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HomeMy WebLinkAboutOrdinance 3575 ORDINANCE NO. 3575 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING THE COMPREHENSIVE ZONING ORDINANCE; AMENDING ARTICLE II ADMINISTRATION AND ARTICLE III SITE PLANS OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO EXPIRED AND WITHDRAWAL OF APPLICATIONS; 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 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: Section 1: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by revising Section 118-180 (Withdrawal) of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: Sec. 118-180. —Withdrawal. Any proposal or application may be withdrawn in accordance with Division 7, Application Expiration. Ordinance No. 3575 Page 1 of 5 Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following section to Article II Administration of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: DIVISION 7. —APPLICATION EXPIRATION Sec. 118-204. — Generally. This section applies to any application required by Article II, Administration. The intent of this section is to extinguish applications that become expired due to inaction by the applicant. Sec 118-205. — Expiration of inactive applications. (a) Time limit. All applications required by Chapter 118 Article II, Administration shall be reviewed by the Enforcement officer as defined in Section 118-1 of the Zoning Ordinance and by the Development Review Committee (DRC). When action by an applicant is required for processing an application, e.g., revisions are requested after administrative review, the Enforcement officer shall notify the applicant in writing and provide in such notice that the application shall expire 180 days after the date of the notice if: (1) The applicant fails to respond in accordance with the notice; or (2) The applicant fails to request an extension of time pursuant to Sec. 118-207 of this section. (b) Expired application. For the purposes of this section, an application is considered expired if the applicant fails to comply with subsection (a) above. Sec 118-206. — Effect of expiration. An expired application shall become null and void, and shall not require any further notice or activity by the City. The Enforcement officer will treat as a new submittal, any application for a property associated with an expired application, subject to the requirements in effect at the time of the most recent application filing. Ordinance No. 3575 Page 2 of 5 Sec 118-207. — Extension of time. The Enforcement officer may grant an extension of time, for good cause shown, and based on good faith reasons as provided by the applicant. The application automatically expires after the extension period if no actions are taken on the application. Sec. 118-208. —Withdrawal. Any proposal or application may be withdrawn by the applicant at any time. 71 Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following section to Article Ill Site Plans of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: Sec 118-243. — Expiration of inactive applications. Inactive applications will be processed according to the procedures established in Article II, Division 7 - Application Expiration. 11 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 Ordinance No. 3575 Page 3 of 5 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 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 AND APPROVED on this 25th day of March, 2019. CITY OF-NORTH RJ,HLAND HILLS By: Oscar Trevino,Mayor `-, ATTEST: Alicia Richardson, City Secretary Ordinance No. 3575 Page 4 of 5 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Co stock, Planning Director Ordinance No. 3575 Page 5 of 5 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella field News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004147733 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3575 6161.28 1 48.00 Li Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS ORDINANCE NO.3575 ORDINANCE NO.3575 RODELA, Bid and Legal Coordinator AN ORDINANCE OF THE CITY ram AN ORDINANCE OF THE CITY for the Star-Telegram, published b OF NORTH RICHLAND HILLS 9 p by AMENDING THE COMPREHEN- OF NORTH RICHLAND HILLS SIVE ZONING ORDINANCE; AMENDING THE COMPREHEN- the Star-Telegram, Inc. at Fort Worth, N SIVE ZONING ORDINANCE; AMENDING ARTICLE II ADMIN- in Tarrant County, Texas: and who, MENDI AND ARTICLE III AMENDING ARTICLE II ADMIN- ISTRATION SITE PLANS OF THE NORTH ISTRATION AND ARTICLE III after being duly sworn, did depose RICHLAND HILLS CODE OF OR SITE PLANS OF THE NORTH 9 Y P OR- DINANCES AS THEY PERTAIN RICHLAND HILLS CODE OF OR and say that the attached clipping of TO EXPIRED AND WITHDRAW- DINANCES AS THEY PERTAIN TO AL EXPIRED APPLICATIONS;WIT ER AB- TO EXPIRED AND WITHDRAW- an advertisement was published in HING A PENALTY; PROVID- AL OF APPLICATIONS; ESTAB- LISHING A PENALTY; PROVID- the above named paper on the listed ING SHALL BE CUMULATIVE OF ALL SHALL THAT THIS ORDINANCE ALL ORDINANCES AND REPEAL OF ORDIN ORDINANCES CUMULATIVE ND REPEAL A ALL dates: CONFLICTING PROVISIONS; CONFLICTING AND REVEAL S; PROVIDING A SEVERABILITY PROVLICNING PROVISIONS; CLAUSE; PROVIDING A SAV- PROVIDING A SEVERABILITY SAV- INGS CLAUSE; PROVIDING FOR CLAUSE;SE; PROVIDING A SAV PUBLICATION;AND PROVIDING PUBLICATION; P CLAUSE; PROVIDING AN EFFECTIVE DATE. UBLIFECION;DAT PROVIDING DING 2 Any person violating any of the AN EFFECTIVE DATE. Insertion(s) Any person erson oiolating any provisions of this ordinance shall be deemed guilty of a mis- provisions of this ordinance n the shall be deemed guilty of a mis- Published On: demeanor and upon conviction thereof shall be fined an amount demeanor and upon conviction not to exceed Two Thousand thereof shall be fined an amount March 28,2019, March 29,2019 not to exceed Two Thousand Dollars ($2,000). Each day any Dollars ($2,000). Each day any such violation shall be allowed such violation shall be allowed to continue shall constitute a to continue shall constitute a separate violation and be pun- separate violation and be pun- ishable hereunder. ishable hereunder. AND IT IS SO ORDAINED. AND IT IS SO ORDAINED. PASSED AND APPROVED on PASSED AND APPROVED on this 25th day of March,2019. this 25th day of March,2019. CITY OF NORTH RICHLAND CITY OF NORTH RICHLAND HILLS HILLS By: /s/Oscar Trevino Oscar Trevino,Mayor Oscar Trevino,Mayor / Oscar Trevino ATTEST: T /s/Alicia Richardson ATTE ST: TE /s/Alicia Richardson__ Alicia Richardson,City Secretary Alicia Richardson,City Sthetary APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY: LEGALITY: /s/Ma eshia B. c McGinnis i �1 Maleshia hi McGinnis,Attorney /s/Maleshia B.McGinnis__ �`,i(/ Maleshia B.McGinnis,Attorney (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 29th day of March in the year of 2019 ,,PHYFyA.�. LIZBETHAILEENCORDERO ���vd*��r `* *= My Notary ID#131868068 Notary Public- .„,*-r:‘ ,..- Expires January 25,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!