HomeMy WebLinkAboutItem 05 - AM05-01 Zoning Ordinance Amendments---
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MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMEBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H. T. HARDY, DIRECTOR DEVELOAENT SERVICES
MEETING DATE: FEBRUARY 15, 2005
SUBJECT: ZONING ORDINANCE AMENDMENTS AM05-01—SECTION 24,
"CN" NEIGHBORHOOD COMMERCIAL DISTRICT; SECTION
25, "CC" COMMUNITY COMMERCIAL DISTRICT; SECTION 26,
"HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 42,
SUPPLEMENTARY DISTRICT REGULATIONS
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and the City Council consider
the following amendments to Section 24, "CN" Neighborhood Commercial District;
Section 25, "CC" Community Commercial District; Section 26, "HC" Highway
Commercial District; and Section 42, Supplementary District Regulations and take any
action necessary.
BACKGROUND:
During the spring and fall and occasionally during the summer months Staff receives a
number of requests from businesses wanting to do some type of outside display
including the sale of merchandise and even the sale of food items. These requests
have been denied since there is no provision for this type of activity within the zoning
ordinance except for non-profit organizations and businesses located within the "CBD"
Central Business District.
At the Planning and Zoning Commissions' April 27, 2004 workshop, Staff presented a
proposed amendment to Section 42, Supplementary District Regulations relative to
temporary outside display and sales of merchandise including food sales. Staff had
proposed as a Temporary Use Permit approved by the Director of Development
Services, the temporary outdoor display and sale of merchandise including food service
and sales for a period not to exceed seven days during any three month/calendar
quarter. Discussion on this item centered on the time frame allowed for the temporary
display i.e. seven days versus fourteen days, and a more permanent approval for
outside display through the special or conditional use process. Additional discussion
focused on the basic criteria for the display such as allowing appropriate clearance for
pedestrians and the use of required parking spaces for outside display.
Staff presented to the Planning and Zoning Commission at their January 25, 2004
workshop a modified version of the amendment to Section 42, Supplementary District
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February 7, 2005 (2:51 PM)
Regulations to allow as a temporary use approved by the Development Services
Director the ability to display and sell merchandise including food sales once per
calendar quarter for a period not to exceed fourteen days. Criteria such as requiring a
plan designating the proposed areas for outside display, the type of merchandise to be
displayed, sidewalk clearance, the use of parking areas, and the need to obtain a permit
from the Health Department was included. In situations where a potential applicant
desires a more permanent option for outside display, Staff has included an amendment
to the three most utilized commercial zoning districts, i.e. the TN" Neighborhood
Commercial District, "CC" Community Commercial District, and "HC" Highway
Commercial District, that would allow as a conditional use outside display and sales of
merchandise. Please review the attached amendments to Section 42, Supplementary
District Regulations and to Section 24, TN" Neighborhood Commercial District, Section
25, "CC Community Commercial District and Section 26, "HC Highway Commercial
District.
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February 7, 2005 (2:51 PM)
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Section 24. C -N Neighborhood Commercial District
PURPOSE: The purpose of the C -N Neighborhood Commercial District is to provide
locations for the development of planned retail shopping and service facilities which are
located and designed expressly to serve the needs of adjacent residential neighborhoods.
C -N Districts are intended for retail commercial uses which have a neighborhood
orientation and which supplies necessities requiring frequent purchase with a minimum of
consumer travel. Such facility should not be so large or so broad in scope of services as
to attract substantial amounts of trade from outside the neighborhood.
USES GENERALLY: In a C -N Neighborhood Commercial District no land shall be used
and no building shall be erected for or converted to any use other than as hereinafter
provided.
A. PERMITTED USES: The following uses shall be permitted as principal uses.
1 Planned neighborhood shopping centers defined as a combination of retail
stores, offices, personal service establishments and similar uses whose
aggregate gross floor area does not exceed one hundred thousand
(100,000) square feet.
2. Any use permitted in the P-0 Professional Office District provided that the
total floor area devoted to office use does not exceed thirty (30) percent of
the total floor area permitted on the lot.
3. Any use permitted in the LB Limited Business District.
4. Restaurants excluding drive-ins or drive-through facilities.
5. Day Nursery and kindergarten.
6. Public utility uses necessary to serve the District.
7. Variety and dry goods stores.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses
provided that such use shall be located not less than twenty (20) feet from any
street right-of-way.
Swimming pool no nearer than one hundred twenty (120) feet to any
residentially zoned district.
2. Mechanical equipment no nearer than one hundred twenty (120) feet to any
020705 Section 24
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residentially zoned district.
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3. Screened garbage storage on a concrete pad no nearer than fifty (50) feet
to a residentially zoned district and not located between the front of the
building and any street right-of-way.
4. Off-street parking to serve permitted uses provided that any off-street parking
or vehicular use area within sixty (60) feet of a residentially zoned district
shall be separated from said lot by a blind fence, berm, wall or landscaping
at least six (6) feet high.
5. Signs advertising uses on the premises in accordance with Section 60 of this
Ordinance.
C. CONDITIONAL USES: The following uses may be permitted provided they meet
the provisions of, and a Conditional Use Permit is issued pursuant to Section 48 of
this Ordinance.
1. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.13. of this Ordinance.
2. Tire, battery, and accessory stores located within a planned shopping center.
3. Automotive parts and supplies completely in an enclosed building.
4. Drive-in or drive-through restaurants.
5. Gasoline services.
6. Private clubs and service organizations.
7. Veterinarian including veterinary hospitals where small animals are kept
overnight.
8. Planned Commercial Centers.
9. Any individual retail store, office, personal service establishment, restaurants,
or other uses provided for in Section 24.A. with a floor area open to the
public, including display, service and sales, greater than ninety-five hundred
(9,500) square feet.
10. Personal Care Facilities.
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Section 24
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11. Any use allowed within this district with drive-in or drive-through service.
12. Inns
13. Outside display and sales of merchandise.
LIMITATION ON USES:
The C -N District is intended for neighborhood scale shopping and service
facilities and the total retail or commercial shopping floor area on any lot or
parcel shall not exceed one hundred thousand (100,000) square feet. No
individual retail store, office, personal service establishment, restaurant or
other uses provided for in Section 24.A. shall have a floor area open to the
public, including display, service and sales, greater than ninety-five hundred
(9,500) square feet.
2. The maximum size of any C -N District shall not exceed twelve (12) acres in
size.
3. The hours of operation for uses provided for in Section 24.C.10 shall be
limited to between the hours of 7:00 a.m. to 10:00 p.m. unless specifically
provided for in the Conditional Use Permit.
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
approved.
DENSITY REQUIREMENTS: The following bulk and intensity of use requirements
shall apply:
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MAXIMUM DENSITY: The maximum density within a C -N District shall not
exceed a floor area ratio of 0.20.
LOT SIZE: The minimum lot size in a C -N Neighborhood Zoning District shall
be twenty thousand (20,000) square feet.
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Section 24
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Sec. 25. C -C Community Commercial District Regulations
PURPOSE: The C -C Community Commercial District is established to provide locations
for general commercial uses representing various types of retail trade, businesses,
services and planned commercial centers that serve a community or regional area. The
District is intended for community and regional shopping centers and clusters of
commercial development that attract a substantial amount of their trade from beyond the
immediate neighborhoods.
USES GENERALLY: In a C -C Community Commercial District no land shall be used and
no building shall be erected or converted to any use other than as hereinafter provided.
A. PRINCIPAL USES:
Any use permitted in a P -O Professional Office District or C -N Neighborhood
Commercial District except that there shall be no limitation on size of planned
shopping centers or total floor area.
2. Hospital.
3. Ambulance service.
4. Commercial amusements, the operation of which is totally within an enclosed
building, including bowling alleys, video arcades, roller skating and ice
skating arenas, motion picture theaters, but excluding billiard parlors and
arcades.
5. Taxi dispatch office.
6. Professional dry cleaning, pressing, dyeing and laundry services.
8. Secondhand goods in an enclosed building.
9. Restaurants excluding drive-in or drive-through restaurants.
10. Nursery or greenhouse.
11. Radio and television broadcasting studios.
12. Department stores.
13. Furniture stores.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses:
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020705 Section 25
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Private garage.
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2. Swimming pool no nearer than one hundred twenty (120) feet to any
residentially zoned district.
3. Mechanical equipment located within 120 -feet of any residentially zoned
district must meet the standards established for noise regulation as stated
in Section 55. Performance Standards.
4. Screened garbage storage on a concrete pad no nearer than fifty (50) feet
to a residentially zoned district and not located between the front of the
building any street right-of-way.
5. Provisions for the parking of automobiles provided that such provisions within
sixty (60) feet of a residentially zoned district shall be separated from said lot
by a blind fence or wall at least six (6) feet high.
6. Signs advertising uses located on the premises in accordance with Section
60 of this Ordinance.
C. CONDITIONAL USES: The following uses may be permitted, provided they meet
the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48
of the Ordinance.
1. Public storage garages, including mini -storage warehouses for storage
purposes only. Caretaker or watchmen residential facilities having
accommodations for and occupied by only one family may be permitted as
an accessory use to public storage garages or mini -storage warehouses. No
more than three (3) persons unrelated by blood or marriage may occupy the
caretaker or watchmen residential facilities.
2. Wholesale office and business completely within an enclosed building, but
excluding warehouse storage.
3. Commercial parking lots.
4. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42-B of this Ordinance.
5. Any commercial business or service not included in any of the other
commercial districts provided that all such uses shall be completely within an
enclosed building and are not noxious or offensive by reason of the emission
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020705 Section 25
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of odor, dust, gas fumes, noise, or vibration and provided that no
warehousing or manufacturing or treatment of products or equipment shall
be permitted, except when such is clearly incidental to the conduct of a
permitted use.
7. Automobile sales and service.
8. Building materials and supplies.
9. Garden supply stores.
10. Sign and sign painting shops.
11. Automobiles washing business; automatic, coin-operated, or moving line
wash. (Requires desirable aesthetics, proper traffic circulation, and adequate
drainage.
12. Planned Commercial Centers.
13. Automotive repair garages, within a completely enclosed building. Salvage
and/or wrecking yards are prohibited. All storage areas must be surfaced,
and screening shall be provided in accordance with Section 58 and Section
50.
14. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery.
15. Planned Commercial Centers in excess of 1,000,000 square feet of gross
leasable space. Due to the development nature of planned commercial
centers in excess of 1,000,000 square feet of gross leasable space, it is
recognized that the requirements established in Section 25.F., Section 25.1.,
Section 53.H., Section 53.1., and Section 60 may be difficult to provide. The
Planning and Zoning Commission may recommend and the City Council may
approve a request to establish different amounts and methods than
established in Section 25.F., Section 25.1., Section 53.H., Section 53.1., and
Section 60.
16. Restaurant with outside dining and/or drive through.
17. Hotels and motels. Hotels approved prior to January 18, 2005 shall be
deemed a lawful, permitted use and shall have the same status as that
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authorized pursuant to this Ordinance; provided, however, no such building,
structure, or use shall be altered, changed or expanded unless a conditional
use permit therefore has been granted pursuant to this ordinance.
18. Winery with alcoholic beverage sales with on -premise and off -premise
consumption, provided a special permit is issued in accordance with Section
42.8 of the ordinance.
19. Structures in excess of fifty (50) feet in height. However, this provision shall
only apply to properties located east of Ruth Wall Street, Loop 382, and
Fairway Drive.
20. Outside display and sales of merchandise.
D. LIMITATION ON USES:
1. Whenever the C -C Community Commercial District is utilized for hotel -motel
office or hospital use, the minimum open space shall be increased to thirty
(30) percent of the total lot area.
2. Vehicular use or storage areas other than required parking associated with
permitted uses such as automobile sales and service, boat sales, building
materials, and supplies shall be visually screened from any adjacent
residential district by a fence, wall or berm at least six (6) feet in height.
3. The minimum size of any C -C District shall be five (5) acres.
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
approved.
F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements
shall apply:
1. LOT SIZE: The minimum lot size in a C -C District shall be thirty thousand
(30,000) square feet and the minimum size of any C -C District shall be five
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020705 Section 25
Section 26. HC Highway Commercial District
1, 1
PURPOSE: The HC Highway Commercial District is established to provide adequate
space and site diversification for commercial uses which depend upon high visibility, uses
with outside storage unless specifically prohibited by Section 26A, convenience to arterial
highways and will involve development that may be more intensive than other commercial
districts and objectionable to adjacent residential uses.
USES GENERALLY: In an HC Highway Commercial District, no land shall be used and
no building shall be erected for or converted to any use other than as hereinafter provided.
A. PERMITTED USES: The following uses shall be permitted as principal uses except
as provided in Section 26.D.
1. Any use permitted in the LB Limited Business District, C -N Neighborhood
Commercial District, P -O Professional Office District and C -C Community
Commercial District, except that there shall be no limitation size of planned
shopping centers or total floor area.
2. Public utilities as required to serve the district.
3. Reserved
4. Restaurants, excluding drive-in and drive-through restaurants.
5. Furniture or appliances, new and used within a completely enclosed building.
6. Mortuary and funeral homes.
7. Nursery or greenhouses.
8. Upholstery shops.
9. Commercial amusements, the operation of which is totally within an enclosed
building, including bowling alleys, video arcades, roller skating and ice
skating arenas, motion picture theaters, but excluding any special uses
authorized by Section 49.13.
10. Pawn Shops within a completely enclosed building.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses to
a principal use provided that none shall be a source of income to the owner or user
of the principal use:
020705 1 Section 26
Accessory uses permitted in the CN and CC Commercial Districts.
2. Mechanical equipment located within 120 -feet of any residentially zoned
district must meet the standards established for noise regulation as stated
in Section 55. Performance Standards.
3. Screened garbage storage, on a concrete pad no nearer than fifty (50) feet
to any residentially zoned district and Northwest Highway.
4. Off-street parking, provided that all areas devoted to the parking of vehicles
or the sale and display of merchandise, except nurseries, shall be surfaced
in accordance with Section 58 of this Ordinance.
5. Provisions for the parking of automotive vehicles provided within sixty (60)
feet of any residentially zoned district shall be separated from said lot by a
blind fence or wall at least six (6) feet high.
6. Other structures or uses which are customarily accessory and clearly
incidental and subordinate to the permitted use and/or structure.
7. Signs advertising uses located on the premises in accordance with Section
60 of this Ordinance.
8. Used car sales in conjunction with new car sales provided that used car sales
do not exceed more than fifty percent of the total sales for the automobile
dealership in a calendar year.
C. CONDITIONAL USES: The following conditional uses may be permitted provided
they meet the provisions of, and a Conditional Use Permit is issued pursuant to,
Section 48 of this Ordinance.
1. Commercial off-street parking lots for passenger vehicles less than one ton
carrying capacity.
2. Retail sales of building materials displayed in an unenclosed or incompletely
enclosed area with outside storage.
3. Home equipment rental.
4. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.8. of this Ordinance.
5. Public or private storage garages, including mini storage warehouses.
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6. Swimming pool and spa sales within a completely enclosed building.
7. Restaurant with outside dining and/or drive through.
8. Planned Commercial Centers.
9. Automotive repair garages, within a completely enclosed building. Salvage
and/or wrecking yards are prohibited. All storage areas must be surfaced
and screening shall be provided in accordance with Section 58 and Section
50.
10. New automotive sales, and service, cars and light to medium trucks. All
vehicles must be in an operating condition and all open display or storage
areas must be surfaced and developed in accordance with all applicable
Ordinances of the City.
11. Automotive rental.
12. Camper sales and camper trailer sales and service, lease and rental within
a completely enclosed building and with outside display.
13. Auction sale, new or used goods located within a completely enclosed
building.
14. Plumbing supply within a completely enclosed building.
15. Automobile washing business: automatic, coin-operated or moving line wash.
16. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery
17. Gasoline service station.
18. Feed and grain sales within a completely enclosed building.
19. Boat and marine sales and/or service with outside display.
20. Job printing or newspaper establishments.
21. Hotels and motels. Hotels approved prior to January 18, 2005 shall be
deemed a lawful, permitted use and shall have the same status as that
authorized pursuant to this Ordinance; provided, however, no such building,
structure, or use shall be altered, changed or expanded unless a conditional
020705 3 Section 26
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02-15-05
use permit therefore has been granted pursuant to this ordinance.
22. Automotive State Inspections facility.
23. New and used golf and utility cart sales and services, both electric and
gasoline powered, with outside display and outside storage.
24. Outside display and sales of merchandise.
LIMITATION OF USES:
Residential structures and uses are expressly prohibited in the HC Highway
Commercial District. Existing residences may remain as non -conforming
uses, but it is intended that new residential construction not be allowed in the
District.
2. (a) All property zoned HC, Highway Commercial, shall have driveway
access and frontage in accordance with Section 26, paragraph G.2.
only from a State Highway or Central Avenue except as provided in
Section D.3.
(b) Additional driveway access on a corner lot from other than a State
Highway for the intersecting street only, may be approved by the
Planning and Zoning Commission and City Council with the filing of
a Concept Plan in accordance with Section 45. For purposes of this
Section 26.D, corner lot shall mean a lot located at the juncture of a
State Highway and a street which intersects such State Highway.
3. Access to and frontage on a street other than a State Highway or Central
Avenue will be permitted only for property zoned HC, Highway Commercial
prior to the 15th day of July 1986, provided the principal uses and conditional
uses are limited to the following uses:
(a) Principal Uses:
1. Any use permitted in the "PO" Professional Office District.
2. Public utilities as required to serve the district.
3. Restaurants, excluding drive-in and drive-through restaurants.
4. Furniture or appliances, new and used within a completely
enclosed building.
