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Home My Public Portal AboutOrdinance No. 0988-04 06-22-2004 • ORDINANCE NO. 988-04 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-4 TO ADD DEFINITIONS FOR "PARKING" AND "STORAGE" OF AUTOMOBILES AND VEHICLES; AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO PROHIBIT OPERATION OF VARIOUS USES, SPECIFICALLY, "AUTO, PAINT AND BODY SHOP," "AUTO, REPAIR GARAGE," AND "GARAGE, REPAIR" USES, AS DEFINED IN SECTION 90-4 (B) OF CHAPTER 90 IN THE C-1 RESTRICTED COMMERCIAL AND C-2 GENERAL COMMERCIAL ZONING DISTRICTS AND TO IMPOSE CERTAIN RESTRICTIONS ON SAID USES IN THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL ZONING DISTRICTS; AivIENDiNis SECTION' 90-202 OF THE' >~?ICIIL AND HILLS C pTY CODE TO PROVIDE FOR MORE SPECIFIC FENCING REQUIREMENTS FOR SUCH USES IN INDUSTRIAL 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 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 in order to regulate zoning as authorized by Chapter 211 of the Texas Local Government Code; and WHEREAS, the zoning ordinance currently permits operation of "Auto, Paint and Body Shop," "Auto, Repair Garage," and "Garage, Repair" uses as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial and C-2 General Commercial zoning classifications; and WHEREAS, the City Council recently declared a moratorium on new deveiopi~~eni or expansion of existing "Garage repair-auto" and "Automobile paint and body shop" uses in the commercial areas of the City to permit the Planning and Zoning Commission and the City Council to study and review the appropriate zoning regulations and classifications for such uses; and WHEREAS, the City Council has now determined that "Auto, Paint and Body Shop," "Auto; Repair Garage," and "Garage, Repair" uses as defined in Section 90-4 (b) of Chapter 90 should not be allowed in the C-1 Restricted Commercial or C-2 General Commercial zoning classifications; and WHEREAS, the City Council has now determined that certain fencing requirements should be established for such "Auto, Paint and Body Shop," "Auto, Repair Garage," and "Garage, Repair" . uses where they are permitted in the Industrial zoning districts in the City; • 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 deletion of an "S" in the C-1 Restricted Commercial and C-2 General Commercial zoning district columns in the "Auto, Paint and Body Shop" use row under "AUTOMOTNE AND TRANSPORTATION USES", so as to exclude "Auto, Paint and Body" uses as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial and C-2 General Commercial zoning classifications, and by the insertion of a "bb" in the "Special Conditions" column of such use row, so as to add special cor_uit;on "bb" to t"e perrnitri:~g of such use. 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 deletion of an "S" in the C-1 Restricted Commercial and C-2 General Commercial zoning district columns in the "Garage, Repair" use row under • "AUTOMOTNE AND TRANSPORTATION USES", so as to exclude "Garage, Repair" uses as defined in Section 90-4 (b) of Chapter 90 in the C-1 Restricted Commercial and C-2 General Commercial zoning classifications, and by the insertion of a "bb" in the "Special Conditions" column of such use row, so as to add special condition "bb" to the permitting of such use. SECTION 3. AMENDMENT OF LAND USE TABLE REGARDING "AUTO, REPAIR GARAGE" 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 deletion of an "S" in the C-2 General Commercial zoning district column in the "Auto, Repair Garage" use row under "AuTOiviv T f v'E Ai~Tu TRANSPORTATION USES", so as to exclude "Auto, Repair Garage" uses as defined in Section 90-4 (b) of Chapter 90 in the C-2 General Commercial zoning classification, and by the insertion of a "bb" in the "Special Conditions" column of such use row, so as to add special condition "bb" to the permitting of such use. • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 2 W:\Richland Hills\Ordinance\Amendment of Section 90-201 to exclude various automobile uses in commercial districts.wpd • SECTION 4. AMENDMENT OF SECTION 90-202 TO ESTABLISH CERTAIN FENCING AND SCREENING REQUIREMENTS FOR "AUTO, PAINT AND BODY SHOP," "AUTO, REPAIR GARAGE," AND "GARAGE, REPAIR" USES Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following paragraph: bb. Notwithstanding any other provision of this Code to the contrary, all automobiles, vehicles, and other items being stored, held for repair or restoration, or held after repair or restoration pending payment or pick up by the owner, shall be screened from any public right of way by a fence composed of masonry or white vinyl panel construction, which screening shall be no closer to the streei than tiie ~•ont yard setback. SECTION 5. AMENDMENT OF SECTION 90-4(a.) TO DEFINE PARKING AND STORAGE Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following paragraphs: "Parking" when referring to property which is zoned commercial