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Home My Public Portal AboutOrdinance No. 1090-07 08-14-2007 • 1090-07 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-4(b) AND THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO DEFINE AND PERMIT OPERATION OFSECOND-HAND RETAIL STORES IN THE C-2 GENERAL COMMERCIAL DISTRICT WITH A SPECIFIC 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, the Richland Hills Planning and Zoning Commission has recommended that a new definition be added to Chapter 90 defining "Second-Hand Retail Store" uses, and has also recommended that such uses be permitted in the C-2 General Commercial zoning classification; and WHEREAS, the City Council has determined that such use is consistent with the City's Land • Use Plan; and WHEREAS, the City Council has now determined, by more than athree-fourths vote that such use is consistent with the City's Land Use Plan; and that such definition should be added and such use permitted, as recommended by the Planning and Zoning Commission, provided that NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 ADDING DEFINITION OF SECOND-HAND RETAIL STORE Section 90-4(b) of Article I of Chapter 90 ofthe Richland Hills City Code is hereby amended by the addition of the following definition: Second-hand retail store means a commercial establishment offering for sale to the public items previously sold in the retail market to consumers and either sold to the operator of the establishment or offered by the operator on a consignment basis, including clothes, antiques, appliances, home furnishings and utensils, and general merchandise, excluding automobiles, boats, and other vehicles. • SECTION 2. AMENDMENT OF LAND USE TABLE TO PERMIT RETAIL TIRE STORE USES The Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills Ciry Code is hereby amended by the insertion of a new row entitled "Second-hand retail store" under the "COMMERCIAL, RETAIL, AND SERVICE USES" category, insertion of "P" in the C-2 General Commercial zoning district column of said new row, and insertion of "f, k, kk" in the Special Conditions column of said new row, so as to indicate that a "Second-hand retail store" use shall be allowed only in the C-2 General Commercial zoning district, provided that it must meet special condition "f," which provides that "all businesses, servicing or processing shall be conducted within completely enclosed buildings, except for temporary off-street loading, while using the business or service"; special condition "k," which provides all storage shall be located within completely enclosed buildings or effectively screened in accordance with sections 90-292 and 90-293, and that no storage that is located within 50 feet of such screening shall exceed the height of such screening; and special condition "kk," which provides that no outside display of merchandise, outside storage of merchandise, supplies, parts, equipment or accessories, or provision of services shall be permitted. 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 • ORDINANCE ADDING SECOND-HAND RETAIL STORE AS A PERMITTED USE IN C-2 WITH CONDITIONS Page Z W:\Richland Hills\Ordinance\Second-Hand Retail Store Use addition ordinance.7.31.07.tgs.wpd • or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 each violation 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. PASSED AND APPROVED ON THIS AY OF , 2007. E HONORABLE D ID L. RAGAN, MAYOR ATT T: INDA CANTU, CITY SECRETARY • ORDINANCE ADDING SECOND-HAND RETAIL STORE AS A PERMITTED USE IN C-2 WITH CONDITIONS Page 3 W:\Richland Hills\Ordinance\Second-Hand Retail Store Use addition ordinance.7.31.07.tgs.wpd • EFFECTIVE DATE: 1 ~•.00 APPROVE AS O RM LEGALITY: ~ / t TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE ADDING SECOND-HAND RETAIL STORE AS A PERMITTED USE IN C-2 WITH CONDITIONS Page 4 W:\Richland Hills\Ordinance\Second-Hand Retail Store Use addition ordinance.7.31.07.tgs.wpd