HomeMy WebLinkAboutItem 09 - AM08-04 Zoning Ordinance Amendments /� _ < � . ��
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND
� THE PLANNING AND ZONING COMMISSION
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FROM: BRUNO RUMBELOW, CITY MANAGER��
SCOTT WI I M� S, �bEVELOPMENT SERVICES
DIRECTOR �`�
MEETING DATE: NOVEMBER 18, 2008
SUBJECT: ZONING ORDINANCE AMENDMENT—AM08-04;
AMENDMENTS TO THE ZONING ORDINANCE TO
SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL
DISTRICT, SECTION 25, "CC" COMMUNITY
COMMERCIAL DISTRICT, SECTION 26, "HC" HIGHWAY
COMMERCIAL DISTRICT, SECTION 27, "PO"
PROFESSIONAL OFFICE DISTRICT, SECTION 28
"CBD" CENTRAL BUSINESS DISTRICT, SECTION 31,
"LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40,
"MXU" MIXED USE DISTRICT RELATIVE TO SECOND
HAND GOODS AND PRIVATE, PUBLIC AND NON-
PROFIT INSTITUTIONS
RECOMMENDATION:
� Staff recommends the Planning and Zoning Commission and the City Council.
consider amendments to Section 24, "CN" Neighborhood Commercial, Section
25, "CC' Community Commercial, Section 26, "HC" Highway Commercial,
Section 27, "PO" Professional Office, Section 28, "CBD" Central Business
District, Section 31, "LI" Light Industrial and Section 40 "MXU" Mixed Use District
relative to second hand goods and private, public and non-profit institutions, and
take any necessary action.
BACKGROUND INFORMATION:
At the City Council workshop on October 21, 2008, the Development Services
Director was instructed to advertise for a public hearing on two Zoning Ordinance
amendments. The first proposed amendment is regarding secondhand goods
within an enclosed building in the Neighborhood Commercial, Community
Commercial, Highway Commercial, Central Business District and Mixed Use
zoning districts. As currently written, and interpreted by staff, the Zoning
Ordinance allows retail resale shops of any size in these districts. Council has .
expressed concern that very large resale operations might not necessarily be
desirable in these districts in all cases, and expressed desire to have oversight of
requests for large resale establishments through the Conditional Use process.
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0:1ZCUWM08-04.4.doc 11/11/2008 4:55:19 PM
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�,,. Council discussed the possibility of establishing a threshold for buiiding
� size/tenant space before a conditional use would be required. To that end staff
was directed to research the size of secondhand goods establishments in the
area, as well as the size of tenant spaces in Downtown Grapevine on Main
Street. Investigation showed that there are resale establishments in the area
ranging from 1,700 square feet to over 100,000 square feet. Recent Certificate of
Occupancies on Main Street range from 500 square feet to 3,379 square feet.
Planning and Zoning and Council may wish to consider these ranges in
discussion relative to a threshold for requiring a conditional use.
The second item staff was directed to advertise, was an ordinance amendment
requiring private and charter schools to obtain a conditional use in afl districts.
Staff has therefore prepared a Zoning Ordinance amending Section 27
Professional Office District Regulations. This proposed amendment removes
27.A.8. "Public institutions and nonprofit institutions of any educational, religious,
or cultural type, but excluding corrective institutions or hospitals" from a permitted
use, and places it in Section 27.C. Conditional Uses. Furthermore the
amendment modifies the language by adding: "including private and charter
schools". Similar proposed amendments were made in the Neighborhood
Commercial, Community Commercial and Highway Commercial districts.
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O:�ZCU�,4M08-04.4.doc 11/11/2008 4:55:19 PM
DRAFT SECTION 25, CC - COMMUNITY COMMERCIAL
102708 �
Sec. 25. C-C Community Commercial District Regulations
PURPOSE: The C-C Community Commercial District is established to provide locations
for general commercial uses representing various types of retail trade, businesses,
services and planned commercial centers that serve a community or regional area. The
District is intended for community and regional shopping centers and clusters of
commercial development that attract a substantial amount of their trade from beyond the
immediate neighborhoods.
USES GENERALLY: In a C-C Community Commercial District no land shall be used and
no building shall be erected or converted to any use other than as hereinafter provided.
A. PRINCIPAL USES:
1. Any use permitted in a P-O Professional Office District or C-N Neighborhood
Commercial District except that there shall be no limitation on size of planned
shopping centers or total floor area.
2. Hospital.
3. Ambulance service. �
4. Commercial amusements,the operation of which is totally within an enclosed
building, including bowling alleys, video arcades, roller skating and ice
skating arenas, motion picture theaters, but excluding billiard parlors and
arcades.
5. Taxi dispatch office.
6. Professional dry cleaning, pressing, dyeing and laundry services.
8. Retail sales of second hand goods in an enclosed building provided the
space does not exceed square feet in area.
9. Restaurants excluding drive-in or drive-through restaurants.
10. Nursery or greenhouse.
11. Radio and television broadcasting studios.
12. Department stores.
1
062308 Section 25 �
- DRAFT SECTION 25, CC - COMMUNITY COMMERCIAL
102708
approve a request to establish different amounts and methods than
established in Section 25.F., Section 25.1., Section 53.H., Section 53.1., and
Section 60.
16. Restaurant with outside dining and/or drive through.
17. Hotels and motels. Hotels approved prior to January 18, 2005 shall be
deemed a lawful, permitted use and shall have the same status as that
authorized pursuant to this Ordinance; provided, however, no such building,
structure, or use shall be altered, changed or expanded unless a conditional
use permit therefore has been granted pursuant to this ordinance.
18. Winery with alcoholic beverage sales with on-premise and off-premise
consumption, provided a special permit is issued in accordance with Section
42.B of the ordinance.
19. Structures in excess of fifty(50)feet in height. However, this provision shall
only apply to properties located east of Ruth Wall Street, Loop 382, and
Fairway Drive.
°�-° 20. Outside display and sales of inerchandise.
21. Call centers.
22. Retail sales of secondhand qoods in an enclosed buildinq where the
size of the space exceeds square feet in area.
23. Public institutions and nonprofit institutions of anv educational,
reliqious or cultural tvpe, includinq private and charter schools but
excludinq corrective institutions and hospitals
D. LIMITATION ON USES:
1. Whenever the C-C Community Commercial District is utilized for hotel-motel
office or hospital use, the minimum open space shall be increased to thirty
(30) percent of the total lot area.
2. Vehicular use or storage areas other than required parking associated with
permitted uses such as automobile sales and service, boat sales, building
materials, and supplies shall be visually screened from any adjacent
residential district by a fence, wall or berm at least six (6) feet in height.
4
- 062308 Section 25
DRAFT SECTION 26, HIGHWAY COMMERCIAL �
103108
authorized pursuant to this Ordinance; provided, however, no such building,
structure, or use shall be altered, changed or expanded unless a conditional
use permit therefore has been granted pursuant to this ordinance.
22. Automotive State Inspections facility.
23. New and used golf and utility cart sales and services, both electric and
gasoline powered, with outside display and outside storage.
24. Outside display and sales of inerchandise.
25. Call centers.
26. Public institutions and nonprofit institutions of any educational,
reliqious or cultural tvpe, includinq private and charter schools, but
excludinq corrective institutions and hospitals.
27 Retail sales of secondhand qoods in an enclosed buildinq where the
size of the space exceeds square feet in area.
D. LIMITATION OF USES:
1. Residential structures and uses are expressly prohibited in the HC Highway
Commercial District. Existing residences may remain as non-conforming
uses, but it is intended that new residential construction not be allowed in the
District.
2. (a) All property zoned HC, Highway Commercial, shall have driveway
access and frontage in accordance with Section 26, paragraph G.2.
only from a State Highway or Central Avenue except as provided in
Section D.3.
(b) Additional driveway access on a corner lot from other than a State
Highway for the intersecting street only, may be approved by the
Planning and Zoning Commission and City Council with the filing of a
Concept Plan in accordance with Section 45. For purposes of this
Section 26.D, corner lot shall mean a lot located at the juncture of a
State Highway and a street which intersects such State Highway.
3. Access to and frontage on a street other than a State Highway or Central
Avenue will be permitted only for property zoned HC, Highway Commercial
062308 4 Section 26
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DRAFT SECTION 27, PROFESSIONAL OFFICE
102708
Section 27. P-O Professional Office District Regulations
PURPOSE: The P-O Professional Office District is established to create a restrictive
district for low intensity office or professional uses which may be located close to all types
of residential uses, with appropriate buffer and landscaping so as not to create a blighting
effect on adjacent residential area.
USES GENERALLY: In a P-O Professional Office District no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter provided.
A. PERMITTED USES: The following uses shall be permitted as principal uses.
1. Administrative, executive and editorial offices for business, professional or
industrial organizations.
2. Financial offices such as banks, savings and loan associations, mortgage
bankers and insurance offices.
3. Governmental office buildings and uses.
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4. Prescription pharmacy.
5. Medical and dental clinics.
6. Medical and dental laboratories, but not including the manufacture of
pharmaceutical or other products for general sale or distribution.
7. Professional offices for the conduct of the following professional and
semiprofessional occupations: Accountant, architect, attorney, dentist,
engineer, insurance agent, real estate agent, personal or family counselor,
chiropractor, physical therapist, physician, public secretary, surgeon, or any
other office or profession which is the same general character as the
foregoing, but excluding animal grooming salons, dog kennels, funeral
homes, veterinarian and veterinary hospitals.
8.
, . RESERVED
FOR FUTURE USE.
9. Schools and studios for art, dancing, drama, music, photography, interior
decorating or reducing.
�„_ 062308 1 Section 27
DRAFT SECTION 27, PROFESSIONAL OFFICE
102708
occupied by only one family within a single professional office building.
7. Call Centers.
8 Public institutions and nonprofit institutions of anv educational,
reliqious or cultural tvpe, includinq private and charter schools, but
excludinq corrective institutions and hospitals
D. LIMITATIONS OF USES: None specified.
E. PLAN REQUIREMENTS: No application for a building permit for construction of a
principal building shall be approved unless:
1. 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.
2. A Site Plan, meeting the requirements of Section 47, has been approved.
3. A Landscape °'Plan, meeting the requirements of Section 53, has been
approved. ��
F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements
shall apply:
1. MAXIMUM DENSITY: The maximum density within a P-O District shall not
exceed a floor area ratio of 1.0.
2. MINIMUM LOT SIZE: The minimum lot size in a P-O District shall be ten
thousand (10,000) square feet. Planned Professional Office Centers,
approved as a conditional use permit, shall be a minimum of two (2) acres.
3. MINIMUM OPEN SPACE: At least twenty (20) percent of the total lot area
shall be devoted to non-vehicular open space. (Non-vehicular open space is
any area not devoted to buildings, parking, loading,storage or vehicular use.)
a. Landscaping in excess of the required minimum open space that is
located in the rear yard of the site shall not be used to meet the
minimum open space requirements for fhe site.
4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all
main and accessory structures shall not exceed sixty(60)percent of the total
062308 3 Section 27
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DRAFT SECTION 28, CENTRAL BUSINESS DISTRICT
102708
Section 28 CBD Central Business District
PURPOSE: The CBD Central Business District is designed to accommodate the types of
business and commercial uses that have historically been located in the Grapevine Central
Business area.
A. PERMITTED USES: No building or structure or part thereof, shall be erected,
altered, or used, in whole or in part, for other than one or more of the following
specified uses:
1. Personal service establishments including beauty and barbershops,cleaning,
shoe repair, art and instructional studios, photography, and newsstands.
