HomeMy WebLinkAboutORD 1985-033 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 85-33
AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSNE 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 APJIENDMENTS AND
CHANGES TO DISTRICT REGULATIONS BY PROVIDING FOR
AMENDMENTS AND CHANGES TO SECTION 40 RELATING TO
DALLAS-FORT WORTH REGIONAL AIRPORT DISTRICT, BY
ADDING A NEW SECTION, SECTION 48, RELATING TO CON-
+,�, DITIONAL USES, BY REPEALING SECTION 49 RELATING TO
S-P, SITE PLAN DISTRICT REGULATIONS IN ITS ENTIRETY AND
ADDING A NEW SECTION 49 RELATING TO SPECIAL USE
PERMITS, BY ADDING A NEW SECTION, SECTION 61, RELATING
TO ADMINISTRATION AND ENFORCEMENT; PROVIDING A PEN-
ALTY NOT TO EXCEED THE SUM OF 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; 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 40 relating to Dallas-Fort Worth Regional Airport
District be amended to read as provided in Exhibit "A" attached hereto and
�,�� incorporated herein for all purposes by this reference.
B. That a new section, Section 48 relating to Conditional Uses be
added which shall read as provided in Exhibit "B" attached hereto and in-
corporated herein for all purposes by this reference.
C. That Section 49 relating to S-P, Site Plan District Regulations be
repealed in its entirety and a new Section 49 relating to Special Use Permits be
added which shall read as provided in Exhibit "C" attached hereto and
incorporated herein for all purposes by this reference.
D. That a new section, Section 61 relating to Administration and
Enforcement be added which shall read as provided in Exhibit "D" 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 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 regulations of the
City of Grapevine, Texas, are inadequate to properly 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 this 16th day of July , 1985.
Mayor, City of Grapevine, Texas
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ATTEST:
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City Secretary
[SEAL]
APPROVED AS TO FORM:
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City Attorney
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EXHIBIT "A"
Sec. 40 . Dallas-Fort Worth International Airport District.
PURPOSE: To continue the close working relationship between the City
of Grapevine and the Cities of Dallas and Fort Worth as owners and
operators of the Dallas-Fort Worth International Airport located
within the City of Grapevine in the construction, planning,
� development, regulation and operation of such International Airport.
DISTRICT BOUNDARIES: All of the property owned and controlled
jointly by the Cities of Dallas and Fort Worth designed as the
Dallas-Fort Worth International Airport that is located caithin the
city limits cf the City of Grapevine.
A. PERMITTED USES AND REGULATIONS:
1. The sale, possession and consumption of alcoholic beverages
shall be processed in accordance with Section 48 ,
Conditional Uses.
2 . All other construction, planning, use and development shall
be subject to, in compliance with and pursuant to the
Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art.
46d-1 through 46d-22 and all rules , regulations , leases ,
agreements and ordinance� adopted thereunder; the Airport
Zoning Act, Tex. Rev. Civ. Stat. Ann. art. 46e-1
through 46e-15; all building and construction standards
heretofore jointly adopted by the City of Grapevine and the
Dallas-Fort 69orth International Airport Board and the lawful
� exercise of the police power.
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EXHIBIT "B"
Sec. 48. Conditional Uses.
A. PURPOSE. In each zoning district there are some uses which
would be appropriate in some but not all locations within the
district. Typically, those are uses that may have some special
impact or uniqueness which requires a careful review of their
location, design, configura�ion and special impact to determine,
against fixed standards , the desirability of permitting their
establishment on any given site. They are uses which may or may
not be appropriate in a particular location depending on a
weighing, in each case, of the public need and benefit against
the local impact and effect. In this ordinance such uses are
classified as conditional uses and before they may be
established the Planning and Zoning Commission must recommend,
based upon findings of fact derived from evidence received at a
public hearing, and the City Council must by ordinance approve
the establishment of the use.
B. AUTHORIZATION. The Planning and Zoning Commission may
recommend, and the City Council may authorize, the establishment
of those conditional uses that are expressly authorized to be
permitted as a conditional use in a particular zoning district
or in one or more zoning districts. No conditional use shall be
authorized unless this ordi�nance specifically authorizes such
conditional use to be granted and unless such grant complies
with all of the applicable provisions of this ordinance.
C. INITIATION. An application for a conditional use permit may be
filed by the owner of, or other person having a contractual or
� possessory interest in, the subject property. Any application
filed by a person who is not the owner of the property for which
the conditional use permit is sought shall be accompanied by
�"°""' evidence of the consent of the owner.
D. APPLICATION FOR CONDITIONAL USE PERMIT. An application for
a conditional use permit shall be filed in duplicate with
the Director of Community Development , or such other
official as he may designate, who shall forward without
delay one copy to the Planning and Zoning Commission. The
application shall contain a Site Plan and the following
information as well as such additional information as may be
prescribed by rule of the Commission or the Director of
Community Development.
1 . The applicant' s name and address and his interest in the
subject property;
2. The owner ' s name and address, if different than the
applicant, and the owner ' s siqned consent to the filing of
the application;
3. The street address and legal description of the property;
�°w 4. The zoning classification and present use of the subject
property;
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EXHIBIT "B"
5. The particular provision of this ordinance authorizing the
proposed conditional use;
6 . A general description of the proposed conditional use;
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7 . An application for site plan approval , as required and
defined in Section 47 of this Ordinance;
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8 . A statement or diagram showing compliance with any special
conditions or requirements imposed upon the particular
conditional use by the applicable district regulations;
9 . A statement as to why the proposed conditional use will not
cause substantial injury to the value, use or enjoyment of
other property in the neighborhood;
10. A statement as to how the proposed conditional use is to be
designed, arranged and operated in order to ensure that
development and use of neighboring property in accordance
with the applicable district regulations will not be
prevented or made unlikely.
E. HEARING ON CONDITIONAL USE PERMIT APPLICATION. A public hearing
on the application shall be held and notice thereof given in the
manner and form required for amendments as set out in Sec. 67
of this Ordinance.
F. STANDARDS. As application for a conditional use permit shall be
granted only if evidence is presented at the public hearing
� which establishes:
1. That the proposed conditional use will be consistent with
the adopted policies in the Comprehensive Master Plan of the
City of Grapevine;
2 . That the proposed conditional use will not have a
substantial or undue adverse effect upon adjacent property,
the character of the neighborhood, traffic conditions,
parking, utility facilities , and other matters affecting the
public health, safety and general welfare;
3. That the proposed conditional use will be constructed,
arranged and operated so as not to dominate the immediate
vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable
district regulations . In determining whether the proposed
conditional use will so dominate the immediate neighborhood,
consideration shall be given to:
(a) the location, nature and height of building, structures ,
walls , fences on the site, and
(b) the nature and extent of landscaping and screening on
`������� the s ite;
4 . That the proposed conditional use complies with all
��� applicable requlations of this ordinance, including lot size
Page 2
EXHIBIT "B"
requirements, bulk regulations, use limitations , and
performance standards;
„�� 5. That the proposed conditional use at the specified location
will contribute to or promote the welfare or convenience of
the public;
��' 6. That off-street parking and loading areas will be provided
in accordance with the standards set out in Secs . 56, 57
and 58 of this Ordinance, and such areas will be screened
from any adjoining residential uses and located so as to
protect such residential uses from any injurious effect;
7. That adequate acce5s roads or entrance and exit drives will
be provided and will be designed so as to prevent traffic
hazards and to minimize traffic congestion in public streets
and alleys;
8. That the proposed conditional use will be served adequately
by essential public facilities and services such as
highways, streets, parking spaces, police and fire
protection, drainage structures, refuse disposal , water and
sewers, and schools; or that the persons or agencies
responsible for the establishment of the proposed use will
provide adequately for such services;
9. That the proposed conditional use will not result in the
destruction, loss or damage of any natural , scenic or
� �- historic feature of significant importance;
10 . That the proposed conditional use will comply with any
'�"` additional standards imposed on it by the particular
provision of this Ordinance authorizing such use.
G. CONDITIONAL AND RESTRICTIONS . In granting a conditional use,
the Planning and Zoning Commission may recommend, and the City
Council may impose such conditions, safequards and restrictions
upon the premises benefited by the conditional use as may be
necessary to comply with the standards set out in Sec. 48.F.
of this Ordinance to avoid, or minimize, or mitigate any
potentially injurious effect of such conditional uses upon other
property in the neiqhborhood, and to carry out the general
purpose and intent of this Ordinance. Such conditions shall be
set out in the Ordinance approving the conditional use permit.
H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS. Whenever any
conditional use permit authorized pursuant to this Section is
made subject to conditions to be met by the applicant, the
applicant shall , upon meeting such conditions , file an affidavit
with the Director of Community Development so stating.
I. EFFECT OF ISSUANCE OF A PERMIT FOR A CONDITIONAL USE. The
,�..� issuance of a permit for a conditional use shall not authorize
the establishment or extension of any use nor the development,
construction, reconstruction, alteration or moving of any
building or structure, but shall merely authorize the
preparation, filing and processing of applications for any
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EXHIBIT "B"
permits or approvals which may be required by the codes and
ordinances of the City, includinq, but not limited to, a
building permit, a certificate or occupancy and subdivision
approval .
�'� J. PERIOD OF VALIDITY. No conditional use permit shall be valid
for a period longer than one (1) year from the date on which the
City Council grants the conditional use, unless within such one
�,,�, (1) year period: (1) a building permit is obtained and the
erection or alteration of a structure is started, or (2) an
occupancy permit is obtained and a use commenced. The City
Council may grant one additional extension not exceeding one (1)
year, upon written application, without notice or hearing. No
additional extension shall be granted without complying with the
notice and hearing requirements for an initial application for a
conditional use permit.
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EXHIBIT "C"
SECTION 49. SPECIAL USE PERMITS.
A. PURPOSE. The special use permit procedure is designed to
provide the Planning and Zoning Commission and the City Council
'�`"�' with an opportunity for discretionary review of requests to
establish or construct uses or structures which may be necessary
or desirable for, or which have the potential for a deleterious
w� impact upon, the health, safety, and welfare of the public, for
the purpose of determining whether the proposed location of the
use or structure is appropriate and whether it will be designed
and located so as to avoid, minimize or mitigate any potentially
adverse effects upon the community or the other properties in
its vicinity. The discretionary special use permit procedure is
designed to enable the Planning and Zoninq Commission and the
City Council to impose conditions upon such uses and structures
that are designed to avoid, minimize or mitigate potentially
adverse effects upon the community or other properties in the
vicinity of the proposed use or structure, and to deny requests
for a special use permit when it is apparent that a proposed use
or structure will or may occasionally harm the community or
injury to the value, lawful use, and reasonable enjoyment of
other properties in the vicinity of the proposed use or
structure.
B. AUTHORIZED SPECIAL USES. The following uses and structures may
be established or constructed only upon the issuance of a
special use permit in accordance with the provisions of this
Section 49.
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1. Radio, television, or microwave towers in any business,
commercial or industrial district.
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2. Public utility distribution facilities and equipment in any
district.
3 . Microwave antennas and receivers in any district.
4. Amusement and video game arcades.
5 . Massage establishments.
(a) DEFINITIONS: For tr.e purpose of this paragraph, the
following words and phrases shall have the meaning
respectively ascribed to them by this subsection:
MASSAGE SERVICES: Means any process consisting of
kneading, rubbing or otherwise manipulating the skin of
the body of a human being, either with the hand or by
means of electrical instruments or apparatus, or other
special apparatus , but shall not include massage by duly
licensed physicians, osteopaths, chiropractors and
registered physical therapists or registered nurses or
licensed vocational nurses who treat only patients
recommended by a licensed physician and who operate only
under such physician' s direction. The term "massaae
services" shall not include massage services authorized
by the State of Texas in establishments licensed by the
Page 1
EXHIBIT "C"
State of Texas in beauty shops and barbershops staffed
by licensed barbers and beauticians.
MASSAGE ESTABLISHMENT: Shall mean a building, room,
,�.,>,.,
place or establishment, other than a regularly licensed
hospital , where manipulated massage services or
manipulated exercises or practices upon the human body
by anyone not a duly licensed physician, osteopath,
"�-� chiropractor or a registered nurse or licensed
vocati�nal nurse acting at the direction of a doctor
whether with or without the use of inechanical ,
therapeutic or bathing devices, and shall include
Turkish bathhouses . This term shall not include,
however, duly licensed beauty parlors and barbershops or
a place wherein registered physical therapists treat
only patients recommended by a licensed physician and
operate only under such a physician ' s direction.
(b) Notwithstanding any provision of any ordinance or any
City Code provision currently in effect in the City of
Grapevine, the operation of a massage establishment
and/or the performing of massage services permitted by
the laws of the State of Texas , shall be regulated and
governed as provided herein.
(cl The operation of a massaqe establishment and/or the
performing of massage services shall be illegal in the
City of Grapevine, unless on property zoned specifically
, for that purpose in accordance with and pursuant to
Section 49 of this Ordinance.
�- �° 6. Retail specialty and novelty establishments.
(a) DEFINITIONS : For the purpose of this paragraph, the
followinq words and phrases shall have the meanings
respectively ascribed to them by this section:
(1) The term "primarily" is defined as gross monthly
sales of special novelty items representing more
than fifty (50) percent of total sales.
(21 The term "specialty and novelty items" is defined as
follows:
a. Kits used, intended for use or designed for use
in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a
controlled substance or from a controlled
substance can be derived, as the term
"controlled substance" is defined in the state
penal code;
�,.;.,, b. Kits used, intended for use or designed for use
in manufacturing, compounding, converting,
producing, processing or preparing controlled
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EXHIBIT "C"
substances , as the term "controlled substance"
is defined in the state penal code;
�'"' c. Isomerization devices used, intended for use or
designed for use in increasing potency of any
species of plant which is controlled substance,
� as the term "controlled substance" is defined in
the state penal code;
d. Testing equipment used, intended for use or
designed for use in identifyinq or in analyzing
the strength, effectiveness or purity of
controlled substances, as the term "controlled
substance" is defined in the state penal code;
e. Scales and balances used, intended for use or
designed for use in weighing or measuring
controlled substances , as the term "controlled
substance" is defined in the state penal code;
f. Diluents and adulterants , such as quinine
hydrochloride, mannitol , mannite, dextrose and
lactose, used, intended for use or designed for
use in cutting controlled substances , as the
term "controlled substances" is defined in the
state penal code;
t,r, w q. Separation gins and sifters used, intended for
' use or designed for use in removing twigs and
seeds from, or in otherwise cleaning or refining
�- g marijuana;
h. Blenders, bowls, containers, spoons and mixing
devices used, intended for use, or designed for
use in compounding controlled substances , as the
term "controlled substances" is defined in the
state penal code;
i. Capsules, balloons , envelopes and other
containers used, intended for use or designed
for use in packaging small quantities of
controlled substances, as the term "controlled
substances" is defined in the state penal code;
j . Containers and other objects used, intended for
use or designed for use in storing or concealing
controlled substances, as the. term "controlled
substances" is defined in the state penal code;
k. Hypodermic syringes, needles and other objects
used, intended for use or designed for use in
�,,,� parenterally injecting controlled substances , as
the term "controlled substances" is defined in
the state penal code, into the human body;
1 . Objects used, intended for use or designed for
use in ingesting, inhaling or otherwise
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EXHIBIT "C"
introducing marijuana, cocaine, hashish or
hashish oil into the human body such as:
