HomeMy WebLinkAboutOrdinance 3247 ORDINANCE NO. 3247
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING VARIOUS SECTIONS THEREIN AS THEY PERTAIN TO
THE TITLES OF COMMERCIAL ZONING DISTRICTS; CHANGING "NS"
NEIGHBORHOOD SERVICES TO "LR" LOCAL RETAIL, "CS"
COMMUNITY SERVICES TO "C -1" COMMERCIAL, AND "HC" HEAVY
COMMERCIAL TO "C -2" COMMERCIAL; CORRECTING ERRORS IN
SECTION 118 -394 LOT AND AREA REQUIREMENTS IN
NONRESIDENTIAL ZONING DISTRICTS; AMENDING SAID ZONING
DISTRICT TITLES IN SECTION 106 -9, SIGN ORDINANCE OF THE CITY
OF NORTH RICHLAND HILLS; 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 -23 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby deleted in its entirety.
SECTION 2. That Section 118 -271 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -271. - Classifications.
The city is hereby divided into 19 base districts, one special purpose district, and
three overlay districts as described in divisions 12, 13 and 14 of this article. The base
districts, special purpose district, and overlay districts described herein shall be known
as:
(1) Base districts.
Ordinance No. 3247
Page 1 of 10
Abbreviated Zoning District Name
Designation
AG Agricultural
R -1 Single- family residential
R -2 Single- family residential
R -3 Single- family residential
R -4 -D Duplex residential
R -1 -S Special single - family residential
R -6 -T Townhome residential
R -8 Detached zero lot line residential
MH -1 Manufactured home
R -7 -MF Multifamily residential
O -1 Office
LR Local Retail
C -1 Commercial
C -2 Commercial
OC Outdoor commercial
1 -1 Light industrial
1 -2 Medium industrial
U Schools, churches and institutional
TC Town center
SECTION 3. That the title of Chapter 118, Article IV, Division 7 of the Code of
Ordinances of the City of North Richland Hills, Texas, is hereby amended
to read as follows:
"DIVISION 7. — 0-1 OFFICE DISTRICT, LR LOCAL RETAIL DISTRICT, C -1
COMMERCIAL DISTRICT, C -2 COMMERCIAL DISTRICT, AND OC OUTDOOR
COMMERCIAL DISTRICT"
SECTION 4. That Subsections 118- 391(b), (c) and (d) of the Code of Ordinances of the
City of North Richland Hills, Texas, are hereby amended to read as
follows:
"Sec. 118 -391. - Purpose.
Ordinance No. 3247
Page 2 of 10
(b) LR local retail district. The LR local retail district is intended to provide for
the development of convenience retail shopping, services, and
professional offices, principally serving the neighborhood needs, and
compatible in scale with adjacent residential development. Uses in this LR
district shall be limited to no more than 5,000 square feet in size.
(c) C -1 commercial district. The C -1 commercial district is intended to provide
for development of retail service, and office uses principally serving
community and regional needs. This C -1 district should be located on the
periphery of residential neighborhoods and be confined to intersections of
major arterial streets. It is also appropriate for major retail corridors as
shown on the comprehensive plan.
(d) C -2 commercial district. The C -2 commercial district is intended to provide
for the development of retail and general business uses primarily to serve
the community and region. Uses include a wide variety of business
activities and may involve limited outside storage, service or display. This
C -2 district should be located away from low and medium density
residential development and should be used as a buffer between retail
and industrial uses. The C -2 commercial district is also appropriate along
business corridors as indicated on the comprehensive plan.
SECTION 5. That Section 118 -392 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -392. — Permitted uses.
Uses permitted within the 0-1, LR, C -1, C -2 and OC districts are provided in
division 3 of article V of this chapter, table of permitted uses."
SECTION 6. That Section 118 -394 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -394. — Lot and area requirements.
The following lot and area requirements shall be required within the 0-1, LR, C -1,
C -2and OC districts:
Description 0-1 LR C -1 C -2 OC
1. Minimum district area 1 acre' 10,000 1 acre' 1 acre' 22,500
SF SF
2. Minimum frontage 50 ft. none 50 ft. 50 ft. 150 ft.
3. Maximum lot coverage 40% 40% 50% 50% 30%
4. Minimum lot area 8,500 SF none none none 16,000 SF
Ordinance No. 3247
Page 3 of 10
5. Minimum lot width 60 ft. none none none 80 ft.
6. Minimum lot depth none none none none 150 ft.
7. Minimum front building line 25 ft. 25 ft. 25ft. 25 ft. 25 ft.
8. j Minimum side building line none 2, 5 none 2 ' 5 none 2, 5 none 2, 5 none 2, 5
9. Iminimum rear building line none 3, S none 3. 5 none 3. 5 none 3, 5 none 3, 5
10. 1 Max. Height of structures 1.5 ft. /1 ft. 38 ft. 1.5 ft. /1 ft. 1.5 ft. /1 ft. 38 ft.
1 Except where a parcel is contiguous with like zoning, the minimum area
shall be as approved by the planning and zoning commission and city
council.
2 The side building line shall be 35 feet where the lot line abuts R -1, R -2, R-
3, R -4 -D, R -6 -T, R -7 -MF, R -8, R -1 -S and AG districts designated on the
comprehensive plan for residential uses.
3 The rear building line shall be 35 feet where the lot line abuts R -1, R -2, R-
3, R -4 -D, R -6 -T, R -7 -MF, R -8, R -1 -S and AG districts designated on the
comprehensive plan for residential uses.
4 Buildings shall be constructed by using a ratio of one foot measured from
property line that abuts a residential district to nearest exterior wall of
building for every 1'/2 feet of building height.
5 Minimum side or rear building setback adjacent to a public street shall be
15 feet."
SECTION 7. That Subsections 118- 395(a), (b), (f), (h), and (j) of the Code of
Ordinances of the City of North Richland Hills, Texas, is hereby amended
to read as follows:
"Sec. 118 -395. — General conditions.
The following general conditions shall be required of all development located
within the 0-1, LR, C -1, C -2 and OC districts:
(a) Fences. For fencing requirements in the 0-1, LR, C -1, C -2 and OC
districts see article VIII, screening and fencing regulations.
(b) Parking and loading. For parking and loading requirements in the 0-1, LR,
C -1, C -2 and OC districts see article VII, parking and loading regulations.
(f) Signs. For sign requirements in the 0-1, LR, C -1, C -2 and OC districts see
the separate sign regulations for sign regulations in Chapter 106 of this
Code.
(h) Access. Access to 0-1, LR, C -1, C -2 and OC districts shall be as directed
by the building official.
Ordinance No. 3247
Page 4 of 10
(j) Noise.
(1) In the 0-1, LR, and C -1 districts normal business activities
conducted shall not create a sound pressure level on the bounding
property line that exceeds 60 decibels A scale daily from 7:00 a.m.
to 10:00 p.m. and 55 decibels daily from 10:00 p.m. to 7:00 a.m.
(2) In the C -2 and OC districts normal business activities conducted
shall not create a sound pressure level on the bounding property
line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00
p.m. and 55 decibels daily from 10:00 p.m. to 7:00 a.m."
SECTION 8. That Section 118 -396 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -396. — Outdoor activities or other uses.
For outdoor activities or other uses in the 0-1, LR, C -1, C -2 and OC districts see
article V, supplementary district regulations."
SECTION 9. That Article IV, Division 11 (PD Planned Development District) of the Code
of Ordinances of the City of North Richland Hills, Texas, be amended by
adding a new Section 118 -496 which shall read as follows:
"Sec. 118 -496. — PD districts with base districts of NS neighborhood services
district, CS community services district, or HC heavy commercial district.
Commercial PD Planned Development Zoning Districts approved between
February 11, 2002 and June 10, 2013 may reference base districts which were in
existence during that time. The names of those districts were then changed and the
following shall apply in such circumstances:
(a) All PD Planned Development districts with references to NS Neighborhood
Services shall be governed by the regulations established by this chapter
for the LR Local Retail zoning district, except as otherwise provided in the
ordinance which created the PD Planned Development.
(b) All PD Planned Development districts with references to CS Community
Services shall be governed by the regulations established by this chapter
for the C -1 Commercial zoning district, except as otherwise provided in the
ordinance which created the PD Planned Development.
(c) All PD Planned Development districts with references to HC Heavy
Commercial shall be governed by the regulations established by this
Ordinance No. 3247
Page 5 of 10
chapter for the C -2 Commercial zoning district, except as otherwise
provided in the ordinance which created the PD Planned Development.
