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HomeMy WebLinkAboutOrdinance 2284 ORDINANCE NO. 2284 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO AMEND ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS, REGARDING THE PERCENTAGE OF MASONRY REQUIREMENT IN THE 1-1 LIGHT INDUSTRIAL, 1-2 MEDIUM INDUSTRIAL, AND U-INSTITUTIONAL DISTRICTS AND TO ESTABLISH PROPER NOTATION FOR THE REMAINDER OF ARTICLE 6; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has determined the need to amend Article 6, Supplementary District Regulations, regarding the required percentage of masonry construction and to establish proper notation for the remaining portions of Article 6, and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 6, Supplementary District Regulations be amended in its entirety to read as follows: ARTICLE 6 SUPPLEMENTARY DISTRICT REGULATIONS Section 600. MASONRY REQUIREMENT FOR RESIDENTIAL BUILDINGS A. Required Masonry Percentaqe - The minimum required percentage of masonry on the exterior wall surface of all residential primary structures, as viewed from each elevation, shall be in accordance with the schedule contained in Table 6-1. EXEMPTION: An exemption to the masonry requirement shall apply to existing residential structures, including all permanent structures, which do not meet the masonry requirement. Any enlargement of an existing residential structure, including all permanent structures, shall provide an amount of masonry which matches the adjacent surfaces of the existing structure. Ord, 2284 Table 6-1 Minimum Required Masonry Percentage Residential Districts Zoning District Structrue LL (/) 0 I- :2 Type t9 ~ a:: N C") v <D 00 I'- 0 ~ a:: a:: a:: a:: a:: a:: a:: IJ.. Primary Structures 75% 75% 75% 75% 75% 75% 75% 75% 65% (1 ) Accessory Bldgs. NA NA NA NA NA NA NA NA NA NA (under 200 s.f.) Accessory Bldgs. NA 75% 75% 75% 75% 75% 75% 75% 75% 75% (200 s.f. or more) (1) As established by the approved site plan. B. Masonry Calculation - Masonry construction shall consist of any combination of brick or stone, or if approved by the City Council, other masonry materials. For the purpose of this requirement, the exterior wall surface shall be defined as the area between the wall corners extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shall not be included in the calculation of this requirement. EXCEPTION: The percentage of masonry shall be applicable to the entire exterior surface for all elevations of primary structures constructed in the R-7-MF District, excluding door and window openings. C. Residential Tilt Wall Construction - Masonry tilt wall residential homes shall be allowed only in Single Family Residential Planned-Development Districts. Planned Development Districts construction of tilt wall residences shall be considered only in areas where at least ten contiguous lots are so zoned. For the purposes of this section, any public street, alley or thoroughfare shall not prevent the lots from being considered contiguous. The application for Planned Development, provided by this section, shall include a specific plan for each structure including its position on the lot and the size of each proposed structure. No structure less than 1,400 square feet shall be considered. The application shall be processed as all other zoning or rezoning applications. In processing building permits and inspections in the above PO zone, the Building Official shall require soil tests showing that soil conditions are suitable for this type of tilt wall construction. The suitability, after soil testing, shall be certified by a Registered Professional Engineer as to each lot. The Building Official shall require concrete tests be made for each house using three cylinders for each 25 yards of concrete. Before the final inspection, a statement from a Registered Professional Engineer shall be submitted to the City stating that the structure has been constructed in accordance with the plans and specifications. The exterior of the home shall have a stucco finish and the roof shall be concrete tile or roof with similar weight. The entire exterior surface of the home shall be sealed with a silicone waterproof sealer or synthetic equal to the silicone, and applied per the manufacturer's recommendations. Ord, 2284 2 Section 605. MASONRY REQUIREMENT FOR NON-RESIDENTIAL BUILDINGS A. Required Masonry Percentaqe - The minimum required percentage of masonry on the exterior wall surface of all non-residential structures, as viewed from each elevation, shall be in accordance with the schedule contained in Table 6-2. EXEMPTION: An exemption to the masonry requirement shall apply to temporary classrooms situated on public school property. Table 6-2 Minimum Required Masonry Percentage Non-Residential Districts Zoning District Structure Type ~ o a:: ...J ü N Ü ü o !: ~ ::> o IJ.. Primary Structures 75% 75% 75% 75% 75% 75% 75% 75% (1 ) 75% 75% 75% 75% 75% 75% 75% 75% (1) Accessory Bldgs. (1) As established by the approved site plan. B. Masonry Calculation - Masonry construction shall consist of any combination of brick, tile, stone, concrete block, or precast or reinforced concrete materials. This requirement shall apply to all wall sections on all floors above the finish floor level of the foundation. Note: The area of door and window openings shall not be included in the calculation of this requirement. C. Masonry Reduction with Site Plan Approval - A reduction in the percentage of masonry for a primary structure as required by Table 6-2 may be allowed upon approval from the City Council of a site plan and elevation drawings as prescribed in Section 510, Site Plan Regulations. Section 610. ALCOHOLIC BEVERAGE