Loading...
HomeMy WebLinkAboutORD 2023-051ORDINANCE NO. 2023-051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CITY OF GRAPEVINE CODE OF ORDINANCES BY CREATING CHAPTER 15, ARTICLE VI, ELECTRIC VEHICLE CHARGING STATIONS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt and enforce ordinances necessary to protect health, life, and property to preserve good government and the security of its inhabitants; and WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance to regulate the location and use of buildings and land in full accordance with Chapter 211 of the Local Government Code; and WHEREAS, electric vehicle charging stations are not currently listed as a permitted use in any Zoning District within the City; and WHEREAS, there has been an increasing number of requests to install electric vehicle charging stations in the City; and WHEREAS, in the absence of being listed as a permitted use in any Zoning District, electric vehicle charging stations are prohibited under the City's Zoning Ordinance; and WHEREAS, the impacts of electric vehicle charging stations have not been fully assessed, including but not limited to infrastructure impacts; and WHEREAS, the City of Grapevine City Council has determined that it is a necessity to regulate electric vehicle charging stations to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein; and WHEREAS, the City is a Home Rule municipality having full powers of self- government and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State of Texas; and WHEREAS, the City Council has determined that there is a need to establish a moratorium on further approvals of new electric vehicle charging stations until a further assessment of them and their associated impacts and a new ordinance can be drafted to address them; and WHEREAS, all constitutional, statutory, and legal prerequisites for the passage of this Ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety, and welfare of the public to adopt this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City of Grapevine Code of Ordinances Chapter 15, Offenses and Miscellaneous Provisions is hereby amended to include a new Article VI, which shall read as follows: ARTICLE VI, ELECTRIC VEHICLE CHARGING STATIONS Section 15-53, Definitions (a) Electric Vehicle Charging Station is defined as a public or private vehicle space utilized as an area with a power supply device that supplies electrical power for charging an electric or hybrid vehicle and featuring supply equipment. (b) Electric Vehicle Supply Equipment (EVSE) is defined as the electrical conductors and ground equipment external to an electric vehicle that provide a connection for an electric or hybrid vehicle to a power source to provide vehicle charging. Section 15-53, Moratorium There shall be a moratorium on approval of new and replacement of existing Electric Vehicle Charging Stations and Electric Vehicle Supply Equipment within the incorporated city limits for properties developed with non-residential uses and zoning districts within the City of Grapevine from the effective date of this ordinance. This moratorium shall be lifted upon either the adoption by the City Council of an Electric Vehicle Charging Station ordinance covering approval and installation of new charging stations, or the expiration of six months from the effective date of this ordinance, whichever comes first." Section 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal, or invalid and the same shall not affect the validity of the Code of Ordinances of the City of Grapevine as a whole. Ordinance No. 2023-051 2 Section 4. That this ordinance shall be deemed to be incorporated into The Code of Ordinances of the City of Grapevine, Texas. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas, on this the 5th day of September, 2023. /_1,a6-190: a 7i William D. Tate Mayor ATTEST: Tara Brooks City Secretary • •••• • •• a Matthew C.G. Boyle City Attorney Ordinance No. 2023-051 3