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HomeMy WebLinkAboutItem 03 - Amend Ordinance No. 99-50ITEM ♦ ` =.-,. MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER A, MEETING DATE SUBJECT: RECOMMENDATION: OCTOBER 3, 2000 AMEND ORDINANCE NO. 99-50 CORRECTING TYPOGRAPHICAL ERRORS City Secretary recommends the City Council reconsider the motion that approved Ordinance No. 99-50 on March 23, 1999, and approve Ordinance No. 99-50 as corrected and amended to replace said previously approved ordinance. BACKGROUND: The City Council and Planning & Zoning Commission conducted a joint public hearing on March 23, 1999, regarding amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations regarding restaurants with outside dining and/or drive through, and Section 67 Amendments relative to notification signs. The Planning & Zoning Commission (vote of 7-0) recommended approval of the amendments. The City Council accepted the Commission's recommendation and by a vote of 7-0 adopted Ordinance No. 99-50. Typographical errors were discovered after codification of the ordinance. City Attorney John F. Boyle, Jr. has advised that because the public hearing was held on March 23, 1999, and the Planning & Zoning Commission's recommendation for approval of the amendments was presented to and approved by the City Council, that in order to correct Ordinance No. 99-50, the City Council must now reconsider their motion and approve Ordinance No. 99-50 with the following typographical corrections: Amend Section 25.0 by the addition of item: "16. Restaurant with outside dining and/or drive through." Amend Section 67.A.4 by the addition of the following sentence: "For a request for a change in zoning related to the establishment of a Historic Landmark "H" designation, there shall be no requirement for a sign to be erected on the property for which the request has been filed." Attached is Ordinance No. 99-50 adopted March 23, 1999, and the corrected ordinance. LH September 20, 2000 (1:47PM) As Adopted March 23, 1999 ** Denotes corrections ORDINANCE NO.99-50 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, 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 REGULATIONS; SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT; SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT; SECTION 60 SIGN STANDARDS; AND SECTION 67 AMENDMENTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by deleting subsections 24.A.6 and 24.C.4 and renumbering the remaining items. B. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending subsection 25.A.9 to read as follows: 11 9. Restaurants excluding drive-in or drive-through restaurants." * * Section 25.C.16 Omitted ** C. Section 26 "HC" Highway Commercial District Regulations, subsection 26,A is hereby amended to read as follows: "A. PERMITTED USES: The following uses shall be permitted as principal uses except as provided in Section 26.D. Any use permitted in the '113" Limited Business District, "CN" Neighborhood Commercial District, "PO" Professional Office District and "CC" Community Commercial District, except that there shall be no limitation size of planned shopping centers or total floor area. 1 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.B. 10, Pawn Shops within a completely enclosed building." D. That Section 26 "HC" Highway Commercial District Regulations, subsections 26.13 and 26,C are hereby amended to read as follows: ;1B. 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: 1. Accessory uses permitted in the CN and CC Commercial Districts. 2. Mechanical equipment no nearer than one hundred twenty (120) feet to any residentially zoned district. All such ORD. NO. 99-50 2 equipment shall be screened from public view. 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 area 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. N 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 42.13. of this Ordinance. 5. Public or private storage garages, including mini storage warehouses. ORD. NO. 99-50 3 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 S . ection 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 without outside display. 20. Job printing or newspaper establishments." ORD. NO. 99-50 4 u E. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending subsection 26.D.3.(a) to read as follows: "(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. 5. Mortuary and funeral homes. 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. F. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending subsection 26.D.3.(b) to read as follows, and the addition of 26.D.3.(c): "(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.B. of this Ordinance. 3. Public or private storage garages, including mini storage warehouses. 4. Restaurant with outside dining. ORD. NO. 99-50 5 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. (c) Prohibited Uses 1. 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.B. 2. Pawn shops." G. That Section 29 "HCO" Hotel and Corporate Office District is hereby amended by amending subsection 29.0 to add the following: 117. Planned Commercial Centers." H. That Section 29 "HCO" Hotel and Corporate Office District is hereby amended by the addition of subsection 29.N to read as follows: 11N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: 1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 29.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum twenty-five (25) foot side and a minimum forty (40) foot rear yard shall be required around the outside perimeter of a Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. ORD. NO. 99-50 6 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.1-1.2.(b) may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least thirty (30) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking , loading, storage, or vehicular use). 4. BUILDING SEPARATION REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum distance between principal or accessory buildings on the same lot required by Section 29.G.6 may be modified if deemed necessary by City Council to accommodate for accessory structures. 