REGULATIONS Editor's Note: The following information is provided for those establishments engaging in the sale of alcoholic beverages for on premise consumption or the sale of beer for off premise consumption. A. The sale of on-premise alcoholic beverages is lawful only where prepared food is served and accounts for at least 60 percent of the gross sales for said establishment. (See Ordinance 1924) B. A city permit is required for the sale of any type of alcoholic beverage for on premise consumption or for the sale of beer having alcohol content for off premise consumption. Such permit is issued by the City Secretary to eligible applicants. (See Ordinance 1961) Ord. 2284 3 C. Establishments engaged in the sale of alcoholic beverages for on premise consumption must submit to the City Secretary sworn copies of all state sales tax returns and state alcoholic beverage tax returns filed by the establishment. Such records must be submitted prior to January 15 of each year, and must cover the most recent calendar year. (See Ordinance 1968) Section 615. HEIGHT LIMITATION EXCEPTIONS The height regulations contained in the District Regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Section 620. AUTO SHADE COVERS A. For purposes of these regulations the following two (2) types of auto shade covers are regulated: 1. Permanent: A structure, permanently attached to the ground, with a rigid framework which supports a flexible membrane canopy that covers an area of 500 square feet, or more. The purpose of an auto shade cover is to provide shade and / or protection from hail over an area where automobiles, trucks, recreational vehicles, boats, and similar vehicles are displayed for commercial purposes. 2. Temporary: A structure, that is easily moveable, which supports a flexible membrane canopy that covers an area less than 500 square feet. The purpose of an auto shade cover is to provide shade and / or protection from hail over an area where automobiles, trucks, recreational vehicles, boats, and similar vehicles are displayed for commercial purposes. B. An auto shade cover may be constructed within a required front, side or rear yard where vehicles are displayed for commercial purposes, provided said auto cover complies with the regulations contained in this section. C. No advertising sign or logo shall be allowed on the shade cover canopy or shade cover structure. D. No rigid metal, plastic or wooden canopy material shall be allowed for any shade cover canopy constructed under this section. E. The placement of an auto shade cover shall not obstruct emergency access. F. Shade cover structures shall not be enclosed. G. Building permits shall be required for all permanent shade covers. H. All shade covers shall be a solid subdued color. I. All shade covers shall be maintained in like new condition, not faded or torn. Unsightly shade covers shall be removed. Section 622. VISIBILITY SIGHT TRIANGLES No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade. However, this regulation shall not apply to utility poles or traffic control devices unless such utility poles or traffic Ord.2284 4 control devices are determined by the Public Works Director to create a hazardous condition. (See Appendix I, Figure 1-10) A. On corner lots whore two residential streets intereect or where :::I rocidentj:::¡1 street intersects with :::I C 2 U Collcctor Stroct, or larger, the triangul:::lr ::1rea Sh311 be formed by the greater of either, <D extending thc two curb linee from :::In imagin3ry point of interœction 3 die:t::1nce of thirty feet and connecting thœc point£: with ::1n imagin3ry line, thereby m:::lking :::I tri3ngle, or (l) extending the property lines, from thoir point of intersection, ::1 die:t::1ncc of ten feet 3nd connocting these point£: with ::1n imagin3ry linc, thereby making :::I triangle. B. On corner lots where two C-2-U Collector streets intersect, or where a C-2-U Collector street intersects with a C-4-U Collector street, or larger, the triangular area shall be formed by the greater of either, <D extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or @ extending the property lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. C. On corner lots where two C-4-U Collector streets, or larger, intersect, the triangular area shall be formed by the greater of either, <D extending the two curb lines from an imaginary point of intersection a distance of forty feet and connecting these points with an imaginary line, thereby making a triangle, or @ extending the property lines, from their point of intersection, a distance of twenty feet and connecting these points with an imaginary line, thereby making a triangle. D. In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic; however, sight distance shall not be required in excess of 275 feet. Section 625. TEMPORARY USES AND BUILDINGS A. Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project upon application for and receipt from the City Enforcement Officer of a permit. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location. B. Temporary outdoor sales, on properties zoned LR, C-1, C-2, OC, 1-1, 1-2 and U, by the existing occupants of existing businesses of such properties, may be permitted by the City Enforcement Officer for a period not to exceed thirty days, upon the application and granting of a temporary use permit. 1. In no event shall such temporary uses be allowed for more than thirty consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the City Enforcement Officer and/or Fire Marshal for the protection of public interest and the welfare of the community. 2. No tent or similar structure shall be erected in any required setbacks or designated easements. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property, for sales, will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises. Ord. 2284 5 3. The temporary outdoor sale of Christmas trees may be permitted on those properties zoned LR, C-1, C-2, 1-1, 1-2 and U, for a period of forty days prior to Christmas Day. The City Enforcement Officer may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the Enforcement Officer; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4th following the Christmas holiday. 4. Carnivals, circuses and special fund raising events sponsored by a public entity, civic or non- profit organization located within the City may be allowed as a temporary use for a period not exceeding three consecutive days. Except for churches and public or semi-public school sponsored events on their property, such events shall be on a site containing not less than two acres in a non-residential zoning district. Except for public or semi-public schools, only one permit for a carnival, circus or special fund raising event shall be issued to the same civic or non-profit organization within a 180-day period. Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Official. No carnival or special event shall begin operation before 8:00 AM. and operation shall cease before 11 :00 P.M. on all nights except on Saturdays when the event shall cease operation at mid-night. The Building Official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the requested use to the Planning and Zoning Commission. Section 630. TEMPORARY AND PORTABLE TYPE ACCESSORY BUILDINGS Temporary and portable accessory buildings which are not placed on a permanent foundation nor on a corner lot shall be allowed in any residential district or in the AG Agricultural District when located not less than fifty feet from the front property line nor less than three feet from any other property line and shall comply with the following additional requirements: A Heiqht: Maximum of fifteen feet. B. Area: Maximum of two hundred square feet. C. Number Allowed: Two per lot. D. Rear Yard Open Space Requirement: Temporary and portable accessory buildings shall have no effect on the Rear Yard Open Space requirement of the District. E. Special Corner Lot Provision: An accessory building on a corner lot shall not extend across the side setback line adjacent to the side street. F. Use: An accessory building shall not be used for a business or dwelling purposes. Section 635. PERMANENT TYPE ACCESSORY BUILDINGS Accessory buildings placed on a permanent foundation shall be allowed in any residential district or in the AG Agricultural District and shall comply with the following requirements: A Heiqht: Maximum of fifteen feet. B. Area: The total area of all permanent accessory buildings shall not occupy more than thirty percent of the Rear Yard Open Space area. Ord. 2284 6 C. Number Allowed: Two per lot. D. Buildinq Line Requirements: Permanent type accessory buildings shall comply with the minimum building line set back requirements of the Zoning District, except for the following provisions: 1. Permanent type accessory buildings shall be allowed on interior lots in the R-1, R-1-S, and R-2 Districts with a minimum side yard building line of six feet, provided that the accessory building be situated thirty feet behind the front building line. 2. Permanent type accessory buildings shall be allowed on corner lots in the R-1, R-1-S, or R-2 District and, when situated adjacent to a side street on a corner lot, the accessory building shall comply with the minimum side yard requirements of the Zoning District. Permanent type accessory buildings shall be allowed on corner lots in the R-1, R-1-S, or R-2 Districts with a minimum side yard building line of six feet, provided that it be situated thirty feet behind the front building line and be situated on a side yard having an adjacent lot. 3. Any structural attachment between the permanent type accessory building and the main structure shall not exceed six feet in width or be enclosed in such a manner as to contain a controlled climate environment. E. Rear Yard Open Space Requirement: Permanent accessory buildings shall have no effect on the Rear Yard Open Space requirement of the District. F. Masonry Requirement: All permanent accessory buildings containing more than two hundred square feet, in area shall comply with the masonry requirements of the District. G. Easements: No permanent accessory building shall be located within or encroach upon any utility or drainage easement. H. Use: An accessory building shall not be used for a business or dwelling purposes. Section 640. ADDITIONAL AGRICULTURAL ACCESSORY BUILDING REQUIREMENTS Accessory buildings located in the AG Agricultural District and the R-1-S Residential District which are used as stables, barns or for the housing of animals shall be exempt from the height limit and masonry requirement contained in Section 635, Permanent Type Accessory Buildings. Section 645. MECHANICAL EQUIPMENT Swimming pool equipment and similar mechanical equipment shall be so placed as to direct motor and fan noise away from the nearest property line. Mechanical equipment on rooftops shall be screened from all adjacent public sites. Placement solar collectors must have approval of the City Enforcement Officer. Section 650. YARD ACCESSORIES Fences, walls, poles, posts, customary fixed yard accessories and ornaments may be permitted in any minimum required yard subject to height limitations and requirements limiting obstruction of visibility. Section 655. SWIMMING POOLS A. No swimming pool shall be constructed until a building permit has been issued therefor, and shall