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HomeMy WebLinkAboutOrdinance 0179# I-79 1967 ZONING ORDINANCE ^f CITY OF NORTH RICHLAND HILLS AN ORDINANCE ESTABLISHING ZONING DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND ADOPTING A ZONING MAP DISCLOSING THE LI" SEVERAL DISTRICTS AND USE AREAS AND THE RESTRICTIONS AND LIMITATIONS ob AND PROVISIONS APPLICABLE TO SUCH DISTRICTS AND AREAS; REGULATING 0 THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER 0 ;n STRUCTURES; THE SIZE AND PERCENTAGE OF LOTS THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE DENSITY OF POPULATION; THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND THE LAND FOR TRADE, INDUSTRY, RESIDENCES AND OTHER PURPOSES; AND DIVIDING THE CITY OF NORTH RICHLAND HILLS INTO DISTRICTS? AND REGULATING THE ERECTION, CONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS¢ PROVIDING UNIFORM REGULA- TIONS FOR THE SEVERAL CLASSES OR KINDS OF BUILDING OR STRUCTURES, AND USES, SPECIAL AND GENERAL, WITHIN THE RESTRICTIVE DISTRICTS; PROVIDING FOR OFF - STREET PARKING AND LOADING REGULATIONS, SPECIFIC USE PERMITS; PROVIDING FOR BOARD OF ADJUSTMENT AND EXCEPTIONS AND VARIANCES; PROVIDING FOR A METHOD OF ENFORCEMENT AND PENALTIES, FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; PROVIDING FOR THE INTERPRETATION OF Y THE ORDINANCE, AMENDMENT AND CHANGES, REPEALING CONFLICTING Uj ORDINANCES, A SAVING CLAUSE AND DECLARING AN EMERGENCY. E.: WHEREAS, On January 6, 1958, the City Council of the City of North Richland Hills, in accordance with State Law, adopted ::j a Comprehensive Zoning Ordinance which classified the area within F.: . ' the city limits into five (5) general use classifications or districts and since then, from time to time, additional territory has been added to the City of North Richland Hills by annexation• and, -1- WHEREAS, through experience and administration, the City Council is of the opinion that the Ordinance as originally adopted, providing five (5) general use districts or class.ificat.ions, no longer subserves public interest and affords sufficient protection for the general welfare of the citizenship and the peaceful enjoy- ment of their homes and properties; and by reason thereof, the City Council requested the City Planning and Zoning Commission to conduct a study of the Zoning Ordinance as it existed and the City Planning and Zoning Commission has, after study of more than eighteen (18) months, and after holding a joint public hearing with the City Council, as provided by law, filed with the City Council of the City' of North Richland Hills, on the 13th day of November, 1967, a re- Is vised Zoning Ordinance and map dividing the City into eleven (11) use districts and has recommended to the City Council the adoption of such ordinance and zoning district map, and that the Ordinance of January 6, 1958 be repealed; and, WHEREAS, the City Council of the City of North Richland Hills did give public notice by publishing on the 3rd day of October, 19671 in the Daily News Texan, the official newspaper of the City of North Richland Hills, a newspaper of general circulation in said city, the proposed revised Zoning Ordinance, together with the accompanying map and setting a public hearing thereon on the 23rd day of October, 1967, and by ordinance on the 9th day of October, 1967, provided for a joint hearing between the City Planning and Zoning Commission and the City Council to be held on the 23rd day of October, 1967, and did send written notices of this joint public hearing of the City Ma 0 Planning and Zoning Commission and the City Council by mail on the 11th day of October, 1967, to all real property owners in said city as the ownership appears on the last approved city tax roll, and the joint public hearings were conducted until every person whose property was affected or who had any interest in the matter had an opportunity to be heard, and fair and complete hearings were offered all who desired to be heard, and said hearings were officially closed, first by the Chairman of the City Planning and Zoning Commission, and thereafter by the Mayor of the City of North Richland Hills, at which time the Chairman of the Planning and Zoning Commission pre- sented the final report of said Commission, wherein the Planning and Zoning Commission recommended adoption of the Comprehensive • Zoning Ordinance and Zoning Map, as revised, be adopted, and, said .7 final report having been signed by the Chairman and all members of the Planning and Zoning Commission, was presented to the Mayor and the City Council of the City of North Richland Hills on the 13th day of November, 1967, and after duly inspecting this proposed revision of the Zoning Ordinance and Map, found same to represent their best judgment and opinions so as to promote the health, safety, morals, general welfare and convenience of the people, at which time the City Council adopted and approved the Comprehensive Zoning Ordinance and the Map, as revised, all members present voting for approval thereby adopting the Comprehensive Zoning Ordinance to- gether with the map conforming to said Ordinance in its final forms -3- 0 � 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: That Ordinance Number 33 of the City of North Richland P� Hills, Texas, known as the Zoning Ordinance of 1958, and the amend- ments thereto, including the Zoning District Map, except as specific- ally provided herein, are hereby repealed and a new Ordinance with Lai Zoning Map attached is hereby enacted in lieu thereof, to read as follows: ARTICLE I 0 PREAMBLE - PURPOSE AND OBJECT OF THE ORDINANCE Section 1. The zoning regulations and districts as herein established have been made in accordance with a comprehensive master plan for the purpose of promoting health, safety, morals and the general welfare of the City of North Richland Hills. They have been designated to lessen congestion in the streets, to secure safety from fire, panic and other danger, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concen- tration of population, to facilitate adequate provisions of trans- portation, water, sewage, schools, parks and other public require- ments. They have been made with reasonable consideration, among other things, for the character of district and for its peculiar suitability for particular uses, and with a view of conserving the value of the buildings and to encourage the most appropriate use of Pa9 the land throughout the City of North Richland Hills, Texas. -4- • ARTICLE II TITLE Section I. This Ordinance shall be known as and may be cited and referred to as the "Zoning Ordinance" to the same effect. ARTICLE III USE DISTRICTS AND ZONING MAP Section I. The City of North Richland Hills, is hereby divided into eleven (11) types of classified districts. The use, height and area regulations as set out herein are uniform in each district. The eleven districts established herein shall be known ass Abbreviated Designation Zoning District Name AG Agricultural District 1 -F -12 One - Family Dwelling District 1 -F -9 One - Family Dwelling District 1 -F -7 2 -F -9 One - Family Dwelling District Two - Family Dwelling District MF Multiple- Family Dwelling District NR Neighborhood Retail District LR Local Retail District C Commercial District I Industrial District PD Planned Development District F. P. prefixed to any district designates a subdistrict subject to the provisions of Article VII. Section 2. The boundaries of these Districts are in- dicated upon the zoning map of the City of North Richland Hills, which is adopted with a declared to be a part of this ordinance. All notations, references and other information shown upon said zoning map are hereby made a part of this ordinance and shall be considered as much a part of the same as if the matteres of infor- mation set forth thereby were all fully contained and described herein. Said map shall, on its face, be identified and verified -5- in the manner following: Said map shall bear the title, "ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS "s it shall bear even date with the final reading of this ordinance; and it shall be attested by the signatures of the Mayor and the City Secretary. The original of said map shall be kept in the office of the City Secretary in the Municipal Buildings. Suction 3. No land shall be used for and no building shall be erected for, or converted to, any use other than provided in the regulations prescribed for the District in which it is located, except as hereinafter provided. ARTICLE IV PURPOSE OF ZONING DISTRICTS Section 1. Each zoning district herein established is provided for a specific purpose or in accordance with a comprehensive plan for the location of various types of uses throughout the City, as follows: 1 -F -12 - Single- Family District: There exists in certain parts of the City of North Richland Hills many fine large homes on lots larger than now required by ordinance. To conserve the character of the areas and the value of buildings located therein and to provide for the gradual expansion of such residential development in accordance with the need and a compre- hensive plan for various types of residential districts, the 1 -F -12 Single- Family Districts are provided. These districts are SsM 0 intended to be composed of Single- Family Dwellings together with n �J public and parochial schools; churches and public park areas to serve the neighborhood. The sections designated in the 1 -F -12 Districts are limited in area and are not intended to be sub- ject to major alterations by future amendment except at the fringe of such districts where minor adjustments may become appropriate to permit the reasonalbe development of vacant tracts or the gradual transition from other districts. 1 -F -9 - Single- Family Districts: This district comprises a major portion of the existing single- family dwelling development of the city as developed under the old "A" Residential District and is considered to be the proper zoning classification for large areas of the undeveloped land remaining in the city appropriate for single - family dwelling use. This district is intended to be comprised of single - family dwellings together with public and parochial schools, churches, public parks, essential to create basic neighborhood units. Limited portions of such neigh- borhood units may consist of denser residential zoning classifica- tions which are shown on the Zoning District Map or which later may be created by amendments to such map. 1 -F -7 - Single- Family Districts: This classification creates a single- family dwelling district which is appropriate in area requirements for moderate value single - family housing development and would, at the same time, provide a reasonable standard of light, air and similar living amenities. -7- • 10 • 2 -F -9 - Two - Family Dwelling Districts Two- family or duplex dwellings will play a more dominate role in the future development of the City of North Richland Hills as the City increases in population. This district is appropriate for and is intended to be used for spacious type two - family dwelling units designed as part of a residential neighborhood. MF Multiple- Family Dwelling District: This district provides for the development of medium density apartment areas suited for a suburban community where garden or family type apart- ment units will dominate this type of development. The area re- gulations are designed to protect the residential character and to prevent the overcrowding of the land by providing minimum standards for building spacing, yards, off - street parking and coverage. It is anticipated that additional areas may be designated in the MF District from time to time in the future where such change is appropriate and access and utility services can reasonably accommodate the increased density. These districts should be located in close proximity to major thoroughfares and pref errably adjoin business zoned property. NR Neighborhood Retail District: This district is a limited retail category intended for use near neighborhood areas for purposes of supplying day to day retail needs of the residents such as food, drugs and personal services. The NR Neighborhood Retail District occurs often at limited corner locations in existing developments and intended for small service areas in new developments. IM LR Local Retail District: The local retail district provides a uniform set of standards for modern shopping centers, development including requirements for permanent screen- ing, off - street parking and building set - backs. In as much as the LR, Local Retail District, occurs in close proximity to residential development, building set -backs and screening require- ments are included to achieve a compatible relationship between the retail development and the adjacent residential areas which they are intended to serve. It is anticipated that from time to time, additional LR, Local Retail Districts, will be applied to the zoning district map where such retail service is required to serve developing residential communities. These areas should primarily be located at the intersection of major thoroughfares. "C" Commercial District: Part of the existing strip business development consists of uses related to the automobile, including drive -ins or curb service catering places, used car lots, repair garages, amusements, and repair and service uses not compatible with retail shopping areas and tend to obstruct and interfere with shopping functions.. To accommodate this type of development and to encourage the most appropriate future use of land, the "C" Commercial District is provided. This district should be generally limited to freeway frontage or frontage on extra heavy traveled highways which are part of the city's major thoroughfare system. "I" Industrial District: Industrial development, particularly of the distribution and light processing types, will represent the basic foundation of industrial development within the City of North Richland Hills and is expected in the future as the U 0 city continues to increase in population and becomes a more important factor in the metropolitan labor market and as planned freeway development is completed within the general area providing easier access and quicker distribution. For this purpose, the "I" Industrial District was created to permit all legal manufacturing and industrial uses except those enumerated in paragraph 36 of Article VI. All types of housing development other than that for caretaker or watchman are excluded from the "I" Industrial District. PD, Planned Development District: In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers with office and housing elements, special industrial districts, housing developments or any similar developments, a PD, Planned Development District is provided. This district is intended to be applied to the district map as an amendment to the Zoning Ordinance. Certain maximum and minimum standards are specified for various use categories and certain standards such as yards, coverage,, building spacing are to be determined by the design. Specific development conditions and development schedules can be enforced with respect to a PD, Planned Development District and failure to adhere to a development schedule can be the basis of removing all or part of a PD, Planned Development District from the Zoning District Map. The purposes of the PD, Planned Development District are to achieve flexibility and variety in the physical development pattern 0 of the City, to encourage a more efficient use of open space and to encourage the appropriate use of land. It is intended that -10- • C] cognizance be taken of the surrounding property and the proper protection of such property be given in locating and approving any PD, Planned Development District. "AG" Agricultural District: There exists in certain fringe areas of the City of North Richland Hills, land which is presently used for agricultural purpose and to which urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes in conformity with the orderly growth of the City. The uses permitted in the AG Agricultural District are intended to accommodate the normal farming, ranching and gardening activities. It is anticipated that all of the AG Agricultural District area will be changed to other urban zoning categories as the area within the Corporate Limits of North Richland Hills becomes fully developed. Newly annexed territory shall be temporarily zoned as "AG" Agricultural District until permanent zoning is established. FP, Flood Plain Districts A zoning district designation appearing on the Zoning District Map may be preceded by the prefix FP indicating a subdistrict. Such indication shall apply to zoning districts located in low lying flood plain areas along major streams and drainageways in the City of North Richland Hills which are subject to periodic inundation and are unsuitable in present form for use as a building site. The area designated in a FP Subdistrict may be used only for those following uses listed in Article VII until the area or any portion thereof located in the FP Subdistrict is certified by the City Engineer as being suitable for the uses permitted in the general district and it has been deter- -11- mined that building construction would not create an obstruction to drainage nor a hazard to life or property and that such use or construction is not contrary to the public interest. "S" Specific Use Permits: Certain uses, because of their nature and existing loation, are not appropriate for categorizing into specific zoning districts. Such uses include among others, utility installations, colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs and private clubs. To provide for the proper handling and location of such specific uses, provision is made for amending this ordinance to grant a permit for a specific uses in a specific location. All uses for which Specific Use Permits may be granted are • shown on the Use Schedule, Article VI. The procedure for approval of a Specific Use Permit includes a public hearing and the amending ordinance may provide for certain restrictions and standards of operation. The indication that it is possible to grant a Specific Use Permit in the Use Schedule does not consitute a grant of privilege for such use nor is there any obligation to to approve a Specific Use Permit unless it is the finding of the City Planning and Zoning Commission and City Council that such specific use is compatible with adjacent property use and consistent with the character of the neighborhood. ARTICLE V NEWLY ANNEXED TERRITORY Section 1. All territory hereafter annexed to the City of North Richland Hills shall be temporarily classified as "AG" Agricultural District, until permanent zoning is established by -12- the City Council of the City of North Richland Hills. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. Section II. In an area temporarily classified as "AG" Agricultural District: 1. No persons shall erect, construct or proceed or continue with the erection or construction of structure or add to any building or structure or to be done in any newly annexed territory to the Richland Hills without first applying for and ob- permit or certificate of occupancy therefor from Inspector or the City Council as may be required any building or cause the same City of North taining a building the Building herein. 2. No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted in the "AG" Agricultural District, unless and until such territory has been classified in a zoning district other than the "AG" Agri- cultural District, by the City Council in the manner provided by law except as provided in Paragraph (3) following: 3. An application for a permit for any other use than that specified in Paragraph (2) above shall be made to the Building Inspector of the City of North Richland Hills and by him referred to the City Planning and Zoning Commission for consideration and recommendation to the City Council. The City Planning and 0 Zoning Commission is making its recommendation to the City Council concerning any such permit shall take into consideration the appropriate land use for the area and the Comprehensive Land -13- 0 Use Plan for the City of North Richland Hills. The City Council • • after receiving and reviewing the recommendations of the City Planning and Zoning Commission may, by majority, vote to authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. MOM A R T I C L E __V_T SEC T I O N I USE OF LAND AND BUILDINGS LAND AND BUILDINGS IN EACH OF THE FOLLOWING CLASSIFIED DISTRICTS MAY BE USED FOR ANY OF THE FOLLOWING LISTED USES BUT NO LAND SHALL HEREAFTER BE USED , AND NO BUILD- ING OR STRUCTURE SHALL HEREAFTER BE ERECTED ALTERED OR CONVERTED WHICH IS ARRANGED OR DESIGNED OR USED FOR OTHER THAN THOSE USES SPECIFIED FOR THE DISTRICT IN WHICH IT IS LOCATED: - A IF-12 IF -9 IF -7 2F -9 .MF NR LR C I PD 0 A. v _11 J �`' C� C� �v �� O QUO 00 AT, TYPE OF USE v �? �v� ��� ��� ``\� ��` `v oQ� J� Q �v v �� c,Q" O% b, 0� 0 0� a ,� o J •�' Q' 0 o Q' co Qv o One-Family Dwelling : <•. :? ? r;;•... r. ';• :; i _. ^.i:::• : � ' •': -; ::� .:r :�+: r••,;: ~: ,:'• ;�.; %•�; ..• :. :�:;�. '� •:. `�.':yl :«'t ;• W '��. '•r•. .•.. {':i••'• F•�J tr:i .f�J•::� t�:w•:� �,..�:��' :.' .. ,:�t'.r�.! •;• L�. Two - Family Dwelling�;� __L ':�; r j•�r -.- :' :,;r).': QMultiple - Family or •`' :\` :. - •�,, �;.: �,::.;•��; :zr.� ',� - �,`��,` �. "'— Apartment Building •�,: :•• �►;;� � .!. ,, ;, -. ,. '' i�.•�:';' �., ., :;: •.;: -:'•. lr,^L'� Apartment Hotel ` f ti:r. : }!';• t? •, viii •r. •',• :, ,J' •� `i ��t, '. •1•'•� U j Community Unit Development (1) , cc S S S S S •1•l t•,, Boarding House S S S S S S S '••r.:;.:;;r: �i : ;:'• °.r'f' c Rooming House S S S S :, °.' •~ • Trailer Camp or ; -� '" ' � • :': :�,: �;:� Mobi le Home Park S S S S g S S S S S Airport, Heliport or Landing Field S S S S S S S S S S Cemetery or Mausoleum S S S S S S S S S S S Church h or Rector •.1:� ° =j!•r��. :-I.� .t'• t` %,: `'I� '` %L:�. :J1'f• ;i. i!•f''�•',I• .I �. '�., : \. �•: •i•• .r. : >• t::' t,.- �:: c: •'=:: 7:`s `_ •,, •,', ! 1f... ,.. 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L:,� tj '•. : it'�''� :,'r• '�. •�. :t• '�• .4 ••�' ••t :: ✓••.y ti t. t J; .J .•' .t •.i•:: r ,'j..: '•1, .S..J. .r• •7• ;/, '•�.,�. , ,i :. ,�, '• :1' /. r, •r. �. W Orchard (5) ''•, it .: :•L' �',: .�� i, \)Y: . i•• .l•. .r' • t ��' \t" ►:. , ..: ::• 0. �•�'� /,••' t.� ;i.�. 'j• �: a•Zr •, •f:'it'i "��� :i' '•' i:' 'i;•,- '�i' -. t,••!::•; F`,. / i.••'r• '.`�: �' �.• • \• •i. .l.yi fit,, •�•• •••� i.•• :.l •1. •:' L•! Fraternity or Sorority ::'.; .•• .•;,; .!- Nome for Care of alcoholic .,. :, ,• .j• .1. .r. 'r. i , r .�• •'• ',�• ••,`f•K'' ;`'; , narcotic or psychiatric patients S S S S S S Hotel or Motel Hospital (general acute care) (6) S S S :' `�.,` _; ti'r•:. .'; ? .:..:;.. S... .: .i 1: �I •• Hospital (chronic care) (7) �� '; ~ �'•''• •,: •;• �- '�` •.: � ;; �. / -� ; :s; :• V Institutions of R i,: -- �• -.t' %' �r "%`., ••��' eligious or •:,• :i. try: `' -� :':.s °�.i;.• Philanthropic ature is :�..•..;�::.. �...•: ; ;;:,,,,.•! • _.. ._� - ::1...,�.,,•;. .....,•• , _.:... 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I - . ..., • - . .. ..., - . - . ..1' P.. I. :. ..... . :.... - ..: ", • .... .. ♦ •• ,, - - . . . �.: ' ... '. - 1. -s - - .-.-.-:- - (n Sewage Treatment Plant I - - - . . : : .. _ .%' , .. . I - S . IR I S ... . - - S - S I - . I .-. . .. .... . '. . - .. .. . . :;,� " � • .Tt : * .. .W - - -'-*. , : . .. . . . _ ... . . .1 . t ..... - ;-- . - .','.'. ; ..'.., 1 _. . - . . . .. .... * - It I, :�4.-'__,.. .. -. ". .:`-.,.I.*­. . ..: !. ' _ - - . - - _- - - : I % ,.--. . . . . . ::..! , %' � , " .1j - '.. . I t . . . � . . . . .... . I - ., -.%, I - - _... I ' *11 1 .`;%.�-- . . 1 t. ! ; ." - * .. �. . I - " I . . ­ .. ­ . Public or Private Utilities . ...-.-.- j .1 . . 6 . - . ! S S S S .. .. I .. .% V . .� .. ... - ! ol . . . . .. � .... .. * . . . � . . O.. - - .. . - . I 1. .. i, - . - _­ . -;-. - .1.1. . ,.-.-", . --''7-. ... . ,�-' - .� ... : . V_ .... i . . -! . C . .... : J:,... I -, ". ­ .,.. ........­.I. . - - - .. _­-._.� ' . . . .. 6.'.-.* -;-.!;.'.' C : I - , -; -:-.�! .-..T. 7 7 * , I. . , i" U I 1. ... _... . , , .. . . .! .. . .�%,_. .-- . � . ..,.,;. - . I * *' - . .. " ," . ►.. - a Private Club (16) . ­-I­,.-,;.:. * . .-.­..._ . . - . - . . * .... ..,.'' . , . . .... ..... , ::... . ..:­*.., . . - - . ..;.. . ... . TYPE OF USE Commercial Auto Parking Lot Truck Parking Lot New or Used Car Lot (open) Auto Sales and Repair cn Automobile Painting & Rebuilding W Auto Laundry W Drag Strip or Commercial Racing W Go-Cart Track m 0 4W Wrecking or Salvage Yard C Used Auto Parts, Sales in Q Building Gasoline Service Station Tire Retreading & Capping New Auto Accessory & Parts Sales Store Seat Cover & Muffler Installation Shop Antique Shop Bakery, Retail Sales (22) m W Cn Bowling Alley (23) W Q_ Cafeteria W Cleaning, Dyeing and Pressing V Pick -up Station Custom Personal Service WShop (24) CO Candy or Cake Shop I Drapery Shop W Cr Florist and Garden Shop Greenhouse or Nursery For Retail Plant Sales (25) A F -12 1F -9 IF- 7 2 F -9 M F NR AR C I PD Al CD '4 v Q' Q. v Q �� OQ- �v Q� V� Q3 A�r p 0 0 0 p p O JQ .� Cj Q O All '. i•,� �. .ii' �.� •mot �'•. ..1. ,_..: S �0 ■ A 1F -12 IF -9 IF -7 2F -9 MF /NR l_ R , C I P C' v TYPE OF USE J 4�' 4Z- �� �� J� J� ,0,� �v �� �� J v C� ��' Q �� p 0� O ,t p J� �- Q Q :� �`t � O � �� v ��► Qv p�v Handcraft Shop ° ��, :�• ,: ,.• :,.,,; ;.- ... Household Appliance Service and '' ;: ',` : ;• •; Repair Shop (26) �'•' t''; .;.. ;.��: -�;,., _:;-::: ::t Laundry and Cleaning Self- Service ' _ ' %r1� '• ' `.; ' ' W Automatic (27) Mimeograph, por Letter `) ; �.;��, ,: ''i: /. ,,` � ' r��= �'� �, ; "' _ -- %:• W Stationery •• ,. ; Mortuary and Funeral Parlor :: •' '` _;;�`i ?,'` «r,'� `'�'' Offices, Professional and ' ' •: ' '' Administrative ,::r •i: Cr Restaurant without Drive -in Service �:i : :'.';; : •�' �. ►:•;;l:' " f "'�; . :: : ,-:. :\ c' ;; ' .;�•.c:;+ .:. ,•' „�. ' ' ;:•. ”' is :;': -_: -. it : J' :, Retail Store d rho San ps offering -•:.: a•.�. ;;;'� •':�:'' '% :,: ••• w: :'t.' • '•�.;.',.. .'._ -..: •c:�• ..± ;.,•�.••;_ ,•. '.: J goods for sale (28) , .., R..:� ,: •F : .: •�. ., �: .i:. . ,' ;;,. W Signs for Neighborhood Retail (29) '• `�:'''��'�;� ' ��'': • ; .':�' :: �' `' ' 1' Cr Studio for Photographer ,'. :.; ';:•., . '. •.. _. .�., .�;f•..: :• .�. Musician o r Artist .\ � •'fit ' ••'' _,: ::• r •\.• ;, •.:-•i t. '.;�:. t�,�'':. '•'� •,• :; '.f fit' :l j� t' •',''' •:i `•� Studio for Radio or Television Bakery and Confectionary '' ',1'•• Commercial Wholesale :�:'' %�'' `,•� ' Billboard and Advertising Sign '•' %'.' c`'r ="'' Bottling Works Building Material Sales ' %� �'•_'' Cabinet or Upholstery Shop ,,,: •. �,, •• Cleaning and Dyeing Plant Commercial (31) cr ., Cleaning Plant Carpet and Bags (with special equipment) (31) f:.�. -.,t." ., •1,.;;; ::`,:; CIO '; . �; r..'. '' �' ,� ��'' �•. ,�;`'. Contractors Shop and Storage :, :.• '• '•:i :... Yard + al Am use Commercial Amusements '' ". ` ;: �., ,..,:..� - - • ..••.,- .,. (Indoor) ::±: �: _ ., ./•; Commercial Amusements W :. � "...'' �'•: -, .. ':':• .:,,i. (Outdoor) (32) 0 Dance Hall, Public Drive -In Restaurant Drive -In Theatre Engine and Motor Repairing ; ; 46 �• TYPE OF USE Feed Store Heavy Machinery Sales and Storage Job Printing Laundry and Dry Cleaning Plant (commercial) Milk Depot, Dairy or Ice Cream Plant Newspaper Printing Paint Shop (33) U) W Plumbing Shop Cn W Railroad or Bus Passenger V Station Railroad Team Track, Freight W Depot and Docks Scientific and Research Laboratories J Storage and Repair of Furniture Q and Appliances Inside a Building V Storage and Sale of Furniture LLJ and Appliances outside a Building (34) 0 O Storage Warehouse 0 :Trailer Rental or Sales Trade and Commercial Schools Transfer Storage and Baggage Terminal Veterinarian Clinic and Kennels Warehouse Wholesale Office and Sample R oom Light Manufacturing Processes Cn (35) W I Asphalt Paving Batching Plant J Q Concrete Products Manufacture cc U) D Concrete Batching Plant 0 Z Any Manufacturing, Industrial or Storage Process Not Prohibited by Law except those specifically mentioned in Arf;C le % (36) A IF -12 IF -9 1F -7 2F -9 MF NR LR C I A. PD p � O '� C1 O� -19- 1� 1� 1� minim "M� Im Section II. Special Definitions and Explanations Noted in Use Regulations 1. CommunitZ Unit Development - Shall r _ mean a related group of residences with associated uses .including a private community center which conforms to the type of residences and uses which are permitted in the. district in which the development is located and which are planned as an entity and subject to a es ign, development and regulations as a sinqle related and unified residential development by a single owner or a group of owners acting jointly. The area, density and site requirements on .individual dwellth g s may vary from the standard of the district in which the Community Unit Development is located but the overall density standards for the district shall be observed. Housing permitted within the Community Unit Development shall conform to the district in which the development is located a one- family dwelling - detached, is a free-standing building having a s.inq.le dwelling unit and occupied p d by not more than one family and a two family dwelling (duplex) is a free -- standing building g having two dwelling units, each buildin g with separate services and utl iities and occupied by not more than two families. The Community Unit Development conforming housing, shall be rocess P ed as a Specific Use Permit. -20-- Section II. Special Definitions and Explanations Noted in Use Regulations, 1. Community Unit Development - Shall mean a related group of residences with associated uses including a private community center which conforms to the type of residences and uses which are permitted in the district in which the development is located and which are planned as an entity and subject to design, development and regulations as a single related and unified residential development by a single owner or a group of owners acting jointly. The area, density and site requirements on individual dwellings may vary from the standard of the district in which the Community Unit Development is located, but the overall density standards for the district shall be observed. Housing permitted within the Community Unit Development shall conform to the district in which the development is located, a one - family dwelling - detached, is a free - standing building having a single dwelling unit and occupied by not more than one family and a two family dwelling (duplex) is a free-standing building having two dwelling units, each building with separate services and utilities and occupied by not more than two families. The Community Unit Development conforming housing, shall be processed as a Specific Use Permit. -20- A Community Unit Development, where the overall density standards and building types proposed will vary from those of the district in which the Community Unit Development is located, shall be known as a Community Unit Development, non - variable housing and shall be processed as a Planned Development District, 2. Collette` University or Private School - An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commerciallachools. 3. Day Camp S Private - A recreational area, with or without buildings, where children engage in supervised training and recreation during day- light hours. 4. Day Nursery or Kindergarten School - An establishment where four (4) or more children are left for care or taining during the day or portion thereof. 5. Farm, Ranch, Garden or Orchard - An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for th-e raising thereon of the usual farm poultry and farm animals such as -21- horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commerical feeding of offal or garbage of swine or other animals and not .including any type of agriculture of husbandry specifically prohibited by ordinance or law. 6. Hospital (Acute Care - An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas. 7. Hospital (Chronic Care) - An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a pro- longed or permanent basis and which is licensed by the State of Texas. 81 Residence Home for Acted - A home where elderly people are provided with lodging and meals with or without nursing care. 9. School, Public or Parochial - A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not -22- • including private or trade or commercial schools. 10. Tennis or Swim Club - A private recreational club with restricted membership, usually of less area than a Country Club, but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public. 11. Railroad Track and Right -of -Way - but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas. 12 Telephone Line and Exchange, but not including public business facilities storage or repair facilities. 13. Accessory Building - In a retidence district, a subordinate building, attached or detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or green- house as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business. 14. GuestHouse, Detached - A secondary structure on a lot or tract containing dwelling accommodations, but excluding kitchen facilities and intended for the temporary occupancy by guests and not for rent or permanent occupancy. -23- 15. Mille Occupations - A home occupation is an — P occupation customarily carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased traffic, light or smoke. 16. Private Neighborhood Club - Quarters for a private neighborhood organization made up of . residents of a specific area and may include social and recreational facilities for members only. 17. Private Stable - An accessory building for quartering not to exceed four (4) horses on a farm where set -backs of all property lines are a distance of one hundred (100) feet. 18. Community Center (Private) - A central social and recreational building as part of a housing project or community unit development, but not including tennis or swim club facilities. 19. Signs, Church and Schools - Name plates and bulletin boards for schools and churches, but not exceeding eighteen (18) square feet in area and not of a flashing, intermittent, revolving or similarly lighted type. -24- 20. Signs, Real Estate - Temporary signs pertaining to the sale or rental of property not exceeding eighteen (18) square feet in area and advertising property only for a use for which it is legally zoned. 21. Temporary Field Offices - Portable building or temporary building used as field office for a real estate development or construction project and subject to removal at direction of the Building Inspector. 22. Bakery - preparing, baking and selling all products on the premis6s where prepared. 23. Bowling Alley - with air conditioned and acoustical control of noise. 24. Custom Personal Service - such as tailor, shoe -, repair, barber, beauty shop, health studio or travel consultant. 25. . Greenhouse or Nursery - the display of plants offered for sale must be behind the front yard line established in the district in which the nursery or greenhouse is located. 26. Household Appliance Service and Repair - .including radio and television, but not .involving the use of equipment which generates noise, odor or electrical frequencies so as to interfere with the use and toenjoyment of adjacent property. -25- 27. Eauipment in Self- Service Laundry and Dry Cleaning Establishment - to be of similar size as customarily found in the home and of the customer self - service type and not a commercial laundry or cleaning plant. 28. Retail Stores and Shops offering all types of consumer goods for sale, but excluding the dis- play and sale in the open outside a building, of new or used automobiles, heavy machinery, building' materials, used appliances, furniture or salvage materials. 29. Signs announcing the name of an establishment or commodities sold on the premises. In the neighborhood Retail District, such signs shall be placed flat against the building on the parapet and shall not extend more than twenty-four (24) inches out from the face of the building or such signs may be erected as freestanding or similar detached signs, but no such signs shall be of a flashing, revolving or intermittently lighted type. Signs not exceeding six (6) square feet in area identifying the entrance or exit to parking areas and not projecting into the public right -of -way of any street, alley or place are permitted. 30. Studio for radio or television, but not including 0 transmitter stations or broadcast towers. IWOM 31. Cleaninq Plant - no direct exterior exhaust from cleaning plant permitted and dust must be controlled by either bag or filter and separator or precipitator so as to eliminate the exhausing of dust, ordor, fumes or noise outside the plant. 32. Commercial Amusements - Outdoor, such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities, but not including go -cart racing, drag strips or auto racing. 33. Paint shop including all cooking or baking of varnish, paint or lacquer. 34. Outside Storage - all exterior display of furniture appliances or similar material must be behind the front yard line established in the District in which the use is located. 35. Any manufacturing processes which do not emit dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon W. which the use is leeated and which do not generate noise or vibration at the boundary of the "I" District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. 36. The following manufacturing, industrial serving and storage process are excluded from the per- mitted use category in the "I" Industrial District. -27- which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a Flood Plain Prefix "FP" and shall be subject to the following provisions. Section II. The following uses shall be permitted within that portion of a district designated with a Flood Plain "FP" Prefix: (a) Agricultural act.iVit.ies including the ordinary cultivation of land or legal forms of animal husbandry. (b) Off - street parkizrg incidental to any adjacent main use. -28- (a) (b) Animal slaughtering or chicken killing Acid manufacture (c) Ammonia Manufacture (d) Carbon Black Manufacture (e) Cement, lime, gypsum or plaster of parts manufacture (f) Chlorine Manufacture (g) Cotton Gin or Compress (h) (i) Explosives storage or manufacture Glue (j) and fertilizer manufacture Petroleum and petroleum products refining and manufacture (k) Petroleum tank farm (1) Petrochemical plant (m) (n) Quarry, caliche, gravel, sand excavation Rendering Plant (o) Tanning, curing, treating or storage of skins or hides (p) Any use which due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire is presently or in the future is determined a hazard and subject to special control. ARTICLE VII FLOOD PLAIN PREFIX Section 1. To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a Flood Plain Prefix "FP" and shall be subject to the following provisions. Section II. The following uses shall be permitted within that portion of a district designated with a Flood Plain "FP" Prefix: (a) Agricultural act.iVit.ies including the ordinary cultivation of land or legal forms of animal husbandry. (b) Off - street parkizrg incidental to any adjacent main use. -28- i(c) Electrical substation. (d) All types of local utilities. (e) Parks, community centers, playgrounds, public golf courses. (f) Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by Specific Use Permit. (g) Private open space as part of a Community Unit Development. (h) Heliport or Helistop when approved by Specific Use Permit. Section III. No permanent building or structure shall be • erected in that portion of a district designated with a Flood Plain "FP" Prefix until and unless such structure has been approved by the Director of Public Works who will ascertain that such building or structure would not constitute an encroachment hazard or obstacle to the movement of flood waters and that such construction would not endanger the public health and welfare or v &lue and safety of the property. Section IV. Any dump, excavation, storage or filling operation within that portion of a district having a Flood Plain "FP" Prefix shall be approved in writing by the Director of Public Works before such operation is begun except that such approval shall not be required for the .improvement or repair of levees or drainage facilities related thereto when such are located within a legally 0 constituted district charged with such responsibility. MPAM 10 • Section V. An area may be removed from the Flood Plain Prefix designation when, by the provision of drainage works, grading, flood protection, or specific drainage study, it is determined by the Director of Public Works that the flood hazard has been alleviated. Removal of the Flood Plain Prefix shall be accomplished by written notification by the Director of Public Works to the City Planning Commission setting forth the description of the area from which the Flood Plain "FP" Prefix should be removed. ARTICLE VIII PLANNED DEVELOPMENT DISTRICT Section 1. The purpose of this district is to accommodate planned associations of uses developed as intergral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single- family dwellings or any appropriate combination of uses which may be planned, developed and oprated as integral land use units either by a single owner or a combination of owners. Section II. The City Council of the City of North Richland Hills, after public hearing and proper notice to all affected property owners and after recommendation bythe City Plan Commission, may authorize the creation of a Planned Development District on sites of five (5) acres or more to accommodate various types of developments and conditions of development as listed in the Use of Land and Building Schedule, Article VI of this Zoning Ordinance. The uses to be permitted in any specific Planned Development District shall be enumerated in the ordinance establishing such district and -30- shown on the approved plan for development which becomes part of said ordinance. Section III In approving the development plan and the ordinance establishing the Planned Development District, the City Council shall, after recommendation by the City Plan Comm.iss.ion, specify such maximum height, floor -area ratio, density and minimum off - street parking and loading standards within the limits of those specified in the districts listed for the specific uses .involved as in appropriate for the development. The City Council shall, after receiving the recommendation of the City Plan Commission, establish the standards for yards, signs, building spacing site coverage, access, screening walls or landscaping, building area open space, Pedestrianwgys, public or private streets and alleys to be observed in a Planned Development District and such standards shall be specified in the ordinance establishing the district. Section IV. An application for a Planned Development District shall, if the applicant.desires or the City Plan Commission of City Council requires, be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, shall become part of the development plan and shallbe adhered to by the owner, developer and his successors in interest. Section V. Annually, where a development schedule has been required, the Building Inspector shall report to the City 0 Plan Commission the actual development accomplished in the various Planned Development Districts as compared with the development schedule. -31- �J 10 • Section VI. The City Plan Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings to amend the Zoning District Map or the Planned Development District by removing all or part of the Planned Development District from the Zoning District Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the City Plan Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. Section VII. An application for a Planned Development District shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the develop- ment plan shall be considered the same as changes in the Zoning District Map and shall be processed as required, except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor -area ratio, height or coverage of the site, or which do not decrease the off - street park- ing ratio, or reduce the yards provided at the boundary of the site as .indicated on the approved development plan may be authorized by the Director of Planning and Zoning. Any applicant may appeal the decision of the Director of Planning and Zoning to the City Plan Commission for review and decision as to whether an amendment to the Planned Development District ordinance shall be required. -32- • Section VIII The Development Plan shall include: (a) A scale drawing showing any proposed public or private streets and alleys: building sites or building lots: any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes: the points of ingress and engress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five (5) feet, or spot grades where the relief is limited. (b) Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required. (c) Where building complexes are proposed, a site plan showing the location of each building and the minimum distra nce between buildings, and between buildings and the property line, street line and /or alley line shall be submitted. For buildings more than one (1) story in height, except single - family and two - family residences, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. (d) A plan indicating the arrangement and provision of off - street parking and off - street loading where required. Such a plan may be presented as a ratio of off - street parking and off - street loading area to building area when accompanied by a typical example indicating the feasibility of the arrange- ment proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be show (e) A designation of the maximum building coverage of the site shall be indicated upon the site plan. (f) Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, -33- • • include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the City Council. (g) Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Director of Planning and Zoning and interpretation by the Building Inspector. Section IX. Every Planned Development District approved under the provisions of this ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance as required in this ordinance. Section X. In Planned Development Districts, with residential uses one family attached dwelling defined as a dwelling unit on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate wall, served by separate utilities and not occupied by more than one family shall be permitted. The require- ments prescribed in the community development may be adopted to residential developments planned as Planned Developments with variable housing wherein the types of dwelling structure may vary from those permitted in the district in which the development is proposed, as attached single - family or apartments in a single - family area. One - family attached dwellings need not provide a side yard except that a minimum required side yard adjacent to a side street of ten (10) feet shall be provided. A minimum required side yard of five (5) feet shall be provided at the end of each one family attached dwelling complex so that the ends of any two adjacent building complexes shall be at least ten (10) feet apart. The required side yards for complexes of one- family attached dwellings may be designated upon a plat approved by the City Plan -34- Commission. A complex of attached on- family dwellings shall have a minimum length of three(3) dwelling units and shall not exceed three hundred (300) feet in length or width of a cluster module. A single - family attached dwelling shall:be located on a platted lot with a minimum width of twenty -five (25) feet, minimum depth of seventy-five (75) feet and contain a minimum area of three thousand (31000) square feet. Two off - street parking spaces, garage or carport shall be provided for each living unit. A front set -back of twenty (20) feet shall be provided on the side of the structure facing a street, drive or common open area. In Planned Development Districts with residential uses may also be approved for special apartment designs such as a fourplex, a structure with four (4) living units, or a sixplex, a structure with six (6) living units, all of which must comply with the minimum requirements of the MF, Multiple Family District. ARTICLE IX COMMUNITY UNIT DEVELOPMENT Section I. The purpose of the Community Unit Development is to encourage reasonable flexibility of design and arrangement in the organization and development of residential communities and neighborhoods, provisions are made herein for the approval of Community Unit Developments in accordance with the • following standards= -35- • Section II. Where the Community Unit Development proposes types of dwelling structures conforming to those permitt- ed in the district in which the Community Unit is located, the City of North Richland Hills, after public hearing':and proper notice to all parties affected and after recommendation by the City Plan Commission, may authorize the creation of a Community Unit Development as a Specific Use Permit, setting forth such appropriate standards by reference to a particular zoning district. Section III. The overall density in square feet of site area per dwelling unit or room shall conform to the density prescribed for the district in which the Community Unit Development is located or in the case of variable housing to the district referred to by 0 the Planned Development District. Section IV. The minimum lot depth, lot width and lot or site area per dwelling unit or room may be reduced not to exceed twenty -five (25) percent from the standards prescribed for the district in which the Community Unit Development is located and as established in the Planned Development District provided permanent community open space sufficient to compensate for the reduced individual lot or site sizes and to meet the overall density requirement of the district is incorporated in the development. Permanent Community Open Space, parks, school play- grounds, community centers, golf courses, parkways, water areas or similar areas which are dedicated to the City of North Richland Hills or which are created as private open space under a permanent agreement for maintenance and responsibility, which agreement is accepted by the City Council and approved by the City Attorney can :�e established. -36- 10 1• The natue and method of establishing the permanent open space provided in a Community Unit Development such as park and Playground sites, wider than required streets and alleys, community center, parkway, golf course or water area shall be subject to approval by the City Council after recommendation by the City Plan Commission. Section V. The minimum front, side and rear yard standards prescribed for dwelling structures in the district in which the Community Unit Development is located can be reduced not to exceed twenty -five (25) percent. The required side yard can be placed on one side and the structure built on the side lot line provided the vall of such building has no openings and no part of the structure overhangs onto the adjoining lot. The permitted maximum coverage for the district in which the Community Unit Development is located can be increased twenty - five (25) per cent over that prescribed in all single- family and two - family districts. Multiple- family developments, however, must observe the maximum coverage specified in that use district. -37- • I * • ARTICLE X SPECIAL USE PERMIT S, ection 1. Procedure: The City Council may, after public hearing and recommendation by the City Plan Commission, and after conducting a public hearing as is required for all amendments to the Zoning Ordinance in accordance with the provision of the Article on Changes and Amendments, authorize for specific parcels of land the issuance of a Specific Use Permit in accordance with the provisions of the Use Schedule, Article VI,.in those districts where it is indicated that a Specific Use Permit for a specific type use may be approved. The designation of a Specific Use Permit as possible on the Use Schedule, Article VI, in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each Specific Use Permit application shall le evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indic &te appropriate. Section II. Requirements; In considering and determining its recommendation in the City Council relative to any application for a Specific Use Permit, the City Plan Commission may require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. The City Plan Commission may recommend to the City Council that certain safeguards and conditions concerning setbacks, ingress and egress, off - street parking and loading arrangement, location or construction of buildings and uses and operation be required. -38- 0 The City Council may in the .interest of the public welfare and to assure compliance with the .intent of this ordinance, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole. A site plan Setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made part of the amending ordinance. A Specific Use Permit approved under the i3rovisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property .involved. Any of the conditions contained in a Specific Use Permit shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be considered as conditions precedent to the granting of a certificate of occupancy and compliance for the specific use provided for. Section III. Mobile Home Park or Subdivision Requirements: A. Development