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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. C:\Users\lcantu\AppDataU.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VMPOVB36\Special Exception (Carports).doc 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: \~k.~e.~ INDA CANTU, TMRC, CITY SECRETARY BILL AGAN, MAYOR `\\\\~~~~Itnt n u u1-llq,~ .,,~ ~`cN~~.N~ ti, .~ .~ !~ =~ ~' _~ ~ ~~_ •~\ ;, • ,; APPROV AS TO FORM AND LEGALITY: '• •..... ~~///IIf111111111~~~~ $,-,~t-°" rT -A_~ ,r;~ITY ATTORNEY ~~~'CVL' (t. ~d C:\Users\]cantu\AppData\I,ocal\Microsofr\Windows\Temporary Internet Files\Content.Outlook\VMPOVB36\Special Exception (Carports).doc