Loading...
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."