HomeMy Public PortalAboutOrdinance No. 1100-07 01-23-2007 i
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1100-07
CITY OF RICHLAND HILLS ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF RICHLAND HILLS, BY CHANGING THE ZONING OF CERTAIN
PROPERTIES TO C-3 MULTI-STORY GENERAL COMMERCIAL;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP
TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Ciry of Richland Hills is a home rule city acting under its charter adopted ~i
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the 'i
Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted ~
a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a comprehensive
zoning 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 and
map for the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and
WHEREAS, a change in the zoning of the properties identified herein was deemed
appropriate by the City Council; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on the 22nd day of January, 2007, and by the City Council of the City on the 23rd day of
January, 2007, with respect to the use changes described herein; and
WHEREAS, all requirements of law dealing with notice to property owners, publication and
all procedural requirements have been complied with in accordance with the comprehensive zoning
ordinance and Chapter 211 of the Local Government Code; and
WHEREAS, the City Council of the City does hereby deem it advisable and in the public
interest to amend Chapter 90 of the Ciry Code, as amended, as described herein; j
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ~
OF RICHLAND HILLS, TEXAS:
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SECTION 1. I'I
PROPERTY RE-ZONED
Chapter 90, as amended, is hereby amended so that the zoning of the hereinafter described
areas shall be altered, changed and amended as shown and described below:
Tract CR of the Jordan Addition;
Tracts 2B, 2C, 2E, SBO1, SBOIA, and SB1B, of the Hamilton Bennett Survey, ~I
Abstract 138; and
Block 7 of the Midway Place Addition.
SECTION 2. ~I
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
The zoning districts, boundaries and uses as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and
general welfare of the community. They have been designed to lessen congestion in the streets, to
secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation, water, sewerage, parks and other public requirements. They have been
made after a full and complete hearing with reasonable consideration among other things of the
character of the district and its peculiar suitability for the particular uses and with a view of
conserving the value of the buildings and encouraging the most appropriate use of land throughout
the community.
SECTION 3.
DIRECTION TO AMEND OFFICIAL ZONING MAP
The City Secretary is hereby directed to amend the official zoning map to reflect the changes
in zoning district as approved herein.
SECTION 4.
PROPERTY SUBJECT TO ZONING ORDINANCE
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent
ordinances of the City of Richland Hills, Texas, for the zoning district into which they have been
assigned.
SECTION 5.
ORDINANCE CUMULATIVE
ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 2
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This Ordinance shall be cumulative of all other Ordinances of the City of Richland Hills l
affecting zoning and land use, as amended, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct conflict with ~I
the provisions of this ordinance.
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SECTION 6.
PENALTY
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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 not ~
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. In addition, 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 maybe subjected to such civil penalties as authorized by law.
SECTION 7. I~!
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights or remedies of the City are expressly saved as to any and all violations of Chapter
90, as amended, or any other ordinance affecting zoning and land use that 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, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the Courts.
SECTION 8.
SEVERABILITY
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.
PUBLICATION
The City Secretary is hereby directed to publish in the official newspaper of the City the I,
caption, penalty clause, publication clause, and effective date clause of t~iis ordinance as required
by law.
SECTION 10.
ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 3
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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.
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HONORABLE DAVID L. ~ GAN, MAYOR
ATTEST:
NDA CANTU, CITY SECRETARY ?~0.: X
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EFFECTIVE: ~
APPROVED S T FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 4
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