HomeMy WebLinkAboutItem 08 - AM14-04 Zoning Amendments to Section 42MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER .�
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JUNE 17, 2014
SUBJECT: AM14 -04— ZONING ORDINANCE AMENDMENTS TO SECTION
42, SUPPLEMENTARY DISTRICT REGULATIONS
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider the
amendment to Section 42, Supplementary District Regulations relative to the Brewer's
Permit (B permit), and to all appropriate zoning districts relative to accessory structures and
buffer yards, and take any necessary action.
BACKGROUND INFORMATION:
Section 42, Supplementary District regulations:
During the last Texas legislative session (83 Id Legislature) amendments were made to
several chapters of the Texas Alcoholic Beverage Commission Code, including
amendments relative to the Brewer's Permit (B Permit). Specifically the Code was
amended to allow on- premise consumption of the brewer's products on the brewer's
premises. Mr. Gary Humble of Grapevine Craft Brewery asked the Council to consider
making the appropriate ordinance amendments to accommodate the new changes in the
Code and a workshop was held with the Council on May 6, 2014 to discuss the matter.
Section 42, Supplementary District Regulations of the zoning ordinance has been
amended to authorize use of this permit since the on- premise consumption of beer on the
brewer's premise will not be accompanied by any food sales. Similar to wineries and wine
tasting rooms, the Brewer's Permit (B Permit) does not require beer sales to be part of a
restaurant operation. See the attached ordinance and additional information including the
amended TABC section relative to the Brewer's Permit.
Accessory structures and buffer yards in residential districts:
During several work sessions with the Planning and Zoning Commission, a number of
slight inconsistencies have been discussed that exist within the ordinance relative to the
height of accessory structures and their appropriate setback. The R -20 and R -12.5
R:\ AGENDA \2014 \06- 17- 14\AM14- 04.41.doc 6/11/2014 11:21:37 AM
Districts allow for slightly taller accessory structures and accompanying additional setback;
however, this language was inadvertently carried over into the other residential districts
creating the impression that additional height was allowed. This discrepancy has been
corrected. There is also a distinction made between accessory structures and storage
buildings whereby storage buildings are limited in size and height relative to accessory
structures. Since a storage building is in essence an accessory structure, the reference to
storage buildings has been removed from the ordinance to avoid confusion and possible
conflict.
Currently all residential districts require a 40 -foot buffer be established when developed
adjacent to an existing multifamily district or non - residential district. This buffer is required
to adequately provide separation between dissimilar uses and help mitigate any unwanted,
light, sound, odors or other unwanted intrusions. Staff has occasionally been approached
by residential property owners who wish to reduce or eliminate this buffer requirement
which can greatly reduce the buildable area of a residential lot. During an April 8 workshop
the Commission recommended elimination of the 40 foot buffer requirement within the
residential zoning districts given the reduced height, increased building separation, and
landscaped buffer area requirement within the non - residential zoning districts when located
immediately adjacent to residential districts. Direction was given to increase the
landscaped buffer areas in non - residentially zoned districts to 20 feet if not already
established at that distance. Attached are the appropriate changes to those specific
zoning districts.
/rs
R:\AGENDA\2014 \06- 17 -14\AM 14- 04.41.doc
6/11/2014 11:21:37 AM
New TABC state law affecting microbreweries...
(as of September 1, 2013)
0 Microbreweries can sell beer on-premise to
consumers for consumption on the brewery
0
premise.
ONLY beer manufactured on
1-he
brewery's
premise
- no outside brands, no wine,
no
mixed beverages
0 Beer
cannot leave the o.�remlse Tfor re tail. NO
packaged beer (6-packs, etc),
r
retail sales of bee].
growlers or other
Sec. 11.73. AFFIRMATION OF COMPLIANCE. A person who holds a permit under Chapter
19, 20, 21, or 23 may not be subject to an administrative sanction for selling or delivering an alcoholic
beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the permit holder:
(1) reasonably believes that the retailer is authorized to purchase and receive that
type of alcoholic beverage; and
(2) obtains from the retailer at the time of delivery a written affirmation, which may
be printed or stamped on a sales invoice evidencing the sale or delivery of alcoholic beverages by the
permit holder, that the retailer is authorized to purchase and receive the type of alcoholic beverage sold
and delivered by the permit holder.
CHAPTER 12. BREWER'S PERMIT (B)
See. 12.01. AUTHORIZED ACT IES. (a) The holder of a brewer's permit may:
(1) manufacture, bottle, package, and label malt liquor,
(2) import ale and malt liquor acquired from a holder of a nonresident brewer's permit;
(3) sell the ale and malt liquor only to wholesale permit holders in this state or to
qualified persons outside the state;
(4) dispense ale and malt liquor for consumption on the premises; [and]
(5) conduct samplings of ale or malt liquor, including tastings, at a retailer's premises;
and
(6) enter into an alternating brewery proprietorship or contract brewing arrangement as
provided by Section 12.06.
(b) An agent or employee of the holder of a brewer's permit may open, touch, or pour ale or
malt liquor, make a presentation, or answer questions at a sampling event.
Sec. 12.02. FEE. The annual state fee for a brewer's permit is $1,500.
