HomeMy WebLinkAboutORD 2009-004 ORDINANCE NO. 2009-04
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 23 "LB"
LIMITED BUSINESS DISTRICT, SECTION 23A "GV"
GRAPEVINE VINTAGE DISTRICT REGULATIONS, SECTION
24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT
REGULATIONS, SECTION 25 "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS, SECTION 26"HC"
HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO"
PROFESSIONAL OFFICE DISTRICT REGULATIONS,
SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT,
SECTION 28A "HGT" HISTORIC GRAPEVINE TOWNSHIP
DISTRICT, SECTION 29 "HCO" HOTEL AND CORPORATE
OFFICE DISTRICT, SECTION 30 "RA" RECREATIONAL
/AMUSEMENT DISTRICT, SECTION 31 "LI" LIGHT
INDUSTRIAL DISTRICT, SECTION 32"BP" BUSINESS PARK
DISTRICT, SECTION 38 "GU" GOVERNMENT USE
DISTRICT, SECTION 40 "MXU" MIXED USE DISTRICT
REGULATIONS, SECTION 53 LANDSCAPING
REGULATIONS; SECTION 55 PERFORMANCE
STANDARDS; 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 23 "LB" Limited Business District is hereby amended by adding
subsection C.9. to read as follows:
"9. Any use allowed within this district with outdoor speakers."
B. That Section 23A "GV" Grapevine Vintage District Regulations is hereby
amended by adding subsection C.9. to read as follows:
"9. Any use allowed within this district with outdoor speakers."
C. That Section 24 "CN" Neighborhood Commercial District Regulations is
hereby amended by adding subsection C.17. to read as follows:
"17. Any use allowed within this district with outdoor speakers."
D. That Section 25"CC"Community Commercial District Regulations is hereby
amended by adding subsection C.24. to read as follows:
"24. Any use allowed within this district with outdoor speakers."
E. That Section 26 "HC" Highway Commercial District is hereby amended by
adding subsection C.28. to read as follows:
"28. Any use allowed within this district with outdoor speakers."
F. That Section 26 "HC" Highway Commercial District is hereby amended by
adding subsection D.3.(b)12 to read as follows:
"12. Any use allowed within this district with outdoor speakers."
G. That Section 27 "PO" Professional Office District Regulations is hereby
amended by adding subsection C.9. to read as follows:
"9. Any use allowed within this district with outdoor speakers."
H. That Section 28 "CBD" Central Business District is hereby amended by
adding subsection C.B. to read as follows:
"8. Any use allowed within this district with outdoor speakers."
I. That Section 28A "HGT" Historic Grapevine Township District is hereby
amended by adding subsection C.3. to read as follows:
"3. Any use allowed within this district with outdoor speakers."
J. That Section 29 "HCO" Hotel and Corporate Office District is hereby
amended by adding subsection C.9. to read as follows:
ORD. NO. 2009-04 2
"9. Any use allowed within this district with outdoor speakers."
K. That Section 30 "RA" Recreational/Amusement District is hereby amended
by adding subsection C.20. to read as follows:
"20. Any use allowed within this district with outdoor speakers."
L. That Section 31 "LI" Light Industrial District is hereby amended by adding
subsection C.23. to read as follows:
"23. Any use allowed within this district with outdoor speakers."
M. That Section 32 "BP" Business Park District is hereby amended by adding
subsection C.B. to read as follows:
"8. Any use allowed within this district with outdoor speakers."
N. That Section 38 "GU"Government Use District is hereby amended by adding
subsection C.B. to read as follows:
"8. Any use allowed within this district with outdoor speakers."
O. That Section 40 "MXU" Mixed Use District Regulations is hereby amended by
adding subsection C.B. to read as follows:
"8. Any use allowed within this district with outdoor speakers."
P. That Section 53 Landscaping Regulations is hereby amended by amending
subsection 53.E.7 to read as follows:
"7. Layout and description of irrigation systems, including placement of
water sources;"
Q. That Section 53 Landscaping Regulations is hereby amended by amending
subsection 53.F. to read as follows:
"F. MAINTENANCE: The owner, tenant and their agent, if any shall be
jointly and severally responsible for the maintenance of all landscaping.
All required landscaping shall be maintained in a neat and orderly
manner at all times. This shall include mowing, edging, pruning,
fertilizing, irrigation systems, weeding, and other such activities
common to the maintenance of landscaping. Landscaped areas shall
be kept free of trash, litter, weeds and other such material or plants not
a part of the landscaping. All plant materials shall be maintained in a
healthy and growing condition as is appropriate for the season of the
year. Plant materials which die shall be replaced with plant material of
ORD. NO. 2009-04 3
similar variety and size. Automatic in-ground irrigation system with rain
and freeze sensory capability shall be provided for all required
landscape."
R. That Section 55 Performance Standards is hereby amended by adding
subsection 55.A.3.a.7. to read as follows:
"7. All outdoor speakers in non-residentially zoned properties shall face
away from contiguous residential zoning districts."
S. That Section 60 Sign Standards is hereby amended by amending subsection
60.B.2.d.12.c. to read as follows:
"c. Pole Signs on property zoned Neighborhood Commercial, Community
Commercial and Highway Commercial and located adjacent to
Highway 121 (excluding from a point 2,400 feet due south of the
southern right-of-way of Timberline Drive south to the city limit line),
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.
T. That Section 60 Sign Standards is hereby amended by amending subsection
60.B.2.d.12.d. to read as follows:
"d. Pylon signs on property zoned Community Commercial located
adjacent to Highway 121 (from a point 2,400 feet due south of the
southern right-of-way of Timberline Drive south to the city limit line)
with a planned commercial center designation, may be a minimum of
twenty (20) feet in height up to forty (40) feet in height. For pylon
signs exceeding twenty (20) feet in height, the sign cabinet
dimensional requirements shall not exceed 24 (twenty-four) feet in
width or height, a maximum of thirty-six (36) inches in depth and a
maximum gross surface area of two hundred eighty-eight (288)
square feet. Such signs shall be multi-tenant signs and shall conform
to the architectural standards of the shopping center."
ORD. NO. 2009-04 4
U. That Section 60 Sign Standards is hereby amended by adding subsection
60.B.2.d.12.e. to read as follows:
"e. The Director of Development Services may approve the replacement
of an existing pole/pylon signs, approved in conjunction with a
conditional use permit, with a monument sign."
V. That Section 60 Sign Standards is hereby amended by adding subsection
60.B.2.m. to read as follows:
"m. PYLON SIGNS. A free-standing sign erected on one or more free-
standing shafts, posts, poles, or piers, solidly affixed to the ground
which are totally enclosed from view by a decorative cladding that is a
minimum width of 50% (fifty percent)of the cabinet, if the width of the
cabinet is greater than the height of the cabinet or 100% (one
hundred percent) of the width of the cabinet, if the cabinet width is
equal to or less than the height of the cabinet."
W. That Section 60 Sign Standards is hereby amended by adding subsection
60.H.1.b.(6).
"(6) Pylon (only permitted in CC Community Commercial District and in
accordance with Section 60.B.2.d.12.d.)"
Section 2. That 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. That 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. That 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 January, 2009.
ORD. NO. 2009-04 5
APPROVED:
William D. Tate
Mayor
ATTEST:
Lin Huff "If
City Secretary
APPROVED AS TO FORM:
-—2e s 44
John F. Boyle, Jr.
City Attorney
ND
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