HomeMy WebLinkAboutOrdinance 2375
NOTE TO ORDINANCE NO. 2375:
Ordinance No. 2375 was approved by the City Council on March 15! 1999 with the
following amendments:
¡¡Councilwoman Johnson moved that we pass Ordinance No.2375 with the addition of
including description of major retail malls.
Councilwof"nan Lyman asked Councilwoman Johnson if she would include to begin the
process of review by Planning and Zoning to reincorporate this ordinance into the
Planning and Zoning Ordinances.
Councilwoman Johnson accepted the amendment, and Councilwoman Lyman
seconded the motion.
Councilwoman Johnson restated the motion, to approve Ordinance No. 2375 with the
provision to add the wording that establíshes the identification of the major retail mall
development as written in the sign ordinance, as a provision of consideration for current
landscaping; (Sign Ordinance No. 2374, page 17, 4C1 General Criteria - A Major Retail
Mall is a commercial development that consist of a multi-occupancy building consisting
primarily retail establishments located in one building or one operating entity having a
combined floor area of at least five hundred thousand (500,000) square feet in floor
area. The development may be located on one or more contiguous and adjacent lots,
parcels or tracts,)! and to instruct Staff to commence preparation for Council to consider
the returning of the landscape ordinance with the sign ordinance to the Planning and
Zoning Commission, The rnotion was seconded by Councilwoman Lyman.
Motion carried 6-0. J
The City Secretary's office did not receive from the Planning Department a revised
ordinance for signatures. The attached ordinance is a copy that was provided in the
Councìl packets and does not include the above amendments.
ORDINANCE NO. 2375
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR
VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
I.
THAT, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULATIONS
1. Landscaping Regulations
A. Purpose - These landscaping regulations provide standards and criteria for new
landscaping with live plant material, and are intended to promote the value of
property, enhance the general welfare, improve the phY9ical appearance of the
City, and enhance the community's ecological, environmental and aesthetic
qualities.
1. It is the intent of this Section to establish requirements for the installation and
maintenance of landscaping and buffering elements and other means of site
improvement on existing and newly developed property in order to enhance the
community's ecological, environmental and aesthetic qualities.
Ordinance No. 2375
2. It is the intent of this Section to reduce the negative effects of increases in air
temperatures, glare, noise, erosion, and sedimentation caused by expanses of
impervious and unvegitated surfaces within the urban environment.
3. It is the intent of this Section to preserve and improve the natural urban
environment by recognizing that the use of landscaping elements can contribute
to the processes of air purification; oxygen regeneration; ground water recharge;
storm water runoff retardation; and the abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and
protect public and private investment.
B. Applicabilitv - The provisions of the Landscaping Regulations contained in this
Section shall apply in the following situations:
1. When an existing building is proposed for remodeling, alteration, addition, or
expansion, in which the value of the proposed construction exceeds seventy-five
percent of the current appraised value of the existing structures, excluding the
value of the land; or,
2. When an existing building is proposed for an addition that will increase the
square footage of the existing building by thirty percent or greater; or,
3. Upon all new construction; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit
Development.
C. General Criteria
1. The standards contained in this Section are considered minimum standards
and shall apply to the following zoning districts: MH1 (when containing two or
more dwelling units); R-7-MF Multi-Family District; 0-1 Office District; LR Local
Retail District; C-1 Commercial District; C-2 Commercial District; OC Outdoor
Commercial District; 1-1 Light Industrial District; 1-2 Mediûm Industrial District;
and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buildings shall be exempt
from the requirements of this Section.
2. All landscaping shall be installed prior to the issuance of a Certificate of
Occupancy. A Certificate of Occupancy will be issued only when the Building
Official determines that all landscaping has been installed in accordance with the
approved Landscape Plan. If it is determined by the Building Official that
planting of live material is hindered by adverse weather conditions, an extension
of time may be granted for a period of up to six months.
Ordinance No. 2375 2
3. Landscape Plans shall be prepared by a licensed landscape architect,
certified nurseryman or master gardener. Irrigation Plans shall be designed and
installed by a licensed irrigator of the State of Texas.
D. Landscape Plan Required - When an application is submitted for a building
permit on any site where these Landscape Regulations are applicable, the
building permit application shall be accompanied by a Landscape Plan. The
. Building Official shall review the Landscape Plan to determine compliance with
these Landscape Regulations. The Landscape Plan shall include sufficient
information to determine compliance with this Section, and shall as a minimum
contain the following information:
1. The date, scale, north arrow, title, and name of owner.
2. A minimum scale of not less than one-inch equals twenty feet.
3. All existing and proposed buildings and other structures, paved areas, planted
areas, power poles, light standards, fire hydrants, signs, fences, sidewalks, and
other permanent features to be added and/or retained on the site.
4. The location and height of all trees to be preserved or retained.
5. The location of all plants and landscaping material to be used including
paving, benches, screens, fountains, statues, or other landscape features.
6. A delineation of the designated landscaped area
7, A list of the species of all plant material to be used.
8. A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate.
10. The layout and description of irrigation system.
11. The name, address, and telephone number of the person or firm responsible
for the preparation of the Landscape Plan.
E. Landscape Area Percentage - An area not less than fifteen (15%) of the total lot
area shall be landscaped. No area shall be maintained with bare soil. All ground
surfaces not used for buildings, sidewalks, roadways, or other impermeable
surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover,
flowering plants or appropriate mulching and only those areas with live plant
materials shall be included in the calculation for determining compliance with the
percentage of lot coverage.
F. Landscape Setback- There shall be a landscape setback area having a
minimum width of ten (10) feet adjacent to all public street rights-of-way. Roof
overhangs and awnings are permitted within this area as long as no conflict
exists with the required landscaping. Loading areas, outside storage and
outside display areas shall not encroach into the landscape setback. No parking
or maneuvering areas are permitted within the landscape setback with the
exception of ingress and egress drives.
Ordinance No. 2375
3
G. Landscape Setback- The landscaped setback shall be provided adjacent to all
streets and shall contain grass, ground covers, shrubs, trees or any combination
thereof, as provided herein.
1. Required Trees- Within the landscape setback, one (1) two inch (2") caliper
tree shall be planted per fifty (50) feet, or fraction thereof, of street frontage.
Existing trees situated within the landscaped edge may be included in this
calculation. Two ornamental trees may be substituted for a large tree.
2. Required Shrubs- Ten (10) shrubs, two (2) feet in height minimum, shall be
planted per fifty (50) linear feet, or fraction thereof, of street frontage.
3. The required landscape setback landscaping shall not count toward required
parking lot landscaping.
H. Parkinq Lot Screening - Parking and maneuvering areas which are not screened
by on-site buildings or fences shall be screened from view of public rights-of way
and open space as follows
1. Screening shall be a maximum height of thirty (30 ) inches above the grade of
the parking lot along and adjacent to the entire length of the parking and
maneuvering area and provide a solid screening barrier using one, or a
combination, of the following:
a. Screening shrubs,
b. Walls, and/or
c. Berms.
2. Screening shrubs shall be spaced a minimum of three (3) feet on center and
shall be at least twenty-four (24) inches in height at the time of planting.
Shrubs shall be a minimum size of three (3) gallons. Shrubs shall be planted
a minimum of two feet off the back of curbs. Areas under the car bumpers
shall be covered with groundcover or special paving treatments such as brick
or concrete pavers,
3. Wall structures shall be masonry. There shall be a continuous concrete mow
edge with a minimum of twelve (12) inches on the side of a wall facing the
street right-of-way. Masonry walls shall be constructed to the standards in the
Public Works Design Manual.
4. A maximum 30-inch high earth berm with 1:3 (one vertical to 3 horizontal)
slopes set within a minimum twenty (20) feet wide 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 materials.
