HomeMy WebLinkAboutOrdinance 3381 ORDINANCE NO. 3381
CASE NUMBER TR-2015-02
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY AMENDING SECTIONS 118-1,
118-631, 118-633, AND 118-718 OF CHAPTER 118 OF
THE NORTH RICHLAND HILLS CODE OF
ORDINANCES AS THEY PERTAIN TO CONCRETE
BATCH PLANTS, FUEL SALES, AND SECONDARY
LIVING UNITS; 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 Section 118-1 of
Chapter 118 of the North Richland Hills Code of Ordinances to add and/or
revise the following definitions:
{t
Convenience store. A retail store, not a grocery store, where a limited amount of
prepackaged food items are primarily sold as a quick service facility.
Fuel sales. Any building, land area, or other premises or portion thereof, used or
intended to be used for the retail dispensing or sales of vehicle fuel. Vehicle fuel
includes gasoline, diesel, natural gas, LPG, or any other fuel intended for
automobiles, trucks, vans, and other motor vehicles.
Ordinance No. 3381
Page 1 of 5
Service station. An establishment for the retail sales of petroleum products and
automotive accessories which may include minor automotive service and repair only
as an incidental activity to such retail sales, but not including the overhaul of major
automobile components, body work, or repair of heavy trucks.
11
Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by adding the "Fuel sales"
land use to Section 118-631(a) Table of Permitted Uses of Chapter 118 of
the North Richland Hills Code of Ordinances, as shown on Exhibit A
attached hereto and incorporated herein.
Section 3: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by amending the "Service
station" and "Convenience store" land uses in Section 118-631(a) Table of
Permitted Uses of Chapter 118 of the North Richland Hills Code of
Ordinances, as shown on Exhibit A attached hereto and incorporated
herein.
Section 4: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by deleting the "Asphalt or
concrete batching plant - permanent" land use from Section 118-631(a)
Table of Permitted Uses of Chapter 118 of the North Richland Hills Code
of Ordinances.
Section 5: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by adding the following to
Section 118-633 of Chapter 118 of the North Richland Hills Code of
Ordinances:
"(25) Asphalt or concrete batch plant— temporary. The use must comply with the
following performance standards in all zoning districts.
a. Permit required. The city engineer must authorize the location of the
batch plant. Copies of all State and Federal permits must be
submitted to the City.
b. Duration of permit. A permit for a temporary batch plant is valid for 90
days. One 30-day extension maybe granted. Not more than one
permit may be issued for the same site or project within any twelve-
month period.
Ordinance No. 3381
Page 2 of 5
c. Location. The temporary batch plant must only furnish concrete,
asphalt, or both to the specific project for which the temporary permit
is issued. The placement of a temporary batch plant for a private
project is restricted to the site of the project. No portion of the batch
plant or its operation may be located on a public street.
d. Setbacks. All equipment must be setback at least 600 feet from all
habitable residential structures, public or private schools, and day
care centers. The setback is measured in a direct line from the
structure or building to the closest batch plant equipment.
e. Hours of operation. The batch plant may operate during the hours as
permitted by Section 98-61 of the North Richland Hills Code of
Ordinances.
f. Operation. The temporary batch plant must be operated in a manner
that eliminates unnecessary dust, noise, and odor (as illustrated by,
but not limited to, covering trucks, hoppers, chutes, loading and
unloading devices, and mixing operations) and maintains access
roads and the temporary batch plant site with maximum control to
keep it free of dust by watering those areas with an adequate water
sprinkling system or, if necessary, by water truck.
g. Other applicable laws. The temporary batch plant site must comply
with all other applicable City, State, and Federal laws.
h. Revocation. The city engineer may terminate or revoke a permit if the
temporary batch plant or site fails to comply with any of the standards
of this section."
Section 6: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by adding the following to
Section 118-718(f) of Chapter 118 of the North Richland Hills Code of
Ordinances:
"Sec. 118-718. Accessory buildings and structures.
(5) Special use permit provision. Modifications to or deviations from the standards
related to the connection to the primary residence, architecture, or maximum total
floor area may be approved through approval of a special use permit."
Section 7: 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
Ordinance No. 3381
Page 3 of 5
any such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 8: 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 9: 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 10: This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 9th day of November, 2015.
CITY o F OR H ICHLAND HILLS
By:
oiR'�Ciii Osc revino, Mayor
N.. ......
ATTEST: Q '' •.!!•
Alicia Richardson, City Seca:, ' .y
APPROV D A TO FORM AND LEGALITY:
4, •
ti
George A. Staples, City Attorney
Ordinance No. 3381
Page 4 of 5
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INVOICE
Star-Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 336024351
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/13/2015
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 11/30/2015
Bill To:
PO Number:
CITY OF NORTH RICHLAND HILLS/SE
PO BOX 820609 Order Number: 33602435
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: City of North Richlan
Attn:STACEY HARRISON Publication Dates:11/12/2015-11/13/201
Description Location Col Depth Linage MU Rate Amount
City of North Richland Hills I3580 1 39 39 LINE $0.80 $62.40
CITY OF North Richland Hills
Ordinance No. 3381
An Ordinance amending the Com-
prehensive Zoning Ordinance of the
City of North Richland Hills by
amending sections 118-1,118-631, Net Amount: $62.40
118-633, and 118-718 of Chapter
118 of the North Richland Hills Code
of Ordinances as they pertain to
concrete batch plants, fuel sales,
and secondary living units; estab-
lishing a penalty; providing for
severability and providing for
publication.
Any firm or corporation violating any
person, provision of the Compre-
hensive Zoning Ordinance as
amended hereby shall be deemed
guilty of a misdemeanor and upon $1.5 DEBORAH DEBORAH JEAN BAYLOR
final conviction thereof fined in an :2., .1: Notary Public,State of Texas
amount not to exceed each thousand r' My Commission Expires
THE dollars ($z,000.00>, each day any � 2019
such violation snail be allowed to 1'01. October 29,
S� continue shall constitute a separate !:,;;;�°
violation and punishable hereunder.
County Passed and Approved on this 9th
clay of November, 2015.
/s/Oscar Trevino
Oscar Trevino - Mayor -
f ATAlicia id County and State, this day personally appeared Christy Ho'ffand,Bids eh'Legal Coordinator
Be ore; /s/Alicia Richardson
Alicia Richardson - City Secretary
for the. ALEGALITY: AS TO FORM AND tar-Telegram,Inc.at Fort Worth,in Tan-ant County,Texas:and who after being duly sworn,
/s/George
Staples d t pless -City Attorney ping of advertisement was published in the above named paper on the fisted dates:
di den APPROVED AS TO CONTENT:
/s/Clayton Comstock
BIDS e Clayton Comstock,Planning Manager n.(817)390-7037 SUBSCRIBED AND '[TO BEFORE ME,
TKIS DAY OF NOVEMBER / 2015 / •
Signed
NOTARyP`LIBLIC
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: 336024351
Invoice Amount: $62.40
PO Number:
Amount Enclosed: $