HomeMy Public PortalAboutOrdinance 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
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• 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
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• 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
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• 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
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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: $