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Home My Public Portal AboutOrdinance No. 1394-19 07-08-2019ORDINANCE NO. 1394-19 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY AMENDING ARTICLE 3 TO LIMIT FOOD PROCESSING TO BE AN AUTHORIZED USED WITHIN INDUSTRIAL (I) ZONING DISTRICTS BY WAY OF A SPECIFIC USE PERMIT ONLY; 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 for a 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 public hearing was held by the Planning and Zoning Commission on June 25, 2019, and thereafter by the City Council on July 8, 2019, 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 ZONING TEXT AMENDMENT THAT, Chapter 90, Article 3, Section 3.02 "Use Chart" is hereby amended to allow Food Processing as an authorized use by way of a specific use permit in the I -Industrial zoning districts. SECTION 2 ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The City Council fords 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 3 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 4 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 maybe subjected to such civil penalties as authorized by law. SECTION 5 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 6 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 7 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 8 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 8~` DAY OF JULY, 2019. a T HONORABLE MAYOR W -@PEG'` ATTEST: t CATHY BO G, CITY SE TARY EFFECTNE DATE: APPROVED AS TO FORM AND LEGALITY: BETSY E , C ATTORNEY ~. ~ ! ~ ~;~ :, ~. Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throekmorton St I Ft Worth,Tx.T61024315 AFFIDAVIT OF PUBLICATION Account* Ad Number Identification PO Amount Cols Depth 600656 0004362593 CITY OF RICHLAND HILLSORDINANCE NO.13 Ordinance1394-19 $106.36 1 56.00 Li Attention: Cathy Bourg THE STATE OF TEXAS CITY OF RICHLAND HILLS County of Tarrant 3200 DIANA DR FORT WORTH, TX 761186237 Before me, a Notary Public in and for said County and State,this day personally appeared AM BAR CITY OF RICHLAND HILLS LIZARRAGA, Bid and Legal ORDINANCE NO.1394-19 9 AN ORDINANCE AMENDING Coordinator for the Star-Telegram, CHAPTER 90 OF THE CITY 9 CODE, AS AMENDED, THE ` COMPREHENSIVE ZONING OR- pUbllihed by the Star-Telegram, Inc. DINANCE OF THE CITY OF - 3 at Fort Worth,in Tarrant County, RICHLAND HILLS, BY AMEND- ING ARTICLE 3 TO LIMIT FOOD Texas;and who,after being duly PROCESSING TO BE AN AU- _ ` - •' € THORIZED USED WITHIN IN- sworn,did depose and say that the DUSTRIAL (I) ZONING DIS- - TRICTS BY WAY OF A SPECIFIC : -;- T attached dipping of an advertisement USE PERMIT ONLY;PROVIDING - was published in the above named THAT THIS ORDINANCE SHALL _ __ BE CUMULATIVE OF ALL ORDI- + ,tl paper on the listed dates: NANCES;PROVIDING A PENAL- _I TY CLAUSE;PROVIDING A SAV- "_ INGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PRO- VIDING FOR PUBLICATION IN !i.'. THE OFFICIAL NEWSPAPER; z -' AND PROVIDING AN EFFECTIVE iT�'7- - 1 Insertion DATE.NOW,THEREFORE,BE IT (s) ORDAINED BY THE CITY COUN- - CIL OF THE CITY OF RICHLAND Published On: HILLS,TEXAS; T Any person, firm or corporation -- , R September 01,2019 who violates, seseto, omits, �,, „r I • . neglects or refuses to comply 11F MOUND with or who resists the enforce- ._ mono any the provisions of this ordinance shall be fined not air more than Two Thousand Dol- it tsfeseS lars ($2,000.00) for each of- erabCtSvilion�the fense. Each day that a violation Ma of of the itf is permitted to exist shall con- ids . shoe be :, stitute a separate offense. In �■� addition, any person, firm or ) corporation who violates, diso- beys,omits,neglects or refuses b '. Mir- to comply with or who resists a -'.-Wawa. i the enforcement of any of the :, provisions of this ordinance may be subjected to such civil penal- " ties as authorized by law. This lAro ordinance shall be in full force of�a " and effect from and after its �'�''" passage and publication as re- ..' _'te such dell quired by law, and it is so or- dained. shay be f (Pnncipal Clerk) Passed and approved this 8th day from asir Rs of July,2019 and r# ir! /s/Edward Lopez,Mayor by�6 4.- us R_ SUBSCRIBED AND SWORN TO Attest:Cathy Bourg,City Secre- tary Paned and this both day BEFORE ME,THIS 3rd day of st 1 mot. eptember in the year of 2019 t gY Seat- ,,it WY n No ary Public- r, - tvyr JtA ,,J#, �=r� o I 11 - ' I:1, .A 1) Extra charge for lost or duplicate affidavits. - r,c , .._ _---- _ s Legal document please do not destroy!