The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1365-18 09-10-2018CITY OF RICHLAND HILLS ORDINANCE N0.1365-18 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 91 SUPPLEMENTAL DEVELOPMENT REGULATIONS, ARTICLE II, PARKING ORDINANCE, SECTION 91- 300, PARKING, BY PROHIBITING OVERNIGHT PARKING IN PROFESSIONAL OFFICE DISTRICTS IN PARKING SPACING THAT ARE DIRECTLY ADJACENT TO RESIDENTIAL PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 Council finds that the current parking regulations in the Professional Office (P) zoning district need to be instituted where spaces are directly adjacent to residential property; and WHEREAS, the City Council finds that strengthened regulations addressing screening and fencing to be in the best interest of the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances of the City of Richland Hills is hereby amended by amending Chapter 91, Supplemental Development Regulations, Article III, Parking Ordinance, Section 91- 300, Parking, Sec. 91-300(g) to read as follows: (g) Special Parking regulations: Profession Office Districts. Overnight parking in parking spaces that are situated directly adjacent to residential property is prohibited. For the purposes of this section, "overnight" shall mean the hours of 10 p.m. to 6 a.m. SECTION 2. The Code of Ordinances of the City of Richland Hills is hereby amended by amending Chapter 91, Supplemental Development Regulations, Article III, Parking Ordinance, Section 91- 300, Parking, to add subsection (h) to read as follows: (h) Waiver. The city manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations of the comprehensive plan. SECTION 3. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. 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 Five Hundred Dollars ($500.00) for each offense. SECTION 5. That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Ordinance governing parking 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. That it is hereby declared to be the intention of the City Council of the City of Richland Hills 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 should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 8. That this Ordinance shall be in full force and effect from and after its date of passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 10TH DAY OF SEPTEMBER, 2018. THE HONORABLE ED ARD LOPEZ, MAYOR ATTEST: ~, 4 CATHY BO G, CITY SE ETARY EFFECTIVE: ~ ~" ~ ~.. ,~oC~L~..~l,p 'y,J,~;'~, ~... ~ - s i~ ~~ %, ,, '~ ,~~ rnnnn~ APPROVED AS TO FORM AND LEGALITY: