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HomeMy Public PortalAboutOrdinance No. 1274-14 05-06-2014ORDINANCE NO. 1274-14 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS; ADOPTING SUPPLEMENTAL LAND USE AND DEVELOPMENT REGULATIONS BY CREATING A NEW CHAPTER 91 OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS TO PROVIDE FOR SUPPLEMENTARY DEVELOPMENT REGULATION, INCLUDING SCREENING AND FENCING, LANDSCAPING, PARKING, RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT REQUIREMENTS, SEXUALLY ORIENTED BUSINESS REGULATIONS, COMMUNICATION TOWERS AND TELEVISION RECEIVER REGULATIONS, AND OIL AND GAS DRILLING REGULATIONS; 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, the City Council has adopted a new zoning ordinance and revised comprehensive plan and deems it necessary and advisable to enact supplemental development ordinances; and WHEREAS, the regulations regarding gas drilling, sexually oriented businesses, communication towers were previously codified in Chapter 90 of the Richland Hills Code of Ordinances, and the City Council deems it appropriate to recodify and move them unchanged to Chapter 91 of the Code of Ordinances; and WHEREAS, the City has developed new landscaping, screening and fencing regulations; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Article I "Screening and Fencing" is hereby added to Chapter 91 "Supplemental Development Regulations" (which is hereby created) to read as set forth in Exhibit A. SECTION 2. Article II "Landscape" is hereby added to Chapter 91 "Supplemental Development Regulations" to read as set forth in Exhibit B. C:\Users\lcantu\AppData\Local\Microsoft\Windows\Temporary Internet Files~COritOrit.OUt100k~RKPS7C)BY~1274-14.dOCX (05/05/14) Page 1 SECTION 3. Article III "Parking" is hereby added to Chapter 91 "Supplemental Development Regulations" to read as set forth in Exhibit C. SECTION 4. Article IV. "Nonresidential Development Regulations" is hereby added to Chapter 91, "Supplemental Development Regulations" to read as set forth in Exhibit D. SECTION 5. Article V. "Residential Development Regulations" of Chapter 91 "Supplemental Development Regulations" is hereby added to read as set forth in Exhibit E. SECTION 6. Article VI "Sexually Oriented Business Regulations" is hereby added to Chapter 91 "Supplemental Development Regulations" is hereby added to read as set forth in Exhibit F. SECTION 7. Article VII "Communication Towers and Television Receivers Regulations" is hereby added to Chapter 91 "Supplemental Development Regulations" is hereby added to read as set forth in Exhibit G. SECTION 8. Article VIII "Gas Well Drilling and Production" of Chapter 91 "Supplemental Development Regulations" is hereby added to read as set forth in Exhibit H. SECTION 9. CUMULATIVE 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. C:\Users\]cantu\AppData\Local\Microsoft\Windows\Temporary Internet Fifes\Content.0utlook\RKPS76BY\1274-14.docx ~osiosi~a> Page 2 SECTION 10. 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 11. 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 12. 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 13. 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 1p day of , 2014. Iv,- `. E„ram 117CAYOR ATTEST: ITY SECRETARY C:\Users\lcantu\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RKPS76BY\1274-14.docx (05/05/14) Page 3