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HomeMy WebLinkAboutOrdinance 2444 ORDINANCE NO. 2444 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS AMENDED, TO AMEND ARTICLE 10, FENCE REGULATIONS, ARTICLE 3, PERMITTED USES AND ARTICLE 11, DEFINITIONS; RELATIVE TO MASONRY SCREENING WALL REQUIREMENTS, NON- MASONRY SCREENING REQUIREMENTS, SCREENING OF OUTDOOR REFUSE CONTAINERS, SCREENING OF AREAS FOR VEHICULAR STORAGE, SPECIAL SCREENING REQUIREMENTS AND MECHANICAL EQUIPMENT SCREENING AND ADDING DEFINITIONS OF MASONRY AND SCREENING. WHEREAS, the Planning & Zoning Commission has determined the need to amend Article 3, Article 10, and Article 11 in 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 Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-31 (City of North Richland Hills) Article 3 "Permitted Uses" Section 320.17 shall be amended to add the following language in its entirety as follows: (17) Screening of Outdoor Storage Areas - As permitted by Article 10, Fencing Regulations. 2. THAT, in Case Number PZ 99-31 (City of North Richland Hills), Article 11 "Definitions" shall be amended to add the following definitions which shall read in their entirety as follows: MASONRY - A form of approved construction composed of natural stone, rock, or brick, painted aggregate or exposed aggregate concrete, or split-face concrete masonry block. SCREENING - The use of a masonry wall, earth berm, or an opaque, dense form of landscaping or any combination thereof, to provide a physical and visual barrier. Ordinance No. 2444 Page 1 of 11 Exhibit "A" 3. THAT, in Case Number PZ 99-31 (City of North Richland Hills), Article 10, Fencing Regulations be amended as shown in Exhibit "A": to add, delete or alter masonry screening wall requirements, non-masonry screening requirements, screening of outdoor refuse containers, screening of areas for vehicular storage, special screening requirements and mechanical equipment screening. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or unconstitutional phrase, clause, sentence, paragraph or section. 5. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER 1999. j) ~.... ..'"'., j~tl -1. Chai~an",ng "an oning ~SSion /" I. /"') I~~ ,tW~ . L Secreta~, Planning andl'~;"ission Ordinance No. 2444 Page 2 of 11 Exhibit "A" PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF JANUARY, 2000. r lu,j, JL ~-4-- Mayor Charles sc[~~n City of North Richland Hills, Texas ATTEST: (!latv¿¿¡¿ ~ City Secretary City of North Richland Hills, Texas AP7VED AS TO CONT~NT: 1nni~r¿:;r4 Ordinance No. 2444 Page 3 of 11 ARTICLE 10 SCREENING AND FENCING REGULATIONS SECTION 1000, Landscaping Regulations and Section 1010, Buffer Yard Regulations are no longer included in the Zoning Ordinances but are considered to be a stand-alone ordinance and are attached. Section 1000 RESERVED Section 1010 RESERVED Section 1020 SCREENING WALLS A. Purpose - It is the purpose of this Section to provide for screening between zoning districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this Section to provide for the safe construction and maintenance of walls and fences constructed in the City. B. Masonry Screening Wall Required - A masonry screening wall, not less than six (6) feet nor more than eight (8) feet in panel height, shall be required on all property in accordance with Table 10-F. Masonry screening walls shall be designed and constructed in accordance with the standards contained in the Public Works' Design Manual for I"ublic Works I Utilitios. 1. Applicability - This regulation shall be applicable to (1) all new construction; or (2) any proposed building remodeling, alteration, addition, or expansion which either (a) the value of the proposed improvements exceed seventy-five (75) percent of the current appraised value of the existing structure(s), excluding the value of the land; or (b) increases the square footage of the building by thirty (30) percent or more. 2. Location of Screening Wall - The masonry screening wall shall be constructed along the entire length of the common property line between such properties and within the property required to erect the screening wall. The masonry-screening wall shall be constructed prior to the issuance of any Certificate of Occupancy. 3. Abutting Iron Horse Golf Course - Residential lots that abut Iron Horse Golf course shall be exempt from the masonry screening wall requirement. Ordinance No. 2444 Page 4 of 11 Exhibit "A" 4. Little Bear Creek Corridor - Only those portions of lots or tracts lying within the Little Bear Creek Corridor shall be exempt from the masonry screening wall requirements. 4-.