HomeMy Public PortalAboutOrdinance No. 1146-09 07-14-2009 CITY OF RICHLAND HILLS ORDINANCE NO. 1146-09
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 "FARMERS'
MARKET" USE IN THE C-1 RESTRICTED COMMERCIAL, C-2 GENERAL
COMMERCIAL, I-1 LIGHT INDUSTRIAL, AND I-2 HEAVY INDUSTRIAL
ZONING DISTRICTS WITH A SPECIAL USE PERMIT, 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
"Farmers' Market" land use; and
WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that
a new definition be added to Chapter 90 defining a "Farmers' Market" use, and has also
recommended that such use be permitted in the C-1 Restricted Commercial, C-2 General
Commercial, I-1 Light Industrial, and I-2 Heavy Industrial zoning districts with a special use permit,
but not otherwise; 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:
SECTION 1.
AMENDMENT OF SECTION 90-4(b) TO ADD DEFINITION OF
"FARMERS' MARKET"
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:
Farmers 'Market means a common facility or area where several farmers or growers
gather on a regular or recurring basis to sell a variety of fresh fruits, vegetables,
and/or other non-animal produce grown on such farmers' or growers' farms.
The remainder of Section 90-4 shall remain unchanged.
SECTION 2.
AMENDMENT OF LAND USE TABLE TO PERMIT A FARMERS' MARKET 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 "Farmers'
Market" under the "COMMERCIAL, RETAIL AND SERVICE USES" category, and insertion of
"S" in the C-1 Restricted Commercial, C-2 General Commercial, I-1 Light Industrial, and I-2 Heavy
Industrial zoning district columns of such new row; so as to indicate that a "Farmers' Market" use
shall be permitted only in the C-1 Restricted Commercial, C-2 General Commercial, I-1 Light
Industrial, and I-2 Heavy Industrial zoning districts, and only with s Special Use Permit.
The above-referenced changes to the Land Use Table should appear as follows:
Land Use Designation Nonresidential Special
Desi anon Conditions
COMMERCIAL, RETAIL AND SERVICE USE
R-1 L R-1 R-2 R-3 R-4 MH C-1 C-2 C-3 I-1 I-2
Farmers' Market S S S S
The remainder of Section 90-201 shall remain unchanged, except as provided in elsewhere in this
ordinance.
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
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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 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 maybe 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 each violation of this Ordinance. Each day
that a violation is permitted to exist shall constitute a separate offense.
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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.
PASSED AND APPROVED ON THIS 14th DAY OF July , 2009.
E HONORABLE DAVID . RAGAN, MAYOR
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APPROVED A O ORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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