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Home My Public Portal AboutOrdinance No. 1103-07 12-11-2007 1103-07 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CERTAIN DEFINITIONS CONTAINED IN SECTION 90-4(b), AMENDING SECTION 90-181, AND AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE, TO CLARIFY THE REGULATIONS AND PERMIT THE LIMITED EXPANSION OF CERTAIN NON-CONFORMING UTILITY USES; 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 permit expansion ofnon-conforming uses; and WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that owners of certain utility related non-conforming uses be permitted to expand such uses by limited amounts in order to permit updating of obsolete equipment in order to better serve the public and protect the public safety, and to revise the definitions and regulations related to certain utility uses to remove ambiguities and provide more flexibility with regard to the permitting of such utility uses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION L AMENDMENT OF SECTION 90-4(b) TO AMEND DEFINITIONS OF "PUBLIC UTILITIES," "UTILITY BUILDINGS AND STRUCTURES" Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the amendment of the following definitions: Public utility means a closely regulated franchised utility enterprise providing a utility service to the public deemed necessary for the public health, safety and welfare. Utility building and structures means operations of the City, other governmental entities, and franchised public utilities designed to provide the public with necessary public utility services, such as water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as water pumping stations and lift stations, but excluding electrical generating stations, electrical substations, electrical transmission lines, all types of antenna, lattice towers, and monopoles, and also excluding equipment ancillary to such excluded uses. The remainder of Section 90-4 shall remain unchanged. SECTION 2. AMENDMENT OF SECTION 90-181 TO PERMIT ENLARGEMENT OF CAPACITY OF NON-CONFORMING UTILITY USES Section 90-181 of Article VI Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Section 90-181. Intent. (a) Categories of nonconformities. Within the zoning districts established by this chapter, or amendments that may later be adopted, there exist: (1) Lots and uses of land; or (2) Buildings and structures; or (3) Uses of land and buildings in combination; the characteristics ofwhich such lots, buildings, structures or uses were lawful before the ordinance from which this chapter is derived was passed and amended, but which would currently be prohibited, regulated or restricted under the terms of this chapter, it is the intent of this chapter to permit such non-conformities to continue until their normal expected useful life is exhausted or amortized, or until they are removed, whichever is earlier. It is further the intent of this chapter that such non-conformities shall not be renovated, enlarged upon, expanded or extended, nor be used as grounds for adding other buildings and structures or uses prohibited elsewhere in the same district, except as expressly authorized otherwise by this Chapter. (b) Incompatibility. Nonconforming uses are declared by this article to be incompatible with permitted uses in the zoning districts involved. A nonconforming use of a building or structure, or land, or buildings and land in combination, shall not be renovated, extended or enlarged after passage of the ordinance from which this chapter is derived by enlargement, attachment on a building or premises or additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the zoning district involved, except ORDINANCE UTILITY USE AMENDMENT TO PERMIT ENLARGEMENT OF NON-CONFORMING UTILITY USE Page 2 W:\Richland Hills\Ordinance\Utility use amendment to permit enlargement ofnon-conforming utility use.tgs.l 1-30-07.wpd as expressly authorized otherwise by this Chapter. (c) Legal nonconformity. To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived, and upon which actual building construction has been carried on diligently. The term "actual construction" is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. (d) Notwithstanding the foregoing, buildings, equipment enclosures, and cabinets associated with electrical substations which constitute non-conforming uses but which are in existence as of November 1, 2007 and buildings, equipment enclosures, and cabinets