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HomeMy Public PortalAboutOrdinance No. 1273-14 05-06-2014ORDINANCE NO. 1273-14 AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF RICHLAND HILLS, TEXAS; ESTABLISHING ZONING DISTRICTS; REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND OTHER PURPOSES, THE DENSITY OF POPULATION, THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES AND LAND WITHIN SUCH DISTRICTS, INCLUDING THE HEIGHT, SIZE AND APPEARANCE OF BUILDINGS AND OTHER STRUCTURES; REGULATING THE SIZE OF YARDS AND OTHER OPEN SPACES; PROVIDING SITE DEVELOPMENT REQUIREMENTS, PROVIDING PARKING REQUIREMENTS; PROVIDING FOR THE REGULATION OF NONCONFORMING USES AND FOR THE AMORTIZATION THEREOF; ADOPTING AN OFFICIAL ZONING MAP; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF OCCUPANCY AND BUILDING PERMITS; DEFINING CERTAIN WORDS AND PROVIDING FOR THE INTERPRETATION OF THE ORDINANCE; PROVIDING FOR DEVELOPMENT REVIEW BODIES INCLUDING A BOARD OF ADJUSTMENT AND POWERS OF THE BOARD A PLANNING AND ZONING COMMISSION AND A DEVELOPMENT REVIEW COMMITTEE; PROVIDING FOR AMENDMENTS AND CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING ORDINANCE N0.887-00 AS AMENDED AND CODIFIED IN CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, AS AMENDED; PROVIDING A SEVERABILITY CLAUSE; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas 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 Texas Local Government Code; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the city has the authority to adopt a Comprehensive Zoning Ordinance and map regulating the location and use of buildings, structures, and land for business, industry, residence and other purposes, and to amend said ordinance and said map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a Comprehensive Plan; and WHEREAS, the City Council for the City of Richland Hills deems it necessary in order to lessen congestion on streets; to secure safety from fire, panic, and other dangers; to promote health, safety and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewers, schools, parks and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the City, that this Ordinance should be passed, promulgated and enforced; and WHEREAS, the City Council deems the provisions of the present Comprehensive Zoning Ordinance (being Ordinance No. 887-00, as amended and codified in Chapter 90 of the Code of Ordinances, City of Richland Hills) inadequate, by reason of changing conditions since its passage, to accomplish the foregoing objectives, and that said Ordinance No. 887-00, as amended, should be repealed, in part, and amended in part, by the provisions of this Ordinance; and WHEREAS, the City's Planning and Zoning Commission held a public hearing on March 18, 2014 with regard to the adoption of this Comprehensive Zoning Ordinance and has recommended the boundaries of the zoning districts and regulations as herein contained after due notice to all owners of property affected by changes from the previous zoning regulations, as required by law; and WHEREAS, the City Council has given published notice and held a public hearing on March 18, 2014 with respect to the adoption of this Comprehensive Zoning Ordinance, as required by law; and WHEREAS, the Planning and Zoning Commission and City Council considered, among other things, the character of zoning districts created hereunder and their peculiar suitability for the particular uses allowed therein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The current zoning ordinance enacted by Ordinance 887-00, as amended and codified in Chapter 90 of the Code of Ordinances is hereby repealed and replaced in its entirety, except as provided in Section 2 below, with the zoning ordinance attached hereto as Exhibit "A" and incorporated herein for all purposes. Exhibit "A" is hereby adopted as the zoning ordinance of the City of Richland Hills. SECTION 2. Specifically not repealed by this ordinance, but recodified to Chapter 91 "Supplemental Development Regulations" are the following Divisions of Article IX "Supplemental District Regulations", Chapter 90 of the zoning ordinance: Division 11 "Communications Tower and Television Receivers" 2. Division 12 "Gas Well Drilling and Production" 3. Division 13 "Sexually Oriented Businesses". SECTION 3. CUMMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Richland Hills Municipal Code, 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. 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 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. SECTION 5. SAVINGS All rights and remedies of the City are expressly saved as to any and all violations of the provisions of any and all ordinances affecting parking of vehicles 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. SECTION 6 PENALTY Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 7. 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. PASSED AND APPROVED this ~ day of , 2014. \IlllllnllnnuliJJ~,~ /~, ,~ ~~ • ~' ' ~' ~ ~c~ 'I , fr, .©• •~_ _~, i~ ~'= v~ :, ,~ '•~ . •~ ,. /////,//~~JJ/Jfl~ ...111.11\\\\`\`\\` 11111 M OR ATTEST: ITY S CRETARY W:1Richland Hills\Ordinance\Zoning\Zoning.2014.docx