HomeMy Public PortalAboutOrdinance No. 1113-08 04-08-2008 1113-08
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 90-201 OF THE ZONING CODE TO PERMIT ALL
RESTAURANT USES WITHIN FIFTY-FIVE FEET OF RESIDENTIAL j
PROPERTY BY DELETING THE SPECIAL CONDITION CONTAINING
SUCH PROHIBITION FROM THE LAND USE TABLE CONTAINED IN
SECTION 90-201 FOR ALL SUCH USES AFFECTED; 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 previously enacted a regulation creating a special condition requiring
restaurant uses to be separated from residential property byeither athree-lane road or fifty-five feet,
whichever is greater; and
WHEREAS, the City Council has now determined that such regulation is imprudent, in that
it significantly impairs development opportunities within the City, and is unnecessary for the
protection of residential property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF THE LAND USE TABLE CONTAINED IN SECTION 90-201
The City of Richland Hills Land Use Table contained in Section 90-201 of Chapter 90 of the
City Code is hereby amended by the deletion as to all restaurant uses, including "Restaurant," and
"Restaurant with Alcohol," of all references to special condition "bb" which provides as follows:
Property must be separated from residential property by a three lane road orfifty-five
(55) feet, whichever is greater.
It is the intent of the City Council that henceforth no restaurant use shall be subject to the above-
referenced special condition.
All other special conditions and other provisions of Section 90-201 hall remain unchanged
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SECTION 2.
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 j
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 3.
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 4.
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 5.
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 6.
PUBLICATION IN BOOK OR PAMPHLET FORM
I
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.
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SECTION 7.
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 j
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 8.
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 , 2008.
THE HONORABLE VID L. RAGAN, MAYOR
i
ATTEST:
DA CANTU, CITY SECRETARY
EFFECTIVE DAT
APP OVED AS TO A LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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