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HomeMy WebLinkAboutORD 1991-048 � ,, ORDINANCE NO. 91-48 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 42 SUPPLEMENTARY DISTRICT REGULATIONS; 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 42 relative to Supplementary District Regulations is hereby amended by amending Section 42 .G. 7 . to read as follows: �� 7. No object or combination of objects, including but not limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain which cannot be removed by reasonable landscaping techniques including retaining walls constructed below or at the same grade line of � said natural existing terrain shall be excluded from the objects otherwise prohibited by this paragraph. And said object or combination of � objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so �.,, as to interfere with the visual line of sight at an elevation between three (3) feet above the top of the adjacent roadway curb and six (6) feet above the top of the adjacent street curb, �""' or if there is no curb then from the average street curb grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way line twenty (20) feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. Any object or combination of objects, placed, planted, or maintained is an obstruction constituting a traffic hazard. Any object or combination of objects, piaced, planted or maintained in violation of this paragraph, shall be removed upon written notice by certified mail from the Building Official of the City, or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten (10) days after � receipt of such notice shall constitute a violation of the Zoning Ordinance. " �`� 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 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, paraqraph, 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 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 16th day of Jul� , 1991. �.� APPROVED: � 1 Willi m D. Tate Mayor ATTEST: Huff City Secretary APPROVED AS TO FORM: . _. , � � �� ,.�° `i � _ .__ � _._._. . �� -�.��. . � ..� ,.�--��, �... John F. Boyle, Jr. � � City Attorney �,�� �� �