HomeMy WebLinkAboutOrdinance 3837 ORDINANCE NO. 3837
ZONING CASE TR23-02
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING CHAPTER 118 OF THE NORTH RICHLAND HILLS
CODE OF ORDINANCES TO ADD A NEW RE-2 RESIDENTIAL
ESTATE ZONING DISTRICT AND RELATED STANDARDS, AND
CHANGE THE NAME OF THE R-1-S SPECIAL SINGLE-FAMILY
DISTRICT TO RE-1 RESIDENTIAL ESTATE AND REVISING THE
DISTRICT NAME WHERE REFERENCED IN THE CHAPTER;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the City's comprehensive land use plan, Vision2030, recommends the
creation of a new single family residential zoning district to accommodate
lots of approximately half-acre in size; and
pp Y
WHEREAS, the City Council desires to amend certain portions of the Zoning Ordinance
regarding adding a new zoning district RE-2 (Residential Estate) and related
standards; and
WHEREAS, the City Council desires to change the name of the R-1-S (Special Single-
Family) district to RE-1 (Residential Estate) and revise the district name
where referenced in the zoning chapter; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on December 21, 2023, and the City Council of
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the City of North Richland Hills, Texas, held a public hearing on January 22,
described and
respect the zoningamendmentherein;
2024, with e p
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, the City Council has determined that the proposed ordinance amendment
promotes the health, safety, morals, and the general welfare within the City
of North Richland Hills and is in the best interest of the City of North
Richland Hills;
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 in part by revising Section
118-271 - "Classifications" subsection (1) "Base districts" to change the
name of the R-1-S Special Single-Family zoning district to RE-1
Residential Estate and to add the RE-2 Residential Estate zoning district
to read as follows:
Abbreviated Zoning District Name
Designation
RE-1 Residential Estate
RE-2 Residential Estate
SECTION 2: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising the caption of
Chapter 118, Article IV- Districts, Division 3 to read as follows:
DIVISION 3. - R-1 SINGLE-FAMILY RESIDENTIAL, R-2 SINGLE-
FAMILY RESIDENTIAL, R-3 SINGLE-FAMILY RESIDENTIAL, RE-1
RESIDENTIAL ESTATE, AND RE-2 RESIDENTIAL ESTATE
DISTRICTS
SECTION 3: That the Comprehensive Zoning Ordinance and Code of Ordinances of
Hills be amended inpart byrevisingSection
the City of North Richland
118-311 - "Purpose" to change the name of the "R-1-S district" to "RE-1
district" and to add the "RE-2 district" to read as follows:
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(d) RE-1 district. The RE-1 residential estate district is intended to
provide areas for very low density development of single-family
detached dwelling units which are constructed at an approximate
density of one unit per acre in a quasi-rural setting. The RE-1 district
is specifically planned to allow for the keeping of livestock in a
residential setting.
(e) RE-2 district. The RE-2 residential estate district is intended to
provide areas for very low density development of single-family
detached dwelling units which are constructed at an approximate
density of less than two units per acre. The RE-2 district is primarily
intended for areas identified in the Vision2030 Land Use Plan as
Residential Estate.
SECTION 4: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-312
- "Permitted uses" to read as follows:
Uses permitted within the R-1, R-2, R-3, RE-1, and RE-2 districts are
provided in division 3 of article V of this chapter, table of permitted uses.
11
SECTION 5: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-313 - "Lot and area requirements" to read as follows:
The following lot and area requirements shall be required within the R-1,
R-2, R-3, RE-1, and RE-2 districts:
17
SECTION 6: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-313 Table 4-1 "Lot and Area Requirements" to change the name of
the "R-1-S" district to "RE-1" district and to add the "RE-2" district to read
as follows:
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Table 4-1
•
•
Lot and Area Requirements
RE-1 RE-2
•
•
Description Platted prior To Platted after
01/01/1998 i 01/01/1998
1. Min.Lot Area 1 acre 1 acre 20,000 s.f.
2. Min.Lot Width 1 1
a.Interior Lots.... 85 ft..................... .85 ft.................,... $S.ft...........................
i b.Corner Lot I 85 ft. 85 ft. 85 ft.
3.I Min.Lot Depth 120 ft. 120 ft. 120 ft.
•
4 _ ,
Min.Dwelling 2000 s.f. 2,300 s.f. 2,000 s.f.
Unit Size 2 -
Min.Front
5' Building Line 25 ft. 25 ft. _ 25 ft.
6.!Min.Side Building i 10 ft.and 6 ft.3 1 10 ft.and 6 ft.3 I 10 ft.and 6 ft.3
Line
Min.Rear
7' 10 ft. = 10 ft. 10 ft.
Building Line
•
Max.Structure i
8' Heights 38 ft. 38 ft. - 38 ft.
I i
9 Rear Yard Open € 20 percent of Lot 20 percent of Lot 20 percent of Lot Area
Space Area i Area I Area
n
SECTION 7: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-314
"General conditions" to read as follows:
The following general conditions shall be required of all development
located within the R-1, R-2, R-3, RE-1, and RE-2 districts:
(1) Fences in R-1, R-2, R-3, RE-1, and RE-2 districts: See article VIII,
screening and fencing.
(2) Parking in R-1, R-2, R-3 districts, RE-1, and RE-2: Off-street parking
space shall be provided on the lots to accommodate four cars for
each dwelling unit. At least two of such spaces shall be covered;
however, no supporting member of any garage, carport or other
automobile storage structure shall be located within the required
front building line. See article VII, parking and loading regulations.
(3) Accessory buildings in R-1, R-2, R-3, RE-1, and RE-2 districts: See
article V, supplementary district regulations. In addition, in the RE-1
district the location of stables and/or other accessory buildings
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associated with the keeping of livestock shall also be subject to the
provisions of chapter 14 of this Code.
(4) Customary home occupations in R-1, R-2, R-3, RE-1, and RE-2
districts: See article V, supplementary district regulations.
(5) Garage entry requirements:
a. R-1, R-2, RE-1, and RE-2 districts: Within every subdivision in
which the subdivision plat is submitted for approval after January
1, 1990, only front entry garages, set back 30 feet off the building
line, side entry, and rear entry will be allowed.
b. R-3 districts: Within every subdivision in which the subdivision
plat is submitted for approval after August 12, 2002, only front
entry garages, set back 30 feet off the building line, side entry
with no garages more than ten feet in front of the occupied
building front, and rear entry will be allowed. All properties zoned
R-3 prior to August 12, 2002, are exempt from the above
requirements.
c. R-1, R-2, R-3, RE-1, and RE-2 districts: For residences with at
least 2,500 square feet of air-conditioned space and three
garages, one of such garages may be a front entry garage
located at least 20 feet behind the front building line.
(6) Garage entry distance: Minimum distance between a side or rear
property line and a garage entry shall be 22 feet.
(7) Masonry requirement: See article V, supplementary district
regulations.
(8) Landscaping requirement: See separate landscape regulations in
article III, chapter 114 of this Code.
11
SECTION 8: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising the caption of
Chapter 118, Article IV - Districts, Division 4 to delete "R-1-S Special
Single-Family" from the caption.
SECTION 9: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-331
- "Purpose" to delete "R-1-S district" and to read as follows:
(a) R-4-D district. The R-4-D duplex residential district is intended to
provide areas for moderately high density development of duplex
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dwellings which are constructed at an approximate density of 9.9
units per acre.
(b) R-6-T district. The R-6-T townhome residential district is intended
to provide areas for medium high density development of single-
family attached dwelling units which are constructed at an
approximate density of 11.6 units per acre.
(c) R-8 district. The R-8 zero lot line single-family residential district is
intended to provide areas for moderately high density development
of single-family detached dwelling units which are constructed at
an approximate density of 8.7 units per acre. Furthermore, it is the
policy of the city that applications to rezone properties to the R-8
district will not be accepted after June 22, 1992.
SECTION 10: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-332
- "Purpose" to delete "R-1-S" and to read as follows:
Uses permitted within these R-4-D, R-6-T, and R-8 districts are provided
in division 3 of article V of this chapter, table of permitted uses.
SECTION 11: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-333 - "Lot and area requirements" to delete "R-1-S" and the
associated district standards from Table 4-2"Lot and Area Requirements".
SECTION 12: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-334
- "General conditions" to read as follows:
The following general conditions shall be required of all development
located within the R-4-D, R-6-T, and R-8 districts:
(1) Fences. See article VIII, screening and fencing regulations.
(2) Accessory buildings.
a. R-4-D and R-6-T and R-8 districts. See article V, supplementary
district regulations for accessory building regulations.
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(3) Parking.
a. R-4-D, R-6-T, and R-8 districts. Off-street parking space shall
be provided on every lot to accommodate two cars for each
dwelling unit. At least one such space shall be covered;
however, no supporting member of any garage, carport or other
automobile storage structure shall be located within the
required front building line. See article VII, parking and loading
regulations.
(4) Customary home occupations (R-4-D, R-6-T, and R-8 districts). See
article V, supplementary district regulations.
(5) Garage entry requirement.
a. R-4-D district. Within every subdivision for which a plat is
submitted for approval after July 1, 2003, only side or rear entry
garages shall be allowed.
b. R-6-T and R-8 Districts: None
(6) Garage entry distances.
a. Minimum distance. The minimum distance between a side or
rear property line and a garage entry shall be 20.5 feet.
(7) Masonry requirement. See article V, supplementary district
regulations for residential masonry regulations.
(8) Landscaping requirement. See separate landscape regulations in
article Ill of chapter 114 of this Code.
SECTION 13: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-373
- "Lot and area requirements"to revise footnote two (2) to read as follows:
2 Buildings placed within 60 feet of property lines adjacent to R-1, RE-1,
RE-2, R-2, or R-3 districts shall be single story. Beginning at 60 feet from
said property line, additional height of structures shall be allowed at a
ratio of a three to one slope until a maximum height of 50 feet is
obtained.
fl
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SECTION 14: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-394
- "Lot and area requirements" to revise footnotes two (2) and three (3) to
read as follows:
2 The side building line shall be 35 feet where the lot line abuts R-1, R-
2, R-3, R-4-D, R-6-T, R-7-MF, R-8, RE-1, RE-2, and AG districts
designated on the comprehensive plan for residential uses.
3 The rear building line shall be 35 feet where the lot line abuts R-1, R-
2, R-3, R-4-D, R-6-T, R-7-MF, R-8, RE-1, RE-2, and AG districts
designated on the comprehensive plan for residential uses.
SECTION 15: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-631 - "Table of permitted uses" to revise the table header for "R-1-S"
to read "RE-1 & RE-2."
SECTION 16: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-633 - "Legend for section 118-631; special land use regulations"
subsection (15) "Agricultural and livestock uses" to read as follows:
(15) Agricultural and livestock uses. Agricultural and livestock uses may
be conducted in the AG agriculture and RE-1 residential estate
zoning districts; provided, however, that neither livestock nor fowl
may occupy any lot of less than one acre in size. All such livestock
and fowl kept in these zones shall be subject to all the provisions
of chapter 14 of this Code.
11
SECTION 17: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-671 - "Required masonry percentage" to revise the table header in
Table 6-1 "Minimum Required Masonry Percentage Residential Zoning
Districts" for "R-1-S" to read "RE-1 & RE-2."
SECTION 18: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
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118-671 - "Required masonry percentage" to revise footnote two (2) to
read as follows:
2 Accessory buildings greater than 500 s.f. require Special Use Permit
approval in AG and RE-1 districts and may be subject to masonry
requirements.
SECTION 19: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-718 - "Accessory buildings and structures" Subsection (c)
"Permanent accessory buildings and structures" Subsection (4) "Side
building line" to read as follows:
(4) Side building line: The side yard setback shall be the same as for
the primary building structure.
Exception: In the R-1, RE-1, RE-2, R-2, R-3, R-4-D, and R-8
districts, side yard setback shall be as follows:
Building size Side building line(interior) Side building line (corner)
500 square feet or smaller 6 feet 20 feet adjacent to street
501 square feet or larger 10 feet 20 feet adjacent to street
31
SECTION 20: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-718
- "Accessory buildings and structures" Subsection (d) "Carport
regulations" Subsection (4) "Side building line" to read as follows:
(4) Side building line: Side yard setback shall be the same as for the
primary structure.
Exception: In the R-1, RE-1, RE-2, R-2, R-3, R-4-D, and R-8
districts, side yard setback shall be as follows:
a. Interior lots: six feet.
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b. Corner lots:
1. Six feet on the interior side.
2. Same as the primary structure for the side yard adjacent to
the street.
SECTION 21: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended in part by revising Section
118-872 - "Table of district screening requirements" to revise the table
header in Table 10-F "Masonry Screening Requirements for Districts
Shown in Column 1 When Abutting Certain Districts" for "R-1-S" to read
"RE-1 & RE-2."
SECTION 22: That the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by revising Section 118-873
-"Screening wall and fence criteria generally" Subsection (c) "Front yards"
Subsections (2) and (3) to read as follows:
it
(2) Front yard fences greater than four feet and no higher than six feet
in height may be permitted on residential lots greater than one acre
in size with 200 feet or more of street frontage. Said fence shall be
wrought iron or ornamental metal and shall have brick or stone
columns spaced 20 to 50 feet on center. Such properties, if zoned
AG, RE-1, or RE-2 may also be permitted a rural fence type as
provided herein.
(3) A Rural Fence may be permitted in the front yard of any property
zoned AG or RE-1, with a minimum of one acre, and with at least
150 feet of frontage on a street. Said rural fence may not exceed
five feet in height and may be one of the following fence types:
mortised split rail, wrought iron or ornamental metal, tubular steel
pipe, post-and-rail, or post-and-board. The use of cable may be
permitted in conjunction with tubular steel pipe fencing. The use of
continuous square mesh fencing, or "non-climb" fencing, and/or
masonry columns spaced 20 to 50 feet on center may be used in
conjunction with any of the aforementioned rural fence types. The
use of barbed wire or electric fencing for the purpose of livestock
containment shall only be permitted in conjunction with any of the
aforementioned rural fence types.
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,,
SECTION 23: 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 24: 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.
SECTION 25: 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 26: 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 27: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance.
SECTION 28: This ordinance shall be in full force and effect immediately following
publication as required by Section 27 hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 22nd day of January 2024.
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CITY OF NORTH RICHLAND HILLS
By:
Oscar revino ay or
ATTEST: ,
•
P'
tro
Alicia Richardson .....,,..
City Secretary/Chief Governance'
APPROVED AS TO FORM AND LEGALITY:
aleshia B. McGi nis, CityAttorney
Y
APPROVED AS TO CONTENT:
Clayton C stock, Director of Planning
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