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ORDINANCE NO. 1947
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING PERSONAL CARE HOMES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by
changing the said ordinance as set forth herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS:
1.
THAT, Article 3, Section 310, Table of Permitted Uses, Subsection A. Residential Uses, be hereby amended to add
Personal Care Home as a use allowed by Special Use Permit in the R-1, R-2, and R-3 Single Family Residential, R-1-S
Special Single Family, and R-4-D Duplex Residential zoning districts; and to add Personal Care Home as a use by right in
the U - Church, School and Institutional zoning district.
2.
THAT, Article 3, Section 320, Special Land Use Regulations, be hereby amended to add the following:
(16) Personal Care Home
A. Purpose It is the intent of this Subsection to provide for Personal Care Homes within traditional residential areas to
accommodate persons who are primarily fifty-five years of age and over, regardless of their relationship to the owner
or caretaker of the Personal Care Home.
B. General Criteria Not less than eighty (80) percent of the residents of a Personal Care Home shall be fifty-five years
of age and over. A Personal Care Home shall not accommodate individuals who are bed-ridden, chronically disabled,
invalid or pose a direct threat to the health, safety, or welfare of themselves or others. A Personal Care Home shall
not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance
or assistance in the transition from institutional care to normal social activities and treatment, counseling, or other
services are related to such rehabilitative activities.
A Personal Care Home shall be licensed and operated in a manner consistent with such standards as may be required
by the Texas Department of Health and the Texas Department of Human Services.
When a Special Use Permit for a Personal Care Home is required by this Ordinance, unit Special Use Permit is
subject to the requirements and procedures prescribed in Article 5, Section 500 Special Use Permits, except for any
special site plan requirements which are specified below.
C. Special Site Plan Requirements: A Site Plan shall accompany every application for a Special Use Permit for a
Personal Care Home. Such Site Plan shall include as a minimum the following information, and shall be made a part
of the amending ordinance. The following information is required in lieu of those requirements set forth in Article 5,
Section 500, Paragraph C 2, and Section 510 Site Plan Regulations.
a. A Plot Plan of the property showing all property lines and the footprint of all buildings.
b. A floor plan of the structure, drawn at a minimum scale of 14" = l' 0", which indicates all openings and
identifies the intended use for each room.
c. The gross floor area of the structure and the square footage of the total habitable area.
d. A letter in writing indicating the proposed number of occupants.
e. Any proposed exterior lighting.
f. Any proposed signs, where allowed.
g. Any additional information deemed necessary by the Planning and Zoning Commission or City Council.
D. Certificate of Occupancy: No Personal Care Home shall be occupied until after the Building Official has issued a
Certificate of Occupancy therefor. The Certificate of Occupancy shall state that the occupancy authorized is in
compliance with the Zoning Regulations and the approved Special Use Permit.
A new Certificate of Occupancy shall be applied for upon any change of ownership of the property or of the Personal
Care Home.
E. Annual Building Inspection Every Personal Care Home shall be subject to an annual building inspection by the
Enforcing Officer on or before the anniversary date of the Certificate of Occupancy. The purpose of the annual
building inspection is to determine compliance with the terms of the approved Special Use Permit and the Zoning
Regulations.
F. Non-compliance with Special Use Permit: Noncompliance with the terms of the approved Special Use Permit shall
be considered a violation of this Ordinance. If it is determined by the Enforcing Officer that a Personal Care Home is
in non-compliance with the terms of the approved Special Use Permit, or any other ordinance, the owner of the
Personal Care Home shall either (1) correct such defect within 30 days after notification from the City, or (2) apply to
the City for an amendment to the Special Use Permit; or else be in violation of this ordinance and be subject to
revocation of the Special Use Permit. Any immanent threat to health and safety shall be corrected as determined by
the Enforcing Officer. Furthermore, any violation of said Special Use Permit shall be subject the owner of the Personal
Care Home to a penalty as prescribed in Section 240, Penalty Clause.
G. Performance Standards The following performance standards shall be required of all Personal Care Homes:
1. Maximum Number of Residents: The number of qualified residents shall not exceed the ratio of one person for
every 250 square feet of the habitable area within the dwelling unit. However, the maximum number of qualified
persons per dwelling unit, as defined in the definitions of these Zoning Regulations, allowed as residents in a Personal
Care Home shall not exceed six persons, excluding one resident caretaker per six residents, with a maximum of twelve
qualified residents in anyone structure.
2. Parking and Traffic: Provisions for off-street parking spaces shall comply with the requirements of the base
zoning district. Daily parking and traffic activity shall not exceed the average amount of activity displayed by adjacent
properties, but in no event shall the number of cars parked on a regular daily basis exceed one car per bedroom.
3. Structural Modifications: In order to maintain neighborhood unit integrity, any additions or substantial
renovations that increase the gross floor area of the structure, or increase the square footage or layout of the
designated sleeping areas shall require approval by the City Council as an amendment to the Special Use Permit.
Garage enclosures shall not be allowed. Routine maintenance of the exterior shall be exempt from this requirement.
Ordinance No. 1947
Personal Care Homes
Page 2
4. Signs: No advertising signs shall be permitted on the premises of a Personal Care Home. All signs, when allowed
by the sign regulations shall be consistent with the regulations set forth in Article 8, Sign Regulations, of the Zoning
Regulations.
