HomeMy Public PortalAboutOrdinance No. 1166-10 04-27-2010 i
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j 1166-10
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING THE LAND USE TABLE CONTAINED IN SECTION 90-201 TO
PERMIT "AUCTION HOUSE" LAND USES IN THE C-3 MULTI-STORY
GENERAL COMMERCIAL ZONING DISTRICT 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 allows "Auction House" uses only in the C-2
General Commercial zoning district (with a Special Use Permit), the I-1 Light Industrial zoning
district, and the I-2 Heavy Industrial zoning district; and
WHEREAS, the Richland Hills Planning and Zoning Commissior_ and the City Council have
now determined that "Auction House" uses should now be allowed in the C-3 Multi-Story General
Commercial zoning district as well, with a Special Use Permit; and
WHEREAS, the City Council has determined that, under some circumstances, such use can
be consistent with the other uses allowed inthe C-3 Multi-Story General Commercial zoning district,
and that permitting such use in that zoning district with a Special Use Permit is 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 HII,LS, TEXAS:
SECTION 1.
AMENDMENT OF LAND USE TABLE REGARDING AUCTION HOUSE USES
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 amendment of the row entitled "Auction House" under
the "COMMERCIAL, RETAIL, AND SERVICE USES" category to reflect that such land use shall
be permitted in the C-3 Multi-Story General Commercial zoning district with a Special Use Permit.
In other words, all the columns in such row shall remain the same, excep± that a "S" shall be added
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in the C-3 Multi-Story General Commercial zoning district column, so that such row shall henceforth
provide as follows:
Land Use Resignation Nonresidential Special
Desi anon Conditions
COIvIlvIERCIAL, RETAIL AND SERVICES USE
R-1L R 1 R-2 R-3 R-4 MH C-1 C-2 C-3 1-1 1-2
Auction House S S P P
In all other respects, the Land Use Table contained in Section 90-201 shall remain unchanged.
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
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 3.
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 unconstitutionalityshall 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.
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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
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 7.
PENALTY FOR VIOLATION
Anyperson, 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 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.
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PASSED AND APPROVED ON THIS ~ DAY OF 2010.
ONORABLE DAVID L. GAN, MAYOR
ATTEST:
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APPROVE TO FO AND LEGALITY:
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TIM G. SRALLA, CITY ATTORNEY
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