HomeMy Public PortalAboutOrdinance No. 952-03 03-25-2003
• ORDINANCE NO. 952-03
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 90 OF THE CITY CODE BY ENACTING SECTION
90-336 ESTABLISHING RESIDENTIAL SWIMMING POOL SETBACK
REQUIREMENTS; 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 has previously c;nacted a comprehensive zoning ordinance which is
codified as Chapter 90 of the Richland Hills City Code; and
WHEREAS, the Planning and Zoning Commission has determined that because swimming
pools are below ground structures that will not adversely affect adjoining lots when located closer
to the lot line than currently allowed by Chapter 90, and has recommended revision of the residential
pool setback requirements contained in Chapter 90 in order to allow swimming pools closer to the
side and rear lot lines; and
•
WHEREAS, the City Council agrees with said recommendation and wishes to revise the
residential pool setback requirements contained in Chapter 90 in order to allow swimming pools
closer to the side and rear lot lines;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF ARTICLE IX, DIVISION 8
The caption of Article IX, Division 8, of Chapter 90 of the Richland Hills City Code is
hereby amended to read as follows:
RESIDENTIAL ACCESSORY STRUCTURES AND CARPORT REGULATIONS
and Article IX, Division 8, of Chapter 90 of the Richland Hills City Code is hereby amended by the
addition of a new section, Section 90-336, which shall provide as follows:
Section 90-336. Swimming Pools.
The owner of a lot zoned as residential may construct one in-ground
• swimming pool, or one above-ground swimming pool, but not both. The location of
• an above-ground swimming pool will be subject to the setback requirements for
residential accessory buildings as provided in Section 90-332(b). The location of an
in-ground swimming pool shall conform to the following setback requirements:
(a) R-1L and R-1 single family residential zones:
(1) Front. The front setback requirement for a swimming pool
shall be the front building line established in this Chapter for
the applicable zoning district, provided, however, that in no
case shall the pool be closer to the street than the front of the
main structure.
(2) Side. The side setback requirement for a swimming pool
shall be the side building line established in this Chapter for
the applicable zoning district.
(3) Rear. The rear setback requirement for a swimming pool
shall be six (6) feet.
(b) All other residential zones: The setback requirements for a swimming pool
shall be the respective building lines established in this Chapter for the
applicable zoning district.
• All of the foregoing setback requirements shall be measured from that portion of the
pool, including decking and mechanical and electrical equipment, closest to the
applicable setback line.
Notwithstanding any provision herein to the contrary, no pool shall encroach upon
the street right-of--way or any utility easement. Furthermore, notwithstanding any
provision herein to the contrary, no swimming pool shall be located so as to create
or constitute a violation of any building or safety code adopted by the City, including
without limitation the International Residential Code and the Uniform Electrical
Code.
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.
• ORDINANCE ENACTING SECTION 90-336 PROVIDING FOR SWIMMING POOL SETBACK REQ[JIREMENTS Page 2
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• 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.
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 in one issue of the official city
newspaper as authorized by Section 52.013 of the Local Government Code.
SECTION 5.
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 6.
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 other violations of this Ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7.
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.
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PASSED AND APPROVED ON THIS DAY OF ~'~~i~( , 2003.
•
. ~ -THE HONORABLE NELDA STRODER, MAYOR
ATTEST: ' `r` .::art
.
TERM LIS, CITY SECRET
EFFECTIVE:
APPROVED T FORM AND LEGALITY:
i~-.
TIM G. SRALLA, CITY ATTORNEY
•
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