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Home My WebLink AboutORD 1986-046 ORDINANCE NO. 86-46 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, BY PRO- VIDING FOR AMENDMENTS AND CHANGES TO DISTRICT REGULATIONS BY AMENDING THE . PERMITTED USES, CONDITIONAL USES, AND ��• LIMITATIONS OF USES OF SECTION 26 RELATING TO THE "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS AND BY AMENDING ITEM �, D, PLATTING REQUIREMENTS, OF SECTION 51 RELATING TO REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1 , 000 . 00) AND A SEPA- � RATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVER- ABILITY 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 the Purpose of Section 26 relating to the Highway Commercial District Regulations be amended to read as follows: "PURPOSE: The HC Highway Commercial District is estab- lished to provide adequate space and site diversifica- tion for commercial uses which depend upon high visibility, uses with outside storage unless specifically prohibited by Section 26A, convenience to arterial highways and will involve development that may be more intensive than other commercial districts and objectional to adjacent residential uses. " B. That Item A, the Permitted Uses, of Section 26 relating to the Highway Commercial District Regulations be amended to read as follows: "A. PERMITTED USES: The following uses shall be permitted as principal uses . 1 . Auction sale, new or used goods located within a �'" completely enclosed building. 2 . Retail sales of building materials within a completely enclosed building. 3 . Plumbing supply within a completely enclosed building. 4 . Public utilities as required to serve the district. 5. Automobile washing business; automatic, coin- operated, or moving line wash. 6 . Automotive body shop, within a completely enclosed building. Salvage and/or wrecking yards are pro- hibited. Al1 storage areas must be surfaced and screening shall be provided in accordance with Section 53 . 7. Automotive repair garages, within a completely enclosed building. All storages areas must be surfaced and screening shall be provided in �"-- accordance with Section 53 . 8. Automotive sales and service, new or used cars and trucks, and rental. All vehicles must be in an operating condition and all open display or storage areas must be surfaced and developed in accordance with all applicable ordinances of the city. 9 . Outdoor commercial amusements such as golf driving ranges, miniature golf, archery. 10 . Restaurants, including drive-in and drive-through restaurants. 11 . Gasoline service stations. 12 . Feed and grain sales within a completely enclosed building. 13 . Boat and marine sales and/or service. 14 . Camper sales and camper trailer sales and service, lease and rental. 15 . Furniture of appliances, new and used, within a ��' completely enclosed building. �� 16 . Mortuary and funeral homes . 17 . Nursery or greenhouses. 18 . Job printing or newspaper establishments . 19 . Upholstery shops. 20 . Retail sales, other than those listed above, business services and merchandise displayed within a completely enclosed building. " C. That Item C, Conditional Uses, of Section 26 relating to the Highway Commercial District Regulations be amended to read as follows : "C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of this Ordinance. l . Commercial off-street parking lots for passenger �� vehicles less than one ton carrying capacity. 2 . Building trades contractor with storage yard for materials and equipment within a completely enclosed building. 3 . Retail sales of building materials displayed in an unenclosed or incompletely enclosed area with outside storage. 4. Sale and rental of heavy machinery and equipment. 5 . Home equipment rental. 6 . Commercial laundry and dry cleaning establishments . 7 , Mobile home sales, storage, lease and repair. 8 . Alcoholic beverage sales provided a Special Permit is issued in accordance with Section 42.B of this Ordinance. 9 . Public or private storage garages, yards and lots �-� including mini storage warehouses. 10. Truck and trailer rental. � 11 . Swimming pool and spa sales. 12 . Restaurant with outside dining. " D. That a new Item D. 3 pertaining to Limitation of Uses of Section 26 relating to the Highway Commercial District Regulations be added to read as follows : "3 . Access to and frontage on a street other than a State Highway will be permitted only for property zoned HC Highway Commercial prior to the 15th day of July, 1986 , provided the principal uses and conditional uses are limited to the following uses : (a) Principal Uses 1 . Plumbing supply within a completely enclosed building. 2 . Public utilities as required to serve the ,�.,:� district. 3 . Automobile washing business; automatic, coin-operated, or moving line wash. 4 . Restaurants , including drive-in and drive-through restaurants. 5 . Feed and grain sales within a completely enclosed building. 6 . Furniture or appliances, new and used, within a completely enclosed building. 7 . Mortuary and funeral homes. 8 . Nursery or greenhouses. 9 . Job printing or newspaper establishments. 10 . Upholstery shops . 11 . Retail sales, other than those listed above, business services and merchandise displayed within a completely enclosed "'�"' building. (b) Conditional Uses � 1 . Commercial off-street parking lots for passenger vehicles less than one ton carrying capacity. 2 . Alcoholic beverage sales provided a Special Permit is issued in accordance with Section 42.B of this Ordinance. 3 . Public or private storage garages, including mini storage warehouses . 4 . Restaurant with outside dining. " E. That the first paragraph of Item D, Platting Require- ments, of Section 51 relating to Requirements for Open Space and Recreational Areas be amended to read as follows, and that all other paragraphs of said Item D �� shall not be amended: "D. Platting requirements : The director of parks and �, recreation, a desiqnated parks and recreation board member, and a member of the planning and zoning com- mission and the city council shall compose an Open Space Committee. The city council representative shall be an ex officio, non-voting member of the Committee. The Open Space Committee shall have a plat review meeting regarding each proposed land donation prior to it being submitted to the city council. Any land dedicated or otherwise reserved under this Section 51 for open space or park and recreational area shall be shown on a plat submitted for approval by the planning and zoning commission and city council. Upon approval, said plat shall be filed of record in the county in which the property is located. " 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 One Thousand Dollars ($1 , 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 July, 1986 . APPROVED: �� Mayor � ATTEST: City Secretary APPROVED AS TO FORM: � �,� . � �-� City Attorney �,« �� "°"q