122104 4 Section 26
5. Mortuary and funeral homes.
1 1,
6. Nursery or greenhouses.
7. Upholstery shops.
8. Retail sales, other than those listed above, business services
and merchandise displayed within a completely enclosed
building.
(b) Conditional Use
1. Commercial off-street parking lots for passenger vehicles less
than one ton carrying capacity.
2. Alcoholic beverage sales provided a Special Permit is issued
in accordance with Section 42.13. of this Ordinance.
3. Public or private storage garages, including mini storage
warehouses.
4.
Restaurant with outside dining.
5.
Plumbing supply with a completely enclosed building.
6.
Automobile washing business; automatic, coin-operated or
moving line wash.
7.
Drive-in and drive-through restaurants.
8.
Feed and grain sales within a completely enclosed building.
9.
Job printing or newspaper establishments.
10.
Automotive State Inspections facility.
11.
Outside display and sales of merchandise.
(c) Prohibited
Uses
1.
Commercial amusements, the operation of which is totally within
an enclosed building, including bowling alleys, video arcades,
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Section 42. Supplementary District Regulations
A. TEMPORARY USES:
1. The following uses, which are classified as temporary uses, may be
permitted by the City Council in any district not to exceed a period of thirty
(30) days except for (g) which shall be issued for a period of one year or less,
subject to compliance with all other applicable City Ordinances:
(a) Carnivals
(b) Circus
(c) Fairgrounds
(d) Religious assemblies
(e) Sports events
(f) Political rallies
(g) Concrete mixing or batching plant used temporarily by contractors
during the construction of buildings or public improvements, and in
such cases, the period of time for which the use is granted may be for
a period of time provided in the contract for completion of such
buildings or public improvement, providing such temporary use is
renewed annually.
(h) Armed forces displays
(i) Educational displays
Q) Temporary sales of merchandise by nonprofit organizations.
(k) Temporary shelter for the homeless occupied by more than three (3)
persons unrelated by blood or marriage during periods of severe
weather conditions as determined by the Grapevine Office of
Emergency Management in all residential districts.
2. A temporary use shall not be permitted nearer than two hundred fifty (250)
feet to a residentially zoned district except for (g) which shall not be located
closer than one thousand (1,000) feet to a developed residentially zoned
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020705 1 Section 42
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district.
3. Use of a parcel of property for any of the above listed uses at any time on
any day shall constitute a day's use. Use of a parcel of property for any of
the above listed uses for more than thirty (30) days except for concrete
mixing or batching plants, during any one year shall constitute a permanent
use and such parcel or property shall automatically again be subject to the
district regulation of the zoning district in which such parcel of property is
located.
4. Permission may be granted for a period not to exceed seven (7) days by the
City Manager as a special privilege to civic organizations and other nonprofit
organizations to allow temporary uses (a), (b), (c), (d), (e), (h), (i), and (j)
which shall not be located closer than sixty (60) feet to a residentially zoned
district.
5. Permission may be granted for a period not to exceed forty (40) days by the
Director of Community Development, to allow Christmas tree sales lots in all
non-residential zoning district.
6. A building, electrical and/or plumbing permit, where determined applicable
by the Director of Community Development, for any temporary use approved
under this Section 42 shall be obtained from the Building Inspection
Department prior to commencement of such use. Section 60 and all other
provisions of this Ordinance determined to be applicable by the Director of
Community Development shall be complied with prior to the commencement
of any approved temporary use.
7. Temporary concrete mixing or batching plants for use during the construction
of buildings or public improvements for thirty (30) days or less may be
approved by the Director of Community Development.
8. Temporary outside display and sales of merchandise, 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
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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.
B. SALE OF ALCOHOLIC BEVERAGES:
1. Notwithstanding any other provision of this Ordinance the storage,
possession, sale, serving, or consumption of alcoholic beverages, except for
the consumption of the occupants or owners of the premises and their
guests at no charge, when permitted by the laws of the State of Texas, shall
be regulated and governed by the following use regulations and
requirements:
DEFINITIONS: For the purpose of this Ordinance, the following words and
phrases shall have the meanings ascribed to them as follows:
(a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing
more than one-half of one percent of alcohol by volume, which is
capable of use for beverage purposes, either alone or when diluted.
(b) RESTAURANT shall mean a restaurant or eating establishment
whose gross sales in Grapevine from food on an annual basis at the
location represent at least fifty (50) percent of total sales with a
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020705 3 Section 42
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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 merchandise."
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 merchandise."
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 merchandise."
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 merchandise."
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 merchandise, 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. 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.
ATTEST:
ORD. NO. 3