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Home My Public Portal AboutOrdinance No. 1067-06 09-26-2006 • ORDINANCE N0.1067-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REDUCING THE SIZE OF REQUIRED BUFFERYARDS BETWEEN RESIDENTIAL ZONING DISTRICTS AND OTHER DISTRICTS BY AMENDING SECTION 48-4 OF THE CITY CODE TO CREATE A NEW BUFFER YARD CATEGORY "D", DEFINE ITS APPLICABILITY, AND AMEND THE REQUIREMENTS FOR SUCH BUFFERYARDS; 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 Council has determined that the bufferyard requirements for properties abutting residential areas are too stringent, are hampering needed development, and are unnecessarily wide to protect the adjacent residential areas, and wishes to reduce the width of the required bufferyards to five feet, but also wishes to refine the requirements for such bufferyards; • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF TABLE #1 OF SUBSECTION (c) (1) OF SECTION 48-4 TO CREATE A NEW BUFFER YARD CATEGORY "D" Table # 1 of Subsection (c) (1) of Section 48-4 of Chapter 48 of the Richland Hills City Code is hereby amended to provide as follows: • Buffe and Tab _ ~ _ ; le #1 ~ __a _ ; Zoning of Adjacent Property C MF R _ I NONE A B D ' C NONE NONE A D i M F NONE A NONE D R NONE NONE NONE NONE The remainder of Subsection (c) (1) of Section 48-4 of Chapter 48 shall remain unchanged. SECTION 2. AMENDMENT OF SUBSECTION (c) (2) OF SECTION 48-4 TO DEFINE REQUIREMENTS OF NEW BUFFER YARD CATEGORY "D" Subsection (c) (2) of Section 48-4 of Chapter 48 of the Richland Hills City Code is hereby amended by the addition of a new subsection d., which new subsection shall provide as follows: (2) Specific Bufferyard Requirements. • d. All required bufferyards designated as "D" in Table #1 shall have a minimum depth of five (5) feet, and shall have planted in it five (5) gallon shrubs, which when they reach maturity will have a height of six (6) feet or more. They shall be spaced so at maturity the width of the shrubs will combine to form a solid screening hedge. The shrubs shall be of an evergreen variety. SECTION 3. 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 4. 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 • ORDINANCE REDUCING SIZE OF BUFFERYARDS AND AMENDING BUFFERYARD REQUIREMENTS Page 2 W:\Richland Hills\OrdinanceU.andscape Code Amendment reducing buffer yards for uses abutting residential districts.tgs.FINAL.9-22-06.wpd • 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 5. 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 may be prosecuted until final disposition by the courts. SECTION 6. 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 to the extent required by law. SECTION 7. • 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 8. 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 Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. 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. • ORDINANCE REDUCING SIZE OF BUFFERYARDS AND AMENDING BUFFERYARD REQUIREMENTS Page 3 W:\Richland Hills\Ordinance\Landscape Code Amendment reducing buffer yards for uses abutting residential districts.tgs.FINAL.9-22-06.wpd • PASSED AND APPROVED ON THIS 26 DAY OF September , 2006. -L GY T HONORABLE DAVID L GAN, MAYOR ATTES \\\\\~~~~u I rl l l u r rrNrrr~~/ s~ ,off SUT ER, CITY SECRETARY m= =v I 'y\ EFFECTIVE DATE: ~~t~7.~f?~._ ~nb APPROVE AS O O ND LEGALITY: 11111 TIM G. SRALLA, CITY ATTORNEY • ORDINANCE REDUCING SIZE OF BUFFERYARDS AND AMENDING BUFFERYARD REQUIREMENTS Page 4 • W:\Richland Hills\Ordinance\I,andscape Code Amendment reducing buffer yards for uses abutting residential districts.tgs.FINAL.9-22-06.wpd INVOICE ih~ri ~>~,~y Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 275741681 FORT WORTH, TX 76102 • (817) 390-7761 Invoice Date: 10/6/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 27574168 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn Attn: TONYA DOWDY Publication Date: 10/6/06 r:Description', < ` Location 'Col Dep h'~,Ginage MU , ...:Rate Amount CITY OF KICHLAND HILLS ORDINAN I3580 1 71 71 LINE $0.53 $37.63 RICHLAND HILLS ORDINANCE NO. ,os~-os Net Amount: $37.63 AN ORDINANCE OF THE CITY OF RICHLAND HILLS TEXAS, REDUCING; THE SIZE OF RE- YOARDS BETWEEN RESIDENTIAL ZON- ING DISTRICTS AND OTHER DISTRICTS BY AMENDING SECTION 48-4 OF THE CITY CODE TO CREATE A NEW BUFFER YARD CATEGORY D", DEFINE lTS APPLI- CABILITY, AND AMENDS THE RE-. QUIREMENTS FOR SUCH BUFFER- , . YARDS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING A PEN- ALTY FOR VIOLA- THE STATE OF TEXAS TION' PROVIDING A Coun of Tarrant SAVItVGS cLAUSE- tY PROVIDING FOFI PUBLICATION AS AND PIROVIDING AN Before me, a Notary Public in a EFFECTIVE DATE. Id State, I day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Tele ram, publishes ANY PERSON, FIRM 1, In at Worth, in Tarr t Coun ,Texas; and who, offer bein dul sworn, did g OR CORPORATION ~ g y depose and say that the attac' DIS°oBEYS 1OOnniTS: iverti em t as pu lished i tiie above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM NEGLECTS OR RE- FUSES TO COMPLY (817) 390-7320 WITH OR WHO RE- SISTS THE EN- FORCEMENT OF ANY OF THE PRO- VISIONS OF THIS ORDINANCE SHALL BE FINED NO MORE SUBSCRIBED AND SWORN TO BE DRED FI DOLLHAURS Qy, Octob 192 AND NO CENTS / ($500.00) FOR EACH ` L ~ . ~ ~ IOLATI N OF THIS G/~~~.. ORDINANCE. EACH Public DAY THAT A VIO- LATION IS PERMIT- SHALLCONSTITUTE A S PARATE OF- T aTl You For Your Pa FEN PgqSgSEgD - - - _ THE A~+P~VED ND HILLS CITY UN- CIL ON SEPTEER 28, 2006. Remit To: Star-Telegram Customer ID: CILJ08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 275741681 Invoice Amount: $37.63 PO Number: Amount Enclosed. $