Sec. 12.03. ALE OR MALT LIQUOR FOR EXPORT. Regardless of any other provision of
this code, a holder of a brewer's permit may manufacture and package malt beverages, or import them
from outside the state, for shipment out of the state, even though the alcohol content, containers,
packages, or labels make the beverages illegal to sell within the state. The permittee may export the
beverages out of the state or deliver them at his premises for shipment out of the state without being liable
for any state tax on beer, ale, or malt liquor sold for resale in the state.
Sec. 12.04. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.
The right of a brewer's permittee to continue operation after a prohibitory local option election is covered
by Section 251.75 of this code.
'kLES ,
pFeduefieii ef ale in this state I---- Hot exeeed, tegetheF with the fmokial pr-eduetieft of beeF
of a manufaetaFe4s lieense neting under- the authority of Seetion 62-12 of this eade at the so
total of 9 J
genefal }
J
Rpply to -a
sale FAade by the hoideF OCR b
NOTE: Section 12.05 repealed by Senate Bill 516, 83`d Legislature, Regular Session, 2013, effective June
14, 2013.
does not exceed a total of 225,000 barrels may sell ale produced on the brewer'; premises under the
Texas Alcoholic Beverage Code (2013) 39
permit to ultimate consumers on the brewer's premises for responsible consumption on the brewer's
premises.
(b) The total combined sales of ale to ultimate consumers under this section. together with the Sales of
premises. may not exceed 5.000 barrels annually.
Sec. 12.06. USE OF FACiI LrMS. (a) The holder of
state] may contract with the holder of a brewer's permit_
(I) to provide brewing services: or
JD for the use of the permit holder's brewing facilities Under an alternating brewery
proprietorship if each party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and Brewer's Bond as required by
the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treason;,, and
B if applicable, has posted with the commission a bond in an amount
determined by the commission under Subsection (e) or (f) [ ].
(b) M entity [ _ '
bFeM'eF!S PeFfRit OF -Vas legally sold ] is not required to own its brewing facilities
if the entity operates under an alternating brewery proprietorship as provided by Subsection (a).
(c) Each entity that is a party to an alternating breweDL proprietorship or contract brewing
arrangement must hold a permit at the location where brewing Services are conducted under the
arrangement [ '
single
the PFOFR:---' A,ith aii entity OF stteeessar- to an entity dw en May 1. 2005, held 0 r.
in
holdeils ].
(d) This section does not authorize a person acting as an agent for a brewery located outside
of this state to contract with the holder of a brewer's permit to brew ale or malt liquor on the person's
behalf. A contract described by this subsection may only be entered into by the holder of a brewer's
permit and another person holding a permit under this code.
(e) Subject to Subsection (f), the commission by rule may require an entity that is a par , to an
alternating brewery proprietorship or contract brewing arrangement to post with the commission a bond in
an amount determined by the commission not to exceed $200,000.
(f) An entity that is a party to an alternating brewers• proprietorship or contract brewjng
arrangement must post with the commission a bond in an amount determined by the commission of not
less than $30,000 if the entity does not own a fee interest in a brew•jngfacility.
� M � . ' . � i' . 1. •',
Sec. 12A.01. ELIGIBILITY FOR PERMIT. A brewer's self- distribution permit may be issued
only to the holder of a brewer's permit under Chapter 12 or the holder of a nonresident brewer's permit
under Chapter 13.
See. 12A.02. AUTHORIZED ACTIVITIES. (a) A holder of a brewer's self-- distribution
permit whose annual production of ale under the brewer's or nonresident brewer's permit together with
the annual production of beer by the holder of a manufacturees or nonresident manufacturer's license at
the same premises, does not exceed 125,000 barrels may sell ale produced under the brewer's or
nonresident brewer's permit to those persons to whom the holder of a general class B wholesaler's permit
may sell ale under Section 20,01(3).
(b) The total combined sales of ale under this section, together with tine sales of beer by the
holder of a manufacturer's self - distribution license under Section 62A.02 at the same premises may not
exceed 40,000 barrels annually.
Texas Alcoholic Beverage Code (2013) 40
(c) With regard to a sale under this section. the holder of a brewer's self- distribution permit has
the same authority and is subject to the same requirements that apply to a sale made by the holder of a
general class B wholesaler's permit.
(d) Ale sold under this section may be shipped only from a brewery in this state.
See. 12A.03. FEE. The annual state fee for a brewer's self - distribution permit is $250.
Sec. 12A.04. REPORT OF SALES TO RETAILERS. (a) Not later than the 15th day of each
month, the holder of a brewer's self- distribution permit shall file a report with the commission that
contains information relating to the sales made by the permit holder to a retailer during the preceding
calendar- month.
(b) The commission shall by rule determine the information that is required to be reported under
this section and the manner in which the report must be submitted to the commission. The commission
may require the report to contain the same information reported to the comptroller under Section 151.462.
Tax Code.
tr t
Sec. 13.01. PERMIT REQUIRED. A nonresident brewer's permit is required for any brewer
located outside the state before his ale or malt liquor may be imported into Texas or offered for sale in
Texas.
Sec. 13.02. FEE. The annual state fee for a nonresident brewer's permit is $1,500.
Sec. 13.03. NONRESIDENT SELLER'S PERMIT REQUIRED. The holder of a
nonresident brewer's permit is also required to hold a nonresident seller's permit.
See. 13.04. USE OF FACILITIES. (a) The holder of [An entity ei- sueeessei, to an etitity that on
Nilfty -1, 2005, held) a brewer's or nonresident brewer's permit [
sue] may contract with the holder of a nonresident brewer's permit:
(1) to provide brewing services: or
(Q for the use of the permit holder's brewing facilities under an alternating brew
proprietorship if each arty to the proprietorship:
(A) has filed the appropriate Brewer's Notice and Brewer`s Bond as required by
the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission a bond in an amount
determined by the commission tinder Subsection (e) or (f) [ ].
(b) An entity [ ,
br,e,A,e0s pefrAit ei- whose br-andwas legally sold - A.:,
) is not required to own its brewing facilities
if the entity operates under an alternating brE very proprietorship as provided by Subsection (a).
(c) Each entity that is a party to an alternating brewed, proprietorship or contract brewing
arrangement must hold a permit at the location where brewing services are conducted under the
arran eg ment [ may
hFewees OF neswesident br-ewej's eniiit ei- whese Wand was legaNy sold :- 'his state fer- the-fl�.th-
PeFFAit e brewing ) `
(d) This section does not authorize a person acting as an agent for a brewery located outside
of this state to contract with the holder of a nonresident brewer's permit to brew ale or malt liquor on the
person's behalf. A contract described by this subsection may only be entered into by the holder of a
nonresident brewer's permit and another person holding a permit under this code.
(e) Subiect to Subsection (6, the commission by rule may require an entity that is a Pam, to an
alternating; brewery proprietorship or contract brewing arrangement to post with the commission a bond in
an amount determined by the commission not to exceed $200,000.
Texas Alcoholic Beverage Code (2013) 41
DRAFT COPY 061714
site nor shall it create a burden on surrounding properties or encourage
parking within the right -of -way. Approval for use of required parking areas
shall be at the discretion of the Development Services Director.
(f) An appropriate permit from the Health Department shall be required for any
food sales.
Notwithstanding any other provision of this Ordinance the storage, possession, sale,
serving, or consumption of alcoholic beverages, except for the consumption of the
occupants or owners of the premises and their guests at no charge, when permitted
by the laws of the State of Texas, shall be regulated and governed by the following
use regulations and requirements:
DEFINITIONS: For the purpose of this Ordinance, the following words and phrases
shall have the meanings ascribed to them as follows:
(a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more
than one -half of one percent of alcohol by volume, which is capable of use
for beverage purposes, either alone or when diluted.
(b) RESTAURANT shall mean a restaurant or eating establishment whose gross
sales in Grapevine from food on an annual basis at the location represent at
least fifty (50) percent of total sales with a Conditional Use as set out in
Section 48.
2. The storage, possession, sale or serving of alcoholic beverages by any party for
either on- premise or off - premise consumption, shall be illegal unless on property
zoned specifically for that purpose as a Conditional Use in accordance with and
pursuant to Section 48 of this Ordinance.
3. With the exception of wineries: and wine tasting rooms and breweries, no party
shall sell or serve alcoholic beverages for on- premise consumption as the holder of
a duly issued Texas Alcohol Beverage Commission permit allowing on- premise
consumption except in a restaurant or on the premises of an entity whose principal
business is transporting of the general public and is operating pursuant to a
certificate of public convenience and necessity issued by a federal or state
regulatory body with a Conditional Use Permit in accordance with and pursuant to
Section 48.
4. The party or entity operating a restaurant or private club that permits the sale of
alcoholic beverages for on- premise consumption shall on an annual basis, no later
than the thirtieth day of the month following each twelve (12) months of operation,
3
121713 Section 42
0 - 0.
file with the City Secretary an affidavit, on an officially approved form provided by
the City Secretary, that reflects gross sales for the preceding twelve (12) months
breaking down the sales of food, alcoholic beverages and other items. The party
shall also file on an annual basis; at the same time the affidavit is filed, a copy of the
filing supplied to the State of Texas for sales tax and alcoholic beverage tax
purposes.
5. The holder of a permit which allows for the sale of beer and /or wine only, shall not
be permitted to offer any alcoholic beverage other than beer and /or wine on the
subject property through any method, including but not limited to, catering.
6. Any party or entity within the "GV" Grapevine Vintage District or "CBD" Central
Business District holding a State of Texas Alcohol Beverage Commission permit
allowing for the off - premise consumption of wine shall be required to offer for sale,
on the premises, wine by the bottle or case for purchase.
7. A Certificate of Occupancy shall be issued by the City's Building Inspection
Department at such time as the party complies with all aspects of this Zoning
Ordinance and all other applicable Ordinances. No Certificate of Occupancy may
be assigned or transferred and same is valid only as to the recipient. No party may
operate a restaurant or private club that is zoned pursuant to Section 42.13 and 49 of
this Ordinance without a valid and current Certificate of Occupancy.
8. (a) The City's Building Official, upon receipt of information from the City
Secretary that the holder of a Certificate of Occupancy under Section 42.13 of
this Ordinance has failed to comply with one or more of the requirements,
may cancel and terminate the party's Certificate of Occupancy by giving the
party written notice that specifies the violation..
The notice requirement from the City shall be satisfied by placing said notice
in the United States mail addressed to the last address provided in the City
by the entity or party that holds a Certificate of Occupancy. The notice from
the City shall state that the Certificate of Occupancy shall be canceled unless
the party or entity corrects the violation within thirty (30) days of receipt of the
notice except as hereinafter set out. However, a party or entity that submits
an annual report pursuant to Section 42.13.4. that does not satisfy the fifty
(50) percent requirement relating to food sales shall have the alternative of
filing monthly reports for a period of six (6) months. The monthly reports
shall contain the same information and be in the same form as the annual
reports except that said monthly reports shall reflect an accumulation of total
sales for the preceding twelve -month period reflected in the annual report
added to the monthly sales.
(b) The party or entity submitting the monthly reports shall be deemed to have
4
121713 Section 42
DRAFT COPY 061714
satisfied the Section 42.13. requirements if the monthly reports on or before
the final sixth month reports filing show total sales from food to be at least
fifty (50) percent of total sales.
(c) Failure to file the monthly reports or failure to satisfy the food sales
requirements by the end of the six -month period shall result in cancellation of
the certificate of occupancy without the necessity of further notice.
An accessory building not exceeding one story in height may occupy not more than
sixty (60) percent of a minimum required rear yard.
2. An accessory building exceeding one story or more in height may occupy not more
than forty (40) percent of a minimum required rear yard.
3. An accessory building attached to the main building shall be made structurally a part
and have a common wall with the main building and shall comply in all respects with
the requirements of this Ordinance applicable to the main building. Unless so
attached, an accessory building in a residential district shall be located on the rear
one -half of the lot and at least ten (10) feet from any dwelling or building existing or
under construction on the same lot or any adjacent lot. In all residential districts, a
building or structure attached to the principal building or structure by only a
breezeway having a maximum width of six (6) feet shall be considered as being a
detached accessory building or structure. No accessory building shall be located
nearer than three (3) feet to any side or rear lot line. In the case of a corner lot, no
accessory building shall be located within any side yard required on the street side.
A garage, detached from the main building, may be located no nearer than six (6)
feet to any rear lot line and shall be subject to the same side yard requirements as
the principal structure.
4. No swimming pool shall be located nearer than six (6) feet to any rear lot line and
shall be subject to the same side yard requirements as the principal structure.
Below ground swimming pools may be located no nearer than six (6) feet to the side
lot line adjacent to the street. On corner lots that require a side yard to be the same
as required for the front yard, pools shall be located no nearer than fifteen (15) feet
to the side lot line adjacent to the street. Swimming pools may be located nearer
than ten (10) feet from any dwelling or building existing as long as the excavation of
the swimming pool does not in any way harm or endanger the existing building or
dwelling.
D. CORNER LOTS: On corner lots, the side yard on the street side shall be the same as
required for the front, except on corner lots adjacent to a segment of a side street upon
which no property fronts, said segment being defined as that portion of a street between
5
121713 Section 42
DRAFT Section 13 R-20 Single-Family District Regulations
052014
3. Width of side yard on each side, feet - 15
4. Width of lot, feet - 100, except reverse frontage lots shall be a minimum of
130 feet in width.
5. Depth of lot, feet - 100
6. Distance between buildings: The minimum distance between principal or
accessory buildings on adjacent lots shall be not less than thirty (30) feet.
7. Only one single-family detached dwelling shall be permitted on each lot or lot
of record as the case may be.
IMMEPWA !0J!ffAM',* 'IMBLILOM
,__
AMIJUIAMM".". M 4 N as
twwar-Avr.
eg _-MUROWA Nit IMMM!PJAI
NOTMEW.
MM
AT_'I
MIMME,
UMMICT.M.-I.K.417
=22LMIM
... . .............. MMITZW
WWF7__T-I"T=I
.
N.
-7
......... .
101
The following maximum height regulations shall be observed.
Height of principal structure, two (2) stories not to exceed thirty-five (35) feet.
2. Height of accessory structure, one and one-half (1 -1 /2) stories not to exceed
twenty (20) feet, eXGept a storage building one hundFed tWeRty (120) square
feet GF less shall not eXGeed teR (IQ) feet in height.
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off-Street parking shall be provided in accordance with the provisions of
Section 56 and 58 of this Ordinance and other applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
072010 5 Section 13
DRAFT Section R-12.5 •
052014
H. RESERVED BUFFER AREA REGULATIONS-7
The following maximum height regulations shall be observed.
1. Height of principal structure, two (2) stories not to exceed thirty -five (35) feet.
2. Height of accessory structure, one and one -half (1 -1/2) stories not to exceed
twenty (20) feet, eXGept a storage building WhiGh Shall -0t eX-Geed ten (10)
feet in height
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Sections 56 and 58 of this Ordinance and other applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
consecutive 24 -hour days. For example, vehicle could be parked in front
yard on Friday evening at 10:00 p.m. and all day for the next two (2)
6
072010 Section 14
MACKTIMMITIT
-1
NO=
ffi
N A (. r
' ONMY.M."M
MAAAAUgm
•
_�
_
The following maximum height regulations shall be observed.
1. Height of principal structure, two (2) stories not to exceed thirty -five (35) feet.
2. Height of accessory structure, one and one -half (1 -1/2) stories not to exceed
twenty (20) feet, eXGept a storage building WhiGh Shall -0t eX-Geed ten (10)
feet in height
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Sections 56 and 58 of this Ordinance and other applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
consecutive 24 -hour days. For example, vehicle could be parked in front
yard on Friday evening at 10:00 p.m. and all day for the next two (2)
6
072010 Section 14
3. Private swimming pools.
4. Accessory buildings.
5. Signs subject to the provisions of Section 60.
6. Customary home occupation.
7. Communication equipment meeting the requirements of Chapter 7, Article XII
of the Grapevine code of Ordinance.
8. Sale of merchandise or goods, including but not limited to garage sales and
yard sales, shall be limited to a maximum of once per quarter, for a period
not to exceed three (3) continuous days. For the purpose of this paragraph,
the month of January shall constitute the first month of the first quarter.
With the exception of Item 8, When any of the foregoing permitted accessory uses
are detached from the principal single - family dwelling, said uses shall be located not
less than forty -five (45) feet from the front lot line and shall meet the requirements of
Section 42.C.,D.,E.,F., and G.
C. CONDITIONAL USES:
The following conditional uses may be permitted provided they meet the provisions
of Section 48, and a conditional use permit is issued.
1. Public and non profit institutions of an educational, religious or cultural type
excluding correctional institutions.
2. Non profit community centers and swimming pools and tennis courts.
3. Public and private country clubs and golf courses excluding miniature golf
072010 2 Section 15
DRAFT COPY Section 15. -7.5 Single - Family District Regulations
052014
principal or accessory buildings on adjacent lots shall be not less than twelve
(12) feet.
7. Only one single - family detached dwelling shall be permitted on each lot or lot
of record, as the case may be.
- - - -
.;;
,
s1T
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed:
Height of principal structure, two (2) stories not to exceed thirty -five (35) feet.
2. Height of accessory structure, one (1) story not to exceed sixteen (16) feet,
eXGept a storage building WhiGh shall not ex-Geed ten (10) feet in height.
J. OFF - STREET PARKING:
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off- street parking shall be provided in accordance with the provisions of
Sections 56 and 58 of this Ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
072010 5 Section 15
DRAFT - • 1 - • Regulations
1
H. RESERVED BUFFER AREA REGULATIONS:
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed:
Height of principal structure, two (2) stories not to exceed thirty -five (35) feet.
2. Height of accessory structure, one (1) story not to exceed sixteen (16) feet,
eXGept a storage building whiGh shall nGt eXGeed ten (10) feet in height.
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Sections 56 and 58 of this Ordinance and other applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
consecutive 24 -hour days. For example, vehicle could be parked in front
yard on Friday evening at 10:00 p.m. and all day for the next two (2)
days, Saturday and Sunday, with the authorized parking time ending at
12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or
072010 7 Section 16
WA !POJ A
I
-
•• - - -
-
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed:
Height of principal structure, two (2) stories not to exceed thirty -five (35) feet.
2. Height of accessory structure, one (1) story not to exceed sixteen (16) feet,
eXGept a storage building whiGh shall nGt eXGeed ten (10) feet in height.
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Sections 56 and 58 of this Ordinance and other applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
consecutive 24 -hour days. For example, vehicle could be parked in front
yard on Friday evening at 10:00 p.m. and all day for the next two (2)
days, Saturday and Sunday, with the authorized parking time ending at
12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or
072010 7 Section 16
DRAFT Section 17. R -3.5 Two - Family District Regulations
052014
H. RESERVED BUFFER AREA RE('_`1 ii ATION .
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed.
The Height of a principal structure shall be two (2) stories not to
exceed thirty -five (35) feet.
2. The maxims rn Height of an accessory structure shall be one (1) story not to
exceed fifteen twenty (20 15) feet.
J. OFF - STREET PARKING:
Provisions of the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located in a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Section 56 and 58 of this ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
072010 6 Section 17
Me.
Me
wo
-I I I - -
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed.
The Height of a principal structure shall be two (2) stories not to
exceed thirty -five (35) feet.
2. The maxims rn Height of an accessory structure shall be one (1) story not to
exceed fifteen twenty (20 15) feet.
J. OFF - STREET PARKING:
Provisions of the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located in a required
front yard. Off - street parking shall be provided in accordance with the provisions of
Section 56 and 58 of this ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24 -hour days, or any part of three (3)
072010 6 Section 17
-,T Section 18. • and Four-Family District Regulations
052014
l R
I. HEIGHT REGULATIONS: The following maximum height regulations shall be
observed:
The maximum height of principal structure shall be two (2) stories not to
exceed twenty -five (25) feet. Whenever a triplex or fourplex structure is
erected contiguous to an existing single - family dwelling, the number of
stories and height of the triplex or fourplex structure shall not exceed the
number of stories and height of the contiguous single - family dwelling. In no
instance shall the height of a triplex or fourplex structure exceed two (2)
stories or twenty -five (25) feet.
2. The maximum height of an accessory structure shall be one (1) story not to
exceed fifteen (15) feet.
J. OFF - STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that such shall
not be located in a required front yard. Off- street parking shall be provided in
accordance with the provisions of Sections 56 and 58 of this Ordinance and other
applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
0
Section 18
I. HEIGHT REGULATIONS: The following maximum height regulations shall be
observed:
The maximum height of principal structure shall be two (2) stories not to
exceed twenty -five (25) feet. Whenever a triplex or fourplex structure is
erected contiguous to an existing single - family dwelling, the number of
stories and height of the triplex or fourplex structure shall not exceed the
number of stories and height of the contiguous single - family dwelling. In no
instance shall the height of a triplex or fourplex structure exceed two (2)
stories or twenty -five (25) feet.
2. The maximum height of an accessory structure shall be one (1) story not to
exceed fifteen (15) feet.
J. OFF - STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that such shall
not be located in a required front yard. Off- street parking shall be provided in
accordance with the provisions of Sections 56 and 58 of this Ordinance and other
applicable Ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
0
Section 18
D,TAFT Section 19, R-MH. Manufactured Home District Regulations
052014
C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be
permitted as an accessory use to any principal permitted use provided that such
shall not be located on a required front yard. Off-street parking shall be provided in
accordance with the provisions of this Ordinance and other applicable Ordinances
of the City.
• AREA REGULATIONS: The following minimum standards shall be required.
Depth of front setback, feet .................................................... 30
2. Depth of rear setback, feet .......................... .............................25
3. Width of side yard, feet .............................................................. 15
4. MANUFACTURED HOME: Only one single-family manufactured
home shall be permitted on each lot or lot of record or each plot within
a manufactured home subdivision. Each lot of record within a
manufactured home subdivision shall contain a minimum of, square
feet..................................................................................... 5000
5. Minimum square footage per dwelling unit, square feet ................600
E. HEIGHT REGULATIONS: The following height regulations shall be observed:
1. PRINCIPAL STRUCTURE: 1 story not to exceed 15 feet.
2. ACCESSORY STRUCTURE: 1 story not to exceed 15 feet, exGept-st�
buildings WhiGh shall not eXGeed 10 feet in height.
F. OTHER REQUIREMENTS: All underpinning shall be of brick, stone, or other
masonry or material of equal characteristics or comparable and matching material to
exterior siding of the manufactured home with the necessary vents, screens, and/or
openings, and shall be installed within forty (40) days after emplacement of the
manufactured home.
No Storage boxes or any other containers to be picked up or dropped off by
curbside self-storage services, moving services and other similar services
2
Section 19
Section Townhouse
052014
HEIGHT REGULATIONS: The following maximum height regulations shall
be observed:
The maximum height of the principal structures shall be two (2) stores
not to exceed thirty -five (35) feet. Whenever a townhouse structure is
erected contiguous to an existing single family dwelling, the number of
stories and height of the townhouse structure shall not exceed the
number of stories and height of the contiguous single family dwelling.
In no instance shall the height of a townhouse structure exceed two
(2) stories or thirty -five (35) feet.
2. The maximum height of an accessory structure shall be one (1) story
not exceed fifteen (15) feet.
3. The maximum height of a stolage building used for rnainteRaRGe of
J. OFF - STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that
such shall not be located on a required front yard or side yard. Off - street
parking areas shall be landscaped in accordance with Section 53. Off - street
parking shall be provided in accordance with the provisions of Sections 56
and 58 of this Ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, boats,
towed trailers and the like, is prohibited in the required front yard, and the
side yards of reverse frontage lots. Whenever such parking facilities are
071911 Section 20
7
--
- -
- .
_
HEIGHT REGULATIONS: The following maximum height regulations shall
be observed:
The maximum height of the principal structures shall be two (2) stores
not to exceed thirty -five (35) feet. Whenever a townhouse structure is
erected contiguous to an existing single family dwelling, the number of
stories and height of the townhouse structure shall not exceed the
number of stories and height of the contiguous single family dwelling.
In no instance shall the height of a townhouse structure exceed two
(2) stories or thirty -five (35) feet.
2. The maximum height of an accessory structure shall be one (1) story
not exceed fifteen (15) feet.
3. The maximum height of a stolage building used for rnainteRaRGe of
J. OFF - STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that
such shall not be located on a required front yard or side yard. Off - street
parking areas shall be landscaped in accordance with Section 53. Off - street
parking shall be provided in accordance with the provisions of Sections 56
and 58 of this Ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, boats,
towed trailers and the like, is prohibited in the required front yard, and the
side yards of reverse frontage lots. Whenever such parking facilities are
071911 Section 20
7
1RAFT COPY SECTION 22, "R-MF" MULTIFAMILY DISTRICT 052014
main and accessory buildings and structures, and paved parking and
driveway areas shall not exceed seventy-five (75) percent of the total
lot area.
6. MINIMUM FLOOR AREA: Every dwelling hereafter erected,
constructed, reconstructed or altered in the R-MF District shall have a
minimum square feet of floor area, excluding common corridors,
basements, open and screened porches or decks, and garages as
follows:
a. Efficiency unit, square feet - 600
b. One bedroom unit, square feet - 750
C. Two bedroom unit, square feet - 900
d. Three bedroom unit, square feet - 1,000
e. Units containing a minimum of six hundred (600) square feet to
seven hundred fifty (750) square feet shall not exceed fifteen
(15) percent of the total number of units in the development.
G. AREA REGULATIONS: The following minimum standards shall be required.
Day care centers and assisted living facilities permitted as a conditional use
shall meet the requirements of Section 22.N.2.
Depth of front yard, feet - 40
2. Depth of rear yard, feet - 30
3. Width of side yard, each side - 20
4. Width of lot, feet - 200
5. Depth of lot, feet - 200
032012 5 Section 22
DRAFT COPY SECTION "R-MF" MULTIFAMILY DISTRICT 05201M
appropriate landscape improvement, fencing, berms or trees to adequately
buffer adjoining uses.
I. HEIGHT REGULATIONS: The following maximum height regulations shall
be observed:
1. The maximum height of the principal structure shall be two (2) stories
not to exceed thirty -five (35) feet. Whenever a multifamily structure is
erected contiguous to an existing single - family dwelling, the number of
stories and height of the multifamily structure shall not exceed the
number of stories and height of the contiguous single - family dwelling.
In no instance shall the height of a multifamily structure exceed two
(2) stories or thirty -five (35) feet.
2. The maximum height of an accessory structures shall be one (1) story
not to exceed fifteen (15) feet.
3. The maximum height of a storage building used for maintenance or
mechanical equipment shall be one (1) story not to exceed ten (10)
feet.
J. OFF - STREET PARKING: Off - street parking shall be provided in accordance
with the provisions of Section 56 and 58 of this Ordinance and other
applicable ordinances of the City. No off - street parking shall be located
closer than (10) feet to any adjacent property line. No off - street parking shall
be allowed in the front yard however, with an appropriate landscaped berm,
the front yard setback relative to parking may be reduced to no less than 15-
feet. Such berm shall be a minimum of four feet in height of combined
berming and landscape plantings. It is preferred that berms undulate and
vary in height and width for a more natural appearance. Similarly while
plantings shall extend the length of the front yard it is preferred that they vary
in distance from the property line and complement the berming as opposed
to being planted in a straight line. Though the front yard setback may be
reduced relative to parking, the building setback shall remain at 40 -feet.
K. OFF - STREET LOADING: No off - street loading is required in the R -MF
District for residential uses. Off - street loading for conditional uses may be
required as determined by the Planning Commission.
L. LANDSCAPING REQUIREMENTS: Landscaping shall be required in
accordance with Section 53 of this Ordinance.
M. DESIGN REQUIREMENTS: The following minimum design requirements
032012 6 Section 22
DRAFT SECTION 27 PROFESSIONAL OFFICE
052014
20, R-12.5, or R-7.5 District shall not exceed one (1) floor level and twenty
(20) feet in height, however an increase up to five (5) feet to the above stated
height requirements may be granted upon approval of a conditional use
permit by the City Council.
2. No accessory structure shall be erected or altered to a height exceeding
fifteen (15) feet.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this ordinance. Planned Professional Office Centers permitted as
conditional use shall meet the requirements of Sections 27.N.3.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Section 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provisions of Section 57 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the P-
0 District:
1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse
disposal areas shall be landscaped and 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. Whenever a P-0 District is adjacent to any residentially zoned district, a
buffer strip, at least twenty (20) tea-k40-)-feet in width shall be provided
between the two (2) districts. A wall, fence or berm shall be erected to
effectively screen the P-0 District from the residential area.
5. The masonry requirements of Section 54 shall be met.
6. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING.
The Planning and Zoning Commission may recommend and the City Council
062111 5 Section 27
ORDINANCE NO. f%Mly 6,1
AN ORDINANCE OF THE CITY COUNCIL 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, BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BYAMENDING SECTION 13 "R -20"
SINGLE FAMILY DISTRICT REGULATIONS, SECTION 14 "R-
12.5" SINGLE FAMILY DISTRICT REGULATIONS; SECTION
15 "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS;
SECTION 16 "R -5.0" ZERO LOT LINE DISTRICT
REGULATIONS; SECTION 17 "R -3.5" TWO FAMILY
DISTRICT REGULATIONS; SECTION 18 "R- 3.75" THREE
AND FOUR FAMILY DISTRICT REGULATIONS; SECTION 19
"R -MH" MANUFACTURED HOME DISTRICT REGULATIONS;
SECTION 20 "R -TH" TOWNHOUSE DISTRICT
REGULATIONS; SECTION 22 "R -MF" MULTIFAMILY
DISTRICT REGULATIONS; SECTION 27 "P -O"
PROFESSIONAL OFFICE DISTRICT REGULATIONS;
SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
GRAPEVINE, NOW, THEREFORE, BE IT ORDAINED BYTHE CITYCOUNCILOF THE CITYOJ
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 City Code is
hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 13 "R -20" Single Family District Regulations is hereby amended
by amending subsection H. to read as follows:
B. That Section 13 "R -20" Single Family District Regulations is hereby amended
by amending subsection 1.2. to read as follows:
"2. Height of accessory structure, one and one -half (1 -1/2) stories not to
exceed twenty (20) feet."
C. That Section 14 "R- 12.5" Single Family District Regulations is hereby
amended by amending subsection H. to read as follows:
D. That Section 14 "R- 12.5" Single Family District Regulations is hereby
amended by amending subsection 1.2. to read as follows:
12. Height of accessory structure, one and one -half (1 -1/2) stories not to
exceed twenty (20) feet."
E. That Section 15 "R -7.5" Single Family District Regulations is hereby
amended by amending subsection B. to read as follows:
"B. ACCESSORY USES:
The following uses shall be permitted as accessory uses to a single -
family detached dwelling provided that none shall be a source of
income to the owner or user of the principal single - family dwellings,
except for customary home occupation:
1. Off - street parking and private garages in connection with any
use permitted in this district.
2. Cabana, pavilion, or roofed area.
3. Private swimming pools.
4. Accessory buildings.
5. Signs subject to the provisions of Section 60.
6. Customary home occupation.
7. Communication equipment meeting the requirements
of Chapter 7, Article XII of the Grapevine code of Ordinance.
8. Sale of merchandise or goods, including but not limited to
garage sales and yard sales, shall be limited to a maximum of
once per quarter, for a period not to exceed three (3)
continuous days. For the purpose of this paragraph, the month
of January shall constitute the first month of the first quarter.
ORD. NO. 2
With the exception of Item 8, when any of the foregoing
permitted accessory uses are detached from the principal
single - family dwelling, said uses shall be located not less than
forty -five (45) feet from the front lot line and shall meet the
requirements of Section 42.C.,D.,E.,F., and G."
F. That Section 15 "R -7.5" Single Family District Regulations is hereby
amended by amending subsection H. to read as follows:
s
G. That Section 15 "R -7.5" Single Family District Regulations is hereby
amended by amending subsection 1.2. to read as follows:
112. Height of accessory structure, one (1) story not to exceed sixteen (16)
feet."
H. That Section 16 "R -5.0" Zero Lot Line District Regulations is hereby
amended by amending subsection H. to read as follows:
That Section 16 "R -5.0" Zero Lot Line District Regulations is hereby
amended by amending subsection 1.2. to read as follows:
42. Height of accessory structure, one (1) story not to exceed sixteen (16)
feet."
J. That Section 17 "R -3.5" Two Family District Regulations is hereby amended
by amending subsection H. to read as follows:
K. That Section 17 "R -3.5" Two Family District Regulations is hereby amended
by amending subsection I. to read as follows:
"I. HEIGHT REGULATIONS:
The following maximum height regulations shall be observed.
1. Height of a principal structure shall be two (2) stories not to
exceed thirty -five (35) feet.
2. Height of accessory structure shall be one (1) story not to
exceed fifteen (15) feet."
ORD. NO. 3
L. That Section 18 "R- 3.75" Three and Four Family District Regulations is
hereby amended by amending subsection H. to read as follows:
"H. RESERVED."
M. That Section 18 "R- 3.75" Three and Four Family District Regulations is
hereby amended by deleting subsection 1.3.
N. That Section 19 "R -MH" Manufactured Home District Regulations is hereby
amended by amending subsection E.2. to read as follows:
"2. ACCESSORY STRUCTURE: One (1) story not to exceed fifteen (15)
feet."
O. That Section 20 "R -TH" Townhouse District Regulations is hereby amended
by amending subsection H. to read as follows:
"H. RESERVED."
P. That Section 20 "R -TH" Townhouse District Regulations is hereby amended
by deleting subsection 1.3.
Q. That Section 22 "R -MF" Multifamily District Regulations is hereby amended
by amending subsection H. to read as follows:
"H. BUFFER AREA REGULATIONS: Whenever an R -MF District is
located adjacent to an existing or zoned residential district of lower
density development, without any division such as a dedicated public
street, park or permanent open space, all principal buildings or
structures shall be set back a minimum of forty (40) feet from the
adjoining property line. In addition, a buffer strip at least twenty
(20) feet in width shall be provided between the two districts.
This buffer strip shall contain appropriate landscape improvements,
fencing, berms or trees to adequately buffer adjoining uses."
R. That Section 27 "PO" Professional Office District Regulations is hereby
amended by amending subsection MA. to read as follows:
"4. Whenever a P -O District is adjacent to any residentially zoned
district, a buffer strip, at least twenty (20) feet in width shall be
provided between the two (2) districts. A wall, fence or berm
shall be erected to effectively screen the P -O District from the
residential area."
S. That Section 42 Supplementary District Regulations is hereby amended by
amending subsection B.3. to read as follows:
ORD. NO. 4
113. With the exception of wineries, wine tasting rooms and breweries, no
party shall sell or serve alcoholic beverages for on- premise
consumption as the holder of a duly issued Texas Alcohol Beverage
Commission permit allowing on- premise consumption except in a
restaurant or on the premises of an entity whose principal business is
transporting of the general public and is operating pursuant to a
certificate of public convenience and necessity issued by a federal or
state regulatory body with a Conditional Use Permit in accordance
with and pursuant to Section 48."
Section 2. That 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 Two 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. That 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 or 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. That 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 17th day of June 2014.
ORD. NO. 5
ATTEST: