HomeMy WebLinkAboutOrdinance 3382 ORDINANCE NO. 3382
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY AMENDING SECTIONS 118-1,
118-633, AND 118-833 OF CHAPTER 118 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES
AS THEY PERTAIN TO RESTAURANTS AND DRIVE-
THROUGH SERVICE; 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 the
following definitions:
Restaurant, fast casual. An establishment that serves food or beverages for immediate
consumption either on the premises, or to be taken out for consumption elsewhere.
A fast casual restaurant is typically characterized as an establishment in which the
menu contains more upscale, diverse, and made to order items; the food is custom
prepared and either brought to the table or the customer is called back to the
counter; a majority of the sales are made at a counter, with little or no drive through
provided; the decor and atmosphere is upscale; and the check averages are higher
compared to quick service restaurants.
Restaurant, full service. An establishment that serves food or beverages for immediate
consumption primarily on the premises, with only a minor portion, if any, of the food
being taken out of the establishment. A full service restaurant is characterized as an
Ordinance No. 3382
Page 1 of 5
establishment in which food is cooked or prepared on the premises on a customer-
demand basis, requires payment after consumption, and provides seating and tables
for on-premises customer dining with table service (wait staff).
Restaurant, quick service. An establishment where food or beverages are prepared in
advance of customer orders or are able to be quickly prepared for consumption on
or off the premises, are ordered and served over counters or at drive-through
windows, and paid for before being consumed. Employees of the restaurant
customarily do not provide service to customers at their tables. Examples of this type
of facility may include, but are not limited to, establishments selling primarily
hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza
slices, fried chicken or fish and chips.
Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by adding the "Restaurant,
fast casual," "Restaurant, full service," and "Restaurant, quick service"
land uses 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 deleting the "Restaurant or
cafeteria" land use from Section 118-631(a) Table of Permitted Uses of
Chapter 118 of the North Richland Hills Code of Ordinances.
Section 4: 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:
"(26) Restaurants with drive-through service. For restaurants that provide
drive-through service, the following standards shall apply upon new
construction; or to any building remodeling, alteration, addition, or
expansion where the value of the improvements exceed 50 percent of the
current appraised value of the existing structure, excluding the value of the
land, or increases the square footage of the building by 30 percent or
more.
a. Location requirements. A restaurant with drive-through service must
have its primary driveway access on an arterial roadway, as identified
on the Thoroughfare Plan.
b. Window location. Drive through windows must not face a public street.
c. Menu boards and speakers. Menu boards and speakers must be
located at least 50 feet from the property line of a residential use.
Ordinance No. 3382
Page 2 of 5
Speakers must be oriented to face away from the property line of a
residential use.
d. Drive through lanes. All drive through lanes must comply with the
following standards:
1. The drive through lane must have a minimum width of 10 feet and a
maximum width of 15 feet.
2. The drive-through lane must be separated from traffic aisles, other
stacking lanes, and parking areas with striping, curbing,
landscaping, or the use of alternative paving materials.
3. The entrance to the drive through lane must be clearly marked and
located at least 50 feet from all public streets.
4. A drive through lane is not permitted to be located between the
building and a public street.
5. A drive-through lane must not interfere with the use of parking
spaces, interior pedestrian circulation, or access to any public
street.
e. Special use permit provision. In order to respond to unique aspects of
the site or building, such as infill development, modifications to or
deviations from these standards may be approved through approval of
a special use permit.
Section 5: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by amending the following to
within Section 118-833 of Chapter 118 of the North Richland Hills Code of
Ordinances to read as follows:
Use No. of Required for Each Additional Requirements
:............................................_........................................................................................................................ Spaces........._............................................................................................................_.
5. FOOD AND BEVERAGE
.....................
c. Cafe, restaurant, cafeteria, 1 100 square feet of j Minimum of 15 spaces.
and all eating or drinking floor Restaurants with drive-
establishments through service must
provide at least 6 stacking
spaces, as measured from
the pickup window.
Section 6: Any person, firm or corporation violating any provision of the
comprehensive zoning ordinance as amended by this ordinance shall be
Ordinance No. 3382
Page 3 of 5
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 7: 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 8: 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 9: 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 719JORTH CHLA 0 HILLS
By: or l
`+`�p1UUUUUHniii,i„ Oscar Trevino,/ayor
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ATTEST: Q'� '-
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APPR o VE 0 ' • FORM AND LEGALITY:
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George A. ' tap`-s, Ci ' Attorney
Ordinance No. 3382
Page 4 of 5
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INVOICE
Star-Telegram Customer ID: CIT 13
808 Throckmorton St. Invoice Number: 336025881
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:
CITY OF NORTH RICHLAND HILLS/SE PO Number:
PO BOX 820609 Order Number: 33602588
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: City of North RichIan
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 38 38 LINE $0.80 $60.80
CITY OF North Richland Hills
Ordinance No.3382
An Ordinance amending the Zoning andnHills the y
amending sections 118-1,118-633, Net Amount: $60.80
and 118-833 of chapter 118 of the
North Richland Hills Code of Ordi-
nances as they pertain to restau-
rants and drive-through service;
establishing a penalty;providing for
severability and providing for
publication.
Any firm or corporation violating any
person, provision of the Compre-
pensive Zoning Ordinance as
amended hereby shall be deemed
guilty of a misdemeanor and upon
final conviction thereof fined in an o DEBORAH JEAN BAYIOR
amount not to exceed two thousand
dollars ($2,000.00). Each day any :2:8
`b% Notary Public,State Of TexaS
such violation shall be allowed to a" My Commission Expires
'19--( continue shall constitute a separate s•.., 2��9
violation and punishable hereunder. r October 29,oN`
Om Passed and Approved on this 9th tomarwomumonwrestrasso
day of November, 2015.
/s/Oscar Trevino
Oscar Trevino - Mayor
ATTEST: •
Be/ /5/Alicia Richardson said Coun and State,this da personally appeared Chris Holland,Bids eYLe a(Coordinator
-' Ahcia Richardson -City Secretary 7 yp 9 PP g
APPROVED AS TO FORM AND
fOr i LEGALITY: Star-'Telegram,Inc.at Fort Worth,in Tarrant County,Texas:and who after being duly sworn,
/s/George Staples
did I APPROVEDpAS T-OiCONTENT:y ripping of advertisement was published in the above named paper on the fisted dates:
/s/Clayton Comstock
Clayton Comstock,Planning Manager
BI y,u , La.1.olVii tt,czi ram.(81 7)390-7037 SUBSCRIBED AND SW: '7TO BEFORE ME,
THIS DAY OF NOVEMBER 0 2015 / •
/ �'Sned `L ta /. � i4
,iii
I
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: 336025881
Invoice Amount: $60.80
PO Number:
Amount Enclosed: