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Home My WebLink AboutOrdinance 3188 ORDINANCE NO. 3188 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -1, 118 -631 AND 118 -632 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ADDING DEFINITIONS AND ADDING USES TO THE TABLE OF PERMITTED USES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. 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 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending or adding the following definitions: Sec. 118 -1. Definitions Accessory use: see "incidental use." Alternative financial establishment means a check cashing business, payday advance or loan business, money transfer business, precious metal dealer or car title loan business. Incidental use means any use or combination of uses different from and subordinate to the primary use and which complements and /or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. "Incidental" shall mean any activity occupying an area of less than fifteen percent (15 %) of the primary use or which generates gross receipts of not more than fifteen percent (15 %) of that of the primary use. An incidental use is also an accessory use. Ordinance No. 3188 Page 1 of 3 Secondhand dealer means any person or entity engaged in buying, selling, trading or handling any kinds of used or secondhand goods, wares or merchandise. Precious metal dealer means any person or entity engaged in purchasing articles made of or containing gold, silver, platinum, or other precious metals or jewels of any description for the purpose of reselling the items in any form. SECTION 2. THAT Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by deleting the following definitions: Secondhand merchandise, dealers or storage (screened) means the keeping, handling, storage or use of furniture, appliances and /or other merchandise or goods for sale or display; or an item which has previously been sold at the wholesale or retail level or previously used by an individual or business. Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as result of age, design or sentiment. SECTION 3. THAT Sec. 118 -631 AND 118 -632 of the North Richland Hills Code of Ordinances be amended by amending the Table of Permitted Uses to add "Secondhand Dealer" as a use permitted only with a special use permit in the NS Neighborhood Service, 0-1 Office, CS Community Service, HC Heavy Commercial, and the Center and Core Subzones of the TC Town Center Zone. SECTION 4. THAT Sec. 118 -631 AND 118 -632 of the North Richland Hills Code of Ordinances be amended by amending the Table of Permitted Uses to delete "Antique shop" as a listed use. 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. Ordinance No. 3188 Page 2 of 3 INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 320752591 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/4/2012 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 4/30/2012 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 32075259 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 4/3/2012 - 4/4/2012 o+�t ''O ,>f Amoiurit CITY C crrw ORDINANCE NO, 31M LS 13580 1 35 35 LINE $6.13 $429.20 An ordinance the Com- prehensive Zoning Ord nance of the City of North RkhlwW Hills b cretary Sales D: amendiAg'Sectivns 118.1, 118 -b31 AppR AS . FARM AND ($386.00) and 146.632 of the North Richl nd Hills Code of Ordinances; adding /s!tapies Misc Fe definitions and adding uses to the Geo RtW - City Attorney $10.00 table of permitted uses; providing for severabitity; providing a penalty for violations; providing a savings clause; and ppr�oviding for publication In the dfficiai newspaper. A% Any person firm or corporation who' Net Amount' $53.20 olates, bisobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of tti,\Iilffll / / /// the provisions of this ordinance �� /// shay be fined not more than Two `�� `( �•' HQ / Thousand Dollars ($2,000.00) for each offense. Each day that a J�Q�.• P(/ violation is permitted to exist shall BK&••. Q constitute a separate offense. Sr V Passed and Approved on this 26th dda of March, 2012. /s/Osca Tr evino __ �� • •.FXPIFiE. � THE STATE OF TEXAS County of Tarrant 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 sworn; did depose and say that the attached clipping of an advertisement was publishad in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, April 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: 320752591 Invoice Amount: $53.20 PO Number: Amount Enclosed: $ SECTION 6. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of March, 2012. CITY . ORT ' CHLAND HILLS ,*0"`a"miu O Aszy n y By: Of z r Oscar Tevino, Mayor 'BEST: 'cn ps Pat t, City Secretary APP •' � is FORM AND LEGALITY: d l i • i George A. Staples, ity Attorney APPROVED AAS 1 C O TENT: 1 w John Pitstick, Planning & Development Director Ordinance No. 3188 Page 3 of 3