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Home My WebLink AboutORD 1991-077 .�-� ORDINANCE NO. 91-77 CITY OF GRAPEVINE, TEXAS +� "AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS � 11MENDING THE CITY' S COMPREHENSIVE ZONING ORDINANCE N0. 82-73 , AS FROM TIME TO TIME AMENDED, BY ADDING TO THE CITY OF GRAPEVINE CODE OF ORDINANCES AN AMENDED APPENDIX D RELATING TO HISTORIC PRESERVATION; PROVIDING FOR A SUBDISTRICT OVERLAY ZONING DISTRICT FOR HISTORIC LANDMARK PRESERVATION; DEFINING HISTORIC LANDMARK; DECLARING POLICY; PROCEDURE FOR DESIGNATION OF HISTORIC LANDMARKS; ESTABLISHING CRITERIA TO BE USED IN DETERMINING HISTORIC LANDMARKS; 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 IS CONTINUING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the Legislature of the State of Tegas has ,�>_� recognized the importance of protecting and preserving places and areas of historical and cultural importance and significance by enacting Section 211. �01 and 211. 003 of the Texas Local Government Code, empower.ing cities to adopt regulations and restrictions for the protection of such places and areas; and WHEREAS, the Planning and Zoning Commission and the City Council recognize that the City of Grapevine has certain historical, cultural and architectural focal points; and . WHEREAS, within the City of Grapevine there are a number of areas, places, buildings, structures and other objects having significant historical, archaeological or cultural interests and value which reflect the heritage of the City; and WHEREAS, the rapid change in population, economic functions and land use activities in the City has increasingly threatened to uproot or destroy many significant buildings, land, areas or districts having important historical architectural, archaeological or cultural interest and values which reflect the heritage of the City; and once uprooted or destroyed, their distinctiveness is gon� forever; and ,�, WHEREAS, it is desirable to preserve these reminders of _ Grapevine ' s culture and heritage for the enlightenment of its citizens ; and 'i.w. WHEREAS, commercial activity and economic prosperity of the City are enhanced by preservation af the City' s character �"� as portrayed by its historic landmarks ; �nd WHEREAS, all of the statutory requirements , including notices and public hearings, relative to amendments to the Zoning Ordinance have been duly complied with; and WHEREAS, the Planning and Zoning Commission has recommended that the Zoning Ordinance be amended in order to provide a historical landmark designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine' s Comprehensive Zoning Ordinance, No . 82-73 , as amended, is amended by adding a , new section known as Section 39 , which shall read as follows : i ' Section 39 . HISTORIC LANDMARK I . � (a) Establishment of "H" zoning designation as a !, � historic landmark subdistrict. Any zoning ' district designation appearing on the Zoning District Map may be followed by the suffig "H° indicating a Historic Landmark subdistrict . Such ,�. ,, subdistrict may include buildings, land, areas, or ' districts or historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education, and welfare of the people. The "H" designation shall apply to those premises, lots or tracts designated through procedures set + forth herein. Additional principal and accessory uses may be permitted in any specific "H" subdistrict and shall be enumerated --in the ; ordinance establishing such historic landmark ' subdistrict, provided such uses are included in ? the zoning application. Such suffig shall not affect the legal use of the property and the basic underlying zoning of the property ezcept as provided in the ordinance establishing the subdistrict. . (b) Historic Landmark - defined As used in this Section, the term "Historic Landmark" shall mean any buildings, land, areas or districts of historical, architectural, , �, archaeological or cultural importance or value, which the City Council determines shall be " protected, enhanced and preserved in the interest i. of the culture, prosper.ity, education and welfare ; '"�" of the people. i i � , -2- 0890X (c) Declaration of Policy ' �� The City Council hereby finds and declares as a matter of public policy that the protection, �„r., enhancement, preservation and use of historic� landmarks is a public necessity and is required in ' the interest of the culture, prosperity, education ', and welfare of the people. ' (d) Historic Landmarks - Desianation ', The City Council may designate certain buildings, land, areas, and districts in the City as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed , to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract, a parcel of land under Section 48 relating to conditional uses . After all notice requirements of State Zoning I Statutes have been complied with and all required public hearings conducted pursuant to said State Statutes and upon receipt of the Planning and. Zoning Commission' s recommendations, the City Council may designate the building, land, area or district within the "H" suffig. The suffia "H" `� � shall indicate the zoning subdistrict designation of those buildings, land, areas and districts �, which the City Council has designated historic landmarks . Such designation shall be in addition to any other zoning district designation i established in the Comprehensive Zoning i Ordinance. All Zoning District Maps shall reflect ; the designation of a historical landmark � subdistrict by the letter "H" as a suffig. � (e) Historic Landmarks - Criteria to be �Used in ; Determination I I In making such designation as set forth in Section �d) above, the City Council and the Planning and Zoning Commission shall consider one or more of ; the following criteria: {1) Character, interest or value as part of the development, heritage or cultural characteristics of the City of Grapevine, State of Tezas, or the United States ; � (2) Identification with a person or persons who � significantly contributed to the culture � and development of the City; � � (3) Location as the site of a significant ; historic event; � -3- ` 0890X � (4) Ezemplification of the cultural, economic, �.� social or historical heritage of the City; (5) Relationship to other distinctive buildings, sites or areas which are "�"" eligible for preservation according to a plan based on historical, cultural or architectural motif; (6) Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City; (7) Value as an aspect of community sentiment or public pride. (8) Detailed recommendation from the Historic Preservation Commission. (f) Present Use Not Affected Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Comprehensive Zoning Ordinance of the City. ,d. , 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 egceed Two Thousand Dollars ($2, 00O . 00j 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 thereof to 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 4 . The fact that the present ordinances and regulations of the City of Grapevine, Tezas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Tegas, 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. � � I ' � -4- i '� 0890X i PASSED AND APPROVED by the City Council of the City of �,� Grapevine, Texas this the 15th day of October , 1991 . � � Mayor, City of Grapevine, Teaas ATTEST: i Secretary, City of Grapevin , Tegas [SEAL] APPROVED AS TO FORM: (?'C City Attorney, �� City of Grapevine, Tegas w�..,� � � -5- 0890X