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HomeMy WebLinkAboutORD 1998-033 - ORDINANCE NO. 98-33 ,�r;:;,:; AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS AND CONSTRUCTION, ARTICLE 1, BY THE ADDITION OF A NEW SECTION 7-9 DEMOLITION PERMITS AND ECONOMIC HARDSHIP, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE OR ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction, Article 1, is hereby amended by the addition of a new Section 7-9 Demolition � ° Permits and Economic Hardship to read as shown on the attached Exhibit "A". �� Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed finro thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March , 1998. �::� APPROVED: J �;.-�� William D. Tate Mayor ATTEST: n � � �-�.._ Brown sistant City Secretary APPROVED AS TO FORM: f� . �_:� John F. Boyle, Jr. � City Attorney ORD. NO. 98-33 2 CHAPTER 7. BUILDING AND CONSTRUCTION �, : ARTICLE I. IN GENERAL Sec. 7- 9. Demolition permits and economic hardship. (a) A demolition permit for a structure within a historic zoning overlay district, Historic Grapevine Township District, a building designated as being on the National Register, or a building designated under the Grapevine Historic Landmark designation shall not be issued by the Director of Development Services until review and issuance of a completed certificate of appropriateness by the Historic Preservation Commission required by Section 7, Appendix G of the Grapevine Code of Ordinances. The Director of Development Services shall not forward the application to the commission until it is complete. The following information must be supplied by the applicant before the application is considered complete: Information describing the condition of the structure Estimated cost of restoration or repair � Demonstration that the adaptive use or restoration of the structure has been seriously considered ��..a Any available historic records of the building (drawings, photographs) Architectural drawings for any proposed new construction which is intended to replace the historic structure Any conditions proposed to be voluntarily placed on new development that would mitigate the loss of the landmark structure Any other information that the staff finds appropriate for the commission to render a decision on the application (b) The commission shall hold a public meeting on the application within thirty (30) days of receipt of the completed application. A copy of the decision shall be forwarded to the director of development services and to the application within ten (10) days of the public meeting. (c) An applicant whose demolition CA has been denied may apply for hardship .�..� relief. In order to prove the existence of hardship, the applicant shall have the burden to establish that: � O\TH\CH7ARTI.AMN EXHIBIT�_ j0 -��1� `� Pa9Q � of _ � a�. ,, The property is incapable of earning a reasonable return on the owner's investment The property cannot be adapted for another use that can result in a reasonable return No potential purchaser of the property with a reasonable offer who intends to preserve it can be identified (d) The commission shall hold a public meeting on the hardship application at least sixty (60) days following the original date of application for the demolition permit, at which time proponents and opponents of the application may present their views. The commission may seek expert assistance if the field(s) of real estate development, appraisal, financing and other related disciplines to review the hardship application. (e) The applicant shall consult in good faith with the commission, interested local groups and individuals in a diligent effort to investigate alternatives that will result in preservation of the property. p � (fl All decisions of the commission shall be in writing. Copies shall be sent to the �,:..,, applicant and a copy filed with the city secretary. Secs. 7-10 - 7-19. Reserved O\TH\CH7ARTI.AMN EXHIBIT� T� �� , u�e of