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HomeMy WebLinkAboutORD 1998-041 i>�.- ORDINANCE NO. 98-41 `��:� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY THE ADDITION OF A NEW SECTION 28A "HGT" HISTORIC GRAPEVINE TOWNSHIP DISTRICT REGULATIONS; 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, M TEXAS: �-�� Section 1. That Ordinance No., 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being knows as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas is hereby amended by the addition of a new Section 28A "HGT" Historic Grapevine Township District Regulations, to read as shown on the attached Exhibit "A". Section 2. That Ordinance No. 32-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 47 Site Plan Review is hereby amended by the addition of a new subsection C.7 to read as follows: "7. Any permitted, accessory, or conditional uses in the Historic Grapevine Township District." B. That Section 47 Site Plan Review is hereby amended by amending subsections ��"���"' D.1-5 to read as follows: �� "1. Construction of a single family detached dwelling on an existing or platted single family lot, except for single family dwellings in the �.:.a Historic Grapevine Township District. 2. Construction of any permitted accessory use to a single family dwelling on an existing or planned single family lot, except for single family dwellings in the Grapevine Township District. 3. Deposit and contouring of fill on land, provided other regulations of the City of Grapevine are met. 4. Additions to any buildings or use, legally existing at the date of this Ordinance, when such addition does not exceed finro hundred (200) square feet or one-third (1/3) of the gross floor area of the existing building or use, whichever is greater. This exemption does not apply to additions to buildings in the HGT District. 5. Any permitted use of a temporary nature for a period not to exceed one (1) year." C. That Section 60 Sign Standards is hereby amended by amending subsection x B.2.b and B.2.b(3) to read as follows: �,:.t "b. GROUND SIGNS. A sign, except a portable sign, permanently placed upon, or supported by the ground independent of the principal building or structure on the property, the top edge of which sign is no more than six (6) feet above ground level, except ground signs in the HGT District shall be three (3) feet above ground level. All ground signs mu�t conform to the following regulations:" "(3) Maximum gross surface area: Sixty (60) square feet, except signs in the HGT District shall be nine (9) square feet." D. That Section 60 Sign Standards is amended by amending subsections B.2.d(2) and B.2.d(5) to read as follows: "(2) Sign Cabinet. Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Development Services. (5) Sign Face. Flat, clear acrylic sheet or other material approved by the Director of Development Services; all copy and background sprayed ' on second surFace with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon �'°� tubing on solid background." ORD. NO. 98-41 2 E. That Section 60 Sign Standards is hereby amended by amending subsection C.11 to read as follows: "11. Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Development Services or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location." F. That Section 60 Sign Standards is hereby amended by amending subsections E.1.(h) and (i) to read as follows: r. "(h) Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding ;��;:� two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Development Services. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening rriay be displayed for an extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required." "(i) Permission may be granted by the Director of Development Services as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Development Services. A permit shall be required. G. That Section 60 Sign Standards is hereby amended by amending subsections F.1(a)(1) and (2) to read as follows: "F. SIGNS IN R-20, R-12.5, R-7.5, R-5.0, R-3.5, R-3.75, R-MH, R-TH, R-MF-1, � R-MF-2, R-MODH, PRD-6, PRD-12 and HGT DISTRICTS. ORD. NO. 98-41 3 1. FUNCTIONAUSTRUCTURAL TYPES PERMITTED. The following permitted � � functional uses shall be limited to the associated structural types of signs: (a) On-Premise Signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in R-MF-1 and R-MF-2 zoning districts and neighborhood day care centers approved with a special use permit in accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District" Section 3. 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 4. 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 , �ggg. APPROVED: 1Nilliam D. Tate Mayor ATTEST: o Brown "�`� s istant City Secretary ORD. NO. 98-41 4 APPROVED AS TO FORM: . _ , . � John F. Boyle, Jr. , City f�ttorney `� �,,, ,,. �-� ORD. NO. 98-41 5 EXHIBIT � TO � �^ � Page __1__ of Section 28A. HGT Historic Grapevine Township District �, PURPOSE: The HGT Historic Grapevine Township District is established to accommodate limited commercial and residential uses in the historically significant original town of Grapevine area which is bounded approximately by Northwest Highway, Ball Street, Cotton Belt Rail Road, Austin and Wood Street. The Master Plan designates portions of the Original Town of Grapevine as a special planning area to preserve the historical integrity and encourage a mixture of uses that reflect the spirit of the original township. The HGT District acknowledges the changing development trends and needs of this significant area while preserving its' historic character. The limited commercial uses in the Historic Grapevine Township District are intended to allow the mixture of single family residential uses with limitations of compatible non-residential uses permitted as a conditional use. USES GENERALLY: In a HGT Historic Grapevine Township District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses. All permitted uses listed shall be within a completely enclosed building or structure. 1. Single Family Residential. ' �'° �� 2. Churches B. ACCESSORY USES: The following uses shall be permitted as accessory uses in a HGT Historic Grapevine Township District provided that none shall be a source of income to the owner or user of the principal structure. 1. Off-street parking in conjunction with any permitted use in this district. The off-street parking areas shall be separated from said lot by a blind fence or wall at least six (6) feet high. The blind fence requirement may be waived by City Council after receiving a recommendation from the Historic Preservation Commission. 2. Signs advertising uses on the premises, in accordance with Section 60 of this Ordinance. *(Note: changes to Section 60 allow only ground signs)* 3. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 4. Outdoor refuse storage areas shall be landscaped and screened in �.:� 032398 1 Section 28A EXHIBIT � TO a��� y�"�� Page � of `^ - accordance with Section 50.6.3. Outdoor refuse storage areas shall not be located between the front of the building and any right-of-way. �.