~ R-7-MF Multi-Family Residential Zoned Districts - Perimeter screening abutting public street right-of-way, parks, or other dedicated open space, shall be provided as follows: a. Where a proposed multi-family development is adjacent to a C4U thoroughfare, or larger, as shown on the Master Thoroughfare Plan, said screening shall consist of a permanent decorative masonry screening wall, not less than six (6) feet in height, constructed along and adjacent to said thoroughfare. b. Where a proposed multi-family development is adjacent to a C2U or R2U thoroughfare, park, or other dedicated open space, said screening wall shall consist of a permanent decorative screening wall of masonry, stone, or wrought iron type construction, or a combination thereof, not less than six (6) feet in height. Wrought iron material shall not exceed 40% of the total wall face, including columns. c. Perimeter screening shall be constructed prior to the issuance of a Certificate of Occupancy. ~6. Hotel/Motel Developments: The masonry screening wall shall not be less than or more than eight (8) feet in height where a motel or hotel use abuts property zoned for any residential use. Ord. 2184, 3/24/97 6-:-7. MH-1 District: Perimeter screening abutting public street right-of-way, parks, or any other residential district. . Ord. 2274, 3/23/98 8. Masonry screening walls shall be constructed in accordance with the Public Works' Design Manual. and where possible shall be in a manner consistent with the exterior finish of the main building(s) in material and color. Where applicable. screening walls shall be extensions of the development's architectural design. 9. Outdoor storage of material or commodities shall be screened with a minimum six (6) foot masonry wall. Outdoor storage of materials or commodities shall not be stacked at a height higher than the height of the screening wall/fence. See Article 6. Outside Storage Regulations. 10. Outside display is not required to be screened. and if a temporary use. shall be in accordance with Article 6. Temporary Uses and Ordinance No. 2444 Page 5 of 11 Exhibit "A" Buildings. Outside display shall not encroach upon any required off- street parking areas, unless as otherwise provided. 11. Loading docks and delivery entrances facing a public street shall require a Special Use Provision in accordance with Article 5. Loading docks and delivery entrances not facing a public street shall be screened from any public roadway. Service/loading areas shall be screened from residential and office districts by a minimum six (6) foot tall masonry wall, a solid living screen or a combination thereof. C. Non Masonry Scrooning rance rtequired . On exieting propertiee where a masonry screening wall is not required, a sight barring fcnce, not less than six (6) feet nor more than eight (8) feet in height shall bc required on all property as shown in Table 10 r. Thc sight barring fence shall be constructed along the entire length of the common property line bet\veen such properties, and within the property required to erect the scrooning fence. The sight barring fence shall be constructed prior to the issuance of any Certificate of Occupancy. Ordinance No. 2444 Page 6 of 11 Exhibit "A" D. Table of District Screening Requirements Table 10 - F Masonry Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts Column 1 Abutting District Wall Required This District AG R1S R1 R2 R3 R4D R6T R8 MH1 R7MF U PD AG R1S --- R1 ---~ R2 R3 R4D R6T ----.~,..- R8 R7MF R R R R R R R R R* MH1 R R R R R R R R R R* 01 R R R R R R R R R R R* LR R R R R R R R R R R R* ---~---- C1 R R R R R R R R R R R* ~ --------'".--.- C2 R R R R R R R R R R R* OC R R R R R R R R R R R* ----_._-_..._._,_._.~ 11 R R R R R R R R R R R* 12 R I ~n+_ : R R R R R R R R* --- U R R R R R R* PD As required by the approved site plan "R" Denotes masonry screeing wall requirement. See Section 1020 C for existing properties. * Wall required when the Planned Development is for residential use. Section 1025 GENERAL SCREENING WALL AND FENCE CRITERIA A. Height - Walls and fences shall be no greater than eight feet in height. The height of a wall or fence shall be the vertical distance between the ground and the top of the wall or fence. In terrain where the ground slopes at a grade of ten (10) percent or more, the wall or fence may be built in eight (8) foot horizontal stair step sections. The average height of each fence section shall be no greater than eight (8) feet in height. B. Maintenance - Every screening wall and screening fence shall be adequately maintained by the property owner. C. Front Yards - Non-sight barring fences may be allowed in front yards. Such fences shall be wrought iron, and shall be no greater than four (4) feet in Ordinance No. 2444 Page 7 of 11 Exhibit "A" height, excluding the posts. Front yard fences for residential lots more than one (1) acre in size and having more than two hundred (200) feet of linear street frontage shall be no greater than six (6) feet in height, excluding posts. The posts must be constructed of brick or stone. Ord. No. 2356 D. Visibility Triangle - All walls and fences located on a corner lot shall comply with any applicable Visibility Sight Triangles as provided for in this Ordinance. E. Transverse Frontage Lots - When the rear yard of a first lot abuts the side yard of a second lot, no fence on the first lot shall encroach into the side yard adjacent to the street unless the fence complies with paragraph "C" of