HomeMy Public PortalAboutOrdinance No. 1367-18 10-08-2018ORDINANCE NO. 1367-18
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF RICHLAND HILLS, BY AMENDING ARTICLE 2 TO CREATE
THE BUSINESS PARK (BP) ZONING DISTRICT, AMENDING
ARTICLE 3 TO ADD USES FOR THE BP DISTRICT, AND AMENDING
ARTICLE 8 TO ADDMEND DEFINITIONS FOR THE BP DISTRICT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted a
comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential or other purposes, and providing fora method
to amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, a change in the zoning of the properties listed below was requested by persons
or entities having a proprietary interest in those properties; and
WHEREAS, a public hearing was at a meeting of the Planning and Zoning Commission on
September 25, 2018, and the City Council on October 8, 2018, with respect to the proposed use
changes described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with the
comprehensive zoning ordinance and chapter 211 of the Local Government Code; and
WHEREAS, the City ~ Council of the City does hereby deem it advisable and in the public
interest to amend Chapter 90 of the City Code, as amended, as described herein; and
WHEREAS, the proposed change is consistent with the City's comprehensive land use plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHI,AND HILLS, TEXAS;
SECTION 1
CREATION OF ZONING DISTRICT
THAT, Chapter 90, Article 2, is hereby amended by adding Section 2.04.06 "BP Business
Park" as attached hereto in Exhibit "A".
SECTION 2
ZONING TEXT AMENDMENT
THAT, Chapter 90, Article 3, Section 3.02 "Use Chart" is hereby amended to allow the uses
detailed in the amended Use Chart attached hereto in Exhibit "B".
SECTION 3
ZONING TEXT AMENDMENT
THAT, Chapter 90, Article 8 "Defmitions", Section 8.01 "Defined Terms" is hereby amended
as attached hereto in Exhibit "C".
SECTION 4
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
The City Council finds that the changes to the zoning districts, boundaries, regulations and
uses as herein established have been made in accordance with the City's zoning code and
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the
community. They have been designed to efficiently plan, control and organize development, lessen
congestion in the streets, secure safety from fire, panic, flood and other dangers, provide adequate
light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the
adequate provision of transportation, water, sewerage, parks and other public requirements. They
have been made after a full and complete hearing with reasonable consideration among other things of
the character of the district and its peculiar suitability for the particular uses and with a view of
conserving the value of the buildings and encouraging the most appropriate use of land throughout the
community.
SECTION 5
ORDINANCE CUMULATIVE
This Ordinance shall be cumulative of all other ordinances of the City of Richland Hills
affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6
PENALTY
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 7
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights or remedies of the City are expressly saved as to any and all violations of Chapter
90, as amended, or any other ordinance affecting zoning and land use that 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, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the Courts.
SECTION 8
SEVERABILITY
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 9
PUBLICATION
The City Secretary of the City of Richland Hills is hereby directed to publish in the official
newspaper of the City the caption, penalty clause, and effective date clause of this ordinance as
required by law.
SECTION 10
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 ON THIS 8T" DAY OF OCTOBER, 2018.
~-~~i,
~ ~. ~
THE HONORABLE MA ORE ARD LOPEZ
ATTEST:
'- ,
CATHY BO ,CITY SECRET Y
EFFECTIVE DATE: ~ L~ ~ ~ ~t ~ ~ ~~~
APPROVED AS TO FORM AND LEGALITY:
' ~ Gl.ti
BETSY ELAM, ITY ATTORNEY
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2.04.06. BP Business Park
(A) Character Description
The BP Business Park district is intended to maintain and
support an environment for flexible, vibrant, and
employment-generating businesses to enhance and
protect the City's economic engine. This district should
accommodate industrial, commercial, and retail uses that
promote a positive image of the City from the SH 121
roadway.
(B) Permitted Uses
Uses permitted in this district are outlined in Subsection 3.02 Use Chart on page 49.
(C) Other Regulations
Subsection 4.01 Off-Street Parking and Loading Requirements
Subsection 4.02 Accessory Structure Standards
Subsection 4.03 Supplementary Regulations
Subsection 4.04 Performance Standards
Other Supplementary Ordinances
Zoning Districts
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Lot Width None
Lot Depth None
Lot Size None
Lot Coverar;e None
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Body Art Studio
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Fraternal Organization, Lodge, Civic Club,
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Fuel Pumps (Accessory Use)
Furniture Restoration
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Hospital
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1 space per sleeping room or suite plus 1 space for
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Household Care Facility
1 space per bedroom, in addition to required
residential parking
Indoor Gun or Archery Range
Laundromat
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Data Center
A facility that houses computing facilities for businesses to process organize store, and disseminate large amounts
of data.
