HomeMy WebLinkAboutORD 1999-090 ,. ORDINANCE N0.99-90
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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 67 AMENDMENTS, RELATIVE TO
THE WITHDRAWAL OF A ZONING APPLICATION;
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
G BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
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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 67 Amendments, subsection A.3 is hereby amended in its
entirety to read as follows:
"A.3. A waiting period of one (1) year between the date an application for
amendment to the zoning ordinance, or a requested change in zoning, is
denied by the City Council and a new application for such a change or
amendment is accepted, is hereby established. The one-year waiting period
shall be applicable to all requested amendments and changes for the same
zoning district, or districts, on all or any portion of the property previously
considered for amendment or change in zoning; provided, however, said
one-year waiting period shall not be applicable to any proposed amendment
or change instituted by the City Council or Planning and Zoning Commission
� � or to any proposed amendment or change denied by the City Council without
prejudice. For purposes of this section, denied by the City Council shall
mean that on final reading: (a) a motion by the City Council to deny the
� , requested zoning change passed by a majority of the quorum present and
voting; or (b) a motion by the City Council to deny or approve the requested
�.,� zoning change received a tie vote of the quorum present and voting; or (c)
a motion by the City Council to approve the requested zoning change failed
for lack of having the necessary votes; or (d) a motion by the City Council to
approve a withdrawal of a requested zone change, when requested by the
applicant, that is approved by a majority of the quorum present and voting.
A denial without prejudice must be expressly granted by the City Council,
except that a tie vote shall automatically constitute a denial without
prejudice."
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,
�- F which remaining portions shall remain in full force and effect.
� �p 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 15th day of June, 1999.
APPROVED:
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William D. Tate
Mayor
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ORD. NO. 99-90 2
ATTEST:
Lind Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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ORD. NO. 99-90 3