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HomeMy WebLinkAboutItem 04 - AM07-01 Zoning AmendmentsAM07-01 - Zoning Ordinance Amendments to Section 12, Definitations and Section 49, Special Use Permits relative to publi rail stations and Section 60, Sign Regulations relative to real estate signage SECTION 60. SIGN REGULATIONS At the September 19, 2006 public hearing, Dan Truex, Development Manager, delivered a presentation summarizing his study of office vacancies in Grapevine. One of the items identified by some City Council Members in this presentation was a concern regarding real estate signs. Many properties have few if any vacancies, yet have real estate signage on the property. This practice gives the appearance that there is much more vacancy in Grapevine than there actually is. As a result of input from City Council at previous workshops, Staff has proposed amendments to the sign ordinance that would require all permits for real estate signs exceeding eight square feet in area to be accompanied by a notarized affidavit stating that the building is less than 100% occupied, excluding common areas. The amendment would also require removal of real estate signs when 100% of a building is occupied, excluding common areas. This permit may be renewed annually upon submittal of a renewal fee and a notarized affidavit certifying that the building is less than 100% occupied, excluding common areas. A provision has also been made to allow real estate signs to be placed on properties with vacancies to occur within 30 days, again by submitting a notarized affidavit. Staff has never required permits for small real estate signs less than eight square feet in area. However, the zoning ordinance has not provided a distinction between different sizes of real estate signs. Staff has proposed an exception to allow real estate signs less than eight square feet to be placed without permits. This would allow property owners to advertise upcoming vacancies that are more than 30 days from occurring. Furthermore, the proposed amendments would reduce the height and surface area permitted for real estate signs in our commercial and industrial zoning districts. Properties fronting on State Highways 114, 121, 360 and State Highway 26 west of Texan Trail/Ruth Wall Road would be allowed to have larger signs, however, at the request of City Council, they would still be one half the size previously allowed by the ordinance. These amendments should help to restrict the practice of placing large real estate signs on property that is fully (or almost fully) leased, and lessen their visual impact by reducing size and area. Summary of Major Changes Definition of Real Estate signs has been amended to allow signs to be installed if the building has a vacancy, or a potential vacancy within 30 days. A permit and signed affidavit are required. Permits are valid for one year, but may be renewed. V shaped signs shall be constructed such that the angle between sign face does not exceed 90 degrees. Real Estate signs not exceeding eight square feet are exempt from ordinance requirements. Only one such sign shall be placed per street front per property. 2 0:\ZCU\AM07-01.4.doc 2/5/2007 1:13:51 PM Allowable size of Real Estate signs in residential districts is increased from six square feet to eight square feet. Allowable size of Real Estate signs in all other district has been reduced to 16 square feet from 64 square feet, and height has been reduced from 15 feet to 10 feet. Exception: Signs fronting on State Highways 114, 121, 360 and State Highway 26 may be 32 square feet and 15 feet in height. 3 0AZCU\AM07-01.4.doc 2/5/2007 1:13:51 PM SECTION 12, DEFINITIONS 012407 Section 12. Definitions 329. PRIVATE CLUB shall mean a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 330. PROFESSIONAL SERVICE shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 331. PUBLIC shall mean promotion of a public cause or service, including utilities having a franchise from the City of Grapevine, but excluding other profit- making organizations. 331a. PUBLIC RAIL STATION shall mean a facility owned by a municipal, state or federal entity or a public transportation authority where passengers may board a type of rail service which may be light rail, commuter rail, or some other form of passenger rail service. Such facilities may include provisions for parking, and other uses such as retail, office, or meeting space. 332. PLANNED COMMERCIAL CENTER shall mean a center consisting of one, (1) or more lots having a total site area of a minimum of five (5) acres with a combination of permitted and conditional uses in the zoning district for which the zoning application is made. 333. PERSONAL CARE FACILITY shall mean an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only. 091906 Section 12 DRAFT SECTION 49, SPECIAL USE PERMITS 012407 Section 49. Special Use Permits 14. Off-street parking lots, accommodating a permitted or conditional use within the "LB" Limited Business District, "GV" Grapevine Vintage District, "CN" Neighborhood Commercial District, "CC" Community Commercial District, "HC" Highway Commercial District, "PO" Professional Office District, "CBD" Central Business District, "HG7 Historic Grapevine Township District, "HCO" Hotel and Corporate Office District, "RA" Recreation/Amusement District, "LI" Light Industrial District, "BP" Business Park District, "PCD" Planned Commerce Development District, and "PID" Planned Industrial Development District, which require any payment for parking. (a) EXCEPTIONS: The following uses shall be exempt from the requirements of this section. (1) Valet parking services. 