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HomeMy WebLinkAboutORD 2002-063 ORDINANCE NO. 2002-63 `�k"� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AS HERETOFORE AMENDED; BY AMENDING SECTION 12 DEFINITIONS AND SECTION 49, SPECIAL USE PERMITS RELATIVE TO CHURCHES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Grapevine deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the Comprehensive Zoning Ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate - r regulations be enforced therein and to recommend amendments to the Comprehensive Zoning Ordinance; and �,�� WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission and the City Council have determined that the intensity, nature, impact, and compatibility of church uses on a large scale necessitate the application of the review provisions contained in Section 49. F. of the Comprehensive Zoning Ordinance; and WHEREAS, the City Planning and Zoning Commission of the City of Grapevine and the City of Grapevine City Council, in compliance with the Charter of the City of �.:,.a Grapevine, and State Law with reference to changes to zoning classifications under the _ Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by , __ publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, the City of Grapevine City Council is of the �:y opinion that said change in zoning should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Section 12.A.61, of the Comprehensive Zoning Ordinance of the City of Grapevine, Texas is hereby amended in its entirety to read as follows: "61. Church shall mean any building, place, or structure(s) owned and/or used by religious organizations or congregations and providing religious worship, religious training, or education of its members. This definition includes accessory uses such as rectories, convents, monasteries or other congregate residences for the housing of religious organization personnel, meeting halls, offices for administration of the institution, day care facilities, education or schools, recreation associated with schools or day care facilities which are associated or affiliated with a church." Section 3. That Section 49 B. 14. of the Comprehensive Zoning Ordinance of �°� the City of Grapevine, Texas is hereby amended in its entirety to read as follows: "14. (a) Churches that exceed the maximum height regulation established for the zoning district in which they are listed as a permitted, special, or conditional use. All other district regulations shall also apply. (b) Churches, in the following zoning districts: "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, "HGT" Historic Grapevine Township District, "HCO" Hotel Corporate Office District, "RA" Recreational Amusement District, "LI" Light Industrial District, "BP" Business Park District, "PCD" Planned Commerce Development District, "PID" Planned Industrial Development District, and "GU" Governmental Use District." Section 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Grapevine, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. ORD. NO. 2002-63 2 Section 5. If any section, paragraph, subdivision, clause, phrase or provision ; of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the ��;� validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Section 6. In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Section 7. 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 public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 20th of August, 2002. APPROVED: ' William D. Tate Mayor �<>:� ATTEST: - �� . Linda Huff City Secretary APPROVED AS TO FORM: ti--._. John F. Boyle, Jr. City Attorney ORD. NO. 2oo2-s3 3