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HomeMy WebLinkAboutORD 1979-036 ORDINANCE NO. 79-36 AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS , SAME BEING THE COMPREHENSIVE ZONING ORDINANCE , BY AMENDING CHAPTER 14, HEIGHT, AREA AND SPACE REGULATIONS , BY ADDING SECTION 7 TO ALLOW THE PLANNING & ZONING COMMISSION TO RECOMMEND AND THE CITY otoft COUNCIL TO REQUIRE A MINIMUM FRONT YARD, REAR YARD OR SIDE YARD SET BACK GREATER THAN THAT REQUIRED AS A MINIMUM SET BACK BY THE SPECIFIC ZONING DISTRICT WHERE THE SAFETY OF THE TRAVELING PUBLIC AND THE GENERAL WELFARE , HEALTH AND MORALS OF THE COMMUNITY REQUIRE A GREATER DEPTH; AND BY AMENDING CHAPTER 17 , OPEN STORAGE AND SCREENING REGULATIONS BY ADDING SECTION 5 TO ALLOW THE PLANNING AND ZONING COMMISSION TO RECOMMEND AND THE CITY COUNCIL TO REQUIRE SCREENING OR FENCING ON ANY ZONING CHANGE IN ADDITION TO OR IN LIEU OF SCREENING OR FENCING REQUIREMENTS SET OUT SPECIFICALLY IN THE CITY CODE WHERE THE GENERAL HEALTH, WELFARE AND MORALS OF THE COMMUNITY REQUIRE SCREENING OR FENCING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ow.* GRAPEVINE , TEXAS : SECTION 1. That Title 10 , Chapter 14 of the City Code of Grapevine , Texas , be, and the same is hereby amended by adding Section 7 as follows : "10-14-7 : Required Yards : "The Planning and Zoning Commission may recommend and the City Council of the City of Grapevine, Texas , may require a minimum front yard, rear yard or side yard greater than that required as a minimum set back by the specific zoning district when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. " SECTION 2 . That Title 10 , Chapter 17 of the City Code of Grapevine, Texas , be , and the same is hereby amended by adding Section 5 as follows : "10-17-5 : Additional Screening or Fencing: "(A) The Planning and Zoning Commission may recommend and the City Council of the City of Grapevine, Texas , may require screening or fencing on any zoning change in ,,, addition to or in lieu of screening or fencing requirements set out specifically anywhere else in the City Code of Grapevine, Texas , when the nature and character of surrounding or adjacent property dictate a need to require such screening or fencing devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community. " (B) The Planning and Zoning Commission' s recommendations and the City Council ' s requirements under this section shall contain the following : 1. Specific location of fence. 2 . Height of fence. 3 . Type of construction. 4. Location of openings , if any. "(C) All fences or screening devices required to be 0P..* constructed under this section shall be completed prior to the issuance of any Certificates of Occupancy for any other building or structure on any of the property within the area of the zoning change which prompted said fence or screening requirement; unless the City Council modifies this requirement either through the zoning case itself or through subsequent formal action. " (D) All fences or screening devices required to be constructed under this section must be maintained by the owner and failure to maintain same will constitute a violation of this section. " SECTION 3 . This ordinance shall be cumulative of all other ordinances of the City of Grapevine affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. SECTION 4. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any portion of this ordinance shall be declared to be invalid, the same shall not affect the validity of the balance of this ordinance. SECTION 5 . That any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance No. 70-10 Zoning Ordinance of the City of Grapevine, Texas , same being Title 10 of the City Code of Grapevine, Texas . SECTION 6 . That fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals , peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business , property, health, safety and r general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, as provided by the Charter of the City, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS , this the 7th day of August A.D. 1979 . tamp MAYOR ATTEST : City 4-cre�=ry b APPROVED TO FORM: itifte 4.1 City Attorney