HomeMy Public PortalAboutOrdinance No. 1227-12 04-03-20121227-12
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTIONS 90-4 "DEFINITIONS" AND 90-201 "LAND USE
TABLE" OF THE ZONING CODE TO PERMIT A COMMERCIAL
LANDSCAPE FACILITY LAND USE BY SPECIAL USE PERMIT IN THE
C-3 MULTI-STORY GENERAL COMMERCIAL ZONING DISTRICT TO
INCLUDE COMMERCIAL LANDSCAPING OPERATIONS, OFFICES,
SALES, FLEET PARKING, FLEET MAINTENANCE AND LIGHT
EQUIPMENT REPAIR; 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
"Commercial Landscaping Facility" use; and
WHEREAS, the Richland Hills Planning and Zoning Commission has determined that
permitting such use in the C-3 Multi-story Commercial zoning district with certain special
conditions is consistent with the City's Land Use Plan; and
WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that
anew definition be added to Chapter 90 defining a "Commercial Landscaping Facility" use, and has
also recommended that such use be permitted in the C-3 Multi-story Commercial zoning district
provided that the special conditions set forth herein are met; and
WHEREAS, the Richland Hills Planning and Zoning Commission has also recommended
that such use not be permitted in any other zoning district; and
WHEREAS, the City Council has also determined that permitting such use as described
above is consistent with the City's Land Use Plan; and
WHEREAS, the City Council has also determined that the definition for such use 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
"COMMERCIAL LANDSCAPING FACILITY"
Section 90-4(b) of Chapter 90 ofthe Richland Hills City Code is hereby amended by adding
the following definition of "Commercial Landscaping Facility" as follows:
Commercial Landscaping Facility means business offering commercial landscaping sales
and services to the public, including office, product display and inventory, fleet parking, fleet
maintenance, oil changes for fleet vehicles and light equipment repair.
In all other respects, Section 90-4 shall remain unchanged.
SECTION 2.
AMENDMENT OF LAND USE TABLE TO PERMIT
COMMERCIAL LANDSCAPING FACILITY 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 insertion of a new row entitled "Commercial
Landscaping Facility" under the "COMMERCIAL, RETAIL AND SERVICE USES" category,
insertion of "S" in the C-3 Multi-Story General Commercial zoning district columns of such new
row; so as to indicate that a "Commercial Landscaping Facility" use shall be permitted only in the
C-3 Multi-Story General Commercial zoning district.
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 indirect 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
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judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis 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 ofthe 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 ofthis 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 ofthis 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 ofthis 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 ofthe provisions ofthis Ordinance shall be fined no more
than Two Thousand Dollars and no cents ($2,000.00) for each violation ofthis 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.
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SECTION 9.
EFFECTIVE DATE
This ordinance shall be in fiill force and effect from and after its passage and publication as
required bylaw, and it is so ordained. 4
PASSED AND APPROVED ON THIS ~~ DAY OF , 2012.
ONORABLE DAVID GAN, MAYOR
ATTEST:
A CANTU, CITY SECRETARY
EFFECTIVE DATE; ~ ~ ~p I ~-
APPROVED AS TO FORM AND LEGALITY;
K-
CITY ATTORNEY
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