or industrial, is • defined as the parking of an automobile or other vehicle in operable condition with a current license and registration, when such vehicle has been driven to the location by the driver for the purpose of allowing the driver to visit the location, specifically, by the owner, lessor, or operator of the location for purposes of conducting the business, by an employee of the location for purposes of conducting the business, or by a customer of the location for the purpose of patronizing the business being conducted at the location, and which vehicle is left on the property for a period of time not to exceed 24 hours. "Storage of automobiles or other vehicles" when referring to property which is zoned commercial or industrial, is defined as the holding of an automobile or other vehicle on the property for more than 24 hours, regardless of purpose, and the holding of a vehicle on the property for a period of time less than 24 hours for any purpose other than the purposes set forth in the definition of "Parking" defined above, specifically including but not limited to the holding of a vehicle awaiting repair or restoration, the holding of a vehicle following repair or restoration pending payment or pick up by the owner, and the holding of a vehicle for purposes of sale. • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 3 W:\Richland Hills\Ordinance\Amendment of Section 90-201 to exclude various automobile uses in commercial districts.wpd • SECTION 6. 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 7. 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 unconstitutiona? by the vaLd 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 8. 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 9. 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 10. 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. • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 4 W:\Richland Hills\Ordinance\Amendment of Section 90-201 to exclude various automobile uses in commercial districts.wpd • SECTION 11. 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. ~,~C PASSEp• ~ PROVED ON THIS DAY OF __J t~~~..~-, 2004. .t~,. ~ ~ ; THE ONORABLE NELDA STRO/_DER, MAYOR ~ . ATTEST: ~ ~ WILLIS;~CITY SECRETARY EFFECTIVE: r! ~ ~ c • APPROVED S O FORM AND LEGALITY: ..t~_ TIM G. SRALLA, CITY ATTORNEY • ORDINANCE AMENDING LAND USE TABLE REGARDING AUTO PAINT AND BODY AND GARAGE REPAIR USES Page 5 W:\Richland Hills\Ordinance\Amendment of Section 90-201 to exclude various automobile uses in commercial districts.wpd INVOICE Pr~,i~~, Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 244172021 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 7/22104 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31 /04 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 24417202 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: AN ORDINANCE O Atm KATHY DIMAGGIO/SHARON BARRE Publication Date: 7/22/04 w>t:.a~,w~tt~o~t CaI~ ''-'depth Lin:><ge MU hate ,Amount AN ORDINANCE OF THE CITY OF 13580 1 86 86 LINE $0.53 $45.58 AN ORtNN CE1 RIqq~~HLAND HILLppgqS T XAS N MEM~IMd MOREDEOSPECIFlC SECTION 90-~ Tp FENCING RE- Net Amount: $45.58 ADD DEFINITIONS QUIREMENTS FOR FOR. PARKING" SUCH USES IN (N- AND "STORAGE" OF DUSTRIAL ZONING VEHIOCLtES~ AMEND VOIDING TSNAT TH 3 ING THE LAND USE ORDINANCE SHALL TABLE CONTAINED BE CUMULATIVE OF IN SECTION 90-201 ! ALL ORDINANCES; HOILLSH CIT1C ODE ' ERA6ILOIITYGCLAU3E; TO PROHIBIT OP-~ PROVIDING APEN- ERATION OF VARI- ~ ALTY FOR VIOLA- OUS USES, SPE- TION; PROVIDING CIFICALLY "AUTO FOR PUBLICATION PAINT AID BODY AS REQUIRED BY SHOP " "AUTO RE- LAW; AND PROVID- t?AIR(.,ARAGE'~AND ING AN EFFECTIVE GARAGE R~PAIA" DATE. USES AS' DEFINED I Any person, firm or IN SECTION 90-4(B corporation who vio- • OF CHAPTER 90 1~ laces, disobeys omits, r'•~,,, THE C-1 RE- neglects or refuses to ;~i~"P~•''s CHRISTYL HOLLAND STRICTED COM- ~ comply with or who t*_ MERCIAL AND C-2 resists the enforce- MY COMMISSION EXPIRES GENERAL COM- ment of anY of the MERCIAL ZONING provisions of this Or- JU 31,2006 DISTRICTS AND TO dinance shall be fined, f„pf„l IMPOSE CERTAIN no more than Two' RESTRICTIONS ON Thousand Dollars THE STA" SAID USES IN THE (~2,000.00~ for au vi- COlln Of 1-1 LIGHT INDUS- o scions o this Ordi- tY TRIAL ANDgg~~- I-2 Hance. Each day that ZpEN NINI GID13TRtCTS to ~exastoshalleCOnstd Before me TIMONN9o~ 202 OF THE; fet ~a separate of- te, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-1 elegram, pu~llsnea ADOPTED By THE'• at For[ Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the a[tached clipping of an a cirvLCOUNCI~I orsi'd in the above Ham d paper on the listed d s: BIDS 8t LEGAL DEPT. STAR TLEGRAM (817) 390-7320 JUNE 22, 2004. ~ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, July 29, 200 / i Notary Public ~ ~ - ~ ~ ~ ~ ~ ~ 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: 244172021 Invoice Amount: $45.58 PO Number: Amount Enclosed: $