HomeMy WebLinkAboutOrdinance 3491 ORDINANCE NO. 3491
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY AMENDING SECTIONS 118-1,
118-693, AND 118-728 OF CHAPTER 118 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES
AS THEY PERTAIN TO LUMINOUS TUBE LIGHTING;
PROVIDING A SEVERABILITY CLAUSE;
ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after conducting a public hearing, the Planning and Zoning Commission
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:
Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by modifying Section 118-1
(Definitions) of Chapter 118 of the North Richland Hills Code of
Ordinances to add the following definition:
Luminous tube lighting. A rigid or flexible tube that is illuminated by fiber
optics or light emitting diodes. This definition includes the terms strip
lighting, outline lighting, string lighting, and similar terms. This definition
does not include luminous tubes containing neon or other inert electrically
charged gases.
17
Ordinance No. 3491
Page 1 of 6
Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by modifying Section
118-693(d)(2) (Exterior materials and colors) of Chapter 118 of the North
Richland Hills Code of Ordinances to read as follows:
(d) Color.
(2) Bright, pure tone primary or secondary colors, and luminous tube
lighting are permissible only in limited application as accent
colors on door and window frames, moldings, cornices,
canopies, awnings, etc. in proportions consistent with trim or
accentuation only. Such building trim and accent areas shall not
exceed 15 percent of any single exterior wall area excluding all
windows, doors, and glass construction materials. Luminous tube
lighting shall not be placed, attached, or affixed to the interior of
a window or door or within three feet behind a window or door
and must comply with the provisions of Sec. 118-728 (Outdoor
Lighting).
Section 3: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by modifying Section
118-728(f) (Outdoor lighting) of Chapter 118 of the North Richland Hills
Code of Ordinances to add a new subsection and re-number this section
in part to read as follows:
(f) General requirements for nonresidential and multifamily property.
(7) Luminous tube lighting. The following standards shall apply to
luminous tube lighting.
a. Location. Luminous tube lighting may be attached to the exterior of
a building as an architectural detail to reinforce specific elements of
the structure, subject to the following conditions.
1. The lighting may be attached to the roofline, parapet, cornice,
eave, canopy, or other building element or architectural detail.
The lighting must be mounted at least eight feet above grade
Ordinance No. 3491
Page 2 of 6
and no higher than top edge of the roofline, eave, or building
element.
2. The lighting shall not be attached to or used to outline
windows, doors, building columns, poles, or ground signs. The
lighting shall not be attached to vertical corners of the building
or along roof hips and/or ridge lines.
b. Residential adjacency. When luminous tube lighting is located
within 100 feet of a property zoned or used for a residential use, the
maximum permitted installation height shall be 20 feet, regardless
of the height of the roofline or eaves.
c. Shielding. Luminous tube lighting must be shielded or shrouded
with an opaque, semi-opaque or translucent housing or building
element. Unshielded or exposed lighting or the combination of
lighting with any reflective materials is prohibited.
d. Color and motion. Light output must be of constant intensity and
uniform color. If the luminous tube lighting fixture uses LED or
similar technologies that allow for the color of the light to change,
the color may change not more frequently than once every sixty
seconds. Pulsing, flickering, moving, or flashing lights, or displays
of multiple colors is prohibited.
e. Special use permit provision. Modifications to or deviations from the
standards related to luminous tube lighting may be made only after
approval of a special use permit.
(8) Exterior lighting plan required. The following exterior lighting
information must be included with all site plan submissions. Such
information shall be prepared by a certified engineer, architect,
landscape architect or lighting engineer:
a. Plans indicating the location of the exterior lighting on the
premises, and the type of illuminating devices, fixtures, lamps,
supports, reflectors, and other devices.
b. Description of the illuminating devices, fixtures, lamps,
supports, reflectors, and other devices. The description may
include, but is not limited to, catalog cuts by manufacturers
and drawings (including sections where required) and height
of the luminaires.
Ordinance No. 3491
Page 3 of 6
c. A statement from the property owner, developer, or agent and
the preparer of the lighting plan that exterior lighting depicted
on the lighting plan will comply with the requirements of this
section after installation.
d. Photometric plan and data sheets showing the angle of cut off
or light emissions in footcandles across the entire property
and at the property lines.
1. A waiver to the photometric plan requirement may be
granted by the development review committee upon
request for certain small-scale, low-impact developments
so long as the other submittal requirements of this
subsection are met.
11
Section 4: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by modifying Section
118-728(h) (Exemptions) of Chapter 118 of the North Richland Hills Code
of Ordinances to delete the following and re-number this section
consecutively:
(4) Luminous tube lighting.
11
Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the 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 section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
Ordinance No. 3491
Page 4 of 6
Section 7: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby 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 8: 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
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued 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 9: 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 10: This ordinance shall be in full force and effect immediately following
publication as required by Section 9 hereof.
AND IT IS SO ORDAINED.
Passed on this 11th day of December, 2017.
C Y OF \ •RTH RICHLAND HILLS
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By:
Osc-CPPICo, ayor
ATTEST: 001tmuimuv
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Alicia Richardson, City Secretary v�%. h ;'`�►
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Ordinance No. 3491
Page 5 of 6
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Planning Manager
Ordinance No. 3491
Page 6 of 6
STATE OF TEXAS
COUNTY OF TARRANT
Befor "a N�ojtary Public in and for said County and State,this day
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distributed in other surrounding Counties; and who,after being duly sworn,did dispose and say that the
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