Plana Prior to submission of this request to the City Council for public hearing, a Development Plan shall be submitted and approved by the City Plan Commission and shall be attached to and made a part of the ordinance. Two types of mobile home develop- ments are provided for by this Specific Use Permit as follows: (1) A mobile home park or trailer court as a unified development of mobile home sites, plats, or transient stands arranged on a large tract under single ownership. -39- • • LI (2) A mobile home subdivision shown on a subdivision plat approved by the City Plan Commission and filed for record designed specifically for mobile home development. B. Subdivision: Prior to submission of this request to the City Council for public hearing, a pre- liminary plat of the entire area shall be sub- mitted and approved by the City Plan Commission. Prior to issuance of any building permit with- in the area covered by this Specific Use Permit, a final subdivision plat of the entire area shall be filed for record in the office of the County Clerk, Tarrant County, Texas. C. Uses: Mobile Homes recreational building, utility building, office building and carport shall be the only uses permitted within the area of this Specific Use Permit. D. Lot Area: There shall be a minimum lot area of 2100 square feet for each transient stand, and a minimum lot area of forty -five hundred (4500) square feet for each subdivided lot. E. Lot Width: There shall be a minimum lot width of thirty -five (35 ) feet for a transient stand and a minimum of forty -five (45) feet for a subdivided lot. F. Lot Depth: There shall be a minimum lot depth of sixty (60) feet for a transient stand and a minimum of ninety (90) feet for a subdivided G. Seth: The regulations with regard to front yard, side yard and rear yards shall be as follows: (1) Front Yard: 2 El USE No mobile home or house trailer shall be placed, located or erected nearer than thirty (30) feet to any dedicated street lot. or highway right -of -way, nor shall any such mobile home or house trailer unit be located nearer than twenty (20) feet to' any private drive used for access, circu- lation or service to the plot, lot or tract or stand upon which a mobile home or house trailer is located. • (2) Side Yard: No mobile home or house trailer shall be located nearer than ten (10) feet to the side line of any lot, plat, tract or stand. One side yard may be reduced to five (5) feet provided the other side yard is increased to fifteen (15) feet. (3) Rear Yard: No mobile home or house trailer shall be located nearer than ten (10) feet to the rear line of any lot, plot, tract or stand. Regardless of the above standards, no mobile home, house trailer, or mobile home lot, tract, plot or stan,., shall be placed, located or erected nearer than twenty (20) feet to any boundary line of this Specific Use Permit. No carport, garage, storage building, office or caretaker's dwelling, laundry house or other • permitted structure may be 1crzated nearer than ten (10) feet to any side or rear line of a plot lot, tract or stand when such structures are located within the rear twenty -five (25) percent of the trailer lot, plot or tract. Such struc- tures shall also be subject to the front yard requirements above. H. Special Development Standards; The developer shall provide sanitation, fire protection and utility service to each lot, tract, plot or stand in accordance with the City of North Richland Hills Health Department requirements, or any ordinance or code of the City of North Richland Hills regula- ting sanitation, fire protection and utility ser- vice to mobile home or house trailer developments. All utilities shall be .installed underground. Ingress and egress to "the property shall be pro- vided in accordance with requirements of the City of North Richland Hills. Drainage and garbage collection rights -of -way, fire lanes and utility easements shall be pro- vided as required by the City of North Richland Hills. -41- • I. Playground.Area: Open playground space shall be provided at a ratio of five hundred (500) square feet for each of the first twenty (20) units and two hundred and fifty (250) square feet for all additional units. J. Coverage: The maximum area of the lot or transient stand which may be covered by the main building and all accessory buildings shall not exceed twenty (20) percent. K. Height: No mobile home or house trailer, carport, garage, storage building, office or caretaker's dwelling, laundry house or other permitted structure shall exceed a height of two (2) stories-. L. Parking: Off - Street parking shall be provided at a a ration of two (2) spaces for each lot, tract or stand. M. Paving: All driveways, entrances, service drives and parking areas shall have a minimum surfacing of six (6) inches compacted gravel and two (2) coats of penetration asphalt. The developer shall bear the total cost and maintenance of all such improvements, including curb and drainage structures that may be necessary. N. Siqns: No signs other than one pertaining to the occupancy of the premises shall be permitted, and such sign shall be of the ground, wall or pole type. Such sign shall not exceed a maximum area of ninety -six (96) square feet for one face. If the sign has more than one face, the maximum area of all faces shall not exceed one hundred ninety - two (192) square feet. Such sign shall not exceed a maximum height of twenty (20) feet and shall be set- ack from all property lines a distance of twenty-five 25) feet. No sign shall be of the flashing, rotating intermittently lighted type. Only one sign shall be permitted within the area covered by this ordinance. 0. Screenina: A solid screening wall (the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface) with a minimum height of six (6) feet shall be pro- vided along all property lines not exposed to a dedicated street or highway, as indicated on the Development Plan. Garbage storage areas shall be visually screened by a six (6) foot hJgh solid fence except when one side is adjacent to an alley or easement used for garbage pick -up service, no screening fence shall be required on that side. -42- �. 1 or 0 P. Water and Sewer: Each transient stand or sub- divided lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be approved by the City Water Works and all requirements of the Water Department and Health Department of the State of Texas shall be complied with. Section IV. Minimum Parking Requirements for Specific Uses Listed in Article VI. These requirements can be increased by the City Council if deemed in the public interest and safety in any particular Specific Use Permit. One and Two Family Dwelling Units Multiple Family Dwelling Three (3) or more units College or Dramatic School Country Club and Private Club Convent and Monestery Day Camp or Day Nursery Homes - Alcoholic, etc. Hospitals -43- Two (2) spaces per unit Two (2) spaces per unit One (1) space for each classroom plus one (1) space for each four (4) day students. One (1) for each four (4) members One (1) for each two (2) employees One (1) for each ten (10) pupils One (1) space for every two (2) employees or atten- dents. One (1) for each two (2) beds. 10 • Institutions for Aged Commercial Amusements Service Stations Room and Boarding House Insitutions of Religious nautre, etc. -44- bb.- One (1) for each residence unit One (1) for each two (2) people accommodated Twelve (12 ) cars One (1) for each two (2) guests One (1) for each two (2) employees plus one (1) for every ten (10) residents' ARTICLE XI "AG" AGRICULTURAL DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Buildings Schedule. Section II. Height Regulations: 1. Front Yard A. There shall be a front yard having a minimum depth of not less than fifty (50) feet, except as hereinafter pro- vided in the Article on Exceptions and Variances. B. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. 2. Side Yard There shall be two side yards, one on each side of the building having a combined width of not less than twenty (20) per cent of the lot width, provided that in no case shall one side yard be less than five (5)' „feet. The side yard of corner lots, adjacent to a side street, shall not be less than ten (10) feet. The side yard of corner lots having adjoining structures fronting on two adjacent property lines shall have a fifty (50) foot side yard. 3. Rear Yard There shall be a rear yard having a depth of not less than twenty (20) per cent of the lot depth. 4. Area of the Lot The minimum area of the lot shall be two (2) acres; however, a lot having an area of less than two (2) acres that was of record prior to passage of this ordinance may be used for any use permitted in this District. 5. Width of Lot The minimum width of the lot shall be one hundred and fifty (150) feet. The above area regulations apply to the "AG” Argicultural District and do not apply to lots which may be two (2) acres or larger in other districts. -45- 6. Depth of Lot The minimum depth of the lot shall be two hundred (200) feet. 7. Parking_ Regulations Off - street parking space shall be provided on the' lots to accommodate two (2) cars for each dwelling unit; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard. Places of public assembly shall provide off - street parking at the ratio of one (1) space for each five seats. 8. Area of Dwelling Eight hundred (800) square feet shall be the minimum living area of the dwelling unit. 9. Maximum Coverage The main building and accessory building shall not cover more than ten (10) per cent of the lot area. ARTICLE XII 1 -F -12 SINGLE - FAMILY DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Buildings Schedule. Section II. Height Regulations: No building shall exceed two and one -half (2') stories in height. Section III. Area Regulations: 1. Front Yard` A. There shall be a front yard having a minimum depth of not less than thirty (30) feet, except as hereinafter provided in the Article on Exceptions and Variances. B. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. -46- 2 . Side Yard There shall be a side yard on each side of the build- ing having a width of not less than six (6) feet width as measured from the nearest exterior side wall of the building to the nearest property line. The side yard of corner lots adjacent to a side street shall be not more than fifteen (15) feet. The side yard of corner lots having adjoining structures fronting on two adjacent property lines' shall have a side yard of not less than thirty (30) feet. 3. Rear Yard There shall be a rear yard having a depth of not less than twenty (20) per cent of the lot depth. 4. Area of the Lot The minimum area of the lot shall be twelve thousand (12,000) square feet; however, a lot having an area of less than twelve thousand (12,000) square feet that was of record prior to passage of this ordinance may be used for any use permitted in this District. 5. Width of Lot The minimum width of the lot shall be eighty (80) feet. The above area regulations apply to the 1 -F -12 Single - Family District and do not apply to lots which may be twelve thousand (12,000) square feet or larger in other districts. 6. Depth of Lot The minimum depth of the lot shall be one hundred ten (110) feet. 7. Parking Regulations Off - street parking space shall be provided on the lots to accommodate two (2) cars for each dwelling unit; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard. Places of public assembly shall provide off - street parking at the ratio of one (1) space for each five seats. `, -47- 0 8. Area of Dwelling Fourteen hundred (1,400) square feet shall be the minimum living area of the dwelling unit. 9. Maximum Coverage The main building and accessory building shall not cover more than thirty (30) percent of the lot area. ARTICLE XIII 1 -F -9 SINGLE - FAMILY DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Buildings Schedule. Section II_ Height Regulations: No building shall exceed two and one -half (2�) stories in height. Section III. Area Regulations 1. Front Yard A. There shall be a front yard having a minimum depth of not less than twenty -five (25) feet, except as hereinafter provided in the Article on Exceptions and Variances. B. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. 2. Side Yard There shall be a side yard on each side of the building having a width of not less than six (6) feet width as measured fron the nearest exterior side wall of the building to the nearest property line. The side yard of corner lots adjacent to a side street shall be not more than fifteen (15) feet. The side yard of corner lots having adjoin- ing structures fronting on two adjacent property lines shall have a twenty -five (25) foot side yard. 3. Rear Yard There shall be a rear yard having a depth of not less than twenty (20) per cent of the lot depth. • 4. Area of the Lot The minimum area of the lot shall be nine thousand (9,000) square feet; however, a lot having an area of less than nine thousand (9,000) square feet that was of record prior to passage of this ordinance, may be used for any use permitted in this District. 5. Width of Lot The minimum width of the lot shall be seventh (70) feet. The above area regulations apply to the 1 -F -9 District and do not apply to lots which may be nine thousand (9,000) square feet or larger in other districts. 6. Depth of Lot The minimum depth of the lot shall be one hundred and ten (110) feet. • 7. Parking Regulations Off - street parking space shall be provided on the lot to accommodate two -(2) cars for each dwelling unit; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard. Places of public assembly shall provide off - street parking at the ratio of one (1) space for each five seats. 8. Area of Dwellinn Twelve hundred (1,200) square feet shall be the minimum living area of the dwelling unit. 9. Maximum Coverage The main building and accessory building shall not cover more than thirty-five (35) per cent of the lot area. amm ARTICLE XIV 1 -F -7 SINGLE - FAMILY DISTRICT 4 Section I. Permitted Uses: See Article VI- Use of Land and Building Schedule. Section II. Height Regulations: No building shall exceed two and one -half (2') stories in height. Section III. Area Regulations: 1. Front Yard A. There shall be a front yard having a minimum depth of not less than twenty five (25) feet, except as hereinafter provided in the Article on Exceptions and Variances. B. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. 2. Side Yard There shall be a side yard on each side of the building having a width of not less than six ( 6 ) feet width as measured" from the nearest exterior side wall of the building to the nearest property line. The side yard of corner lots adjacent to a side street shall be not more than fif- teen (15 ) feet. The side yard of corner lots having adjoining structures fronting on two adjacent property lines shall have a twenty five (25) foot side yard.` 3. Rear Yard There shall be a rear yard having a depth of not less than twenty (20) per cent of the lot depth. 4. Area of the Lot The minimum area of the lot shall be seven thousand (7,000) square feet; how- ever, a lot having an area of less than seven thousand (7,000) square feet that was of record prior to passage of this ordinance, may be used for any use per- mitted in this District. -50- 0 5. Width of Lot The minimum width of the lot shall be sixty (60) feet. The above area regulations apply to the 1 -F -7 Single- Family District and do not apply to lots which may be seven thousand (7,000) square feet or larger in other Districts. 6. Depth of Lot The minimum depth of the lot shall be one hundred (100) feet. 7. Parking Regulations Off - street parking space shall be provided on the lot to accommodate two (2) cars for each dwelling unit; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard. Places of public assembly shall provide off - street parking at the ratio of one (1) space for each five seats. 8, Area of Dwelling One thousand (1,000) square feet shall be the minimum living area of the dwelling unit. 9. Maximum Coverage The main building and accessory building shall not cover more than thirty -five (35) per cent of the lot area. ARTICLE XV 2 -F -9 TWO- FAMILY DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Buildings Schedule. Section II. Height Regulations: No building shall exceed two and one half (233) stories in height. Section III. Area Regulations: 1. Front Yard A. There shall be a front yard having a minimum depth of not less than twenty-five (25) feet except as hereinafter provided in the Article on Exceptions and Variances. -51- B. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. 2. Side Yard There shall be a side yard on each side of the building having a width of not less than six (6) feet width as measured from the nearest exterior side wall of the building to the nearest property line. The side yard of corner lots adjacent to a side street shall be not more than fifteen (15) feet. The side yard of corner lots having adjoining structures fronting on two adjacent property lines shall have a twenty -five (25) foot side yard. 3. Rear Yard There shall be a rear yard having a depth of not less than twenty (20) per cent of the lot depth. 4. Area of the Lot The minimum area of the lot shall be nine thousand (9,000) square feet; however, a lot having an area of less than nine thousand (9,000) square feet that was of record prior to passage of this ordinance, may be used for any use permitted in this District. 5. Width of Lot The minimum width of the lot shall be seventy (70) feet. The above area regulations apply to the 2 -F -9 District and do not apply to lots which may be nine thousand (9,000) square feet or larger in other districts. 