HomeMy Public PortalAboutOrdinance No. 1189-09 11-30-2009 CITY OF RICHLAND HILLS ORDINANCE NO. 1189-09
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF RICHLAND HILLS, BY CREATING A NEW ZONING DISTRICT,
SPECIFICALLY, THE "MCU" OR MUNICIPAL COMPLEX USE ZONING
DISTRICT, ESTABLISHING THE PERMITTED USES IN SUCH DISTRICT
AND THE REGULATIONS GOVERNING SUCH DISTRICT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted
a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a comprehensive
zoning map, regulating the location and use of buildings, other structures and land for business,
industrial, residential or other purposes, and providing for a method to amend said ordinance and
map for the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and
WHEREAS, given the limited geographic size of the City, the provision of needed
municipal services to the citizens of the City sometimes require placing municipal facilities in areas
close to other uses which might otherwise not be most compatible; and
WHEREAS, a wide variety of considerations govern the location of municipal facilities, and
zoning such uses requires consideration of the unique considerations that affect such location, and
the historical development of the City; and
WHEREAS, the City Council wishes to establish a new zoning district to specifically
address and encompass municipal complex uses as defined herein, and to establish permitted uses
and regulations for such district, in order to encourage orderly development;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 90-4 TO ADD DEFINITION
OF MUNICIPAL COMPLEX USE
The use portion of Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City
Code, as amended, is hereby amended by the addition of the following definition:
Municipal Complex Use means facilities operated by the City of Richland Hills,
excluding parks.
The remainder of Section 90-4(b) shall remain unchanged.
SECTION 2.
ADDITION OF SECTION 90-243 TO CREATE NEW
"MCU" MUNICIPAL COMPLEX USE ZONING DISTRICT
A new Section 90-243 of Division 2 of Article VIII of Chapter 90 of the City Code, as
amended, is added to provide as follows:
Sec. 90-243. MCU Municipal Complex Use
The MCU municipal complex use district is established to accommodate City of
Richland Hills facilities and functions.
(1) Permitted uses. Uses permitted in the MCU district shall be Municipal Complex
Uses, as defined in this Chapter.
(2) Area, yard, height and lot size and coverage. The requirements regulating the
minimum lot size, minimum yard sizes (front, side and rear), maximum building
height (stories and feet) and maximum percent of lot coverage by buildings, as
pertains to the MCU district, shall conform with the provisions provided in the
following table:
Hei ht and Area Re uirements o MCU Zonin District
Maximum Height None
Side Yard None
Rear Yard None
Front Yard None
Lot Size None
Buildin Size None
Mason None
Lot Fronta e None
Lot De th None
Lot Covera e None
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(3) Site plan review. Structures in the MCU district in excess of two stories will
require site plan approval.
(4) Outside storage. Outside storage shall be permitted in the MCU district.
(6) Automobile parking spaces. Parking space regulations in the MCU district shall
be as set forth in article IX, division 4 of this chapter.
SECTION 3.
ORDINANCE CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances of the City of Richland Hills
affecting zoning and land use, as amended, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct conflict with
the provisions of this ordinance.
SECTION 4.
PENALTY
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 not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. In addition, 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 may be subjected to such civil penalties as authorized by law.
SECTION 5.
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights or remedies of the City are expressly saved as to any and all violations of Chapter
90, as amended, or any other ordinance affecting zoning and land use that 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, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the Courts.
SECTION 6.
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
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7.
PUBLICATION
The City Secretary is hereby directed to publish in the official newspaper of the City the
caption, penalty clause, publication clause, and effective date clause of this ordinance as required
by law.
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 30th DAY OF November , 2009.
`Z- /n
E HONORABLE DAV L. RAGAN, YOR
ATTEST:
IN A CANTU, TRMC, CITY SECRETARY
EFFECTIVE DATE: d~~D I
APPROVED A TO ORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNE
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