HomeMy WebLinkAboutORD 2007-055 ORDINANCE NO. 2007-55
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 20 "R-TH"
TOWNHOUSE DISTRICT AND AMENDMENTS TO ALL
APPLICABLE SECTIONS OF THE ZONING ORDINANCE
RELATIVE TO THE ELIMINATION OF PUBLIC UTILITY USES
AS A PERMITTED USE; 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 20 "R-TH" Townhouse District Regulations is hereby amended
in its entirety as shown in the attached Exhibit "A".
B. That Section 13 "R-20" Single-Family District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
C. That Section 14 "R-12.5" Single-Family District Regulations is hereby
amended by deleting subsection A. 4. and renumbering the remainder of the
section.
D. That Section 15 "R-7.5" Single-Family District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
E. That Section 16 "R-5.0" Zero-Lot-Line District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
F. That Section 17 "R-3.5" Two-Family District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
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G. That Section 18 "R-3.75" Three-and Four-Family District Regulations is
hereby amended by deleting subsection A. 5. and renumbering the remainder
of the section.
H. That Section 21 "R-MF-1" Multifamily District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
That Section 22 "R-MF-2" Multifamily District Regulations is hereby amended
by deleting subsection A. 4. and renumbering the remainder of the section.
J. That Section 22A "R-MODH" Modular Home District Regulations is hereby
amended by deleting subsection A. 2.
K. That Section 23 "LB" Limited Business District is hereby amended by deleting
subsection A. 5. and renumbering the remainder of the section.
L. That Section 24 "CN" Neighborhood Commercial District Regulations is
hereby amended by deleting subsection A. 6. and renumbering the remainder
of the section.
M. That Section 26 "HC" Highway Commercial District is hereby amended by
deleting subsection A. 2. and renumbering the remainder of the section.
N. That Section 27 "PO" Professional Office District Regulations is hereby
amended by deleting subsection A. 9. and renumbering the remainder of the
section.
O. That Section 29 "HCO" Hotel and Corporate Office District is hereby
amended by deleting subsection A. 7. and renumbering the remainder of the
section.
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.
ORD. NO. 2007-55 2
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 18th day of September, 2007.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2007-55 3
EXHIBIT "A" TO ORD. 2007-55
Page 1 of 8
Section 20. R-TH Townhouse District Regulations
PURPOSE: The R-TH Townhouse District is established to accommodate the variable
dwelling concepts which currently exist in the residential marketplace. This district includes
medium density residential development that is single-family, on separately platted lots with
frontage onto publicly dedicated streets, and typically owner-occupied.
USES GENERALLY: In an R-TH district, no land shall be used and no building shall be
erected or converted to any use other than as hereinafter provided.
A. PERMITTED USES: The following uses shall be permitted as principal uses:
1. Single-family attached dwellings.
2. Churches, convents, and other places of worship.
3. Parks, playgrounds, and nature preserves, publicly owned.
4. Temporary buildings when they are to be used only for construction
purposes or as a field office within a subdivision approved by the City
for the sale of the real estate of that subdivision only. Such temporary
construction buildings shall be removed immediately upon completion
or abandonment of construction and such field office shall be removed
immediately upon occupancy of ninety-five (95) percent of the lots in
the subdivision.
5. Model homes and model home parking lots are permitted as a
temporary use in new subdivisions, provided a notice is continually
posted in a prominent place in a livable area in the home and the
owner signs an affidavit on a form approved by the Director of
Development Services affirming compliance with all the regulations of
this Section.
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses to dwelling units provided that none shall be a source of income to the
owner or user of the principal family dwelling:
1. Private swimming pools and tennis courts no closer than seventy-five
(75) feet to any adjacent residential district.
2. Cabana, pavilion, or roofed area.
3. Meeting, party, and/or social rooms in common areas only.
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EXHIBIT "A" TO ORD. 2007-55
Page 2 of 8
4. Off-street parking and private garages in connection with any use
permitted in this district.
5. One storage building per dwelling unit one hundred (100) square feet
or less, and having no plumbing.
6. Communication equipment meeting the requirements of Chapter 7,
Article XII of the Grapevine Code of Ordinance.
No accessory uses may be located between the building line and the front
property line.
Private garages on lots having a minimum width of less than forty (40) feet
must be entered from the side or rear. Said lots shall not have driveways on
or within the front building setbacks.
C. CONDITIONAL USES: The following conditional uses may be permitted
provided they meet the provisions of Section 48, and a conditional use permit
is issued.
1. Public and non-profit institutions of an educational, religious or cultural
type excluding correctional institutions.
2. Non profit community centers and swimming pools and tennis courts
no closer than seventy-five (75) feet to any adjacent residential
district.
3. Memorial gardens and cemeteries.
4. Public and private noncommercial recreation areas and facilities such
as country clubs and golf courses excluding miniature golf courses
and driving ranges.
5. Any off-street parking for churches, convents and other places of
worship developed on property other than the platted lot of record of
the principal use, provided all or a portion of the property utilized for
parking is located within 300 feet of the platted lot of record.
D. LIMITATION OF USES:
1. There shall be a separate platted lot of record for each townhouse
dwelling unit.
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EXHIBIT "A" TO ORD. 2007-55
Page 3 of 8
2 No more than three (3) persons unrelated by blood or marriage may
occupy residences within an R-TH Townhouse District.
3. Storage of mechanical, maintenance or farm equipment incidental to
any permitted or conditional use shall be screened in accordance with
the provisions of Section 50, Alternate B or E, from any adjacent
residential development or use.
4. Private or public alleys shall not be located in the twenty-five (25) foot
required rear yards. Whenever rear access or parking is provided,
access shall be from a platted alley or easement. All alleys shall be
dedicated at a minimum of fifteen (15) feet as a mutual access
easement with a minimum ten (10) feet of pavement section. No
single lot shall have more than a seven and a half (7 1/2) foot
easement located upon it, except that when it is necessary to exceed
seven and a half (7 1/2) feet, lot depth shall be increased to
accommodate the additional width of easement necessary for the
alley.
5 No Storage boxes or any other containers to be picked up or dropped
off by curbside self-storage services, moving services and other
similar services shall be placed within a public right-of-way. Storage
containers to be picked up or dropped off by such services shall be
visible from a public right-of-way or adjacent property for a period not
exceeding seventy-two (72) consecutive hours, and not more than two
(2) instances during any thirty (30) day period.
6. Townhouse developments approved prior to September 18, 2007 shall
be deemed lawful and shall have the same status as subdivisions
authorized pursuant to this ordinance.
E. PLAN REQUIREMENTS: No application for a building permit for construction
of a principal building shall be approved unless:
1. A plat, meeting all requirements of the City of Grapevine, has been
approved by the City Council and recorded in the official records of
Tarrant County.
2. A Site Plan, meeting the requirements of Section 47, has been
approved.
3. A Landscape Plan, meeting the requirements of Section 53, has been
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EXHIBIT "A" TO ORD. 2007-55
Page 4 of 8
approved.
F. DENSITY REQUIREMENTS: The following density requirement shall apply:
s
1. Maximum Density: The maximum density within the R-TH District shall
not exceed nine (9) dwelling units per gross acre.
2. Lot Size: For lots that are less than forty (40) feet in width the
minimum lot size shall be 2,550 square feet. For lots forty (40) feet in
width or greater the minimum lot size shall be 3,200 square feet. No
R-TH District shall be created on an area of less than one (1) acres in
size.
3. Minimum Open Space: All areas not devoted to buildings, structures
or off-street parking area shall be devoted to grass, trees, gardens,
shrubs or other suitable landscape material. In addition, all
developments shall reserve open space in accordance with the
provisions of Section 51.
4. Maximum Building Coverage: The combined area occupied by all
main and accessory buildings and structures shall not exceed fifty-five
(55) percent of the total lot area.
5. Maximum Impervious Area: For lots less than forty (40) feet in width
the combined area occupied by all main and accessory buildings and
structures and all sidewalks, driveways and paved areas shall not
exceed eighty (80) percent of the total lot area. For lots forty (40)feet
in width or greater the combined area occupied by all main and
accessory buildings and structures and all sidewalks, driveways and
paved areas shall not exceed seventy-five (75) percent of the total lot
area.
6. Minimum Floor Area: Every townhouse dwelling unit hereafter erected,
constructed, reconstructed, or altered in this dwelling district shall
have at least twelve hundred (1,200) square feet of floor area,
excluding common corridors, basements, open and screened
porches, and garages.
G. AREA REGULATIONS: The following minimum standards shall be required:
1. The minimum front yard setback shall be fifteen (15) feet measured
from the back of curb or nearest edge of street pavement, with the
• exception that the face of a front entry garage shall be set back no
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EXHIBIT "A" TO ORD. 2007-55
Page 5 of 8
less than twenty-five (25) feet from the sidewalk.
2. The minimum rear yard setback shall be fifteen (15) feet measured
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from the nearest edge of the mutual access easement, with the
exception that the face of a rear entry garage shall be set back no less
than twenty-five (25) feet from the edge of the alley pavement.
3. No side yard width is required except for the following:
a. A minimum side yard of fifteen (15) feet shall be required for
each end unit in a row of townhouses containing three (3) or
more units.
b. A minimum side yard of six (6) feet shall be required for each
end unit in a row of townhouses containing two (2) units.
c. Side yards which are adjacent to a dedicated public street shall
be at least twenty-five (25) feet in width.
4. The lot shall have a minimum width of thirty (30) feet.
5. For lots less than forty (40) feet in width, the minimum depth shall be
eighty-five (85) feet. For lots that are forty (40) feet in width or
greater, the minimum lot depth shall be eighty (80) feet.
6. The minimum distance between principal and accessory uses, if
detached, shall be fifteen (15) feet.
H. BUFFER AREA REGULATIONS: Whenever an R-TH Townhouse
development is located adjacent to a developed residential district (R-20, R-
12.5, R-7.5, R-5.0, R-3.75, R-MF-1, R-MF-2) or a non-residential district,
without any division such as a dedicated public street, park or permanent
open space, all principal buildings or structures shall be set back a minimum
of forty (40) feet from the adjoining property line. The setback area shall
contain appropriate landscape improvements, fencing, berms or trees in
accordance with Alternate A, B, or E, in Section 50, to adequately buffer
adjoining uses.
HEIGHT REGULATIONS: The following maximum height regulations shall
be observed:
1. The maximum height of the principal structures shall be two (2) stores
not to exceed thirty-five (35) feet. Whenever a townhouse structure
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EXHIBIT "A" TO ORD. 2007-55
Page 6of8
is erected contiguous to an existing single family dwelling, the number
of stories and height of the townhouse structure shall not exceed the
number of stories and height of the contiguous single family dwelling.
In no instance shall the height of a townhouse structure exceed two
(2) stories or thirty-five (35) feet.
2. The maximum height of an accessory structure shall be one (1) story
not exceed fifteen (15) feet.
3. The maximum height of a storage building used for maintenance or
mechanical equipment shall be one story not to exceed ten (10) feet.
J. OFF-STREET PARKING: Provisions for the parking of automobiles shall be
allowed as an accessory use to any principal permitted use provided that
such shall not be located on a required front yard or side yard. Off-street
parking areas shall be landscaped in accordance with Section 53. Off-street
parking shall be provided in accordance with the provisions of Sections 56
and 58 of this Ordinance and other applicable ordinances of the City.
Parking of recreational vehicles, recreational trailers, motor homes, boats,
towed trailers and the like, is prohibited in the required front yard, and the
side yards of reverse frontage lots. Whenever such parking facilities are
provided the conditions of Section 20.M8. shall be met.
K. OFF-STREET LOADING: No off-street loading is required in the R-TH
District for residential uses. Off-street loading for conditional uses may be
required as determined by the Planning Commission.
L. LANDSCAPING REQUIREMENTS:
1. Landscaping shall be required in accordance with Section 53 of this
Ordinance.
2. For developments in the R-TH District that contain more than ten (10)
units, a landscape plan shall be required.
M. DESIGN REQUIREMENTS: The following minimum design requirements
shall be provided in the R-TH Townhouse District.
1. Buildings and structures shall conform to the masonry requirements
as established in Section 54 of this Ordinance.
2. Individual window air conditioning units are prohibited. Central air
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EXHIBIT "A" TO ORD. 2007-55
Page 7 of 8
conditioning units, heat pumps and similar mechanical equipment,
when located outside, shall be landscaped and screened from view in
accordance with the provisions of Section 50.
3. The maximum length of any cluster of townhouse units shall not
exceed two hundred forty (24) linear feet.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surface. There shall be
no more than two (2) continuous attached townhouses without a break
in the horizontal and vertical elevations of at least three (3) feet.
5. No building shall be located closer than fifteen (15)feet to the edge of
an off-street parking, vehicular use, or storage area.
6. The minimum distance between any two (2) unattached principal
buildings shall be thirty (30) feet. Whenever two (2) principal
structures are arranged face to face or back to back, the minimum
distance shall be fifty (50) feet. The point of measurement shall be
the exterior walls of the buildings and does not include balconies,
railings or other architectural features.
7. Off-street parking areas shall not be closer than ten (10) feet to any
adjacent property line. Whenever an off-street parking, vehicular use
or storage area is within sixty (60) feet of any adjacent residentially
zoned district, the parking area shall be physically screened by a
fence, wall, berm at least six (6)feet high. All fencing shall be finished
on both sides.
8. Parking of recreational vehicles, trailers, motor homes, boats, towed
trailers and similar vehicular equipment are permitted provided they
are located in a designated vehicular use area which is screened from
adjacent residential districts by a fence, wall or berm at least eight (8)
feet in height. No vehicular use or storage area shall be located in a
required front yard or adjacent to a public right-of-way. Such areas
shall also be located at least ten (10) feet from any adjacent property
line.
9. Any private streets developed in conjunction with a townhouse
development to provide access to and frontage for townhouses
developed under this ordinance must be a minimum of thirty-one (31)
feet in width from curb to curb, constructed under the City's
Construction Standards and inspected by City Staff. A planned
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EXHIBIT "A" TO ORD. 2007-55
Page 8 of 8
development overlay shall not be used to deviate from this
requirement.
10. Sidewalks shall be provided along any street, private or public, within
a townhouse development upon which a townhouse has frontage.
A planned development overlay shall not be used to deviate from this
requirement.
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