HomeMy WebLinkAboutOrdinance 3452ORDINANCE NO. 3452
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING SECTIONS 118 -1 AND 118 -631 OF CHAPTER 118 OF
THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY
PERTAIN TO MASSAGE ESTABLISHMENT, ACUPUNCTURE
CLINIC, REFLEXOLOGY CLINIC, AND FOOT SPA;
ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to ensure that massage establishments,
acupuncture clinics, reflexology clinics, and foot spas are appropriately
located within the community and sensitive to the neighborhood context;
and,
WHEREAS, after a study, review, and discussion of the rise in the number of massage
establishments in the city determined the need for revisions to the standards
and regulations concerning such establishments; and
WHEREAS, the City's zoning ordinance does not reflect current industry terminology
pertaining to massage establishments, acupuncture clinics, reflexology
clinics, and foot spas; and,
WHEREAS, the Planning and 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 and 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, THAT:
Ordinance No. 3452
Page 1 of 4
Section 1: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following definitions to
Section 118 -1 Definitions of Chapter 118 of the North Richland Hills Code
of Ordinances:
Massage establishment means a place of business that advertises or offers
massage therapy or other massage services as defined herein and is
licensed by the state of Texas in accordance with Chapter 455 of the
Texas Occupations Code, and Title 25 of the Texas Administrative
Code, as amended, including establishments variously known as
massage parlors, and similar derivations. This term does not include
beauty parlors or barber shops duly licensed by the State, or licensed
hospitals, medical clinics, or licensed physical therapy facilities.
Acupuncture clinic means a place of business that advertises or offers
acupuncture and is licensed by the Texas State Board of Acupuncture
Examiners in accordance with Chapter 205 of the Texas Occupations
Code, as amended.
Reflexology clinic /foot spa means a place of business that advertises or
offers reflexology services associated with the application of pressure
with thumb and finger techniques to reflexive areas of the lower one -
third of the extremities, feet, hands, and outer ears based on reflex
maps.
Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by deleting the "Massage therapy /
acupuncture clinic" land use in Section 118- 631(a) Table of Permitted Uses
of Chapter 118 of the North Richland Hills Code of Ordinances.
Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the "Massage establishment"
and "Acupuncture clinic I Reflexology clinic I Foot spa" land uses in Section
118- 631(a) Table of Permitted Uses of Chapter 118 of the North Richland
Hills Code of Ordinances to read as follows:
Ordinance No. 3452
Page 2 of 4
[ #] = Conditions. Reference Section 118 -633 for
specific conditions to listed uses.
P = Permitted by Right
S = Special Use Permit Required
[Blank] = Not Permitted
NP = Not Permitted
B = Defers to Base Zoning District
A = Ancillary
Massage establishment
Acupuncture clinic I Reflexology clinic I Foot spa
SECTION 118 -631: TABLE OF PERMITTED USES
NON - RESIDENTIAL DISTRICTS TOWN
CENTER
O T
C c v
V O v U O .: .: Q W l7 V U W
S I P I P I P I I I I I I I I S I P I B
I I I I I I S I I I I I I I I I S I B
Section 4: Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined an
amount not to exceed Two Thousand Dollars ($2,000). Each day any such
violation shall be allowed to continue shall constitute a separate violation
and be punishable hereunder.
Section 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Section 6: 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 7: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
Ordinance No. 3452
Page 3 of 4
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 8: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 9: This ordinance shall be in full force and effect upon publication as required
by Section 8 herein.
AND IT IS SO ORDAINED.
Passed on this 27th day of March, 2017.
CITY NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:; n'
' Z r cf)
Alicia Richardson, City
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. Farmer, City Attorney
APPROVED AS TO CONTENT:
Ordinance No. 3452
Page 4 of 4
INVOICE
Star-Telegram Customer ID: CIT 13
808 Throckmorton St. Invoice Number: 339439761
FORT WORTH,TX 76102 Invoice Date: 4/2/2017
(817)390-7761 Terms: Net due in 21 days
Federal Tax ID 26-2674582
Due Date: 4/30/2017
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS/SE Order Number: 33943976
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: City of North Richlan
Publication Dates: 3/30/2017 -4/2/2017
Attn:STACEY HARRISON
I I Lira R f 1
City of North Richland Hills I3580 1 47 47 LINE $0.57 $80.20
Net Amount: $80.20
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Leticia.4rriaga,Bids&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 advertisement was published in the above named paper on the listed dates:
BIDS eh'LEGALS DEPT Star-Telegram.0 SUBSCRIBED AND SWORNTO BEFORE MB,
'L'[IS DAY O F April 4) 2017 ( I .
l 4. 1 i)
Signed ` I 1
(I rrr r, CHR`: L HOLLAN 0
q�Public ,
*'34,i=-;o, STIW►1206 1 / if.'/
a COMM. ;_. _ ■ 'I NOTA 9r PUBLIC ■ 9# ,/f�
I
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: 339439761
Invoice Amount: $80.20
PO Number:
Amount Enclosed: $
CaTY OF North Richiand HMS
Ordinance No,3452
AN ORDINANCE AMENDING THE
C ORDI-
NANCE OF THE CITY OF NORTH
RICHLAND HILLS BY AMENDING
SECTIONS 118-1 AND,118-631 OF
CHAPTER 118 OF THE NORTH
RICHLAND HILLS CODE OF ORDI-
NANCES AS THEY PERTAIN TO
MASSAGE ESTABLISHMENT,
ACUPUNCTURE CLINIC, REFLEX-
OLOGY CLINIC, AND FOOT SPA;
ESTABLISHING A PENALTY;PRO-
VIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF AU.
ORDINANCES AND REPEAL OF
CONFLICTING PROVISIONS; PRO-
VIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION;.
AND PROVIDING AN EFFECTIVE
DATE.
Arson, firm, or corporation
any provision of the
Ordinance and the zonifnngg
map of the City of North Richland
Hilts as amended hereby shall be
deemed guilty of a misdemeanor
upon final conviction thereof
in an amount not to exceed
Thousand Dollars{{$2,000:00).
Each day any such vidlation shall
be allowed to continue shall con-'
stitute a separate violation and
punishable hereunder.
Passed,and Approved on this 27th
day of March 2017.
/s/Oscar Trevino
Oscar Trevino-Mayor
ATTEST:
/s/Alicia Richardson
Alicia Richardson -City Secrets
APPROVED AS TO FORM AND
LEGALITY:
/s/Maieshia B.Farmer
Maleshia B.Farmer,City Attorney
INVOICE
Star - Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn: STACEY
City of North Richland Hills I3580 1
County of Tarrant
Customer ID: CIT13
Invoice Number: 339439761
Invoice Date: 4/2/2017
Terms:
Net due in 21 days
Due Date:
4/30/2017
PO Number:
Order Number:
33943976
Sales Rep:
073
Description:
City of North Richlan
Publication Dates: 3/30/2017 -4/2/2017
47 47 LINE $0.57
Net Amount:
$80.20
$80.20
Before me, a Notary Public in and for said County and State, this day personally appeared Leticia Arriaga, Bids &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 advertisement was publ�.shed in the above named paper on the ('fisted dates:
BIDS e5' LEGIILS DEPT. Star - Telegram. (,SUBSCRIBED AND SWORNTO BEFORE ME,
THIS DAYOF Aunif % 2017
sgned
LAND
+q��::;�� CHR
3T�OF 1
COf1�l.
�ar�PUBLIc
Thank You For Your Payment
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF NORTH RICHLAN
339439761
$80.20
CITY OF North Richland Hift .
OrdkWm No, 3452
SIG -
)M NSIU ZONIIN GR
ANCE OF THE CITY OF NORTH
CHLAND HILLS BY AMENDING
'CTIONS 118.1 AND 118-631 OF
1APTER 118 OF THE NORTH
VIDING A' SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION,
AND PROVIDING AN EFFECTIVE
DATE:
Iny person, firm, or corporation
Violating any provision of the
Zoning Ordinance and the zpnMg
map of the City of North Richland
WiNs as mended hereby shale be 1
deemed gu&ty of a misdemeanor
and upon final conviction thereof
Each day any such vidlation shell
be allowed to continue shall con-
stitute a separate violation and
punishable hereunder.
Passed and Approved on this 27th
day of March 2017.
is /Oscar Trevino
Oscar Trevino Mayor
ATTEST:
Is /Alicia Richardson
Alicia Richardson - City Secretarryy
APPROVED AS TO FORM 'AND
LEGALITY:
(s /Maieshia S. Farmer
Maleshia B. Farmer, City Attorney