5. Screening shall not extend into any visibility triangle.
I. Landscapinq Credits - Credits for trees and shrubs are intended to encourage
the enhancement of the lot through additional landscaping elements. As an
alternative to the required fifteen (15) percent total landscaped area, landscape
credits may be utilized to reduce the total amount of land area dedicated for
landscaping purposes. However, in no instance shall the credits reduce the total
amount of landscaping on a lot to less than ten (10) percent of the total land
Ordinance No. 2375
4
area. Credits are allowed for existing or newly planted trees and shrubs, and
only if the feature is maintained as a permanent element of the Landscape Plan.
All landscaped areas, including trees, shrubs, vines, grasses and groundcover that
received landscaping credits, shall be properly maintained. If any plant material
dies, such material shall be subject to replacement as specified in Paragraph J.
Credits are allowed as follows:
1. Credit for Shrubs: Credit shall be allowed according to Table 1. Any plant
type or species may be used in the landscaping plan. However, landscaping
credit shall be allowed only for those shrubs contained in attached Exhibits.
Table 1
Equivalent Landscape Area for Shrubs
Height of Shrubs Above
Finished Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
l'
2'
3'
4'
5' and above
1 0 sq. ft.
1 5 sq. ft.
20 sq. ft.
25 sq. ft.
30 sq. ft.
2. Credit for Trees: Credit shall be allowed according to Table 3. Any plant type
or species may be used in the landscaping plan. However, landscaping credit
shall be allowed only for those trees contained in Exhibits.
Table 3
Equivalent Landscape Area for Trees
Caliper of Trees at 12-inches
Above Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
1"
2"
3"
4"
5"
6" and above
200 sq. ft.
400 sq. ft.
600 sq. ft.
800 sq. ft.
1,000 sq. ft.
1,200 sq. ft.
J. Maintenance of Landscapinq - All landscaping and related maintenance shall be
the responsibility of the property owner. The following minimum standards shall
be required:
Ordinance No. 2375
5
1. All required landscape areas shall be permanently maintained and shall be
irrigated with an automatic conventional irrigation system equipped with rain and
freeze sensor controls. The irrigation system shall be installed by a licensed
irrigator or master plumber.
2. Irrigation systems may be buried on public street right-of-way; however, the
City or any franchised utility will not be responsible for damage to any
landscaping material or equipment while performing repairs of maintenance to its
system.
3. Landscaped areas shall be kept free of trash, litter, weeds, and other such
material or plants that are not a part of the landscaping.
4. All plant materials shall be maintained in a healthy and growing condition as
appropriate for the season of the year. The property owner is responsible for
regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other
maintenance of all plantings as needed,
5. Plant materials which die shall be replaced by the owner within a six-month
period with plant material of similar variety and size.
K. Landscapino of Parkino Areas It is the intent of this Section to encourage the
design and construction of parking areas in a manner whereby areas within the
parking lot are landscaped as well as areas considered unusable for parking or
maneuvering space. It is also the intent of this Section to aid in the abatement of
noise, glare, and heat associated with large expanses of hard paved surfaces
and motor vehicles. Parking areas shall be landscaped in accordance with the
following regulations:
1. Definitions
a. Large Island- An island with a minimum dimension of six (6) feet by
twelve (12) feet with a minimum of one tree.
b. Small Spot Islands- An island with a minimum dimension of six (6) feet
by six (6) feet square, or six (6) feet circular. Small spot islands are
limited to a maximum of sixty percent of the total number of islands
combined. A minimum of one tree is required per spot island.
2. Parking Lot Plant Material Sizes- The following minimum plant material
sizes apply at time of planting:
a. Large Tree-Minimum 2 inch caliper
b. Ornamental Tree-Minimum 4 foot high
c. Large Shrub- Minimum 3 feet high
d. Small Shrub-Minimum 3 gallon
e. Groundcovers-Minimum 4inch pot.
Ordinance No. 2375
6
3. All landscaping within the parking lot shall be located within a landscape
island. The island shall be delineated from the surrounding paved area by a
curb or barrier of not less than six inches in height around the perimeter of
the island. The curb or barrier shall be constructed of masonry or concrete.
Each island shall be located entirely within the confines of the parking and
maneuvering area.
