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HomeMy Public PortalAboutOrdinance No. 1487-23 10-09-2023 ORDINANCE NO. 1487-23 AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS; AMENDING ARTICLE 8 TO ADD A DEFINITION FOR FLEET VEHICLE AND TO AMEND THE DEFINITION OF "OUTSIDE STORAGE AND DISPLAY" AND "OFFICE, ADMINISTRATIVE, MEDICAL OR PROFESSIONAL."; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; 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 September 26, 2023 and thereafter by the City Council on October 9, 2023, 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, THAT: SECTION 1. ZONING TEXT AMENDMENT Chapter 90, Article 8, "Definitions" is hereby amended to the following definition in alphabetical order: Fleet Vehicle. Any vehicle owned or operated by the person, company or business which is used for purposes of delivery, pick up or service to patrons of the primary use. Any Heavy Load Vehicle or any chassis cab truck with an enclosed cuboid-shaped cargo area — otherwise referred to as box truck, box van, cube van, or bob truck - are excluded from being a Fleet Vehicle. SECTION 2. ZONING TEXT AMENDMENT Chapter 90, Article 8, "Definitions" is hereby amended to revise the following definitions to read as follows: "Outside Storage and Display. A primary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day- to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary outside merchandise display, such as a sidewalk sale. Fleet Vehicles are not included in this definition." "Office, Administrative, Medical or Professional. A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, medical, home health care, chiropractor, architect, engineer, travel, secretarial services, accounting organizations and associations, and vehicle rental office." SECTION 3. CUMULATIVE CLAUSE 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. SEVERABILITY CLAUSE 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, Ordinance No. 1487-23, Page 2 of 4 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 5. SAVINGS CLAUSE 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. PENALTY CLAUSE 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. PUBLICATION CLAUSE 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 as/if required by law. SECTION 8. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. Ordinance No. 1487-23, Page 3 of 4 APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on October 9, 2023, by a vote of "` ayes, ` nays, and abstentions. APPROVED: The Honorable Mayor Edwar open ATTEST: Lindsay aWlillson, City Secretary \,\\111\W1111m o/0///4/, Nit G Ordinance No. 1487-23, Page 4 of 4