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Home My Public Portal AboutOrdinance No. 1032-05 10-25-2005 ORDINANCE NO. 1032-OS AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 90 OF THE RICHLAND HILLS CITY CODE, THE COMPREHENSIVE ZONING ORDINANCE, BY ADDING CERTAIN DEFINITIONS CONTAINED IN SECTION 90-4, SPECIFICALLY, "MOTOR VEHICLE REPAIR GARAGE;" BY ADDING CERTAIN NE~~' USE DEFINITIONS, SPECIFICALLY, "FUEL SALES/RESTAURANT," "FUEL SALES/WITH OR WITHOUT CONVENIENCE STORE," AND "DEPARTMENT STORE/AUTO REPAIR"; AND BY DELETING CERTAIN EXISTING USE DEFINITIONS, SPECIFICALLY, "AUTO, REPAIR GARAGE", "AUTO, SERVICE STATION/RESTAURANT," "AUTO, SERVICE STATION," "AL1T0, SERVICE STATION/LIGHT MAINTENANCE," "GARAGE REPAIR," AND "VEHICLE SERVICE CENTER"; BY AMENDING SECTION 90-201, THE LAND USE TABLE, TO PERMIT OPERATION OF VARIOUS AUTOMOTIVE AND TRANSPORTATION USES, SPECIFICALLY, "MOTOR VEHICLE REPAIR GARAGE," "FUEh SALES/RESTAURANT," "FUEL SALES/WITH OR WITHOUT CONVENIENCE STORE," AND "DEPARTMENT STORE/AUTO REPAIR"; IN THE IN THE C-2 GENERAL COMMERCIAL DISTRICT AND THE I-1 LIGHT INDUSTRIAL DISTRICT WITH CERTAIN SPECIAL CONDITIONS; AMENDING SECTION 90-202 BY ADDING CERTAIN SPECIAL CONDITIONS TO PROVIDE ADDITIONAL SPECIAL CONDITIONS AND REVISE OTHER SPECIAL CONDITIONS APPLICABLE TO SOME TYPES OF USES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL • ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 does not permit operation of an "Auto, Repair Garage" use as defined in Section 90-4 (b) of Chapter 90 in the C-2 General Commercial zoning district; and WHEREAS, the City Council has determined that the current zoning ordinance provisions regarding uses relating to servicing of vehicles is confusing and redundant, and should be simplified and re-structured to better facilitate efficient and effective regulation of automotive and vehicular service-related uses; and • WHEREAS, the City Council has determined that "Motor Vehicle Repair Garage", "Fuel Sales/Restaurant," "Fuel Sales/with or without Convenience Store," and "Department Store/Aut:o • Repair" uses as defined herein, should be allowed in the C-2 General ComEnercial zoning district and in I-1 Light Industrial zoning district with certain special conditions attached; 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 "MOTOR VEHICLE REPAIR GARAGE" USE 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: Motor Vehicle Repair Garage - An enclosed facility designed for the service, repair and maintenance of automobiles, motorcycles, trucks, vans, and other motor vehicles, where any of the following may take place as primary or incidental use and may include any of the following: 1. General service, maintenance or repair of motor vehicle; 2. Oil change and lubrication; 3. Tire installation and repair; 4. Engine overhaul and replacement; • 5. Muffler installation and repair; and/or 6. Transmission service, maintenance and replacement. SECTION 2. AMENDMENT OF SECTION 90-202 TO ADD SPECIAL CONDITIONS Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following new special condition paragraphs: a dd. All loading dock and vehicle bay doors shall be located at the rear of the building. Front and sides of building shall be one hundred percent (100%) masonry, excluding doors and windows. The rear of the building is not subject to any masonry requirement, but must be of other approved material permitted by this ordinance and City codes. ORDINANCE AMENDING 7.ONING ORDINANCE: REGARDING VARIOUS AUTOMOTIVE USES Page Z C:~DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\AUTO REI'AlR GARAGE. AMENDMENT TO PERMIT IN C-2 (FINAL).W'PD j f~ No business shall occupy any portion of any building or structure prior to full completion, final inspection and issuance of a permanent certificate of occupancy. No outside display of merchandise, outside storage of merchandise, supplies, parts, equipment or accessories, or provision of services shall be permitted. A sidewalk a minimum of 48 inches in width shall be constructed along the perimeter of the property adjacent to all streets, alleys and public rights-of- way prior to issuance of any certificate of occupancy, with a minimum of one foot of grass or landscaping between the edge of such sidewalk and the back edge of the curb or edge of pavement. All parking shall be at rear and sides except that one row of parking shall be permitted along the front of the building. ~k~' ~jj: All environmental certificates shall be presented prior to building permit issuance. SECTION 3. AMENDMENT OF LAND LJSE TABLE REGARDING • "AUTO, REPAIR GARAGE" USE The Land Use Table contained in Section 90-201 of Article VII of Chaptex 90 of the Richland Hills City Code is hereby amended by the addition of a new row entitled "Motor Vehicle Repair Garage" use row under "AUTOMOTIVE AND TRANSPORTATION USES", which new land use will be permitted only as follows: (1) permitted in the I-1 Light Industrial zoning district with no special use permit being necessary and no special conditions to apply (i. e. the land use table shall reflect a "P" in such column with the notation in such column that no special conditions apply); (2) permitted in the C-2 General Commercial zoning district with no special use permit being necessary but providing that the following special conditions will be required for the permitting of any such use: «a„~ «f,~ «i„~ «k„~ «l„~ "m-2„~ «o„ «r„~ «s„~ "bb„~ "dd„~ "ee„~ «tf„~ .egg„ «hh„ «ii" and "jj". (i. e. the land use table shall reflect a "P" in such column with the notation in such column that the applicable special conditions apply). A "Motor Vehicle Repair Garage" use shall not be permitted in any other zoning districts (i. e. the land use table shall reflect a blank space in all zoning district columns except the I-1 Light Industrial and C-2 General Commercial zoning districts). SECTION 4. AMENDMENT OF SECTION 90-4 TO DELETE CERTAIN DEFINITIONS Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 3 C:ADOCUMENTS AND SETTINGS~KSU"I"TER\LOCAL SETTINGS\TEMPORARY INTERNET F[LES~OLKSA\AUTO REPAIR GARAGE AMENDMENT TO PERMIT IN G2 (FINAL).WPD • by the deletion of the following definitions: 1. Auto, Repair Garage; 2. Auto, Service Station/Restaurant; 3. Auto, Service Station; 4. Auto, Service Station/Light Maintenance; 5. Garage, Repair; and 6. Vehicle Service Center. Such deleted uses shall no longer be recognized as legal, conforming land uses within the City. SECTION 5. AMENDMENT OF LAND USE TABLE DELETING CERTAIN AUTOMOTIVE AND TRANSPORTATION USES 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 ofthe following use rows under "AUTOMOTIVE AND TRANSPORTATION USES": 1, Auto, Service Station/Restaurant; 2. Auto, Service Station; 3. Auto, Service Station/Light Maintenance; • 4. Garage, Repair; and 5. Vehicle Service Center. Such deleted uses shall no longer be recognized as legal, conforming land uses within the City. SECTION 6. AMENDMENT OF SECTION 90-4 TO ADD CERTAIN DEFINITIONS 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 definitions: Department Store/Auto Repair -Any premises containing an enclosed structure of no less than 20,000 square feet in size offering a variety of general retail goods to the general public, and in connection with such principal use also providing a secondary use of a Auto, Repair Garage. Fuel Sales/Restaurant -Any premises where automotive fuel and other petroleum products are sold as a principal use, and in connection with the primary use a secondary use of a restaurant is provided. • ORDINANCE. AMENDING ZONING ORDINANCE REGARDING VARIOUS AUI'OMO'rIVE USES Page 4 C:A000UMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TF.MPORARY WTERNET FILES\OLKSA\AUTO REPAIR GAKAGE AMENDMENT 70 PERMIT IN C-2 (FINAL).WPD • Fuel Sales/with or without Convenience Store -Anypremises where automotive fuel and other petroleum products are sold as a principal use, and in connection with the primary use a secondary use of a convenience store may be provided. SECTION 7. AMENDMENT OF LAND USE TABLE REGARDING "DEPARTMENT STORE/AUTO 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 addition of a new row entitled "Department Store/Auto Repair," use row under "AUTOMOTIVE AND TRANSPORTATION USES", which new land use will be permitted only as follows: (1) permitted in the I-1 Light Industrial zoning district with no special use permit being necessary and no special conditions to apply (i. e. the land use table shall reflect a "P" in such column with the notation in such column that no special conditions apply); (2) permitted inthe C-2 General Commercial zoning district with no special use permit being necessary but providing that the following special conditions will be required for the permitting of any such uSe: cca» cci» cci» cd_» ccl» ccm-~~e cc~~e ccr» cc~» ccby» cc,l,t» cc~~» cc fps ccgg» c.hh„ Gell" and (i. 2. 1 > > li > > > > > > U ~ UU ~ ~ L > > > the land use table shall reflect a "P" in such column with the notation in such column that the applicable special conditions apply). A "Motor Vehicle Repair Garage" use shall not be permitted in any other zoning districts (i. e. the land use table shall reflect a blank space in all zoning district columns except the I-1 Light Industrial and C-2 General Commercial zoning districts). SECTION 8. • AMENDMENT OF LAND USE TABLE REGARDING "FUEL SALES/RESTAURANT" 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 addition of a new row entitled "Fuel Sales/Restaurant," use row under "AUTOMOTIVE AND TRANSPORTATION USES", which new land use will be permitted only as follows: (1) permitted in the I-1 Light Industrial zoning district with no special use permit being necessary and no special conditions to apply (i. e. the land use table shall reflect a "P" in such column with the notation in such column that no special conditions apply); (2) permitted in the C-2 General Commercial zoning district with no special use permit being necessary but providing that the following special conditions will be required for the permitting of any such use: "a", "f', "i", "k" "1" "m-2" "o" "r" "s" "bb" "dd" "ee" "ff ' "gg" "hh" "ii" and "j j". (i. e. the land use table shall reflect a "P" in such column with the notation in such column that the applicable special conditions apply). A "Motor Vehicle Repair Garage" use shall not be permitted in any other zoning districts (i. e. the land use table shall reflect a blank space in all zoning district columns except the I-1 Light Industrial and C-2 General Commercial zoning districts). SECTION 9. AMENDMENT OF LAND USE TABLE REGARDING "FUEL SALES/WITH OR WITHOUT CONVENIENCE STORE" USE • ORDINANCE AMENDING ZONING ORDINANCE. REGARDING VARIOUS AUTOMOTIVE USES Page 5 C:AD000MENTS AND SETTINGS\KSUTI'ER\LOCAL SETTINGS\TEMPORARY INTERNET FILLS\OLKSA~AUTO REPAIR GARAGE AMENDMENT TO PERMIT IN G2 (FINAL).WPD • 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 addition of a new row entitled "Fuel Sales/with or without Restaurant," use row under "AUTOMOTIVE AND TRANSPORTATION USES", which new land use will be permitted only as follows: (1) permitted in the I-1 Light Industrial zoning district with no special use permit being necessary and no special conditions to apply (i. e. the land use table shall reflect a "P" in such column with the notation in such column that no special conditions apply); (2) permitted in the C-2 General Commercial zoning district with no special use permit being necessary but providing that the following special conditions will be required for the permitting of any such use: "a" "f' "i" "k" "1" "m-2" "o" "r" "s" "bb" "dd" "ee" "ff', "gg" "hh", "ii" and " jj". (i. c_ the land use table shall reflect a "P" in such column with the notation in such column that the applicable special conditions apply). A "Motor Vehicle Repair Garage" use shall not be permitted in any other zoning districts (i. e. the land use table shall reflect a blank space in all zoning district columns except the I-1 Light Industrial and C-2 General Commercial zoning districts). SECTION 10. 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 11. 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 12. SAVINGS CLAUSE All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of any ordinance related to signs as they may have been amended or any other ordinance or code provision 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 • ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 6 C:AD000MENTS ANU SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES',OLKSA~AUTO REPAfR GARAGE AMENDMENT'~O PERMIT IN C-2 (FINAL).WPD • but maybe prosecuted until final disposition by the courts. SECTION 13. 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 14. 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 15. 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. SECTION 16. 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 ON THIS 25th DAY OF October 2005. THE HONORABLE NELDA STRODER, MAYOR • ORDINANCE AMENDING ZONING ORDINANCE. REGARDING VARIOUS AUTOMOTIVE USES Page 7 C:AD000MENTS AND SETTINGS\KSUTTGR\LOCAL SE"T"TINGS\TEMPORARY INTERNET TILES\OLKSA\AUTO REPA[R GARAGE, AMENDMENT TO PERMff IN C-2 (FINAL).WPD \11111111111111!/!//J/ ATTEST: ~~`C ,!!J' • , O ~ °J? t` 1 =v I BUTTER, CITY SECRETARY fJll111111111 EFFECTIVE: ' a ~'Q ~ APPROVED S T FORM AND LEGALITY: TIM G. RALLA, CITY ATTORNEY • • ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AIJTOM1IOTIVF. USES Pagc 8 iI:\ORDINANC~ORD 1032-05 10-2~-OS.DOC' INVOICE "~tOn'~ Star-Telegram Customer ID: CIU08 40o w. 7TH sTREET Invoice Number: 264398621 FORT WORTH. TX 76102 ~s17) 39o-776t Invoice Date: 12/24/05 Federal Tax [D 22-3148254 Terms: Net due in 21 days Due Date: 12/31 /OS Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26439862 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Attn STACEY HARRISON Publication Date: 12/24/05 :::Description Location Col Depth Linage MU Rate .Amount ORDINANCE NO. 1032-OS AN ORDIN 13580 1 117 117 LINE $0.53 $62.01 ORDINANCE NO, gMENDING SEC= 1032-OS TION 90-20 BY ANH ORDICITNCE OOF APDEDI~N~gG~ CECRpNDIN Net Amount $62.01 RI~HWND HILLS IONS TO PROVIDE TEXAS AMENDING gDDITIONAL 3PE- CHAPTER 90 OF CIAL CONDITIONS ' THE RICHLAND AND REVISE OTHER HILLS CITY CODE, SPECIAL CONDI- THE COMPREHEN- TIONS APPLICABLE SIVE ZONING OR- TO SOME TYPES OF DINANCE BY ADD- USES; PROVIDING ^NGI CTRtAION DEFS THAT THIS ORDI- CONTAINED IN NANCE SHALL BE SECTION 90-4, CUMULATIVE OF SPECIFICALLY "MO_ ALL ORDINANCES; TOR VEHICLE RE- PROVIDING A SEV- PAIR GARAGE°' BY ERABILITY CLAUSE; ADDING CEFITAIN PROVIDING A SAV- NEW USE DEFINI- INGS CLAUSE; TIONS SPECIFI- PROVIDING APEN- CALLI~ FUEL ?`LTY FOR VIOLA- . RANT ~/RES FUEL TION; PROVIDING FOR PUBLICATION SALES''/WITH OR p`S REQUIRED BY _ _ . M«-r WITHOUT CONVE- LAW; AND PROVID-""°` ING AN EFFECTIVE NIENCE STORE' DATE. Any person, ~~^.'~~'r`~;; GHRIS'i'YL,HOLLP,ND I% AND "DEPARTMENT firm or. corporation gt 1 STORE /AUTO who violates, dis- MY COMMISSION EXPIRES REPAIR"• AND BY obeys,omrts,neglects Jaly91 ppQg ig DELETING CERTAIN or refuses to comply °•:~d•••4a+~d THE STATE OF TEX/ DEFINITIONS SPE `Kith or who resists the '"^7r^""• _ _ ---1 e County of Tarrant REPAIARLYU~A AGE ' enforcement of an of ~ ~ the provisions of this "AUTO SERVICE Ordinance shall be STATIbN/RESTAU- fined no more than RANT " AUTO Two Thousand Dol- Before me, a Note SERVICE STATION ~ Iars 42,000.00) for all e, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator AUTO SERVIC viola ons of this Or- for the Star-Telegr S T A TAI O N / L I G H ~ dina++cs. Each day at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did p y M A I N T E N g N C E" that a violation fa de ose and sa f GARAGE REPACIRL cOnretinutetaeaeparate 'ment was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR SERVICE CENTIE`R~ °ttenae. (817) 390-7320 BY AMENDIN(# SECTION 80-201, THE LAND USE TA- OP~RATIONPER OF VARIOUS AUTOMO- Signed TIVE AND TRANS- SUBSCRIBED AND', sPECIFICALLYSaEfo= ,THIS Wednesday, Ja a , 2006. TOR VEHiCL~ RE- PAIRGARAGE " "FU- EL SALES/RE~TAU- SALE$/WITH FOR Notary Public WITHOUT CONVE- NIENCE STORE' STOREA/AUTO Thank You Fol THEAC ~ IGENER IN COMMERCIAL DIS- _ TRICT AND THE I-1 - ' " " _y__ LIGHT INDUSTRIAL DISTRICT y~ITH CERTAIN SPECIAL CONDITIONS: Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 264398621 • Invoice Amount: $62.01 PO Number: Amount Enclosed: