HomeMy WebLinkAboutItem 09 - AM99-07-Section 12tTFM # q
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: ROGER NELSON, CITY MANAGER,,,),/
MEETING DATE: JANUARY 18, 2000
SUBJECT: AM99-07 - SECTION 12, DEFINITIONS, PROVIDING FOR A
DEFINITION OF RETAIL USES WHICH WOULD PROVIDE FOR
OCCASSIONAL SALES FROM A RESIDENT OF CERTAIN
HOUSEHOLD GOODS
RECOMMENDATION
Staff recommends that the City Council consider the amendment providing for a new
definition in Section 12.364, Retail Sales, and take any action necessary.
BACKGROUND INFORMATION
At the October 5, 1999 joint public hearing the City Council and Planning and Zoning
Commission considered amendments to Section 12, Definitions, relative to modification
of the definition of a Customary Home Occupation. During the public hearing concern
was expressed that the exclusion of retail sales from the Customary Home Occupation
definition would prevent homeowners from engaging in various sales related activities
such as the selling of Avon, Amway, Mary Kay, and other such products. With the
recommendation to create a definition of retail sales, occasional sales of household
goods would be allowed as part of Customary Home Occupation but would preclude
activities of purely retail nature. Consideration of a definition for retail sales was tabled
at Council's November 16, 1999 regular session pending further revision.
/rs
02CMAM99-07.41
DRAFT COPY
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
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 publicfordirect use or
consumption.
36-5-36.4-7 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.
36-6.3647 REVERSE FRONTAGE LOT shall mean a comer lot, the rear of which abuts
the side of another lot.
1-6-7.366-388. RESERVED FOR FUTURE USE.
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
110599 Section 12
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C,
ORDINANCE NO.
AN ORDINANCE 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 CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING REGULATIONS
BY AMENDING SECTION 12 DEFINITIONS; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas same being also known as Appendix "D" of the Code of
Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions, words and phrases of said
Appendix "D" are not amended but are hereby ratified, verified and affirmed:
A. That Section 12 Definitions is hereby amended by the addition of a new 364
Retail Sales to read as follows and renumbering the 364 Retail Store to 365;
renumbering 365 Reverse Frontage Lot to 366, and renumbering 366-388
Reserved to 367-388:
"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."
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 an sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the 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 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 January, 2000.
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ATTEST. -
APPROVED AS TO FORM:
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