HomeMy Public PortalAboutOrdinance 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
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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
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• 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
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• 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
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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
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• 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
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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: