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Home My Public Portal AboutOrdinance No. 1009-04 12-14-2004 • ORDINANCE NO. 1009-A4 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTIONS 90-4 AND SECTION 90-332 OF CHAPTER 90 OF THE CITY CODE TO MODIFY THE PERMITTED HEIGHT OF ACCESSORY BUILDINGS AND THE METHOD FOR MEASURING SUCH HEIGHT; 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, the City has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code; and WHEREAS, Section 90-332 of Article IX, Division 8, of Chapter 90 of the City Code currently provides for the measurement of height of accessory buildings shall be measured as the average grade at a point three feet out from the slab to the lowest point of overhang on the roof; and • WHEREAS, the Planning and Zoning Commission and the City Council have determined that the current method for measuring the height of accessory buildings is flawed, in that, it does not address some types of roofs, and, if read literally, it permits the construction of an accessory building of which the peak of the roof is higher than the peak of the roof of the primary structure, and otherwise fails to provide adequate control of the height of accessory buildings throughout the City; and WHEREAS, the Planning and Zoning Commission and the City Council have determined that amending such section is in the best interests of the City and its citizens, and that such amendment will enhance the quality of life for the citizens of Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 REGARDING DEFINITION OF HEIGHT The definition of "Height" contained in Section 90-4 of Article I, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: • Height of building means the vertical distance from the highest point of the final • grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and the ridges for gable, hip and gambrel roofs, except as to accessory buildings, in which case, height of building means the vertical distance from the grade to the highest point of the structure. The remainder of Section 90-4, including the remainder of the defintions contained in that section, shall remain unchanged. SECTION 2. AMENDMENT OF SECTION 90-332 REGARDING HEIGHT OF RESIDENTIAL ACCESSORY BUILDINGS Section 90-322(a) of Article IX, Division 8, of Chapter 90 of the Richland Hills City Code is hereby added, and shall read as follows: Height. An accessory building shall be of single story construction, with a maximum height of 12 feet, provided that a special exception maybe approved by the board of adjustment to permit a height that exceeds 12 feet, provided that in no case shall the height of any accessory building exceed the height of the main structure. The remainder of Section 90-332 shall remain unchanged. • 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. • ORDINANCE AMENDING SECTION 90-V REGARDING MEASURING THE HEIGHT OF ACCESSORY BUILDINGS Page 2 W:\Richland Hills\Ordinance\Accessory Building Measurment Method Modification Ordinance.wpd • SECTION 5. 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 may be prosecuted until final disposition by the courts. SECTION 6. 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 7. 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 8. 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 and no cents ($2,000.00) for all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. 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 SECTION 90--REGARDING MEASURING THE HEIGHT OF ACCESSORY BUILDINGS Page 3 W:\Richland Hills\Ordinance\Accessory Building Measurment Method Modification Ordinance.wpd PASSED AND APPROVED ON THIS DAY OF , 2004. • ~~~~t~er~~' ~ . ~ THE ONORABLE NELDA STRODER, MAYOR ~A- ~'=tea . r ATTEST: a,. - ~ ~ SUTTER, CITY SECRETARY EFFECTNE DATE~~/~ Gyz-C~ ~ ~ OCR APPROVE AS O ORM AND LEGALITY: L TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE AMENDING SECTION 90--- REGARDING MEASURING THE HEIGHT OF ACCESSORY BUILDINGS Page 4 W:\Richland Hills\Ordinance\Accessory Building Measurment Method Moditication Ordinance.wpd INVOICE I'r,;, Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252801651 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 3/8/05 Federal Tax ID 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: 25280165 RICHLAND HILLS, TX 76 1 1 8-623 7 Sales Rep: 073 Description: City of Richland Hill Publication Date: 3/8/05 Descriptivli~i` - Location Col Depth Linage MU Rate Amount City of Richland Hills - Ordin I3580 1 48 48 LINE $0.53 $25.44 cirv of Richland Hills - Ordinance 1009-04 An Ordinance of the City of Richland Hills, Net Amount $25.44 Texas Amending -sections 90-4 and .section 90-332 of Chapter 90 of the City Code to modify' the permitted height of accessory buildings and the method For measuring such height; providing that this ordinance shall be cumulative of all or- dinances; providing a severability clause; providing a penalty for violation; providing a savings clause; pro-. viding for publication as required by law; and providing an ef- c fective date. Any person, firm or cor- CHRISTY L. HOLLAND poration who violates, ?s4' disobeys, omits, ne- MY CpMMISSION EXPIRES glects or refuses to ' ' comply with or who ' Juty 31, 2008 resists the enforce- ''~4 Q; , ment of any of the provisions of this Or- THE STATE OF TEXT no amorehtnan frwo COUn of Tarrant Thousand Dollars and ty na cents.. ($2,000.00) for all violations of this Ordinance. Each day that a violation is ry y personally appeared Lisa Wesselman, Bid and Legal Coordinator Before me, a Notary P permitted to exist shall fn and State, this da for the Star-Telegram, constitute a separate ;legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say offence. Passyed and that the attached clipp aPcnia~d Hiblfs cy was published in the above n ed paper on the listed dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Council, December 14, 2004. ~ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Mar 1 05. _ Notary Public L Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 252801651 Invoice Amount: $25.44 PO Number: Amount Enclosed: ' $