2. Drugstores.
3. Offices, including professional, business, governmental and administrative.
4. Retail stores and sales, including antique, art supply, automotive
accessories, sporting goods, business machine shops, clothing, dry goods,
- music, N 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 qoods in an_
enclosed buildinq provided the space does not exceed
square feet in area.
5. Furniture, including office furniture and equipment.
6. Clubs and lodges.
7. Museums.
8. Movie theaters and opera houses.
9. Publicly operated parking facilities.
10. Outdoor sales of inerchandise are prohibited during all sanctioned festivals,
except the holder of a special permit issued by the Grapevine Heritage
Foundation authorizing outdoor sales of inerchandise.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a
062308 Section 28
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DRAFT SECTION 28, CENTRAL BUSINESS DISTRICT °��
102708
3. Wine tasting facility with alcoholic beverage sales with on-premise and off-
premise consumption provided a special permit is issued in accordance with
Section 42.B. of the ordinance. All alcoholic beverage sales shall be
consistent with the Texas Alcoholic Beverage Code.
4. Automotive repair garages, within a completely enclosed building. Salvage
and/orwrecking yards are prohibited.All storage areas must be surFaced and
screening shall be provided in accordance with Section 58 and Section 50.
5. Artisan studios for the creations of crafts, furniture, and arts which are
handmade or handcrafted.
6. Restaurants, delicatessens, bakeries, and coffee shops including those with
outside dining.
7. Retail sales of secondhand qoods in an enclosed buildinq where the
size of the space exceeds square feet in area.
D. LIMITATION OF USES: No uses, other than uses existing at the date of this
Ordinance, which require extensive off-street parking, shall be permitted unless ' '
adequate off-street parking, consistent with Section 56 of this Ordinance, is
provided. Including but not limited to call centers.
E. PLAN REQUIREMENTS: Any new development in the CBD District shall require a
Site Plan in accordance with the provisions of Section 47 of this Ordinance.
F. DENSITY REQUIREMENTS: The following density requirements shall apply:
1. MAXIMUM DENSITY - The maximum density within the CBD District shall
not exceed a floor area ratio of 3.0.
2. LOT SIZE - Lots for any permitted use shall have a minimum area of fifteen
hundred (1,500) square feet.
3. MINIMUM OPEN SPACE - None required.
4. MAXIMUM BUILDING COVERAGE - The combined area occupied by all
main and accessory buildings and structures may cover one hundred (100)
percent of the total lot area.
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062308 Section 28
3
DRAFT SECTION 31, LIGHT INDUSTRIAL
102708
6. AI( other mechanical equipment shail be Iocated within a compietely
enciosed buiiding and shall meet the masonry requirements of Section 54.
7. Signs advertising use on the premises, in accordance with Section 60 of this
Ordinance.
C. CONDITIONAL USES: The following uses may be permitted, provided they meet
the provisions of, and a Conditional Use Permit is issued pursuant to Section 48 of
this Ordinance.
1. Freight forwarding warehouses.
2. Bulk storage of flammable liquids not associated with a permitted use,
subject to the provisions of City and/or State Fire Codes.
3. Railroad yards, areas for car storage, and switching facilities.
4. Outside storage in conjunction with permitted uses in Section 31.A. and
conditional uses in Section 31.C., provided that such storage shall be
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screened in accordance with Section 50, Alternates A or E.
5. Central mixing plants for asphalt, concrete, or other paving materials
(batching plant).
6. Automobile Impound. Salvage and/or wrecking yards are prohibited. All
storage areas must be surfaced and screened in accordance with Section 58
and Section 50. All required screening shall be in accordance with Section
50, Alternatives A or E.
7. Convenience stores, including prepared food carry-out service with alcoholic
beverage sales for off-premise consumption; provided a special permit is
issued in accordance with Section 42.B. of the Ordinance.
8. Publac institutions and nonprofit institutions of any educational, religious or
cultural type, includinq private and charter schools but excluding
correctional institutions and hospitals.
