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HomeMy WebLinkAboutORD 1986-044 ORDINANCE NO. 86-44 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, BY PRO- VIDING FOR AMENDMENTS AND CHANGES TO DISTRICT REGULATIONS BY ADDING NEW WORDS TO SECTION 12 RELATING TO DEFINITIONS; ���^ AND BY AMENDING SECTION 67A.C. RELATIVE TO APPLICATION FOR ZONING CHANGES; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1 ,000 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COM- MITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVER- ABILITY 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 new word definitions to Section 12 relating to �` Definitions be added in the appropriate alphabetical order to read as follows: �.,,,a� "Density shall mean the measure of the degree to which land is filled with residential units designed to accommodate a family group. Measurement excludes public or private streets in calculating density per acre. " "Commercial laundry shall mean a heavy commercial service in which items such as clothes and linens are cleaned. This definition includes cleaning for hospitals, restaurants, hotels and diaper cleaning services as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. A commercial laundry plant shall exceed 5 , 000 square feet of floor area and no plant containing less than 5 ,000 square feet shall be considered a commercial laundry. " B. That Item C of Section 67A relating to Application For Zoning Changes be amended to read as follows : "Denial - A waiting period of one 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 . 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 a sum not to exceed One Thousand Dollars ($1 , 000 . 00) for each offense 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 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 regu- lations 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. ��Y, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF „�,;�, GRAPEVINE, TEXAS on this the 15th day of July, 1986 . APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM: �� City Attorney �