5. BUILDING ELEVATIONS OF PROPSED STRUCTURES SHALL BE SUBMITTED WITH THE SITE PLAN REQUIRED BY SECTION 48.D.7." That Section 31 "LI" Light Industrial District is hereby amended by amending subsection 31.A to add the following: "15. Building trades contractor within a completely enclosed building and no outside storage for materials and equipment." J. That Section 31 "LI" Light Industrial District is hereby amended by amending subsection 31.0 to add the following: "15. Automotive Rental 16. Building trades contractor within a completely enclosed building, with storage yard for materials and equipment. 17. Commercial laundry and dry cleaning establishments. 18. Mobile home sales, storage, lease and repair. 19. Outside display camper sales and camper trailer sales and service, lease, and rental. ORD. NO. 99-50 7 20. Sale and rental of heavy machinery and equipment. 21. Truck and trailer rental." K. That Section 60 Sign Standards is hereby amended by amending subsections 60.B.2.c (3) - (5) to read as follows and the addition of 60.B.2.c(6): "(3) Maximum gross surface area: One hundred (100) square feet except as provided for in Section 60.132c.6. (4) Maximum sign height: Ten (10) feet except as provided for in Section 60.132c.6. (5) Changeable copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. (6) Monument Signs in the "HC" Highway Commercial District For Properties Fronting Wall Street: i. Maximum sign height: Six (6) feet Maximum gross surface area: Sixty (60) square feet. iii. Changeable Copy: Sign face with changeable copy may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued." L That Section 60 Sign Standards is hereby amended by amending subsections 60.J.2.(a), (b) and (c) to read as follows and renumbering the remainder: 112. NUMBER OF SIGNS PERMITTED: (a) Nameplate signs: One (1) per lease space. (b) On -Premise Signs Excluding Properties Fronting Wall Street: One (1) ground, monument or pole sign per platted lot and one (1) awning. canopy, marquee sign per lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use or property zoned CC Community Commercial, PCD or HC, the City Council may authorize and approve one (1) or more additional ground, monument or ORD. NO. 99-50 8 pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (c) On -Premise Signs For Properties Fronting Wall Street: One (1) monument sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use, the City Council may authorize and approve one (1) or more additional monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit." M. That Section 67 Amendments is hereby amended by amending subsection 67.A.2. to read as follows: 112. Upon filing of an application for a change in zoning with the City Planning Department, the applicant shall pay to the City the sum of five hundred dollars ($500.00) for all tracts that do not exceed one (1) acre and an additional filing fee of twenty five dollars ($25.00) per acre, on any part thereof, for each additional tract that exceeds one (1) acre, no part of which shall be returnable, regardless of the action taken on the request. For a request for a change in zoning related to the establishment of a Historic Landmark "H" designation, there shall be no fee." "Section 67.A.4 omitted ** 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 an sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense 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 of 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 ORD. NO. 99-50 9 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 1999. :4 -'' William D. Tate Mayor ATTEST: Linda Huff City Secretary Matthew Boyle City Attorney ORD. NO. 99-50 10 CORRECTED ORDINANCE NO.99-50 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS CORRECTING AND REPLACING ORDINANCE NO. 99-50 AS ADOPTED MARCH 23, 1999; CORRECTING AND AMENDING ORDINANCE NO. 99-50 TO REPLACE SAID PREVIOUSLY APPROVED ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, 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 REGULATIONS; SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT; SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT; SECTION 60 SIGN STANDARDS; AND SECTION 67 AMENDMENTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 99-50 as adopted on March 23, 1999 by the Grapevine City Council amending Ordinance No. 82-73, as amended, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas is hereby corrected by replacing previously approved ordinance adopted on March 23, 1999, and by approval of Ordinance No. 99-50 as corrected and amended to replace said previously approved ordinance. Section 2. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by deleting subsections 24.A.6 and 24.C.4 and renumbering the remaining items. B. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending subsection 25.A.9 to read as follows: fig. Restaurants excluding drive-in or drive-through restaurants." C. That Section 25 ','CC" Community Commercial District Regulations is hereby amended by amending subsection 25.0 by the addition of a new subsection 25.C.'6 to read as follows: "16. Restaurant with outside dining andlor drive through." D. Section 26 "HC" Highway Commercial District Regulations, subsection 26.A is hereby amended to read as follows: "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 '113" Limited Business District, "CN" Neighborhood Commercial District, "PO" Professional Office District and "CC" 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 ORD. NO. 99-50 2 any special uses authorized by Section 49.13. 10. Pawn Shops within a completely enclosed building." E. That Section 26 "HC" Highway Commercial District Regulations, subsections 26.13 and 26.0 are hereby amended to read as follows: "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: 1 Accessory uses permitted in the CN and CC Commercial Districts. 2. Mechanical equipment no nearer than one hundred twenty (120) feet to any residentially zoned district. All such equipment shall be screened from public view. 3. Screened garbage storage, on a concrete pad no nearer than fifty (50) feet to any residentially zoned district and Northwest Highway. 4. Off-streetparking, provided that all area 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. ORD. NO, 99-50 3 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 42.13. of this Ordinance. 5. Public or private storage garages, including mini storage warehouses. 