HomeMy Public PortalAboutOrdinance No. 1132-08 12-09-2008 1132-08
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, AMENDING THE DEFINITION OF "BOARDINGHOUSE
OR LODGINGHOUSE; " "CRIMINAL OFFENDER RESIDENTIAL
FACILITY" AND PROVIDING THAT THE OPERATION OF A
CRIMINAL OFFENDER RESIDENTIAL FACILITY USE IS NOT
PERMITTED IN ANY ZONING DISTRICT; 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 requires that compensation be exchanged between a
property owner and an occupant of a Boardinghouse or Lodginghouse;
WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that
the definition of Boardinghouse or Lodginghouse be amended to remove the compensation
requirement before the use of a dwelling will be considered to be as a Boardinghouse or
Lodginghouse; and
WHEREAS, the zoning ordinance currently does not define a Criminal Offender
Residential Facility use; and
WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that
a new definition be added to Chapter 90 defining a Criminal Offender Residential Facility use,
and has also recommended revising the land use table to provide that a Criminal Residential
Facility is not permitted in any zoning district; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1)
AMENDMENT OF SECTION 90-4(b) TO AMEND THE DEFINITION OF
"BOARDINGHOUSE OR LODGINGHOUSE"
Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby
amended by amending the following definition:
Boardinghouse or Lodginghouse means a dwelling wherein housing and/or meals
is provided for three or more unrelated persons, but not including a building in
which ten or more guestrooms are provided.
In all other respects, Section 90-4(b) shall remain unchanged, except as provided otherwise in this
ordinance.
SECTION 2)
AMENDMENT OF SECTION 90-4(b) TO ADD DEFINITION OF
"CRIMINAL OFFENDER RESIDENTIAL FACILITY"
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:
Criminal Offender Residential Facility means a dwelling used, in whole or in part,
for the housing, rehabilitation, and/or training of persons on probation, parole, or
early release from correctional institutions, or other persons found guilty of
criminal offenses.
In all other respects, Section 90-4(b) shall remain unchanged, except as provided otherwise in this
ordinance.
SECTION 3)
AMENDMENT OF LAND USE TABLE TO PROHIBIT
CRIMINAL OFFENDER RESIDENTIAL FACILITY 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 "Criminal
Offender Residential Facility" under the "RESIDENTIAL USES" category, insertion of no P or S
in the residential zoning district columns of such new row; so as to provide that a "Criminal
Offender Residential Facility" use shall not be permitted in any zoning district.
The above-referenced changes to the Land Use Table should appear as follows:
Land Use Designation Nonresidential Special
Designation Conditions
ORDINANCE ~ Page 2
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RESIDENTIAL USES
R-1 R- R- R- R- MH C- C- 1- 1-
L 1 2 3 4 1 2 1 2
Criminal Offender
Residential Facility
The remainder of Section 90-201 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 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 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 ~
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.
ORDINANCE _ Page 3
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SECTION S)
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 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 9th DAY OF December , 2008.
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E HONORABLE DA L. RAGAN, MAYOR
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EFFECTIVE DATE: . ~ .
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ORDINANCE _ Page 4
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APPROVED A FO AND LEGALITY:
TIM G. SRALLA, CITY A ORNEY
ORDINANCE ~ Page 5
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