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HomeMy WebLinkAboutORD 1998-048 ORDINANCE NO. 98-48 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS; SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT; SECTION 52 TREE PRESERVATION; SECTION 53 LANDSCAPING REGULATIONS; AND SECTION 60 SIGN STANDARDS; 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; PROVIDING A SEVERABILITY CLAUSE; � DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE �� F BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82-73, 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 26 "HC", Highway Commercial District Regulations, is hereby amended by amending subsection 26.D.3.(a)with the addition of a new (a) 1 and renumbering the remainder of the subsection 2 — 12. "D. LIMITATION OF USES: (a) Principal Uses: � ' 1. Any use permitted in the "PO" Professional Office District" �.r.� B. That Section 28 "CBD", Central Business District is hereby amended by amending subsection 28.0 in its entirety to read as follows: � � "C. CONDITIONAL USE: 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B of this Ordinance. 2. Winery 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. 3. 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. 4. Automotive repair garages, within a completely enclosed building. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screening shall be provided in accordance with . - Section 58 and Section 50. �,.� 5. Studios for the creations of crafts, furniture, and heritage arts which are handmade or handcrafted, that do not exceed 20% of the total floor area of a permitted use listed in Section 28.A." C. That Section 52 Tree Preservation is hereby amended by amending subsection I., second paragraph to read as follows: "A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three (3) inches caliper and seven (7) feet in height when planted, and shall be selected from the list of approved replacement trees maintained by the Director of Development Services as approved by the Planning and Zoning Commission." D. That Section 53 Landscaping Regulations is hereby amended by amending subsection 53.G.2 to read as follows: "2. TREES: Trees referred to in this Section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of `""` fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) feet crown of spread. Trees shall be of a '�'� minimum of three (3) caliper inches when measured six (6) inches above ORD. NO. 98-48 2 K ground, and shall be selected from the list of approved trees, maintained by the Director of Development Services as approved by the Planning and , Zoning Commission." E. That Section 60 Sign Regulations is hereby amended by amending subsection 60.F.1.(a) to read as follows: "(a) On-Premise Signs: For churches, convents and othe� places of worship, parks playgrounds, nature preserves, and for multifamily dwellings in RMF-1 and RMF-2 zoning districts and neighborhood day care centers and Bed and Breakfast Inns 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 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 an sum not to exceed 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. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in � .. this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2�st day of April , 1998. APPROVED: �. ��-,_ r�---�-e � � eF William D. Tate Mayor ORD. NO. 98-48 3 ATTEST: �/�--' J Brown A istant City Secretary APPROVED AS TQ �ORM: . � ..`� ." fi ; t , .^.i`f � f i. .Gs .. J; John F. Boyle, Jr. City Attorney ��.m� �,�.� ORD. NO. 98-48 4