SECTION 10. That the "Table of permitted uses" codified under Section 118 -631 of
the Code of Ordinances of the City of North Richland Hills, Texas, shall
hereby be amended such that the column header "NS Neighborhood
Services" shall be changed to "LR Local Retail "; the column header "CS
Community Services" shall be changed to "C -1 Commercial "; and the
column header "HC Heavy Commercial" shall be changed to "C -2
Commercial ".
SECTION 11. That Subsection 118- 674(a) of the Code of Ordinances of the City of
North Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -674. — Masonry requirement for nonresidential buildings.
(a) Required masonry percentage. The minimum required percentage of
masonry on the exterior wall surface of all nonresidential structures, as
viewed from each elevation, shall be in accordance with the schedule
contained in the following Table 6 -2
Exemption. An exemption to the masonry requirement shall apply to
temporary classrooms situated on public school property.
Table 6 -2
Minimum Required Masonry Percentage
Nonresidential Districts
Zoning Districts
Structure Type
0-1 LR C -1 C -2 OC 1 -1 1 -2 U PD
Primary 100% 100% 100% 100% 100% 100% 100% 100% (1) 100%
Structures
Accessory 100% 100% 100% 100% 100% 100% 100% 100% (1) 100%
Bldgs.
(1) As established by the approved site plan.
SECTION 12. That Subsections 118- 715(b), (d) and (e) of the Code of
Ordinances of the City of North Richland Hills, Texas, are hereby
amended to read as follows:
"Sec. 118 -715. — Temporary uses and buildings.
Ordinance No. 3247
Page 6 of 10
(b) "For Profit" temporary events. Temporary outside display and outdoor
sales on properties zoned LR, C -1, C -2, OC, 1 -1, 1 -2 and U, by the
occupants of businesses of such properties, may be permitted upon the
application and granting of a temporary use permit by the building official
or his /her designee.
(d) Outdoor display. The outside display and outdoor retail sale of seasonal
items may be permitted on those properties zoned C -1, C -2, 1 -1, and 1 -2.
Such area shall be permitted to cover an amount of space equivalent to
ten percent of the principal structure, up to and not to exceed 2,500
square feet of space. Additionally, no items shall be stacked higher than
seven feet in height. The city enforcement officer may issue an approval
for such outside display and outdoor sale when it is found that there is
available adequate paved off - street parking area, as determined by the
enforcement officer; and that the location and layout of drives, parking
areas, lighting, and sale signs will not constitute a hazard to public travel
on the abutting public streets. Outside display and outdoor retail sale
exceeding 2,500 square feet requires a special use provision approved by
city council.
(e) Temporary holiday sales lots. The temporary outside display and outdoor
sale of Christmas trees, pumpkins or other seasonal holiday items may be
permitted on those properties zoned LR, C -1, C -2, 1 -1, 1 -2 and U, for a
period of 40 days prior to the specific holiday. The building official or
his /her designee may issue a temporary use permit for such sale of both
profit and non - profit businesses, when it is found that there is available
adequate off - street parking area, either improved or unimproved, as
determined by the building official of his /her designee; and that the
location and layout of drives, parking areas, lighting, and sale signs will
not constitute a hazard to public travel on the abutting public streets.
Trees, stands, equipment, trash, signs, lighting and shelters shall be
removed by the permit holder no later than ten days following the specific
holiday."
SECTION 13. That Subsection 118- 716(a) of the Code of Ordinances of the City
of North Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -716. — Outdoor storage regulations.
(a) Allowed outdoor storage. Outdoor storage areas are allowed for the
purpose of storing goods for a nonresidential enterprise, on properties
zoned C -1, C -2, OC, 1 -1, and 1 -2, by the occupants of businesses of such
Ordinance No. 3247
Page 7 of 10
properties in accordance with all of this section's storage regulations. All
outdoor storage areas shall meet each required district setback lines.
Adequate screening has been provided in accordance with article VIII,
screening and fencing regulations.
SECTION 14. That Section 118 -872 of the Code of Ordinances of the City of
North Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -872. - Table of district masonry screening requirements.
The following is the table of district masonry screening requirements. Where a
residential zoning district is not listed, no district screening requirements exist. Refer to
separate screening requirements in the Town Center Zoning District and Transit -
Oriented Development Zoning District.
Table 10 -F
Masonry Screening Requirements for Districts Shown in Column 1 When Abutting
Certain Districts
Column 1 Abutting District
Wall U) o
Required Q "L co 4 (6 0 ? LL
This District Q 0� iY 0 iY iY W 2 Z) CL
R -7 -MF R R R R R R R R R R
MH -1 R R R R R R R R R R R
0-1 R R R R R R R R R R R R
LR R R R R R R R R R R R R
C -1 R R R R R R R R R R R R
C -2 R R R R R R R R R R R R
OC R R R R R R R R R R R R
1 -1 R R R R R R R R R R R R
1 -2 R R R R R R R R R R R R
U R R R R R R R R R
PD As required by the approved site plan
"R" denotes masonry screening wall requirement.
1 Wall required when the planned development is for residential use.
2 Wall required when the AG -zoned district is planned for Low Density Residential or
Medium Density Residential use on the Comprehensive Land Use Plan.
"
Ordinance No. 3247
Page 8 of 10
SECTION 15. That the "Table of permitted signs" codified under Section 106 -9 of the
Code of Ordinances of the City of North Richland Hills, Texas, shall
hereby be amended such that the column header "LR & NS" shall be
changed to "LR "; the column header "C -1 & CS" shall be changed to "C-
1"; and the column header "C -2 & HC" shall be changed to "C -2 ".
SECTION 16. 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 17. 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 which deal with zoning shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense.
Violations of other ordinance provisions shall be punishable by a fine of
not more than Five Hundred Dollars ($500.00) for each such offense.
Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 18. 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 19. 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.
Ordinance No. 3247
Page 9 of 10
PASSED AND APPROVED on this 10th day of June, 2013.
CIT4OFNORTH LAND HILLS
\\\\ H LuUiglyp
c'R.. By.
o' C1r ' �_ ' Oscar Tre i o, Mayor
ATTEST:
Patricia Hutson, ry
APPR A TO FORM AND LEGALITY:
George A. Staples, ity Attorney
APPROVED TO CONTENT:
--)CO PA�0(
John Pitstick, Planning & Development Director
Ordinance No. 3247
Page 10 of 10
INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 326113001
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 6/25/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To:
Due Date: 6/30/2013
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 32611300
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates: 6/24/2013 - 6/25/2013
CITY OF NORTH RICHLAND HILLS
CITY OF N ORDINANCE NO. 3247 I3580
An ordinance amending the Com 1 50 50 LINE $17.27 $1,727.00
prehensive Zoning Ordinance of the
City of North Richland Hills by
Sales Discot amending various sections therein
as they pertain to the titles of ($1 ,697.00)
commercial zoning districts; i
Misc Fee changing "NS" Neighborhood Ser- i
vices to "LR" Local Retail, "CS"
Community Services to "C -1" i $10.00
Commercial, and "HC" Heavy !
Commercial to "C -2" Commercial; !
correcting errors in Section 118 -394
lot and area requirements in non-
residential zoning districts; Net Amount $4D.OD
amending said zoning district titles
in Section 106 -9, sign ordinance of
the City of North Richland Hills;
providing for severability; providing
a penalty for violations; providing
a savings clause; and providing for
publication in the official newspa-
per.
Penalty. Any person, firm or corpo-
ration who violates, disobeys, �. .r..... r,. �,..
omits, neglects or refuses to comply .`r'� "a CH121STY LYNNE HOLLAND
with or who resists the enforce- � � L Notary Public, State Of Texas
ment of any of the provisions of s: '�
this ordinance which deal with =
zoning shall be fined not more than My Commission Expires
,,, }O
THE STATE I Two Thousand Dollars ($2,000.00) o„ of �;a` July 31, 2016
for each offense. Violations of other
County of Tal ordinance provisions shall be pun-
ishable by a fine of not more than
Five Hundred Dollars ($500.00) for
Before me, a a permitted to th at my and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telel shall constitute a separate offense. Iram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attach day of Ju e, 2013ed on this 10th Nas published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -23 /s /Oscar Trevino
Oscar Trevino Mayor
ATTEST:
/s /Patricia Hutson Signed NN
Patricia Hutson - City Secretary
SUBSCRIBE APPROVED AS TO FORM AND THIS Thursda
LEGALITY: y, J e 2 13.
/s /George Staples
George Stapl - Cit A ttorney
— 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: 326113001
Invoice Amount: $40.00
PO Number:
Amount Enclosed: