That the Zoning Ordinance, Ordinance Number 1273-14, and Zoning
Map of the City of Richland Hills, Texas, as passed and approved on
May 6, 2014, together with all amendments thereto is hereby amended
in its entirety to read as follows.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-1.02.01
Zoning Ordinance Guiding Principles.
The zoning regulations
and districts as herein established have been made in accordance with
an adopted comprehensive plan for the purpose of promoting the health,
safety, morals and general welfare of the city.
90-1.02.02
Zoning Ordinance Intent.
The zoning regulations and
districts have been designed to lessen the congestion in the streets;
to secure safety from fire, panic and other dangers; to ensure adequate
light and air; to prevent the overcrowding of land, to avoid undue
concentration of population; and to facilitate the adequate provision
of transportation, water, wastewater, schools, parks, and other public
requirements.
90-1.02.03
Zoning Ordinance Considerations.
The zoning regulations
and districts have been made with reasonable consideration, among
other things, for the character of the district, and its peculiar
suitability for the particular uses specified; and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the city consistent with the comprehensive
plan. The comprehensive plan has been used as a guide to develop the
regulations within this Zoning Ordinance.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-1.03.01
Zoning Districts Shown on the Zoning District Map.
The
boundaries of zoning districts set out herein are delineated upon
a Zoning District Map of the city, adopted as part of this Ordinance
as fully as if the same were set forth herein in detail.
90-1.03.02
Official Zoning District Map.
(A)
Official Zoning District Map.
(1)
The Official Zoning District Map shall be labeled the "Official Zoning
District Map of the City of Richland Hills, Texas" and shall be maintained
as an electronic file and hard-copy file in the office of the zoning
administrator.
(2)
The "official adoption date" and the "last amended date" shall be
shown on the Official Zoning District Map.
(3)
In case of any question, the above-mentioned electronic file shall
be controlling.
(B)
Maintenance of the Official Zoning District Map.
(1)
The zoning administrator shall be responsible for the care and maintenance
of the Official Zoning District Map.
(2)
The Official Zoning District Map shall be used for reference and
shall be maintained up-to-date by incorporating all subsequent amendments
enacted by official action of the city council.
(3)
The zoning administrator will use all reasonable means to protect
the Official Zoning District Map from damage, and to ensure the accurate
restoration of the map file if damage or destruction of the original
file occurs.
(C)
Changes or amendments reflected on the map.
(1)
Any changes or amendments made to the zoning district boundaries
shall be incorporated into the Zoning District Map file promptly after
the amendment has been approved by the city council.
(2)
The zoning administrator shall maintain a descriptive log of amendments
to the map.
(3)
The zoning administrator will use all reasonable means to ensure
that no changes are made to the Official Zoning District Map without
authorization by official action of the city council.
(D)
Replacement of a damaged, destroyed, or lost Official Zoning District
Map.
(1)
In the event that the Official Zoning District Map file becomes damaged,
destroyed, lost, or difficult to interpret for any reason, the city
council may adopt a new Official Zoning District Map by ordinance
following a public hearing.
(2)
The new Official Zoning District Map shall replace and supersede
any prior Official Zoning District Map.
(3)
As a true replacement map, the new Official Zoning District Map shall
not amend or otherwise change district boundaries or classifications
from the prior Official Zoning District Map.
(E)
Zoning Map reproductions.
Reproductions for informational
purposes may be made of the Official Zoning District Map.
(F)
Zoning Map adoption.
By adoption of this Ordinance,
the Zoning Map shall also be adopted.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-1.04.01
District Boundary Interpretation Rules.
The district
boundary lines shown on the Official Zoning District Map are usually
along streets, alleys, property lines, or extensions thereof. Where
uncertainty exists as to the boundaries of districts as shown on the
Official Zoning District Map, the following rules shall apply:
(A)
Centerlines.
Boundaries indicated as approximately following
the centerline of streets, highways or alleys shall be construed to
follow such centerline.
(B)
Platted lot lines.
Boundaries indicated as approximately
following platted lot lines shall be construed as following such lot
lines.
(C)
City limits.
Boundaries indicated as approximately following
city limits shall be construed as following city limits.
(D)
Railroad lines.
Boundaries indicated as following railroad
lines shall be construed to be midway between the right-of-way lines.
(E)
Shore lines.
Boundaries indicated as following shore
lines shall be construed to follow such shore lines, and in the event
of change in the shore line shall be construed as moving with the
actual shore line; boundaries indicated as approximately following
the centerline of streams, lakes, or other bodies of water shall be
construed to follow such centerline, and in the event of change in
the centerline, shall be construed to move with such centerline.
(G)
Interpretation of zoning district boundaries.
Where physical features existing on the ground are in conflict with those shown on the Official Zoning District Map, or in other circumstances not covered by subsections (A) through (F) above, the board of adjustment shall interpret the district boundaries and require its inclusion on the Official Zoning District Map.
(H)
Vacated public way.
Whenever any street, alley, or other
public way is vacated by official action of the city council or whenever
such area is franchised for building purposes, the vacated area shall
be released to the adjoining properties and the zoning extended to
the centerline. Otherwise, the vacated property shall be rezoned according
to section 6.03 Zoning Text and Map Amendments.
(I)
Boundary as a condition of zoning approval.
The zoning
classification applied to a tract of land adjacent to a street shall
extend to the centerline of the street, unless as a condition of zoning
approval, it is stated that the zoning classification shall not apply
to the street.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-1.05.01
Compliance Required.
(B)
Compliance with zoning district.
The land, buildings, structures or appurtenances described in subsection (A) above shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per section 7.02 Penalty for Violations of this Ordinance.
90-1.05.02
Interpretation.
(A)
Restrictiveness.
Where the regulations imposed herein
are either more restrictive or less restrictive than the development
standards imposed by any other provision of any other applicable law,
ordinance, resolution, rule or regulation of any kind, the regulations
that are more restrictive and impose higher standards are the requirements
that shall govern.
(B)
Cumulative effect.
The provisions of these regulations
are cumulative and additional limitations upon all other laws and
ordinances heretofore passed or that may be passed hereafter governing
any subject matter set forth in the provisions of these regulations.
(C)
Error correction.
In the event that any property or
zoning district set forth on the Zoning District Map as provided in
section 1.03 Zoning District Map of this Ordinance is misnamed, designated
incorrectly, the boundaries are incorrect or the property is omitted,
in part or in whole, the Zoning District Map may be amended and/or
supplemented according to the following:
(1)
Applicants.
The property owner of said tract, the city
council, or the planning and zoning commission may submit an application
to the zoning administrator to initiate the error correction process.
(2)
Process.
The error correction shall be processed as
a zoning map or text amendment according to section 6.03 Zoning Text
and Map Amendments.
(D)
Authority to interpret the zoning ordinance.
(1)
When a question exists to the meaning or interpretation of this Zoning
Ordinance, the zoning administrator shall have the authority to determine
the intent.
(2)
A person aggrieved by the zoning administrator's interpretation may
appeal the interpretation to the board of adjustment pursuant to section
6.11.01. Appeal of an Administrative Decision.
90-1.05.03
Rules of Construction.
The language set forth in these
regulations shall be interpreted in accordance with the following
rules of construction:
(A)
Number.
The singular number includes the plural and
the plural the singular.
(B)
Tense.
The present tense includes the past and future
tenses and the future the present.
(C)
Mandatory and permissive language.
The word "shall"
and "must" are mandatory while the word "may" is permissive.
(D)
Gender terms.
The masculine gender includes the feminine
and neuter.
(E)
Parentheses.
Any word appearing in parentheses directly
after a word herein defined shall be construed in the same sense as
that word.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1296-15, § 2(Exh. A), 8-18-2015]
90-1.06.01
Intent of Provisions.
(A)
Existence of nonconformities.
(1)
The purpose of this section is to establish provisions for the allowance
and potential alteration of uses, lots, and/or structures that do
not conform to currently applicable standards or regulations, but
that were in conformance with standards in place at the time of their
inception, and have been rendered nonconforming due to a change in
the applicable standards and regulations.
(a)
Nonconformities occur in three general categories, or combinations
thereof:
1.
Nonconforming lots as described in subsection 1.06.02.(A)(1) below.
For example, a nonconforming lot can be nonconforming as to lot area
or dimension requirement.
2.
Nonconforming structures as described in subsection 1.06.02.(A)(1)
below. For example, a nonconforming structure can be nonconforming
as to a dimension requirement, masonry requirement, or landscaping
requirement.
3.
Nonconforming uses are uses as described in subsection 1.06.02.(A)(1)
below. For example, a nonconforming use can be the actual use, or
the parking requirement associated with that particular use.
(2)
It is the declared intent of this section that nonconforming uses
and structures eventually be eliminated and be required to comply
with the regulations of the Zoning Ordinance, having due regard for
the property rights of the person affected, the public welfare, and
the character of the surrounding area.
90-1.06.02
Establishment of Legal Nonconforming Status.
(A)
Existence.
For purposes of interpretation of this subsection,
any uses, structures, or lots that in whole or part are not in conformance
with current zoning standards shall be considered as follows:
(1)
Legal nonconforming.
Those uses, structures, or lots
that in whole or part are not in conformance with current zoning standards,
but were legally established at a prior date at which time they were
in conformance with applicable standards. Such uses, structures or
lots may be maintained or potentially altered subject to the provisions
of this subsection.
(2)
Illegal status.
Those uses, structures, or lots that
in whole or part are not in conformance with current zoning standards
and were not in conformance with applicable standards at the time
of their inception shall not be considered legal nonconforming, but
shall be considered illegal uses, structures, or lots and shall not
be approved for any alteration or expansion, and shall undertake necessary
remedial measures to reach conformance with current standards, or
be discontinued.
