HomeMy WebLinkAboutItem 05 - AM03-05 Zoning AmendmentsCG ITEM
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSIO /
FROM: ROGER NELSON, CITY MANAGER,
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: DECEMBER 16, 2003
SUBJECT: AM03-05 ZONING ORDINANCE AMENDMENTS RELATIVE TO
SECTION 16, "R-5.0" ZERO -LOT -LINE DISTRICT; SECTION
54, MASONRY REQUIREMENTS; AND SECTION 55,
PERFORMANCE STANDARDS
RECOMMENDATION
Staff recommends the Planning and Zoning Commission and the City Council consider
the proposed amendments to Section 16, "R-5.0" Zero -Lot -Line District; Section 54,
Masonry Requirements; and Section 55, Performance Standards and take any action
necessary.
BACKGROUND INFORMATION
Section 16, "R-5.0" Zero -Lot -Line District
As the ordinance is currently written, lots developed under the "R-5.0" guidelines are
required to provide side yard setbacks of 1 -foot and 11 -feet whereby all homes in a
given subdivision are loaded toward one side of the lot and a minimum of 12 -feet of
separation exists for all principal buildings between lots within the subdivision. In
addition, a 6 -foot access easement must be provided on the 11 -foot side of a given lot
so that the property owner on the adjacent lot may have access to his property on the 1 -
foot side. Staff is increasingly receiving requests from residential developers wanting to
center homes on lots with side yard setbacks that are a minimum of 6 -feet on each side
of the lot. Allowing a side yard setback of 6 -feet on each side of the lot will still maintain
the 12 -foot separation requirement and serve to reduce or totally eliminate the conflicts
and disputes that result when one property owner fails to comply with the requirement
that a 6 -foot access easement be maintained on the 11 -foot side of the lot. It should be
noted that amending the side yard setback requirement to 6 -feet on each side of the lot
for the "R-5.0" Zero -Lot -Line District would match that of the "R-7.5" Single Family
District.
Section 54, Masonry Requirements
All zoning districts within the City have some masonry requirement for exterior wall
construction except the following districts: "R-7.5", "R-12.5' and "R-20" Single Family
0AZCUWM03-05.4 1
,,. Residential Districts. Currently, any non-residential property with an "HU Historic
Subdistrict Overlay designation that does not meet the masonry requirement will require
a variance from the Board of Zoning Adjustment. The Historic Preservation Commission
develops criteria for each property considered for a "HU Historic Landmark overlay
designation. This criterion includes such items as setbacks, driveway location and
composition, parking, exterior finishes, lighting and other architectural embellishments.
Staff finds it redundant to require a variance to the masonry standards when
preservation criteria for a particular site are developed to preserve the historical
significance of the property. Staff recommends exempting any building or structure from
the masonry requirement that has received an "HU Historic Landmark Subdistrict
designation and rely upon the preservation criteria developed for the site by the Historic
Preservation Commission to regulate the exterior composition of any building or
structures.
Section 55, Performance Standards
Section 55, Performance Standards was amended in 2001 to provide more meaningful
and applicable development standards relative to noise and light and limit its impact on
surrounding properties. In particular, lighting standards were developed to limit the
amount of spillover onto surrounding properties and eliminate direct visibility of the
lighting element or lens at a point five feet above the ground level from the property
lines of the subject site under consideration. This particular part of the lighting
regulations has been increasingly difficult and nearly impossible in some instances to
comply with when non-residential property is developed adjacent to other existing
developed non-residential property. On non-residential tracts of land with various grade
levels, the topography makes it impossible to shield or locate a lighting standard where
the lens is not visible from the property line. It is Staff's opinion that meeting the lighting
level requirements at the property line for non-residential zoned property achieves the
goal of ensuring that the amount of light on a given site is not excessive or intrusive
onto surrounding properties. Staff is recommending that the ordinance be amended to
require the elimination of direct visibility of the lens measured five feet above ground
level for all development adjacent to any residential zoning district(s) rather than all
properties regardless of zoning designation.