this section. (see illustration #11) F. Reverse Frontage Lots - When the rear yards of two corner lots abut, fences may complying with this section may be constructed within the side yard adjacent to the street. (see illustration #12) Section 1026 SCREENING OF OUTDOOR REFUSE CONTAINERS Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers which are used for waste disposal purposes shall only be allowed as an incidental use, and only when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped buffer yard. Refuse containers, trash dumpsters/containers, compactors, box compactors, and other similar containers shall be setback from all residentially zoned districts a minimum of 25 feet. A. Screening Wall Materials Screening walls on a minimum of three sides shall be constructed of brick or other low maintenance materials, which are consistent with the exterior finish of the main building(s) in material and color. The screening walls shall be constructed to be a minimum of one (1) foot in height above the container, and shall not exceed eight (8) feet in panel height. Where possible and economically feasible, screening walls around service areas and/or dumpster enclosures shall be similar to or extensions of the development's architectural design. Outdoor refuse containers shall be equipped with gates capable of screening the area from public view when closed. In no case shall materials be stored higher than the screening provided. B. Gates to any such area shall remain closed except when filling or emptying the container. Ordinance No. 2444 Page 8 of 11 Exhibit "A" C. Recycling containers shall not be required to be screened but be set back behind all the building setback lines of the primary structure. Section 1027 Safety No screening wall or fence shall be constructed or maintained in a manner that endanger the health or safety of the general public. The following regulations are adopted for public safety. A. Barbed Wire Prohibited - Fences constructed of barbed wire, except for livestock fences, and walls topped with broken glass or surfaced with similar materials shall be prohibited. B. Security Fences - A security fence of not less than six feet in height may be topped by barbed wire only in the C-2 Commercial, 1-1 Light Industrial, and 1- 2 Medium Industrial zoning districts. C. Electric Fences - Electric fences that are capable of causing harm or death shall be prohibited in the City. This shall not prevent the use of approved and listed equipment to charge single strands of wires for the purpose of animal or livestock control. Section 1028 Vehicle Storage Facility Screening Vehicle storage facility parking shall be landscaped in accordance with the separate landscaping regulations. The vehicle storage facility shall be screened around its entire perimeter with a maximum 30-inch high earth berm with 1:3 (one vertical to three horizontal) slopes set within a minimum twenty (20) foot wide parking lot edge. Such parking lot edge shall be provided between the property line and the edge of the parking lot. The entire length of the berm shall be vegetated with live plant material as listed in the adopted plant material list of the landscaping regulations. The vehicle storage area shall be landscaped according to the requirements for Landscaping of Parking Lots. In addition to tho landscaping roquiromonts of tho zoning district, no Cortificatc of Occupancy shall bo i66uod for a Vohiclo Storago raeility until ono of tho following scrooning options has boon satisfiod. ~ C2 and OC Districts 1. ^ pormanont masonry scrooning fcncc of not loss than six foot in hoight shall bc constructod along tho proporty lino adjaoont to any public stroot right of way; or, Ordinance No. 2444 Page 9 of 1 1 Exhibit "A" 2. A wood stockadc scrooning fonce of not 10&6 than six foot in hoight shall bo constructod within a landscapod buffor aroa which shall bo parallel with tho proporty lino adjacent to any public stroot right-of way. Tho landscapod buffor area shall contain not loss than one half of tho requirod landscapod aroa and bo irrigatod and planted with shrubsj buehoe, and/or troos facing tho street rightof way. Tho shrubs, bushos, and/or troos shall covor at loost sixty porcent of tho fonce. D. 1-1 and 12 Dietricts A chain link fonce of not 10Ð6 than six foot in hoight shall bo constructod along tho property lino adjacent to any public stroot right of way. Soction 1030 SftECIAL ScnEENING n=QUln=M=NTS A. Applicability Thcse rogulations shall apply to tho&O land uses listod in Soction 310, Tablo of I1ormittod Usos that aro dosignatod as having Special Scrooning noquiromcnts. Such scrooning rogulatione shall bocomo applicablo upon any chango of use, occupancy or at such timo as a building pormit is appliod for except as othel"\vise spocified by this GaEte. 