Loading...
HomeMy WebLinkAboutOrdinance 3311 ORDINANCE NO. 3311 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS COMPREHENSIVE PLAN AND COMPREHENSIVE ZONING ORDINANCE; AMENDING SECTIONS 118-1 AND 118-631 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY DEFINING ELECTRONIC CIGARETTES AND NON TRADITIONAL SMOKING RELATED BUSINESSES AND RESTRICTING CIGAR AND CIGARETTE SHOPS AND NON TRADITIONAL SMOKING RELATED BUSINESSES TO LR, C-1 AND C-2 DISTRICTS WITH A SPECIAL USE PERMIT; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the Cityfs zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, Comprehensive Zoning Ordinance and Section 118-1 of the Code of Ordinances of the City of North Richland Hills be amended by adding definitions to read as follows: "Sec. 118-1 "E-cigarette" or "electronic cigarette" or "electronic smoking device" means any electronic or battery- operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. "E-Cigarette," "electronic cigarette," or "electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "E- Cigarette," "electronic cigarette," or "electronic smoking device" does not include any Ordinance No.3311 Page 1 of 4 product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. "Non-Traditional Smoking Related Business"- A retail establishment or other business whose principal business is the offering of a service relating to, or the selling of, renting or exhibiting of products or devices known as water pipes, hookahs, electronic cigarettes or electronic vaping devices, steam stones, hookah pens or any comparable devices. For the purpose of this definition, the term "principal" shall mean over 25% of the volume of sales or rentals, stock in trade or display areas generated from or devoted to the products or devices describing herein." ee Section 2: THAT the Comprehensive Plan, Comprehensive Zoning Ordinance and Section 118-631 G. RETAIL AND SERVICE USES be amended to read as set forth in Exhibit A hereto. Section 3: 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 day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 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: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Ordinance No.3311 Page 2 of 4 PASSED AND APPROVED on this 14th day of July, 2014. CITY OF o RTH RICA ND HI S / irj _ BY: l ,___ Oscar ' °•, Ma , / ATTEST: R CwFI.., 4, ki. n .....4PIN 6---C, (....„.. - 1 *A ;r Alicia Richardson, City Secreta �� _QI.o......A.;..... APP-(0V. D A` TO FORM AND LEGALITY: 4A1....„..... ...wAlz George A. Staples, Ci' Attorney APPROVED AS TO CONTENT: r ."- i)m' John Pitstick, Planning & Development Director Ordinance No.3311 Page 3 of 4 Exhibit "A" Section 118-631: Table of Permitted Uses: SECTION 118-631:TABLE OF PERMITTED USES [#]=Conditions. Reference Section 118-633 for RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS TOWN CENTER specific conditions to listed uses. P=Permitted by Right S=Special Use Permit Required [Blank]=Not Permitted o NP=Not Permitted -o u? o I— LL °' A) c °' B=Defers to Base Zoning District o N N A=Anci]la ry. c cL 2 X. o v v o = N a w 0 v CS REF/NIL AND SERVICE USES Cigarette&Cigar Shop ...........®©©.n..■...� Non-traditional Smoking Business -..........®©©..■......mi Ordinance No.3311 Page 4 of 4 INVOICE Star-Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 330804791 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/22/2014 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: Due Date: 7/31/2014 CITY OF NORTH RICHLAND HILLS/SE PO Number: PO BOX 820609 Order Number: 33080479 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn:STACEY HARRISON Publication Dates: 7/21/2014-7/22/2014 I Description Location Col Depth Linage MU Rate Amount CITY OF NORTH RICHLAND HILLS CITY ORDINANCE NorthLLS 135s(1 1 41 41 LINE $0.80 $65.60 Richland Hills Comprehensive Plan and Comprehensive Zoning Ordi- nance; amending Sections 118-1 and 118-631 of the North Richland Hills Code of Ordinances by defining Electronic Cigarettes and Non Net Amount: $65.60 Traditional Smoking related busi- nesses and restricting Cigar and Cigarette Shops and Non Traditional www.star-telegram.com Smoking related businesses to 1R C-1 and C-2 Districts with a Special Use Permit; providing a penalty; providing for severability;providing PUBLIC Wilkes for publication; and providing an effective date. Any person, firm or corporation violating any provision of the Legal Notices Comprehensive Zoning Ordinance as amended hereby shall be deemed George Staples-City At guilty of a misdemeanor and upon tome y final conviction thereof fined in an amount not to exceed Two Thou- sand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a { 1,u,, CHRISTY LYNNE HOLLAND separate violation and `PR punishable ,:s;• hereunder. - ci- Notary Public,State of Texas Passed and Approved on the 14th s 'h? My Commission Expires day of July, 2014q,;;;'; ;;��. THE. /s/Oscar Trevino of July 31, 2016 Oscar Trevino - Mayor ��, Court ATTEST: /s/Alicia Richardson Befor Alicia ROVED Richardson AS TO City ANDS County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- aid Count an Telec LEGALITY: )ram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attaC /s/George Staples was published in the -save named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 "' Signed \ ` -- \-SbQ 1 rail . ...,„ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Thursday,J 3 20`/. 11111 Notary Public _ ��i , ,,f. �1411 ,�_ , , Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT 13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101-2051 Invoice Number: 330804791 Invoice Amount: $65.60 PO Number: Amount Enclosed: $