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HomeMy WebLinkAboutOrdinance 2996ORDINANCE NO. 2996 AN ORDINANCE AMENDING CHAPTERS 18 AND 118 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING REGULATIONS FOR GARAGE SALES; AMENDING THE ZONING ORDINANCE TO ALLOW GARAGE SALES SUBJECT TO COMPLIANCE WITH REGULATIONS CONTAINED IN THE CODE OF ORDINANCES; ESTABLISHING FEES FOR GARAGE SALE PERMITS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 18-735 of the North Richland Hills Code of Ordinances, is hereby amended to read as follows: "Sec 18-735. Garage sales. a) Single Residence Garage Sale. In conjunction with the residential occupancy of a one or two family dwelling, the occupants thereof may offer their personal belongings and household effects for sale to the general public in a garage or other setting located on the property; provided, however, that a permit is granted by the city, the interval between such sales shall be at least six months, and no sale period shall extend for more than two consecutive calendar days. The occasional sale of personal automobile, trailer, boat, and like belongings may be allowed without a permit. b) Neighborhood Garage Sale. A recognized homeowners association or organized neighborhood group may conduct one neighborhood garage sale per calendar year, with no sale period extending for more than two consecutive calendar days. If no homeowners association exists, the applicant must show that six or more homes in a Ordinance No. 2996 Page 1 of 3 contiguous area will participate in the event. Participation in a neighborhood garage sate will not affect an individual property owner's right to his allowed garage sales." Section 2: THAT Section 118-723 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 118-723 Garage sales Temporary garage sales are allowed in all single family residential zoning districts by a permit regulated under Section 18-735 of the Code of Ordinances." Section 3: THAT Appendix A of the North Richland Hills Code of Ordinances be amended by deleting the provision contained in Item 20 of Table 2 under Chapter 98 and adding a new provision under the heading Chapter 18. BUSINESSES to read as follows: "Location in Code Description Fee Section 18-735 Residential Garage Sales Single residence $6.00 Neighborhood $30.00" Section 4: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each violation of any other portion of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 5: It is hereby declared to be the intention of the City Council that the sections, 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 unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Ordinance No. 2996 Page 2 of 3 PASSED AND APPROVED on this 23rd day of June, 2008. H T: -y-' r h .r %(~ ~ricia'Wu~t~z~'City Secretary ~ ~•.._.......~.a,l- CITY OF TH AND HILLS By: O r T evino, Mayor APP~~JED~A('iS TO~O~tM AND LEGALITY: e A. 5taple(s, Gity~Attorney APPROVED- TO CONTENT: ,,r~ _~.T~ w r, , John Pitstick, Planning & Development Director Ordinance No. 2996 Page 3 of 3