HomeMy WebLinkAboutORD 1985-038 ORDINANCE NO. 85-38
AN ORDINANCE AMENDING ORDINANCE
NO. 82-73, THE CONPREHENSIVE ZONING
ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPEN-
DIX "D" OF THE CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS , BY PROVIDING
� � FOR AMENDMENTS AND CHANGES TO DISTRICT
REGULATIONS BY AMENDING SECTION 26
RELATING TO "HC" HIGHWAY COMMERCIAL DIS-
;�, TRICT REGULATIONS, BY AMENDING SECTION
27 RELATING TO "PO" PROFESSIONAL OFFICE
DISTRICT REGULATIONS, AND BY AMENDING
SECTION 51 RELATING TO REQUIREMENTS FOR
OPEN SPACE AND RECREATIONAL AREAS; PRO-
VIDING A PENALTY NOT TO EXCEED THE SUM
OF ONE THOUSAND DOLLARS ($1,000 . 00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE
SHP.LL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
PROVIDING A SEVERABILITY CLAUSE;
DECLAP.ING AN ENIERGENCY 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, subsectior.s , paragraphs, definitions,
',� words and phrases of said Appendix "D" are not amended but are
hereby ratified, verified, and affirmed:
A. That Section 26 relating to "HC" Highway Commercial
District Regulations be amended to read as provided in
Exhibit "A" , attached hereto and incorporated herein for
all purposes by this reference.
B. That Section 27 relating to "PO" Professional Office
District Regulations be amended to read as provided in
Exhibit "B" , attached hereto and incorporated herein for
all purposes by this reference.
C. That Section 51 relating to Requirements For Open Space
and Recreational Areas be amended to read as provided in
Exhibit "C" , attached hereto and incorporated herein for
all purposes by this reference.
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 pro-
perly safeguard the health, safety, morals , peace, and general
welfare of the public 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 CZTY COUNCIL OF THE CITY OF
�_� GRAPEVINE , TEXAS on this the 20th day of August, 1985.
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APPROVED:
�u�Or
ATTEST:
�t.h..e Q-
City Secretary
APPROVED AS TO FORM:
�....,.
City Attor ey
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EXHIBIT "A"
Sec. 26. HC Highway Commercial District.
PURPOSE: The HC Highway Commercial District is established to provide
"" adequate space and site diversification for commercial uses which
depend upon high visibility, convenience to arterial highways and will
involve development that may be objectionable to other commercial
,�. ., districts and adjacent residential uses .
USES GENERALLY: In an HC Highway Commercial 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 .
1 . Auction sale, new or used goods located within a completely
enclosed building.
2. Brick, marble, tile, or concrete block sales.
3 . Lumberyard.
4 . Plumbing supply and building supplies .
5 . Pipe storage, metal or concrete to include culverts and
similar material.
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6. Public utilities as required to serve the district.
7. Storage of sand, gravel, rock or earth.
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8. Ambulance service.
9 . Automobile washing business ; automatic, coin-operated or
moving line wash.
10 . Automotive body shop , within an enclosed building, excluding
salvage and/or wrecking yards . All storage areas must be
surfaced and screening shall be provided in accordance with
Section 53.
11 . New automotive parts and accessories , sales and
installation.
12. 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.
13 . Outdoor commercial amusements such as golf driving ranges ,
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miniature golf, archery.
14. Restaurants , including drive-in and drive-through restaurants .
"'�'" 15. Drive-in motion picture theater.
Section 26, Page 1
16. Gasoline service station.
17. Taxi dispatch yard and office.
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18. Truck or trailer rental. �
�, y 19. Retail sales , 1�usiness services and merchandise displayed in
an unenclosed or incc�mpletely enclosed area.
20. Boat and marine sales service.
21 . Camper sales and camper trailer sales and service, lease and
rental.
22 . Furniture or appliances , new and used in a completely
enclosed building.
23. Mortuary and funeral homes.
24 . Nursery or greenhouses .
25. Swimming pool sales or display.
26. Carpenter and cabinet shops .
27 . Home equipment rental.
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28 . Job printing or newspaper establishments .
29. Upholstery shops .
30 . Feed and grain sales .
31 . Auto repair garage.
32. Building materials and supply.
B. ACCESSORY USES : The following uses shall be permitted as
accessory uses to a principal use provided that none shall be a
source of income to the owner or user of the principal use:
1 . Accessory uses permitted in the CN and CC Commercial
Districts .