5. Outside Activities: Those activities generally accepted in residential zoning districts shall be allowed, including
but not limited to garage sales and cook outs. All garage sales shall conform to the garage sale regulations contained
elsewhere in the zoning regulations for residentially zoned properties. Excessively loud noises are subject to Section
15-58 of the Code of Ordinances of the City of North Richland Hills.
6. Distance from Similar Facilities: A Personal Care Home shall not be located within a one-half mile radius from
another Personal Care Home, or from a Community Home for Disabled Persons, as defined by Chapter 123.001, Tex.
Human Resources Code, V.T.C.A., or a similar group home or institution.
7. licensing: Every Personal Care Home shall be licensed by the Texas Department of Human Resources as
required by the Personal Care Facility Licensing Act, Section 247.021, Tex. Health and Safety Code, V.T.C.A.
Furthermore, such License shall have been obtained prior to the first annual re-inspection required herein or else be in
violation of this ordinance. Every Personal Care Home shall comply with applicable state and federal laws regarding
such facilities.
3.
THAT, Article 10, Section 1000 Definitions, Personal Care Home, be hereby amended to read as follows:
Personal Care Home - A quasi-residential facility where room, board, and personal services are provided within a dwelling
unit to four, but not more than six primarily elderly persons, regardless of the relationship to the owner. Personal care
services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or
administration of medication by a person licensed to administer medication, as defined by the Personal Care Facility
Licensing Act, Section 247.002, Tex. Health and Safety Code, V.T.C.A.
4.
THAT, Article 10, Section 1000 Definitions, Residence Apartment for the Aged, be hereby deleted.
5.
THAT, Article 3, Section 310, Table of Permitted Uses, Subsection A. Residential Uses, be hereby amended to delete
Residence Apartment for the Aged.
6.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council
Ordinance No. 1947
Personal Care Homes
Page 3
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
7.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF NOVEMBER, 1993.
#f111 æ ßwÞyJ
Chairma~:~ng Commission
V
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 10TH DAY OF JANUARY, 1994.
Mayor, City of orth Richland Hills, Texas
ATTEST:
~~/z0~
CitlSecretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 1947
Personal Care Homes
Page 4
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, . NOTICE OF PUBLIC HEARING
The City Council of the City of North Richland Hills
Texas, will conduct a Public Hearing on Monday;
January 10, 1994, to consider an àmendment to the
Zoning Ordinance No. 1874. regarding Pérsonal
~are Homes. This Hearihg will be held at 7:30 p.m.
In the Council Chambers, 7301 Northeast Loop 820
North Richland Hills, Texas. '
This is Case No. PZ 93-18.
Tommy Brown,MÇlYol' .
LEGAL AFFIDA' City of North Richland Hills, Texas
~,t~PN ,
PI1.;'12/19/13
THE STATE OF TEXAS:
COUNTY OF TARRANT
ATTACH LEGAL
COpy HERE
Before me, the undersigned authority on this day personally ap-
peared RHONDA THOMPSON known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
ThatFheisthe C.L.A.R. of the MID CITIES NEWS ,anewspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of N. RICHLAND HILL~ for a period of
more than one year next preceding the first publication of the attached
LEGAL AD _._ and that he caused said notice to be published in
said newspaper on the following date(s). j¿:J-I/919.:3
That the attached is a true and correct copy of said notice as
published on said date(s) in said NEWSPAPER
e-v?!;Ú ìt t(óL- L1'Jð ìl¿¡)t;}f)L/
Sworn to and subscribed before me, this th~¿) day of ~(j
19!22.
~~=~i~'
-. TARRANT County, Texas
~lJ
r\0\
U
tjOrÎCÊ'OF'PV81.C"~R ING
Thé"iririingåoard ~rAdlustrnénfof the City ~f
North Richland Hills, Texas, will conduct a pu.bllc
hearing on Monday, November 8, 1993, to consider
the request of James R. Harris Company to rezone
Tracts 2A, 2A 1, 2A2, and 2C¡ Th0m.as Peck. Surv~y,
Abstract 1210, from its present zontn~ claSs!flcatlon ,
of AG Agriculture to R-2 Single Family Residential.
This property is located on the north side of North
Tarrant Parkway, approximately. 1000-feet west of
Castle Creek Road. This Hearing will be held at 7:30
p.m. in the Council Chambers, 7301 Northeast Loop
820, North Richland Hills, Texas. '
LEGAL AFFIDA' This is Case No. PZ 93-21.·
Tommy Brown, Mayor
City of North Richland Hills, Texas
THE STATE OF TEXAS:
COUNTY OF TARRANT
M~"CPN 1"
PUB: 10/WfJ"
.:.our J: DI!IAI!I
Before me, the undersigned authority on this day personally ap-
peared RHONDA THOMPSON known to me to be a credible person, who
first being sworn, deposed and upon her oath said;
That she is the C.L.A.R. of the MID CITIES NEWS ,anewspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of N. RICHLAND HILL~ for a period of
more than one year next preceding the first publication of the attached
LEG A LAD and that he caused said notice to be published in
said newspaper on the following date(s). 10124 10 'ÎJ
That the attached is a true and correct copy of said notice as
published on said date(s) in said NEWSPAPER
~uVtdjL"j~~m--.J
before me, this theQ day ofQf!l;-
Sworn to and subscribed
19$.
ri(\5'<\j \~ ~ \
\,~~ Notary Public,
TARRANT County, Texaø