associated with antennae which constitute non-conforming uses but which are in existence as of November 1, 2007, may be expanded in size by a maximum of twenty-five percent above the size as exists as of November 1, 2007, including through the addition of new buildings, equipment enclosures, cabinets, or structures, for the purposes of expanding capacity or modernizing equipment, provided that the size of the lot or tract upon which such uses are located may not be expanded, unless such use is made a conforming use as provided in this Chapter. SECTION 3. AMENDMENT OF LAND USE TABLE REGARDING UTILITY BUILDING AND STRUCTURE AND WATER PUMPING STATION USES IN ALL DISTRICTS 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: (1) the insertion of a new row entitled "Water Pumping Station" uses under the "PUBLIC, CIVIC AND UTILITY USES" category; (2) moving the existing row entitled "Utility Building and Structure" from ACCESSORY USES" category to the "PUBLIC, CIVIC AND UTILITY USES" category; and (3) insertion of"P" in all zoning district columns of such new rows; and the Special Conditions column of such new row shall reference special condition "o"; so as to indicate that "Utility Building and Structure" and "Water Pumping Station" uses shall be permitted in all zoning districts, provided that such use must meet the special conditions referenced in this section. The above-referenced changes to the Land Use Table should appear as follows: Land Use Residential Nonresidential Special Desi nation Conditions PUBLIC, CIVIC AND UTILITY USES R-1L R-I R-2 R-3 R-4 MH C-1 C-2 C-3 1-1 1- ORDINANCE UTILITY USE AMENDMENT TO PERMIT ENLARGEMENT OFNON-CONFORMING UTILITY USE Page 3 W:\Richland Hills\Ordinance\Utility use amendment to permit enlargement ofnon-conforming utility use.tgs.l 1-30-07.wpd z Utility Building and P P P P P P P P P P P o Structure Water Pumping P P P P P P P P P P P o Station The remainder of Section 90-201 shall remain unchanged, except as provided in elsewhere in this ordinance. SECTION 4. AMENDMENT OF LAND USE TABLE TO PERMIT ELECTRICAL SUBSTATION USES IN ALL DISTRICTS WITH AN SUP The Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills City Code is also hereby amended by the amendment of the existing row entitled "Electrical Substation" use under the "PUBLIC, CIVIC AND UTILITY USES" category, insertion of "S" in all zoning district columns of such row; and the Special Conditions column of such new row shall reference special conditions "b, o"; so as to indicate that "Utility Building and Structure" and "Water Pumping Station" uses shall be permitted in all zoning districts, provided that such use must meet the special conditions referenced in this section. The above-referenced changes to the Land Use Table should appear as follows: Land Use Residential Nonresidential Special Desi anon Conditions PUBLIC, CIVIC AND UTILITY USES R-1L R-1 R-2 R-3 R-4 MH C-1 C-2 C-3 1-1 1-2 Electrical Substation S S S S S S S S S P P b o The remainder of Section 90-201 shall remain unchanged, except as provided in elsewhere in this ordinance. SECTION 5. 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 indirect 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 6. 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 ORDINANCE UTILITY USE AMENDMENT TO PERMIT ENLARGEMENT OFNON-CONFORMING UTILITY USE Page 4 W:\Richland Hills\OrdinancelUtility use amendment to permit enlargement ofnon-conforming utility use.tgs.l 1-30-07.wpd 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 7. 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 8. 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 9. 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 10. 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 11. 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 UTILITY USE AMENDMENT TO PERMIT ENLARGEMENT OF NON-CONFORMING UTILITY USE Page 5 W:\Itichland Hills\OrdinancelUtility use amendment to permit enlargement ofnon-conforming utility use.tgs.l 1-30-07.wpd PASSED AND APPROVED ON THIS l l k ~ DAY OF , 2007. HE HONORABLE VID L. RAGAN, MAYOR ATTEST: INDA CANTU, CITY SECRETARY .~h I EFFECTIVE DATE: = ~ Gs APPROVED AS TO FORM AND LEGALITY: rrrruiiiiii~~~~ n ,CITY ATTORNEY C• ~tc.~S ORDINANCE UTILITY USE AMENDMENT TO PERMIT ENLARGEMENT OF NON-CONFORMING UTILITY USE Page 6 W:\Richland Hills\Ordinance\Utility use amendment to permit enlargement ofnon-conforming utility use.tgs.l 1-30-07.wpd