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HomeMy WebLinkAboutWS Item 02 - Amendments to Sections 12, 49 and 60Amendments to Section 12, Definitions and Section 49, Special Use Permits Relative to Public Rail Stations DRAFT SECTION 12, DEFINITIONS 121306 A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the City Council or where the context of this ordinance clearly indicates otherwise: 1 ACCESSORY BUILDING OR ACCESSORY STRUCTURE shall meanl subordinate building or structure, attached to or detached from the ma building, and customarily incidental to the principal building. 2a. ACCESSORY USE shall mean a use subordinate to and incidental to th- principal use. 2b. ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. 2c. ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial establishment which, as one of its principal business purposes, openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or 2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. 2d. ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: MMEM 091906 Section 12 DRAFT SECTION 12, DEFINITIONS 121306 2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or 3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 2e. ADULT MOTEL means a hotel, motel or similar commercial establishment which: Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or 3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. 2f. ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 2g. ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. 3. AIRPORT shall mean a landing facility for aircraft approved by the United States Federal Aviation Agency. 4. ALCOHOLIC BEVERAGE shall mean alcohol and any beverage containing more than one-half of one percent of alcohol by volume which is capable of 60TWENK 2 DRAFT SECTION 12, DEFINITIONS 121306 use for beverage purposes, either alone or when diluted. 5. ALLEY shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 6. • -• shall mean a lot, tract or parcel of land, or a improvement thereon, either temporary or permanent, used in whole or part for the operation and maintenance of any game of skill or chance, a circus, carnival, any riding device or devices, stationary or movable, or a combination thereof, or any animal, any of which is operated for a profit.] 7. APARTMENT shall mean a room or suite of rooms arranged, designed occupied as a residence by a single family, individual • group of individual 8. APARTMENT HOUSE shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 9. AREA OF LOT shall mean the net area of the lot and shall not include portions of streets and alleys. 10. ATTACHED shall mean physical connection above the top of the floor line of the first floor. 10a. AUTOMOBILE IMPOUND shall mean a business which provides service of towing, moving or removing wrecked or disabled vehicles for the sole purpose of temporarily storing such wrecked or disabled vehicle. The impound may be used only for temporarily storing wrecked or disabled vehicles and shall not be used for salvaging or scrap, or selling of second- hand parts or selling wrecked or disabled vehicles. 1. AUTOMOTIVE REPAIR GARAGE. A garage or portion thereof in which automotive repair and maintenance takes place, including, but not limited to, automotive mechanical work and automotive •t•` work, • excluding the outdoor storage of automotive parts or inoperative automobiles. 12. BREW PUB is defined in accordance with the definition contained in the Texas Alcoholic Beverage Code, as from time to time amended, and as Section 12 3 SECTION 12, DEFINITIONLq ;M defined at the time of passage of this ordinance, in Title 3, Subtitle B, Chapter 74 of the Texas Alcoholic Beverage Code. All authorized activities, requirements and limitations contained within said Chapter 74, as from time to time amended, are hereby incorporated in the body of this ordinance by reference as if copied in their entirety, provided brew pubs shall be authorized and permitted uses in any commercial zoning category zoned for that purpose pursuant to Section 48. This definition of brew pub applies to Chapter 4 of the City Code and throughout the City's applicable ordinances and Code. 13-28. RESERVED FOR FUTURE USE. 29. BASEMENT shall be defined in the Grapevine Building Code, Chapter Definitions and Abbreviations. i 29a. BED AND BREAKFAST FACILITY shall mean an accessory use to a single- family dwelling unit in which no more than twelve (12) rooms in the principal residential structure are set aside for guest clients; breakfast is available on- site to only such guest clients at no extra cost; length of stay of guest clients ranges from one (1) to thirty (30) days; and the owner/operator of the principal structure resides on-site. Bed and breakfast homestay does not include uses such as motels, hotels, community residential homes, boarding or lodging houses, apartment dwellings, guest cottages or single-family dwelling transient rental. 30. BEDROOMS shall mean a room in an apartment other than a kitchen, dining room, living room, bathroom, or closet. This definition shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms, or similar extra rooms, all of which are capable of being used as bedrooms. 31. BLIND FENCE OR WALL shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 32. BLOCK shall mean an area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 33. BREEZEWAY shall mean a covered one story in height connecting a main structure and an accessory building. Asum .19 Section 12 DRAFT SECTION 12, DEFINITIONS 121306 34. BUILDING shall mean any structure built for the support, shelter and enclosure of persons, animals, chattels, or moveable property of any kind. 35. BUILDING LINE shall mean a line parallel or approximately parallel to th4 street line and beyond which building may not • -• 36. BUSINESS SERVICE shall mean a • use, •i than retail sales and professional services, devoted • (a) The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. (b) The instruction, training, or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. (c) The providing of temporary abodes for transient persons, such as a hotel or motel. (d) The providing of food, drink or entertainment to persons. 60. CARNIVAL OR CIRCUS shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure oi installation. 61. CHURCH shall mean any building, place, or structure(s) owned and/or used by religious organizations or congregations and providing religious worship, religious training, or education of its members. This definition includes accessory uses such as rectories, convents, monasteries or other congregate residences for the housing of religious organization personnel, meeting halls, offices for administration of the institution, day care facilities, education or schools, recreation associated with schools or day care facilities which are associated or affiliated with a church. 091906 Section 12 5 DRAFT SECTION 12, DEFINITIONS 121306 62. CLINIC shall mean an institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. 63. CLUB shall mean an association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. 64. COMMERCIAL shall mean any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. 65. COMMERCIAL AMUSEMENT shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 65a. COMMERCIAL LAUNDRY shall mean a heavy commercial service in which items such as clothes and linens are cleaned. This definition includes cleaning for hospitals, restaurants, hotels and diaper cleaning services as well as rug and dry cleaning plants where on -premise retail services to individual households are incidental to the operation of the plant. A commercial laundry plant shall exceed (5,000) five thousand square feet of floor area and no plant containing less than five thousand (5,000) square feet shall be considered a commercial laundry. 66. CONDOMINIUM means the separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301 a Texas Revised Civil Statutes Annotated. 67. CONVALESCENT HOME shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 68. CORNER LOT shall mean a lot situated at the junction of two (2) or more streets. 69. COUNTRY CLUB shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar Section 12 R --, N DRAFT SECTION 12, DEFINITIONS 121306 recreational facilities and services. 70. CUSTOMARY HOME OCCUPATION shall mean an occupation customari carried • in the • by a member of the occupant's family pn I (a) The home occupation shall •- clearly secondary to the •- use •' the dwelling and there may •- no •- • the home occupation ble '• the neighborhood. (b) There shall be no structural alteration to the premises/building or any of its rooms, which changes the residential character of the dwelling. (c) There shall be no installation of machinery or additional equipment other than customary to household operations. (d) No person other than a member of the family of the owner or the resident of the dwelling shall be employed or work in such home occupation and such employees must also be occupants of the residence. (e) A home occupation may not create noise, vibration, glare, fumes, odors, or electrical interference which is detectable off of the premises, and may not cause visual or audible interference in radio or television receivers or fluctuations in line voltage off of the premises. (f) A home occupation must • carried • • within the principal dwelling, and not in an accessory building. (g) No signs or displays advertising the home occupation may be placed on the property where the home occupation is conducted. (h) Any activity conducted on the premises shall be of such a nature as to not appreciably increase the vehicular traffic or pedestrian activity in the neighborhood, and shall not encourage queues, browsing of displays, or any similar activity. (i) Outside storage of merchandise or equipment is prohibited. Parking • the home occupation must be provided • a paved surface off of the street and not in a required front yard. 091906 Section 12 7 DRAFT SECTION 12, DEFINITIONS 121306 (k) A customary home occupation shall not include the physical or medical treatment of persons or animals, retail sales, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting. (1) Sales of motor vehicles shall be limited to a maximum of two vehicles per calendar year. 71-91. RESERVED FOR FUTURE USE. 92. DAY CARE ACTIVITY SPACE shall mean an area or rooms used for children's activities including those separate • a group's •t excluding day care single use areas which include, but are not limited to, bathrooms, hallways, storage rooms, cooking areas •` kitchens, and ••• swimming ••• 93. DAY NURSERY shall mean a place where children are left for care betwe the hours • 6:00 A.M. and 12:00 midnight. I 93a. DENSITY shall mean the measure of the degree to which land is filled with residential units designed to accommodate a family group. Measurement excludes public or private streets in calculating density per acre. t4. DEPTH OF FRONT YARD shall mean the minimum • from the fro lot line to the front line • a • i 95. DEPTH OF LOT shall be defined as the mean horizontal distance between the front and rear lot lines. 96. DEPTH OF REAR YARD shall be defined as the mean horizontal distance •' the rear line • a building other than an accessory building and the rear lot line. 97. DETACHED shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure. 98. DISTRICT shall mean a section of the City of Grapevine for which the regulations governing the area, height and use of building are uniform. L;j DRAFT SECTION 12, DEFINITIONS 121306 99. DUPLEX shall mean a detached building having separate accommodatio •, • (2) •- dwellings • occupied by two (2) families. I 100. DWELLING shall mean an enclosed building or portion thereof having accommodations for • • family • occupied • • family. 101. EFFICIENCY APARTMENT shall mean a dwelling unit in a multifamily structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred (600) square feet of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 121. ENCLOSED BUILDING shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air. 137. ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 138. ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration. 111, 1� iiiiiiiiiii !11 !111 IIIIIJIII�! !1111111111111;'11 1 NO III, I 1 1111111 1 The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business, whether or not a sexually 091906 Section 12 9 DRAFT SECTION 12, DEFINITIONS 121306 oriented business, to a sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. 140. FAMILY shall mean any number of individuals living together as a single housekeeping unit interdependent upon one another. 141. FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings, computed as follows: (a) FOR DETERMINING FLOOR AREA RATIO: The sum of the following areas: (1) the basement floor area when more than one-half (1/2) of the basement height is above the finished lot grade level where curb level has not been established; (2) elevator shafts and stairwells at each floor; (3) floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof); (4) penthouses; (5) attic space having headroom of seven (7) feet, ten (10) inches or more; (6) interior balconies and mezzanines; (7) enclosed porches; (8) floor area devoted to accessory uses; and (9) space devoted to off-street parking, aisles and ramps when it is located in a parking structure. Space devoted to off-street loading shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten (10) feet of height, or fraction thereof, as being equal to one (1) floor. (b) FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS: The sum of the following areas (1) floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; (2) any basement floor area devoted to retailing activities; and (3) floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street Section 12 BEI DRAFT SECTION 12, DEFINITIONS 121306 parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices. 142. FLOOR AREA RATIO (F.A.R.): The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot. 143. FIRST FLOOR shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than fifty (50) percent below grade and the top of the floor being no higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor. 143a. FLOOR - LEVEL - Any occupiable or usable floor space including mechanical rooms, storage areas, and expansion space. Floor Levels may have elevation changes not to exceed 24 inches. 144. FOUR -UNIT APARTMENT HOUSE shall mean a detached building containing four (4) single-family attached dwellings. 145. FRONT YARD shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. On a cul-de-sac, as that term is defined in the city's subdivision rules and regulations, the front building line is to be determined by establishing a thirty- foot setback from the front property pins on the front property or lot lines. A chord connecting these two (2) points shall be the front building line. Where a front property line has a curved section and a straight section, the front building line shall be determined by establishing a thirty-foot setback on the side property lines, thirty (30) feet from the property pins. A line perpendicular to the straight section will be established at the property pin where the curve begins. A point will be established on this line thirty (30) feet Section 12 if DRAFT SECTION 12, DEFINITIONS 121306 behind the property pin. The building line will be established by connecting these two (2) points. The term "property pins" refers to the front corners of the property contiguous to the street right-of-way as shown on the subdivision. 146. FREIGHT FORWARDING WAREHOUSES shall mean warehouses engaged in the storage of goods in transit which are under the control of a direct air or transport carrier or an agency responsible for the transportation of goods via any such carrier. i E VAN MOMOM MA 168a. GARAGE, FRONT ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line. 168b. GARAGE, REAR ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area. 169. GARAGE, PUBLIC STORAGE OR PUBLIC STORAGE GARAGE, shall mean a building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one -ton capacity only, where the rental of space is on an hourly, weekly or monthly basis. 170. GASOLINE SERVICE STATION shall mean a place or establishment where gasoline, oil, grease, or motor vehicle accessories are sold, supplied or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles. 171a. GRADE shall mean the finished ground level adjoining the building at all exterior walls. 171 b. GRADE PLANE shall mean a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference Section 12 12 111-1 N DRAFT SECTION 12, DEFINITIONS 121306 i plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) foot (1829 mm) from the building between the structure and a point six (6) foot (1829 mm) from the building. 172. GRAPHIC PLAN shall mean a map indicating the proposed areas of common land usage by generalized drawing. 173. GUEST HOUSE shall mean a secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 174. GROSS LEASABLE AREA (GLA) shall mean the total floor area designed for the tenant's occupancy and exclusive use, including basements, mezzanines or upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas and integral stock areas. Gross leasable area does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or enclosed mall area. 193. HALF STORY shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story. 194. HALF -WAY HOUSE shall mean an institution for criminal rehabilitation. 195. HEIGHT, BUILDING shall mean the vertical distance from grade plane to the average height of the highest roof surface, if a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height. 196. HOSPITAL shall mean an institution or place where sick or injured in -patients are given medical or surgical care, at either public or private expense, but 091906 Section 12 13 DRAFT SECTION 12, DEFINITIONS 121306 excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis. 197. HOTEL OR MOTEL shall mean a building or arrangement of buildings, in which there are thirteen or more guestrooms used, designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singly for hire, in which there are not provisions for cooking in individual rooms or apartments. Access to guest rooms shall be restricted exclusively to interior corridors. These corridors shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. 198. HELIPORT shall mean an area of land orwater or a structural surface which is used, or intended for use, for the landing and taking -off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. 199. HELISTOP shall mean the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted. 200. 1 N N shall mean an establishment for the lodging and entertaining of travelers limited to a maximum of twenty rooms with a minimum floor area of 380 square feet per room. 210. KINDERGARTEN shall mean school for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 221. LOT shall mean a tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. 222. LOT, FLAG shall mean a lot which is platted such that a portion of the lot is behind and a portion is beside an adjacent lot, fronts on the same right -of - Section 12 14 DRAFT SECTION 12, DEFINITIONS 12130 way or dedicated easement as the adjacent lot, and does not meet the minimum lot width at the required minimum front building setback line for the zoning district in which it is located. Such flag lots shall be prohibited in the "R-20" Single Family District, "R-12.5" Single Family District, " R-7.5" Single Family District, "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R- 3.75" Three and Four Family District, and "R-TH" Townhouse District. 223. LOT COVERAGE• of •t upon which is placed building, • • • or other 224. LOT OF RECORD shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Tarrant County, Texas, or a parcel of land, the deed of which was recorded in the office of the county clerk of Tarrant County, Texas, prior to the effective date of this ordinance. 248. MANUFACTURED PLANT shall mean an establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants. 249. MECHANICAL EQUIPMENT shall mean any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horsepower or more. 250. MINIMUM SQUARE FOOTAGE OF DWELLING UNIT shall mean the minimum square footage of • space required per dwelling unit, excluding porches,patios,or designated for automobile parking. 251. MOBILE HOME shall mean any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks, or skirtings so arranged as to be integral to or portable by the vehicle, and shall include self- propelled and non self-propelled vehicles so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons. 10 .i'0 15 Section 12 IBIZI-11 SECTION 12, DEFINITION 12131 252. MOBILE HOME SUBDIVISION shall mean any lot, tract or parcel of land used in whole or in part for the parking of mobile homes used for or to be used as a temporary or permanent dwelling or sleeping place for one or more persons by the day or week, or for a longer period of time with or without compensation and where parking facilities are provided for one or more automobiles and mobile homes to be used for temporary or permanent dwellings. 253. MODULAR HOME shall mean a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 254. MOTOR FREIGHT TERMINAL shall mean an establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to bit transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation. 255. MULTIFAMILT DWELLING shall mean a building or buildings containing aggregating more than four single-family dwelling units. I • _I 10LIA11L 276. NEW CAR SHOWROOM shall mean an establishment of a dealer of new automobiles, authorized by the manufacturer of the automobiles. 277. NONCOMMERCIAL shall pertain to an enterprise which provides goods and/or services only to its own members, stockholders or shareholders and their guest, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment. 091906 Section 12 16 DRAFT 278. NONCONFORMING USE shall mean a building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. ik78a. NUDE MODEL STUDIO means any place where a person who appears state of nudity or seminudity or displays specified anatomical areas is provided, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. k," 7 8 b. (NUDITY or a STATE OF NUDITY means and includes either of the followinT. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or 2. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast. 279. NURSING HOME shall mean an institution where persons suffering from generally permanent types of illness, injury, deformity, deficiency of age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the City of Grapevine. 300. OFF-STREET PARKING shall mean asphalt or concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. The minimum required off-street parking shall be provided to patrons of the associated use free of charge, unless approved with a Special Use Permit in accordance with Section 49 of this ordinance. 302. OPEN SPACE shall be all land designated for the recreational enjoyment and/or natural beauty of area. 9910900MUE Eli W I 00 DOW43991011W 101RUX#11 •IIIIINL*1 'We 091906 Section 12 17 '1' to the public at the site upon which the signboard is located. OUTSIDE STORAGE shall mean the storage of commodities, goods and/or refuse outside of an enclosed building. OCCUPANCY shall mean the purpose or activity for which a piece of land or its building, part thereof, is used or intended to be used. 324. PERIMETER PLAN shall mean a map indicating the propose� �reas Q I common land usage on a tract of land three hundred (300) feet in ep adjacent to and within the total perimeter of the district. I 324a. PERSON means an individual, proprietorship, trust, partnership, corporation, association, or other legal entity. 325. PREMISES shall mean a piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent, by virtue of different ownership, rental, lease, usage or occupancy. 326. PRINCIPAL STRUCTURE shall mean a building or structure, the use of which is a principal use. 327. PRINCIPAL USE shall mean a use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 328. PRIVATE shall mean the exclusion of those who have not been invited. 329. PRIVATE CLUB shall mean a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 330. PROFESSIONAL SERVICE shall mean work performed by a member of 2 -- profession licensed as a profession by the State of Texas. 331. PUBLIC shall mean promotion of a public cause or service, including utilities having a franchise from the City of Grapevine, but excluding other profit- making organizations. Section 12 DRAFT SECTION 12, DEFINITIONS 121306 332. PLANNED COMMERCIAL CENTER shall mean a center consisting of one, (1) or more lots having a total site area of a minimum of five (5) acres with a combination of permitted and conditional uses in the zoning district for which the zoning application is made. 333. PERSONAL CARE FACILITY shall mean an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only. 334. PLANNED BUSINESS PARK shall mean a center consisting of one, (1) or more lots having a total site area of a minimum of five (5) acres with a combination of the permitted and conditional uses of the Business Park District. 360. RAILROAD EQUIPMENT STORAGE YARDS shall mean a place forth,. - storage of railway cars, boxcars and engines and related equipment. 361. RAILWAY FREIGHT STATION shall mean an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars, and engines. 362. REAR YARD shall mean a space unoccupied by a principal structure ice DRAFT SECTION 12, DEFINITIONS 121306 extending for the full width of the lot between a principal structure and the rear lot line. 363. RELIGIOUS INSTITUTION shall be held to include a church as defined herein. 364. RETAIL SALES shall mean the regular sale of general merchandise from existing, on-site inventory to the general public for direct use or consumption. 365. RETAIL STORE shall mean a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. 366. REVERSE FRONTAGE LOT shall mean a corner lot, the rear of which abul" the side • another lot. I 389. SALVAGE YARD shall mean the outside storage of refuse and the recovery of usable portions of same. 390. SCREENING shall mean a wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. Any wall or fence constructed to comply with any screening provision specified within this ordinance shall be in accordance with the provisions of Section 50 of this ordinance. 390a. SEMINUDE means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. 391. SERVANTS' QUARTERS shall mean an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. 391a. SEXUAL ENCOUNTER CENTER means a business or commercial 091906 Section 12 20 SECTION 12, DEFINITIONS 121306 enterprise that, as one of its primary business purposes, offers for any form of consideration: I Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 2. Activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or seminudity. 391 b. SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center, as such terms are defined herein. 392. SIDE YARD shall mean an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. 393. SINGLE-FAMILY ATTACHED DWELLING shall mean a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 394. SINGLE-FAMILY DETACHED DWELLING shall mean an enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 394a. SPECIFIED ANATOMICAL AREAS means human genitals in a state I sexualarousal. I N®R 12�211 i� I ffijT:ffr:ff9 The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including Section 12 a DRAFT SECTION 12, DEFINITIONS 121306 intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in 1. through 3. above. 395. STORAGE shall mean a space or place for storing and safekeeping of goods in a warehouse or other depository. 396a. STORY shall mean the portion of the building included between the upper surface of a floor and the upper surface of the floor or roof next above. 396b. STORY, ABOVE GROUND shall mean any story having its finished flo(M surface entirely above grade, except that a basement shall be considered -M a story above grade where the finished surface of the floor above th basement 2. More than six (6) feet (1829 mm) above the finished ground level for more than 50 percent of the total building perimeter. 3. More than twelve (12) feet (3658 mm) above the finished ground level at any point. 397. STREET shall mean any public thoroughfare dedicated to the public and not designated as an alley. 4 simile Is] 11.41 0 0 399. STRUCTURAL ALTERATIONS shall mean any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. 400. STRUCTURE shall mean any building, construction, facility or edifice including, but not limited to an underground or overground utility line, drainage facility, fence, street, or runway. WMINSTIMI M DRAFT • 12, DEFINITIONS cr• 423. TOWING SERVICE shall mean an accessory use which provides the service of towing, moving or removing wrecked or disabled vehicles for the sole purpose of repairing such wrecked or disabled vehicle in conjunction with a permitted or conditional use. 424. TOWNHOUSE shall mean a single-family attached dwelling unit on a -•. platted • which is joined at • dwelling unit on •` • more •- by a •. wall • abutting walls and occupied • not more than • family. 425. TRIPLEX shall mean a detached building containing three (3) single-family attached dwelling units. 426. USE shall mean the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained. 430. VINEYARD shall mean the cultivation or planting of grapes. 446. WAREHOUSING shall mean storage in an enclosed building five thousand (5,000) square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including freight forwarding warehouses, motor terminal facilities or railway freight station facilities. 447. WHOLESALE BUSINESS shall mean a commercial use devoted to the sale of goods and commodities in large lots to retail outlets and store and manufacturers. 448a. WIDTH OF LOT shall mean the distance between the side property lines measured at a required building setback line, measuring parallel to the front property line, perpendicular to the side property line. At no time, however, shall the front property line be less than twenty (20) feet. 448b. WIDTH OF LOT, CUL-DE-SAC, shall mean the distance between the side 091906 Section 12 23 DRAFT SECTION 12, DEFINITIONS 121306 property lines measured at a required building setback line, measuring parallel to a perpendicular line bisecting the angle between two (2) side property lines. At no time, however, shall the front property line be less than twenty (20) feet. A cul-de-sac street, one end of which is closed and consists of a circular turn around. 449. WIDTH OF SIDE YARD shall mean the least distance between a side wall of a building and the side line of the lot. 450. WINERY, shall mean the manufacturing, bottling, labeling and packaging of wine containing not more than twenty-four (24) percent alcohol by volume from grapes, fruits and berries grown on -premise or imported, and to include the manufacturing and importation of grape brandy for fortifying purposes only. Wine sales may be to holders of wholesaler's permits, winery permits, wine bottlers permits. Retail sales to ultimate consumers in unbroken packages for off -premise consumption may not exceed an amount of 25,000 gallons annually. A winery may include the following accessory uses; a tasting room to dispense wine for on -premise consumption; meeting/banquet facilities; restaurants and retail sales area of wine for off -premise consumption. B. AMENDMENTS TO THE DEFINITIONS in this section, or additional definitions to be added to this section, may be made by the City Council of the City of Grapevine after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the City Council, as provided by law. Public hearings before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the City of Grapevine, of the time and place of such hearing at least ten (10) days prior to the date of such hearing. 11141 WIN a] Section 12 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 illillillillilli:ililillitim� • 7W A. PURPOSE: The Special Use Permits 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 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 of 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 Zoning 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 cause 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. 1 Communication Uses: Notwithstanding any other provision of this Ordinance the following communication uses shall be regulated and governed by the following use regulations and requirements: a. EXCEPTIONS: Communication uses shall be required to plat the property as required by Section 47, Site Plans, but shall not be required to meet the minimum lot size, width or depth and area requirements as regulated in the specific zoning district. For requests relative to communication uses that will be located on existing structures with associated cabinetry/equipment located underground or on/within an existing cabinet area/structure, or for the reconstruction of existing towers or monopoles with no increase in height, said request, upon review by the Director of Development Services may be considered a permitted use to be administratively reviewed and approved under the authority of the Director of Development Services pursuant to Section 47, Site Plan Review. b. DEFINITIONS: For the purpose of this Ordinance, the following 062006 1 Section 49 SECTION 49, SPECIAL USE PERMITS 0f: words and phrases shall have the meaning ascribed to them as follows with the exception of Chapter 7, Article XII, Grapevine Code of Ordinances: (1) ANTENNA or ANTENNA ARRAY means the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas). (2) ANTENNA SUPPORT STRUCTURE means any tower, mast, monopole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television or microwave signal. (3) MICROWAVE REFLECTOR/ANTENNA means an apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. This definition is meant to include, but is not limited to, what are commonly referred to as satellite receive only earth stations (T.V.R.O.S.) or satellite dishes. (4) COMMERCIAL COMMUNICATIONS OPERATIONS means the transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain. C. Antenna support structures utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal such as a tower, mast, monopole, tripod, box frame, or other structures in any residential, commercial or industrial district. One accessory equipment building is allowed per antenna support structure. d. Microwave reflectors/antennas and receivers and antenna support structures in any district. One accessory equipment building is allowed per antenna support structure. e. A commercial antenna may be attached to an existing utility structure, electrical transmission/distribution tower, or elevated water storage tank exceeding 75 feet in height, provided that the antenna does not extend more than 10 feet above the height of the utility structure. One 062006 2 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 accessory equipment building is allowed per utility structure. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height. All • signs, .• lights and attachments • than those required for communications operations, structural stability, or as required • • • by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited on any antenna or antenna support structure. 2. Public utility distribution facilities and equipment in any district. 3. Amusement and video game arcades. 4. Massage establishments. (a) DEFINITIONS: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: 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 vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, 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. MASSAGE SERVICES: Means any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being, eitherwith 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 "massage service" shall not include massage services authorized by the State of Texas in establishments licensed by the State of Texas in beauty shops and barbershops staffed by licensed barbers and beauticians. 062006 3 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 (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. (c) The operation of a massage 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. 5. Retail specialty and novelty establishments: (a) DEFINITIONS: For the purpose of this paragraph, the following 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. (2) 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 which 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 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 a controlled substance, as the term "controlled substance" is defined in the state penal code; 062006 4 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 d. Testing equipment used, intended for use or designed for use in identifying 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; 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; g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining 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; 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 062006 5 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 substances" is defined in the state penal code, into the human body: I. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; ii. Water pipes; iii. Carburation tubes and devices; iv. Smoking and carburation 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; A. Bongs; xii. Ice pipes or chillers; M. Wearing apparel containing obscene pictures orwords, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel; 062006 6 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 n. Salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus; 0. 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 establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. (c) 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. 6. Billiard table and coin-operated machines: OJERNMARIEM (1) 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. (2) 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 merchandise, 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 062006 7 Section 49 SECTION .• SPECIAL USE • 121306 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. 7. Sexually Oriented Business: (a) A sexually oriented business shall be permitted use only in Light Industrial Districts and in Planned Industrial Development Districts and only upon the issuance of a Special Use Permit in accordance with and pursuant to the provisions of this Section 49. A sexually oriented business shall not be located within one thousand (1,000) feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use. (b) A sexually oriented business shall comply with the requirements of Chapter 14, Article V of the City Code and shall be regulated and '• as provided therein. 9. Heliports in the CC, HC, HCO, LI, and GU Zoning Districts. 10. Group Care Homes for the Mentally Retarded, Abused Women, and Physical and Psychiatric Rehabilitation in any district, except for R-7.5, R-12.5, and R- 20 Single Family Districts. Half -way houses or criminal correction facilities shall not be permitted in any district, except as provided for in Section 38, Governmental Use District. 11. Bed and Breakfast facility in any designated Historic Landmark Subdistrict. 12. Gas and oil well drilling and production in any nonresidential district. (a) DEFINITION: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this section. 062006 8 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 (1) NEIGHBORHOOD DAY CARE CENTER shall mean a pla where children are left for care in the R-7.5, R-5.0, R-3.5,• R-MODH, and R-TH districts. The lot on whi the neighborhood day care center is located must front upo street designated as a type A, B, C, D, or E thoroughfare o the Grapevine Thoroughfare Plan. (b) The following minimum design requirements shall be required for Neighborhood Day Care Centers permitted as a Special Use. (1) Lots for Neighborhood Day Care Centers permitted as a special use shall have a minimum lot area of one (1) acre. (2) Width of lot, feet - 150. (3) Depth of lot, feet - 175. (4) A landscape plan, meeting the requirements of Section 53. (5) Required 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 in accordance with Section 53 of this ordinance. (6) Garbage storage shall be screened on all four sides by a solid wooden or masonry fence and located on a concrete pad not less than fifty (50) feet to any adjoining property. 14. CHURCHES (a) Churches that exceed the maximum height regulation established for the zoning district in which they are listed as a permitted or conditional use. All other district regulations shall apply. (b) Churches, in the following zoning districts: "LB" Limited Business District, "GV" Grapevine Vintage District, "CN" Neighborhood Commercial District, "CC" Community Commercial District, "HC" Highway Commercial District, "PO" Professional Office District, "CBD" Central Business District, "HG7 Historic Grapevine Township District, "WB0" Hotel Corporate Office District, "RA" Recreational Amusement District, "Ll" Light Industrial District, "BP" Business Park District, "PCD" 062006 9 Section 49 DRAFT SECTION 49, SPECIAL USE PERMITS 121306 Planned Commerce Development District, "PID" Planned Industrial Development District, and "GU" Governmental Use District. 15. Off-street parking lots, accommodating a permitted or conditional use within the "LB" Limited Business District, "GV" Grapevine Vintage District, "CN" Neighborhood Commercial District, "CC" Community Commercial District, "HC" Highway Commercial District, "PO" Professional Office District, "CBD" Central Business District, "HGT" Historic Grapevine Township District, "HCO" Hotel and Corporate Office District, "RA" Recreation/Amusement District, "Ll" Light Industrial District, "BP" Business Park District, "PCD" Planned Commerce Development District, and "PID" Planned Industrial Development District, which require any payment for parking. (a) EXCEPTIONS: The following uses shall be exempt from the requirements of this section. (1) Valet parking services. 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 with the Director of Development Services, or such other official as he may designate. 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 Development Services. 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 signed consent to the filing of the application; 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; 062006 10 Section 49 ry DRAFT SECTION 49, SPECIAL USE PERMITS 121306 "�� 1 1: 2011 11 :! I•I . 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 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. For applications involving minor modifications to previously approved Special Use Permits, the Director of Development Services may present the application to a Site Plan Review Committee consisting of a member of the Planning and Zoning Commission (appointed by the Commission Chairman), the City Council Representative to the Planning and Zoning Commission, and the Director of Development Services, which shall determine if the proposed modification(s) are such that a public hearing before the Planning and Zoning Commission and the City Council is or is not warranted. If the Site Plan Review Committee determines that a public hearing is not warranted, the application will be reviewed and approved administratively under the authority of the Site Plan Review Committee. For administratively approved modifications to a previously approved Special Use Permit, the full application fee shall be retained by the City. 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: 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; 062006 11 Section 49 2. Whether the proposed Special Use will adequately provide for safety from fire hazards, and have effective measure 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 elements; 5. Whether the glare of vehicular and stationary lights will effect the established character of the neighborhood; 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 effect on adjacent properties; 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. 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; 062006 12 Section 49 DRAFT 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 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 historic feature of significant importance. 17. Whether the Director of Development Services has approved the detailed landscaping plan as having met the provisions of Section 53. 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 and 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 Development Services 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. 062006 13 Section 49 • 49, SPECIAL USE • 12130f 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 (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 Special Use Permit. 062006 14 Section 49 TO: FROM: HONORABLE MAYOR AND CITY COUNCIL MEMBERS BRUNO RUMBELOW, CITY MANAGER V& SCOTT WILLIAMS, ACTING DEVELOPMENT SERVICES DIRECTOR I t4 XCIVI W_"Ig [O]JI, &I SojQ W1111 gk• Staff recommends the City Council consider the amendments to Section 60, Sign Regulations, and authorize a public hearing for same. At the September 19, 2006 public hearing, Dan Truex, Development Manager, delivered a presentation summarizing his study of office vacancies in Grapevine. One of the items identified by some City Council Members in this presentation was a concern regarding real estate signs. Many properties have few if any vacancies, yet have real estate signage on the property. This practice gives the appearance that there is much mor- •- - pevine than there actually is. As a result of input from City Council at previous workshops, Staff has proposed amendments to the sign ordinance that would require all permits for real estate signs exceeding eight square feet in area to be accompanied by a notarized affidavit stating that the building is less than 100% occupied, excluding common areas. The amendment would also require removal of real estate signs when 100% of a building is occupied, excluding common areas. This permit may be renewed annually upon submittal of a renewal fee and a notarized affidavit certifying that the building is less than 100% occupied, excluding common areas. A provision has also been made to allow real estate signs to be placed ,#)n properties with vacancies to occur within 30 days, again by submitting a notarized 2ffidavit. Staff has never required permits for small real estate signs less than eight square feet area. However, the zoning ordinance has not provided a distinction between different siz of real estate signs. Staff has proposed an exception to allow real estate signs less th eight square feet to be placed without permits. This would allow properties to .d - • upcoming vacancies that are more than 30 days from occurring. I \\SATACHXCHDATA\CITYWIDE\AGENDA\01 -1 6-07\Section60,011607.doc 01111i These amendments should help to restrict the practice of placing large real estate signs on property that is fully (or almost fully) leased, and lessen their visual impact by reducing size and area. K \\SATAC H\C H DATA\C ITYW I DE\AGE N DA\01-1 6-07\Section60.011607.doc 01/11) DRAFT SECTION 60, SIGN REGULATIONS 010207 Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards: A. SIGN PERMITS. No sign, except for signs listed in Section 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section 60. a. NAMEPLATE SIGNS. A permanent sign affixed to the exteriorwall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, where applicable, a professional status. b. ON -PREMISE SIGNS. A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. C. DEVELOPMENT SIGNS. A temporary sign identifying the developing tract of land on which it is located. In residential districts, said sign shall be removed after four (4) years, or when ninety (90) percent of 032106 Section 60 7 1 INIMAM111 • •1 SIGN REGULATIONS 010207 the lots are sold, whichever occurs first. In all other zoning districts, said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. CONSTRUCTION SIGNS. A temporary sign containing the names of architects, engineers, landscape architects, contractors, and similar artisans involved in the design and construction of a structure or project. This temporary sign may be located only on the premises on which the construction is taking place and only during the period when construction is taking place. Said sign shall be removed prior to the issuance of the first Certificate of Occupancy. e. REAL ESTATE SIGNS. A temporary sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Said sign shall be removed upon the sale or lease of the property. Real Estate signs advertising the lease or rent of buildings or space within buildings shall comply with the following reaullations. P! p�I�I'1111I�i 11111111 • li 1 hund red (100) .• occupied. This Percentaae shall be exclusive • common areas. 7FM1r'71MT1#T=- � MINOR MR . • K Section 60 DRAFT SECTION 60, SIGN REGULATIONS 010207 • mffclffll occupied, excludina �ommon areas. f. POLITICAL SIGNS. A temporary sign meeting the requirements of Chapter 20, Article 11, Division 3 of the Grapevine Code of Ordinances. g. SUBDIVISION SIGNS. A sign identifying a subdivision on which it is located. The subdivision sign shall not be located in any right-of-way or easement in the subdivision. h. TEMPORARY DIRECTIONAL SIGNS: A temporary sign permitted for a period of two years, directing attention to the location of a developing subdivision located in Grapevine that is zoned R-7.5, R- 12.5, R-20 or R-5.0. Said sign shall not be located in any right-of-way or easement. a. AWNING, CANOPY AND MARQUEE SIGNS. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Ordinance. No such sign shall project above, below, or beyond the physical dimensions of the awning, canopy or marquee. b. GROUND SIGNS. A sign, except a portable sign, permanently placed upon, or supported by the ground independent of the principal building or structure on the property, the top edge of which sign is no more than six (6) feet above ground level, except ground signs in the HGT District shall be three (3) feet above ground level. All ground signs must conform to the following regulations: (1) Sign support shall be masonry, non -decaying wood, or 032106 Section 60 3 032106 SECTION 60, SIGN REGULATIONS 010207 structural steel tubing. (2) Sign face shall be non -decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors. (3) Maximum gross surface area: Sixty (60) square feet, except signs in the HGT District shall be nine (9) square feet. (4) Ground Sign Conditional Uses: The following Conditional Uses may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued: Sign face with changeable copy. (5) Ground Signs in the BP Business Park District: Maximum sign height: Ten (10) feet Maximum gross surface area: Two hundred (200) square feet. iii. Changeable Copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. C. MONUMENT SIGNS. A sign permanently placed upon, or supported by the ground independent of the principal building or structure on the property. The height of the sign, including the base shall be measured from ground level. A monument sign shall be solid from the ground up- pole(s) or support(s) shall be concealed. A monument sign may be located on a two (2) foot high berm or masonry planter box. All monument signs must conform to the following regulations: (1) Sign support shall be masonry or structural steel tubing. (2) Sign face shall be non -decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface .19 Section 60 NZITUM SECTION 60, SIGN REGULATIONS 010207 with acrylic colors. (3) Maximum gross surface area: One hundred (100) square feet except as provided for in Section 60.B.2c.6. (4) Maximum sign height: Ten (10) feet except as provided for in Section 60.B.2c.6. (5) Changeable copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. (6) Monument Signs in the HC Highway Commercial District For Properties Fronting Wall Street: i. Maximum sign height: Six (6) feet. ii. Maximum gross surface area: Sixty (60) square feet. iii. Changeable Copy: Sign face with changeable copy may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued. d. POLE SIGNS. A sign that is mounted on a freestanding pole, conforming to the following regulations: (1) Engineering Regulations. All pole signs shall be designed in accordance with Chapter 23 of the Grapevine Building Code. All plans and specifications shall be prepared by a professional engineer. Wind pressure design for signs shall be twenty (20) pounds per square foot for signs less than thirty (30) feet in height and twenty-five (25) pounds per square foot for signs thirty (30) feet to forty (40) feet in height. (2) Sign Cabinet. Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Development Services. 61 DRAFT SECTION 60, SIGN REGULATIONS 010207 (3) Sign Cabinet Minimum Gross Surface Area. Thirty (30) square feet. (4) Maximum Sign Cabinet Dimensions and Maximum Gross Surface Area. The maximum gross surface of the sign cabinet shall be one hundred eight (108) square feet with a maximum cabinet width of twelve (12) feet, a maximum cabinet height of twelve (12) feet and a maximum cabinet depth of fourteen (14) inches. (5) Sign Face. Flat, clear acrylic sheet, or other material approved by the Director of Development Services; all copy and background sprayed on second surface with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon tubing on solid background. (6) Changeable Copy. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. All explanatory text related to the changeable copy shall be calculated as a part of the thirty (30) percent gross surface area. (7) Sign Finish. Degrease, prime, and finish coat all exposed metal surfaces as required. (8) Sign Support Color. Painted surfaces are to match architecturally with the main structure on the lot. (9) External Illumination. Neon tubing on a solid background '2110 %.11. (10) Internal Illumination. Internal illumination provided by fluorescent lamps spaced no further than twelve (12) inches on center. (11) Overall Sign Height. All signs to be twenty (20) feet in height. (12) Pole Sign Conditional Ises. The following Conditional Uses may be permitted provideii IRT-ArST111 M-1 0 DRAFT SECTION 60, SIGN REGULATIONS 010207 they meet the provisions of Section 48 and a Conditional Use Permit is issued: a. All •a signs erected after April 17, 2001 will •a permitted •• approval • a conditional use permit. b. A sign face with changeable copy exceeding thirty (30) percent of the gross surface area of the sign face. C. Pole signs on property zoned Neighborhood Commercial, Community Commercial and Highway Commercial and located adjacent to Highway 121 (excluding south of the Highway 360 intersection not extending past a point 2,400 feet due south of the southern right-of-way of Timberline Drive), Highway 360 and Highway 114 (excluding Business 114), and F.M. 2499 may be a minimum of twenty (20) feet in height up to forty (40) feet in height. Pole signs on property located contiguous to Highway 26 shall be limited to twenty (20) feet in height, except for Lots 1 and 2, Block 1, Wal-Mart Addition, which shall have pole signs up to thirty (30) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. d. The Director of Development Services may approve the replacement of an existing pole sign, approved in conjunction with a conditional use permit, with a monument sign. e. PROJECTING SIGNS. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building, but less than forty-eight (48) inches. Section 60 rA DRAFT SECTION 60, SIGN REGULATIONS 010207 f. ROOF SIGNS. A sign fastened to or resting on the roof of a structure. g. WALL SIGNS. A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. h. PORTABLE COMMERCIAL BILLBOARDS. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised. I. PORTABLE ON-SITE BUSINESS SIGNS. Any sign supported by the ground but not attached to the ground or other object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business, church, development or other establishment that is being advertised. PORTABLE SANDWICH BOARD. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. (3) Signs shall not be placed in front of adjoining property. No portion of the sign shall extend more than three (3) feet from the building face. (4) A minimum clear sidewalk width of forty-eight (48) inches shall be maintained. (5) Chalkboards may be used for daily changing messages. No changeable letters on tracks may be used. E -*J DRAFT SECTION 60, SIGN REGULATIONS 010207 (6) Sign must be removed after business hours. k. HISTORIC WALL SIGN. A sign painted directly on a building existing as of October 18, 1994, which is a restoration of or an exact replica of a sign advertising a historic former premise or a product. A replica sign must be documented as a historic sign known to have previously existed on a building in Grapevine. 1. TEMPORARY DIRECTIONAL SIGNS: A sign supported by the ground, conforming to the following regulations: (1) Maximum sign height shall be fifteen (15) feet. (2) Maximum area: The maximum gross surface of the sign cabinet shall be sixty-four (64) square feet for signs placed on State Highways and thirty-two (32) square feet for signs placed on property fronting streets designated on the City of Grapevine Thoroughfare Plan. (3) Permitted locations: Signs shall be located only on property fronting State Highways or property fronting on streets designated on the City of Grapevine Thoroughfare Plan. (4) Maximum number of signs shall be two (2) signs for any subdivision. (5) Minimum spacing shall be one hundred (100) feet measured radially from all other off-site development signs. (6) The sign shall be removed upon permits being issued to build upon ninety-five (95) percent of the lots being advertised. (7) Temporary Directional Signs are permitted in all zoning districts. (8) Permits issued for Temporary Directional Signs shall be issued for periods of two years. Permits shall become null and void when permits are issued to build upon ninety-five (95) percent 032106 Section 60 M DRAFT SECTION 60, SIGN REGULATIONS 010207 of the lots in a subdivision being advertised. (9) Removal of signs: Permittee agrees to remove signs promptly after the permit expires or is terminated. Permittee submits a bond with the application in face amount equivalent to the cost of removing same in the event the sign is not removed within thirty (30) days expiration or termination of the permit. The bond is for the benefit of the City, who may recover its costs incurred in removing same. Permittee, in its application, authorizes the City to remove the sign and releases the City, its officers, agents, servants and employees from all injuries and damages for removal of the same after permittee fails to remove same. 1 GROSS SURFACE AREA OF SIGNS. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign, _provided _however, that v -shaped signs shall have an angle of forty five (45) degrees or less between sign faces. When two (2) or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed the maximum gross surface area per street frontage set by the applicable district regulations, except as is provided by Section 60.0.8. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters. 2. HEIGHT OF SIGNS. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign. 3. BUILDING AND ELECTRICAL CODES APPLICABLE. All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Grapevine. 4. ILLUMINATES SIGNS. Signs shall be shaded wherever necessary to avoid [us DRAFT SECTION 60, SIGN REGULATIONS 010207 casting a bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. 5. FLASHING OR MOVING SIGNS. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. A sign on which the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time, temperature, or message and do not change more frequently than every fifteen (15) seconds. 6. ACCESSWAY OR WINDOW. No sign shall block any required accessway or •. 7. SIGNS ON TREES OR UTILITY POLES. No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. 8. CORNER AND THROUGH LOTS. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot. a. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of at least nine (9) feet. Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of at least nine (9) feet to ground. b. No metal ground shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. iil • 60, SIGN REGULATIONS 010207 10. PERMITTED MONUMENT AND GROUND SIGNS. In all districts where monument and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one monument or ground sign may be permitted for Planned Commercial Centers provided they meet the provisions of Section 48, and a Conditional Use Permit is issued. 11. Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Development Services, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. 12. Planned Commercial Centers are defined as having a five (5) acre minimum size with a combination of retail stores, offices, personal service establishments and similar uses. a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for such sign or constitute the sign itself. Such signs attached to or upon any vehicle or mobile structure shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising establishments, services or products. b. It shall be an affirmative defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that im "N DRAFT SECTION 60, SIGN REGULATIONS 010207 the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total hours such vehicle is in use. C. Exceptions: 1 Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. 14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. 9 :?W 99161PY-1124 WA No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control -sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. A 10 0 FAMA T M He -M The following signs shall be exempt from the requirements of this section: (a) Flags, or emblems of a government or of a political, civic, philanthropic, educational or religious organization, when displayed on A Z 9 TOT, 11 •e W BN SECTION 60, SIGN REGULATIONS 010207 private property. 1 ) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premise signs or commercial billboards shall not be exempt from this section. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. M IRMOV MR M DRAFT SECTION 60, SIGN REGULATIONS 010207 (f) Temporary political signs regulated by Chapter 20, Article 11, Division 3, of the Grapevine Code of Ordinances. (g) Signs in the right-of-way regulated by Chapter 20, Article 1, SectiorL 20-17.1 of the Grapevine Code of Ordinances. (h) Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Development Services. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for an extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. (i) Permission may be granted by the Director of Development Services as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Development Services. A permit shall be required. On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. (k) Historic Replica Signs: A sign designed to replicate or duplicate a documented, previously existing sign. Such sign shall be located in a designated historic district and must receive a certificate of appropriateness from the Historic Landmark Commission and a permit shall be required (1) On premise signage consisting of painted roof signs when not visible from the subject property line, public right-of-way, or public access easement. A permit shall be required for this form of signage. W DRAFT SECTION 60, SIGN REGULATIONS 010207 six (6) feet in height, provided however, that not more than one (1) sign be placed per street frontage. 2. The following signs are exempt from the zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: (a) Nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single-family or two-family dwelling. (b) Nameplate signs not exceeding fifteen (15) square feet in gross surface area accessory to a multiple -family dwelling. (c) On -premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. R-12.5, R-7.5, R-5.0, R-3.5, R-3.75, R-MH, SIGNS IN R R-MODH, PRD -6, PRD -12, and HGT DISTRICTS. I FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) On -Premise Signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in RMF -1 and RMF -2 zoning districts and neighborhood day care centers and Bed and Breakfast Inns approved with a special use permit in accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District. (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District (b) Development Signs: See definition 60.B.1.(c) (c) Construction Signs: See definition 60.B.1.(d) 0 DRAFT SECTION 60, SIGN REGULATIONS 010207 (d) Real Estate Signs: See definition 60.B.I.(e). (e) Subdivision Signs: (1) Ground signs (a) On -Premise: One (1) ground sign per platted lot and one (1) wall sign per street frontage. (b) Development: One (1) per subdivision. (c) Construction: One (1) per each ten (10) platted lots, not to exceed a total of four (4) signs per subdivision. (d) Real Estate: One (1) per platted lot. (e) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. (a) On -Premise Signs: Thirty-two (32) square feet. (b) Development Signs: Sixty-four (64) square feet. (c) Construction Signs: Thirty-two (32) square feet. (d) Real Estate Signs: Six (6) E!gbt8 _L_l square feet. (e) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development Signs: Fifteen (15) feet. (b) Construction Signs: Twelve (12) feet. IN DRAFT SECTION 60, SIGN REGULATIONS 010207 (c) Real Estate Signs: Six (6) feet. (a) On -Premise: Fifteen (15) feet from the front lot line. (b) Development: Ten (10) feet from the front lot line. (c) Construction: Fifteen, (15) feet from the front lot line. (d) Real Estate: Five (5) feet from the front lot line. (e) Subdivision Sign: Fifteen (15) feet from the front lot line. 6. ILLUMINATION. No sign shall be illuminated except that on -premise signs may be illuminated with incandescent or fluorescent light. I FUN CTIONALISTRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall signs (2) Ground signs (3) Awning, canopy, marquee (4) Projecting (5) Portable sandwich board (6) Historic wall sign (c) Real Estate Signs: (1) Wall 2. NUMBER OF SIGNS PERMITTED: 032106 W. Section 60 DRAFT SECTION 60, SIGN REGULATIONS 010207 (a) Nameplate: One (1) per storefront. (b) On -Premise Signs: Awning, canopy, marquee, and either one (1) wall sign per each individual wall for each lease space or one (1) projecting sign, and one (1) ground • •- platted lot, • (1) portable • board • building and historic wall signs as approved • the Historic Preservation Commission. (c) Real -Estate: One (1) per storefront. (a) Nameplate: Two (2) square feet. (b) Projecting Signs: Twenty-five square feet. (c) Real -Estate: Thies twG Sixteen (16) square feet. (d) Wall Signs: Fifteen (15) percent of the wall, except for historic wall signs approved by the Historic Preservation Commission. (e) Awning, Canopy and Marquee: Twenty-five (25) percent of the awning, canopy or marquee. 4. MAXIMUM HEIGHT: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8) feet above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. (a) Ground Signs: Ten (10) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premise signs • NEIGHBORHOOD, CC • • RA RECREATION/AMUSEMENT AND PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS. I[K FIT:_T.AVM 3 • •1 SIGN REGULATIONS 010207 FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (c) Development Signs: See definition 60.13.1.(c) (d) Construction Signs: See definition 60.B.I.(d) (e) Real Estate Signs: See definition 60.13.1.(e). (f) Subdivision Signs: (1) Ground 761k1119:1 (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee, sign per lease space; one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a conditional use or property zoned CC Community Commercial, PCD, or HC, the City Council may authorize and approve one (1) or more additional ground, monument or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform me] DRAFT SECTION 60, SIGN REGULATIONS 010207 and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (c) Development Signs: One (1) per platted lot. (d) Construction Signs: One (1) per platted lot. (e) Real Estate Signs: One (1) per platted lot. (f) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. (a) Nameplate Signs: Two (2) square feet. (b) Developments: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Sixty fbur Sixteen (16) square feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty (60) square feet per sign. (a) Development, Construction, Real Estate: Fifteen (15) feet. 41910mo Man. r-TsOrIESS 032106 Section 60 q DRAFT SECTION 60, SIGN REGULATIONS 010207 1.1 (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. 1 FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) Nameplate Signs: (1) Wall (b) On -Premises Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit; not allowed in the Grapevine Vintage District) (5) Monument (c) Development Signs: See definition 60.B.1.(c) (d) Construction Signs: See definition 60.B.I.(d) (e) Real Estate Signs: See definition 60.B.1.(e). Section 60 W� DRAFT SECTION 60, SIGN REGULATIONS 010207 (f) Subdivision Signs: (1) Ground a - 0 - .. . 0. - (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space. (c) Development Signs: One (1) per platted lot. (d) Construction Signs: One (1) per platted lot. (e) Real Estate Signs: One (1) per platted lot. (f) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. (a) Nameplate: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Sixty feur (" Sixteen (16) square feet, except that sicins located on lots fronting State Highways 114,121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy, Marquee: Fifty (50) percent of the awning, canopy or marquee. 032106 Section 60 W, DRAFT SECTION 60, SIGN REGULATIONS 010207 (g) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development, Construction, Real Esta : Fifteen (15) feet. fronting State Highways 114,121, 360 and State of Texan TraRuth Wall Street may be fifteen (15) feet. (2b) On -Premise: Awning, canopy, marquee: Thirty (30) feet in HCO District. i I ji�Jill i ap lk . 1k (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. 1 FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall KIS DRAFT SECTION 60, SIGN REGULATIONS 010207 (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (c) Development Signs: See definition 60.13.1.(c) (1) Ground (2) Pole (d) Construction Signs: See definition 60.5.1.(d) (1) Ground (2) Pole (e) Real Estate Signs: See definition 60.13.1.(e). (f) Subdivision Signs: (1) Ground (a) Nameplate signs: One (1) per lease space. (b) On -Premise Signs Excluding Properties Fronting Wall Street: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use or property zoned CC Community Commercial, PCD or HC, the City Council may authorize and approve one (1) or more additional ground, monument or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (c) On -Premise Signs For Properties Fronting Wall Street: One (11/ monument sign per platted lot and one (1) awning, canopy, marque,.-, 032106 Section 60 25 [ Q 10M.11 a SECTION •/ SIGN REGULATIONS 010207 sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use, the City Council may authorize and approve one (1) or more additional monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (d) Development Signs: One (1) per platted lot. (e) Construction Signs: One (1) per platted lot. (f) Real Estate Signs: One (1) per platted lot. (g) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. (a) Nameplate Signs: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Sixty fouF Sixteen (16) square feet, except that signs located on lots fronting State Highways 114,121, 360 and State • 26 east • Texan Trail/Ruth Wall Street may • • (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. IMV prTMOT11 We DRAFT SECTION 60, SIGN REGULATIONS 010207 (g) Subdivision Signs: Sixty (60) square feet per sign. (a) Development, Construction, Real Estate: Fifteen (15) feet. (b) Real Estate: Ten (10) feet, except that signs located on lots (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. K. LI LIGHT INDUSTRIAL, BP BUSINESS PARK AND PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS: 1. FUNCTIONALISTRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground • 27 FBTZT.AAKTM K Amm SECTION •1 SIGN REGULATIONS 010207 (4) Pole (upon approval of a conditional use permit; not allowed in the Business Park District) (5) Monument (c) Development Signs: See definition 60.B.I.(c) (d) Construction Signs: See definition 60.B.1.(d) (e) Real Estate Signs: See definition 60.B.1.(e) (f) Subdivision Signs: (1) Ground (a) Nameplate Signs: One (1) per lease space. (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space. However, in the case of a Planned Business Park approved pursuant to a conditional use permit on property zoned BP Business Park, the City Council may authorize and approve one (1) or more additional ground or monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for additional ground or monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a conditional use permit. (c) Development Signs: One (1) per platted lot. (d) Construction Signs: One (1) per platted lot. (e) Real Estate Signs: One (1) per platted lot. (f) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. Owl Section 60 DRAFT SECTION 60, SIGN REGULATIONS 010207 (a) Nameplate Signs: Two (2) square feet. • ■- Estate: Sixty four Sixteen (16) square feet, except that signs located on lots fronting State Highways 114,121, 360 and State • east of Texan Trail/Ruth Wall Street may be • (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty-four (64) square feet per lot. 4. MAXIMUM HEIGHT: (a) Development, Construction, Real Estate: Fifteen (15) feet. (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. 032106 Section 60 9111 DRAFT SECTION 60, SIGN REGULATIONS 010207 (e) Subdivision Signs: Fifteen (15) feet. T. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premise signs only. Signs in a Governmental District shall meet the sign requirements of the most restrictive adjacent or contiguous district, except wall, ground, or monument signs are permitted for public schools adjacent to any district. The City Council may authorize and approve a sign that does not comply with the most restrictive adjacent or contiguous district where it is determined by th- - • eipt of a recommendation from the Planning and Zoning C* apprise the public relative to the activities being conducted on the site by issuance of a Conditional Use Permit. In accordance with Article 10150-1, Texas Revised Civil Statues Annotated, the provision of this Section 60 is extended to the extraterritorial jurisdiction of the City as defined by the Municipal Annexation Act (Art. 970a, Texas Revised Civil Statutes Annotated.) 0