HomeMy Public PortalAboutOrdinance No. 1089-07 06-26-2007 • CITY OF RICHLAND HILLS ORDINANCE NO. 1089-07
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTERS 48 AND 90 OF THE CITY CODE TO AMEND THE
REQUIREMENTS FOR MASONRY CONSTRUCTION IN ALL DISTRICTS,
TO AMEND THE REQUIREMENTS FOR SCREENING FENCES
BETWEEN NONRESIDENTIAL AND RESIDENTIAL PROPERTIES, AND
TO AMEND THE DEFINITION OF REQUIRED "MASONRY"
COMPONENTS OF CONSTRUCTION, AND AMENDING CHAPTER 14 TO
ENACT REGULATIONS REGARDING THE USE OF STUCCO AND EIFS
OTHER MATERIALS; 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 City Code in order to regulate zoning as authorized by Chapter 211
• of the Texas Local Government Code; and
WHEREAS, the zoning ordinance currently provides for the construction of a decorative
masonry wall by the owner of property zoned commercial, industrial, or multi-family when such
property is adjacent to property that is zoned as single-family or two-family residential; and
WHEREAS, the City Council has previously enacted a landscaping ordinance for
commercial, industrial and multi-family residential properties, which ordinance is codified as
Chapter 48 of the City Code; and
WHEREAS, the landscaping ordinance also provides for the construction of a decorative
masonry wall by the owner of property zoned commercial, industrial, or multi-family when such
property is adjacent to property that is zoned as single-family or two-family residential; and
WHEREAS, the Planning and Zoning Commission has recommended, and the City Council
has agreed, that the decorative wall requirements referenced above create an unreasonably expensive
burden on the owners of such commercial, industrial, and multi-family properties, and constitute an
impediment to quality development and re-development; and
WHEREAS, Chapter 90, the zoning code, currently provides for multiple, confusing
definitions of"masonry", which creates ambiguities and confusion, and does not adequately address
the use of tilt-wall, stucco and EIFS; and
•
• WHEREAS, the Planning and Zoning Commission has recommended, and the City Council
has agreed, to change the regulations regarding the use of masonry and related products, including
tilt-wall, stucco and EIFS;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
ADDITION OF SECTION 14-36 TO REGULATE USE OF STUCCO AND EIFS
Section 14- 36 of Article II of Chapter 14 of the Richland Hills City Code is hereby added,
which Section shall provide as follows:
Section 14-36. Limitations on use of certain Building Materials.
(a) Stucco, as defined in Chapter 90 of the City Code, as amended, maybe used
only more than three (3) feet above the top of the slab or, if a type of construction
other than concrete slab is utilized, it is used only more than four (4) feet above
grade level.
(b) EIFS reinforced systems may be used only more than eight (8) feet above
grade..
• SECTION 2.
AMENDMENT OF SECTION 48-2 BY CHANGING DEFINITION OF
"SOLID SCREENING FENCE" AND ADDITION OF DEFINITIONS OF
"MASONRY" AND "STUCCO"
Section 48-2 of Chapter 48 of the Richland Hills City Code is hereby amended by the
modification of the following definition:
Solid Screening Fence shall have the meaning contained in Section 90-4 of Chapter
90 of the City Code. If there is an existing fence in a good state of repair and which
meets the above-described specifications across the whole or a part of the area to be
covered by said fence, then that portion of the existing fence which meets the above-
described specifications may be retained in lieu of a new fence, provided that the
written consent of the residential owner(s) whose property is adjacent to that portion
of the required fence is obtained and filed with the City.
Section 48-2 of Chapter 48 of the Richland Hills City Code is hereby also amended by the addition
of the following definitions:
Masonry shall have the meaning contained in Section 90-4 of Chapter 90 of the City
Code.
• ORDINANCE REVTSING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page t
W:\Richland Hills\Ordinance\Masonry revision ordinance.tgs.final.b-12-07.wpd
• Stucco shall have the meaning contained in Section 90-4 of Chapter 90 of the City
Code.
In all other respects, Section 48-2 shall remain unchanged, except as otherwise provided herein.
SECTION 3.