Day Services, Adult
A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to
four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of
the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas
Department of Human Services.
Development
Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other
structures, paving, drainage, utilities, storage, and agricultural activities.
Development Review Committee (DRC)
The committee created by Subsection 5.05 to review all site plans and to recommend either approval or denial.
Disability or Handicap
With respect to an individual:
District
• A physical or mental impairment that substantially limits one or more of such person's major life
activities,
• A record of having such an impairment, or
• Being regarded as having such an impairment, but such term does not include current, illegal use of or
addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C.
802)).
Any section or sections of the City for which the regulations governing the use of land and the use, density, bulk,
height and coverage of buildings and other structures are uniform for each class or kind of building therein.
Drivers Education Training
A business dedicated to offering drivers training courses to customers, and may include a fleet of cars to be used
for training purposes.
Dry Cleaning, Major
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or
wholesale basis.
Dry Cleaning, Minor
A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square feet of floor area, including,
but not limited to, dry cleaning plants having no more than one thousand five hundred (1,500) square feet of floor
area for dry cleaning equipment.
Dwelling Unit Area
Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive
of porches, enclosed or open breezeways, storage area or closets, or other non-living space.
Easement
A grant of one or more of the property rights by the property owner toand/or for the use by the public, a
corporation or another person or entity.
~ Definitions
Helistop
An accessory use where helicopters can land and take off but excluding refueling, maintenance, repairs, and
storage of helicopters.
Home Occupation
An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential
premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in
3.02.01. (A)(8) of the Zoning Ordinance.
Hospital
An institution providing primary health services and medical or surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including,
as an integral part of the institution, related facilities such as laboratories, helistops, outpatient facilities, or
training facilities as licensed by the State of Texas.
Hotel/Motel
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Room units are accessed through doorways into an internal hallway, courtyard, lobby, or with direct access from
outside. Financial consideration for room units is generally calculated on a nightly basis.
Hotel, Extended Stay
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial
consideration where customary hotel services such as linen, housekeeping service, and telephone are provided.
Residence Hotel room units are designed to be suitable for long term occupancy with financial consideration being
calculated on a nightly, weekly, and/or monthly basis. Typical Residence Hotel attributes include, but are not
limited to, kitchen facilities, two-story design, and external doorways into room units.
Household Care Facility
A dwelling unit that provides residence and care to not more than nine persons, regardless of legal relationship,
who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence;
convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial
setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This
definition is subject to Assisted Living Facility Care Act (Texas Health and Safety Code, Section 247.001 et seq.) and
Community Homes for Disabled Persons Location Act (Texas Human Resources Code, Section 123.001 et seq.) as
they presently exist or may be amended in the future. Facilities are also subject to the City of Richland Hills'
Ordinance 1258-13, codified in Article IX of Chapter 18 of the City of Richland Hills' Code of Ordinances, as it may
be amended.
Incidental Use
Any use different from the primary use but that complements and/or supplements the primary use. Incidental
shall mean an area that constitutes not more than fifteen (15) percent of the total floor area~a++~se. An
incidental use is also an accessory use.
Indoor Gun or Archery Range
Any indoor facility open to the public and occupying all or a portion of a building where firearms and/or archery
are discharged for testing or recreation purposes.
Industrial Park
A large tract of land that has been planned, developed and operated as an integrated facility for a number of
individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Definitions
" "
M o b i l e H o m e
A s g o v e r n e d b y t h e d e f i n i t i o n w i t h i n t h e T e x a s M a n u f a c t u r e d H o u s i n g S t a n d a r d s A c t ( A r t i c l e 5 2 2 1 f ) , a
m o v a b l e d w e l l i n g d e s i g n e d t o b e t r a n s p o r t e d o n i t s o w n c h a s s i s o n t h e h i g h w a y ( e i t h e r i n t a c t o r i n m a j o r
s e c t i o n s ) b y a p r i m e m o v e r , w h i c h i s c o n s t r u c t e d w i t h a b a s e s e c t i o n s o a s t o b e i n d e p e n d e n t l y s e l f -
s u p p o r t i n g , a n d w h i c h d o e s n o t r e q u i r e a p e r m a n e n t f o u n d a t i o n f o r y e a r - r o u n d l i v i n g . A m o b i l e h o m e i s
a l s o d e f i n e d a s a n y m a n u f a c t u r e d h o m e t h a t w a s c o n s t r u c t e d p r i o r t o J u n e 1 5 , 1 9 7 6 .