i. Metal , wooden, acrylic, glass, stone,
�-°a plastic or ceramic pipes , with or without
screens, permanent screens, hashish heads or
punctured metal bowls;
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ii. Water pipes;
iii. Carburetion tubes and devices;
iv. Smoking and carburetion masks;
v. Roach clips , meaning objects used to hold
burning material , such as a marijuana
cigarette, that has become too small or too
short to be held in the hand;
vi. Miniature cocaine spoons and cocaine vials;
vii. Chamber pipes;
viii. Electric pipes;
ix. Air-driven pipes;
x. Chillums;
xi. Bongs;
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xii. Ice pipes or chillers;
m. Wearing apparel containing obscene pictures or
words, such apparel being T-shirts, belt
buckles, jewelry or any other wearing apparel;
n. Salves , ointments, jells, creams, jellies,
lotions and oils advertised for or designed as a
sexual stimulus;
o. Magazines , books, records, cassettes, pictures,
drawings and other similar material depicting
and describing sexual conduct in a manner that
is designed for adult use and consumption;
p. Incense.
(b) COMPLIANCE WITH THIS PARAGRAPH: Notwithstanding any
provision of any ordinance or any City Code
provision currently in effect in the City of
Grapevine, the operation of a specialty and novelty
�`M°� establishment permitted by the laws of the State of
Texas , shall be regulated and governed as provided
herein.
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EXHIBIT "C"
(c1 COMPLIANCE WITH ZONING ORDINANCE: The operation of
a specialty and novelty establishment shall be
illegal in the City of Grapevine, unless on property
zoned specially for that purpose in accordance with
�� and pursuant to Section 49 of this Ordinance.
7 . Billiard table and coin-operated machines.
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(a1 DEFINITIONS:
(11 BILLIARD TABLE: Any table surrounded by a ledge or
cushion, with or without pockets, upon which balls
are impelled by a stick or cue, and where the player
thereon does not or is not required to make a coin
deposit causing an electrical connection of any
nature or kind before such game may be actually
commenced.
(21 SKILL OR COIN-OPERATED MACHINES: Means every
coin-operated machine of any kind or character
whatsoever, when such machine or machines dispense
or are used or are capable of being used or operated
for amusement or pleasure or when said machines are
operated for the purpose of dispensing or affording
skill or pleasure, or for any other purpose other
than the dispensing or vending of inerchandise, music
or service as those terms are defined in Title 122A
Taxation, General of the Laws of the State of Texas .
�,:.� The use of eight (8) or more such machines at any
one location shall constitute a principal use.
� (b) Notwithstanding any other provision of this ordinance or
of any ordinances of the City, the commercial use of
billiard tables or the commercial use of eight (8) or
more skill or coin-operated machines shall be illegal
unless the property is zoned specifically for that
purpose in accordance with and pursuant to Section 49 of
this Ordinance.
C. APPLICATION. An application for a special use permit may be
filed by the owner of, or other person having a contractual or
possessory interest in, the subject property. Any application
filed by a person who is not the owner of the property for which
the special use permit is sought shall be accompanied by
evidence of the consent of the owner.
D. CONTENTS OF APPLICATION. An application for a special use
permit shall be filed in duplicate with the Director of Public
Works , or such other official as he may designate, who shall
forward without delay one copy to the secretary of the Planning
and Zoning Commission. The application shall contain the
following information as well as such additional information as
�;�
may be prescribed by rule of the Commission or the Director of
Public Works :
1 . The applicant' s name and address and his interest in the
� subject property;
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EXHIBIT "C"
2. The owner' s name and address, if different than the
applicant, and the owner' s signed consent to the filing of
the application;
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3 . The street address and legal description of the property;
4. The zoning classification and present use of the subject
�.:� property;
5. A description of the proposed special use;
6. An application for site plan approval , as required and
defined in Section 47 of this Ordinance;
7. A statement as to why the proposed special use will not
cause substantial injury to the value, use or enjoyment of
other property in the neighborhood;
8. A statement as to how the proposed special use is to be
designed, arranged and operated in order to ensure that
development and use of neighboring property in accordance
with the applicable district regulations will not be
prevented or made unlikely, and that the value, use and
reasonable enjoyment of such property will not be impaired
or adversely affected;
9 . An identification of any potentially adverse effects that
may be associated with the proposed special use, and of the
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means proposed by the applicant to avoid, minimize or
mitigate such effects.