6. Depth of Lot The minimum depth of the lot shall be one hundred (100) feet. 7. Parking Regulations Off- street parking space shall be provided on the lot to accommodate two (2) cars for each living unit; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard. Places of public assembly shall provide off - street parking at the ratio of one (1) space for each five seats. -52- 8. Area of Dwelling One thousand (11000) square feet shall be the minimum living area in each Living unit. 9. Maximum Coverage The main building and accessory building shall not cover more than forty -five (45) per cent of the lot area. ARTICLE XVI MF MULTIPLE - FAMILY DWELLING DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Buildings Schedule. it Section II. Height Regulations: No building used for �< single family, two - family or multiple - family purposes shall exceed three (3) stories in height. Section III. Area Regulations: d 1. Front Yard There shall be a front yard having a minimum depth of twenty -five (25) feet except where circular or similar entrance drives across the lot in front of the main building are used, in which event the 0 minimum front yard depth shall be thirty -five (35) 0 feet, and no parking space or vehicular storage 00 area shall be located closer to the front property line than twenty -five (25) feet. 2. Side Yards A. The side yard requirements for single - farhily or two- family uses are the same as in the 2 -F -9 Two - Family District regulations. B. In multiple - family development there should be a side yard on each side of the lot having a minimum dimension as follows: (1) Where multiple family dwellings or housing projects are arranged on a lot where the long dimension of any building is parallel to the side lot line, or where the long dimension of such building is parallel to another building in a project, a side yard of fifteen (15) feet shall .`M -53- x be provided on each side of each building so that the walls of buildings arranged as parallel structures shall be a minimum of thirty (30) feet apart, and no balcony or canopy shall extend into such side yard or space for a distance greater than five (5) feet; (2) For multiple family dwellings which are arranged with the long dimension of the building parallel to the front lot line and where the building end adjacent and parallel to the side lot line does not exceed thirty -five (35) feet in width, a minimum side yard of ten (10 ) feet shall be provided; (3) Where the end of a multiple family dwelling or building does not exceed thirty -five (35) feet in width and is located opposite another building end, building side or exposed wall face, and where such building ends or wall faces do not contain openings for light, air or access in the areas which are opposite, such building ends or wall faces may be placed a minimum distance of ten (10) feet apart. Where openings for light, air or access exist in both building ends or wall faces arranged as described above, the minimum distance between such ends shall be twenty (20) feet. Where openings for light, air or access exist in only one of the building ends of wall faces arranged as described above, the minimum distance between such ends or wall faces shall be fifteen (15) feet; (4) A side yard on a corner lot adjacent to a street shall not be less than fifteen (15) feet, and no balcony or porch or any portion of the building may extend into such required side yard except that a roof may overhang such side yard not to exceed five (5) feet. 3. Rear Yard The rear yard requirements for single- family or two - family uses are the same as in the Two- Family District 2 -F -9 regulations. For multiple family development the minimum rear yard requirements shall be as follows: No main building may be constructed nearer -54- than fifteen (15) feet to the rear property line. The main building and all accessory buildings shall not cover more than fifty ( 50 ) per cent of that portion of the lot lying to the rear of a line erected joining the midpoints of the opposite side lot line. Carports or other detached accessory buildings shall not be located closer than ten (10) feet to the main building, nor closer than five (5) feet to any side street. No de- tached accessory building may be located closer than five (5) feet to any rear lot line except when carports, garages or other automobile storage structures or parking spaces are arranged so as to be entered from and face directly upon an alley or rear or side easement, such automobile storage structure or space shall be located not closer than fifteen (15) feet to the center line of such alley or easement. Any car- port or detached accessory building located in the front fifty (50) per cent of the lot shall observe the same side yard as the main building. No detached accessory building shall be used as a place of habitation. 4. Interior Yards or Courts . When an apartment building or buildings are erected so as to create inner courts or outer courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart, and no balcony or canopy shall extend into such area for a distance greater than five (5) feet. 5. Area of the lot The minimum lot area requirements for one- family and two - family uses shall be the same as in the Two - Family District 2F -9 regulations. In multiple family development fifteen hundred (1,500) square feet of site shall be provided for each living unit. 6. Width of Lot The minimum width of the lot shall be seventy (70) feet. 7. Depth of Lot The minimum depth of the lot shall be one hundred (100) feet. -55- 8. Parkinq Requirements For single - family and two - family uses, off - street parking shall be provided at the minimum ratio of two (2) spaces for each living unit. In multiple family development, paved off - street parking shall be provided at a ratio of one and one -half (1 -1/2) spaces for multiple family dwellings, and no such off - street parking shall be located within the required front yard nor within four (4) feet of any building when such off - street parking is located in the side yard. Whenever off - street parking is located within the side yard, a curb or equivalent barrier shall be placed so as to prevent any vehicle from parking within a minimum distance of four (4) feet from the building. 9. Area of Dwelling or Living Unit For single- family and two - family uses, the minimum living area shall be one thousand (1,000) square feet. In multiple family developments the average of all living units within one building or building complex shall not be less than seven hundred fifty (750) square feet per unit. 10. Maximum Coverage The main building and accessory building shall not cover more than sixty (60) per cent of the lot area. 11. Paving All driveways, entrances and parking areas shall have a minimum surfacing of a six (6) inch compacted gravel and two coats of penetration asphalt. The developer shall bear the total cost and maintenance of all such .improvements, including curb and drainage structures that may be necessary. 12. Signs A single name plate or sign for an apartment building or housing project shall be permitted when such sign is affixed flat against the building and does not exceed an area of forty (40) square feet, and when the sign is not of a flashing, inter- mittently lighted, revolving or similarly lighted type. 13. Conversion Residential structures shall not be permitted to be changed to a use of less restricted classification except on the basis of plans approved by the City -56- Plan Commission and City Council. Such plans shall show existing and proposed construction and /or remodeling, the use which is intended, the location of the building on the lot, the required off - street parking, and such other features as may be required by ordinance. 14. Garbage Storage Areas Garbage storage areas shall be visually screened by a eight (8) inch thick, six (6) foot high solid fence on all sides except when one side is adjacent to an alley or easement used for garbage pickup service no screening fence shall be required on that side. 15. Fire Lanes Fire lanes shall be provided in accordance with the requirements of the Fire Marshall. 16. Exterior Fire Resistant Construction All main buildings hall be of exterior fire resis- tant construction. (By definition, exterior fire resistant construction having at least seventy - five (75) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry, or materials of equal characteristics in accordance with 40 the building code of the City of North Richland Hills.) ARTICLE XVII NR NEIGHBORHOOD RETAIL DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Building Schedule. Section II. Height Requlations: No building shall exceed two (2) stories in height. Section III. Area Regulations: 1. Front Yard A. There shall be a front yard having a minimum depth of not less than twenty -five (25 ) feet except as hereinafter provided in the section on variances and exceptions. Parking is permitted within this required front yard. B. Where lots have double frontage, running through from one street to another, the -57- • �.a £a� .J t` M a required front yard shall be provided on both streets. 2. Side Yards No side yard shall be required for a retail use except: A. On a corner lot, a side yard of fifteen (15) feet shall be required on the side street. B. For a two - family dwelling or a multiple - family dwelling use, a side yard shall be required on each side of the lot as in the Multiple- Family Dwelling District. C. On the side of a lot in an NR District adjoining a single- family, two - family or a multiple- family district, not separated by a street or alley, there shall be a side yard the same as required in the adjoining district. No side yard shall be required where the NR District is separated from a residential district by an alley. The mini- mum width of the side yard shall be ten (10) feet or ten (10) per cent of the average width of the lot, whichever is smaller, but a side yard shall not be less than six (6) feet. The side yard adjacent to a side street shall not be less than fifteen (15) feet. 3. Rear Yard No rear yard shall be required for a retail use except where a lot adjoins a single - family, two - family or a multiple - family district, and is not separated therefrom by an alley in which event there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot. Where a lot or any portion of a lot is used for single - family dwelling, two - family or multiple- family use, there shall be a rear yard on the rear of the lot equal to twenty (20) per cent of the depth of the lot. 4. Area of the Lot The minimum lot area requirements for two - family, or miltiple - family dwellings shall be the same as those for the MF Multiple- Family Dwelling District. Where dwelling facilities are provided above or behind stores, the lot area requirements shall be the same as those required for multiple- family dwellings in the MF Multiple - Family Dwelling District. 5. Width of the Lot The minimum width of the lot shall be seventy (70) IRM feet for two - family or multiple - family use. For other uses, the width may be less than sixty (60) feet. 0 6. Depth of the Lot The minimum depth of the lot for two - family or multiple- family uses shall be one hundred (100) feet. No minimum depth shall be required for business uses. 7. Maximum Coverage The main building and accessory building shall not occupy more than thirty (30) per cent of the lot area. 8. Miscellaneous Regulations Wherever a NR District adjoins a single - family, two - family or multiple- family district and is not separated by a street, a six (6) foot solid sight bearing fence or better shall be constructed and maintained along or within one (1) foot of the boundary or property line of said NR District to serve as permanent screening. All outside lighting features shall be placed and reflected in such a manner so as not to create a glare or sheen onto the adjacent property as to create annoyance, nuisance or hazards. Failure to comply with these requirements shall constitute a violation of the zoning ordinance and be subject to the penalties that are herein- after provided. 9. Exterior Fire Resistant Construction All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction is construction having at least seventy -five ( 75 ) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry or materials of equal character- istics in accordance with the building code of the City of North Richland Hills.) 10. Parking Regulations A. The parking regulations for two - family and multiple family dwellings are the same as those in the MF Multiple - Dwelling District regulations. B. All Neighborhood Retail uses shall provide off - street parking at the ratio of one (1) off - street parking space for each two hund- red (200) square feet of floor area. -59- C. For a fraternity or sorority house off - street parking shall be provided at the minimum ratio of one (1) space for each three (3) residents. D. Professional Offices and Business Offices, other than Medical or Dental Clinics, Shall provide off - street parking space at a ratio of one (1) parking space for each three hundred (300) square feet of floor area. E. Establishments for the sale and consumption on the premises of food and refreshments shall provide off - street parking space at ratio of one (1) space for each one hundred and fifty (150) square feet of floor area. F. Retail, office'and service buildings shall provide and maintain off - street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area then ten (10) feet by twenty -five (25) feet for each twenty thousand (201000) square feet of floor space or fraction therof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes. ARTICLE XVIII LR LOCAL RETAIL DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Building Schedule. Section II. Height Regulations: No building shall exceed two and one -half (2 -1/2) stories in height. Section III. Area Regulations: 1. Front Yard A. There shall be a front yard having a minimum depth of not less than twenty -five (25) feet except as hereinafter provided in the section on variances and exceptions. Parking is per- mitted within this required front yard. B. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. .• 2. Side Yards No side yard shall be required for a retail use except: A. On a corner lot, a side yard of ten (10) feet shall be required on the side street. B. For a multiple - family dwelling use, a side yard shall be required on each side of the lot as in the multiple - family dwelling district. C. On the side of a lot in an LR District adjoining a multiple- family district there shall be a side yard. No side yard shall be required where the LR District is separated from a residential district by an alley. The minimum width of the side yard shall be ten (10) feet or ten (10) per cent of the average width of the .lot, whichever is smaller, but a side yard shall not be less than five (5) feet. The side yard adjacent to a side street shall not be less than ten (10) feet. 3. Rear Yard No rear yard shall be required for a retail use except where a lot adjoins a multiple family district, and is not separated therefrom by an alley in which event there shall be a rear yard on the rear of the lot equal to twenty (20) per cent of the depth of the lot. Where a lot or any portion of a lot is used for multiple- family use, there shall be a rear yard on the rear of the lot equal to twenty (20) per cent of the depth of the lot. 4. Area of the Lot The minimum lot area requirements for multiple family dwellings shall be the same as those for the MF Multiple- Family Dwelling District. Where dwelling facilities are provided above or behind stores, the lot area requirements shall be the same as those required for multiple - family dwellings in the MF Multiple - Family Dwelling District. 5. Width of the Lot The minimum width of the lot shall be seventy (70) feet for multiple- family use. For other uses, the width may be less than sixty (60) feet. 6. Depth of the Lot The minimum depth of the lot for multiple- family -61- uses shall be one hundred (100) feet. No minimum depth shall be required for business uses. All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction is construction having at least seventy -five (75) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry, or materials of equal character- istics in accordance with the building code of the City of North Richland Hills.) 10. Parking Regulations 7. Maximum Coverage family dwellings are the same as those The main building and accessory building shall not occupy more than thirty (30) per cent of `¢ the lot area. 8. Miscellaneous Regulations Wherever a LR District adjoins a multiple- family district and is not separated by a street, a six LU (6) foot solid sight bearing fence or better shall be constructed and maintained along or LUwithin one (1) foot of the boundary or property 0 line of said LR District of serve as permanent CL screening. All outside lighting features shall :E be placed and reflected in such a mannner so as not to create a glare or sheen onto the adjacent 0 property as to create annoyance, nuisance, or hazards. 0 -62- M Failure to comply with these requirements shall constitute a violation of the Zoning Ordinance and shall be subject to the penalties that are hereinafter provided. 9. Exterior Fire Resistant Construction All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction is construction having at least seventy -five (75) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry, or materials of equal character- istics in accordance with the building code of the City of North Richland Hills.) 