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
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• 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
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A ST: ~ ' • . .
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TE~ WILLIS, CITY S CRETARY
EFFECTIVE DATE: ~ J ~ / °3
AP ROVE AS O F LEGALITY:
.~tiyt~ I
TIM G. SRALLA, CITY ATTORNEY
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