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. ORD. NO. 99-50 4 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 without outside display. 20. Job printing or newspaper establishments." F. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending subsection 26.D.3.(a) to read as follows: "(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. 5. Mortuary and funeral homes. 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." G. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending subsection 26.D.3.(b) to read as follows, and the addition of 26.D.3.(c): *RD. NO. 99-50 5 11(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. (c) Prohibited Uses 1. 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. 2. Pawn shops." H. That Section 29 "HCO" Hotel and Corporate Office District is hereby amended by amending subsection 29.0 to add the following: 117. Planned Commercial Centers." I. That Section 29 "HCO" Hotel and Corporate Office District is hereby amended by the addition of subsection 29.N to read as follows: ORD. NO. 99-50 6 Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: 1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 29.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum twenty-five (25) foot side and a minimum forty (40) foot rear yard shall be required around the outside perimeter of a Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.(b) may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least thirty (30) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use). 4. BUILDING SEPARATION REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum distance between principal or accessory buildings on the same lot required by Section 29.G.6 may be modified if deemed necessary by City Council to accommodate for accessory structures. 5. BUILDING ELEVATIONS OF PROPSED STRUCTURES SHALL BE SUBMITTED WITH THE SITE PLAN REQUIRED BY SECTION 48.D.7." J. That Section 31 "Ll" Light Industrial District is hereby amended by amending subsection 31.A to add the following: "15. Building trades contractor within a completely enclosed building and no outside storage for materials and equipment." ORD. NO. 99-50 7 K. That Section 31 "Ll" Light Industrial District is hereby amended by amending subsection 31.0 to add the following: 1115, Automotive Rental 16. Building trades contractor within a completely enclosed building, with storage yard for materials and equipment. 17. Commercial laundry and dry cleaning establishments. 18. Mobile home sales, storage, lease and repair. 19. Outside display camper sales and camper trailer sales and service, lease, and rental. 20. Sale and rental of heavy machinery and equipment. 21. Truck and trailer rental." L. That Section 60 Sign Standards is hereby amended by amending subsections 60.B.2.c (3) - (5) to read as follows and the addition of 60.B.2.c (6): "(3) Maximum gross surface area: One hundred (100) square feet except as provided for in Section 60.132c.6. (4) Maximum sign height: Ten (10) feet except as provided for in Section 60.132c.6. (5) Changeable copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. (6) Monument Signs in the "HC" Highway Commercial District For Properties Fronting Wall Street: i. Maximum sign height: Six (6) feet ii. Maximum gross surface area: Sixty (60) square feet. iii. Changeable Copy: Sign face with changeable copy may be permitted provided they meet the provision of Section 48 and a Conditional Use Permit is issued." ORD. NO. 99-50 8 M. That Section 60 Sign Standards is hereby amended by amending subsections 60.J.2.(a), (b) and (c) to read as follows and renumbering the remainder: 112. NUMBER OF SIGNS PERMITTED: (a) Nameplate signs: One (1) per lease space. (b) On -Premise Signs Excluding Properties Fronting Wall Street: One (1) ground, monument or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use or property zoned CC Community Commercial, PCD or HC, the City Council may authorize and approve one (1) or more additional ground, monument or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground, monument or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. (c) On -Premise Signs For Properties Fronting Wall Street: One (1) monument sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use, the City Council may authorize and approve one (1) or more additional monument signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional monument signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit." N. That Section 67 Amendments is hereby amended by amending subsection 67.A.2. to read as follows: 112. Upon filing of an application for a change in zoning with the City Planning Department, the applicant shall pay to the City the sum of five hundred dollars ($500.00) for all tracts that do not exceed one (1) acre and an additional filing fee of twenty five dollars ($25.00) per acre, on any part thereof, for each additional tract that exceeds one (1) acre, no part of which shall be returnable, regardless of the action taken on the request. For a request for a change in zoning related to the establishment of a Historic Landmark "H" designation, there shall be no fee." ORD. NO. 199-50 9 O. That Section 67 Amendments is hereby amended by amending subsection 67.A.4 to read as follows: "44. The City shall have at least one sign erected on any property upon which a zoning change request has been filed. Such sign or signs shall, if possible be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained. For a request for a change in zoning related to the establishment of a Historic Landmark "W" designation, there shall be no requirement for a sign to be erected on the property for which the request has been riled Accompanying every petition for amendment of this Ordinance, shall be a required statement signed by the applicant authorizing the placement of such sign or signs by the City. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing." 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 an sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense 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 of 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of October, 2000. ORD. NO. 99-50 10 ATTEST: APPROVED AS TO FORM: ORD. NO. 99-50 11