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Home My WebLink AboutORD 1988-027 ORDINANCE NO. 88-27 AN ORDINANCE 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 REGU- LATIONS BY AMENDING SECTION 67 AMENDMENTS; PROVIDING A PENALTY NOT TO y�, EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 67 relative to Amendments is hereby amended by renumbering the entire section as shown ,„„�„, in Exhibit "A" , attached hereto and made a part hereof. 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 Two Thousand Dollars ($2, 000 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation 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 regu- lations of the City of Grapevine, Texas, are inadequate to � properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance 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 15th day of nrtarch , 1988 . APPROVED: Mayor ATTEST: f � City Secretary APPROVED AS TO FORM: �� City Attorney �_>, w�,,, � � "j EXHIBIT "A" TO ORDINANCE N0. 88-27 . . Sec. 6 7. AN�TDNI�ITS. ,� A. APPLICATION FOR ZONING CH�NGES. 1. Any person, firm or corporation requesting change in zoning of � any property from one district classification to another district classification under this ordinance shall make an application in writing to the City Planning Depariment requesting change in zoning, which application shall contain the following infoxmztion. a. Legal description of the land on which a zoning change is requested, together with the local street address. b. Name and address of the c�mer of the propertX. c. Name and address of the person making the application, if made by anyone other than the owner, tc�gether with a statement that the person making the application is authorized to act for the aaner in making the application. d. Distr.ict use under which the property is regulated at the time of making application and the district use requested by the applicant e. Any other information concerning the property as may be reasonably requested by the City Planning Department. �� 2. Upon filing of an application for a change in zoning with the City Planning Department, the applicant shall gay to the City `""'" the sum of five hundred dollars ($500.00) for all tracts that do not exceed one (1) acre and an additional filing fee of twenty five dollars ($25.00) per acre, on any part thereof, for each additional txact that exceeds one (1) acre, no part of which shall be returnable, regardless of the action taken on the request. 3. A waiting period of one year, betw�en the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the City Council and a new application for such a change or amenc�nent is accepted, is hereby � established. The one-yPar waiting period shall be applicable to all requested ame,nc�nents and change§ for the same zoning district, or districts, on all or any portion of the property previously considered for amenc�hnent or change in zoning; provided, haw�ever, said one-year waiting period shall not be applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Camnission or to any proposed amendment or change denied by the city council without preju3ice. For purposes of this section, denied by the City Council shall mean that on final reading: (a) a r� motion by the city council to deny the requested zoning change , passed by a majority of the quonun present and voting; or (b) � Section 67, Page 1 � � paid in the United States Post Office to such property awners as the ownership appears on the last approved city tax roll. 4. A public hearing shall be held by the City 'Council before ""�� adopting any proposed amenc3ment, supplement, or change. At least fifteen (15) days' notice of the time and place of such hearing shall be published in the official newspaper of the � City of CYapevine. 5. Changes to any aspect of a zoning case or conditional use application, including changes to concept plans or site plan, that the City Council or Planning and Zoning Commission consi.der, in their sole judgement, to be significant that are proposed by the applicant Shall not be considered unless filed with the City at least 14 days prior to the scheduled public hearing. In the event such a proposed change is filed less than 14 days prior to the scheduled public hearing, the Planning and Zoning Cannission or City Council may decline to consider the proposed changes or may continue the public hearing to a date certain that is at least 14 ,days fram the date said proposed change was filed. This section does not apply to any changes propc�sed by the Planning and Zoning Cca�unission or City Council. 6. If such proposed amendment, suppl�ent or change has been denied by the City Planning and Zoning Cammission, or if a protest against such proposed amendment, supplement or change ha.s been filed with the City Secretary, duly signed and acl�owledged by the owners of twenty (20$) percent or more, "� � either of the area of the lots included in such proposed change or those i��diately adjacent to and extending two �„„�, hundred (2Q0) feet therefrom, such amenchnent shall not bec� effective except by a three-fourths (3/4) vote of the members of the City Council of the City of Grapevine.. � _ �"' Section 67, Page 3