16. Public Rail Station Facilities. C. APPLICATION: An application for a Special Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. D. CONTENTS OF APPLICATION. An application for a Special Use Permit shall be filed with the Director of Development Services, or such other official as he may designate. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Commission or the Director of Development Services. The applicant's name and address and his interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. A description of the proposed special use; DRAFT SECTION 60, SIGN REGULATIONS 012407 Section 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 in accordance with the following standards: 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 on-site business signs 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 permitted except as specified in this Section 60. B. CLASSIFICATION OF SIGNS. 032106 1. Functional Types. a. NAMEPLATE SIGNS. A permanent sign affixed to the exterior wall of a building, 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 -PREMISE 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 four (4) years, or when ninety (90) percent of the lots are sold, whichever occurs first. In all other zoning districts, M Section 60 032106 SECTION 60, SIGN REGULATIONS 012407 said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. CONSTRUCTION SIGNS. A temporary sign containing the names of architects, engineers, landscape architects, 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. Real Estate signs advertising the lease or rent of buildings or space within buildings shall comply with the following regulations: (1) The sign shall be removed when the building is one hundred (100) percent occupied. This percentage shall be exclusive of common areas. (2) The property owner or authorized management company (but in no case the sign contractor) shall submit a notarized affidavit with all permit applications for real estate signs on a form provided by the City. Said affidavit shall certify that the building is less than one hundred (100) percent occupied, exclusive of common areas. (3) The sign permit shall be valid for a period of not more than one year or when the structure becomes one hundred (100) percent occupied, exclusive of common areas, whichever comes first. The permit may be renewed annually provided the building is less than one hundred (100) percent occupied, exclusive of common areas. A twenty one dollar ($21.00) renewal fee is required. A new affidavit (as described above) shall be submitted certifying that the building is less than one hundred (100) percent 4 Section 60 2. 032106 SECTION 60, SIGN REGULATIONS 012407 occupied, excluding common areas. (4) In lieu of providing an affidavit certifying that the building is less than one hundred (100) percent occupied, the property owner or authorized Management Company may provide a notarized affidavit showing that a vacancy will occur within thirty (30) days. f. POLITICAL SIGNS. A temporary sign meeting the requirements of Chapter 20, Article II, Division 3 of the Grapevine Code of Ordinances. g. SUBDIVISION SIGNS. A sign identifying a subdivision on which it is located. The subdivision sign shall not be located in any right-of-way or easement in the subdivision. h. TEMPORARY DIRECTIONAL SIGNS: A temporary sign permitted for a period of two years, directing attention to the location of a developing subdivision located in Grapevine that is zoned R-7.5, 8- 12.5, R-20 or R-5.0. Said sign shall not be located in any right-of-way or easement. 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, below, or beyond the physical dimensions of the awning, canopy or marquee. b. GROUND SIGNS. A sign, except a portable sign, permanently placed upon, or supported by the ground independent 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, except ground signs in the HGT District shall be three (3) feet above ground level. All ground signs must conform to the following regulations: (1) Sign support shall be masonry, non -decaying wood, or structural steel tubing. 