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Home My Public Portal AboutOrdinance No. 1104-08 01-08-2008 1104-08 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-4(b), THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE, AND SECTION 202, TO DEFINE AND PERMIT OPERATION OF A PAINTBALL ARENA USE IN THE C-2 ZONING DISTRICTS WITH A SPECIAL USE PERMIT AND SUBJECT TO CERTAIN SPECIAL CONDITIONS; 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 define or permit operation of a "Paintball Arena" use; and WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that a new definition be added to Chapter 90 defining a "Paintball Arena," and has also recommended that such use be permitted in the C-2 zoning district with a special use permit, but not otherwise, and provided that the special conditions set forth herein are met; and WHEREAS, the Richland Hills Planning and Zoning Commission has determined that permitting such use as described is consistent with the City's Land Use Plan; and WHEREAS, the Richland Hills Planning and Zoning Commission has also recommended that such uses not be permitted in any other zoning district; and WHEREAS, the City Council has also determined that the definition for such uses described herein should be added and such use permitted on the terms recommended by the Planning and Zoning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I 1 SECTION 1. AMENDMENT OF SECTION 90-4(b) TO ADD DEFINITION OF "PAINTBALL ARENA USE" Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following definition: Paintball arena means a commercial enterprise offering an enclosed, indoor area for the conduct of paintball games, the sales of paintball guns, paintball ammunition, protective gear, and related equipment and supplies. Such a use may offer sales of food and non- alcoholic drinks as an ancillary use. Such a use does not allow any type of game involving plastic BB pellets. The remainder of Section 90-4 shall remain unchanged. SECTION 2. AMENDMENT OF LAND USE TABLE TO PERMIT PAINTBALL SALES AND RECREATIONAL USE 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 the insertion of a new row entitled "Paintball Sales and Recreational Use" under the "RECREATIONAL USES" category, "[S]" in the C-2 zoning district columns of such new row; and the Special Conditions column of such new row shall reference the special conditions mentioned below; so as to indicate that a "Paintball arena" use shall be permitted only in the C-2 zoning district with a special use permit only, and provided that such use must meet the following special conditions: 1. A paintball arena shall only be allowed in an enclosed, indoor area. No outdoor paintball arenas shall be permitted in the City of Richland Hills. 2. Any applicant for a special use permit must provide adequate insurance for the paintball arena facilities. The determination as to an adequate amount of insurance will be made as part of the consideration of a special use permit. The determination of whether a special use permit will be granted may also be based, but not limited, on the following conditions: 1. Hours of operation; 2. Ability to obtain adequate insurance and compliance with standards required by insurer; 3. Proper safety restrictions; 4. Age restrictions; ORDINANCE CREATING AND AUTHORIZING PAINTBALL ARENA Page 2 W:\I2ichland Hilis\Ordinance\Paintball sales and recreational use.1.8.08.ccfwpd 5. Certification requirements for personnel working with compressed air and carbon dioxide tanks; and 6. Certification requirements for personnel working in other aspects of the paintball area including referees, judges, and operators. The above-referenced changes to the Land Use Table should appear as follows: Land Use Designation Designation Nonresidential Special Conditions RECREATIONAL USE R- R- R- R- R- M C- C-2 C-3 I-1 1-2 IL 1 2 3 4 H 1 PAINTBALL ARENA [S] oo, pp, qq The remainder of Section 90-201 shall remain unchanged, except as provided in elsewhere in this ordinance. SECTION 3. AMENDMENT OF SECTION 90-202 TO ADD NEW SPECIAL CONDITIONS Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following paragraphs: oo. A paintball arena shall only be allowed in an enclosed, indoor area. No outdoor paintball arenas shall be permitted in the City of Richland Hills. pp. Any applicant for a special use permit must provide adequate insurance for the paintball arena facilities. The determination as to an adequate amount of insurance will be made as part of the consideration of a special use permit. qq. The determination of whether a special use permit will be granted will also be based, but not limited, on the following conditions: qq-1 Hours of operation; qq-2 Ability to obtain adequate insurance and compliance with standards required by insurer; qq-3 Proper safety restrictions; qq-4 Age restrictions; qq-5 Certification requirements for personnel working with compressed air and carbon dioxide tanks; and ORDINANCE CREATING AND AUTHORIZING PAINTBALL ARENA Page 3 W:\]tichland Hills\OrdinanceU'aintball sales and recreational use.1.8.08.ccfwpd qq-6 Certification requirements for personnel working as referees, judges, and operators. The remainder of Section 90-202 shall remain unchanged, except as provided in elsewhere in this ordinance. SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 ORDINANCE CREATING AND AUTHORIZING PAINTBALL ARENA Page 4 W:\Richland Hills\Ordinance\Paintball sales and recreational use.1.8.08.cc£wpd i 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 9. 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 10. 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 y~DAY OF , 2008. HONORABLE DAVID L. GAN, MAYOR ATTEST: \~lll l n u n u u l uii~~~ ,~`c~~,p:ND y~l~~, o ~ INDA CANTU, CITY SECRETARY = v ~ y= EFFECTIVE DATE: O d-~ ~ O llllllllll APPROVED AS TO FORM AND LEGALITY: CIT TTORNEY ORDINANCE CREATING AND AUTHORIZING PAINTBALL ARENA Page 5 W:\Richland Hills\Ordinance\Paintball sales and recreational use.1.8.08.ccfwpd