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HomeMy Public PortalAboutOrdinance No. 968-03 09-09-2003 • ORDINANCE NO. 968-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-281 OF CHAPTER 90, THE CITY'S COMPREHENSIVE ZONING ORDINANCE, TO REVISE THE PARHING REQUIREMENTS FOR HEALTH CLUB/RECREATION FACILITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a comprehensive zoning 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 and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and • WHEREAS, Section 90-281 of Chapter 90 establishes certain off-street parking requirements for specific land uses in order to ensure adequate parking for such uses, and avoid excessive on-street parking which could present both inconvenience and danger to the public; and WHEREAS, the Planning and Zoning Commission has recommended that the off-street parking requirements for the Health Club/Recreation Facility use be increased, because the current requirements have proven to be inadequate to accommodate the usage and parking needs at such facilities; and WHEREAS, the City Council agrees with said recommendation, and wishes to increase the required off-street parking for such uses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-281 Section 90-281 of Article IX, Division 3, of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of a line in the "Schedule of Parking Requirements" included therein, under "Commercial, Personal Services and Retail" said new addition to read as follows: • Land Use Requirements Additional Requirements • Health Club/Recreation Facility 1/100 square feet of floor area None SECTION 2. 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 3. 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 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 5. 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 to the extent required by law. SECTION 6. 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 ORDINANCE INCREASING PARHING REQUIREMENTS FOR HEALTH CLUB/RECREATION FACILITY USES Page 2 W:\Richland Hills\Ordinance\Amendment of Section 90-281 to increase parking requirements for Health Club-Recreation Facility uses.wpd • 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 7. 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 all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. 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. ,'~°1;. PASSED AND APP" V~p ON THIS c1 DAY OF " ?r!`~ ~ 2003. • : ~ y~..~ ~ _ T E HONORABLE NELDA STRODER, MAYOR . ~ ' A ST: ~ ' • . . s ~ 4. \ l.~- l,~ TE~ WILLIS, CITY S CRETARY EFFECTIVE DATE: ~ J ~ / °3 AP ROVE AS O F LEGALITY: .~tiyt~ I TIM G. SRALLA, CITY ATTORNEY • ORDINANCE INCREASING PARHING REQUIREMENTS FOR HEALTH CLUB/RECREATION FACILITY USES Page 3 W:\Richland Hills\OrdinanceWmendment of Section 90-281 to increase parking requirements for Health Club-Recreation Facility uses.wpd