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Home My WebLink AboutOrdinance 3173 ORDINANCE NO. 3173 AN ORDINANCE AMENDING SECTION 114 -71(b) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; AMENDING THE CONDITIONS WHICH WILL REQUIRE COMPLIANCE WITH THE LANDSCAPING REGULATIONS; REQUIRING REPLACEMENT OF LANDSCAPING CONVEYED, CONVEYED OR TAKEN BY EMINENT DOMAIN AND COMPLIANCE WITH PARKING ENTRANCE ISLAND REQUIREMENTS IF DRIVEWAYS ARE REDUCED OR RELOCATED; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's current landscape ordinance provisions are not as explicit on certain details such as when landscaping must be replaced or installed and the City Council desires to provide clarity as well as to reduce the value of remodeling or alteration which will trigger the requirement for full compliance with landscaping requirements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Section 114 -71(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 114 -71 Landscaping regulations (b) Applicability. The provisions of the landscaping regulations contained in this section shall apply in the following situations: (1) When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 50 percent of the current value of the existing structures as appraised by the Tarrant Appraisal District (TAD), excluding the value of the land; (2) When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent; (3) Upon construction of a new building; or (4) As a requirement of the approval of a special use permit or planned unit development. Ordinance No. 3173 Page 1 of 3 (5) Should any of a property's existing landscaping be converted to another use, conveyed or taken by eminent domain, equivalent landscaping shall be required as a condition of the continued use and occupancy of the lot and existing structures thereon. "Equivalent" shall mean the same area and quantity of landscape materials as is being replaced. If the existing landscaping is a buffer to a public street, such buffer shall be replaced. Such requirement shall not be deemed to require more landscaping than would be required for new construction of the building on such lot. (6) If any portion of a driveway onto a public street is relocated or reduced by conveyance or eminent domain, parking entrance island requirements described in Section 114- 71(i)(3) shall be complied with. (7) Any expansion, relocation or reconfiguration of paved parking or internal drive areas, excluding restriping, shall comply with Section 114 -71(i) (Landscaping of parking lots)." Section 2: Violation of any provision of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. Section 3: All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 4: 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 5: This Ordinance shall become effective immediately upon its passage. AND IT IS SO ORDAINED. Ordinance No. 3173 Page 2 of 3 PASSED AND APPROVED this 21st day of November, 2011 C Y O ORT I HLAND ILLS _ . q\ v tif''�� Oscar Trevino, May AT ES r a r Pat 'son Wy Secretary APP T O M AND LEGALITY: George A. Staple , City Attorney Ordinance No. 3173 Page 3 of 3 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 318977991 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 11/29/2011 Federal Tax ID 26- 2674582 Terms Net due in 21 days Due Date: 11/30/2011 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE 31897799 Order Numbe PO BOX 820609 - NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates:l 1/28/2011 - 11/29/201 CITY OF NORT RICHLAN HILLS I3580 1 33 33 LINE $17.30 $1,141.52 CITY OF NORTH RICHLAND HILLS ORDINANCE NO. 3173 Sales D An Ordinance amending Section 114 - Le al NO--- -" ($1 ,101.36) 71(b) of the North Richland Hills 9 _ Code of Ordinances; amending the """ - - -- conditions which will require M Fee compliance with the landscaping $1 0.00 regulations; requiring replacement of landscaping conveyed, conveyed or taken by eminent domain and compliance with parking entrance island requirements if driveways are reduced or relocated; estab Net Amount: $50.16 lishing a penalty; providing for severability and providing an ef- fective date. `` ��y ►,. Ho ,1 1 Violation of any provision of this ordinance shall be punished by a fine of not more than Five Hundred �§ Gj .•• ••••••. ��i� Dollars ($500.00). Each day any 4 �Y Pu '•• violation shall continue shall con- S �. • -A stitute a separate offense. Passed and Approved on this 21st day of November, 2011. *' /s /Oscar Trevino _ y Oscar Trevino s ayor q�'(� ATTEST: /s /Patricia Hutson Patricia Hutson - i •• •.�fPifl�g• • THE STATE OF TEXAS A EGA ITYtaAS TO FORM AND y / / /� • 31 •`��` / �... County of Tarrant /s /George Staples G eorge Staples - City Atto Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 l Signed I` &_� SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Dec 2011. 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: 318977991 Invoice Amount: $50.16 PO Number: Amount Enclosed: $