9. Any other manufacturing, warehousing, or wholesale uses, not provided for
in Section 31.A., Permitted Uses; Section 31.0 Conditional Uses; and not
062006 3 Section 31
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DRAFT SECTION 40, MIXED USE DISTRICT
102708
II. Movie Theater �
mm. Retail sales of second hand qoods in an enclosed
buildinq provided the space does not exceed
square feet in area.
4. Office:
Civic.
Mixed use (with residential).
Mixed use (without residential).
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses, strictly in accordance with an approved Site Plan as provided for
herein below:
1. Community, social, hobby or laundry facilities for use by occupants
of a development within the district.
2. Recreation space and facilities including exercise facilities and
weight rooms, tennis courts, racquetball, handball and volleyball �`�
courts, spas and swimming pools, for use by occupants of a
development within the district.
3. Parking and parking structures.
4. Other uses customarily incidental to the permitted uses.
C. CONDITIONAL USES: The following uses may be permitted, provided
they meet the provisions of Section 48 of the Zoning Ordinance, and a
Conditional Use Permit is issued, and is strictly in accordance with an
approved Site Plan as provided herein below.
1. Day care facility.
2. Alcoholic beverage sales provided a special permit is issued in
accordance with Section 42.B of the Zoning Ordinance.
3. Health clubs.
4. Retirement home.
5. Medical offices. ��-
101607 4 Section 40
DRAFT SECTION 40, MIXED USE DISTRICT
102708
6. Banks with drive through service.
7. Retail sales of secondhand qoods in an enclosed buildinq
where the size of the space exceeds
square feet in area.
D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The
procedure to follow to establish a Mixed Use Zoning (MXU) classification
shall be the same as that required to amend, repeal or alter the zoning on
a tract, or parcel of land as specified under Section 48 of the Zoning
Ordinance relating to Conditional Uses, except as otherwise provided for
herein. In the event of a conflict between Section 48 and this ordinance,
the terms of this ordinance shall take precedence. MXU zoning shall
permit development only in accordance with a Site Plan that has been
approved by the City Council. Property zoned MXU may only be used
and/or developed in accordance with its approved Site Plan. No
amendment(s) to an approved Site Plan are permitted without City Council
approval. A request to amend a Site Plan in a MXU district is a request to
re-zone the tract. Uses permitted under an approved Site Plan are only
permitted in strict accordance with the corresponding, approved Site Plan.
_ If the project is to be developed in phases, a proposed phasing plan that
identifies the anticipated sequence of development is required at the time
��"`� of application. The phasing plan shall delineate areas, building sites, land
use and improvements to be constructed in independent phases, and the
scheduled time frames, and sequencing of such phases.
E. SITE PLAN REQUIREMENTS: No application for a building permit for
construction of a principal building shall be approved unless:
1. 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.
2. A Site Plan meeting the requirements of Section 47 of the Zoning
Ordinance has been approved as specified under Section 48,
Conditional Uses.
3. A Landscape Plan, meeting the requirements of Section 53 of the
Zoning Ordinance and Section N, has been approved.
F. PERIOD OF VALIDITY. No Site Plan for the Mixed Use District shall be
valid for a period longer than one (1) year from the date on which the City
Council grants approval, 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.
101607 5 Section 40
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ORDINANCE NO. �
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
PROVIDtNG 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 necessaryforthe 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 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 square feet in area."
C. That Section 25 "CC" Community Commercial District Regulations is hereby
amended by amending subsection A.8. to read as follows:
"8. Retail sales of second hand goods in an enclosed building provided
the space does not exceed 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 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 square feet in area."
F. That Section 27 "PO" Professional Office District Regulations is hereby amended by
amending subsection A.8. to read as follows:
"8. Reserved for future use."
ORD. N0. 2
G. That Section 27 "PO" Professional Office District Regulations is hereby amended by -
adding subsection C.8. 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 square feet in area."
I. 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 square feet in area."
J. That Section 31 "LI" Light Industrial District is hereby amended by amending
subsection C.8. 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 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 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. 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:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4