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Home My Public Portal AboutOrdinance No. 1133-08 12-09-2008 1133-08 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS ADDING A DEFINITION OF "PRIVATE SCHOOL" IN SECTION 90-4(b) OF THE RICHLAND HILLS CITY CODE; DELETING THE DEFINITIONS AND REFERENCES IN THE LAND USE TABLE CONTAINED IN SECTION 90-201 FOR "NURSERY SCHOOL" AND "PRIMARY OR SECONDARY SCHOOL"; AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201 TO PROVIDE THAT "HOME DAY SCHOOL" AND "PUBLIC SCHOOL" USES ARE PERMITTED IN ALL ZONING DISTRICTS EXCEPT C-3 MULTI-STORY COMMERCIAL, AND THAT "PRIVATE SCHOOL" USES ARE PERMITTED IN RESIDENTIAL ZONING DISTRICTS WITH A SPECIAL USE PERMIT AND IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS (EXCEPT C-3 MULTI-STORY COMMERCIAL); 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 regulates "Primary or Secondary School" uses but does not define such use, defines a "Public School" land use but does not regulate it, and neither defines nor regulates a "Private School" land use; and WHEREAS, the Planning and Zoning Commission and City Council now believe that it is in the public interest to do so to provide for the different aspects of use and legal ability of the City to regulate public and private school uses; and WHEREAS, the Richland Hills Planning and Zoning Commission and the City Council have determined that given the existence of a "Child Day Care Center" use, the "Nursery School" use is redundant, unnecessary and confusing, and should be deleted: and WHEREAS, the Richland Hills Planning and Zoning Commission and the City Council have determined that certain specific land uses listed in the Educational Uses category of the land use table should be revised as provided herein; and WHEREAS, the City Council has determined that such amendments are consistent with the City's Land Use Plan and in the best interests of the City and its citizens; 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 ADD DEFINITIONS OF "PRIVATE SCHOOL" AND "PUBLIC SCHOOL" AND DELETE DEFINITION FOR "NURSERY SCHOOL" Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the amendment of the following definitions, which shall henceforth provide as follows: School, Private means an enterprise offering a curriculum for elementary or secondary schools operated by a commercial, private non-profit, or community organization or entity, licensed, accredited or approved by the state, not including trade or commercial schools, playfields or public stadiums, and including an enterprise offering tutorial instruction to assist students with a curriculum established by a licensed, accredited or approved public or private elementary or secondary school, with or without ancillary sales of educational material and or study aids applicable to such purposes. School, Public means an enterprise offering a curriculum for elementary or secondary schools operated by a public agency or entity, licensed, accredited or approved by the state, not including trade or commercial schools, playfields or public stadiums. Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby also amended by the deletion of the definition for "Nursery School" (referenced therein as "School, Nursery"). In all other respects, Section 90-4 shall remain unchanged. SECTION 2) AMENDMENT OF EDUCATIONAL USE CATEGORY OF LAND USE TABLE The "EDUCATIONAL USES" category of the Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended as follows: 1. The rows entitled "School, Nursery" and "School, Primary or Secondary" are hereby deleted, removing such land uses from the list of permitted land uses; 2. The row entitled "School, Home Day" is hereby amended to provide "P" in all zoning districts except the C-3 Multi-story Commercial zoning district; 3. A row entitled "School, Private" is hereby added and shall provide as follows: a. an "S" in the R-1L Large Lot Single-Family Residential zoning district, the R-1 Single-Family Residential zoning district, the R-2 Two-family Residential zoning district, the R-3 Medium Density Multi-family Residential Residential zoning district, and the R-4 High Density Multi-family Residential zoning district, so as to indicate that such use shall be permitted in such zoning districts only with a Special Use Permit; b. a "P" in the C-1 Restricted Commercial zoning district, the C-2 General Commercial zoning district, the I-1 Light Industrial zoning district, and the I-2 Heavy Industrial zoning district; so as to indicate that such use shall be permitted in such zoning districts; and c. a blank in the C-3 Multi-story Commercial zoning district; so as to indicate that such use shall not be permitted in such zoning district. Such row shall reference Special Condition "o", indicating that all outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential use; 4. A row entitled "School, Public" is hereby added and shall provide as follows: a. a "P" in all zoning districts except the C-3 Multi-story Commercial zoning district; so as to indicate that such use shall be permitted in all zoning districts except the C-3 Multi-story Commercial zoning district; and c. a blank in the C-3 Multi-story Commercial zoning district; so as to indicate that such use shall not be permitted in such zoning district. Such row shall reference Special Condition "o", indicating that all outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential use; In all other respects, Section 90-201 shall remain unchanged. ORDINANCE REVISION EDUCATIONAL USES Page 3 C:\DOCUMENTS AND SETTINGS\LKENNEDY\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\06U25KFK\EDUCATIONAL USES REVISION ORDINANCE TGS 11 22 08.WPD Following the above-referenced changes the "EDUCATIONAL USES" category of the Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills City Code should appear as follows: Land Use Resignation Nonresidential Special Desi nation Conditions EDUCATIONAL USES R-1 R- R- R- R- M C- C- C- 1- 1-2 L 1 2 3 4 H 1 2 3 1 School, Business P P P P a, o College School college or P P P a,o University School, Commercial P P P p o Instruction School Commercial P P P a,o Trade School, Home P P P P P P P P P P School, Home Day S S S S S S P P P P b School, Institutions, P P P P o Rehabilitation and Training Center School, Primary or S S S S S S P P P P o Secondary School, Private S S S S S P P P P o School, Public P P P P P P P P P P o School, Vocational P P P P a, o In all other respects, the Land Use Table contained in Section 90-201 shall remain unchanged. SECTION 3) 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 4) 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 ORDINANCE REVISION EDUCATIONAL USES Page 4 C:\DOCUMENTS AND SETTINGS\LKENNEDY\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\06U25KFK\EDUCATIONAL USES REVISION ORDINANCE TGS 11 22 08.WPD 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 5) 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 6) 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 7) 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 8) 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 all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9) 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 REVISION EDUCATIONAL USES Page 5 C:\DOCUMENTS AND SETTINGS\LKENNEDYU,OCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\06U25KFK\EDUCATIONAL USES REVISION ORDINANCE TGS 11 22 08. WPD PASSED AND APPROVED ON THIS 9th DAY OF December , 2008. ATTEST: ONORA : LE DAVID /. RAGAN, MAYOR INDA CANTU, CITY SECRETARY EFFECTIVE DATE: December 9, 2008 APPROVE P AS TO FORM AND LEGALITY: • i TIM G. SRALLA, CITY ATTO EY ORDINANCE REVISION EDUCATIONAL USES Page 6 C:\DOCUMENTS AND SETTINGS\LKENNEDY\LOCAL SETTINGS\TEMPORARY INTERNET FILES \CONTENT.OUTLOOK\06U25KFK\EDUCATIONAL USES REVISION ORDINANCE TGS 1122 08.WPD