2. Mechanical equipment no nearer than one hundred twenty (120)
feet to any residentially zoned district. '
3 . Screened garbage storage, on a concrete pad no nearer than
fifty (50) feet to any residentially zoned district.
4 . Off-street parking, provided that all areas devoted to the
parking of vehicles or the sale and display of inerchandise,
'"'�'" except nurseries , shall be surfaced in accordance with
Section 58 of this Ordinance.
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Section 26 , Pa.ge 2
5 . Provisions for the parking of automotive vehicles provided
within si:�ty (60) feet of any residentially zoned district
shall be separated from said lot by a blind fence or wall at
least six (6) feet high.
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6. Other structures or uses which are customarily accessory and
clearly incidental and subordinate to the permitted use
�� and/or structure.
7 . Signs advertising uses located on the premises in accordance
with Section 60 of this Ordinance.
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 . Truck stops .
2. Commercial off-street parking lots .
3. Building trades contractor with storage yard for materials
and equipment on premises .
4 . Emergency services such as rescue squads and ar.ibulance
service.
5 . Sale of heavy machinery and equipment .
�'� 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.
D. LIMITATION OF USES :
1 . Residential structures and uses are expressly prohibited in
the HC Highway Commercial District. Existing residentials
may remain as non-conforming uses , but it is intended that
new residential construction not be allowed in the District.
2. All access shall be from an arterial highway except in the
case of corner lots , they may have access on the side
street.
E. PLAN REQUIREMENTS : No application for a building permit for
construction of a principal 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.
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Section 26, Page 3
2. A Site Plan, meeting the requirements of Section 47, has
been approved.
�" ; 3 . A Landscape Plan, meeting the requirements of Section 53 ,
has been approved.
�, ,� F. DENSITY REQUIREMENTS : The following bulk and intensity of use
requirenents shall apply:
1 . MAXIMUM DENSITY: The maximum density within an HC District
shall not exceed a floor area ratio of 1 . 0 .
2. LOT SIZE : The minimum lot size in an HC District shall be
not less than five thousand (5 , 000) square feet.
3 . MINIMUM OPEN SPACE: At least fifteen (15) percent of the
total lot area shall be devoted to open space.
4. MAXIMUM BUILDING COVERAGE: The combined area occupied by
all main and accessory structures shall not exceed sixty
(60) percent of the total lot area.
5. MAXIT?UM IMPERVIOUS SURFACE: The combined a.rea occupied by
all main and accessory structures , parking, storage, loading
and other paved areas shall not exceed eighty-five (85)
percent of the total lot area.
G. AREA REGULATIONS : The following minimum standards shall be
"" � required:
�,�, l. LOT WIDTH: Every lot shall have a minimum width of fifty
(50) feet.
2. LOT DEPTH: Every lot shall have a minimum depth of not less
than one hundred (100) feet.
3 . FRONT YARD: E��ery lot shall have a front yard of not less
than twenty-five (25) feet which 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 .
4 . SIDE YAP.DS : No side yards are required, except that when
property in an HC District abuts property of a district in
which a side yard is required, a side yard of equivalent
width shall be provided in the HC District.
5 . REAR YARD: A rear yard equivalent to the adjacent or
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contiguous district shall be provided.
6. DISTANCE BETWEEN BUILDINGS : The minimum distance between
detached principal or accessory buildings on the same lot
shall be not less than ten (10) feet.
Section 26 , Page 4
H. BUFFER AREA REGULATIONS : Whenever an HC District abuts a
Residential District , an appropriate buffer and screen shall be
provided in accordance with the provisions of Section 50 of this
Ordinance.
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I . HEIGHT:
1 . No principal structure shall be erected or altered to a
`'�"' height exceeding one (1) story or twenty-five (25; feet.
2. No accessory structure shall be erected or altered to a
height exceeding fifteen ( 15) feet.
J. LANDSCAPING REQUIREN�NTS: Landscaping shall be required in
accordance with Section 53 of this Ordinance.
K. OFF-STREET PAP.KING: Off-street parking shall be provided in
accordance with the provisions of Sections 56 and 58 of this
Ordinance. No off-street parking area shall be located closer
than ten (10) feet to any Residential District nor five (5) feet
to any adjacent property line.
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 HC District:
1 . 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 an HC Highway Commercial District is created
adjacent to any residentially zoned district, a buffer
strip , at least twenty (20) feet in width shall be provided
between the two district . A wall , fence or berm shall be
erected to effectively screen the HC District from the
residential area and no streets , alley, vehicular storage
area or use shall be permitted in the required buffer strip.
5 . The masonry requirements of Section 54 shall be met.
6 . All sales , display or outdoor storage areas shall be
surfaced in accordance with Secticn S8 except those areas of
nurseries and garden centers where living plants are
located.
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7 . Storage areas for any product, excluding automobile and
truck sales and leasing, shall be completely enclosed by a
„�,, blind fence or wall at least seven (7) feet high. No
Section 26 , Page 5
materials or products shall be stacked higher than one (1)
foot below the top of the fence or wall .
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Section 26 , Page 6
EXHIBIT "B"
Sec. 27. P-0 Professional Office District Regulations .
PURPOSE : The P-0 Professional office district is established to
,�. . create a restrictive district for low intensity office or professional
uses which may be located close to all types of residential uses , with
appropriate buffers and landscaping so as not to create a blighting
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effect on adjacent residential areas .
USES GENERALLY: In a P-0 Professional office 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 .
1 . Administrative, executive and editerial offices for
business , professional or industrial organizations .
2. Financial offices such as banks , savings and loan
associations , mortgage bankers and insurance offices .
3. Governmental office buildings and uses .
4 . Prescription pharmacy.
5 . Medical and dental clinics .
6 . Medical and dental laboratories , but not including the
� � manufacture of pharmaceutical or other products for general
sale or distribution.
""""'�" 7 . Professional offices for the conduct of the following
professional and semiprofessional occupations : Accountant ,
architect, attorney, dentist, engineer, insurance agent,
real estate agent, personal or family counselor,
chiropractor, physical therapist, physician, public
secretary, surgeon, or any other office or profession which
is of the same general character as the foregoing, but
excluding animal grooming salons , dog kennels , funeral
homes , veterinarian and veterinary hospitals .
8. Public institut�ons and nonprofit institutions of an
educational, religious or cultural type, but excluding
corrective institutions and hospitals .
9. Public utility uses required to service the district.
10 . Schools and studios for art, dancing, drama, music,
photography, interior decorating or reducing.
B. ACCESSORY USES : The following uses shall be permitted as
accessory uses , provided that such use shall be located not less
� than twenty (20) feet from any street right-of-way:
1 . Mechanical equipment no nearer than one hundred twenty ( 120)
� feet to any residentially zoned district.
Section 27 , Page 1
2. Screened garbage storage on a concrete pad and no nearer
than fifty (50) feet to a residentially zor.ed district and
not located between the front of the building and any street
�"� right-of-way. _
3 . Parking of automobiles , provided that such facilities are
within sixty (60) feet of a resider�tially zoned district
shall be separated from said lot �y a blind fence or wall at
least six (6) feet high.
4 . Parking garage.
5 . Signs advertising uses on the premises ir_ accordance with
Section 60 of this Ordinance.
C. CONDITIONAL USES :
1 . Restaurants , including alcoholic beverage sales provided a
special permit is issued in accordance with Section 42.B.
of the Ordinance. Drive-in and Drive-through restaurants
shall not be allowed.
2. Funeral homes and mortuaries.
D. LIMITATIONS ON USES : None specified.
E. PLAN REQUIREMENTS : No application for a building permit for
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construction of a principal building shall be approved unless :
l. 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 Site Plan, meeting the requirements of Section 47 , has
been approved.
3. A Landscape Plan, meeting the requirements of Section 53,
has been approved.
F. DENSITY REQUIREMENTS : The following bulk and intensity of use
requirements shall apply:
l . MAXIMLTM DENSITY: The maximum density within an PO District
shall not exceed a floor area ratio of 1 . 0.
2. MINIMUM LOT SIZE: The minimum lot size in a PO District
shall be ten thousand (10, 000) square feet.
3 . MINIMUM OPEN SPACE: At least twenty (20) percent of the
total lot area shall be devoted to nonvehicular open space.
(Non-vehicular open space is any area not devoted to
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buildings , parking, loading, storage or vehicular use. )
4 . MAXIMUM BUILDING COVERAGE: The combined area occupied by
all main and accessory structures shall not exceed sixty
"'� (60) percent of the total lot area.
Section 27 , Page 2
5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by
all main and accessory structures , parking, storage , loading
and other paved areas shall not exceed eighty (80) percent
*°` of the total lot area.
G. AREA REGULATIONS : The following minimum standards shall be
„�_ � required:
l . LOT WIDTH: Every lot shall have a minimum width of eighty
(8Q) feet.
2. LOT DEPTH: Every lot shall have a minimum depth of not less
than one hundred (100) feet.
3 . FRONT YARD: Every lot shall have a front yard of not less
twenty-five fifteen (25) feet which 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 .
4. SIDE YARDS : Every lot shall have two side yards , each of
which shall be not less than ten (10) feet in width.
5. REAP. YARD: Every lot shall have a rear yard of not less
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than twenty-five (25) feet in depth.
6. DISTANCE BETWEEN BUILDINGS : The minimum distance between
,�, , detached prir.cipal or accessory buildings on the same lot
shall be not less than twenty (20) feet.
H. BUFFER AREA REGULATIONS: Whenever a PO District abuts a
Residential District, an appropriate buffer and screen shall be
provided in accordance with the provisions of Section 53 of this
Ordinance. In addition, no building or structure shall be
located nearer to any residentially zoned property than a
distance equal to one and one-half the height of such building
or structure or twenty-five (25) feet, whichever is greater.
I. HEIGHT:
l . No grincipal structure shall be erected or altered to a
height exceeding two (2) stories or thirty (30) feet except
buildings located contiguous to a R-20 , R-12 . 5 , or R-7 . 5
District, buildings shall not exceed one (1) story or twenty
(20) feet in depth.
2. No accessorS- 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.
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Section 27 , Page 3
K. OFF-STREET PARKING: Off-street parking shall be provided in
accordance with the provisions of Sections 56 and 58 of this
Ordinance, No off-street parking area shall be located closer
than ten (10) feet to any Residential District nor five (5) feet
'� to any adjacent property line.
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 PO 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.
Al1 such equipment shall be screened from public view.
3. Lighting shall be designed to reflect away from any adjacent
residential area.
4. Whenever a PO District is created adjacent to any
residentially zoned district, a buffer strip, at least ten
(10) feet in width shall be provided between the two
districts . A wall , fence or berm shall be erected to
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effectively screen the PO District from the residential
area.
�s,-# 5 . The masonry requirements of Section 54 shall be met.
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Section 27 , Page 4
EXHIBIT "C"
SECTION 51 REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS
,�_.. A. PURPOSE: The requirements for open space, park and recreational
areas contained in this Section 51 are intended to ensure that
in new residential developments in the City of Grapevine there
will be sufficient land dedicated or otherwise set aside to meet
`� `" the demand and need of the future residents of the development
for open space, and neighborhood parks , containing passive or
active recreational areas that are reasonably attributable to
such development. In determining the size of the parcel, or
parcels , that should be set aside and reserved in the manner set
out in this Section 51 the City Council has taken as a benchmark
the standards of the National Recreation and Park Association.
It is the policy of the City that �Then land is dedicated or
otherwise set aside and reserved for open space and park and
recreational areas , such land should be in close proximity to
the residential development it is designed to serve and shall be
of such size, character, and dimensions as is necessary to
provide usable open space and park and recreational areas .
B. APPLICATION: A certificate of zoning compliance shall not be
issued for any residential subdivision or development unless
open space and park and recreational areas shall have been
dedicated or set aside on the subdivision plat or in the plan
for such development in accordance with the standards and
criteria in this Section 51 .
� � C. CHARA.CTER AND MINIMUM AREA:
1 . Land dedicated or otherwise set aside for open space and
'�`'� park and recreational areas shall be of such size ,
dimensions , topography, and general character as is
reasonably required for the type of use proposed, e.�. , open
space buffer , active recreation for team or individual
sports , playground, tot lot, picnic area, etc.
2 . Unique natural areas or flood plains which provide an
opportunity for linkage parks may be included in areas
dedicated or otherwise set aside or reserved for open space.
3. The minimum amount of open space and park recreational area
that shall be dedicated or otherwise reserved pursuant to
this Section 51 shall be :
a) In the R-20 , R-12. 5 and R-7 . 5 Districts three hundred
(300) square feet per dwelling unit.
b) In all other residential districts , including the PRD-6
and PRD-12 districts , the open space and recreational
area requirements shall be observed.
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Special Section 51 , Page 1
4. No land dedicated or otherwise reserved in compliance with
this Section 51 shall have dimensions smaller than one
hundred (100) feet in width and one hundred fifty (150) feet
�, , in depth. In any development which includes wooded areas ,
flood plains , or other natural amenities which it is
desirable to maintain, the City Council may grant an
exception from the strict application of these minimum
�� dimensions whenever it determines that by dcing so the
protection and preservation of such areas will be promoted.
D. PLATTING REQUIREMENTS : The Director of Parks and Recreation, a
designated Parks and Recreation Board Member, and a member of
the Planning and Zoning Commission and City Council shall have a
plat review meeting regarding the 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 areas 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.
The City Council may, upon application by a developer, or other
person or firm with a legal interest in the land to be
developed, allow the open space and park and recreational areas
required by this Section 51 to be restricted to the use and
enjoyment of residents of the particular development or
subdivision. The City Council may grant such request whenever
it finds : (1) that the public open space and park ar_d
�-� recreational areas required by this Section 51 cannot be
effectively and efficiently integrated into the public park
system of the City; (2) that the open space and park and
�'� recreational needs of the residents of the development or
subdivision can be supplied by the reservation of private open
space and recreational areas at least as adequately as by the
dedication of public park land; and, (3) that the developer or
subdivider has complied, or will comply, with the requirements
of Section 51 .F, below. Such open space and park and
recreational areas shall be clearly noted on the plat or master
development plan as Private Open Space or Private Recreational
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Land" at the time of submission to the City for action by the
Planning and Zoning Commission and City Council.
E. PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND
RECREATIONAL AREAS :
In any case in which the land required to be dedicated or
otherwise reserved by this Section 51 would be less than thirty
thousand (30 , 000) square feet, the developer or subdivider
shall , and in all other instances the City Council may, upon
finding that the park and recreational needs of a proposed
development would be better served by the expansion or
improvement of an existing park, require that the developer or
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Special Section S1 , Page 2
subdivider pay the City of Grapevine a sum of money that is
equal to the fair market value of the land that would be
,�>�,
required to be dedicated or otherwise reserved for open space or
park and recreational areas pursuant. to this Section 5 in lieu
of such dedication or reservation. A developer or subdivider
may, with the consent of the City Council, as an alternative to ,
� and in lieu of, dedicating or otherwise reserving land for open
space or park and recreational purposes , pay the aforesaid sum
to the City of Grapevine. Said payment shall be made
concurrently with formal acceptance by the City of Grapevine of
construction of street and utility improvements . Al1 such
payments : (1) shall be segregated in a separate fund and used
only for the acquisition and improvements of open space and park
and recreational areas within the City of Grapevine that will
meet the needs of the residents of the development or
subdivision in respect of which such payment was made; (2) shall
be expended on the acquisition or improvements of park land that
is not more than one (1) mile from the development or
subdivision, or within reasonable proximity if a site or
facility is unavailable within the one (1) mile distance, (3) if
not expended within three years of receipt , or unconditionally
committed to be expended, shall be refunded to the developer or
subdivider.
F. MAINTENANCE : If the open space and recreational areas required
by this Section 51 are to remain private , such areas shall be
,,,�,�, maintained by and deeded to a homeowners ' association, or a
trustee. No plat or master development plan containing a
reservation of private open space and recreational areas shall
�� be approved until the applicant shall have filed with the Zoning
Administrator a declaration of the covenants and restrictions
that will govern such association or trustee, and received
approval of the same from the Planning and Zoning Commission and
the City Council. Such instrument shall be approved by the City
Attorney as to legal form and effect, and by the Planning and
Zoning Commission as to the suitability of the proposed use of
the proposed open space and recreational areas .
The covenants and restrictions , when submitted, shall provide
for establis�ment of the homeowners ' association or trust prior
to the sale of any part of the property; that open space
restrictions and maintenance shall be permanent; that the
homeowners are liable for the payment of maintenance fees and
capital assessments ; that unpaid homeowner' s ; fees and
assessments will be a lien on the property of the delinquent
homeowners ; that the association or trustee shall be responsible
for liability insurance , taxes and perpetual maintenance; that
membership shall be mandatory for each homeowner and any
successive buyer; and, that each homeowner, at the time of
purchase, shall be furnished with a copy of the approved
,,,�, restrictions or conditions .
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Special Section 51 , Page 3