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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 W:\Richland Hills\Ordinance\Zoning\Commercial Landscaping Facility Amendment to Section 90-4 and Land Use Table in Section 90-201.wpd (04/03/12) Page 2 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. W:\Kichland Hills\Ordinance\Zoning\Commercial Landscaping Facility Amendment to Section 90-4 and Land Use Table in Section 90-201.wpd (04/03/12) Page 3 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 \\\\\\~~auu a uul,~~~ ,,`c~~~:ND y~~.,,, ,~~ ~ -, ~ _ J,-, a ,V ( y ~~ ~~~iii~i tim nnt~ar~`~ W:Viid~b~ lii0slordinaiixxlZo~ommercial Landscaping Facility Amendnxnt to Section 9D-4 and Lund Use Table in Section 90-201,rvpd