HomeMy Public PortalAboutOrdinance No. 1243-13 03-19-2013ORDINANCE NO. 1243-13
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTIONS 90-58 AND 90-334 OF THE RICHLAND HILLS
CITY CODE TO CREATE A SPECIAL EXCEPTION TO ALLOW THE
ZONING BOARD OF ADJUSTMENT TO APPROVE A LARGER
CARPORT IN SOME CASES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; 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; and
WHEREAS, the City desires to provide citizens with the ability to construct larger
carports in the rear of the property than what is currently required by the Code provided that
certain factors are met; and
WHEREAS, the City desires for each request for a larger carport to be reviewed and
approved by the city's zoning board of adjustment to ensure that the size of the carport will not
result in injury to the surrounding property owners;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
Section 90-58 of Article II, Division 2, of Chapter 90 of the Richland Hills City Code is
hereby amended by the addition of Special Exception D to read as follows:
Description: Permitted District:
D. Carports. Carports greater in size than All residential districts.
what is permitted by Section 90-334(b)(2)
shall be permitted when: (i) necessary to cover
a boat or recreational vehicle, (ii) the carport
is to be located in the rear yard; (iii) the
carport shall be in harmony with the existing
structures located on the property and with the
surrounding properties, and (iv) the carport
shall not conflict with any setback
requirement.
SECTION 2.
Section 90-334(b)(2) of Article IX, Division 8, of Chapter 90 of the Richland Hills City
Code is hereby amended to read as follows:
(2) Size. The roof assembly of a carport shall not exceed 20 feet in length or
24 feet in width. The inside vertical clearance of a carport shall not be
less than 7 feet nor more than 9 feet. A carport greater than the maximum
size permitted by this subsection may be approved by Special Exception
by the Board of Adjustment as provided in Section 90-58.
SECTION 3.
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.
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.
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SECTION 5.
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 in one issue of the official city
newspaper as authorized by Section 52.013 of the Texas Local Government Code.
SECTION 6.
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.
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 8.
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 19th DAY OF March , 2013.
ONO
AT EST:
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INDA CANTU, TMRC, CITY SECRETARY
BILL AGAN, MAYOR
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C:\Users\]cantu\AppData\I,ocal\Microsofr\Windows\Temporary Internet Files\Content.Outlook\VMPOVB36\Special Exception (Carports).doc