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HomeMy WebLinkAboutORD 2008-072 ORDINANCE NO. 2008-72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULA- TIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PRO- FESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS RELATIVE TO SECOND HAND GOODS AND PRIVATE, PUBLIC AND NON- PROFIT INSTITUTIONS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D"of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by adding subsection A.7. to read as follows: "7. Retail sales of second hand goods in an enclosed building provided the space does not exceed 3,000 square feet in area." B. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by adding subsections C.15. and 16. to read as follows: "15. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 16. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area." C. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending subsection A.B. to read as follows: "8. Retail sales of second hand goods in an enclosed building provided the space does not exceed 3,000 square feet in area." D. That Section 25 "CC" Community Commercial District Regulations is hereby amended by adding subsection C.22. and 23. to read as follows: "22. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet. 23. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals." E. That Section 26 "HC" Highway Commercial District is hereby amended by adding subsection C.26. and 27. to read as follows: "26. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 27. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area." F. That Section 27 "PO" Professional Office District Regulations is hereby amended by amending subsection A.B. to read as follows: "8. Reserved for future use." ORD. NO. 2008-72 2 G. That Section 27 "PO" Professional Office District Regulations is hereby amended by adding subsection C.B. to read as follows: "8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals." H. That Section 28 "CBD" Central Business District is hereby amended by amending subsection A.4. to read as follows: "4. Retail stores and sales, including antique, art supply, automotive accessories, sporting goods, business machine shops, clothing, dry goods, music, TV sales and repair, cards, home appliances,jewelry, leather goods and luggage, linens, fabrics and draperies, optical goods, wallpaper and paint, dairy supplies, carpeting, retail sales of, second hand goods in an enclosed building provided the space does not exceed 3,000 square feet in area." That Section 28 "CBD" Central Business District is hereby amended by adding subsection C.7. to read as follows: "7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area." J. That Section 31 "LI" Light Industrial District is hereby amended by amending subsection C.B. to read as follows: "8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools but excluding correctional institutions and hospitals." K. That Section 40 "MXU" Mixed Use District Regulations is hereby amended by adding subsection A.3.mm. to read as follows: "mm. Retail sales of second hand goods in an enclosed building provided the space does not exceed 3,000 square feet in area." L. That Section 40 "MXU" Mixed Use District Regulations is hereby amended by adding subsection C.7. to read as follows: "7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area." Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to ORD. NO. 2008-72 3 exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity,which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of November, 2008. APPROVED: William D. Tate Mayor ATTEST: let, -� Linda Huff City Secretar / APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2008-72 4