�-.� 5. Living quarters in conjunction with uses permitted in Section 28A.A.and 28A.C. C. CONDITIONAL USES: The following uses may be permitted provided the building or structures approved with the conditional use permit are (1) historic building, defined by the National Register of Historic Places and/or the Historic Preservation Commission as a "contributing" building or structure to the historic district, or(2) new or rehabilitated building that has been approved by the Historic Preservation Commission as compatible with the historic district. These compatible buildings would not be contributing to the National Register district (because they are not "historic") but they will be visually compatible with the neighborhood, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. Bed and Breakfast facility. 2. Wine tasting facility with alcoholic beverage sales with on-premise and off- premise consumption provided a special permit is issued in accordance with Section 42.B. of the ordinance. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. D. LIMITATION OF USES: 1. All activities of permitted uses except automobile parking lots, shall be conducted entirely within a completely enclosed building. 2. The hours of operation for all uses provided for in Section 28A.C., with the exception of Section 28A.C.1., shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. E. PLAN REQUIREMENTS: No application for a building permit for construction or alteration of a principal or accessory building or exterior alteration to a principal or accessory building shall be approved unless: 1. A Plat meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. �,, ,. 2. A Concept Plan meeting the requirements of Section 45 with a recommendation from the Historic Preservation Commission. The �.,.�.� 032398 2 Section 28A EXHIBIT � TO �� PuyQ �..�. of .� Commission may require additional criteria to ensure the historic integrity of the area. A floor plan indicating the maximum occupancy shall be required �, ,, in conjunction with the concept plan. 3. A Site Plan meeting the requirements of Section 47 has been approved. Such Site Plan shall be approved by the Historic Preservation Commission. The Commission may require additional criteria to ensure the historic integrity of the area. A floor plan indicating the maximum occupancy shall be required in conjunction with the site plan. Building permit requests for alteration to a principal or accessory structure with no addition to the structure, requirements of Section 47.E.1.b.3. (14), (16)- (19) and (21) - (23) shall not be required. 4. A Landscape Plan is required of the required front yard setback, unless already in existence, except for single family residences. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply. 1. LOT SIZE - Subdividing an existing lot into two or more lots is not permitted except for the purpose of correcting the Tarrant Appraisal District maps on tracts that were noted as part of lots or tracts, or tracts that are unplatted. Any lot or tract platted shall be a minimum of seventy five hundred (7500) �` � square feet except that a lot having less than herein required which was an official "lot of record" prior to the adoption of this ordinance may be used for permitted use or conditional use in the HGT District. No lot existing at the time of passage of this ordinance shall be reduced in area below seventy five hundred (7500) square feet. 2. MAXIMUM DISTRICT SIZE - None required. 3. MINIMUM OPEN SPACE -The established front yard as determined by the existing structure or by adjacent development. 4. MAXIMUM BUILDING COVERAGE - None required. 5. MAXIMUM IMPERVIOUS SURFACE - None required. G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH - Every lot shall have a minimum width of twenty (20) feet. 2. LOT DEPTH - None required. �,e:� 032398 3 Section 28A EXHIBIT� TO ��.�� P�gQ �..� of .�_ 3. FRONT YARD - Every lot shall have a front yard setback as established by � ,, the existing building or by the adjacent development and shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines or trees, and no part shall be paved or surfaced except for minimum access, driveways, and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS - Every lot shall have finro (2) side yards each of which shall not be less than six (6)feet in width. For lots which are currently developed, the minimum side yard requirement will be equivalent to the side yard which is already established. 5. REAR YARD - None required. 6. DISTANCE BETWEEN BUILDINGS - None required. H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a HGT District abuts a residential district, a wall, fence, or berm at least six (6) feet in height, shall be erected to effectively screen the HGT District from the � w residential area. The wall, fence or berm requirement may be waived by City Council after receiving a recommendation from the Historic Preservation Commission. 2. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend, and the City Council may require, additional buffering, screening, fencing and landscaping requirements on any zone change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing, or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property, and to further provide protection for the general health, welfare, and morals of the community in general. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. 2. No accessory structure shall be erected or altered to a height exceeding ��.s� 032398 4 Section 28A EXHIBIT__��__ TO ��� ' � Pagt� .`.�,. Of ,..�..�.. fifteen (15) feet. � ;� J. LANDSCAPING REQUIREMENTS: The established front yard as determined by the existing development or by adjacent development shall be landscaped. K. OFF-STREET PARKING AND LOADING: Due to the development nature of the HGT District, it is recognized that conventional off-street parking, loading, and development standards required by Section 56, 57, and 58 of the Appendix D Zoning Ordinance for individual lots may be difficult to provide. Any new uses proposed in the HGT District may present a plan for a parking lot the Planning and Zoning Commission; and the Planning and Zoning Commission may establish different amounts and methods established in off-street parking to be provided for this District. L. MASONRY REQUIREMENTS: None required. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the HGT District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped or screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Driveways in the HGT District for both residential and non-residential uses shall be developed in accordance with the residential drive requirements of Chapter 20, Article III, Sidewalks and Driveways, of the Grapevine Code of Ordinances. ��,� 032398 5 Section 28A