10. Parking Regulations A. The parking regulations for multiple - family dwellings are the same as those in the Multiple - family District regulations. `¢ B. Medical or Dental clinics shall provide off - street parking spaces at the ratio of one (1) space for each two hundred (200) square feet of floor area. LU C. Banks, Professional Offices, Business Offices, < Ld other than Medical or Dental Clinics, shall CL provide off - street parking space at a ratio CL of one (1) parking space for each three hundred (300) square feet of floor area. 0 -62- M D. Establishments for the sale and con- sumption on the premises of food or refreshments shall provide off - street parking space at a ratio of one (1) space for each one hundred fifty (150) square feet of floor area. E. Furniture stores shall provide off - street parking at the ratio of one (1) space for each one thousand (1,000) square feet of floor area. F. Hospital (General Acute Care) shall provide off - street parking at the ratio of one (1) space for each two (2) beds. G. Hospital (Clinic Care) shall provide off - street parking at the ratio of one (1) space for each two (2) employees or attendents. H. Institutions of Religious or Philanthropic Nature shall provide off - street parking at the ratio of one (1) space for each two (2) employees plus one (1) space for every ten (10) residents. I. Gasoline Service Station shall provide off - street parking space for a minimum of twelve (12) cars. J. Commercial Amusement (Indoors) shall provide off - street parking at the ratio of one (1) space for each two (2) people accommodated. K. Boarding and Rooming Houses shall provide off - street parking space at the ratio of one (1) space for each two (2) guests. L. Retail, office and service buildings shall provide and maintain off - street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area ten (10) feet by twenty -five (25) feet for each twenty thousand (20,000) square feet of floor space or fraction therof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes. M. Any building hereafter erected, altered or converted for local retail or personal service use shall provide off - street parking space at the following ratio: -63- (1) Buildings having less than five thousand (5,000) square feet of floor area shall provide one (1) space for each five hundred (500) square feet of ground floor building area. (2) Buildings having over five thousand (5,000) square feet, but not more than ten thousand (10,000) square feet of ground floor area shall provide ten (10) spaces plus one (1) space for each three hundred thirty - three ( 333 ) feet of ground floor area in excess of five thousand (5,000) square feet. (3) Buildings having over ten thousand (10,000) square feet of ground floor area shall provide twenty-five (25) parking spaces plus one (1) space for each two hundred (200) square feet of ground floor area in excess of ten thousand (10,000) square feet. (4) Buildings having local retail or professional office uses on floors above the ground floor shall provide • off - street parking spaces at a radio of one (1) space for each three hundred (300) square feet of floor area above the ground floor. (5) Where more than one building is located upon a lot, the parking requirements shall be based upon the total floor area of all such structures. ARTICLE XIX "C" COMMERCIAL DISTRICT Section I. Permitted Uses: See Article VI - Use of Land and Building Schedule. Section II. Height Regulations: No building shall exceed six (6) standard stories in hei:zht unless set -back from all lot lines or any required yard lines one (1) foot for each foot above such height limit. When a building is located on a lot • adjoining a single - family, two - family, or multiple- family district, it shall not exceed three (3) standard stories in height unless it is set -back one (1) foot from all required yard lines for for each one (1) foot of additional height above such height limit. 2. Side Yard No side yard shall be required for a retail, commercial or manufacturing use except: Section III. Area Regulations: •1. district and not separated therefrom by Front Yard ten (10) feet or ten (10) per cent of the average width of the lot, whichever is No front yard shall be required for any business use unless: story in height. A. The street is less than sixty (60) feet in multiple - family dwelling use, a side width, in which case a manufacturing or " commercial structure shall be placed not the lot. The minimum width of the side less than thirty (30) feet from the yard shall be ten (10) feet or ten (10) center line of said street. A twenty - LL; five ( 25 ) foot minimum front yard shall whichever is smaller, but a side yard be required for a residential, duplex except side adjacent to side street shall or apartment use. Z, B. Where the frontage on one side of a street (1 3. Rear Yard within a block is partly in the "C" 9 Cb District and partially in a more restricted commercial use, except where a lot abuts a single- district, then the front yard shall family, two- family or multiple - family district conform to the front yard regulations of 0 the more restricted district. 2. Side Yard No side yard shall be required for a retail, commercial or manufacturing use except: A. On the side of a lot adjoining a single - family, two - family or multiple- family district and not separated therefrom by an alley, there shall be a side yard of ten (10) feet or ten (10) per cent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five ( 5 ) feet for each one (1) story in height. B. For a single- family, two - family or a multiple - family dwelling use, a side yard shall be required on each side of the lot. The minimum width of the side yard shall be ten (10) feet or ten (10) y per cent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five (5) feet, except side adjacent to side street shall W not be less than ten (10) feet. Lo 3. Rear Yard CL Cb No rear yard shall be required for a retail or commercial use, except where a lot abuts a single- family, two- family or multiple - family district in which event there shall be a rear yard on the 0 -65- 4. 5. 6. 7. 9P 9. 10. rear of the lot equal to twenty (20) per cent of the depth of the lot, but in no case shall a re- quired rear yard be less than ten (10) feet in depth. No rear yard shall be required where the retail or commercial use is separated from the residential district by an alley. Area of the Lot No minimum requirements. Width of the Lot No minimum requirements. Depth of the Lot No minimum requirements. Maximum Coverage The main building and accessory building may not occupy more than sixty (60) per cent of the lot area. Miscellaneous Regulations Wherever a "C" District adjoins a single - family, two - family or multiple- family district and is not separated by a street, a six (6) foot solid sight barring fence or better shall be constructed and maintained along or within one (1) foot of the boundary or property Line of said "C" District to serve as permanent screening. All outside lighting fixtures shall be placed and reflected in such a manner so as not to create a glare or sheen onto the adjacent property as to create annoyances, nuisances or hazards. Failure to comply with these requirements shall constitute a violation of the Zoning Ordinance and is subject to the penalties that are hereinafter provided. Exterior Fire Resistant Construction All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction is construction having at least seventy -five (75) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry, or materials of equal character- istics in accordance with the building code of the City of North Richland Hills.) Parking Regulations A. The parking regulations for all neighbor- hood and local retail uses are the same as in the NR and LR Districts. .. B. Commercial amusements - skating rink at a ratio of one (1) space for each one hundred ( 100 ) square feet of floor area; participant amusements - minature golf, driving ranges, amusement parks, a ratio of one (1) parking space for each five (5) persons that can be accommodated. C. Hotel and Motel shall provide off - street parking at the minimum ratio of one (1) space for each guest room.' D. Hospitals shall provide off - street parking at the minimum ratio of one (1) space for each two (2) beds. E. All the other uses not covered above shall provide off - street parking space at a ratio of one (1) space for each three (3) employees. The maximum number of employees on duty at any time, day or night, shall be the basis of determining parking requirements for any establishment. Where the number of employees is undeterminate, off - street parking space shall be provided in a ratio of one (1) space area. F. All business uses shall provide and main- tain off - street facilities for the loading facilities in accordance with the require- ments set forth in the LR District. ARTICLE XX "I" INDUSTRIAL DISTRICT Section IL Permitted Uses: See Article VI - Use of Land and Building Schedule. Section II. �Hei ha t Reequlations: No building shall exceed six (6) standard stories in height unless set -back from all lot lines or any required yard lines one (1) foot for each foot above such height limit. When a building is located on a lot adjoining a single - family, two - family or multiple- family district, it shall not exceed three (3) standard stories in height unless it is set -back one (1) foot from all required yard lines for each one (1) foot of additional height above such height limit. -67- Section III_ Area Requlations: 1. Front Yard No front yard shall be required for a retail, commercial or manufacturing use unless: A. The street is less than sixty (60) feet in width, in which case a manufacturing or commercial structure shall be placed not less than thirty (30) feet from the center line of said street. A twenty -five (25) foot minimum front yard shall be required for a residential, duplex or apartment use. B. Where the frontage on one side of a street within a block is partly in the "I" Dis- trict and partially in a more restricted district, then the front yard shall con- form to the front yard regulations of the more restricted district. 2. Side Yard No side yard shall be required for a retail, commercial or manufacturing use, except on the side of a lot adjoining a single - family, two - family or multiple- family district and not separated there- from by an alley, there shall be a side yard of ten (10) feet or ten (10) per cent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five (5) feet. 3. Rear Yard No rear yard shall be required for a retail, com- mercial or manufacturing use, except where a lot abuts single- family, two - family or multiple- family district in which event there shall be a rear yard on the rear of the lot equal to twenty (20) per cent of the depth of the lot, but in no case shall a required rear yard be less than ten (10) feet in depth. No rear yard shall be required where the retail, commercial or manufacturing use is separated from the residential district by an alley. 4. Area of the Lot No minimum lot area requirements for business uses. 5. Width of the Lot No minimum width requirements for business uses. 6. Depth of Lot No minimum depth requirements for business uses. 7. Maximum Coverage -68- The main building and accessory building shall not occupy more than seventy -five (75) per cent of the lot area. ! 8. Exterior Fire Resistant Construction All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction is construction having at least seventy -five (75) per cent of the exterior walls constructed of brick, stone, concrete block or other masonry or materials of equal character- istics in accordance with the building code of the City of North Richland Hills.) 9. Miscellaneous Regulations Wherever a "I" District adjoins a single - family, two - family or multiple- family district and is not separated by a street, a six (6) foot solid sight bearing fence or better shall be constructed and maintained along or within one (1) foot of the boundary or property line of said "I" District to serve as permanent screening. All outside lighting fixtures shall be placed and reflected in such a manner ao as not to create a glare or sheen onto the adjacent property as to create annoyances, nuisances or hazards. Failure to comply with • these requirements shall constitute a violation of the Zoning Ordinance and is subject to the penalties that are herinafter provided. 10. Parking Regulations A. The parking regulations for all neighbor- hood and local retail uses are the same as in the NR and LR Districts. B. The parking regulations for commercial uses are the same as those in the "C" Commercial District. C. Manufacturing, industrial and processing establishments, repair shops, warehouses, storage buildings, lumber and supply yards shall provide off - street parking space at a ratio of (1) space for each five (5) employees. The maximum number of employees on duty at any time, day or night, shall be the basis of determining ' parking requirements for any establishment. Where the number of employees is indeter- minate, off - street parking space shall be provided in a ratio of one (1) space 41 fbr each one thousand (1,000) square feet of floor area. -69— D. Retail, offices, service, industrial and manufacturing buildings shall pro- vide and maintain off - street facilities for the loading of merchandise and goods within the building or on the lot and adjacent to a public alley or .private service drive to facilitate the movement of traffic-on the public streets. Such space shall consist of a minimum area of ten (10 ) feet by twenty -five ( 25 ) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service pur- poses. ARTICLE XXI ACCESSORY BUILDING REGULATIONS Section I. Definition and Use Regulations A. In a residence or apartment district, an accessory building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used commercial purposes and not rented. ifor ! B. In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction viith the main building. Section II. Height Regulations: No accessory build- J_ ing shall exceed twenty -five (25) feet in height,. not shall it be greater in height than the main structure. Section III. Area Regulations: 1. Front Yard Attached accessory yard not less than accessory buildings defined as the rear 2. Side Yard building shall have a front the main building. Detached shall be located in the area yard. There shall be a side yard not less than three (3) feet from and side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than -70- twenty (20) feet and in no case shall an accessory building be constructed less than fifty (50) feet from the center line of the side street. 3. Rear Yard There shall be a rear yard not less than three (3) feet from any lot line, alley line or ease- ment line, except that if no alley exists the rear yard shall not be less than ten (10) feet as measured from the rear lot line. Where apartments are permitted, the main building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of the opposite side lot line. Carports, garages, or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than fifteen (15 ) feet to the main building nor nearer than three (3) feet to any side lot line. 4. Garage Facing Street or Alley Line Any garage constructed in a residential or apart- ment district detached or as an integral part of the main structure, shall be set back not less than twenty -five (25) feet from any street or S alley line on which it faces. Carports or open parking parallel to an alley shall be set -back a distance of twenty -five (25) feet from furtherest alley line if direct access from alley to parking stall is intended. 5. Area R22 lations in Other Districts All regulations for accessory buildings shall be the same as the regulations for main structures. 6. Floor Area Permitted in Accessory Buildings in Residential and Apartment Districts The floor area of the accessory buildings shall not exceed fifty (50) per cent of the floor area of the main building, except that this require- ment shall not limit the accessory building floor area to less than four hundred (400) square feet, and except that farm or agricultural buildings ate not included. In any case, the accessory building shall not occupy more than thirty (30) per cent of the rear yard. 7. Private Stable or Similar Livestock Building, No building or structure housing livestock, other than normal household pets, shall be located with- in one hundred (100) feet of any side, front or rear property line. -71- • 10 ARTICLE XXII SPECIAL AREA AND USE REGULATIONS A. Courts - Where an apartment building or buildings are erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet. B. Location of Dwellings and Buildings - Only one main building for one - family, two family or multiple- family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, other than an alley, which means of access shall have a minimum width of thirty (30) feet. Where a lot is used for re- tail, commercial, industrial purposes or a combination of same, or for a combination of retail and dwelling pruposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts, and when all such main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the City Plan Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. C. Special Development Signs - Special temporary development and promotion signs, not exceeding four hundred (400) square feet in area, may be erected on private property upon approval of the Building Inspector. The Building Inspector shall -72- control the location and duration of s the occupancy and use of adjacent lots • and that no safety hazard is created. signs will be removed at the direction after completion of the development of project advertised. 10 uch sign use to assure that are not interferred with Such special development of the Building Inspector ninety (90) per cent of the D. Temporary Construction Buildings - Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the Inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the'Building Inspector. E. Conversion - Single- family and duplex structures shall not be permitted to be changed to a use of less restricted classification except on the basis of plans approved by the City Plan Commission and the City Council. Such plans shall show existing and proposed construction and /or remodeling, the use which is intended, the location of the building on the lot, the required off - street parking, and such other features as may be required by this ordinance. No building or portion thereof designed and con- structed as an apartment building under any local retail zoning shall be changed or converted to a non - residential use of any type. ARTICLE XXIII EXCEPTIONS AND VARIANCES Section I.__Vision Clearance On any corner lot on which front and side yards are required, no obstruction is permitted vertically between three and one -half (3 -1/2) feet and ten (10) feet above the curb grade -73- and horizontally fifty (50) feet in each direction from the corner. Section II. Front Yard - The front yards heretofore required shall be adjusted in the following cases: A. Where thirty -five (35) per cent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed, with variation of five (5) feet or less, a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings. However, this regulation shall not be interpreted as requiring a building line of more than fifty (50) feet. ' B. Where the frontage between two intersecting streets is developed with buildings that have not observed a front yard as described in (A) above, then: (1) Where a building is to be erected on a parcel of land and will not be more than two hundred ( 200 ) feet from existing buildings on either side, the building line shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides. • (2) Where a building is to be erected on a parcel of land that is within two hundred (200) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building; however, this regulation shall not be interpreted as requiring a building line of more than fifty (50) feet. C. Where a building line has been established by ordinance and such line requires a greater set- back than is prescribed by this ordinance, in the district in which the building line is located, no building shall be erected closer to the street than the line so established. . D. Where a building line is shown on a plat recorded for record with the County Clerk of Tarrant County after Januzry 1, 1967, and such building line provides a front yard of twenty -five (25) feet or more in depth and a side yard of ten (10) feet or more in depth and is part of a comprehensive plan for the orderly development of a subdivision, either with a uniform or staggered building line, • no building shall be erected closer to the street than the building line or lines so shown. However, any building line established by ordinance shall take precedence over a building line shown on a recorded plat. -74- E. Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no sup- porting structure for such extensions may be located within the required front yard. The sup- porting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the column supporting same. Section III. Side �LnL Rear Yards A. Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projection of window sills, belt courses and other ornamental features projecting not to exceed twelve (121 inches. Eaves and awnings on main residential structures may project to within three (3) feet of a side lot line. • B. Accessory buildings may be built in the rear yard except that when such accessory building is located closer than fifteen (15) feet to the main building. C. Open or lattice enclosed fire escapes, fire- proof outside stairways, balconies opening upon fire towers and ordinary projections of chimneys and flues into rear yards may be permitted by the Building Inspector into the required rear yard for a distance not to exceed three and one -half (3 -1/2) feet. D. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the ground (first floor) level of the building may project into a required side yard provided such projections not be erected closer than two (2) feet from the side lot line. Section IV. Lot Area On any lot separately owned on January 1, 1967, • a single- family house may be erected even though of less area than required by these regulations. 6. -75- • 10 • Section V. Outer Courts Whenever an outer court in a building is used or intended to be used for dwelling purposes and is formed by three exterior walls of the building in which are located any openings, windows or doors for light, access, air or ventilation, the mean depth of the court measured from the base wall to a line projected from the outer edge of one protruding wall to the outer edge of the other protruding wall shall not be greater than one and one -half (1 -1/2) times the distance between the two protruding walls. Whenever the depth of the court equals or exceeds fifty (50) per cent of the distance between the protruding walls, the minimum width of an outer court shall be twelve (12) feet for one (1) standard story building; twenty (20) feet for two story buildings, thirty (30) feet for three story buildings and for buildings exceeding three standard stories in height, the width of the outer court shall be increased one (1) foot for each two (2) feet the building exceeds three standard stories. Section VI. Special Parking Requirements Lodges and fraternal organizations shall provide parking on the basis of one (1) parking space for each two hundred (200) square feet of gross floor area, with a minimum of ten (10) parking spaces. Churches shall provide parking spaces on the basis of one (1) parking space for each five (5) seats in the main sanctuary or auditorium. Places of public assembly, auditoriums, field houses, stadiums and theaters shall provide parking spaces on the basis of one (1) parking space for each five (5) seats. Elementary and junior high schools shall provide parking on the basis of one (1) parking space for each classroom plus one (1) parking space for each five (5) seats in the school auditorium. -76- I* High schools, colleges and universities shall provide parking space on the basis of one (1) parking space for each classroom, laboratory or instructional area plus one (1) parking space for each four (4) students. The parking areas shall have an all - weather surface and shall provide adequate and proper drainage accordance with standard specifications and requirements of the City of North Richland Hills. The parking areas, if lighted, shall be designed and arranged in such a manner that the lights will not create a glare or sheen onto the adjacent properties. No such off - street parking shall be located with- in the required front yard nor within four (4) feet of any building nor within two (2) feet of any property line. Whenever off - street parking spaces are located adjacent to any building or structure, a curb or equivalent barrier shall be placed so as to prevent any vehicle from parking within a minimum distance of four (4) feet from such building or structure. ARTICLE XXIV NON - CONFORMING USES Section I. Any lawful use of property existing at the time of the passage of this ordinance, that does not conform with the regulations prescribed in the preceding sections of this ordinance, shall be deemed a non - conforming use, except that any single - family, duplex or apartment use existing at the time of passage of this ordinance shall be thereafter deemed a conforming use. Section II. The lawful use of land existing at the time of the passing of this ordinance, although such does not con- . form to the provisions thereof, may be continued, but if said non- conforming use is discontinued for a period of six (6) months, any L -77- future use of said premises shall be in conformity with the provisions of this ordinance. Section III. The lawful use of the building at the tim8 of the passage of this ordinance may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided not a structural alteration, except those required by law or ordinance are made therein. If no structural alterations are made, a non - conforming use of the building may be changed to another non - conforming use of the same or more restricted classification; provided, however, that in the event ent a non - conforming use of a building is once changed to a non - conforming use of a higher or more restricted classification, it shall not later be reverted v= i to the former lower or less restricted classification. CO Section IV. The right of non - conforming use to con- '1Z t.inue shall be subject to such regulations as to maintenance of the 0 premises and conditions of operation as may, in the judgment of the M Board of Adjustment, be reasonably required for the protection of adjacent property. Section V. A non - conforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding fifty (50) per cent of its value, the Building Inspec- tor shall issue a permit for reconstuction. If greater than fifty (50) per cent and less than the total, the Board of Adjustment here- inafter created may grant permit for repair after public hearing and having due regard for the property rights of the persons affected r� when considered in the light of the public welfare and the character of the area surrounding the designated non - conforming use of the s conservation and preservation of property. -78- Section VI. A violation of this ordinance and a request for a non - conforming designation or request for relief . under this designation shall not create an estoppel of the trial of any law suit which may be filed in any court. ARTICLE XXV BOARD OF ADJUSTMENT t�J 1. There is hereby created a Board of Adjustment 0 consisting of five (5) me=mbers, each to be appointed by a majority of the City Council for a term of two (2) years and removable for cause by the appointing authority. Vacancies shall be filled by W the appointment by the original appointing authority of a suitable UJ 0- person to serve out the unexpired term of any member whose place Cb on the Board has become vacant for any cause. The Board is hereby vested with power and authority, in appropriate cases and subject 0 • 0 to appropriate conditions and safeguards, to make such exemptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general and special rules therein contained for the purpose or rendering full justice and equity to the general public. The Board may adopt rules to govern its pro- ceedings, provided, however, that such rules are not inconsistent with this ordinance. Meetings of the Board shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, q�_,) showing the vote of each member upon each question, or, if absent ;i or failing to vote, indicating such fact, and shall keep records G of its examinations and other official actions, all of which shall ,� be immediately filed in the office of the Board and shall be a LJ public record. -79- 2. Appeals to the Board of Adjustment can be taken by any person aggrieved or by any officer, department, board or department of municipality affected by any decision z>f the administrative office. Such appeals shall be taken within fifteen (15) days time after the decision has been rendered by the administrative office by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril • to life or property. In such case, proceedings shall not be stayed, otherwise taken by a restraining order which may be granted by the Board of Adjustment or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or by agent. 3. Jurisdiction of the Board of Adjustment - When in its judgment, the public convenience and welfare will be sub- stantially served and the appropriate use of the neighboring property will not be substantially or permanently .injured, the Board of Adjustment may, in specific cases, after public notice -80- 0 a� �4w 6 2 Li LJ 0 0 0 en and public hearing, and subject to appropriate conditions and safeguards, authorizw the following special exceptions to the regulations herein established: (A.) Permit the reconstruction, extension or enlargement of a building occupied by a non- conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. (B.) Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. (C.) Require the discontinuance of non - conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. It is the declared pur- pose of this ordinance that non - conforming uses be eliminated and be required to con- form to the regulations prescribed in the preceding articles of this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non - conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by .inter- ested property owners inquire into the existence, continuation or maintenance of any non - conforming use within the city. It is the declared purpose of this ordinance that non - conforming uses be eliminated and be required to conform to the regulations prescribed in the pre- ceding articles of this ordinance. The Board of Adjustment shall also have the fol- lowing powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made -0 by an administrative official in the enforcement of this ordinance; to hear and decide special exceptions to the terms of the ordinance upon which the Board is required to pass under this ordinance; to authorize upon appeal in special cases such variances from the terms of the ordinance as will not be contrary to the public in- terest where, owing to special conditions, the literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done. 4. In exercising its powers the Board may, in con- fortuity with the provisions of Articles 1011 -a to 1011 -j of the Civil Statutes of Texas, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. 5. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance. 6. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any tax- payer or any officer, department or board of the municipality may present to a court of record a - petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the .illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter. -82- ARTICLE XXVI UNPLATTED PROPERTY The City Plan Commission of the city shall not approve any plat of any subdivision within the city limits of the city until the area covered by the proposed plat shall have been per- manently zoned by the City Council. The City Plan Commission of the city shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City is pending before the City Council. In the event the City Plan Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of permanent zoning and annexation at the same time. ARTICLE XXVII PERMITS AND CERTIFICATES Section I. Certificate of Occupancy and Compliance 1. No building hereafter erected or struc- turally altered shall be used, occupied, or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Inspector stating that the building or proposed use of the building or premises complies with the building laws and the provisions of these regulations. 2. Certificates of occupancy and compliance shall be applied for coincident with the application for building . permit and shall be .issued within ten (10) days after the erection of structural alteration of such building shall have been completed M-Na in conformity with the provisions of these regulations. A record any person having a propriety or tenancy interest in the building affected. 3. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance. ARTICLE XXVIII PENALTY FOR VIOLATION Any persons or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter of all certificates shall be kept on file in the office of the statement or plan Building Inspector and copies shall be furnished on request to any person having a propriety or tenancy interest in the building affected. 3. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance. ARTICLE XXVIII PENALTY FOR VIOLATION Any persons or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter and shall be liable to a fine of not more than Two Hundred ($200.00) Dollars and each day such vioation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any archi- tect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be fined as herein provided. ARTICLE XXIX CHANGES AND AMENDMENTS 0 1. The governing body may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established. any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than Two Hundred ($200.00) Dollars and each day such vioation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any archi- tect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be fined as herein provided. ARTICLE XXIX CHANGES AND AMENDMENTS 0 1. The governing body may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established. 2. Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the Planning Commission for its recommendation and report. 3. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one (1) time in the official pbulicat.ion of the City of North Richland Hills, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. Written notice of all public hearing before the City Planning and Zoning Commission on proposed changes in classification shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than • ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appeared on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid in the city post office 4. Unless such proposed amendment, supple- ment or change has been approved by the Planning Commission or if a protest aginst such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20)per cent or more, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending 200 feet herefrom or of those • directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three - fourths (3 /4ths) vote of the governing body. -85- 5. The official zoning map of the City of North Richland Hills shall be kept in the office of the City Sec- retary. ARTICLE XXX DEFINITIONS Certain words in this ordinance are defined for the purpose hereof as follows: 1. Words in the present tense .include the future; words in the singular number .include the plural number; the words in the plural number include the singular; the word "building" .includes the word "structure ", the word "lot" includes the word "plot ", the word "shall" is mandatory and directive. 2. Accessory Building: In a residence or apartment district, a subordinate building, attached to or detached from the main building without separate utilities, not used for commercial purposes and not rented and containing servants quarters, a wash- room, a storage room for domestic storage only, and space for one or more automobiles. In any other district, a subordinate building, the'use of which is incidental to and used only in conjunction with the main building. 3. Alley: A public space or thoroughfare which affords only secondary means of access to property abutting thereon. 4. Apartments: A room or suite of rooms in an apartment house arranged,designed or occupied as the residence by a single family, individual, or group of .individuals. 5. Apartment House: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more living units or which is occupied as the home or residence of three or more families living .independently of each other and maintaining separate cooking facilities. 6. Area of the Lot: The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys. 7. Auto Trailer: See house trailer. 8. Basement: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. 9. Block: An area within the City enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side. L -86- 10. Boarding House: A building other than a hotel, where lodging and meals for five or more persons are served for com- pensation. • 11. Breezeway: A covered passage one story in height connecting a main structure and an accessory building. 12. Building: Any structure or building for the support, w shelter and enclosure of persons, animals, chattels, or movable W property of any kind. (1) 13. Building Line: A line parallel or approximately parallel LL to the lot line and beyond which buildings may not be erected. 14. Building, End Of: Those sides of the building having the least dimensions and in which doors or openings are not customarily provided for ingress and egress. cr 0 15. Business: Includes retail, commercial, and manufacturing 0 uses and districts as herein defined. 16. Cellar: That portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. 17. Clinic, Medical: An institution or station for the examination and treatment of ill and afflicted out - patients. 18. Court: An open, unoccupied space bounded on more than two sides by the walls of the building. An .inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court-having one side open to a street, alley, yard or other permanently open space. 19. Depth of Rear Yard: The mean horizontal distance between the rear line of a building other than accessory building and the rear lot line. 20. Depth of Lot: The mean horizontal distance between the front and rear lot lines. "A 21. Dwelling, One - Family Detached: A detached building having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders or lodgers. ,. M 22. Dwelling, One - Family Attached: A dwelling unit on a sep- UJ platted lot which is joined to another dwelling unit on < one or more sides by a party wall or abutting separate wall, served W by separate utilities and not occupied by more than one family. .3 23. Dwelling, Two - Family: A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders or lodgers. (Two boarders or lodgers to each unit.) cc 24,. Dwelling Unit: A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters. -87- 25. District: A section of the City for which the regulations governing the area, height or use of the building are uniform. 26. Efficiency Apartment: An apartment having a combination living and bedroom. (No separate bedroom). 27. Family: A family is any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood. 28. Front Yard: An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang. 29. Grade: The average elevation of the highest and lowest elevations measured at the finished surface of the ground at any of the exterior corners of the building or structure. 30. Gross Floor Area: The gross floor area of an apartment house shall be measured by taking the outside dimensions of the apartment building at each floor level excluding, however, the floor area of basements or attics not used for residential purposes. 31. Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or, is no street grade has been established, to the highest point of the roof's surface if a flat surface; to the deck line of mansard roof's surface if a flat surface; to the deck line of gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, penthouses, or spires, and parapet walls not exceeding four (4) feet in height. 32. Hobby Shop: An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith. 33. Hotel and Motel: A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually . occupied singly for hire, in which there are no provisions for cooking in individual rooms or apartments. 34. House Trailer: A portable vehicle designed as temporary or permanent place of abode. 35. Housing Project: An area of three (3) or more acres arranged according to a site plan to be submitted to and to be approved by the City Planning and Zoning Commission and the City Council on which is indicated the amount of land to be devoted to housing fac- ilities, their arrangement thereon, together zoned as an apartment zone upon -the recommendation of the City Planning and Zoning IME Commission and the action of the City Council, and in which it shall not be necessary to subdivide the area into lots and blocks. The site plan shall indicate that all access streets, alleys, side- walks, storm sewers, and storm sewer inlets shall be provided as required by the City and built in accordance with City specifi- cations. 36. Living Area: That portion of a building or structure devoted to the occupants use and benefit and shall not include garages, carports or outside areas. 37. Lodging House: A building other than lodging for five or more persons is provided 5 38. Lot: Land occupied or to be occupied its accessory building and including such open under this ordinance, and having its principal public street or officially approved place. a hotel, where 3r compensation. by a building and spaces as are required frontage upon a 39. Lot lines: The lines bounding a lot as defined herein. 40. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk, or a parcel of land, the deed for which was recorded in the office of the County Clerk prior to passage of this ordinance. 41. Non - Conforming Uses: A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regu- lations of the district in which it is situated. 42. Open Space: Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches. 43. Parking Space: An area of not less than 180 square feet (measuring approximately 9 feet by 20 feet) not on a .public street or alley, surfaced with an all- weather surface, enclosed or unenclosed, together with an all- weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. In any single- family dwelling, duplex or apartment district, the parking of trucks or buses for commercial purposes shall not be permitted. Head -in parking adjacent to public thor- oughfares wherein the maneuvering is done on a public street, shall not be classified as off - street parking in computing the parking requirements for any use. 44. Permanent Community Open Space: Parks, School Playgrounds, Community Centers, Golf Courses, Parkways, Water Areas or similar areas which are dedicated to the City of North Richland Hills or which are created as private open space under a permanent agreement for maintenance and responsibility which agreement is accepted by the City,�Council and approved by the City Attorney. • 45. Place: An open, unoccupied space reserved for purposes of access to abutting property. 46. Private Garage: An accessory building or portion thereof in which not more than five (5) privately owned motor - driven vehicles are stored by occupants of the premises, not more than one of which may be a truck of not to exceed one (1) or one and one -half (1 -1/2) ton capacity. . 47. Public Garage: A building or portion of a building used for repair, care, or servicing of motor - driven vehicles, or where motor - driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers and vans. 48. Private Stables: A stable with a capacity for not more than four horses or mules. 49. Public Stables: A stable with a capacity for more than four horses or mules. 50. Rear Yard: The required rear yard is an open space un- occupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and having a depth of twenty (20) per cent of the depth of the lot. 51. Screening: Screening consisting of a solid sight barring fence shall be built and maintained along those property lines adjacent to residentially zoned properties. 52. Shoppirg Center: An area consisting of three (3) Acres-6r more arranged according to a site plan to be submitted to and to be approved by the City Planning and Zoning Commission and the City Council, on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets, and type of zoning desired. It shall be required that the installation of all utilities, drainage structures, the paving of streets, parking area, alley and sidewalks be in accordance with the city specifications for each type of improvement. 53. Sight Barring: A fence or wall having a height of six (6) feet of a permanent type wall material, the surface of which does not contain openings more than forty (40) square inches in each one (1) square feet of surface of such wall or fence and which surface shall constitute a visual barrier. 54. Servants Quarters: An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile. 55. Service Station: As a retail use, does nctinclude major repairs, overhauling, equipment rental, used or new car sales or auto parts and accessory sales. 56. Side Yard: An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line. 57. Storage Garage: A building or portion thereof used for the storage of more than five (5) passenger motor vehicles and M trucks of nbt more than one and one half (1 -1/2) ton capacity. 58. Story, Half: A story having an average height of not more than eight (8) feet, covering a floor area of not more than seventy -five (75) per cent of the area of the floor of the first story below. 59. Story, Standard: One having eleven (11) feet six (6) inches between floors. 60. Street: Any thoroughfare or public driveway, other than any alley, and more than twenty (20) feet in width, which has been dedicated or deeded to the public for public use. 61. Street Line: A dividing line between a lot, tract or parcel of land and a contiguous street. 62. Structural Alterations: Any change in the supporting member of a building, such as a bearing wall, column, beams or girders. 63. Tourist Court: One or more buildings designed or used as temporary living quarters for automobile transients in which individual cooking facilities may or may not be provided. If facilities are provided for individual cooking so that the units may be occupied as dwelling units the same area, density and yard regulations as required in the "A" Apartment District, shall be observed. In all cases, one (1) off - street parking space shall be provided for each room or suite of rooms in the tourist court. 64. Trailer Camp or Park: An area designed, arranged or used for the parking or storing of one or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families. House trailers, auto trailers, or mobil homes shall not be considered as dwellings, structures or buildings. 65. Used Car Lots: A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of auomob.ile parts. 66. Width of Side Yard: The mean horizontal distance between a side wall of a building and the side line of the lot. 67. Yard: An open, unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky. ARTICLE XXXI COMPLETION OF EXISTING BUILDINGS • Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under -91- construction at the time of the passage of this ordinance and which entire building shall be complete within one (1) year from the passage of this ordinance, or for which a building permit has been hereto fore issued and which entire building shall be complete within six (6) months from the date of date of the passage of this ordinance. If any amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to buildings or premises existing or buildings under construction or building permits issued at the time of the passage of this ordinance shall apply to building permits .issued in the area affected by such amendment at the time of the passage of such amendment. ARTICLE XXXII PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this orinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a con- forming use. Otherwise, such uses shall remain non- conforming uses where recognized, or an .illegal use, as the case may be. It is further the .intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the zoning ordinance was repealed and the present zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be .instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. -92- ARTICLE XXXIII VALIDITY • If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be .invalid or unconstitutional. ARTICLE XXXIV INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agree- ments between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by agreements, the provisions of this ordinance shall govern. ARTICLE XXXV REPEALING CLAUSE All ordinances and part of ordinances in conflict herewith are repealed, except that where a special permit zoning ordinance has heretofore been adopted by the City Council requiring dedication of street or alley right -of -way, and where such required right -of- way has not been dedicated, the provisions of such special permit ordinances requiring such dedications shall remain in full force and effect, and shall not be repealed by the provisions of this Zoning Ordinance. -93- ARTICLE XXXVI WHEN EFFECTIVE The fact that the present zoning regulations are inade- quate to properly safeguard the general public welfare, health, peace and safety, creates an urgency and an emergency, and requires that this Ordinance become effective .immediately upon its passage, and it is accordingly so ordained. PASSED AND APPROVED by the unam.inous vote of all members of the City Council present at a regular meeting in the Council chambers of the City of North Richland Hills, after the close of the joint public hearing between the City Planning and Zoning Commission and the City Council, the 13th day of November, 1967. Calvin F. Luger, Ma of ATTEST: E alyn Ree , City Secr ary APPROVED,,XS TO FORM AND LEGALUY: • PASSED, APPROVED AND ADOPTED this 13th day of November 1967. CITY SECRJrARY • is e. TO SEE EXHIBITS) TO ORDINANCE, PLEASE CONTACT CITY SECRETARY'S OFFICE /MUNICIPAL RECORDS 1141111I.C1011"1114t nAlLy Npvn L U n I n 0 AG D I S T R I C T C M A P In L IN 4'. J6 I Or:10 1 1 1.-1 I F - 9 FL R AG F. P. A G j60 1.F — S. U. OLLEG� A G X zmim f log 'IN V96, ON WT IN -414 %Ali I W alwlfflm,_ AG F -9' R .- E�: .. ;_� " F.P. r IF -9 ��l Ei Ilk IF-9 AG om i eel C I ti 1T 9P. C LI I FL 9 A %9% %FA S. U. AREA V. C L fl A G A ZG F. P.. I F -12 S. U: ,jCOLLEGE_ IF -12 —IF -12 F. P. H T T T1 C R PUNK NOTICE : L F . P. M I N1 M U M Public Notice is hereby given by the City tic's review and Inspectila". Below is a y L E G E N D of North Richland Mills. Con"Ity' of Tor- copy of the Oreposed, Zoning District LIVING P E R AREA U N I T rant. Ter-ms, that the City Council Ond Map. FA G� Planning and Zoning Comirission of said /S/ Calvin F. Luper 0 800 sq. ft. -City will ho!d a Public misaring an Thars-ii MAYOR day Joiltr 13, 1967 at 7:30 P.M. at the ATTEST. sq. ft. -1,400 sq. ft. City Hall, 4101 Morgan Circle' on the YS/ Fvalyn; R. Reed Proposed Zoning Ordinance and Pro- City Secretary ONE FAMILY DWELLING— 9,000 sq. ft. -1,200 posed Zoning District Map. Ce3ples of No. 7110 IF -9 these decrements are on file at the City 71R. IF-7 ONE FAMILY DWELLING— 7,000 Sq. ft�_ Hall, 4101 Morgan Circle. for the Pu b_ sq. ft. ierti rl a F2­F_- 9 TWO FAMILY DWELLING— 9,000 sq. It.— 1.000 sq. ft. L.R FM_Fj MULTIPLE FAMILY DWELLING— 1,500 sq. ft. A G Sq. ft. P R O P O S E D FN R NEIGHBORHOOD RETAIL PER UNIT AVERAGE L U n I n 0 AG D I S T R I C T C M A P In L IN 4'. J6 I Or:10 1 1 1.-1 I F - 9 FL R AG F. P. A G j60 1.F — S. U. OLLEG� A G X zmim f log 'IN V96, ON WT IN -414 %Ali I W alwlfflm,_ AG F -9' R .- E�: .. ;_� " F.P. r IF -9 ��l Ei Ilk IF-9 AG om i eel C I ti 1T 9P. C LI I FL 9 A %9% %FA S. U. AREA V. C L fl A G A ZG F. P.. I F -12 S. U: ,jCOLLEGE_ IF -12 —IF -12 F. P. H T T T1 C R F, -NhF - 11 : L F . P. M I N1 M U M IF 7 y L E G E N D LOT AREA LIVING P E R AREA U N I T FA G� AGRICULTURE —2 ACRES 800 sq. ft. ONE FAMILY DWELLING —,12,000 sq. ft. -1,400 sq. ft. 1 F-9 ONE FAMILY DWELLING— 9,000 sq. ft. -1,200 sq. ft. IF -9 IF-7 ONE FAMILY DWELLING— 7,000 Sq. ft�_ 1,000 sq. ft. F. P F2­F_- 9 TWO FAMILY DWELLING— 9,000 sq. It.— 1.000 sq. ft. FM_Fj MULTIPLE FAMILY DWELLING— 1,500 sq. ft. 750 Sq. ft. • L R FN R NEIGHBORHOOD RETAIL PER UNIT AVERAGE FL R LOCAL RETAIL COMME'RCI'AL IN DUST'RtAL PLANNED OEVELOPMENT r - - -1 INDFCATE 5 .A-SPECIFIC. -USE` PERMIT L j� -j FOR USE OR USES LISTED r F. Fi INDICATES THAT A PORTfON OF THE DISTRICT IS SUBJECT TO OVERFLOW RESTRICTING ITS�USE r - - - -... LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF '¡'jen :? 1": Before me, the undersigned authority on this day personally appea:r:edEl::8 r1" r Io,·d known to me to be a credible person, who first being sworn, deposed and upon her oath said: Bookkeeper Yid Citie~ DQ~lv Ne~s That she is the of the .-; a"newspaper which has been regularly and continuously published and of general circulation-in the City/Town of l:rUl'f' t , for a period of more than one year next preceding the first publication of the attached r,t::):yr.il l\Tnti C:A and that he caused said notice to be published in said newspaper on the following date/so h /"lQ, /67 '-' I C I '-- That the attached is a true and correct copy of said notice as pub- lished on said date/s in said T'i è Ci ties D8i 1 y ne"r:') . ~/~ 3rc1. . ,T111y Sworn to and subscribed before me, this the_day of_, 1~6..:+- ATTACH LEGAL COPY HERE ~; t . ...