3 Section 60 IN 1. SECTION 60, SIGN REGULATIONS 012407 (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. (3) Maximum gross surface area: Sixty (60) square feet, except signs in the HGT District shall be nine (9) square feet. (4) Ground Sign Conditional Uses: The following Conditional Uses may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued: Sign face with changeable copy. (5) Ground Signs in the BP Business Park District: i. Maximum sign height: Ten (10) feet Maximum gross surface area: Two hundred (200) square feet. iii. Changeable Copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. C. MONUMENT SIGNS. A sign permanently placed upon, or supported by the ground independent of the principal building or structure on the property. The height of the sign, including the base shall be measured from ground level. A monument sign shall be solid from the ground up; pole(s) or support(s) shall be concealed. A monument sign may be located on a two (2) foot high berm or masonry planter box. All monument signs must conform to the following regulations: (1) Sign support shall be masonry or 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. 0 Section 60 SECTION 60, SIGN REGULATIONS 012407 (3) Maximum gross surface area: One hundred (100) square feet except as provided for in Section 60.B.2c.6. (4) Maximum sign height: Ten (10) feet except as provided for in Section 60.B.2c.6. (5) Changeable copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. (6) Monument Signs in the HC Highway Commercial District For Properties Fronting Wall Street: Maximum sign height: Six (6) feet. ii. Maximum gross surface area: Sixty (60) square feet. iii. Changeable Copy: Sign face with changeable copy may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued. d. POLE SIGNS. A sign that is mounted on a freestanding pole, conforming to the following regulations: (1) Engineering Regulations. All pole signs shall be designed in accordance with Chapter 23 of the Grapevine Building Code. All plans and specifications shall be prepared by a professional engineer. Wind pressure design for signs shall be twenty (20) pounds per square foot for signs less than thirty (30) feet in height and twenty-five (25) pounds per square foot for signs thirty (30) feet to forty (40) feet in height. (2) Sign Cabinet. Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Development Services. (3) Sign Cabinet Minimum Gross Surface Area. Thirty (30) square feet. Section 60 5 F:• 1 032106 SECTION 60, SIGN REGULATIONS 012407 (4) Maximum Sign Cabinet Dimensions and Maximum Gross Surface Area. The maximum gross surface of the sign cabinet shall be one hundred eight (108) square feet with a maximum cabinet width of twelve (12) feet, a maximum cabinet height of twelve (12) feet and a maximum cabinet depth of fourteen (14) inches. (5) Sign Face. Flat, clear acrylic sheet, or other material approved by the Director of Development Services; all copy and background sprayed on second surface with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon tubing on solid background. (6) Changeable Copy. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. All explanatory text related to the changeable copy shall be calculated as a part of the thirty (30) percent gross surface area. (7) Sign Finish. Degrease, prime, and finish coat all exposed metal surfaces as required. (8) Sign Support Color. Painted surfaces are to match architecturally with the main structure on the lot. (9) External Illumination. Neon tubing on a solid background is allowed. (10) Internal Illumination. Internal illumination provided by fluorescent lamps spaced no further than twelve (12) inches on center. (11) Overall Sign Height. All signs to be twenty (20) feet in height. (12) Pole Sign Conditional Uses. The following Conditional Uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued: C:1 Section 60 90-1141 032106 SECTION 60, SIGN REGULATIONS 012407 a. All pole signs erected after April 17, 2001 will be permitted upon approval of a conditional use permit. b. A sign face with changeable copy exceeding thirty (30) percent of the gross surface area of the sign face. C. Pole signs on property zoned Neighborhood Commercial, Community Commercial and Highway Commercial and located adjacent to Highway 121 (excluding south of the Highway 360 intersection not extending past a point 2,400 feet due south of the southern right-of-way of Timberline Drive), Highway 360 and Highway 114 (excluding Business 114), and F.M. 2499 may be a minimum of twenty (20) feet in height up to forty (40) feet in height. Pole signs on property located contiguous to Highway 26 shall be limited to twenty (20) feet in height, except for Lots 1 and 2, Block 1, Wal-Mart Addition, which shall have pole signs up to thirty (30) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. d. The Director of Development Services may approve the replacement of an existing pole sign, approved in conjunction with a conditional use permit, with a monument sign. e. PROJECTING SIGNS. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building, but less than forty-eight (48) inches. If. ROOF SIGNS. A sign fastened to or resting on the roof of a structure. g. WALL SIGNS. A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the a Section 60 032106 SECTION 60, SIGN REGULATIONS 012407 supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. h. PORTABLE COMMERCIAL BILLBOARDS. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise 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. L PORTABLE ON-SITE BUSINESS SIGNS. Any sign supported by the ground but not attached to the ground or other 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 establishment that is being advertised. j. PORTABLE SANDWICH BOARD. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. (3) Signs shall not be placed in front of adjoining property. No portion of the sign shall extend more than three (3) feet from the building face. (4) A minimum clear sidewalk width of forty-eight (48) inches shall be maintained. (5) Chalkboards may be used for daily changing messages. No changeable letters on tracks may be used. (6) Sign must be removed after business hours. k. HISTORIC WALL SIGN. A sign painted directly on a building existing as of October 18, 1994, which is a restoration of or an exact replica of N. Section 60 SECTION 60, SIGN REGULATIONS 012407 a sign advertising a historic former premise or a product. A replica sign must be documented as a historic sign known to have previously existed on a building in Grapevine. I. TEMPORARY DIRECTIONAL SIGNS: A sign supported by the ground, conforming to the following regulations: (1) Maximum sign height shall be fifteen (15) feet. (2) Maximum area: The maximum gross surface of the sign cabinet shall be sixty-four (64) square feet for signs placed on State Highways and thirty-two (32) square feet for signs placed on property fronting streets designated on the City of Grapevine Thoroughfare Plan. (3) Permitted locations: Signs shall be located only on property fronting State Highways or property fronting on streets designated on the City of Grapevine Thoroughfare Plan. (4) Maximum number of signs shall be two (2) signs for any subdivision. (5) Minimum spacing shall be one hundred (100) feet measured radially from all other off-site development signs. (6) The sign shall be removed upon permits being issued to build upon ninety-five (95) percent of the lots being advertised. (7) Temporary Directional Signs are permitted in all zoning districts. (8) Permits issued for Temporary Directional Signs shall be issued for periods of two years. Permits shall become null and void when permits are issued to build upon ninety-five (95) percent of the lots in a subdivision being advertised. (9) Removal of signs: Permittee agrees to remove signs promptly after the permit expires or is terminated. Permittee submits a bond with the application in face amount equivalent to the cost of removing same in the event the sign is not removed within Section 60 i7 DRAFT SECTION 60, SIGN REGULATIONS 012407 thirty (30) days expiration or termination of the permit. The bond is for the benefit of the City, who may recover its costs incurred in removing same. Permittee, in its application, authorizes the City to remove the sign and releases the City, its officers, agents, servants and employees from all injuries and damages for removal of the same after permittee fails to remove same. C. GENERAL STANDARDS. 1. 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 sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign, provided however, that v -shaped signs shall have an angle of ninety (90) degrees_ or less between sign faces. When two (2) or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed 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 sign. 3. BUILDING AND ELECTRICAL CODES APPLICABLE. All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Grapevine. 4. ILLUMINATES SIGNS. Signs shall be shaded wherever necessary to avoid casting a bright light upon property located 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 032106 im Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 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 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 the lot. 9. METAL SIGNS. a. Signs constructed of metal 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 (9) feet. Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of at least nine (9) feet to ground. b. No metal ground shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. 10. PERMITTED MONUMENT AND GROUND SIGNS. In all districts where monument and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one monument or ground sign may be permitted for Planned Commercial Centers provided they meet the provisions of Section 48, and a Conditional Use Permit is issued. 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 032106 11 Section 60 r-. SECTION 60, SIGN REGULATIONS 012407 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 Development Services, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming 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) percent of the cost of erecting a new sign of the same type at the same location. 12. Planned Commercial Centers are defined as having a five (5) acre minimum size with a combination of retail stores, offices, personal service establishments and similar uses. 13. PORTABLE AND VEHICLE SIGNS. 