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Home My Public Portal AboutOrdinance No. 1087-07 07-10-2007 • CITY OF RICHLAND HILLS ORDINANCE NO. 1087-07 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTIONS 90-201 AND 90-202 OF THE ZONING CODE TO REQUIRE COMMERCIAL AND INDUSTRIAL USES OFFERING OR UTILIZING LIVE MUSIC, OR OUTDOOR MUSIC OR OTHER AMPLIFIED SOUND TO OBTAIN A SPECIAL USE PERMIT; 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted Chapter 90 of the City Code, a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and providing for a method to amend said ordinance for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and • WHEREAS, the Planning and Zoning Commission has recommended revision of Chapter 90 to require a Special Use Permit if, between 10:00 p.m. on Sunday through Thursday and 7:00 a.m. on Monday through Friday, or between the hours of 1:00 a.m. and 7:00 a.m. on Saturday and Sunday, any commercial or industrial use, regardless of whether such use is located in the C-1 Restricted Commercial, C-2 General Commercial, C-3 Multi-story Commercial, I-1 Light Industrial, I-2 Heavy Industrial, or a PUD Planned Unit Development zoning district, an owner or operator of such use wishes to provide either live music indoors, or provide or utilize live or recorded or broadcast music or other amplified sound outdoors, in order to provide stricter controls to regulate the special considerations that such uses create, including increased noise; and WHEREAS, the City Council has determined that the above-described amendment is consistent with the City's Land Use Plan, is in the best interests of the City and its citizens, and should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-202 TO ADD CONDITION APPLICABLE TO ALL COMMERCIAL AND INDUSTRIAL USES Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby • amended by the addition of the following paragraph: • If any commercial and industrial use in the C-1 Restricted Commercial, C-2 General Commercial, C-3 Multi-story Commercial, I-1 Light Industrial and I-2 Heavy Industrial zoning districts if the use is to provide live music or is to utilize live or recorded or broadcast music or other amplified sound between 10:00 p.m. on Sunday through Thursday and 7:00 a.m. on Monday through Friday, or between the hours of 1:00 a.m. and 7:00 a.m. on Saturday and Sunday, a Special Use Permit shall be required. In all other respects, Section 90-202 shall remain unchanged. SECTION 2. 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 3. 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 4. 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 5. 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. • ORDINANCE ADDING SUP REQUIREMENT FOR RESTAURANTS OFFERING LIVE MUSIC OR OUTDOOR SOUND Page 2 W:\Richland Hills\Ordinaance\SUP for live music and amplified sound.7.5.07.FINAL.wpd • SECTION 6. 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 7. 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 each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. 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. • PASSED AND APPROVED ON THIS ~ ~ DAY OF , 2007. ,i HONORABLE DAVID . RAGAN, MAYOR n i uiiiiiii ATTEST: \`\\\\,,,.~~CNL~:.IIIQ Ok 1 ,l~cA ~m= NDA CANTU, CITY SECRETARY _ v I ~ EFFECTIVE DATE: ~ ~ d 0~ n n n i ~~~~r~~ • ORDINANCE ADDING SUP REQUIREMENT FOR RESTAURANTS OFFERING LIVE MUSIC OR OUTDOOR SOUND Page 3 W:\Richland Hills\Ordinance\SUP for live music and amplified sound.7.5.07.FINAL.wpd APPROVED T FORM AND LEGALITY: f ,r,~` TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE ADDING SUP REQUIREMENT FOR RESTAURANTS OFFERING LIVE MUSIC OR OUTDOOR SOUND Page 4 W:\Richland Hills\Ordinance\SUP for live music and amplified sound.7.5.07.FINAL.wpd INVOICE r~~~~<<~~~~~~ Star-Telegram Customer ID: CIU08 40o w. 7TH sTREET Invoice Number: 286368011 FORT WORTH, TX 76102 (s17) 390-7761 Invoice Date: 7/13/07 • Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28636801 RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: City of Richland Hill Attn BARBARA . WRIGHT Publication Date: 7/13/07 Ucscriptioq Location Col Depth Linu~c X11 U 12ate Amount CITY OF City of Richland Hills Orc omli%e'Inio. I3580 1 59 59 LINE $0.53 $31.27 1oa~-o~ AN ORDINANCE OF THE CITY. OF RICH- LAND HILLS, TEXAS AMENDING sEC- 90 202 900E 1 THE Net Amount: $31.27 ZONING CODE TO REQUIRE COMMER- CIAL AND. INDUS- TRIAL USES OF- FERING OR UTILIZ- ING LIVE MUSIC, OR OUTDOOR MUSIC OR OTHER AMPLI- FIED SOUND TO OBTAIN A SPECIAL USE PERMIT• PRO- VIDING THA~f THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; . PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING A PEN- ~ALTY FOR VIOLA- TION• PROVIDING A SAVISVGS CLAUSE; • PROVIDING PUBLI- CATION AS RE- QUIRED BY LAW; -..-..,,~„„„„a,,,,, ANO PROVIDING AN EFFECTIVE DATE. ~ ~;d~'.~;y^; Any person, firm or ~ j " : CHRISTY L. HOLLAND corp oration who vi- olates, disobeys, ~ - MY COMMISSION EXPIRES THE STATE OF TEXAS °e uses ntolecompiv ~'I;, ~ s~;~# JUIy 31, 2008 County of Tarrant with or who resists ;l__.~:~!,!,, x.~,a the enforcement of any of the provisions of this Ordinance Before me, a Notary Publi more bthannedT~no ,and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-Telegram, put Thou;and Dollars ram, Inc. at Fort Worth, in Tarrant Coun Texas; and who, after bein dui sworn, did de ose and and no cents g tY~ 9 Y P say that the attached clipp t$2rooo.oo~ for earn t was published in the above named paper on the listed dates: BIDS 8 LEGAL DEPT. STAR v~o ation of this Or- TELEGRAM dinance. Each day that. a -violation is (817) 390-7501 permitted to exist ~ shall constitute a s~~parate offense. PasslQ and approved on the 10th day of Signed July, Zoos. r. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, J y 1 2 A, . Notary Public , -G Thank You For Your Payment Rem1t To: Star-Telegram Customer ID: C1U08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 286368011 Invoice Amount: $31.27 • PO Number: Amount Enclosed: , ~