L. HOLLAND PROVIDING FOFI MY COMMI3310N 16XPIR65 RECORDING OF ~ i THE CODE AS A Uu'7 ~ Z~~ PUBLIC RECORp• ~~'•'.;"k~.•` PROVIDING THAT `'4"'~~ THIS ORDINANCE THE STp DATIVE BOFCUA L COUn O ORDINANCES; tY PROVIDING A SEV- CL4USE; I PRLOVI[) ING FOR A PENALTY Before m FOR VIOLATIONS; ld for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the ~ PROVIDING A sAV- ~ by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say INGS CLAUSE' that the PROVIDING Fol# dvertisement was published in the above named paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) PUBLICATION IN PROVIDING FOFROM~ PUBLICATION IN NEWSPAPER FI AND Signed PROVIDING AN EF- FECTIVE DATE. I ~ ANY PERSON FIRM ` SUBSCI oR CORPOF#ATION ~ BEFORE ME, THIS Monday, March = WHO VIOLATES„ DISOBEYS OMITS, - NEGLECTS] OR RE- ~ / ' FUSES TO COMPLY Notary Public v!~ GGG WITH OR WHO RE- SISTS THE EN- FORCEMENT OF ANY. OF THE PRO- . VISIONS OF THIS ORDINANCE SHALL Thank , BE FINED NO MORE + THAN TWO THOU- ayment S~ggAND ))DOLLARS VId~ATIONSOR A~ LL _ _ ~ ,_....r.. ~ ~ VOLVING 20NING. FIRE SAFETY OFFtt PUBLIC HEALTH AND SANITIATION, INCLUDING DUMP- Remit 7 AND OSHALLFUSBE~ m Customer ID: CIU08 FINED NOT MORE . gDRED )FI DOLLA s 11051 Customer Name: CITY OF RICHLAND HILLS OTHERLIOLOi4RTIONS of THIS oRDI- CTH TX 76101-2051 Invoice Number: 252402451 NANCE. EACH DAY ~ • THE VIOLATION IS PERMITTED TO EX- IST SHALL CONSTI- IriVOtCe AmaUnt: 53.00 TUTE A SEPARATE L APPROVED: ATTEST: PO Number: /S/ /S/ , MASOR~ KIMOSUT~ Amount Enclosed TAR+/ CITY SECAE- A complete copy of this ordinance is available for review in th City Secretary's ~ffice, City Haii 3200 Diana Drive, Richland Hills, Texas.