032106 a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for such sign or constitute the sign itself. Such signs attached to or upon any vehicle or mobile structure shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising establishments, services or products. b. It shall be an affirmative defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total hours such vehicle is in use. C. Exceptions: 1. Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 12 Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 2. Political signs in or upon a motor vehicle when not illuminated. 14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. D. TRAFFIC SAFETY. 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. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) 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 one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. 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. 1) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar Section 60 13 032106 SECTION 60, SIGN REGULATIONS 012407 regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premise signs or commercial billboards shall not be exempt from this section. (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, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. (f) Temporary political signs regulated by Chapter 20, Article II, Division 3, of the Grapevine Code of Ordinances. (g) Signs in the right-of-way regulated by Chapter 20, Article 1, 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 (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. 14 Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 Such signs and their placement must be approved by the Director of Development Services. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for an extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. (i) Permission may be granted by the Director of Development Services 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 Development Services. A permit shall be required. (j) On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. (k) Historic Replica Signs: A sign designed to replicate or duplicate a documented, previously existing sign. Such sign shall be located in a designated historic district and must receive a certificate of appropriateness from the Historic Landmark Commission and a permit shall be required (1) On premise signage consisting of painted roof signs when not visible from the subject property line, public right-of-way, or public access easement. A permit shall be required for this form of signage. (m) Real estate signs not exceeding eight (8) square feet in area or six (6) feet in height, provided however, that not more than one (1) sign be placed per street frontage. 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 (2) square feet in gross surface area accessory to a single-family or two-family dwelling. Section 60 15 DRAFT SECTION 60, SIGN REGULATIONS 012407 (b) Nameplate signs not exceeding fifteen (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. SIGNS IN R-20, R-12.5, R-7.5, R-5.0, R-3.5, R-3.75, R -MH, R-TH, R -MF -1, R -MF -2, R-MODH, PRD -6, PRD -12, and HGT DISTRICTS. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) On -Premise Signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in RMF -1 and RMF -2 zoning districts and neighborhood day care centers and Bed and Breakfast Inns approved with a special use permit in accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District. (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District (b) Development Signs: See definition 60.B.1.(c) (c) Construction Signs: See definition 60.B.1.(d) (d) Real Estate Signs: See definition 60.B.1.(e). (e) Subdivision Signs: (1) Ground signs 2. NUMBER OF SIGNS PERMITTED. 032106 (a) On -Premise: One (1) ground sign per platted lot and one (1) wall sign per street frontage. (b) Development: One (1) per subdivision. 16 Section 60 SECTION 60, SIGN REGULATIONS 012407 (c) Construction: One (1) per each ten (10) platted lots, not to exceed a total of four (4) signs per subdivision. (d) Real Estate: One (1) per platted lot. (e) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. (a) On -Premise Signs: Thirty-two (32) square feet. (b) Development Signs: Sixty-four (64) square feet. (c) Construction Signs: Thirty-two (32) square feet. (d) Real Estate Signs: Six (6) Eight 8 square feet. (e) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development Signs: Fifteen (15) feet. (b) Construction Signs: Twelve (12) feet. (c) Real Estate Signs: Six (6) feet. 5. REQUIRED SETBACK: (a) On -Premise: Fifteen (15) feet from the front lot line. (b) Development: Ten (10) feet from the front lot line. (c) Construction: Fifteen (15) feet from the front lot line. (d) Real Estate: Five (5) feet from the front lot line. (e) Subdivision Sign: Fifteen (15) feet from the front lot line. Section 60 17 SECTION 60, SIGN REGULATIONS 012407 6. ILLUMINATION. No sign shall be illuminated except that on -premise signs may be illuminated with incandescent or fluorescent light. G. SIGNS IN THE CBD CENTRAL BUSINESS DISTRICT. 