AMENDMENT OF SECTION 90-4 BY ADDING DEFINITIONS FOR
"SOLID SCREENING FENCE" AND "STUCCO" AND
ADDITION OF DEFINITION OF "MASONRY"
Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby amended
by the modification of the following definition:
Masonry means any of the following, alone or in combination:
a. In all commercial, industrial and multi-family zoning districts: (a) stone, (b)
brick, (c) split -face decorative concrete masonry units, (d) pre-cast decorative
concrete panels composed of exposed aggregate, brick, stucco or other approved
architectural patterned concrete finish, (e) tilt-wall concrete panels composed of
exposed aggregate, brick, stucco or other approved architectural concrete finish, (f)
EIFS reinforced systems; (g) stucco, (h) glass block, and (i) ceramic tile. The
portion of the exterior of a metal building which is clad in a masonry material as
defined herein shall be considered masonry construction for purposes of this Chapter.
• Concrete panels and tilt wall panels composed of smooth or un-textured concrete
finish, and common smooth face CMU blocks shall not be considered masonry
construction for purposes of this Chapter. The area of doors and windows shall not
be included when calculating any percentages of masonry required by this Code.
b. In all single-family and two-family residential zoning districts: (a) brick, (b)
stone, (c) stucco, (d) pre-cast concrete panels with a surface simulating brick, stone
or wood grain, or (e) tilt wall concrete panel with a surface simulating brick, stone
or wood grain. Common smooth face CMU blocks and untextured concrete panels
shall not be considered masonry construction for purposes of this Chapter.
Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is also hereby amended by
the addition of the following definitions:
Solid Screening Fence means a sound structural system of a design consistent with
the specifications contained herein, acceptable to the Landscape Administrator,
complying with all City codes, including any building and zoning codes, and
composed of one of the following: (a) stone, (b) brick, (c) split face decorative
concrete masonry units, provided that the decorative side faces the residential area,
(d) pre-cast decorative concrete panels composed of exposed aggregate, brick, stucco
or other approved architectural patterned concrete finish, or (e) slats of cedar,
• ORDINANCE REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page 3
W:\Richland Hills\ordinance\Masonry revision ordinance.tgs.final.6-12-07.wpd
• redwood, pressure treated fir, or synthetic materials with a wood color and
appearance, and of equal or superior quality, durability, and other properties, as
determined by the zoning administrator, such slats to have a maximum width of each
slat not to exceed six (6) inches and a maximum space between slats of not more
than one-half (%i) inch. If wood is used, all slats must be coated with a natural color
preservative, secured to a lateral steel runner composed of either angle iron or steel
tubing or a wood runner at least one and one-half (1 ''/z) inches by three and one-half
(3 '/z) inches in size composed of the same wood as the slats. Each panel must be
secured to posts composed of galvanized metal posts at least two (2) inches in
diameter, with galvanized metal caps. The posts must be installed at least twenty-
four (24) inches deep and set in concrete. The base of the slates must be at least two
(2) inches above grade and no more than four (4) inches above grade. The fence
maybe double-sided orsingle-sided, but ifsingle-sided, the slats must be placed on
the side facing the residential area.
Stucco means a durable exterior wall finish composed of Portland cement, sand and
lime, which is applied wet over galvanized steel reinforcement to a minimum
thickness offive-eighths of an inch, inconformity with all applicable building codes.
In all other respects, Section 90-4 shall remain unchanged.
SECTION 4.
. AMENDMENT OF SECTION 90-292 OF CHAPTER 90
TO MODIFY SCREENING FENCE REQUIREMENTS
Section 90-292 of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is
hereby amended to provide as follows:
Sec. 90-292. Residential districts.
(a) Screening elements and fences within a residential district shall be restricted
to a maximum height of eight feet, measured from the adjacent grade line, except as
otherwise allowed in this chapter.
(b) Nonresidential uses in a residential district shall be screened from view of an
adjacent residential lot or dwelling use along the side and rear property lines of such
nonresidential use with a decorative solid screening fence, such wall to be of not less
than six (6) feet in height, provided, however, that parking lot screening is to be not
less than three and one-half (3 '/2) feet in height. Such screening requirements shall
not be mandatory for public schools, parks or churches, except where a parking lot,
playground, or other active or intensive use is to be conducted adjacent to a
residential lot or dwelling. Off-street loading areas of a nonresidential use shall also
be screened from the view of any adjacent public and semipublic land use or right-
of-way.
• ORDINANCE REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page 4
W:1Richland Hills\Ordinance\Masonry revision ordinance.tgs.final.6-12-07.wpd
• (c) Where an R-3 or R-4 multi-family or a nonresidential zoning district abuts
an R-1L, R-1 or R-2 single-family ortwo-family residential zoning district, the side
and rear property lines of such multi-family or nonresidential zoning district shall be
screened from view of the adjacent single-family or two-family residential zoning
district with a decorative solid screening fence, such wall to be of not less than six
(6) feet in height, provided, however, that parking lot screening is to be not less than
three and one-half (3 '/z) feet in height.