�:,> E. HEARING ON SPECIAL USE PERMIT APPLICATION. A public hearing on
an application for a special use permit shall be held and notice
thereof given in the manner and form required for amendments as
set out in Section 67 of this Ordinance.
F. In considering an application for a special use permit, the
Planning and Zoning Commission, and the City Council shall take
into consideration the following factors :
1. Whether the proposed special use will adversely affect the
safety of the motoring public and of pedestrians using the
facility and the area immediately surrounding the site;
2. Whether the proposed special use will adequately provide for
safety from fire hazards, and have effective measures of
fire control;
3. Whether the proposed special use will adequately protect
adjacent property from flood or water damage;
4 . Whether the proposed special use will have noise producing
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elements;
5. Whether the glare of vehicular and stationary lights will
affect the established character of the neighborhood;
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EXHIBIT "C"
6 . Whether the location, lighting and type of signs and the
relationship of signs to traffic-control is appropriate for
the site;
7. Whether such signs will have an adverse affect on adjacent
properties.
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8. Whether the street size and pavement width in the vicinity
will be adequate for traffic reasonably expected to be
generated by the proposed use;
9 . Whether the proposed special use will have any substantial
or undue adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utility facilities, and other matters affecting the public
health, safety and general welfare;
10. Whether the proposed special use will be constructed,
arranged and operated so as not to dominate the immediate
vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable
district regulations. In determining whether the proposed
special use will so dominate the immediate neighborhood,
consideration shall be given to:
(a) the location, nature and height of buildings,
structures, walls, and fences on the site; and
�'�� (b) the nature and extent of landscaping and screening on
the site.
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11 . Whether the proposed special use otherwise complies with all
applicable regulations of this Ordinance, including lot size
requirements, bulk regulations , use limitations, and
performance standards;
12. Whether the proposed special use at the specified location
will contribute to or promote the welfare or convenience of
the public;
13. Whether off-street parking and loading areas will be
provided in accordance with the standards set out in
Sections 56 and 57 of this Ordinance, and such areas will be
screened from any adjoining residential uses and located so
as to protect such residential uses from any injurious
effect;
14. Whether adequate access roads or entrance and exit drives
will be provided and will be designed so as to prevent
traffic hazards and to minimize traffic congestion in public
streets and alleys;
'"'"�� 15. Whether the proposed special use will be served adequately
by essential public facilities and services such as
highways, streets, parking spaces, police and fire
protection, drainage structures, refuse disposal , water and
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EXHIBIT "C"
sewers, and schools; or that the persons or agencies
responsible for the establishment of the proposed use will
�,,.� provide adequately for such services;
16. Whether the proposed special use will result in the
. destruction, loss or damage of any natural , scenic or
'�`v` historic feature of significant importance.
G. CONDITIONS AND RESTRICTIONS. In considering a special use
permit application, the Planning and Zoning Commission may
recommend, and the City Council may impose such conditions,
safeguards arrd restrictions upon the premises benefited by the
special use as may be necessary to avoid, minimize, or mitigate
any potentially injurious effect of such special uses upon other
property in the neighborhood, and to carry out the general
purpose and intent of this Ordinance. Such conditions shall be
set out in the Ordinance approving the special use permit.
H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS. Whenever any special
use permit authorized pursuant to this Section is made subject
to conditions to be met by the applicant, the applicant shall ,
upon meeting such conditions, file an affidavit with the
Director of Community Development so stating.
I. EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIAL USE. The issuance
of a permit for a special use shall not authorize the
establishment or extension of any use nor the development,
construction, reconstruction, alteration or moving of any
building or structure, but shall merely authorize the
preparation, filing and processing of applications for any
�° � permits or approvals which may be required by the codes and
ordinances of the City, including, but not limited to, a
building permit, a certificate of occupancy and subdivision
approval .
J. PERIOD OF VALIDITY. No special use permit shall be valid for a
period longer than one (1) year from the date on which the City
Council grants the special use, unless within such one (1) year
period: (1) a building permit is obtained and the erection or
alteration of a structure is started, or (2) an occupancy permit
is obtained and a use commenced. The City Council may grant one
additional extension not exceeding one year, upon written
application, without notice or hearing. No additional extension
shall be granted without complying with the notice and hearing
requirements for an initial application for a special use
permit.
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, EXHIBIT "D"
Sec. 61. Administration and Enforcement
A. AUTHORIZATION. The Director of Community Development of the
City of Grapevine shall be the Zoning Administrator and in that
capacity shall be authorized to expend such funds to employ
deputies and clerical assistants and to carry out the duties of
the Zoning Administrator under this Ordinance as shall be
,,�, approved from time to time by the City Council .
B. DUTIES OF THE ZONING ADMINISTRATOR. In furtherance of this �
authority and in addition to the duties designated to him under
this Ordinance and other ordinances of the City, the Zoning
Administrator or his duly desigr.ated and authorized
representative shall :
1 . Receive applications for building permits for the
construction, erection, alteration, enlaraement, and removal
of buildings, structures and signs; receive applications for
permits for the use of any premises for a parking lot, open
sales lot, or other purposes where a builc�ing permit is not
required; r.otify applicants of all City ordinances
pertaininc to said applications; issue permits applied for
as soon as practicable where the plans are found to comply
with the provisions of this Ordinance and all other City
laws and ordinances applicable thereto; make and maintain
records thereon; and in connection with such duties
interpret the provisions of this Ordinance;
2 . Receive applications for Certificates of Occupancy and
"�"� Compliance for buildinqs , structures and signs for which
building permits have been issued, and which have been
„�, constructed, erected, altered, enlarged or moved in
accordance with such permits and are ready for use and
occupancy, receive applications for Certificates of Use and
Occupancy for any premises developed or improved as a
parking lot, open sales lot or other purposes where a
building permit is not required; notify applicants of City
ordinances pertaining to said applications ; issue
Certificates of Occupancy and Compliance applied for as soon
as possible after verification of each written application;
and in connection with such duties interpret the provisions
of this Ordinance;
3 . Receive applications for approval of a Master Development
Plan pursuant to Section 46 of this Ordinance, and provide
the Planning and Zoning Commission with such clerical and
techr.ical assistance with such applications as the
Commission may require in the performance of its duties ;
4 . Receive, review, and approve, when authorized by the terms
of this Ordinance, site plans and concept plans submitted
pursuant to Section 45 and 46 of this Ordinance , and provide
clerical and technical assistance to the Planning and Zoning
�`"`" Commission in connection with site plans and concept plans
that are required by this Ordinance to be approved by the
Commission;
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EXHIBIT "D"
5. Receive applications for variances pursuant to Section 67 of
'"`�"" this Ordinance and for vested rights determinations pursuant
to Section 69 of this Ordinance;
�.:,,� 6 . Receive applications for conditional use permits and for
special use permits pursuart to Sections 48 anci 49 of this
Ordinance;
7 . Receive petitions for amendments to the text of the Zoning .
Ordinance and for the rezoning of property that is subject
to this Ordinance;
8 . Provide such clerical and technical assistance to the City
Council , Planning and Zoning Commission, and Board of
Adjustment as they may require in the performance of their
duties under this Ordir.ance;
9 . Conduct inspections of buildings, structures , and uses of
any premises to determine compliance with the terms of this
Ordinance and issue certificates of inspection where
compliance with the Ordinance. has been verified;
10. Conduct inspections of buildinas , structures, signs and uses
of any premises to determine compliance with the terms of
any application, permit or certificates issued by his
,,.:..
office;
11 . I�aintain permanent and current records of official actions
�: .> on all building permits, certificates of inspection, master
development plans, conditional uses , special uses ,
variances , vested riqhts determinations , appeals and
applications therefor and all functions of the office of
Zoning Administrator related to the administration of this
Ordinance;
12 . Prepare and have available in book, pamphlet or map form, on
or before March 1 of each year:
(a) The compiled text of the Zonina Ordinance and amendments
thereto, including all amendments adopted through the
preceding December 31 , and
(b) A zoning map or maps , showing the zoning districts ,
divisions and classifications in effect on the precedina
December 31 ;
13 . Maintain for distribution to the public a supply of copies
of the zoning map or maps , the compiled text of the Zoning
Ordinance, and the rules of the Board of Adjustment and the
Planning and Zoning Commission. A reasonable fee for each
`�' '# copy shall be charged to defray the cost of printinq.
C. INSPECTION AND RIGHT OF ENTRY. The Zoning Administrator, and
�� his duly authorized representatives , are hereby authorized to
make inspections of all buildings , structures and premises
located within the City to determine their compliance with the
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EXHIBIT "D"
provisions of this Ordinance. For the purpose of making such
inspection, the Zoning Administrator, and his authorized
representatives , are hereby authorized to examine and survey all
buildings, structures and premises within the City. Such
,,� inspections shall be made between the hours of eiqht o'clock
(8 : 00) A.M. and eight o'clock (8 : 00) P.M. on any days except
Sunday, subject to the followinq standards and conditions :
`"`�"" 1 . Such inspections may take place only if a camplair.t
respecting said premises has been received by the Zoning
Administrator and such complaint, in his opinion, provides
reasonable grounds for belief that a violation exists , or
such inspection in undertaken as part of a regular
inspection program whereby certain areas of the City are
being inspected in their entirety;
2 . Such inspection shall be made by the Zoninq Administrator or
by any duly authorized representative upon his direction;
3 . Any person making such inspection shall furnish to the owner
or occupant of the structure sought to be inspected
sufficient identification an.d information to enable the
owner or occupant to determine that he is a representative
of the City and to determine the purpose of said inspection.
The Zoning Administrator, or his duly authorized representative,
may apply to any court of competent jurisdiction for a search
warrant or other legal process for the purpose of securing entry
to any premises if the o�aner shall refuse to grant entry.
��
D. NOTICE OF VIOLATION. Whenever the Zoning Administrator, or one
of his authorized representatives , determines that there are
`"�'" reasonable grounds to believe that a violation of any provision
of this Ordir.ance exists on any parcel of land within the City,
he shall qive notice of such alleged violation to the owner or
agent or occupant of said parcel as hereinafter provided. Such
notice shall :
1 . Be in writing and include a statement of any alleqed
violations;
2 . Allow a reasonable time for tY:e correction of any violation
or the performance of any other required act;
3 . Be served upon the owner or his aqent or the occupant, as
the case may require; provided, that such notice shall be
deemed to be properly served upon such cwner or aqent, or
upon such occupant, if a copy thereof: (1) is served upon
him personally, or (2) is sent by certified mail to his last
known address; or (3) is posted in a conspicuous place in or
about the building, structure or premises affected by the
action.
�� When such an inspection of a building, structure or premises
indicates that no violations of this Ordinance exist, and that
no violations of any other ordinance administered by the Zonina
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EXHIBIT "D"
Administrator eYist, he shall cause to be issued to the owner of
said property a Certificate of Inspection attesting to the fact.
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