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Home My Public Portal AboutOrdinance No. 1081-07 03-13-2007 • CITY OF RICHLAND HILLS ORDINANCE NO. 1081-07 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE DEFINITIONS OF "CLINIC" AND "REHABILITATION CARE FACILITY (SUBSTANCE ABUSE)" IN SECTION 90-4(b) OF THE RICHLAND HILLS CITY CODE, AND AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201, TO PROVIDE THAT REHABILITATION CARE FACILITY (SUBSTANCE ABUSE) FACILITIES ARE PERMITTED ONLY IN THE I-2 HEAVY INDUSTRIAL ZONING DISTRICT; 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 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 currently define or provide for substance abuse treatment or drug rehabilitation facilities in the City, but does generally permit medical clinics in certain areas of the city; and WHEREAS, the Richland Hills Planning and Zoning Commission and the City Council have determined that it was never the intent of the City to permit facilities whose purpose or function is to provide substance abuse treatment or drug rehabilitation within the City; and WHEREAS, the Richland Hills Planning and Zoning Commission has therefore recommended that the definition of "clinic" be amended to specifically exclude such uses, and also recommended that a definition for "substance abuse treatment or drug rehabilitation facility" be added and the land use table contained in the Code amended to specifically exclude such use throughout the City; and WHEREAS, the City Council has determined that such amendments are consistent with the City's Land Use Plan and in the best interests of the City and its citizens; and • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4(b) TO AMEND DEFINITIONS OF "CLINIC" AND "REHABILITATION CARE FACILITY (SUBSTANCE ABUSE)" Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the amendment of the following definitions, which shall henceforth provide as follows: Clinic means a public or private, profit or non-profit, facility for the reception and treatment of outpatient persons who are physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service, provided, however, that this shall not include a facility a function of which is to provide substance abuse or drug rehabilitation services, whether on a residential or outpatient basis, or which facility is marketed as offering such services, in whole or in part. Rehabilitation care facility (substance abuse) means a public or private, profit or non-profit, facility a purpose or function of which is to provide substance abuse or drug rehabilitation services, whether on a residential or outpatient basis, or which • facility is marketed as offering such services, in whole or in part. In all other respects, Section 90-4 shall remain unchanged. SECTION 2. AMENDMENT OF LAND USE TABLE TO EXCLUDE SUBSTANCE ABUSE AND DRUG REHABILITATION 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 amendment of the row entitled "Rehabilitation care facility (substance abuse)" under the "MEDICAL USES" category, to provide blanks in all zoning district columns of said row except the I-2 Heavy Industrial zoning district, so as to indicate that a "Rehabilitation care facility (substance abuse)" use shall not be allowed in any zoning district other than the I-2 Heavy Industrial zoning district, and to provide an "S" in the I-2 Heavy Industrial zoning district column so as to indicate that a "Rehabilitation care facility (substance abuse)" use shall be allowed in the I-2 Heavy Industrial zoning district only with a Special Use Permit, so that such row shall henceforth provide as follows: ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO EXCLUDE SUBSTANCE ABUSE AND DRUG REHABILITATION FACILITIES Page 2 • W:\Richland Hills\Ordinance\Substance Abuse Facility Amendment.tgs.fina1.3.14.07.wpd • The above-referenced changes to the Land Use Table should appear as follows: Land Use Resignation Nonresidential Special Desi nation Conditions COMMERCIAL, RETAIL AND SERVICES USE R-1L R-1 R-2 R-3 R-4 MH C-1 C-2 1-I I-2 Substance Abuse and S e, f, g, o, qq Drug Rehabilitation Uses In all other respects, the Land Use Table contained in Section 90-201 shall remain unchanged. 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 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. ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO EXCLUDE SUBSTANCE ABUSE AND DRUG REHABILITATION FACILITIES Page 3 • W:\Richland Hills\Ordinance\Substancc Abuse Facility Amendment.tgs.fina1.3.14.07.wpd • 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 Two Thousand Dollars and no cents ($2,000.00) for all violations 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 AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO EXCLUDE SUBSTANCE ABUSE AND DRUG REHABILITATION FACILITIES Page 4 • W:Utichland Hills\Ordinance\Substancc Abuse Facility Amendment.tgs.fina1.3.14.07.wpd • PASSED AND APPROVED ON THIS ~ ~ DAY OF , 2007. HONORAB E DAVID . RAGAN, MAYOR ATTEST: L NDA CANTU, CITY SECRETARY \\~~~~~unliuiuii,,~~~ ~ D ~ 1~. X001 ;o~~..~. .<<~ , EFFECTIVE DAT _y m_ v ~ a APP OVED S T AN EGALITY: TIM G. SRALLA, CITY ATTORNEY • ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO EXCLUDE SUBSTANCE ABUSE AND DRUG REHABILITATION FACILITIES Page 5 • W:\Richland Hills\Ordinance\Substance Abuse Facility Amendment.tgs.fina1.3.14.07.wpd INVOICE ~ra,r ~~~rly Star-Telegram Customer ID: CIU08 40o w. 7TH sTREET Invoice Number: 282137041 FnRT WORTH, TX 76102 _ - Invoice Date: 3/30/07 _ _ _ (&1-7)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28213704 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: AN ORDINANCE O Attn BARBARA . WRIGHT Publication Date: 3/30/07 Description ~ Location Col Depth Linage. MU Kate Amount unconsittutlona AN ORDINANCE OF THE CIT~C 1 Noticefa; perase, clause, sen- lance, paragraph or $~-53 $77.91 THE CITY OF section. RICHLAND HIDLLS RIGHTS AND REME- 17 1 7 LINE TEXAS AMEN INCi DIES SAVED - Ali THE DEFINITION O rights and remediee CLINIC' AND ADD- oT the City are ex- ING A DEFINITION pressly saved as tc AN ORDINANCE OF FOR `SUBSTANCE any and all yrolations ABUSE TREATMMEENT of the provisions of Net Amount• $77.91 OR DRUG REHA- the City Code BILITATION FACILI- amended or revised TY' IN SECTION 90~ herein, or any other 4 b)OF THE RICH- ordinances affecting LAND HILLS CITY the matters, regulated CODE ANC herein which have I AMENhING THE accrued at the time of LAND -USE TABLE the effective date of CONTAINED Ih this ordinance; and SECTION 90-201 TC as to such accrued CLARIFY Tt-IAT? violations and ail SUBSTANCE ABUSE pending litigation, TREATMENT ANC both civil and criminal, DRUG REHABILITA-' whether pending in TION FACILITIES court or not under ARE NOT PERMIT" such ordinances, TED• PROVIDINC° same shall not be THAT THIS ORDI-- affected by this ordi- NANCE SHALL BE Hance but maY be CUMULATIVE OF prosecuted unti final ALL ORDINANCES,. disposition by the • PROVIDING A SEV courts. ERABILITY CLAUSE: PUBLICATION- The ,.am;,,~„~.,,,„,~+.,r~,--- - PROVIDING APEN- City Secretary of the ALTY FOR VIOLA- City. of Richland Hills TION` PROVIDING P is directed to publish ! ~N~ s i_ I ~ ,L SAVINGS CLAUSE the caption, penalty ~ ' PROVIDING FOF clause, publication ! ~ PUBLICATION AS clause and effective ~'~i- . REQUIRED BY LAW date of this Ordinance ) THE STATE OF TEXAS AND PROVIDING A~ to the extent required j _ _ EFFECTIVE DATE. COUnty Of Tarrant PROVISIONS 3EV PENALTY FOR VIO- '-...,.m•ir»x~-~M~ ERABLE It rs hereby CATION -Any person, declared to be the firm or corporation intention of the Cit who violates, dis- Before me, a Notary Public in and f c until tear tn~t obeys, omits, neglecistppeared Deborah Baylor, Bid and Legal Coordinator hQrases, clauses„ or refuses to comply for the Star-Telegram, published by sentences, pare- with or who resists hetnt County, Texas; and who, after being duly sworn, did depose and raphs, and section enforcement of an of say that the attached clipping of an of fhis ordinance ark the provisions of ~{nisned paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM severable, and rf any Ordinance shall be hrase, clause, see-, fined no more than (817) 390-7501 Fence, paragraph or Two Thousand Do1- section of this ordi lays and no cents Hance shall be deb (.$2.000.00) for each Glared unconstrtution - violation o this Ordi- al by the valid udg~ Hance. Each day that meet or decree o~ any; a violation is permitted court- of competent to exist shall consti- urisdlction, such un- rule a separate of- SUBSCRIBED AND SWORN TO BE constrtutionalrty shal~j EFFECTIVE DATE- not affect any toaSes Thrs. ordinance. shall remaining P be rn full force and clauses, sent®nces, effect from and after paragraphs and sect lions of this ordi ~tublicatlonag as erred, Hance, since the same rda would have beer enacted by the Cr F'°~° qND AP- Y incor orlraWOn ~ n this puired by law and rt- Thank You For Your Pa 1 P1~OV~D ON THIS ordinance of any such 5nn~ day of March, • - -C O8 _ Rem~ o: P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 282137041 Invoice Amount: $77.91 PO Number: - Amount Enclosed:- INVOICE ' r~ratt ~„~Iy Star-Telegram Customer ID: CN08 400 W. 7TH STREET Invoice Number: 285285891 FORT WORTH, TX 76102 . (817) 390-7761 Invoice Date: 6/14/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28528589 RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: City of Richland Hill Attn BARBARA . WRIGHT Publication Date: 6/14/07 Description' ~ .:"act Col Depth Linage MU ` Rate Amount cmr of City of Richland Hills Ordinan o ai~a, ~e'No. ~ 1 67 67 LINE $0.53 $35.51 foal-o7 AN ORDINANCE OF THE CITY OF RICH- LAND HILLS, TEXAS AMENDING THE DEFINITIONS OF CLINIC" AND "RE- Net AmOUnt: $35.51 HABILITATION CARE FACILITY (SUB)STANCE TION 90-4(b) OF THE RICHLAND HILLS CITY CODE, AND AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201, TO PROVIDE THAT RE- HABILITATION CARE FACILITY ABUSE)SFACIL T ES ARE PERMITTED ONLY IN THE I-2 HEAVY INDUSTRIAL ZONING DISTRICT• PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES• PRO- VIDING A S°EVER- ABILITY CLAUSE; PROVIDING A PEN- ALTY CLAUSE• PROVIDING Fol£ CHRISTY L. HOLLAND PUBLICATION AS ;=o?!'p~"!:@;; REQUIRED BY LAW; AND PROVIDwG AN - ~ MY COMMISSION EXPIRES EFFECTIVE DATE. July 31, 2008 corporation ~ who vir ~"4 4i1 olates, disobeys, THE STATE OF TEXAS omits, neglects or refuses to comply Coun of Tarrant witn or wno resists the enforcement of any of the provisions of this ordinance Before me, a Notary Public in anr- more b thaned Two Mate, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-Telegram, published i anause o °cents Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of a v ofa00o~ of'r thi° )ublished in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM ordinance. Each day that a violation is (817) 390-7501 permitted to exist shall constitute a separate Offense. nc~ Passed and approved ~C` 1~~~ on the 13th day of ?d March, 2007. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, June 1 0 Thank You For Your Payment ----____...____-----N>~taclc2u41ic- Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 285285891 • Invoice Amount: $35.51 PO Number: Amount Enclosed: