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Home My Public Portal AboutOrdinance No. 0982-04 06-08-2004 ORDINANCE NO. 982-04 • AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-238 OF THE CITY CODE TO EXPAND THE DEFINITION OF "MASONRY" FOR THE C-2 GENERAL COMMERCIAL DISTRICT AND TO INSERT PERCENTAGE MASONRY REQUIREMENTS; 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 Council has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code; and WHEREAS, the City Council wishes to revise the definition of "masonry" and its associated percentage requirements for the C-2 General Commercial District; • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF "MASONRY" DEFINITION AND ADDITION OF PERCENTAGE MASONRY REQUIREMENTS Item (7) of Section 90-238 of Article VIII of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: (7) Masonry. Masonry shall be a surface made of brick, natural stone, any engineered insulated finish system, stucco, decorative concrete masonry units, and any other masonry materials approved and constructed in accordance with the applicable building code, which is attached to an outside wall in the C-2 district in the minimum percentage specified in the table as set forth in subsection (2) of this section. The area of doors and windows shall not be included when calculating the exterior surface. The following percentage masonryrequirements shall apply: 100 percent ofthe front facade; 85 percent of sides; and 60 percent of a rear surface not open to public view. • 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of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.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 the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so • ORllINANCE AMENDING SECTION 90-238 REGARDING MASONRY IN C-2 GENERAL COMMERCIAL DISTRICTS Page 2 W:\Richland Hills\Ordinance\amendment of section 90-238 to revise masonry requirements.wpd • published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION Anyperson, 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 Five Hundred Dollars ($500.00) for all other violations of this Ordinance. 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. PASSED A~D'C~d~D ON THE ~ DAY OF l~ ~..v , 2004. ° `Cye'~' `w ,p° ~ ~I i j ~ ~ sy G ~ ~ J i.:.4''tya = , Y~ T HONORABLE NELDA STRODER, MAYOR .r . • ATTEST: y a ~ J e ~ • - SLITTER, CITY SECRETARY EFFECTIVE DATE: .~G?, ~Q p ~L APPROVED FORM AND LEGALITY: TIM . SRALLA, CITY ATT Y • ORDINANCE AMENDING SECTION 90-238 REGARDING MASONRY IN C-2 GENERAL COMMERCIAL DISTRICTS Page 3 W:\Richland Hills\Ordinance\amendment of section 90-238 to revise masonry requirements.wpd INVOICE ~r~.';e" Star-Telegram Customer ID: CIU08 40o w. 7th street Invoice Number: 254820871 FORT WORTH. TX 76102 ~817> 390-7761 Invoice Date: 4/30/05 Federal T~ 1D 22-31482s4 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25482087 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attu BARBARA . WRIGHT Publication Date: 4/30/05 Description Location Col Depth Linage 1'li' Rate Amount CITY OF RICHLAND HILLS - ORDIN 13580 1 59 59 LINE $0.53 $31.27 CITY OF RICgCH ND ORDINAN~E 982-04 A?y .E RDICIATNYCE OF RICHLAND HILLS Net Amount: $31.27 TEXAS AME2NDINlla THE CIOTY CODE TOO EXPAND THE DEFI- NITION OF "MASON- RY" FOR THE C-2 MERCIALL DISTROIC AND TO INSERT PERCENTAGE MA- SONRY REC]UIRE- THAT SYHIRS vVORDG NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE• PROVID- ING A Pt'NALTY FOR VIOLATION' PRO- VIDING A SAVINGS CLAUSE• PROVID- ING FOIE PUgLIGA- TION AS REQUIRED BY LAW; AND PRO- VIDING AN EFFEC- TIVE DATE. ANY THE STATE CcoRPORATION'who Coun of Tar violates, dlsoneys, ty omits, neglects or refuses to comply! with or who REFUSES TO Before me, a 1 wHOPaESISTS THE 'said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-T enforcement of any of he Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say the provisions of this that the attac' ordinance shall be ~tisement was published in the above med paper on the lis d dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM fined no more then (B 1 390- FIVE HUNDRED t ~~~PdtUH~!I;rl,,,~<<,, T ONS ALLOF$VIOHIS \\`\\\.~\~o~~", AC KS''~;;,, P O ORyDtINANCE. Each Signed ?••'~V PUg pshnk~tet~to szlet shell ~ Q: • '~P `(1 SUBSCRIBE[ aq{°H~n~;;~te a Pg,~ssaEEO FORE ME, THIS Tuesday, May 10, 200 . ' I rr'' = ~ O TH~ APP R CVHLAND J K~ V ~~d-~C``-- _ z e HILLS CITY COON- Notary Public ~f9TE OE CIL JU~JE 8, 2004. _ Thank You For Your Payment ___.~.._.m._...____._ _ ..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: 254820871 Invoice Amount: $31.27 PO Number: Amount Enclosed $