not be used until a certificate of occupancy has been issued. No building permit and no final Ord.2284 7 certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations. B. All swimming pools shall comply with the following requirements: 1. The pool shall not be located in a front or side yard except on irregular and/or cul-de-sac lots where the City Enforcement Officer may approve a permit for side yard use. 2. The pool shall have a wall or fence, not less than six feet in height, with self-latching gates at all entrances, and completely enclose either the pool area or the surrounding yard area 3. All pool lighting shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties. 4. No audio system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent the use of a public address system which is necessary or useful to the supervision of the pool and the safety of swimmers. Section 660. GARAGE SALES In conjunction with the residential occupancy of a dwelling, the tenants thereof may offer their personal belongings and household effects for sale to the general public in a garage or other accessory building, provided, however, a permit is granted by the city, the interval between such sales shall be at least six months, and no sale period shall extend for more than two consecutive calendar days. The occasional sale of personal automobile, trailer, boat, and like belongings may be allowed without permit. Section 665. MAJOR RECREATIONAL EQUIPMENT No major recreational equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use. Section 670. FRONT AND SIDE YARD STORAGE A. No part of a residential front yard shall be used for parking or storage of any motorized vehicle, boat or trailer unless said is parked on a hard paved surface of concrete or asphalt not less than 9 feet by 18 feet, and the motorized vehicle, boat or trailer is currently licensed and operable. B. No part of a residential front yard shall be used for the storage of any object or material. C. No part of any residential side yard shall be used for the parking or storage of any motorized vehicle, boat, trailer, object or material unless it is screened from view of public streets and adjacent property by not less than a six-foot solid fence. Section 675. ENVIRONMENTAL REGULATIONS The following regulations are intended to control contamination of the air, water, or the environment, and to safeguard the health, safety and welfare of the people. All disposal of waste materials shall meet all the requirements of City, State and Federal regulations and laws. No machines, process or procedures shall be employed on any property in the City, in which: A. Emission of radioactivity, electromagnetic disturbances, smoke, dust, noxious, toxic or lethal gases are detectable beyond the perimeter of the property. Ord. 2284 8 B. Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property; which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic; or have a pH factor above nine or below five. C. Vibration is discernible beyond the property line. D. Direct glare is discernible beyond the property line. Section 680. LOT WIDTHS - IRREGULAR AND I OR CUL-DE-SAC The Planning and Zoning Commission may approve lots of irregular shapes which do not fully meet the lot requirements of the zoning district, provided that each lot have the ability to accommodate proper placement of building structures meeting the minimum floor area of the zoning district. Section 685. MODEL HOMES Model homes are allowed in residential districts with the restriction that a covenant be executed requiring that the garage be returned to its original state, and that the required number of parking spaces be provided. Section 690. SIDEWALKS Sidewalks shall be required on all public streets in all districts, with the exception of AG Agriculture. Section 695. CUSTOMARY HOME OCCUPATIONS Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, providing that all such uses are located in the dwelling, and that no persons that are not a member of the family residing on the premises are employed, and no signs advertising such home occupation are displayed. This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional off-street parking in order to conduct business. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business. Customary home occupations may include, but are not limited to: A. The office of a notary public, accountant, bookkeeper, architect, lawyer, engineer, musician, or artist; B. Care of not more than four children not related by blood, marriage or adoption; C. Dressmaker; D. Washing or ironing; and E. Limited sales or household cleaning products, cosmetics and jewelry. Customary home occupations shall not include the following: F. Barber shops, beauty shops, hairdressers; G. Carpenter shop, electrical shop, plumbing shops; H. Radio and/or TV shops; I. Real estate sales office; J. Tin shops, auto repairing, furniture repairing, or similar uses. Ord. 2284 9 Section 696. LIGHTING Wooden poles shall not be used for the support of lights within the following zoning districts, 01- Office, LR-Local Retail, C1-Commercial, C2-Commercial, OC-Outdoor Commercial, 11-Light Industrial, and 12-Medium Industrial. Ord. 2114,4/8/96 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26TH DAY OF MARCH 1997. (\ /J /2 " /dfw¡ U.~ ~~~~ Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Ord. 2284 10 PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DAY OF APRIL 1997. ~.1.~_.~~ ----¡ÿfayor~City of N¡h Richland Hills, Texas ATTEST: ./::7) ... .1, / j _ ~ __ .qd!Zt6(¿;[ ~ City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: ) '~ D...l,v:\.. '''f (")C~ Director of ~anning and Inspections Ord. 2284 ] ]