HomeMy Public PortalAboutOrdinance No. 1032-07 08-01-2007 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, SPECIFICALLY, BY ADDING TO SECTION 90-4
CERTAIN NEW USE DEFINITIONS, SPECIFICALLY, "DEPARTMENT STORE/AUTO
REPAIR," "FUEL SALES/RESTAURANT," "FUEL SALES WITH OR WITHOUT
CONVENIENCE STORE," AND "MOTOR VEHICLE REPAIR GARAGE;" AND BY
DELETING CERTAIN EXISTING USE DEFINITIONS, SPECIFICALLY, "AUTO, REPAIR
GARAGE", "AUTO, SERVICE STATION/RESTAURANT," "AUTO, SERVICE STATION,"
"AUTO, 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, "DEPARTMENT STORE/AUTO REPAIR,"
"FUEL SALES/RESTAURANT," "FUEL SALES WITH OR WITHOUT CONVENIENCE
STORE," AND "MOTOR VEHICLE REPAIR GARAGE," IN THE IN THE C-2 GENERAL
COMMERCIAL DISTRICT AND THE I-1 LIGHT INDUSTRIAL DISTRICT WITH
CERTAIN SPECIAL CONDITIONS AND WITH A SPECIAL USE PERM IT IN SOME
INSTANCES; AMENDING SECTION 90-202 BY ADDING CERTAIN 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 Ciry 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/Auto
Repair" uses, as defined herein, should be allowed in the C-2 General Commercial zoning district
and in I-1 Light Industrial zoning district with certain special conditions attached and, in some
instances as provided below, with a special use permit, and certain other redundant use definitions
should be deleted;
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 AND DELETE DEFINITIONS
Section 90-4(b) of Article I of Chapter 90 ofthe 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.
Fuel Sales with or without Convenience Store -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 convenience store may be provided.
Motor Vehicle Repair Garage - An enclosed facility designed for the service, repair
and maintenance of automobiles, motorcycles, trucks, vans, and other motor vehicles
(but excluding boats), 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 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is also hereby amended
by the deletion of the following definitions:
Auto, Repair Garage;
Auto, Service Station/Restaurant;
Auto, Service Station;
Auto, Service Station/Light Maintenance;
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 2
W:\]tichland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (corrected).tgs.8-1-07.wpd
Garage, Repair; and
Vehicle Service Center.
Such deleted uses shall no longer be recognized as legal, conforming land uses within the City.
The remainder of Section 90-4(b) shall remain unchanged.
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:
hh. All loading dock and vehicle bay doors shall be located at the rear of the
building.
ii. 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
sped masonry requirement, but the building as a whole must conform to the
general masonry requirements of this Chapter, and other materials use must
be approved approved and permitted by this ordinance and other applicable
City codes.
jj. 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.
kk. No outside display of merchandise, outside storage of merchandise, supplies,
parts, equipment or accessories, or provision of services shall be permitted.
11. 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.
mm. All parking shall be at rear and sides except that one row of parking shall be
permitted along the front of the building.
nn. All environmental certificates shall be presented prior to building permit
issuance.
oo. No motor vehicles designed to seat more than eight (8) passengers or trucks
greater than one and one-half ton in size shall be accepted for repair.
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE U5ES Page 3
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (corrected).tgs.8-1-07.wpd
pp. No primary structure shall be located within 300 feet of any property zoned
for a residential use or any property which is occupied by a church, public
school, day care or nursing home, provided, however, that this restriction
shall not apply if said primary structure is separated from all residential use
and any property which is occupied by a church, public school, day care or
nursing home by a thoroughfare of five lanes or more in width. The
measurement of distance shall be measured as a radius from the edge of the
primary structure to the residential district line.
The remainder of Section 90-202 shall remain unchanged.
SECTION 3.
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 and the C-2 General Commercial zoning district only with a special use permit and providing
that special condition "pp" applies to any such use (i. e. the land use table shall reflect a "S" in such
columns with the notation that special condition "pp" applies). A "Department Store/Auto Repair"
use shall not be permitted in any zoning districts other than the two referenced above (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).
The remainder of the Land Use Table contained in Section 90-201 shall remain unchanged, except
as otherwise provided herein.
SECTION 4.
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
and the C-2 General Commercial zoning district only with a special use permit and providing that
special condition "pp" applies to any such use (i. e. the land use table shall reflect a "S" in such
columns with the notation that special condition "pp" applies). A "Fuel Sales/Restaurant"uw shall
not be permitted in any zoning districts other than the two referenced above (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).
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 4
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (corrected).tgs.8-1-07.wpd
The remainder of the Land Use Table contained in Section 90-201 shall remain unchanged, except
as otherwise provided herein.
SECTION 5.
AMENDMENT OF LAND USE TABLE REGARDING
"FUEL SALES WITH OR WITHOUT CONVENIENCE STORE" 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 with
or without Convenience Store" 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 and the C-2 General Commercial zoning district only with a special use
permit and providing that special condition "pp" applies to any such use (i. e. the land use table shall
reflect a "S" in such columns with the notation that special condition "pp" applies). A "Fuel Sales
with or without Convenience Store" use shall not be permitted in any zoning districts other than the
two referenced above (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).
The remainder of the Land Use Table contained in Section 90-201 shall remain unchanged, except
as otherwise provided herein.
SECTION 6.
AMENDMENT OF LAND USE TABLE REGARDING
"MOTOR VEHICLE 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 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„ «o„ «r„ «s„ «ii„ «ll„ «~„and "oo".
, , , , , , , , , , , , , ,
(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).
The remainder of the Land Use Table contained in Section 90-201 shall remain unchanged, except
as otherwise provided herein.
SECTION 7.
AMENDMENT OF LAND USE TABLE DELETING CERTAIN
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 5
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (corrected).tgs.8-1-07.wpd
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 of the following use rows under
"AUTOMOTIVE AND TRANSPORTATION USES":
Auto, Repair Garage;
Auto, Service Station/Restaurant;
Auto, Service Station;
Auto, Service Station/Light Maintenance;
Garage, Repair; and
Vehicle Service Center.
Such deleted uses shall no longer be recognized as legal, conforming land uses within the City.
The remainder of the Land Use Table contained in Section 90-201 shall remain unchanged, except
as otherwise provided herein.
SECTION 8.
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 indirect 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 9.
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 10.
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,
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 6
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (corrected).tgs.8-1-07.wpd
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 11.
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 12.
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 13.
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 14.
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.
k X001.
PASSED AND APPROVED ON THE ' N` DAY OF , ~9f~5-
E HONORA/BJ,,L~E
DA L. RAGAN, MAYOR
ATTEST: 7
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 7
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (con•ected).tgs.8-1-07.wpd
LINDA CANTU, CITY SECRETARY
EFFECTIVE: ~ 0
APP VE AST RM A GALITY:
TIM G. SRALLA, CITY ATTORNEY
ORDINANCE AMENDING ZONING ORDINANCE REGARDING VARIOUS AUTOMOTIVE USES Page 8
W:\Richland Hills\Ordinance\Auto repair garage amendment to permit in C-2 (conected).tgs.8-1-07.wpd
TIM G. SRALLA Certified Civil Appellate Law Specialist
extension 228 Texas Board of Legal Specialization
tsralla@toase.com
August 3, 2007
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
Re: City Code of the City of Richland Hills
Dear Sir/Madam:
I serve as the city attorney for the City of Richland Hills, and I want to make you aware of
some errors that we have discovered in a previously enacted ordinance. We are administratively
correcting this ordinance, and I request that you correct the City Code accordingly. A copy of the
corrected Ordinance No. 1032-OS is enclosed for your file. The errors relate to Chapter 90 of the
City Code, and specifically, the provisions regarding five different land uses and some special
conditions. I will discuss each of these in turn.
One required change is that a new special condition which was added by the ordinance was
not identified on the original ordinance. It is "pp," and is defined in the enclosed ordinance. Please
add that special condition to Section 90-202.
The second error relates to the "Auto Repair Garage" use. That use was deleted as a defined
and approved land use. When the ordinance was codified, the definition for "Auto Repair Garage"
was properly deleted from the definition section, Section 90-4. However, it was incorrectly retained
in the land use table contained in Section 90-201. Therefore, that row should be deleted from the
land use table.
The next error relates to the "Department Store/Auto Repair" use, the "Fuel Sale/Restaurant"
use and the "Fuel Sales with or without Convenience Store" use. These uses were properly defined
and incorporated into the land use table, but they were marked as "permitted" in both the I-1 and C-2
zoning districts. However, they should be allowed in those districts only with a special use permit,
so that the land use table should reflect a "S" instead of "P" in both the C-2 and I-1 districts. Also,
the special conditions for those three uses are incorrectly identified, and should have been limited
to special condition "pp."
Finally, the "Motor Vehicle Repair Garage" use was correctly added to the definitions and
the land use table, and it was correctly listed as a permitted use in the both the C-2 and I-1 zoning
districts. However, the applicable special conditions were again incorrectly stated. They should
have been listed as "a, f, i, k, 1, o, r, s, hh, ii, jj, kk, 11, mm, and oo."