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HomeMy Public PortalAboutOrdinance No. 1410-20 06-22-2020 ORDINANCE NO. 1410-20 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS, BY AMENDING SECTION 6.02.01 TO REQUIRE FIRE CODE COMPLIANCE WHEN OBTAINING A CERTIFICATE OF OCCUPANCY AND REQUIRING CERTIFICATES OF OCCUPANCY FOR CHANGES IN TENANTS OR OWNERSHIP IN NONRESIDENTIAL BUILDINGS; 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 2, 2020, and thereafter by the City Council on June 22, 2020, 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 RICHLAND HILLS,TEXAS; SECTION 1 ZONING TEXT AMENDMENT THAT,Chapter 90,Article 6, Section 6.02.01 "Certificates of Occupancy Required"is hereby amended to read: 6.02.01. Certificates of Occupancy Required (A) Use. No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a certificate of occupancy or other final building permit inspection has been issued by the building official,stating that the building or proposed use of the building or premises complies with the building code, electrical code, plumbing code, fire code,and the provisions of these regulations. (B) Change in use. A change in use shall be construed to mean any change in occupancy, type of business,nonresidential tenant,or ownership in nonresidential building. SECTION 2 ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING The CityCouncil finds that the changes to the zoningdistricts,boundaries,regulations and g 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 safetyfrom fire,panic,flood and other dangers, rovide adequate light and air,prevent p q � 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 may be 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 theCity a rca ption,the capt on,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 22nd DAY OF JUNE,2020. THE HONORABLE MA OR WARD LOPEZ ATTEST: stk 6a-41 g .•' '•. CATHY BO G, CITY SE TARY 1.741 EFFECTIVE DATE: c v- Z ) — 2.0 2-t7 = /� .� � : //•• • ''ill/ION/1111111�0 0\\ APPROVED AS TO FORM AND LEGALITY: BETSY ELAM,CITY ATTO Star-Te1eg r�M Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star.tlgram.com 180E Throckmorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account• Ad Number Identification II PO Amount Cols Depth 600656 0004681627 CITY OF RICHLAND HILLS ORDINANCE NO. 1 $106.84 1 67.00 Li Attention: 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 Countyand State,this day Y personally appeared VICTORIA CITY OF RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE NO.1410-20 AN ORDINANCE AMENDING for the Star-Telegram, published by CHAPTER 90 OF THE CtTY trreeleteltiffelitic— CODE, AS AMENDED, THE ORDINANCE the Star-Telegram, Inc. at Fort Worth, COMPREHENSIVE ZONING OR- DINANCE OF THE CITY OF alA OF TiIE CllY in Tarrant County,Texas;and who, RICHLAND HILLS, BY AMEND- ING SECTION 6.02.01 TO RE- CODE, AS AMENDED, TINE after being duly sworn,did depose EN FIRE CODE COMPLIANCE COMPREFENSWE ZONING DINANCE OF and saythat the attached dipping of OR- WHEN OBTAINING A CERTIFI- PP� 9 CATE OF OCCUPANCY A RE- RICHLAND HILLS BY 2 AMENa an advertisement was published in QUIRING CERTIFICATES OF OC- DIG SECTION 1 TO RE- CUPANCY FOR CHANGES IN FIRE COS COMPLIANCE the above named paper on the listed TENANTS OR OWNERSHIP IN N OBTA818NG A CERTWI- NONRESIDENTIAL BUILDINGS; CATE OF OCCUPANCY A RE- dates: PROVIDING THAT THIS ORDI- QUIRING CERT FICATES OF OC- NANCE SHALL BE CUMULATIVE CUPANCY FOR CHANGES R4 OF ALL ORDINANCES;PROVID- TENANTS OR OWNERSHW 1N ING A PENALTY CLAUSE;PRO- NONRESIDENTIAL BUILDINGS; VIDING A SAVINGS CLAUSE; PROVIDING THAT THIS CNN- PROVIDING A SEVERABILITY NANCE SHALL BE CUMULATIVE CLAUSE, PROVIDING FOR PUB- OF AU.ORDINANCES;PROM- 1 Insertion(s) LICATION IN THE OFFICIAL ING A PENALTY CLAUSE;PRO- NEWSPAPER; AND PROVIDING VOW& A SAVNIGS CLAUSE: AN EFFECTIVE DATE. NOW, PROVIDING A SEVERAWLITY Published On: THEREFORE, BE IT ORDAINED CLAUSE,PROV8NIN6 FOR PUB-BY THE CITY COUNCIL OF THE LICATIONIN THE OFFICIALJune 26,2020 CITY OF RICHLAND HILLS, NEWSPAPER;AND PROVIDING TEXAS; AN EFFECTIVE DATE. NOW, PENALTY - Any person, firm or THEREFORE, BE IT ORDAINED beys,corporationmitwho violates, fuses BY THE CITY COUNCIL OF TIE beys,omits,neglects or refuses to comply with or who resists CITY OF RICHLAND TEXAS; the enforcement of any of the provisions of this ordinance PENALTY - Any person, firm or shall be fined not more than corporation who violates, dtso- Two Thousand Dollars beys omits,neglects or refuses ($2,000.00) for each offense. to comply with or who resists Each day that a violation is per- the ement-of any of the mitted to exist shall constitute provisions of this ordinance a separate offense. In addition, shall be fined not more than any person,firm or corporation Two Thousand Donors who violates, disobeys, omits, 00) for each offense. neglects or refuses to comply day that a violation is per- with or wany ro f the the enforce-f miffed tot existrase. constitute V/Ari.10../,'IL—.-.// ment of any of the provisions of a separate offense. re addt" this ordinance may be subjected any person,firm or to such civil penalties as au- who violates, disobeys, omits, thorized by law. neglects or refuses to comply PUBLICATION-The City Secretary with or who resists the enforce- is (Principal Clerk) hereby directed to publish in meet of any of the provisions of the official on,newspaperltof the this ordinance may subjected City tat_on clause,penalty effective to such civil penalties as au SUBSCRIBED AND SWORN TO publication thiand nance as thorized by law. date clause of this ordinance as BEFORE ME,THIS 26th day of required by law. PUBLICATION-The City Secretary EFFECTIVE DATE - This ordinance is hereby directed to publish in J in the year of 2020 shall be in full force and effect the official newspaper of the from and after its passage and City the caption,penalty clause, publication as required by law, publication clause,and effective and it is so ordained. date clause of this ordinance as Passed and approved this 22nd day required by law. of June 2020 EFFECTIVE DATE-This ordnance /s/Edward Lopez,Mayor shag be in full face and effect Attest:Cathy Bourg,City Secreta- from and after Its passage and ry publication as required by ,an is so ordained. ary Public- Passed and approvedthis 22nd dry -,'....--..'�.'�°.,""`„-.= Cb r G? Edward Lopez, ' I Attest Cathy Barg, Snaafar t p,,t p'1 ry t i; I . - Extra charge for lost or duplicate affidavits. Legal document please do not destroy!