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HomeMy WebLinkAboutORD 2005-014 ORDINANCE NO. 2005-14 } s AN ORDINANCE 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 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT AND SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS; 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 24 "CN" Neighborhood Commercial District Regulations is hereby amended by amending Subsection C Conditional Uses by the addition of item 13 to read as follows: "13. Outside display and sales of inerchandise." B. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending Subsection C Conditional Uses by the addition of item 20 to read as follows: "20. Outside display and sales of inerchandise." C. That Section 26 "HC' Highway Commercial District is hereby amended by amending Subsection C Conditional Uses by the addition of item 24 to read as follows: "24. Outside display and sales of inerchandise." D. That Section 26 "HC" Highway Commercial District is hereby amended by amending Subsection D Limitation of Uses 3(b) Conditional Uses by the addition of item 11 to read as follows: "11. Outside display and sales of inerchandise." E. That Section 42 Supplementary District Regulations is hereby amended by amending Subsection A Temporary Uses by the addition of item 8 to read as follows: "8. Temporary outside display and sales of inerchandise, and food service may be permitted on one occasion in any quarter of a calendar year for a period not to exceed 14 consecutive days, subject to the following conditions: (a) A plan must be submitted for approval by the Development Services Director designating the area for outside display, sales and/or food service. (b) The merchandise to be displayed or sold must be clearly related or incidental to the current Certificate of Occupancy at the site. Itinerant vendors shall not be permitted. - (c) Items for outside display within the festival area are to be approved by the City Of Grapevine Festival Committee. (d) A minimum four feet of clear sidewalk width shall be maintained at all times and at no time shall required egress from the building be obstructed. (e) Use of required parking areas for temporary outside display and sales shall not negatively impact the ability to provide adequate parking on the subject site nor shall it create a burden on surrounding properties or encourage parking within the right-of-way. Approval for use of required parking areas shall be at the discretion of the Development Services Director. (f) An appropriate permit from the Health Department shall be required for any food sales." 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. ORD. NO. 2005-14 2 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 15th day of February, 2005. APPROVED: x '•°%:��--. William D. Tate �:,� Mayor ATTEST: Liri � Huff Cit;+ 5ecretary APPROVED AS TO FORM: � �� C�----�-- ��9--�-----�� John F. Boyle, Jr. City wttorney ORD. NO. 2005-�4 3