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Home My Public Portal AboutOrdinance No. 1022-05 08-09-2005 • ORDINANCE NO. 1022-OS AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-4(b) AND THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO DEFINE AND PERMIT OPERATION OF "TRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STORAGE" IN THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL ZONING DISTRICTS WITH A SPECIFIC USE PERMIT AND SUBJECT TO CERTAIN SPECIAL CONDITIONS; 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 in order to regulate zoning as authorized by Chapter 211 of the Texas Local Government Code; and • WHEREAS, the zoning ordinance currently does not define or permit operation of "Truck and Trailer Leasing and Rental with Outside Storage" uses; and WHEREAS, the Richland Hills Planning and Zoning Commission has determined that permitting such use in the I-1 Light Industrial and I-2 Heavy Industrial zoning districts with certain special conditions is consistent with the City's Land Use Plan; and WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that a new definition be added to Chapter 90 defining "Truck and Trailer Leasing and Rental with Outside Storage" uses, and has also recommended that such use be permitted in the I-1 Light Industrial zoning district with a Special Use Permit provided that the special conditions set forth herein are met, and also recommended that such use be permitted in the I-2 Heavy Industrial zoning district with a Special Use Permit; provided that the special conditions set forth herein are met; and WHEREAS, the Richland Hills Planning and Zoning Commission has also recommended that such use not be permitted in any other zoning district; and WHEREAS, the City Council has also determined that permitting such use as described above is consistent with the City's Land Use Plan; and WHEREAS, the City Council has also determined that the definition for such use described herein should be added and such use permitted on the terms recommended by the Planning and • Zoning Commission; NOW, THEREFORE,, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 TO ADD DEFINITION OF "TRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STORAGE" Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following definition: Truck and Trailer Leasing and Rental with Outside Storage means a commercial establishment offering for rent or lease trucks and/or trailers to the public, with or without the sale or rental of related goods, such as trailer hitches, boxes, furniture moving pads, hand trucks, and other moving accessories, and with or without garage bays for the installation of trailer hitches and repair and maintenance of such trucks and trailers, and with or without a loading dock for the loading of related goods, such as boxes, furniture moving pads, hand trucks, and other moving accessories. SECTION 2. AMENDMENT OF SECTION 90-202 TO ADD SPECIAL CONDITION • 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: Lj4,. Only trucks with a gross vehicle weight of 26,000 pounds or less, and trailers - with a gross vehicle weight of 4,400 pounds or less, are permitted. Any truck with a gross vehicle weight greater than 26,000 pounds, or a trailer with a gross vehicle weight greater than 4, 400 pounds, is prohibited. SECTION 3. AMENDMENT OF LAND USE TABLE TO PERMIT TRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STORAGE USES • ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 Page 2 TO PERMIT "TRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STORAGE" H:AWP\ORDINANC\1022-OS 8-9-OS.DOC • 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 insertion of a new row entitled "Truck and Trailer Leasing and Rental with Outside Storage" under the "AUTOMOTIVE AND TRANSPORTATION USES" category, insertion of"S" in the I-1 Light Industrial and !-2 Heavy Industrial zoning district columns of said new row, and insertion of "cc, dd" in the Special Conditions column of said new row, so as to indicate that a "Truck and Trailer Leasing and Rental with Outside Storage" use shall be allowed only in the I-1 Light Industrial and I-2 Heavy Industrial zoning districts, each with a Special Use Permit, and provided that in both permitted zoning districts, such use must meet special condition "cc" as defined herein. SECTION 4. 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 5. 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 6. 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 7. PUBLICATION • ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE: TABLE IN SF,CTION 90-201 Page 3 TO PERMIT "TRUCK AND TRAILER LEASING AND RENTAL WITH OLiTSIDF. STORAGE" H:AWP\ORDINANC\1022-OS 8-9-OS.DOC • 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 8. 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 9. 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 10. EFFECTIVE DATE • This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED`AND APPROVED..Q~i THIS ~ DAY OF ~ , 2005. ~~tttee~Yrrri = ~~~~~4~~~ ,fjrf ,r ~ ~ ` ~ ~ ~ TH HONORABLE NELDA STRODER, MAYOR ATTEST: s j 1 !rte` ~ovee~e~~'~ K M UTTER, CITY SECRETARY EFFECTIVE DATE: ~y '2 dos . ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 Page 4 TO PERMIT "'CRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STORAGE." H:AWP\ORDINANC\1022-OS 8-9-OS.DOC • APPR ED T FORM AND LEGALITY: r TIM G. SRALLA, CITY ATTORNEY • ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE; TABLE IN SECTION 90-201 Page 5 TO PERMIT "TRUCK AND TRA[LER LEASING AND RENTAL WITH OUTSIDE STORAGE." H:\WP\ORDINANC\1022-OS 8-9-OS.DOC INVOICE ~t c~,71~ Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 259832271 • FART WORTH, TX 76102 (817) 390-7761 Invoice Date: 9/4/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25983227 RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: ORDINANCE 1022- Atm BARBARA . WRIGHT Publication Dates: 8/29/05 - 9/4/05 f~~'~criptian ; ~ Loca' on Col Depth Linage MU Rates ~motrnt ORDINANCE 1022-OS -CITY OF 13580 1 67 67 LINE $0.29 $38.51 ORDIN CINTME 10022-Of5 RICHLAND RIFLES AN ORDINANCE OF RICHLAND HILL°sF Net Amount: $38.51 TEXAS AMENDINGr SECTION 90-4 b) AND THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO DEFINE AND PERMIT OPERA- TION OF "TRUCK AND TRAILER LEASING AND RENTAL WITH OUTSIDE STOR- AGE" IN THE 1-1 LIGHT INDUSTRIAL AND I-2 HEAVY IN- DUSTRIAL ZONING • DISTRICTS WITH A SPECIFIC USE JECT~ITO CERTA N SPECIAL CONDI- •~~N1 fl~i CNRISIY L. HOLLAND TIONS; PROVIDING MV GQMMI881QN EXPIRES THAT THIS ORDI- • ' = NANCE SHALL BE 's;~• ~iUly 31, i~ CUMULATIVE OF THE STATE OF TEXAS PROM°DRr°~ ANSEV- County of Tarrant ~ PROVIDING APEN= ALTY FOR VIOLA- : TION• PROVIDING A Before me, a Notary Public; pROVIDING ~ Fob d State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, publ` PUBLICATION As Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say AND P'RROVDIDING Af3 that the attached clipping of EFFECTIVE DATE, blished in the ab ve n ed paper on the list dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Any person, firm or corporation who vio- /I ~ / lates, disobeys, omits, fVll/1`{'~/ neglects or refuses to , comply with or who signed resists the enforce- ment of any of the SUBSCRIBED AND SWORT dlnance shall n ~ ti ~d > Thursday, Se a er 5, 2005. no more than Two Thousand Dollars and no cents ($2,000.00) for all violations of thi$ Jotary Public Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. Passed and a~ppproved byy the Flichland Hilrs Citv Thank You For You A"g"$t 9 Remit To: Star-Telegram Customer ID: CILJ08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 259832271 • Invoice Amount: $38.51 PO Number: Amount Enclosed: