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HomeMy Public PortalAboutOrdinance No. 955-03 04-08-2003 • ORDINANCE NO. 955-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO PERMIT OPERATION OF AN "AUTO PAINT AND BODY" USE AS DEFINED IN SECTION 90-4 (B) OF CHAPTER 90 IN THE C-1 RESTRICTED COMMERCIAL, C-2 GENERAL COMMERCIAL AND I-1 LIGHT INDUSTRIAL ZONING CLASSIFICATIONS WITH A SPECIAL USE PERMIT, AND A "GARAGE REPAIR" USE AS DEFINED IN SECTION 90-4 (B) OF CHAPTER 90 IN THE C-1 RESTRICTED COMMERCIAL AND C-2 GENERAL COMMERCIAL ZONING DISTRICTS; 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 Hi11s 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 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, the zoning ordinance currently does not permit operation of an "Auto Paint and Body" use as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial, C-2 General Commercial or I-1 Light Industrial zoning classifications, and does not permit a "Garage Repair" use as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial or C-2 General Commercial zoning classifications; and WHEREAS, the City Council has determined that an "Auto Paint and Body" use as defined in Section 90-4 (b) of Chapter 90 should be allowed in the C-1 Restricted Commercial, C-2 General Commercial, I-1 Light Industrial zoning classifications with. a Special Use Permit, and that a "Garage Repair" use as defined in Section 90-4 (b) of Chapter 90 should be allowed in the C-1 Restricted Commercial and C-2 General Commercial zoning classifications with a Special Use Permit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF LAND USE TABLE REGARDING "AUTO PAINT AND BODY SHOP" USE The Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the • Richland Hills City Code is hereby amended by the addition of an "S" in the C-1 Restricted Commercial, C-2 General Commercial, I-1 Light Industrial columns in the "Auto Paint and Body Shop" Use row under "AUTOMOTIVE AND TRANSPORTATION USES", so as to permit an "Auto Paint and Body" use as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial, C-2 General Commercial and I-1 Light Industrial zoning classifications with a Special Use Permit. SECTION 2. AMENDMENT OF LAND USE TABLE REGARDING "GARAGE REPAIR" USE The Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of an "S" in the C-1 Restricted Commercial and C-2 General Commercial column in the "Garage, Repair" use row under "AUTOMOTIVE AND TRANSPORTATION USES", so as to permit a "Garage, Repair" use as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial and C-2 General Commercial zoning classifications with a Special Use Permit. 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. 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. SF,CTION 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. • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 2 W:\Richland Hills\Ordinance\Amendment of Land Use Table in Section 90-201 to permit Auto Paint and Body and Garage Repair uses.wpd • 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) 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. • PASSED AND APPROVED ON THIS 8 DAY OF April , 2003. ~ THE HONORABLE NELDA STRODER, MAYOR ATTEST: V~L1S, CITY SECRETARY Kim Sutter EFFECTIVE: ~ -2C~C7J • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 3 W:\Richland Hills\Ordinance\Amendment of Land Use Table in Section 90-201 to permit Auto Paint and Body and Garage Repair uses.wpd • APPROVED O FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 4 W:\Richland Hills\Ordinance\Amendment of Land Use Table in Section 90-201 to permit Auto Paint and Body and Garage Repair uses.wpd INVOICE I'r,;view Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 253869111 FORT WORTH, TX 76102 (817> 390-7761 Invoice Date: 4/5/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DANA DR Order Number: 25386911 RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: City of Richland Hill Attn D.FVANS . Publication Date: 4/5/05 lle5cript~n Location Col Uepth Linage MU Ratc Amount City of Richland Hills - Ordin 13580 1 59 59 L[NE $0.53 $31.27 CITY OF Richland Hills - Ordinance 955-03 An Ordinance of the $31.27 City of Richland Fiills, Net AmOUnt: ~ Texas amending the land use table con- tained in section 90- 201 of the Richland • Hills City Code to Permit operation of an Auto Paint and Body" use as defined in Section 90-4 (B) of Chapter 90 in the C-1 Restricted Commer- cial, C-2 General Commercial and I-1 Light Industrial Zoning classification s with a special use permit, and a "Garage Re- pair" use as defined m Section 90-4 (B of • Chapter 90 in the -1 (i~.Lpf`IO Restricted Commer- ~r f'ttuu'~,,~~~ CHp1STYL, cial and C-2 General a ~?t+' commercial zoning MY OOMMIS810N EXPIRES Districts; providing ro~~ Jtf~l31~'MK?8 that this ordinance shall be cumulative of q)~;;~' all ordinances; pro- viding a severability THE STATE OF T~ clause; fproviding a penalty or violation; • roviding for publics- . • County of Tarrant lion as required by • law; and providing an 1 effective date. Any Before me, a Notal Person, firm or cor- y personally appeared Lisa Wesselman, Bld and Legal Coordlnattor pprauon who violates, oun[y and State this da for the Star-Telegra- d'sobeys, °'n'ts• ne- Tele ram Inc. at Fort Worth in Tarrant Coun Texas and who after bein dul sworn did depose and say glects or refuses to g r r tY, : r g Y r that the attached cl comply with or wno ,t was ublished in th abo named a er on the I~ted dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM resists the enforce- p p p (817) 390-73201 ment ,of any of the + r ~ provisions of this or- ~ dinance shall be fined not more than Two' Thousand Dollars Signed 82,000.00) for all vi- olations of this Ordi- nance. Each day that SUBSCRIBED AND aviolationispermitted 1E, THIS Tuesday, April 12 2 to exist shall consti- tute a separate of- fense. Passed and approved this 8th day Notary Public of Apnl 2003. Thank You For Your Payment ..._,..._~.__.~..__.........._..._...._..___._.__...__..-.___,.._._..._.._...V Y..-.._._.,_____.. Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 253869111 • Invoice Amount: $31.27 PO Number: Amount Enclosed: $