4. One large tree shall be planted for every twenty (20) parking spaces. No
parking space shall be located more than one hundred (100) feet from a
landscaped island. All landscape islands shall be landscaped with at least
groundcover. No more than one-half of the required landscape island shall
be planted in a mix of shrubs and groundcover. Trees required by this
section shall be located, within an island in the interior of the parking lot.
5. Each drive approach for a property shall be constructed with parking entrance
islands on each side of the driveway. The parking entrance islands shall be
constructed perpendicular to the property line. The parking entrance island
shall commence at the termination of the required landscaped setback and
extend into the property, The parking entrance island shall be eighteen feet
(18') in length and six feet (6') wide. The long dimension shall be
perpendicular to the landscape setback. The landscape entrance island shall'
be planted with shrubs placed at three-foot (3') centers. The minimum height
of the shrubs upon planting shall be twenty -four (24) inches. The
maintained height of the required shrubs shall be thirty (30) inches.
6. Landscape islands - shall be irrigated as required by this Section. Irrigation
of all landscaped area adjacent to any parking and/or driving surfaces shall
be installed such that a minimum amount of water is applied to parking and/or
driving spaces.
7. All shrubbery, flowering plants, and trees planted in parking lot islands or
adjacent to parking lots shall be set back two and one-half feet from any curb
and/or curb stops placed where vehicles may face.
8. All parking lot areas must have at least 5% of the parking lot landscaped.
This percentage counts toward the overall landscape requirement for the lot.
For any larger existing trees located in the parking area, which are being
retained and incorporated into the Landscape Plan, an appropriate aeration
system or an alternative method of protecting the trees must be provided and
detailed in the Landscape Plan. At least three-fourths of the tree dripline
area must be in a permeable area.
L. Conflict with Traffic - Landscape plantings shall not be erected or installed in
such a manner as to interfere with traffic view or impose a safety hazard. All
landscape plantings shall comply with any applicable Visibility Sight Triangles as
provided for in these regulations.
M. Visibilitv TrianQle - No fence, screening wall, billboard, sign, structure, hedge,
tree, or shrub shall be erected, planted or maintained in such a manner so as
to obstruct or interfere with a clear line of sight for the drivers of approaching
Ordinance No, 2375
7
motor vehicles within a visibility sight triangle. Within this triangle, vision shall
be clear at elevations between thirty inches and nine feet above the average
curb grade. The placement of utility poles or traffic control devices shall be
regulated the Public Works Director.
1. Street Intersections
a. On corner lots where two residential streets intersect or where a
residential street intersects with a C-2-U Collector Street, or larger, the
triangular area shall be formed by the greater of either:
1) Extending the .two curb lines from an imaginary point of intersection
a distance of thirty feet and connecting these points with an imaginary
line, thereby making a triangle, or
2) Extending the property lines, from their point of intersection, a
distance of ten feet and connecting these points with an imaginary line,
thereby making a triangle,
b. On corner lots where two C-2-U Collector streets intersect, or where a
C-2-U Collector street intersects with a C-4-U Collector street, or
larger, the triangular area shall be formed by the greater of either:
1) extending the two curb lines from an imaginary point of intersection
a distance of thirty-five feet and connecting these points with an
imaginary line, thereby making a triangle, or
2) Extending the property lines, from their point of intersection, a
distance of fifteen feet and connecting these points with an
imaginary line, thereby making a triangle.
c. On corner lots where two C-4-U Collector streets, or larger, intersect,
the triangular area shall be formed by the greater of either:
1) extending the two curb lines from an imaginary point of
intersection a distance of forty feet and connecting these points
with an imaginary line, thereby making a triangle, or
2) Extending the property lines, from their point of intersection, a
distance of twenty feet and connecting these points with an
imaginary line, thereby making a triangle.
d. In cases where streets do not intersect at approximately right angles,
the Public Works Director shall have the authority to vary these
requirements as deemed necessary to provide safety for both
vehicular and pedestrian traffic.
2. Driveway Intersections
Ordinance No. 2375
8
No sign, including the pole of a sign, shall be erected or maintained in such a
manner so as to obstruct or interfere with a clear line of sight for the drivers of
approaching motor vehicles within a visibility triangle located on each side of a
commercial driveway which intersects with a public street right-of-way or public
access easement. The triangular area shall be formed by extending from the
imaginary intersection point of the street right-of-way line with the edge of the
driveway a distance of fifteen (15) feet and connecting these points with an
imaginary line, thereby making a triangle. Within this triangle, vision shall be
clear at elevations between thirty (30) inches and nine (9) feet above the
average curb grade. Where a driveway intersects with a one-way street, a
visibility triangle is only required on the on-coming traffic side of such
driveway, unless traffic safety considerations dictate otherwise.
2. Buffer Yard Regulations
A. Purpose It is the purpose of this Section to provide buffering elements for visual
buffering 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 provide spacing between different uses that may be considered
incompatible.
B. Buffer Yard Between Zoninq Districts Required For any non-residential or multi-
family construction which abuts a single-family or two-family residential zoning
district or agricultural zoning district, there shall be a buffer yard of live plant
material for the entire width and distance along which the development abuts the
residential district. The buffer yard shall be of a width as required in Table 5.
This green belt is included in the overall calculation of the percentage of required
landscaping.
Table 5
Width of Required Buffer Yard
Zoninq District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
1 0 feet
1 0 feet
1 0 feet
1 0 feet
1 0 feet
1 5 feet
15 feet
15 feet
1 5 feet
Ordinance No. 2375
9
C. Buffer Requirements
1. Multi-Family zoning adjacent to Single Family zoning- Multi-family zoning
adjacent to single family zoning shall provide the following:
a. A masonry screening wall not less than six (6) feet nor more than eight (8)
feet in height.
b. A minimum of one large tree planted per each 30 linear feet of buffer area;
c. A minimum of 40 percent of large trees shall be evergreen.
2. Non-residential zoning Adjacent to Residential - Non-residential zoning
adjacent to residential zoning shall provide the following:
a. A masonry screening wall not less than six (6) feet nor more than eight (8)
feet in height.
b. A minimum of one large tree planted per each 30 linear feet of buffer area.
c. A minimum of 40 percent of large trees provided shall be evergreen.
3. Non-residential zoning adjacent to residential zoning and separated by a
street shall provide the following:
a. The rear, service side and/or loading docks of the non-residential zone
shall comply with the requirement of this section,
b. The rear, service side and/or loading docks shall be screened from view by
a masonry screening wall not less than six (6) feet nor more than eight (8)
feet in height.
c, The rear, service side and/or loading docks shall be provided a buffer yard
as required by Table 5.
d. The buffer yard shall contain one large tree per each lineal feet of buffer
area. A minimum of 40% of the required trees shall be evergreen.
e. In lieu of the masonry-screening wall, a combination of screening shrubs
and berms may be constructed to the minimum six-foot height. Earthen
berms shall be constructed with a maximum 1:3 (one vertical to three
horizontal) slopes. The entire length of the berm shall be vegetated with
live plant material.
3. Landscape Review Board
A. Creation: There is hereby created a Landscape Review Board. For the purpose
of this Ordinance, the members of the City Council shall serve in the capacity of
the Landscape Review Board.
B. Meetinqs and Quorum: Four members of the Board shall constitute a quorum for
the conduct of business. The members of the Board shall regularly attend
meetings and public hearings of the Board and shall serve without
compensation. Minutes shall be kept showing the vote of each member on each
question or the absence or failure of each member to vote. Such proceedings
shall be a public record and shall be retained for at least five years.
Ordinance No. 2375
10
C. Jurisdiction: The Landscape Review Board shall have the right to inspect
premises where required in the discharge of their responsibilities under this
ordinance. The Landscape Review Board, in specific cases, may authorize or
order the following:
1. Interpretation: To hear and decide appeals where it is alleged there is error
on any order, requirement, decision or interpretation of this ordinance by the
Building Official. In reaching its decision, the Board shall establish firm
guidelines for future administrative actions on like matters.