(B)
Time of adoption.
Any use, platted lot, or structure
that is a lawful use at the time of the adoption of any amendment
to this Ordinance but by such amendment is placed in a district wherein
such use, platted lot, or structure is not otherwise permitted shall
be deemed legal nonconforming.
90-1.06.03
Burden of Demonstration.
The burden of establishing
that any nonconformity is a legal nonconformity as defined in this
subsection shall be borne by the owner or proponent of such nonconformity.
90-1.06.04
Continuing Lawful Use of Property and Existence of Structures.
(A)
Discontinuance of nonconforming use.
(1)
If a nonconforming use shall cease operations for a period of more
than six months, then such nonconforming use shall be deemed to be
permanently discontinued. Unless the board of adjustment reinstates
the nonconforming rights pursuant to section 6.10 Reinstatement of
Nonconforming Rights of this Ordinance, such a use shall not be instituted
on that parcel or other parcel in any district that does not permit
the discontinued use.
(2)
For the purpose of this paragraph, to "cease operations" shall mean
to intentionally terminate operations of the nonconforming use. Any
nonconforming use that does not involve a permanent type of structure
or operation and that is moved from the premises shall be considered
to have been discontinued, regardless of intent.
(B)
Reinstatement of nonconforming use rights.
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to subsection (A) above, may request that the nonconforming rights to the use be reinstated pursuant to section 6.10 Reinstatement of Nonconforming Rights of this Ordinance.
(C)
Prohibited expansion or reoccupation.
A nonconforming
use or structure shall not be expanded, reoccupied with another nonconforming
use, or increased as of the effective date of this Ordinance except
as provided in section 1.06.06. below.
(D)
Existing platted lots are conforming lots.
Any existing
lot platted prior to May 6, 2014, which was legally conforming, shall
be deemed a conforming lot.
90-1.06.05
Changing Uses and Nonconforming Rights.
(A)
Nonconforming use to conforming use.
Any nonconforming
use may be changed to a conforming use, and once such change is made,
the use shall not be changed back to a nonconforming use.
(B)
Nonconforming use to another nonconforming use.
A nonconforming
use may not be changed to another nonconforming use.
(C)
Conforming use in a nonconforming structure.
Where a
conforming use is located in a nonconforming structure, the use may
be changed to another conforming use by the process outlined in section
1.06.06. below.
90-1.06.06
Expansion of Nonconforming Uses and Structures.
An expansion
of a nonconforming use or structure is allowed in accordance with
the following:
(A)
Nonconforming use expansion in existing building.
(1)
A nonconforming use located within a building may be extended throughout
the existing building, provided:
(a)
No structural alteration may be made on or in the building except
those required by law to preserve such building in a structurally
sound condition; and
(b)
The number of dwelling units or rooms in a nonconforming residential
use shall not be increased so as to exceed the number of dwelling
units or rooms existing at the time said use became a nonconforming
use.
(2)
Nonconforming use within a building shall not be extended to occupy
any land outside the building.
(B)
Off-street loading, parking, and landscaping requirements.
Requirements for parking and landscaping for a nonconforming
structure shall be as stated in the supplementary ordinances.
(C)
Residential lot exemption.
The minimum residential lot
areas for the various zoning districts shall be in accordance with
their respective districts, except that a lot having less area than
herein required that was an official "lot of record" prior to May
6, 2014 may be used for a single-family dwelling.
(D)
Nonconforming building expansion with conforming uses.
Buildings or structures that do not conform to the area regulations
or development standards in this Ordinance but where the uses are
deemed conforming shall not increase the gross floor area greater
than ten percent from the date when the building became nonconforming.
The expansion must be conforming.
(E)
Reuse of abandoned or vacant buildings by conforming uses allowed.
Buildings or structures that have been vacant or abandoned for
more than six months and do not meet the current area regulations
or development standards shall be allowed to be reoccupied only by
a conforming use.
90-1.06.07
Restoration of Nonconforming Structures.
(A)
Total destruction.
If a nonconforming structure is destroyed
by fire, the elements, or other cause, it may not be rebuilt except
to conform to the provisions of this Ordinance.
(B)
Partial destruction.
In the case of partial destruction
of a nonconforming structure up to 51 percent of its total appraised
value as determined by the Appraisal District, reconstruction will
be permitted, but the existing square footage or function of the nonconforming
structure cannot be expanded.
90-1.06.09
Completion of Structures.
Nothing herein contained shall
require any change in the plans, construction, or designated use of
the following:
(A)
Approved building.
A building or structure for which
a building permit has been issued or a site plan approved prior to
May 6, 2014.
(B)
Building in the approval process.
A building or structure
for which a complete application for a building permit was accepted
by the building official on or before the effective date of these
regulations, provided however, that such building permit shall comply
with all applicable ordinances in effect on the date such application
was filed.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