2. Typos of Scrooning Whoro roquirod a scrooning fonco shall bo oroctod to a hoight not le66 than six (6) foot and provide a visual barrior from adjacent proporties and stroots. Such scrooning shall bo pormanontly and adoquately maintainod by the owner of tho proporty on which thc scrooning is roquirod. =xccpt for thc landscapo buffor, no scroening fonce or wall shall have moro than forty (40) squaro inchcs of openings ovcr any onc (1) squaro foot of fence or wallsuñacc. Only the following typos of screening shall qualify as meeting the requiroments of this Code. 1. Landccapod Duffor: Thie scrooning shall coneist of a landccapod strip of not 1066 than fivo (6) foet in width and shall includo hodgo like shrubbery of cvorgreen planting matorial capablo of obtaining a minimum hoight of six (6) foot within tho first throo yoors of initial planting. Such cvergreon planting matorial shall bo plantod not to cxceed four (<1) fect on centors and is a minimum hoight of two and a half (2 1/2) foot at initial planting. An automatic undorground drip irrigation or sprinklor systom shall bo provided for all roquirod landscapod buffor scroons. Any landscapo buffor requirod by this coda shall be maintainod in a hoalthy, thriving condition. 2. Scrooning rence: rencing may consist of a solid wood panol or a galvanized metal chain link fonce with all woothor slats intorwovon Ordinance No. 2444 Page 10 of 11 Exhibit "A" into tho mot:tl fabric. Such foncing Sh311 bo constructod on mot:tl posts and placod in concroto footings with bracing. 3. rubbod Mot:tll"anol renco: rencing may consiet of a ribbod motal panel which shall bo suitably finishod to blond with tho primary structuro and ehall bo oroctod on a structur311y sound mot:tl fr3mo sot in concroto. Galvanizod I corrug3tod mot:tl panols shall not bo allowod, 1. M3&onry W311: ^ m360nry scrooning fonce shall bo constructod to comply with tho minimum roquiromonts for maoonry scrooning w311s approvod by tho City of North ruehl3nd Section 1030 MECHANCIAL EQUIPMENT SCREENING FOR NON-RESIDENTIAL USES & NON-RESIDENTIAL ZONING A. Roof Mounted Mechanical Equipment Such equipment shall be screened from public view with a parapet wall, mansard-style roof or other architectural extension equal in height to the unit(s), except when the unit height exceed five (5) feet. The maximum screening wall height shall not exceed five (5) feet. When the height of the units does exceed five (5) feet, an additional roof setback for the unit shall be required at a ratio of two (2) horizontal feet for each additional foot of vertical height above five (5) feet. Public view shall be determined from any and all points on the front property line. B. Ground Mounted Mechanical Equipment Such equipment, with the exception of TXU's distribution voltage of 25 KV (kilo volts) or smaller, shall be screened from public view with a screening wall or living screen equal in height to the unit. The screening wall may be constructed of masonry or wooden materials. Public view shall be determined from any and all points on the front property line. Ordinance No. 2444 Page 11 of 11 INVOICE Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Start Date: Bill To: CITY OF NO RICHLAND HILLS/SECRE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Attn: CIT13 163989141 12/27/99 Net due in 21 days 12/31/99 16398914 073 NOTICE OF PUBLI 12/27/99 N011l,;E OF publiC Ht.AKII~'" FQR THE CITY COUNCIL OF NORTH RIf£HLAND HILLS, PZ 99·31 CITY~ NORTH i N~¡~~~':~e~~lg~~en to all in- terested persons· that the Ci~ Council will conduct a ~~e~~ hJ:hi~:r °ro,M~3g~ I at 7:0~P.M. in the City Coun- cil Chambers, 7301 North- east Loop 820, North Rich- land Hills, Texas, to consider amendments and changes to the City of North Richland Hills Zoning Ordinance 1874, as amended, pursu- ant to and in accordance with the City of North Rich- ~~d n31~';¡~~i~gm~h~i~~nacned Texas Local . Government Code, Title 7, Chapter 211. All interested parties will be given an opportunity to ap- pear and be heard and ex· press their views. tTHE ST A' C~~e~~~~~ls ';i~~ ~g~~id:~ C;:¡unty of to Zoning Ordinance{ ~o. 1874, to amend Artic e la, ~~ncjï~ ~ee'~~~r~~ns~ ar~1a~i~~ . to screening buffering and Ir said County and State, this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- fencing regulations ana any I F W· Co .. other additìons, deletiorys or gram, nc. at ort orth, In Tarrant unty, Texas; and who, after being duly sworn, did depose and say that the changes to vanous sections ,. bll h d i h b d h I· d d article.sand provisions con· ,was pu s e n tea ove name paper on t e ISte. ates: ~ tained in said Ordinance ~ 1874. A draft copy of the proposed amendments is . e ~ ~ ~. a~ail.ab e at City Hall for re- ~-...r--- VIeW. SU SC . Please contact the Plannina fi B RIBI ~ c_... ~.. any FORE ME, THIS Wednesday, De~em 29, 1999. ~:ti'f~ò. 7~Àh Ric~:J Hills Texas, 76180, (817)427·6300. ___.___ Notary Public . .' J ie- ~..- - ~ - ----""'>- '" DAWN 1\1 .·~U"~ÊÑDÃLÌ, - ~ Thank You For Your Payment _ _ _ ~~~~~t~~~~ ~~~~~s f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ -..:. ~a~ ~'~ ~ ~ '-= ~t_ _ _ _ _ _. _ _ _ __ NOTICE OF PUBLIC HEARING FOR T 1358 51 51 LINE Sales Discount Net Amount: ¿7¡¿1 1If.) '1t¡'( Before me, Telegram, . attached cI $5.51 $281.01 ($262.65) $18.36