Loading...
HomeMy WebLinkAboutORD 1985-039 ORDINANCE NO. 85-39 AN ORDINANCE AMENDING ORDINANCE NO. s2-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPEN— DIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS , BY PROVIDING FOR AMENDMENTS AND CHANGES TO DISTRICT REGULATIONS BY AMENDING SECTION 42 RELATING TO SUPPLEMENTARY DISTRICT REGU— �, LATIONS, AND BY ADDING A NEW SECTION 60 RELATING TO SIGN STANDARDS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF 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 VIGLATION OCCURS; 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 l . That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same beinq 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, cerified, and affirmed: �,� A. That Section 42 relating to Supplementary District Regu- lations be amended to read as provided in Exhibit "A" , attacried hereto and incorporated herein for all purposes by this reference. B. That a new section, Section 60, relating to Sign Standards be added which shall read as provided in Exhibit "B" , attached hereto and incorporated herein for all purposes by this reference. 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 pro- perly safeguard the health, safety, morals, peace , and general welfare of the public which requires that this ordinance become effective from and after the date of its passage, and it is accordinqly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of August, 1985. APPkOVED: � a Maycr �,�, ATTEST: City Secretary APPROVED AS TO FORM: City Attorney �,,:.� � � v.� EXHIBIT "A" Sec. 42. Supplementary District Regulation. �� A. TEMPORARY USES : 1 . The following uses , which are classified as temporary uses , may be permitted by the city council in any district not to excee3 a period of thirty (30) days except for (g) which shall be issued for a period of one year or less , subject to compliance with all other applicable city ordinances : (a) Carnivals . (b) Circus. (c) Fairgrounds . (d) Religious assemblies. (e) Sports events . (f) Political rallies. (g) Concrete mixing or batching plant uses temporarily by contractors during the construction of public improvements or buildings , and in such cases , the period of time for which the use is granted may be for a period of time provided in the contract for completion of such �,.,,,* public improvement or building, providing such temporary use is renewed annually. '� (h) Armed forces displays . (i) Educational displays. (j ) Temporary sa"les of inerchandise by nonprofit organizations . 2. A temporary use shall not be permitted r_earer than two hundred fifty (250) feet to a residentially zoned district except for (g) which shall not be located closer than one thousand (1 , 000) feet to a developed residentially zoned district. 3. A permit for the temporary use of any property for the above listed uses shall be secured from the building inspection department prior to such use after approved by the city council. 4. Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day' s use. Use of a parcel of property for any of the above listed uses for ���, more than thirty (30) days except for concrete mixing or batching plants , during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulation of Section 42 , Page 1 the zoning district in which such parcel of property is located. 5. Permission may be granted for a period not to exceed seven �`" (7) days by the City Manager as . a special privilege to civic organizations and other nonprofit organizations to allow temporary uses (a) , (b) , (c) , (d) , (e) , (h) , (i) and (j ) which shall not be located closer than sixty (60) feet to a residentially zoned district. B. SALE OF ALCOHOLIC BEVERAGES : l . Notwithstanding any other provision of this ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages , except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the Laws of the State of Texas shall be regulated and governed by the following use regulations and requirements : DEFINITIONS. For the purpose of this ordinance the following words and phrases shall have the meanings ascribed to them as follows : (a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes , either alone or when diluted. �M� (b) RESTAURANT shall mean a restaurant or eating establishment whose gross sales in Grapevine from food ;,� on an annual basis at the location represent at least fifty (50) percent of total sales with a conditional use as set out in Section 48. 2, The storage, possession, sale or serving of alcoholic beverages by any party for either on premises or off premises consumption, shall be illegal unless on property zoned specifically for that purpose as a Conditional Use in accordance with and pursuant to Section 48 of this ordinance. 3 . No party shall sell or serve alcoholic beverages for on premises consumption as the holder of a mixed beverage or private club permit except in a restaurant or on the premises of an entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body with a Conditional Use Permit in accordance with and pursuant to Section 48 . 4 . The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on premises '�'" consumption shall on an annual basis , no later than the thirtieth day of the month following each (12) months of operation, file with the city secretary an affidavit , on an "'�' officially approved form provided by the city secretary, Section 42, Page 2 that reflects gross sales for the preceding twelve (12) months breaking down the sales of food, alcoholic beverages and other items . The party shall also file on an annual ,���, basis at the same time the affidavit is filed a copy of the filing supplied to the State of � Texas for sales tax and alcoholic beverage tax purposes . "'�'` 5. A certiricate of occupancy shall be issued by the city' s building inspection department at such time as the party complies with all aspects of this zoning ordinance and all other applicable ordinances . No certificate of occupancy may be assigned or transferred and same is valid only as to the recipient. No party may operate a restaurant or private club that is zoned pursuant to Sections 42.B and 49 of this ordinance without a valid and current certificate of occupancy. 6. (a) The city' s building official upon receipt of information from the city secretary that the holder of a certificate of occupancy under Section 42.B of this ordinance has failed to comply with one or more of the requirements may cancel and terminate the party' s certificate of occupancy by giving the party written notice that specifies the violation. The notice requirement from the city shall be satisfied by placing said notice in the United States mail addressed to the last address provided in the city by the entity or party that holds a certificate of occupancy. The notice from the �� city shall state that the certificate of occupancy shall be cancelled unless the party or entity corrects the violation within thirty (30) days of receipt of the notice except as "�'" hereinafter set out . However, a party or entity that submits an annual report pursuant to Section 42.B. 4 . that does not satisfy the fifty (50) percent requirements relating to food sales shall have the alternative of filing monthly reports for a period of six (6) months . The monthly reports shall contain the same information and be in the same form as the a.r�nual reports except that said monthly reports shall reflect a cumulation of total sales for the preceding twelve-month period reflected in the annual report added to the monthly sales . (b) The party or entity submitting the monthly reports shall be deemed to have satisfied the Section 42.B. requirements if the monthly reports on or before the final sixth month reports filing show total sales from food to be at least fifty (50) percent of total sales . (c) Failure to file the monthly reports or failure to satisfy the food sales requirements by the end of the six-month period shall result in cancellation of the certificate of occupancy without the necessity of �� further notice. C. ACCESSORY BUILDINGS : � Section 42, Page 3 1 . An accessory building not exceeding one story in height may occupy not more than sixty (60) percent of a minimum required rear yard. 2. An accessory building exceeding one story or more in height � " may occupy not more than forty (40) percent of a minimum required rear yard. �_<� 3 . An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. Unless so attached, an accessory building in an R (residential) district shall be located on the rear one-half of the lot and at least ten (10) feet from any dwelling building existing or under construction on the same lot or any adjacent lot , except swimming pools , which may be located nearer than ten (10) feet from any dwelling existing as long as the excavation of the swimming pool does not in any wa� harm or endanger the existing building or dwelling. No accessory building shall be located nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure . In the case of a corner lot , no accessory building shall be located within any side yard required on the street side. A garage, detached from the main building, may be located no nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure . ,�„..� D. CORIvER LOTS : On corner lots the side yard on the street side shall be the same as required for the front, except on corner �� lots adjacent to a segment of a side street upon which no property fronts , said segment being defined as that portion of a street between one street intersection and the next, the minimum� side yard shall be fifteen ( 15) feet . This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of twent;�-eight (28) feet, nor to prohibit the erection of an accessory building on such lot where the regulation cannot be reasonably complied with. E. HEIGHT LIMITS : Height limitations stipulated elsewhere in this ordinance shall be modified as follows : l. Chimneys , �aater towers , monuments , cupolas , domes , spires , standpipes , false mansards , parapet walls , drive-in theater screens , similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city. 2. On through lots with double frontage one hundred fifty (150) feet or less in depth, the height of a building may be ,� measured from the curb level on either street . On through lots , more than one hundred fifty (150) feet in depth, the height regulation and basis of height measurement for the �, street permitting the greater height shall apply to a depth Section 42, Page 4 of not more than one hundred fifty (150) feet from the street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation. �- � F. REQUIRED YARDS : 1 . Where the frontage or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) � classes of districts , the setback on the most restricted district shall apply to the entire block, 2. If thirty t30) percent or more of the frontage on one side of a street between two (2) intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half (1 1/2) times the depth of front yard otherwise required. 3 . The side, front and rear yard requirements for dwellings shall be waived where dwellings are erected above stores and shops . 4 . The planning and zoning commission may recemu:end and the city council may require a minimum front yard, rear yard or side yard greater than that required as a minimum set back by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. � S . The face (door) of a private garage, either attached or detached shall not be located closer than twenty (20) feet to any side or rear lot line in any residential district. 6 . [�'hen the owner of two (2) or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines , he shall make application with the department of building inspection for a building permit and in the application he shall state which lots are involved, provide information �ahich shows any easement, drainage swell, or other natural or man-made obstruction on or along the side yard lot line which is to be covered by the structure and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as to construction of a principal use structure or accessory use structure over an interior side yard lot line, the side yard setback requirements in all single-family zonirg districts shall be waived and a building permit may be issued for construction of a principal use structure over an interior lot line. In no ��. event shall the exterior side yard setback requirements be violated an.d no more than one principal structure plus those accessory uses set forth in the above residential zoning districts shall ever be constructed upon two (2) or more Section 42 , Page 5 lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, r_o structure shall be constructed thereon nor shall it be added to another lot until it has been replatted � ' to combine it with another lot. or lots as permitted by Article 974a, Vernon' s Annotated Texas Civil Statutes . �� G. PROJECTIONS INTO REQUIRED YARDS : Certain architectural features , fences , walls , and hedges may project into or be located in required yards as follows : 1 . Cornices , eaves and sills not more than two (2) feet into any required yard. 2 . Balconies , bay windows and chimneys n.ot more than three (3) feet into front yards , or two (2) feet into side and rear yards . 3 . Patios and open porches may be located no closer than six (6) feet to any side yard property line nor closer than ten (10) feet to the rear property line. In the case of a corner lot , patios or porches shall be subject to the regular street side yard requirements of the district. 4 . RESERVED 5. An open fire escape not more than three and one-half (3 1/2) feet into rear yards , provided that such structure does not � obstruct ventilation or light . 6 . Any fence , wall, hedge, shrubbery, etc. , no higher than a �. base line extending from a point two and one-half (2 1/2) feet above front walk grade to a point four and one-half (4 1/2) feet above walk grade at the depth of the front yard, and single trees having single trunks which are pruned to a height of seven (7) feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences , walls , hedges , shrubbery, etc. on the side street except that the city council may be special ordinance, permit the construction of a fence not to exceed eight (8) feet in height, which does not project more than five (5) feet into the required side yard setback area. 7 . No object, or combination of objects , includir.g 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 Section 42 , Page 6 maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two ar�d one-half (2 1/2) feet above the top of the adjacent roadway curb and eight (8) feet above the top of �� the adjacent street curb , or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines , � the right-ef-way line thirty-five (35) feet from the ixitersection, 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 objects , placed, 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 o�mer, 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. 8. No mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or mctors of five (5) horsepower or more installed in a residentially zoned district, P-0, C-N, C-C, C-OU, M-FW or in any industrial district under this ordinance shall be permitted in the required side yard or rear yard abutting a residentially zoned district. �� H. Right-of-way and easement dedication requirements �� 1 . Under the institution and laws of the State of Texas and the provisions of this ordinance, the zoning power of the city is hereby exercised for the purpose of promoting the health, safety, morals and general welfare of the general public under a comprehensive plan designed to lessen congestion in the streets , to secure safety from fire, panic and other dangers , to promote the health and ger_eral welfare of the general public , to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools , parks and other public improvements , and the city council finds that the transportation, water, sewerage, drainage and public utility facilities are not adequate to lessen congestion in the streets , to secure safety from fire and panic , to prevent unsanitary conditions to provide adequate light and air, prevent the overcrowding ot land, to avoid undue concentration of population, facilitate the adequate provision of transportation, water drainage, sewerage and other public requirements in the area zoned herein should any portion of said area be developed tor residential or �`'`' professional or commercial or industrial or agricultural or amusement or airport purposes and uses or a combination of any of said purposes and uses and the city sha11 regulate � the use of all of the property rezoned herein in order to Section 42, Page 7 lessen congestion in the streets , to secure safety from fire, panic and other dangers , to promote the health and general welfare of the general public , to provide adequate light and air, to prevent the overcrowding of land, to avoid � undue concentration of population, and to facilitate the adequate provision of transportation, water , drainage , sewerage, and other public requirements and in so regulating `�`" the use of said property does hereby require that prior to the issuance of a building permit and certificate of occupancy that the primary means of access have a minimum right-ef-way width along the entire frontage of the property as follows , and further, if property should be a corner lot, said property shall have acce�s to both streets having a minimum right-of-way width prior to issuance of a building permit and certificate of occupancy as follows (corner lots shall be considered to front on each street for purposes of determinirg minimum right-of-way) : Minimum right-of-way Residential centerline to front property line Minor street 25 feet Secondary street 30 feet Major street 50 feet Multifamily Minor street 30 feet � Secondary street 40 feet Major street 50 feet Commercial Minor street 30 feet Secondary street 40 feet Major street 50 feet Retail Minor street 30 feet Secondary street 40 feet Major street 50 feet Industrial Minor street 30 feet Secondary street 40 feet Major street 50 feet Before the issuance of a building permit and certificates of occupancy the owner shall cause to exist right-of-way for drainage , sewerage, water and utility as the director of � public works shall determine to be reasonable and necessary to facilitate adequate provision for water , sewerage , drainage and utilities . � Section 42 , Page 8 2. Nothing in the above provision shall be interpreted as requiring the dedication of property. 3 . In order to secure the safety from fire, panic and other �+� dangers and to facilitate the adequate provision of transportation, water , sewerage, drainage, public utilities and prevent unsanitary conditions , prior to the issuance of +� a building permit , the director of public works shall determine whether or �ot the owner of land zoned herein must file a plat showing existing and proposed watercourses , drainage, drainage ditches , widths and dimensions of proposed street or streets , alle��s , easements , drainage facilities , lot lines , building setback lines , topographical information with contours at an intervai of one foot referred to city date with reference to bench marks where available, which contours shall fall within the one-third of a contour interval of their true location although contour intervals of five (5) feet may be allowed if the terrain is steep enough to warrant these intervals as well as other information reasonably required by the director of public works to determine the safety and effect of the proposed development and construction on the citizens of the City of Grapevine . No building permit shall be issued until the director of public works has either approved said plat or determined a plat is not required. �� � Section 42, Page 9 EXHIBIT "B" Sec. 60. Sign standards . � Signs are recognized as- a significant and specific use of land for the purpose of protection of places and areas of historical and cultural ,�:� importance; to increase safety and lessen congestion in the streets ; to conserve the value of buildings ; to preserve residential values ; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs . No sign shall be erected, placed, or located except i�. accordance with the following standards : SECTION 60 SIGNS A. SIGN PERMITS. No sign, except for signs listed in Section 60 , shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60 . It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or portable on-site business si�ns in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit . No signs shall be �e4� permitted except as specified in this Section 60. B. CLASSIFICATION OF SIGNS. �� — — l. Functional Types . (a) NAMEPLATE SIGNS . A permanent sign affixed to the exterior wall of a buildir_g, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, where applicable , a professional status . (b) ON-PREMISES SIGNS. A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. (c) DEVELOPMENT SIGNS. A temporary sign identifying the developing tract of land on which it is located. In residential districts , said sign shall be removed after 3 years , or when 75% of the lots are sold whichever occurs first . In all other zoning districts , said sign shall be removed within 30 days of the issuance of the � first Certificate of Occupancy. (d) CODISTRUCTION SIGNS . A temporary sign containing the ,,,� names of architects , engineers , landscape architects , Section 60 , Page 1 contractors , and similar artisans involved in the design and construction of a structure or project . This temporary sign may be located only on the premises on �, �, which the construction is taking place and only during the period when construction is taking place. Said sign shall be removed prior to the issuance of the first �� Certificate of Occupancy. (e) REAL ESTATE SIGNS. A temporary sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures , or a portion thereof located thereon. Said sign shall be removed upon the sale or lease of the property. (f) POLITICAL SIGNS . A temporary sign meeting the requirements of Chapter 20, Article II , Division 3 of the Grapevine Code of Ordinances . 2. Structural Types . (a) AWNING, CANOPY AND MARQUEE SIGNS . A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this ordinance. No such sign shall project above, beZow, or beyond the physical dimensions of the awning, canopy or marquee. �-� (b) GROUND SIGNS . Any sign, except a portable sign, permanently placed upon, or supported by, the ground independently of the principal building or structure on the property the top edge of which sign is no more than six (6) feet above ground level. Ground signs must conform to the following regulations : (1) Sign support shall be masonry, non-decaying wood, or 8" x 8" structural steel tubing. (2) Sign face shall be non-decaying wood, or flat , clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors . (c) POLE SIGNS. A sign that is mounted on a free-standing pole, conforming to the followir.g regulations : (1) Sign supports : 8" x 8" structural steel tubing, or columns constructed of brick matching those used in the construction of the buildings in the development. (2) Sign cabinet : �ro5q Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face. � (3) Minimum sign cabinet dimensions : Section 60, Page 2 6 ' 10" wide x 5 ' 10" high x 8" deep '' `° (4) Maximum sign cabinet dimensions : 6' 10" wide x 11 ' 6" high x 8" deep �,..,,x. (5) Sign face : Flat , clear acrylic sheet; all copy and background sprayed on seconc�� surface with acrylic colors . (6) Sign finish: Degrease, prime, and finish coat all exposed metal surfaces as required. (7) Sign support and cabinet color: Pantone 404(c) Painted surfaces are to match special color; color swatch will be provided by the City of Grapevine. Color Number: Pantone ��404 (c) (8) Internal illumination: Internal illumination provided by fluorescent lamps spaced no further than 12 inches on center. "�"�M (9) Overall s ign height: „�,,� All signs are to be 20 feet in height. (d) PROJECTING SIGNS . A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building, but less than 36 inches . (e) ROOF SIGNS. A sign fastened to or resting on the roof of a structure. (f) WALL SIGNS . A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface , and which does not project more than 12 inches from such building. (g) PORTABLE COMMERCIAL BILLBOARDS . Any sign which is supported by the ground but not attached to the gr.ound, or other object which is used primarily to advertize to the general public for commercial purposes ; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business , church, '�"`" development or other establishment that is being advertised. � (h) PORTABLE ON-SITE BUSINESS SIGNS . Any sign supported by the ground but not attached to the ground or other Section 60, Page 3 object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business , church, development or �. other establishmer�t that is being advertised. C. GENERAL STANDARDS ,�,,,� l . GROSS SURFACE AREA OF SIGNS . The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in. no case passing through or between any ' adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sigr_ which do not form an integral part of the display. The gross area of a sign shall be .measured on only one side of a sign. When two or r.:ore signs are located on a zoning lot, the gross surface area of all signs on the lot shall not eYceed the maximum gross surface area per street frontage set by the applicable district regulations , except as is provided by Section 60.C. 8. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters . 2. HEIGHT OF SIGNS . Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sigr.. 3 . BUILDING AND ELECTP.ICAL CODES APPLICABLE. Al1 signs must "��' conform to the regulations and design standards of the Building Code and other ordinances of the City of Grapevine. �,F� Wiring of all electrical signs must conform to the Electrical Code of the City of Grapevine. 4 . ILLUMINATED SIGNS . Signs shall be shaded wherever necessary to avoid casting a bright light upon property lacated in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district , which sign is visible from such residential district, shall not be illuminated between the hours of 11 : 00 p.m. and 7 : 00 a.m. 5. FLASHING OR MOVING SIGNS . No flashing signs , rotating or moving signs , animated signs , signs with moving lights , or signs which create the illusion of movement shall be permitted. A sign on which the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time, temperature, or message and do not change more frequently than every fifteen (15) seconds . 6. ACCESSWAY OR WINDOW, No sign shall block any required �� accessway or window. 7. SIGNS ON TREES OR UTILITY POLES . No sign shall be attached � Section 60 , Page 4 to a tree, utility pole, or fence post whether on public or private property. 8. CORNER AND THROUGH LOTS . On corner and through lots each lot line that abuts a street or highway shall be considered "' a separate street frontage. On corner and through lots restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs � , facing each street or highway that abuts th� lot. 9. METAL SIGNS. (a) Signs constructed of inetal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of at least nine feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of at least nine feet to ground. (b) No metal ground sign shall be located within eight feet vertically and four feet horizontally of electric wires or conductors in free air carrying more than 48 volts , whether or not such wires or conductors are insulated or otherwise protected. 10 . PERMITTED POLE AND GROUND SIGNS . In all districts where pole and ground signs are permitted, only one of the two structural types shall be permitted per lot. ,,,.,>_ 11 . Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by .�..,�. any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Community Development, or at the owner ' s election such sign shall be removed. A sign which has been permitted to remain in place as a non conforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters , symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60�) per cent of the cost of erecting a new sign of the same type at the same location. D. TRAFFIC SAFETY. (1) No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any � � traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. .,�. ;_ Section 60, Page 5 (2) No sign shall be located in any vision triangle formed by the center lines of any two intersecting streets . At any intersection where at least one of the intersecting streets is an arterial street (as ��� defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be ,�„ 120 feet in length as measured outward from the point of intersection of such center lines along such center lines . At all other intersections , each of such sides shall be 80 feet in length. E. Exemptions . 1 . The following signs shall be exempt from the requirements of this Section. (a) Flags , or emblems of a government or of a political, civic , philanthropic , educational or religious organization, when displayed on private property. (b) Signs of a duly constituted governmental body, including traffic or similar regulatory devices , legal notices , warnings at railroad crossings , and other instructional or regulatory signs having to dc with health, hazards , parking, swimming, dumping, etc. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or ` ` regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, �., _ rule or regulation. (d) Small signs , not exceeding five square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives , parking areas , one-way drives , rest rooms , freight entrances , and the like. (e) Scoreboards in athletic stadiums . (f) Temporary political signs regulated by Chapter 20, Article II, Division 3 , of the Gragevine Code of Ordinances . (g) Signs in the right-of-way regulated by Chapter 20, Article I, Section 20-17. 1 of the Grapevine Code of Ordinances . (h) Permission is granted as a special privilege to any business in a properly zoned area to display flags , banners , and balloons for a period not exceeding two weeks in any calendar year in connection with grand �'�' openings or special sales being conducted by said business . Such signs and their placement must be approved by the Director of Community Development. A permit shall be required. Such flags , banners , and Section 60 , Page 6 balloons may be erected and maintained only during such two-week periods . (i) Permission may be granted by the Director of Community p Development as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times , and under the conditions specified �"� by the Director of Community Development. A Permit shall be required. 2 . The following signs are exempt from the zoning permit requirement of Section 60.A. , but shall comply with all of the other regulations imposed by this Section: (a) Nameplate signs not exceeding two square feet in gross surface area-accessory to a single-family or two-family dwelling. (b) Nameplate signs not exceeding 15 square feet in gross surface area-accessory to a multiple family dwelling. (c) On premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises . F. S..i�n.s�. in R-20 , R-12. 5 , R-7 . 5 , R-3 . 75 , R-TH, RMF-1 , RMF-2 , PRD-6 , and PRD-l�tricts . �,.:.,. 1 . FUNCTIONAL/STRUCTURAL TYPES PERMITTED. `"'°�` The following perr.iitted functional uses shall be limited to the associated structural types of signs : (a) ON-PREMISES SIGNS : for churches , convents and other places of worship , parks , playgrounds and nature preserves . (1) Ground Signs (2) Wall Signs (b) DEVELOPMENT SIGNS : (1) Ground Signs (2) Pole Signs (c) CONSTRUCTION SIGNS : (1) Ground Signs � - (2) Pole Signs (d) REAL ESTATE SIGNS : See definition 60 .B. 1 . (e) . �.�.,� Section 60 , Page 7 2. NUMBER OF SIGNS PERMITTED. (a) ON-PREMISES : one (1) per platted lot ,,��:., (b) DEVELOPNiENT: One (1) per sia.bdivision ,�, (c) CONSTRUCTION: One (1) per each 10 platted lots , not to exceed a total of 4 signs per subdivision. (d) REAL ESTATE: One (1) per platted lot. 3. MAXIMUM GROSS SURFACE AREA: (a) ON-PREMISES SIGNS: 32 square feet. (b) DEVELOPMENT SIGNS: 64 square feet. (c) CONSTRUCTION SIGNS: 32 square feet. (d) REAL ESTATE SIGNS : 6 square feet. 4. MAXINNM HEIGHT: (a) DEVELOPMENT SIGNS : 15 feet. (b) CONSTRUCTION SIGNS : 12 feet. ,�, .. (c) REAL ESTATE SIGNS : 6 feet. 5. REQUIRED SETBACK: � + (a) ON-PREMISES: 15 feet from the front lot line. (b) DEVELOPMENT: 10 feet from the front lot line. (c) CONSTRUCTION: 15 feet from the front lot line. (d) REAL ESTATE: 5 feet from the front lot line. 6. ILLUMINATION: No sign shall be illuminated except that On-Premises signs may be illuminated with incandescent or fluorescent light. G. SIGNS IN THE CBD CENTR.AL BUSINESS DISTRICT. l. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs : (a) NAMEPLATE SIGNS . (1) Wall �ri� (b) ON-PREMISES SIGNS. Section 60 , Page 8 (1) Wall Signs (2) Ground Signs �` ` (3) Awning, canopy, marquee (4) Projecting � (c) REAL ESTATE SIGNS . (1) Wall 2. NUNiBER OF SIGNS PERMITTED: (a) 1��AMEPLATE: One (1) per store front . (b) ON-PREMISES : Awr_ing, canopy, marquee and either (1) one wall or (1) one projecting sign. (c) REAL ESTATE: One (l� per store front. (d) GROUND SIGN: One (1) per platted lot . 3 . MAXIN:L'M GRO S S SURFACE AREA: (a) NAMEPLATE : 2 square feet . (b) ON-PREMISES : 50 square feet except that projecting ,��,� signs shall be limited to 35 square feet. (c) REAL ESTATE: 32 square feet . �,,.r (d) WALL SIGNS : 25� of the wall not to exceed 64 square feet. 4 . MAXIMUM HEIGHT: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8) feet and maximum of ten (10) feet above side walk grade. 5 . REQUIRED SETBACK: (a) Ground Signs : 10 feet 6 . ILLL'MINATION: Illuminated signs are permitted for Nameplate and On-Premises signs only. H. CN NEIGHBORHOOD, CC COMMUNITY, BUSINESS, AND PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS . 1 . FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to �" the associated structural t�pes of signs . (a) NAMEPLATE SIGNS : �,,� Section 60 , Page 9 (1) Wall (b) ON-PREMISES SIGNS : �:- (1) Wall � � (2) Awning, canopy, marquee (3) Ground (4) Pole (c) DEVELOPMENT SIGNS : (1) Ground (2) Pole (d) CONSTRUCTION SIGNS: (1) Ground (2) Pole (e) REAL ESTATE SIGNS: (1) Ground ,�. . (2) Wa l l �.. . (3) Pole 2. NUMBER OF SIGNS PERMITTED: (a) NAMEPLATE SIGNS : One (1) per lease space. (b) ON-PREMISES SIGNS: One (1) ground or pole sign per platted lot and one (1) awning, canopy, marquee, or wall sign per lease space. (c) DEVELOPMENT SIGNS : One (1) per platted lot. (d) CONSTRUCTION SIGNS : One (1) per platted lot . (e) REAL ESTATE SIGNS : One (1) per platted lot. 3 . MAXIMUM GROSS SURFACE AREA: (a) NAMEPLATE SIGNS : 2 square feet. (b) ON-PREMISES : 50 square feet. �-« (c) DEVELOPMENT: 64 square feet. (d) CONSTRUCTION: 64 square feet. � (e) REAL ESTATE: 64 square feet. Section 60 , Page 10 (f) WALL: 25% of the wall not to exceed 64 square feet. 4 . MAXIMUM HEIGHT: ,�.. ,,. (a) Development, construction, real estate : 15 feet. �� 5 . REQUIRED SETBACK: (a) ON-PREMISES : 10 feet. (b) DEVELOPMENT: 10 feet . (c) CONSTRUCTION: 15 feet. (d) REAL ESTATE: 15 feet. 6 . ILLUMINATION. Illuminated signs are permitted for Nameplate and On-Premises signs only. I. LB, P0, and HCG DISTRICTS . 1 . FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs : (a) NAMEPLATE SIGNS : � (1) Wall �,.W (b) ON-PREMISES SIGNS : (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (c) DEVELOPMENT SIGNS : (1) Ground (2) Pole (d) CONSTRUCTION SIGNS: (1) Ground (2) Pole .� 5 (e) REAL ESTATE SIGNS : (1) Ground �� Section 60 , Page 11 (2) Wall (3) Pole � " 2. NUMBER OF SIGNS PERMITTED: (a) NAMEPLATE SIGNS : �...� (1) One (1) per lease space. (b) ON-PREMISES SIGNS: One (1) ground or pole sign per platted lot and One (1) awr.ing, canopy, marquee, or wall sign per lease space. (c) DEVELOPNIENT SIGNS: One (1) per platted lot. (d) CONSTRUCTIOPd SIGNS : Or.e (1) per platted lot, (e) REAL ESTATE SIGNS: One (1) per platted lot. 3 . MAXIMUM GROSS SURFACE AREA: (a) NAMEPLATE: 2 square feet. (b) ON-PREMISES : 50 square feet . (c) DEVELOPN�r1T: 64 square feet. � (d) CONSTRUCTION: 64 square feet. (e) REAL ESTATE: 64 square feet. �, , (f) WALL: 25� of the wall not to exceed 64 square feet. 4 . MAXIMUM HEIGHT: (a) DEVELOPMENT, CONSTRUCTION, REAL ESTATE: 15 feet . (b) ON-PREMISES : Awning, canopy, marquee; thirty (30) feet in HCO District. 5 . REQUIRED SETBACK: (a) ON-PREMISES : 10 feet. (b) DEVELOPMENT: 10 feet. (c) CONSTRUCTION: 15 feet. (d) REAL ESTATE : 15 feet. 6 . ILLUMINATION: Illuminated signs are permitted for Nameplate ,�-..�„ and On-Premises signs only. J. HC HIGHWAY COMMERCIAL DISTRICT. �` 1 . FUNCTIONAL/STRUCTURAL TYPES PEP.NIITTED. Section 60 , Page 12 The following permitted functional uses shall be limited to the associated structural types of signs . �._.� (a) NAMEPLATE SIGNS: �,.� (1) Wa11 (b) ON-PREMISES SIGNS: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (c) DEVELOPMENT SIGNS : (1) Ground (2) Pole (d) CONSTRUCTION SIGNS : (1) Ground � (2) Pole �. _. (e) REAL ESTATE SIGDIS : (1) Ground (2) Wall (3) Pole 2. NUMBER OF SIGNS PERMITTED: (a) NAMEPLATE SIGNS : One (1) per lease space. (b) CN-PREMISES SIGNS: One ( 1) ground or pole sign per platted lot and one (1) awni_ng, canopy, marquee, or wall sign per lease space. (c) DEVELOPMENT SIGNS: One (1) per platted lot. (d) CONSTRUCTION SIGNS: One ( 1) per platted lot. (e) REAL ESTATE SIGNS : One (1) per platted lot. �n� 3. MAXIMUM GROSS SURFACE AREA: (a) NAMEPLATE SIGNS: 2 square feet. � (b) ON-PREMISES: 50 square feet. Section 60, Page 13 (c) DEVELOPMENT: 64 square feet. � (d) CONSTRUCTION: 64 square feet. (e) REAL ESTATE: 64 square feet. �m� (f) GIALL: 25% of the wall not to exceed 64 square feet. 4 . MAX IMLTM HE I GHT: (a) Development, construction, real estate: 15 feet. 5 . REQUIRED SETBACK: (a) ON-PREMISES : 10 feet. (b) DEVELOPMENT: 10 feet . (c) CONSTRUCTION: 15 feet. (d) REAL ESTATE: 15 feet. 6. ILLUMINATION: Illuminated signs are permitted for Nameplate and On-Premises signs only. K. LI LIGHT INDUSTRIAL AND PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS . " ` 1 . FUNCTIONAL/STRUCTURAL TYPES PERMITTED. �r_,.� The following permitted functional uses shall be limited to the associated structural types of signs . (a) NAMEPLATE SIGNS : (1) Wall (b) ON-PREMISES SIGNS : (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (c) DEVELOPMENT SIGNS : (1) Ground �..� (2) Pole (d) CONSTRUCTION SIGNS: � (1) Ground Section 60 , Page 14 (2) Pole � _ (e) REAL ESTATE SIGNS : (1) Ground "���� (2) Wa 11 (3) Pole 2. NUMBER OF SIGNS PERMITTED: (a) NAMEPLATE SIGNS : One (1} per lease space. (b) ON-PREMISES SIGNS : One (1) groun� or pole sign per platted lot and one (1) awning, canopy, marquee, or wall sign per lease space. (c) DEVELOPMENT SIGNS: One (1) per platted lot. (d) CONSTRUCTION SIGNS : One (1) per platted lot. (e) REAL ESTATE SIGNS: One (1) per platted lot. 3. MAXIMUM GROSS SURFACE AREA: (a) NAMEPLATE SIGNS: 2 square feet. � (b) ON-PREMISES: 50 square feet. ~ (c) DEVELOPMENT: 64 square feet. (d) CONSTRUCTION: 64 square feet. (e) REAL ESTATE: 64 square feet. (f) WALL: 257 of the wall not to exceed 64 square feet. 4. MAXIMLTM HEIGHT: (a) Development, construction, real estate: 15 feet. 5. REQUIRED SETBACK: (a) ON-PREMISES: 10 feet. (b) DEVELOPMENT: 10 feet. (c) CONSTRUCTION: 15 feet. (d) REAL ESTATE: 15 feet. �� 6. ILLUMINATION: Illuminated signs are permitted for Nameplate and On-Premises signs only. � L. APPLICATION TO EXTRATERRITORIAL JURISDICTION. Section 60, Page 15 In a.ccordance with article 10150-1 , Tex. Rev. Civ. Stat. Ann. , the provisions of this Section 60 are extended to the extraterritorial jurisdiction of the City as defined by the � Municipal Annexation Act (Art. 970a, Tex. Rev. Civ. Stat. Ann. ) �� �,-_ � .. � .. �� Section 60 , Page 16