2. Permits for Nonconformities: To authorize, when applicable, a building permit
for the reconstruction, extension, or enlargement of an existing structure in which
the landscaping is non-conforming within the requirements of this Ordinance.
3. Variances: To authorize upon appeal, in specific cases, such variance from
the terms of this Ordinance as will not be contrary to the public interest and
where, because of special conditions, the enforcement of the Ordinance would
result in an unnecessary hardship.
D. Interpretation Request or Appeal: A request for interpretation of regulations or an
appeal for variance from a certain provision of this ordinance may be taken by
any person aggrieved or by any officer, department, or Board of the City affected
by a decision of the City Building Official. Such appeal shall be taken within
fifteen (15) day's time after the decision has been rendered, by filing with the
Building Official a notice of appeal specifying the grounds thereof. The Building
Official shall transmit to the Board all papers constituting the record upon which
the action being appealed was taken.
E. Application: Before any request for an interpretation or a variance from this
Ordinance will be heard by the Landscape Review Board, application shall be
made and duly filed by the property owner or authorized agent upon the forms
prescribed by the City of North Richland Hills. Such application shall included,
but is not limited to, the following:
1. The name, address, and phone numbers of the propérty;
2. The name, address, and phone numbers of the owner's agent, if applicable;
3. The legal description of the property;
4. A brief description of the variance sought;
5. The required number of copies of a current boundary survey, plat, or plot plan
of the property.
The applicant must provide proof of ownership of the property, or a letter from
the owner of the property granting the applicant permission to request the
variance.
Ordinance: No. 2375
II
F. Fees: Every application for a variance shall be accompanied by a filing fee as
follows: $175.00.
G.· Stay of Proceedings: An appeal shall stay all proceedings of the action appealed
from unless the City Building Official, after the notice of appeal has been filed,
certifies in writing to the Board that a stay would, in the opinion of the City
Building Official, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or
by a court of record,
H. Form of Appeal or Application: An appeal or application shall be in such form
and contain such information as the Board may require under its Rules of
Procedure, It shall be accompanied by the required fee. An incomplete appeal
or application shall be deemed only to give notice of intent to appeal or apply to
the Board and shall not be reviewed or scheduled for hearings until brought to
completion,
I. Notice of Hearing: Official written notice of public hearing on every application
for a variance or for an interpretation of regulations applying solely to an
individual property shall be sent to all owners of real property lying within two
hundred feet of any property on which the variance is requested. The notice of
hearing shall be given to each taxpayer as the ownership appears on the last
approved city tax roll by depositing such notice, properly addressed and postage
paid, in the United States Post Office, not less than ten days before the date set
for a hearing before the Landscape Review Board. Notice of hearing shall also
be given by publication in the official newspaper of the city at least ten days
before the date before the date set for a hearing before the Landscape Review
Board. Such notice shall state the time and place of such hearing, and the
nature of the subject to be considered.
J. Hearing:
1, Upon the hearing, the applicant shall appear in person or by attorney or
authorized agent. Evidence supporting the granting or denial of an appeal shall
be submitted only through the City Building Official or to the Board in public
meeting.
2. Any appeal or application may be withdrawn upon written notice to the City
Building Official.
3. The Board shall make its decision on any application within forty-five days
from the time the initial hearing is held or the application will be deemed to have
been denied.
K. Decision and Votinq:
Ordinance No. 2375
12
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1. Every decision of the Board shall be based upon findings of fact and every
finding of fact shall be supported in the record of proceedings. The Board may
act only in matters as specifically authorized by these regulations and these
regulations shall be construed as limitations on the power of the Board to act.
2. Nothing herein contained shall be construed to empower the Board to change
the terms of these regulations, or to effect changes in the zoning districts. The
powers of the Board shall be so applied that the terms of these regulations will
be strictly enforced.
3. The affirmative vote of four members shall be necessary to reverse, on
appeal, any order, requirement, decision or determination of the City Building
Official; to approve any variance that the Board is empowered to grant; or to
authorize the continuance or discontinuance of a non-conforming use, structure,
or lot.
4. A member shall disqualify himself from voting whenever he has a personal or
monetary interest in the property under appeal, or will be directly affected by the
decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or
his agent, has sought to influence the member's vote on the appeal other than in
the public hearing.
6. The decision of the Board shall be final.
L. Approval of Request:
1. In approving any request, the Board may designate such conditions including
time limits, if appropriate, in connection therewith in order to secure substantially
the objectives of the regulation or provision to which such variance is granted and
to provide adequately for the maintenance of the integrity and character of the
zone in which such permit is granted.
2. When necessary the Board may require guarantees, in such form as it deems
proper, to insure that conditions designated in connection therewith are being or
will be complied with.
3. Upon approval of an application for a variance appeal, the applicant shall apply
for occupancy or construction permits within sixty days after the Board's decision
unless a greater time is requested in the application and is authorized by the
Board. Any approval may be granted one emergency extension of sixty days on
written request filed with the Board before expiration of the original approval.
Failure of the applicant to apply for occupancy of construction permits within the
Ordinance No. 2375 13
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authorized time period shall void the right to secure such permits except upon the
filing of a new application or appeal.
M. Denial of Request: No appeal or application that has been denied shall be further
considered by the Board, unless the Board affirmatively finds:
1. That new plans materially change the nature of the request, or
2. The permitted development of other nearby property in the same zone has
been substantially altered or changed by a ruling of the Board so as to support an
allegation of changed conditions.
4. Violations
A. If the Building Official shall find any of the provisions of this Ordinance being
violated, he shall, when necessary, give notice to the person responsible to
cease such violations forthwith.
B. Written notice may be delivered in person or by mail to a violator or to any
person in charge of property where a violation is occurring. Verbal notice may
be given to a violator in person by the Building Official or his deputy. Either
notice shall be effective.
C. In their interpretation and application, the provisions of this Ordinance shall be
held to be the minimum requirements adopted for the promotion of public health,
safety, morals and general welfare.
D. Whenever the requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances, the
requirements that are most restrictive or that impose higher standards as
determined by the Building Official shall govern.
II.
Repealer Provision
That, upon approval, this ordinance supersedes and takes precedence over any other
landscaping regulation of the City of North Richland Hills, Texas.
III.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall
be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum
Ordinance No. 2375 14
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not to exceed two hundred dollars ($200.00) for each offense. Each day such
violation continues to exist shall constitute a separate offense.
IV.
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.
V.
Effective Date
This ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 15th DAY OF MARCH
1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2375
15
Star~elegram
FED. 1.0. NO. 22-3148254
AD ORDER NO. 14827865
CIT13
400 W. SEVENTH STREET. FORT WORTH, TEXAS 76102
ACCOUNT NO.
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day'
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
r 4/01ME ::::;~
0; ;¡ '" I'LI! NO. U7S
An Or e of the CìlY of
N()rttI ."dHllls, Texas
esta ~greg-
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violations with each day of vi-
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savings clewse and en e1!ec,
tive date of March 15,
')99,
P;'S:~t ~~Cr~J
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Approved: /~es Scoma,
Mayor ,
DESCRIPTION
AD SIZE
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54
RATE
QUOTE
AMOUNT
ORDINANCE NO. 23 1358
03/31-04/01
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19.44
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/selltrìcia Hutson,
Ä~~r~;~de~~'fo Form
and Legality:
/s;Rex ~cEntire,
Çity,Attornev
s~~~
5TH DAY OF APRIL 1999
~t~~ '120 .RJcL
Notary Public
SUBSCRIBED AND SWORN TO BEFORE ME, THIS THE
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' i§~·f)·· ....!:~;.\ RHONDA R. GOKE
~~~.. ' ÆJ COMMISSION EXPIRES
# I¡¡j<~....... .+; SEPTEMBER 8, 1999
#. \''''~''''
TARRANT COUNTY, TEXAS
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT.
THANK YOU!
~ TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ~