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
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• 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"
•
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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
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• 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
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• 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
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• 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
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• 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
•
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• APPROVED O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNE
•
RECLASSIFICATION OF SPECIAL USE PERMITS Page 9
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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.