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Home My Public Portal AboutOrdinance No. 954-03 04-08-2003 • ORDINANCE NO. 954-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTIONS 90-153 AND 90-154 OF CHAPTER 90 OF THE CITY CODE TO REVISE THE PROVISIONS REGARDING THE REQUIREMENTS FOR A SPECIAL USE PERMIT, AND THE CRITERIA FOR SUCH WAIVER; 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, Chapter 212 of the Texas Local Government Code provides that a city may adopt rules governing plats and subdivisions in order to promote the public health, safety, morals, and general welfare, and to protect and preserve places and areas of historical, cultural, or architectural importance and significance; and WHEREAS, Chapter 212 of the Texas Local Government Code provides that a city may adopt rules governing plats and subdivisions in order to promote the public health, safety, morals, • and general welfare, and the safe, orderly, and healthful development of the city; and WHEREAS, the City has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code in order to regulate zoning as authorized by Chapter 211 of the Texas Local Government Code; and WHEREAS, Section 90-154(b)(1) of the City Code requires the applicant to file a site plan complying with the requirements stated in Section 90-123; and WHEREAS, Section 90-154 of the City Code permits the waiver of some requirements for the issuance of a special use permit, but not the requirement of a site plan; and WHEREAS, when a special use permit is requested, but no new construction and no substantial alteration of the exterior of existing buildings is anticipated; the requirement that an applicant file a site plan may be unnecessary and unreasonably burdensome, and Section 90-154(a) of the City Code should be amended to permit the City to waive the requirement of a site plan under certain circumstances; and WHEREAS, the City wishes to clarify the provisions of Section 90-154 for the granting of a waiver of other requirements for a special use permit; • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-153 Section 90-153(b)(1) of Article V of Chapter 90 of the Richland Hills City Code is hereby added, and shall state as follows: (b) Required information. (1) The applicant must file a site plan complying with the requirements stated in section 90-123, unless the applicant petitions for and the City Council grants a waiver of this requirement. Such a waiver maybe granted only upon a showing by the applicant and a finding by the City Council that the existing structures will not be expanded or significantly modified and that no new structures will be constructed. If a site plan is required under this section, such site plan will become a part of the special use permit, if approved. SECTION Z. AMENDMENT OF SECTION 90-154 Section 90-154(a) of Article V of Chapter 90 of the Richland Hills City Code is hereby • amended to read as follows: Petition. The applicant must file the items listed in Section 90-153(c) if required by the City staff or the Planning and Zoning Commission, unless the applicant petitions for and the City Council grants a waiver of some or all of these required items. Such a waiver may be granted only upon a showing by the applicant and a finding by the City Council that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area. SECTION 3. 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 AMENDING SECTIONS 90-153 AND 90-154 REGARDING REQUIREMENTS FOR SPECIAL USE PERMITS Page 2 W:\Richland Hills\Ordinance\Amendment of Sections 90-153 and 90-154 regarding requirements for Special Use Permits.wpd • SECTION 4. 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 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 twice in the official city newspaper as authorized by Section 52.013 of the Local Government Code. 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 • 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). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION S. 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. • ORDINANCE AMENDING SECTIONS 90-153 AND 90-154 REGARDING REQUIREMENTS FOR SPECIAL USE PERMITS Page 3 W:\Richland Hills\OrdinanceWmendment of Sections 90-153 and 90-i 54 regarding requirements for Special Use Permits.wpd 7~ PASSED AND APPROVED ON THIS ~ DAY OF ~ ~ , 2003. • ~ ~ ~1~, ~-'r,~...-, THE ONORABLE NELDA STRODER, MAYOR ATTEST: r TERRI WILLIS, CITY SECRETARY EFFECTIVE: ~ ~ ~ ~ 3 APPROVED S O FORM AND LEGALITY: r TIM G. SRALLA,'CITY AT EY • ORDINANCE AMENDING SECTIONS 90-153 AND 90-154 REGARDING REQUIREMENTS FOR SPECIAL USE PERMITS Page 4 W:\Richland Hills\Ordinance\Amendment of Sections 90-153 and 90-154 regarding requirements for Special Use Permits.wpd INVOICE I',~~ Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252530441 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 3/1/05 Federal Tax (D 22-3148254 Terms: Net due in 21 days Due Date: 3/31/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25253044 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRIGHT Publication Date: 3/1/05 rfption Location Col Depth Linage MU Rate Amount CITY OF RICHLAND HILLS The fol 13580 1 75 75 LINE $0.53 $39.75 CITY OF RICHLAND ENTS -FOR A HILLS ~pECIAL USE PER- The following ordi- IT AND THE CR,I- nance was $do ~~~IA FOR SUCH b the Richland Ills Net Amount' $39.75 City Council on April WAIVER• PROVID- ' S, 2003 (caption and ING Tt-IAT THIS penaltyy clause only): ORDINANCE SHALL ORDINANCE NO. BE CUMULATIVE OF 954-03 ALL ORDINACES~ AN ORDINANCE OF PROVIDING A SEV~ THE CITY OF ERABILITY CLAUSE; RICHLAND HILLS PROVIDING APEN- TEXAS AMENDING ALTY FOR VIOLA- SECTIONS 90-153 TION; PROVIDING AND 90-154 OF FOR PUBLICATION TCHEEAP~~T~~ER 90 OF AS REQUIRED BY y~HVISE THpEDPR ~ NG ANNEFFERCOTIVE INCiIOTHE R~QUIR~- ANY PERSON FIRM OR CORPOFIATION HO VIOLATES, ISOBEYS OMITS • NEGLECTS` OR RE- FUSES TO COMPLY , SIST30R HE ~ EN- Piiti~'E"~'t~'+ CHRISN H~1D FORCEMENT OF iwj~ MV CCMM16BI(JN EXPIRES ANY OF THE PRO- July 31,2008 OR ID NANCE SHALL !,',q};;; BE FINED NO MORE THAN TWO THOU- THE STATE OF TEXAS (S(AND ))D~OLLARS D$AY00THAT AEVIO County of Tarrant CATION IS PERMIT- TED TO EXIST SHALL CONSTITUTE Before me, a Notary Public in ai A SEPARATE oF-'State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator FENSE. for the Star-Telegram, publishec /SPPSOVeD: ATTEST: Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an MADYOR ~ K M OSUT' shed in the above na ed paper on th listed dat BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390-7320 TARP CITY SECRE- r A complete copy of this ordinance is available for review in the City led Secr®tAry'r ice, Cpity Hall, .3200 iane SUBSCRIBED AND SWORN T( Texas. Richland Hillc, Thursday, March , Notary Public ) ~~L L~~/ Thank You For Your Payment W...__. Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 252530441 • Invoice Amount: $39.75 PO Number: Amount Enclosed: f $