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HomeMy WebLinkAboutOrdinance 3358 ORDINANCE NO. 3358 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118-718, OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO SOLAR PANEL SYSTEMS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has 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 City's 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 Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the following within Section 118-718(g) of Chapter 118 of the North Richland Hills Code of Ordinances: (g) Solar panel systems. Solar panel systems which meet all applicable building codes as well as the following standards shall be permitted in any zoning district only after issuance of a building permit. (1) Roof mounted solar panel systems: a. Location: Roof mounted solar panel systems may be located on any roof slope. Solar panels may not extend beyond roof edges. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. b. Maximum height, pitched roof: Roof mounted solar panel systems shall have a top edge that does not project above the roofline, shall conform to the slope of the roof, and shall not exceed an 8-inch separation between the roof and the system. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. Ordinance No.3358 Page 1 of 4 c. Maximum height, flat roof: Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with Section 118-877(a), mechanical equipment screening for nonresidential uses and nonresidential zoning. (2) Ground mounted solar panel systems. Ground mounted solar panel systems shall comply with all standards for permanent accessory buildings and structures, except: a. Roof pitch and masonry requirement shall not apply. b. Screening required: An opaque screening fence shall be provided to screen the system from adjacent properties. c. Maximum height: Shall not exceed the height of the required opaque fence and in no case shall exceed eight feet. d. Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground. (3) Special use permit provision. Properties not able to justifiably meet the criteria provided herein may apply for a special use permit. (4) Maintenance, removal of unsafe or inoperable solar panel systems. A solar panel system shall be maintained in compliance with standards contained in applicable building codes so as to ensure the structural integrity and operability of the system and its underlying roof if roof mounted. If upon inspection by the building official the system is determined not to comply with the code standards, is inoperable, or constitutes a danger to persons or property and the system is not made safe or removed within 60 days of notification from the city notifying the owner of the unsafe or inoperable system, the owner will be considered in violation of this ordinance. Any solar panel which is visibly damaged by hail or other debris shall be removed or replaced within 60 days of notification. (5) Pre-existing solar panel systems and nonconforming uses. A solar panel system operative prior to the effective date of the ordinance from which this section is derived and which may not meet all the regulations of this section shall be allowed to continue its present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this chapter. Routine maintenance shall be permitted on the existing system. New construction other than routine maintenance on an existing solar panel system shall comply with the requirements of this article. Ordinance No.3358 Page 2 of 4 I s t i E 1 i 1 Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following illustrations to Article IX of Chapter 118 of the North Richland Hills Code of Ordinances: ) FIGURE 1-14: i ROOF MOUNTED SOLAR PANEL HEIGHT STANDARD i _` ^ _— TOP ED/3E OF SOLAR PANEL BELOW/INSIDE ROOF RIDOELI NE 1 8. yS01,1R 0,1,,v , •SE•pAR4 T7ON 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 1 an amount not to exceed Two Thousand Dollars ($2,000.00). Each day 1 any such violation shall be allowed to continue shall constitute a separate 1 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 i as an alternative method of publication provided by law. 1 Section 6: This ordinance shall be in full force and effect immediately upon passage. I 9 I i Ordinance No.3358 Page 3 of 4 I 1 i 1 i i , I i AND IT IS SO ORDAINED. I PASSED AND APPROVED on this 18th day of May, 2015. i CITY OI RTH 'I' HLAND HILLS `��p1lowni►gp/U„„ By. �. � 0. RICH4%,, O car revino, Mayor ATTEST: ��? ��0 VA = r '�. 3 s yea Alicia Richardson, City Secret i......-4: �� APP' •VED AS TO FORM AND LEGALITY: \�,� Georg• A. r tapl z., City Attorney I APPROVED AS TO CONTENT: %, r "j-.■ Clayt n Comstock, Planning Manager I i J 1 1 i 1 Ordinance No.3358 Page 4 of 4 i 1 i INVOICE 1 Star-Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 333895671 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/25/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2015 Bill To: CITY OF NORTH RICHLAND HILLS/SE PO Number: PO BOX 820609 Order Number: 33389567 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 047 Description: NOTICE OF SCHED Attn:STACEY HARRISON Publication Date: 4/25/2015 ., I 9 < 1. ��iE::: :� If Q 1: »�7 , H.0 B6 PUBLIC NOTICE d ,' S OF THE CITY OF ?A 13580 1 34 34 LINE $0.80 $27.20 NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION Thursday, May 7,2015 7:00 p.m. 1 CITY COUNCIL Monday,May 18,2015 7:00 p.m. I Notice is hereby Net Amount: $27.20 y gjven to all inter- ested persons that the Planning and Zoning Commission of the City of North Richland Hills,Texas will conduct a public hearing on 1 I Thursday,May 7,2015 at 7:00 P.M. at City Hall, 7301 Northeast Loop 820, North Richland Hills, Texas AND,if recommended for approval, the City Council of thetity of North Richland Hills,Texas will conduct a public hearing on Monday, May 18,2015 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North"Richland Hills, Texas concerning the following - . _,,,,,�.a..-1.........._.k items: l City of North Richland Hills `"""`"''' CHRISTY LYNNE HOLLAND TR 2015-01 A Public Hearing to ��o;:%`�a ms's consider amendments to Sections i 1 _- Notary Public,State of Texas 118-1,118-718,and 118-719 of the I.;i :� My Commission Expires North Richland Hills Code of Ordi- : %;earl ° July 31,2016 nances (Zoning Ordinance) re- '1a,,,,;,N,` THE ST/ gar nng r ul JRrrs f solar energy j County o dthei accessory ; 1 Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, 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 published in the a.- e named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 lik ' Signed •_ . S� r \_ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,April 2 ,2. I .4110 Mi 1 Notary Public __ / 1 _ a f i k 1g I Thank You For Your Payment 1 I Remit To: Star-Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101-2051 Invoice Number: 333895671 Invoice Amount: $27.20 PO Number: 1 Amount Enclosed: $ i i INVOICE _ _ Star-Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 334150441 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/23/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/31/2015 Bill To: PO Number: i CITY OF NORTH RICHLAND HILLS/SE PO BOX 820609 Order Number: 33415044 1 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North RichIan Attn:STACEY HARRISON Publication Dates: 5/22/2015-5/23/2015 9 1 , t 1 1a '4dhiarnd'Mrs City of An Ordinance amendiu 8 he Corn- I3580 1 39 39 LINE $0.80 $62.40 prehensive Zoning Ordinance of the City of North Richland Hills by amending section 118-718, of Chapter 118 of the North Richland Hills Code of Ordinances as they Net Amount' $62.40 pertain to solar panel systems; establishing a penalty;providing for severability and providing for publication. Any-person, firm or corporation Viola ing any provision of the ( Legal Notices ' .J 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 con- 4.av?11ee, CHRISTY LYNNE HOLLAND stitute a separate violation and :° `�' Notary Public,State Of Texas punishable hereunder. PASSED AND APPROVED on this 4, •4 My Commission Expires 18th day of May,2015. '�'-•'*+ July 31,2016 /s/Oscar Trevino %o%. THE Oscar Trevino,Mayor Cou ATTEST: \s\Alicia Richardson Alicia Richardson-City Secretary Befo APPROVED AS TO FORM AND aid County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- . \�ssLEGALITY: Gs\oGeo Ae Staples-6it Attorney ram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attac p y vas published in the =••ve named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM APPROVED AS TO CONTENT: (817 .,Clayton Comstock a on Comstock Planning Man- Signed \_ , 11611. . k I, SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,May 2• 20 / ,ill ■ Notary Public /1 Ai s .1 .aini .Ir./ 1 . 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: 334150441 Invoice Amount: $62.40 PO Number: Amount Enclosed: $ I