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HomeMy WebLinkAboutOrdinance 3068ORDINANCE NO. 3068 AN ORDINANCE AMENDING SECTIONS 118-631, 118-714, 118-718 AND ARTICLE IX OF CHAPTER 118 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE NORTH RICHLAND HILLS ZONING ORDINANCE TABLE OF PERMITTED USES; AMENDING VISIBILITY TRIANGLE RESTRICTIONS AND ILLUSTRATIONS; AMENDING CARPORT DESIGN REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Section 118-631 of the City of North Richland Hills Code of Ordinances and the Table of Permitted Uses therein contained are hereby amended by adding the following new uses permitted in the HC Heavy Commercial, 11 Light Industrial, and 12 Heavy Industrial districts with a special use permit: Indoor shooting range Motorcycle sales Auto laundry/car wash And by adding a requirement for a Special Use Permit for existing HC use: "Moving or Storage Company" And by adding a requirement for a special use permit for the existing HC use "Moving or Storage Company, and for the existing R7MF use "Social Services Facility w/Temporary Lodging." SECTION 2: THAT Section 118-714 of the North Richland Hills Code of Ordinances be amended to read as follows: Ordinance No. 3068 Page 1 of 4 Sec. 118-714. Visibility sight triangles. a. Generally. No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet above the average curb grade. The placement of utility poles or traffic control devices shall be regulated by the public works director. (See article IX of this chapter for illustration.) b. Street intersections. (1) On corner lots where two residential streets the triangular area shall be formed by extending the property lines, from their point on intersection, a distance of 15 feet and connecting these points with an imaginary line, thereby making a triangle. (2) On corner lots where any combination of residential, C-2-U, C-4-U and larger collector streets intersect the triangular area shall be formed by extending the property lines, from their point of intersection, a distance of 70 feet in the directions of approaching (perpendicular) traffic and 15 feet in the direction parallel to the approach of the intersection and connecting these points with an imaginary line, thereby making a triangle. . (3) In cases where streets do not intersect at approximately right angles, the public works director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. c. Driveway visibility triangles for commercial driveways. No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular areas shall be formed by extending from the imaginary intersection point of the street right-of-way line with the relationship to the intersection; and 15 feet in the direction parallel to the approach of the intersection; and be clear at elevations between 30 inches and nine feet above the average curb grade. When a driveway intersects with cone-way street, a visibility triangle is only required on the oncoming traffic side of such driveway, unless traffic safety considerations dictate otherwise." SECTION 3: That Section 118-718 (d)(13) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 118-718. Accessory buildings and structures. (d) Carport regulations. A carport shall comply with the following: Ordinance No. 3068 Page 2 of 4 (13) Design criteria: a. Pitch of roof: Flat or nearly flat roofs are not permitted. The pitch of the roof shall be a minimum of at least four vertical to 12 horizontal (4:12) on each sides of the ridge, or be architecturally designed so as not to appear flat. b. Posts: Common metal posts are not permitted. The structure shall have masonry or other alternative architecturally enhanced materials. SECTION 4: That Article IX of Chapter 118 of the North Richland Hills Code of Ordinances be amended by replacing the illustration of visibility triangles with Attachment A hereto. SECTION 5: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: Penalty. Any person, firm, or corporation who violates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8: Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. Ordinance No. 3068 Page 3 of 4 SECTION 9. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of September, 2009. a~`~~~ N LA '"''y~~i `~, ~1G,,..........Np a ~: f titir~ ~ n ~:~ ~ =r o; 2' C =11 r ,~~TEST. t~'~; CITY O N RTH HLAND HILLS By:_ Oscar Trevino, Mayor Patricia Hutson, City Secretary AP TO FARM AND LEGALITY: I~ George A. Staples City Attorney APPROVED AS TO CONTENT: ~____J John Pitstick, Planning & Development Director Ordinance No. 3068 Page 4 of 4 ATTACHMENT A SIGHT 1JISIBILITY TRIANGLES FIGURE 2: INTERSECTION OF ANY COMBINATION OF RESIDENTIAL, C-Z-U, C-4U AND LARGER FIGURE 1: fNTERSECTION OF TWO RESIDENTIAL STREETS i i 15' -- ~ -- 15' ---~ ' -- i ( i COLLECTOR STREETS t --------f+------ I FIGURE 3: INTERSECTION OF COMMERCIAL DRIVEWAY WITH PUBLIG STREET RIGHT-0F--WAY -----------~ i r------------.-------------------------- i i i ~ i - -- Star - Telegram INVOICE Customer ID: CIT 13 - Print 400 W. 7TH STREET FORT WORTH Tx 76102 Invoice Number: 306993621 (817) 390 -7761 Invoice Date: 10/9/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Bill To: Due Date: 10/31/2009 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 30699362 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 10/8/2009 - 10/9/2009 cl TH RICHLAND HILLS 0R NCE CITY OF NORTH TR ordin a 04 An ordinance mend - S 13580 In sections ass- 1 60 60 LINE $0.36 61, 11e -714, 1188- $43.20 718 and Article IX of �.= ".Sales Discount Chapter 118 of the Code of Ordinances = of the City of North ($5.00) Richland Hills, Tex- as; amending the Misc Fee North Richland Hills Zoning Ordinance $5.00 Table of Permitted Uses; - amending Visibility Triangle Restrictions and 11- Iustratigns; amend- . ing Carport Design Regulations; prov ing a sever Net Amount: $43.20 ability clause; providing a Penalty for viola- tions; providing a savings clause; go- yiding for publication in the official newspaper; and providing an effec- tive date. Any Person, firm, or corporation who vi- olates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each 7 • ^�. offense. Each day that 2 0 ��, CHRISTY L. HOLLAND a violation is THE STATE C Permitted to exist Y L. H Expires AND shall constitute - a M C ommi ssion County of Tarr separate offense. ��# July 31, 2012 • - • - -. Passed and Approved - -- _ -- on this 14th day of - - -- - - -- -- - -- - -- -- - _ _ Se tember, 2009. Before me, a I /s /t�scar Trevino said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Tel e9 Oscar Trevino - �. ATTEST: Star- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swum, did depose and say that the attach /s /Patricia Hutson tisement was Patricia Hutson - City publish ' the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -750 secretary APPROVED AS TO FORM AND LEGAL- `` ITV: /s /George Staples Signed George Stapes -Qty Attorney SUBSCRIBED AND ME, THIS Wednesday ct a 2009. Notary Public Thank You For Your Payment Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 306993621 Invoice Amount: $43.20 PO Number: Amount Enclosed: