Richland Hills City Zoning Code
ARTICLE 1
General Provisions
§ 1.01 Enacting Clause.
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]
§ 1.02 Purpose.
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]
§ 1.03 Zoning District Map.
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]
§ 1.04 Zoning District Boundaries.
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]
§ 1.05 Compliance Required/Interpretation/Rules of Construction.
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]
§ 1.06 Nonconforming uses, structures and lots.
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 90-1.06.02(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 90-1.06.02(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 90-1.06.02(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 subsection, 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.
(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 subsection 90-1.06.06. 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 subsection 90-1.06.06. 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 in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which they were in conformance with applicable standards may expand the structure in conformance with current area regulations or development standards in this Ordinance by right. If the expansion request furthers the nonconformity, a special exception shall be requested in accordance with section 6.13.01.
(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; Ord. No. 1505-24 adopted 7/8/2024]