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 (b) On -Premise Signs: (1) Wall signs (2) Ground signs (3) Awning, canopy, marquee (4) Projecting (5) Portable sandwich board (6) Historic wall sign (c) Real Estate Signs: (1) Wall (a) Nameplate: One (1) per storefront. (b) On -Premise Signs: Awning, canopy, marquee, and either one (1) wall sign per each individual wall for each lease space or one (1) projecting sign, and one (1) ground sign per platted lot, one (1) portable sandwich board per building and historic wall signs as approved by the Historic Preservation Commission. (c) Real -Estate: One (1) per storefront. 3. MAXIMUM GROSS SURFACE AREA: 032106 (a) Nameplate: Two (2) square feet. (b) Projecting Signs: Twenty-five square feet. in Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 (c) Real -Estate: Thirty twe' ' Sixteen (16) square feet. (d) Wall Signs: Fifteen (15) percent of the wall, except for historic wall signs approved by the Historic Preservation Commission. (e) Awning, Canopy and Marquee: Twenty-five (25) percent of the awning, canopy or marquee. 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 above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. (a) Ground Signs: Ten (10) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premise signs only. H. CN NEIGHBORHOOD, CC COMMUNITY COMMERCIAL, RA RECREATION/AMUSEMENT AND PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS. 032106 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 (b) On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (c) Development Signs: See definition 60.8.1.(c) 19 Section 60 2. SECTION 60, SIGN REGULATIONS 012407 (d) Construction Signs: See definition 60.13.1.(d) (e) Real Estate Signs: See definition 60.8.1.(e). (f) Subdivision Signs: (1) Ground NUMBER OF SIGNS PERMITTED; (a) Nameplate Signs: One (1) per lease space. (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee, sign per lease space; one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a conditional use or property zoned CC Community Commercial, PCD, or HC, the City Council may authorize and approve one (1) or more additional ground, monument or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (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. (f) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: 032106 (a) Nameplate Signs: Two (2) square feet. 20 Section 60 SECTION 60, SIGN REGULATIONS 012407 (b) Developments: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Si)d+r-{" Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development, Construction, Real ate: Fifteen (15) feet. (b) Real Estate: Ten (10) feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highwav 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. 032106 NJ Section 60 SECTION 60, SIGN REGULATIONS 012407 LB, GV, PO, AND MCO DISTRICTS. 1. FUNCTIONAUSTRUCTURAL TYPES PERMITTED. 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 (upon approval of a conditional use permit; not allowed in the Grapevine Vintage District) (5) Monument (c) Development Signs: See definition 60.13.1.(c) (d) Construction Signs: See definition 60.13.1.(d) (e) Real Estate Signs: See definition 60.8.1.(e). (f) Subdivision Signs: (1) Ground 2. NUMBER OF SIGNS PERMITTED: 032106 (a) Nameplate Signs: One (1) per lease space. (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each 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. 22 Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 (f) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: (a) Nameplate: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Sixty-€eur (" Sixteen (16) square feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy, Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development, Construction, Real Estate: Fifteen (15) feet. (b) Real Estate: Ten (10) feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highway26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. (cb) On -Premise: Awning, canopy, marquee: Thirty (30) feet in HCO District. (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. Section 60 23 DRAFT SECTION 60, SIGN REGULATIONS 012407 (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. J. HC HIGHWAY COMMERCIAL DISTRICT. 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 (b) On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (c) Development Signs: See definition 60.8.1.(c) (1) Ground (2) Pole (d) Construction Signs: See definition 60.13.1.(d) (1) Ground (2) Pole (e) Real Estate Signs: See definition 60.13.1.(e). (f) Subdivision Signs: (1) Ground 2. NUMBER OF SIGNS PERMITTED: 032106 Section 60 032106 SECTION 60, SIGN REGULATIONS 012407 (a) Nameplate signs: One (1) per lease space. (b) On -Premise Signs Excluding Properties Fronting Wall Street: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use or property zoned CC Community Commercial, PCD or HC, the City Council may authorize and approve one (1) or more additional ground, monument or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (c) On -Premise Signs For Properties Fronting Wall Street: One (1) monument sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use, the City Council may authorize and approve one (1) or more additional monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (d) Development Signs: One (1) per platted lot. (e) Construction Signs: One (1) per platted lot. (f) Real Estate Signs: One (1) per platted lot. (g) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 25 Section 60 SECTION 60, SIGN REGULATIONS 012407 3. MAXIMUM GROSS SURFACE AREA: (a) Nameplate Signs: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Sixty -feu -(64) Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: 1 W. (a) Development, Construction, Rea' Estate: Fifteen (15) feet. (b) Real Estate: Ten (10) feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highwav 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. 0 Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premises signs only. K. LI LIGHT INDUSTRIAL, BP BUSINESS AND PID . DEVELOPMENT 032106 FUNCTIONAUSTRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit; not allowed in the Business Park District) (5) Monument (c) Development Signs: See definition 60.B.1.(c) (d) Construction Signs: See definition 60.13.1.(d) (e) Real Estate Signs: See definition 60.B.1.(e) (f) Subdivision Signs: (1) Ground (a) Nameplate Signs: One (1) per lease space. (b) On -Premise Signs: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space. However, in the case of a Planned Business Park approved pursuant M Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 to a conditional use permit on property zoned BP Business Park, the City Council may authorize and approve one (1) or more additional ground or monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for additional ground or monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a conditional use permit. (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. (f) Subdivision Signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: (a) Nameplate Signs: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real Estate: Si)dy-#our (64) Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, Canopy or Marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision Signs: Sixty-four (64) square feet per lot. 4. MAXIMUM HEIGHT: 032106 Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 (a) Development, Construction, Real Esta : Fifteen (15) feet. (b) Real Estate: Ten (10) feet, except that signs located on lots fronting State Highways 114,121, 360 and State Highway26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. (a) On -Premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real Estate: Fifteen (15) feet. (e) Subdivision Signs: Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on - premise signs only. L. GU GOVERNMENTAL USE DISTRICT Signs in a Governmental District shall meet the sign requirements of the most restrictive adjacent or contiguous district, except wall, ground, or monument signs are permitted for public schools adjacent to any district. The City Council may authorize and approve a sign that does not comply with the most restrictive adjacent or contiguous district where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such a sign in order to properly and adequately apprise the public relative to the activities being conducted on the site by issuance of a Conditional Use Permit. In accordance with Article 10150-1, Texas Revised Civil Statues Annotated, the provision of this Section 60 is extended to the extraterritorial jurisdiction of the City as defined by the Municipal Annexation Act (Art. 970a, Texas Revised Civil Statutes 032106 W Section 60 DRAFT SECTION 60, SIGN REGULATIONS 012407 Annotated.) 032106 Section 60 30 kpP,D ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL 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 CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; SECTION 49, SPECIAL USE PERMITS AND SECTION 60, SIGN STANDARDS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, 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 City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 12 Definitions is hereby amended by the addition of paragraph 331 a as follows: "331 a. PUBLIC RAIL STATION shall mean a facility owned by a municipal, state or federal entity or a public transportation authority where passengers may board a type of rail service which may be light rail, commuter rail, or some other form of passenger rail service. Such facilities may include provisions for parking, and other uses such as retail, office, or meeting space." B. That Section 49 Special Use Permits is hereby amended by the addition of paragraph B.16 to read as follows: 16. Public Rail Station Facilities." C. That Section 60 Sign Standards is here by amended in its entirety as shown in the attached Exhibit "A." 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) 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 or 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 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of February, 2007. ATTEST: APPROVED AS TO FORM: ORD. NO. 2