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Section 16. R-5.0 Zero -Lot -Line District Regulations
PURPOSES: The R-5.0 Zero -Lot -Line District is established to provide for areas requiring
minimum lot sizes of five thousand (5,000) square feet for medium population densities
within integral neighborhood units. This district is intended to be a zero -lot -line dwelling
district allowing a maximum density of eight (8) units per acre.
USES GENERALLY: In an R-5.0 zero -lot -line district, no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter provided.
A. PRINCIPAL USES:
Single-family detached dwellings.
2. Churches, convents, and other places of worship.
3. Parks, playgrounds, and nature preserves, publicly owned.
4. Public utility uses required to service the district.
5. Temporary buildings when they are to be used only for construction purposes
or as a field office within a subdivision approved by the City for the sale of
the real estate of that subdivision only. Such temporary construction
buildings shall be removed immediately upon completion or abandonment
of construction and such field office shall be removed immediately upon
occupancy of ninety-five (95) percent of the lots in the subdivision.
6. Model homes and model home parking lots are permitted as temporary uses
in new subdivisions, provided a notice is continually posted in a prominent
place in a livable area in the home and the owner signs an affidavit on a form
approved by the Director of Development Services affirming compliance with
all the regulations of this section.
B. ACCESSORY USES:
The following uses shall be permitted as accessory uses to an R-5.0 zero -lot -line
district provided that none shall be a source of income to the owner or user of the
principal single-family dwellings, except for customary home occupation:
1. Off-street parking and private garages in connection with any use permitted
in this district.
2. Cabana, pavilion, or roofed area.
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3. No dwelling shall be closer than twelve (12) feet between the face of the
exterior walls of neighboring dwelling unit.
4. Private swimming pool.
5. Storage buildings one hundred twenty (120) square feet or less have no
plumbing.
6. Signs subject to the provisions of Section 60.
7. Customary home occupation.
8. Communication equipment meeting the requirements of Chapter 7, Article
XII of the Grapevine Code of Ordinance.
When any of the foregoing permitted accessory uses are detached from the
principal single-family dwelling, said uses shall be located not less than forty-five
(45) feet from the front lot line and shall meet the requirements of Section
42.C.,D.,E.,F., and G.
Accessory buildings more than sixteen (16) feet in height shall be set back from the
rear property line six (6) feet plus two (2) additional feet for each additional foot of
height over sixteen (16) feet. The height of the structure shall be measured from
the top of the slab or from its bottom floor.
C. CONDITIONAL USES:
The following conditional uses may be permitted provided they meet the provisions
of Section 48, and a Conditional Use Permit is issued.
1. Public and non-profit institutions of an educational, religious or cultural type
excluding correctional institutions.
2. Non-profit community centers and swimming pools and tennis courts.
3. Public and private country clubs and golf courses excluding miniature golf
courses.
4. Memorial gardens and cemeteries.
5. Any off-street parking for churches, convents and other places of worship
developed on property other than the platted lot of record of the principal
110603 2 Section 16
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use, provided all or a portion of the property utilized for parking is located
within 300 feet of the platted lot of record.
6. Single Family detached dwellings with a minimum front yard depth of twenty
(20) feet when the dwellings are constructed as period homes. A period
home is defined as a house in which the exterior elevation incorporates
amenities from housing designs during the 1930's through the 1950's period.
When a twenty (20) foot front yard depth is established by a Conditional Use
Permit, all lots fronting on one side of a street between two (2) intersecting
streets, shall maintain a uniform front yard setback for the entire block.
Final elevations of proposed period homes, with type or kind of building
material used, and a final plat shall be submitted as a part of the conditional
use permit request. Calculation of the percentage of masonry of the entire
structure shall be provided in the application for the conditional use permit.
A Period Home Committee consisting of a member of the Planning and
Zoning Commission (appointed by the Planning and Zoning Chairman), the
City Council representative to the Planning and Zoning Commission, and the
Township Restoration Coordinator may approve additional period home
elevations or amendments to existing elevations when a conditional use
permit is approved for period homes. The Director of Development Services
may approve minor changes to the exterior elevations such as window, door,
and porch railings.
D. LIMITATION OF USES:
1. No more than three (3) persons unrelated by blood or marriage may occupy
residences with an R-5.0 Zero -Lot -Line Zoning District.
2. Storage of mechanical or farm equipment incidental to any permitted or
conditional use shall be screened in accordance with the provisions of
Section 50, Alternate B or E, from any adjacent residential development or
use.
3. Private or public alleys shall not be located in the twenty-five (25) foot
required rear yard.
4. No Storage boxes or any other containers to be picked up or dropped off by
curbside self -storage services, moving services and other similar services
110603 3 Section 16
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shall be placed within a public right-of-way. Storage containers to be picked
up or dropped off by such services shall be visible from a public right-of-way
or adjacent property for a period not exceeding seventy-two (72) consecutive
hours, and not more than two (2) instances during any thirty (30) day period.
E. PLAN REQUIREMENTS:
No application for a building permit for the construction of a principal building shall
be approved unless a plat, meeting all requirements of the City of Grapevine, has
been approved by the City Council and recorded in the official records of Tarrant
County.
AR aGGess easement Gf 6iX (6) feet shall be PFGVided and iRdiGated With;R the
subdivision plat en all GGRtigUGUE;
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F. DENSITY
The following density requirements shall apply:
1. Maximum Density: The maximum density within the R-5.0 District shall not
exceed eight (8) dwelling units per acre of gross area.
2. Lot Size: Lots for any permitted use shall have a minimum area of five
thousand (5,000) square feet.
3. Minimum Open Space: All areas not devoted to buildings, structures, or off-
street parking area shall be devoted to grass, trees, gardens, shrubs, or
other suitable landscape material. In addition, all developments shall reserve
open space in accordance with the provisions of Section 51.
4. Maximum Building Coverage: The combined area occupied by all main and
accessory buildings and structures shall not exceed forty (40) percent of the
total lot area.
5. Maximum Impervious Area: The combined area occupied by all buildings,
structures, off-street parking, and paved areas shall not exceed sixty (60)
percent of the total lot area.
6. Minimum Floor Area: The minimum square footage of a dwelling unit shall
be not less than twelve hundred (1,200) square feet of floor area.
110603 4 Section 16
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The following minimum standards shall be required:
1. Depth of front yard, feet ......................25
A minimum of fifty (50) percent of the area of the lot within the required front
yard setback shall be a landscaped area.
2. Depth of rear yard, feet ........................25
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Width of side yard on each side shall be 6 feet.
Side yard setbacks for final subdivision plats approved between
January 21, 1986 and month/date/year shall be 12 -inches on one side
and 11 -feet on the opposite side or, upon approval of a conditional use
permit, 6 -feet on each side.
Provided, however the side yard setbacks contained in this subsection G.3
shall not apply to final subdivision plats approved and filed prior to January
21, 1986 and the side yard setbacks applied to the approved plat shall be
those in force and effect prior to the adoption of this ordinance.
4. Width of lot, feet ..............................50
Except reverse frontage lots shall be a minimum of seventy-five (75) feet in
width.
5. Depth of lot, feet .............................100
6. Distance Between Buildings.
The minimum distance between principal or accessory buildings on adjacent
lots shall be not less than twelve (12) feet.
7. Only one single-family detached dwelling shall be permitted on each lot or
lot of record, as the case may be.
8. No dwelling shall be closer than twelve (12) feet between the face of the
exterior walls of neighboring dwelling units.
110603 5 Section 16
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H. BUFFER AREA REGULATIONS:
120603
Whenever an R-5.0 Zero -Lot -Line District is located adjacent to an existing multi-
family district (RMF -1, RMF -2, R-3.75. R-TH) or a non-residential district, without
any division such as a dedicated public street, park or permanent open space, all
principal buildings or structures shall be setback a minimum of forty (40) feet from
the adjoining property line. The setback area shall contain appropriate landscape
improvements, fencing, berms, or trees to adequately buffer adjoining uses.
1. HEIGHT REGULATIONS:
The following maximum height regulations shall be observed:
1. Height of principal structure, two (2) stories not to exceed thirty-five (35) feet.
2. Height of accessory structure, one story not to exceed sixteen (16) feet,
except a storage building which shall not exceed ten (10) feet in height.
J. OFF-STREET PARKING:
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off-street parking shall be provided in accordance with the provisions
of Sections 56 and 58 of this Ordinance and other applicable Ordinances of the
City.
Parking of recreational vehicles, recreational trailers, motor homes, or boats (all
listed hereinafter referred to as vehicles) is prohibited in the required front yard
except in the following circumstances:
1. Pursuant to a permit to park said vehicle on a paved driveway in the front
yard issued by the Director of Development Services (Director), or his
designee, after a determination is made by the Director that it is not
feasible to park said vehicle in the side or rear yard.
2. For any length of time for all or any part of three (3) consecutive days, the
said vehicles may be parked in the required front yard on a paved
driveway for three (3) consecutive 24-hour days, or any part of three (3)
consecutive 24-hour days. For example, vehicle could be parked in front
yard on Friday evening at 10:00 p.m. and all day for the next two (2)
days, Saturday and Sunday, with the authorized parking time ending at
12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all
or any part of consecutive Friday, Saturday, and Sunday, or any other
i
110603 6 Section 16
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combination of three (3) consecutive days, is allowed. If the vehicle
parked in front yard at any time on Monday in the example, the vehicle
is parked in violation of this ordinance.
No off-street loading is required in the R-5.0 District for residential uses. Off-street
loading for conditional uses may be required as determined by the Planning
Commission.
110603 7 Section 16
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Section 54. Masonry Requirements
All principal buildings and structures located in the zoning districts R-3.5, R-3.75, R -MF -1,
R -MF -2, R-5.0, PRD -6, PRD -12, and R-TH shall be of exterior fire resistant construction,
having at least eighty (80) percent of the total exterior walls, excluding doors and windows,
constructed of brick, stone, fibre reinforced cementitious board, or other masonry or
material of equal characteristics in accordance with the City's Building Code and Fire
Prevention Code or eighty (80) percent of the total exterior walls may be an exterior wall
insulation and finish system product.
All buildings or structures in the P -O, C -N, HCO, HC, LB, LI, PCD, PID, CBD, C -C, and RA
zoning districts shall be of exterior fire- resistant construction having at least seventy (70)
percent of the total exterior walls, excluding doors and windows, constructed of brick,
stone, fibre reinforced cementitious board, or other masonry or material of equal
characteristics in accordance with the City's Building Code and Fire Prevention Code or
seventy (70) percent of the total exterior walls may be an exterior wall insulation and finish
system product.
All buildings or structures in the BP zoning district shall be of exterior fire-resistant
construction having at least one hundred (100) percent of the total exterior walls, excluding
doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or
other masonry or material of equal characteristics in accordance with the City's Building
Code and Fire Prevention Code or one hundred (100) percent of the total exterior walls
may be an exterior wall insulation and finish system product.
All principal buildings or structures in the GU zoning district shall be of exterior fire-
resistant construction having at least seventy (70) percent of the total exterior walls,
excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious
board, or other masonry or material of equal characteristics in accordance with the City's
Building Code and Fire Prevention Code or seventy (70) percent of the total exterior walls
may be an exterior wall insulation and finish system product. Temporary buildings or
structures used as classrooms for the Grapevine-Colleyville Independent School District
may be exempt from this requirement.
Any buildings or structures within a site that has received "HL" Historic Landmark
Subdistrict designation are exempt from the requirements set forth in this section.
110603 Section 54
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in space, as produced by sound energy
S. Sound Level Meter — means an instrument which includes a
microphone, amplifier, RMS detector, integrator or time averager,
weighting network, and output meter used to measure sound pressure
levels.
t. Stationary Sound Sources — means the fixed point of origin and
location of emitter or emitters of sound under investigation. Multiple
sources on a property shall be treated as a single source.
U. Permissible Sound Pressures Level — means the equivalent sound
pressure level (Leq) and for this regulation measured over an 8 minute
time period.
V. Time Weighted — means an established period of time during which
the sound pressure levels are averaged. For this regulation the time
period is 8 minutes.
W. Zoning District — means the designation as set forth in the Zoning
Ordinance such as Residential, Commercial, or Industrial and their
sub -section designations.
4. VIBRATION: No vibration shall be permitted which is discernible without
instruments at the points of measurement specified in Subsection B.
5. LIGHTING: The purpose of this section is to regulate the placement,
orientation, distribution patterns and fixture types of outdoor lighting. The
intent of this section is to encourage lighting that provides safety, utility and
security; also to prevent glare on public roadways, protect the privacy of
residents and reduce atmospheric light pollution. These lighting regulations
except for paragraphs (1)(b.) and (1.)(c.) do not pertain to any exterior
lighting allowed by electric permit issued prior to 04117/01. Lighting for City
or School District sports facilities and athletic fields, lighting located in a city
right-of-way, facilities in areas zoned RA, Recreational/Amusement,
emergency lighting, temporary construction lighting, Christmas lighting and
those temporary uses permitted in Section 42 are exempted from these
lighting provisions. All properties that are within the area bounded by Bethel
Road, Bass Pro Boulevard and State Highway 26 on the south; Fairway
Drive on the west; and the city limits line on the north and east are exempt
from the lighting regulations in Section 5. In the case of uses allowed by a
Conditional Use Permit, the appropriateness of the lighting shall be reviewed
110603
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Section 55
DRAFT COPY Section 55, Performance Standards 120603
and approved as part of the approval of the Conditional Use Permit.
110603
a. Light fixtures excluding accent lighting of architectural building features
and lighting of public art or public monuments shall be mounted no higher
than the highest point of the primary structure on the property. In no case
shall light poles be greater than 30 feet in height.
b. All lighting excluding accent lighting of architectural building features,
landscape architectural features, trees and lighting of public art, flagpoles
and/or flags as allowed in Section 60. and public monuments shall comply
with the following guidelines:
(1.) All lighting sources greater than 60 watts shall be provided with
full -cutoff shielding with opaque tops and reflectors to:
(a.)Eliminate all direct upward illumination with the exceptions
indicated in section 5.e. below
(b.)Eiiminate all direct visibility of the lighting element at a point 5
feet above the ground level at all subject property lines
adjacent to any residential zonina district(s).
(c.)Reduce light levels at ground level of all property lines of the
subject property to the following levels based on the zoning of
the adjacent properties:
• Single-family - 0.2 footcandles
• Multiple -family - .5 footcandles
• Non-residential districts, streets - 3.0 footcandles
• Industrial districts - 5.0 footcandles
c. All lighting sources except "accent lighting" as it pertains to features
outlined in Paragraph 5.b.shall be directed downward to limit light levels
at the subject property boundaries to those stated in section 5.b.1.c.
d. Illumination levels as required in Section 5.b.1.c. can be accomplished
by louvers, baffles, visors or shields placed on the fixture or by fences,
berms, elevation or any other method such that the required limitations
indicated in Section 5.b.1.c are met.
e. Accent lighting of architectural building features may be provided through
string or neon lighting elements to highlight architectural features
providing the light levels for adjacent properties stated in Section 5.b.1.c
0
Section 55
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are not violated. Upward lighting of architectural building features, public
art, public monuments and signs is allowed, providing the lighting
elements are shielded as stated in Section 5.b. and light levels for subject
properties are limited as stated in Section 5.b. All illuminated exterior
signs shall meet the requirements of Section 5.b.
Metering equipment - Lighting levels of outdoor lighting shall be
measured in footcandles with a direct reading portable light meter with a
color and cosine corrected sensor with multiple scales. The meter shall
read within an accuracy of plus or minus five (5) percent. It shall have
been tested and calibrated by an independent commercial photometric
laboratory or the manufacturer within one (1) year of date of use as
attested to by a certificate issued by such laboratory. All lighting
installations shall be tested by a State of Texas licensed Professional
Engineer or a Registered Master Electrician prior to final inspection by the
City. Test results shall be submitted to the Building Inspection
Department prior to final inspection. It shall be the property owners
responsibility to provide testing results at any time after the issuance of
a certificate of occupancy, if requested by the Building Official to prove
that legal illumination levels are being met.
g. Measurements to determine light levels shall be done with metering
equipment described in Section 5.f. with a sensor mounted no more than
six (6) inches above ground level in a horizontal position. Readings shall
be taken only after the cell has been exposed to provide a constant
reading. Measurements shall be made when the meteorological optical
range is six (6) miles or greater such that measurements will not be
adversely affected by atmospheric scatter. Measurements shall be made
after dark with the subject property light sources off and then with them
on. The difference between the two (2) readings shall be compared to
the footcandle maximum ratings indicated in Section 5.b.1.c. This
procedure eliminates the effects of moonlight and other ambient light.
h. In addition to the above requirements, no site lighting, building lighting,
vehicular lights, or combination thereof shall be designed, installed, or
utilized, so as to create reflective glare that creates a hazard, reduces
privacy or inhibits the enjoyment of the surrounding properties.
i. For purposes of Section 55, 5. subject property shall be the property
under study or investigation pursuant to the requirements of Section 55.5.
6. LIQUID OR SOLID WASTE: No discharge at any point into any public sewer,
110603
7
Section 55
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 BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BY AMENDING SECTION 16
"R.5.0" ZERO -LOT LINE DISTRICT; SECTION 54 MASONRY
REQUIREMENTS; AND SECTION 55 PERFORMANCE
STANDARDS; 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 16 "R-5.0" Zero -Lot -Line District is hereby amended by amending
Section 16.C.6 to read as follows:
C. CONDITIONAL USES:
"6. Single Family detached dwellings with a minimum front yard depth of
twenty (20) feet when the dwellings are constructed as period homes.
A period home is defined as a house in which the exterior elevation
incorporates amenities from housing designs during the 1930's
through the 1950's period.
When a twenty (20) foot front yard depth is established by a
Conditional Use Permit, all lots fronting on one side of a street
between two (2) intersecting streets, shall maintain a uniform front
yard setback for the entire block.
Final elevations of proposed period homes, with type or kind of
building material used, and a final plat shall be submitted as a part of
the conditional use permit request. Calculation of the percentage of
masonry of the entire structure shall be provided in the application for
the conditional use permit. A Period Home Committee consisting of
a member of the Planning and Zoning Commission (appointed by the
Planning and Zoning Chairman), the City Council representative to the
Planning and Zoning Commission, and the Township Restoration
Coordinator may approve additional period home elevations or
amendments to existing elevations when a conditional use permit is
approved for period homes. The Director of Development Services
may approve minor changes to the exterior elevations such as
window, door, and porch railings."
B. That Section 16 "R-5.0" Zero -Lot -Line District, Section 16.E is hereby amended to
read as follows:
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No application for a building permit for the construction of a principal building
shall be approved unless a plat, meeting all requirements of the City of
Grapevine, has been approved by the City Council and recorded in the
official records of Tarrant County."
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C, That Section 16 "R-5.0" Zero -Lot -Line District, Subsection 16.G.3 is hereby
amended to read as follows:
Width of side yard on each side shall be 6 feet.
Side yard setbacks for final subdivision plats approved between
January 21, 1986 and month/date/year shall be 12 -inches on one
side and 11 -feet on the opposite side or, upon approval of a
conditional use permit, 6 -feet on each side.
Provided, however the side yard setbacks contained in this subsection
G.3 shall not apply to final subdivision plats approved and filed prior
to January 21, 1986 and the side yard setbacks applied to the
ORD. NO. 2
approved plat shall be those in force and effect prior to the adoption
of this ordinance."
D. That Section 54 Masonry Requirements is hereby amended by the addition of the
following paragraph at the end of the subsection to read as follows:
"Any buildings or structures within a site that has received "HL"
Historic Landmark Subdistrict designation are exempt from the
requirements set forth in this section."
E. That Section 55 Performance Standards is hereby amended by amending Section
55.A.5.b.(1).(b.) to read as follows:
"(b) Eliminate all direct visibility of the lighting element at a point 5 feet above the
ground level at all subject property lines adjacent to any residential zoning
district(s)."
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 16th day of December, 2003.
ORD. NO. 3
ATTEST: