HomeMy WebLinkAboutORD 2018-044 ORDINANCE NO. 2018-044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF
THE CITY CODE OF GRAPEVINE, TEXAS; AMENDING
SECTION 43, NONCONFORMING USES AND
STRUCTURES; AMENDING SECTION 60, SIGN
STANDARDS; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00); PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY;
PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 43 of the Zoning Ordinance regulates nonconforming uses
and structures; and
WHEREAS, Section 60 of the Zoning Ordinance of the City of Grapevine regulates
Sign standards; and
WHEREAS, the City Council wishes to amend Section 43 and Section 60 of the
Zoning Ordinance also known as Appendix "D" of the City Code of Grapevine, Texas; and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council 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.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Section 43 of the Zoning Ordinance — "Nonconforming Uses
and Structures", is hereby amended by adding Subsection (I)(4), which shall read as
follows:
"4. In the event that a 2010 right-of-way acquisition by a governmental agency
necessitates the alteration or redevelopment of an off-premise advertising
sign existing in whole or in part and fronting on State Highway 114, City
Council may approve such alteration, and any other alterations,
enlargements, or remodeling deemed appropriate through a conditional use
permit.
Section 3. That Section 60 of the Zoning Ordinance — "Sign Standards", is
hereby amended by revising Subsection (B)(2)(o) to shall read as follows:
"o. CONVERTED DIGITAL BILLBOARD. An off-premise advertising sign
existing in whole or in part that is converted to a sign, display or device,
internally illuminated, which changes the static message or copy by
electronic means.
1. An off-premise advertising sign existing in whole or in part may be
altered or redeveloped to a Converted Digital Billboard only if all of the
following conditions are met:
the advertising sign exists in whole or in part and fronts State
Highway 114.
ii. a 2010 right-of-way acquisition by a governmental agency
necessitates the alteration or redevelopment of the existing off-
premise advertising sign,
iii. City Council approves the conversion with a conditional use
permit, and
iv. Converted Digital Billboards are permitted only on State Highway
114 and any Converted Digital Billboard must be at least 9,000
feet from any other Converted Digital Billboard, as measured on
either side of State Highway 114.
[The remainder of this Section shall remain unchanged.]
Section 4. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect
provided, however, that the ordinance or ordinances under which the cases currently filed
and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed
repealed only when all such cases filed and pending under such ordinance or ordinances
have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or
dismissal.
Section 5. Any person, firm or corporation 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 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
111 continues.
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Section 6. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance 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 7. 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 15th day of May, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST: oRnp
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Tara Brooks t \ , 6
City Secretary *-*_-
APPROVED AS TO FORM:
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City Attorney
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