(d) Garbage, refuse and trash collection storage areas in amulti-family
development or other nonresidential use permitted in a residential district shall be
enclosed on at least three sides by a decorative solid screening fence at least one foot
higher than the height of the garbage, refuse or trash container(s), so as to screen
such area from view of the surrounding properties and public and semipublic land
use or right-of--way.
(e) No decorative solid screening fence or other screening element or fence shall
be erected, placed or planted beyond the front building line in a residential district,
except in compliance with section 90-291.
(f) No screening element shall extend into any required visibility triangle. No
screening element comprised of brick, masonry, or concrete panels shall be erected
or placed in a residential district which would interfere with the installation or
maintenance of any public utility line, service or drainageway within the easements
• reserved therefor. Any screening element or wall required by this section which is
to be comprised entirely of wood may be located in a public easement or right of way
only if the property owner first obtains written permission from the administrative
official based upon a determination by the administrative official that erection of
such wooden screening element or wall will not unreasonably interfere with the
installation or maintenance of any public utility line, roadway, service or
drainageway.
SECTION 5.
AMENDMENT OF SECTION 90-293 OF CHAPTER 90
TO MODIFY SCREENING FENCE REQUIREMENTS
Subsections (a) through (d) of 90-293 of Article IX, Division 4, of Chapter 90 of the
Richland Hills City Code are hereby amended to provide as follows:
(a) Where a use in an industrial zoning district (including I-1 Light Industrial and
I-2 Heavy Industrial), commercial zoning district (including C-1 Restricted
Commercial and C-2 General Commercial), or multi-family zoning district
(including R-3 Multi-Family Residential Low Density and R-4 Multi-Family
Residential High Density), is adjacent to asingle-family or two-family residential
lot, use or district (specifically, R-1L Single-Family Residential Large Lot, R-1
ORDINANCE REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page 5
• W:\Itichland Hills\Ordinance\Masonry revision ordinance.tgs.final.6-12-07.wpd
• Single Family Residential, R-2 Two-Family Residential, or MH Manufactured
Home), the owner of the industrial, commercial or multi-family property shall be
subject to the following regulations:
(1) the owner of the subject property shall construct a decorative solid screening
fence at least six (6) feet in height on the subject property as close to the
property line as is feasible, provided that such screening fence shall be
located outside of any public easement or right of way, so as to not interfere
with the installation or maintenance of any public utility line, roadway,
service or drainageway located within or to be located within such public
easement or right of way. Such fence shall extend the entire length of the
property lines and the sight lines between the subject property and the single-
family ortwo-family residential property, so as to obscure the view from the
single-family or two-family residential property of the subject property.
(2) When the properties are separated by a street or alley, and an automobile
parking lot or parking area is located in the front yard of the subject property,
then the owner of the subject property shall construct a decorative solid
screening fence not less than three and one-half (3 'h) feet in height, on the
subject property as close to the property line as is feasible, provided that such
screening fence shall be located outside of any public easement or right of
way, so as to not interfere with the installation or maintenance of any public
• utility line, roadway, service or drainageway located within or to be located
within such public easement or right of way. Such fence shall extend the
entire length of such automobile parking lot or parking area along the
property lines and the sight lines between the subject property and the single-
family ortwo-family residential property, so as to obscure the view from the
single-family ortwo-family residential property of such automobile parking
lot or parking area the subj ect property (provided such fence shall not extend
into any visibility triangle required by Chapter 48).
(3) Any garbage, refuse and trash collection/storage area, including a waste
collection bin or container, must be surrounded by a solid screening fence
around all sides exposed to view from the surrounding properties and public
and semipublic land use or right-of--way at least one foot higher than the
height of the garbage, refuse or trash container(s).
(b) In all districts where open storage is permitted and the screening thereof is
required, a decorative solid screening fence at least six (6) feet in height shall be
provided around all sides exposed to view from the surrounding properties and
public or semipublic land use or right-of--way.
(c) Off-street loading areas shall be screened from view of any property in a
residential zoning district (specifically, R-1LSfngle-Family Residential Large Lot,
• ORDINANCE REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page 6
W:Utichland Hills\Ordinance\Masonry revision ordinance.tgs.final.6-12-07.wpd
• R-1 Single Family Residential, R-2 Two-Family Residential, R-3 Multi-Family
Residential Low Density and R-4 Multi-Family Residential High Density, or MH
Manufactured Home) by a decorative solid screening fence at least six (6) feet in
height shall be provided around all sides exposed to view from the surrounding
properties and public or semipublic land use or right-of--way.
(d) No screening element shall extend into any required visibility triangle. Any
screening element or wall which is required by this section to be comprised, in whole
or in part, of brick, masonry, concrete, engineered decorative concrete panels, or
other permanent material shall be erected on the nonresidential use property, outside
of any public easement or right of way, so as to not interfere with the installation or
maintenance of any public utility line, roadway, service or drainageway located
within or to be located within such public easement or right of way. Any screening
element or wall required by this section which is to be comprised entirely of wood
maybe located in a public easement or right of way only if the property owner first
obtains written permission from the administrative official based upon a
determination by the administrative official that erection of such wooden screening
element or wall will not unreasonably interfere with the installation or maintenance
of any public utility line, roadway, service or drainageway.
(e) If there is an existing fence in a good state of repair and which meets the
specifications and requirements of this Chapter across the whole or a part of the area
• to be covered by said fence, then the portion of the existing fence that meets the
specifications and requirements of this Chapter may be retained in lieu of a new
fence, provided that the written consent of the residential owner(s) whose property
is adjacent to such portion of the required fence is obtained and filed with the City.
In all other respects, Section 90-293 shall remain unchanged.
SECTION 6.
DELETION OF SECTIONS 90-237 (7), 90-238 (7), 90-239 (3), AND 90-240 (5)
AND RENUMBERING OF REMAINING SUBSECTIONS
Subsections 90-237 (7), 90-238 (7), 90-239 (3), and 90-240 (5) of the Richland Hills City
Code are hereby deleted, and the remaining subsections renumbered accordingly. In all other
respects, Sections 90-237, 90-238, 90-239, and 90-240 shall remain unchanged.
SECTION 7.
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 REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page 7
W:\Richland Hills\OrdinanceVvlasonry revision ordinance.tgs.final.6-12-07.wpd
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 8.
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 9.
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 10.
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 11.
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.
• ORDINANCE REVISING BUFFER WALL REQUIREMENTS AND RELATED AMENDMENTS Page S
W:\Richland Hills\Ordinance\Masonry revision ordinance.tgs.final.6-12-07.wpd
"
"
"
S E C T I O N 1 2 .
P E N A L T Y F O R V I O L A T I O N
A n y p e r s o n , f i r m o r c o r p o r a t i o n w h o v i o l a t e s , d i s o b e y s , o m i t s , n e g l e c t s o r r e f u s e s t o c o m p l y
w i t h o r w h o r e s i s t s t h e e n f o r c e m e n t o f a n y o f t h e p r o v i s i o n s o f t h i s O r d i n a n c e s h a l l b e f i n e d n o m o r e
t h a n T w o T h o u s a n d D o l l a r s a n d n o c e n t s ( $ 2 , 0 0 0 . 0 0 ) f o r e a c h v i o l a t i o n o f t h i s O r d i n a n c e . E a c h
d a y t h a t a v i o l a t i o n i s p e r m i t t e d t o e x i s t s h a l l c o n s t i t u t e a s e p a r a t e o f f e n s e .
S E C T I O N 1 3 .
E F F E C T I V E D A T E
T h i s o r d i n a n c e s h a l l b e i n f u l l f o r c e a n d e f f e c t f r o m a n d a f t e r i t s p a s s a g e a n d p u b l i c a t i o n a s
r e q u i r e d b y l a w , a n d i t i s s o o r d a i n e d .
P A S S E D A N D A P P R O V E D O N T H I S A P D A Y O F J , 2 0 0 7 .
C I : V W
H O N O R A B L E D A V I D L ' A G A N , M A Y O R
A T T E S T :
T ��N D A C A N T U , C I T Y S E C R E T A R Y
E F F E C T I V E D A T E :
A P P R " V E D
F O R M A N D L E G A L I T Y :
T I M G . S R A L L A , C I T Y A T T O R N E Y
O R D I N A N C E R E V I S I N G B U F F E R W A L L R E Q U I R E M E N T S A N D R E L A T E D A M E N D M E N T S P a g e 9
W : \ R i c h l a n d H i l l s \ O r d i n a n c e \ M a s o n r y r e v i s i o n o r d i n a n c e . t g s . f i n a l . 6 - 1 2 - 0 7 . w p d