M a n u f a c t u r e d H o m e ( H U D C o d e )
A s g o v e r n e d b y t h e d e f i n i t i o n w i t h i n t h e T e x a s M a n u f a c t u r e d H o u s i n g S t a n d a r d s A c t ( A r t i c l e 5 2 2 1 f ) , a
m o v a b l e d w e l l i n g d e s i g n e d t o b e t r a n s p o r t e d o n t h e h i g h w a y , e i t h e r i n t a c t o r i n m a j o r s e c t i o n s , b y a
p r i m e m o v e r , w h i c h c a n b e u s e d a s a r e s i d e n t i a l d w e l l i n g e i t h e r w i t h o r w i t h o u t a p e r m a n e n t f o u n d a t i o n .
A H U D - C o d e m a n u f a c t u r e d h o m e i s a l s o d e f i n e d a s a m o v a b l e m a n u f a c t u r e d h o m e t h a t w a s c o n s t r u c t e d
a f t e r J u n e 1 5 , 1 9 7 6 . A H U D - C o d e m a n u f a c t u r e d h o m e w i l l d i s p l a y a r e d c e r t i f i c a t i o n l a b e l o n t h e e x t e r i o r
o f e a c h t r a n s p o r t a b l e s e c t i o n .
M o d u l a r ( I n d u s t r i a l i z e d ) H o m e
A l s o c a l l e d " m o d u l a r p r e f a b r i c a t e d s t r u c t u r e ' . A s g o v e r n e d b y t h e d e f i n i t i o n w i t h i n t h e T e x a s
M a n u f a c t u r e d H o u s i n g S t a n d a r d s A c t ( A r t i c l e 5 2 2 1 f - 1 . ) , a s t r u c t u r e o r b u i l d i n g m o d u l e t h a t i s
t r a n s p o r t a b l e i n o n e o r m o r e s e c t i o n s o n a t e m p o r a r y c h a s s i s o r o t h e r c o n v e y a n c e d e v i c e , a n d t h a t i s
d e s i g n e d t o b e i n s t a l l e d a n d u s e d b y a c o n s u m e r a s a p e r m a n e n t r e s i d e n c e o n a p e r m a n e n t f o u n d a t i o n
s y s t e m . T h e t e r m i n c l u d e s t h e p l u m b i n g , h e a t i n g , a i r - c o n d i t i o n i n g a n d e l e c t r i c a l s y s t e m s c o n t a i n e d i n t h e
s t r u c t u r e . T h e t e r m d o e s n o t i n c l u d e a M o b i l e H o m e o r M a n u f a c t u r e d H o m e ( H U D C o d e ) a s d e f i n e d i n
t h e T e x a s M a n u f a c t u r e d H o u s i n g S t a n d a r d s A c t ( A r t i c l e 5 2 2 1 f , V . A . C . S . ) . I n d u s t r i a l i z e d h o m e s m u s t m e e t
a l l a p p l i c a b l e l o c a l c o d e s a n d z o n i n g r e g u l a t i o n s t h a t p e r t a i n t o c o n s t r u c t i o n o f t r a d i t i o n a l s i t e
c o n s t r u c t e d ( " s t i c k b u i l t " ) h o m e s . S e e 3 . 0 2 . 0 1 . ( A ) ( 2 ) M o d u l a r ( I n d u s t r i a l i z e d ) H o m e s f o r r e g u l a t i o n s .
M a n u f a c t u r i n g , G e n e r a l
A n e s t a b l i s h m e n t e n g a g e d i n m a n u f a c t u r i n g o r o t h e r i n d u s t r i a l p r o c e s s i n g o f p r o d u c t s p r i m a r i l y f r o m
e x t r a c t e d / r a w m a t e r i a l s o r t h e b u l k s t o r a g e a n d h a n d l i n g o f s u c h p r o d u c t s a n d m a t e r i a l s , o r a n i n d u s t r i a l
e s t a b l i s h m e n t h a v i n g p o t e n t i a l t o p r o d u c e n o i s e , d u s t , A a r e , o d o r s o r v i b r a t i o n b e y o n d i t s p r o p e r t y l i n e . D i f f e r s
f r o m M a n u f a c t u r i n g , L i g h t u s e c l a s s i f i c a t i o n d u e t o t h e p o t e n t i a l i m p a c t s o n s u r r o u n d i n g p r o p e r t i e s .
M a n u f a c t u r i n g , L i g h t
~ + a t J e + } :
T h e f a b r i c a t i o n , a s s e m b l y , a n d p a c k a g i n g o f f i n i s h e d p r o d u c t s o r p a r t s , p r e d o m i n a n t l y f r o m p r e v i o u s l y p r e p a r e d
m a t e r i a l s , b u t e x c l u d i n g b a s i c i n d u s t r i a l p r o c e s s i n g . P r o c e s s e s d o n o t e m i t d e t e c t a b l e d u s t , o d o r , s m o k e , R a s o r
f u m e s b e y o n d t h e b o u n d i n g p r o p e r t y l i n e s o f t h e l o t o r t r a c t u p o n w h i c h t h e u s e i s l o c a t e d a n d d o n o t g e n e r a t e
n o i s e o r v i b r a t i o n a t t h e p r o p e r t y b o u n d a r y t h a t i s g e n e r a l l y p e r c e p t i b l e i n f r e q u e n c y o r p r e s s u r e a b o v e t h e
a m b i e n t l e v e l o f n o i s e i n t h e a d j a c e n t a r e a s . D i f f e r s f r o m M a n u f a c t u r i n g , G e n e r a l u s e c l a s s i f i c a t i o n d u e t o t h e
m i n i m a l i m p a c t s o n s u r r o u n d i n g p r o p e r t i e s .
D e f i n i t i o n s
Research and Development Center (with Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities may include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Research and Development Center (without Animals)
A facility that includes laboratories and experimental equipment for medical testing, prototype design and
development, and product testing. These facilities do not include animal or biological testing. Any facility that is
determined by City officials to be a hazard or nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion,
or radiation is not to be included in this category.
Residence
Any building or portion thereof, which is designed or used as living quarters for one (1) or more households.
Residential District
District where the primary purpose is residential use.
Restaurant
An establishment where food and drink are prepared and consumed primarily on the premises. Drive-up windows
are permitted.
Restaurant, Drive-In
An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities
are provided on the premises that encourage the serving and consumption of food in automobiles on or near the
restaurant premises.
Retail, Big Box
"Big Box" uses are defined as single-tenant retail buildings over 70,000 square feet providing goods to the general
public.
Retail, Stores and Shops
An establishment engaged in the selling of goods and merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such goods.
o F,,II -. th ~r .- ~r'r r r rL. F'Fr H[1 r Frh
Y
Room
A building or portion of a building that is arranged, occupied, or intended to be occupied as living or sleeping
quarters but not including toilet or cooking facilities.
School, Private
A school operated by a private or religious agency or corporation other than an independent school district, having
a curriculum generally equivalent to a public elementary or secondary school.
School, Public
A school operated by an independent school district and providing elementary or secondary curriculum.
~-Definitions
Stable, Commercial
Astable used for the rental of stall space or for the sale or rental of horses or mules.
Stable, Private
A detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises
and not kept for remuneration, hire, or sale.
Story
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof
next above (also see "Mezzanine' and Section 502.1 from the 2006 International Building Code). It is measured as
the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the
topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the
top of the roof rafters.
Story, Half
A single room within a dwelling unit above the second floor. A half-story will occupy no less than two-thirds (2/3)
of the area under the roof, and shall have non-operating opaque windows for facades that face adjacent
properties. Transparent windows may face the front yard. Ahalf-story containing independent apartment, living
quarters, or bedroom shall be counted as a full story.
Street
Any dedicated public thoroughfare that affords the principal means of access to abutting property.
Structural Alterations
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or
girders, or any substantial change in the roof or in the exterior walls.
Structure
Anything constructed or erected, the use of which requires location on the ground or which is attached to
something having a location on the ground (also see definition of Building).
Studio Residence
A residence that includes up to fifty (50) percent of its total floor area as a work area for a photographer, artist,
musician, architect, or similar occupation. The primary occupant of the work area must also be a permanent
resident of the dwelling unit. All activities associated with the studio shall take place in the primary structure, as
opposed to an accessory building or yard.
Taxidermist
An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead
animals for exhibition in a lifelike state, with all business operations and processing occurring indoors.
Telephone Exchange
A central switching hub servicing the public at large in which telephone lines are connected to permit
communication.
Temporary Building for New Construction
A structure or shelter used in connection with the construction of a development or building project for housing on
the site of temporary administration and supervisory functions and for sheltering employees and equipment.
Buildings are permitted for a specific period of time in accordance with a permit issued by the Building Official.
The term "Temporary Field or Construction Office" may also be used.
Definitions