Loading...
HomeMy WebLinkAboutORD 2024-073 ORDINANCE NO. 2024-073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 12, DEFINITIONS; TO CREATE A NEW DEFINITION AND SECTION 55, PERFORMANCE STANDARDS; TO CREATE A NEW EXCEPTION TO NOISE REGULATION FOR RESIDENTIAL STANDBY GENERATORS (WHOLE HOME) DURING TESTING PERIODS AND EMERGENCY EVENTS (AM24-01); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine recognizes the importance of ensuring a reliable and continuous power supply for residents, particularly during emergencies and natural disasters; and WHEREAS, residential standby generators (whole home generators) provide essential backup power to maintain critical household functions, including heating, cooling, medical equipment, and communication systems; and WHEREAS, the City of Grapevine is committed to protecting the health, safety, and welfare of its residents by allowing the use of residential standby generators during power outages and other emergencies; and WHEREAS, the existing noise ordinance may inadvertently restrict the use of necessary residential standby generators, thereby compromising residents' ability to safeguard their homes and well-being during power interruptions; and WHEREAS, it is deemed appropriate to adopt an exception to the noise ordinance to permit the operation of residential standby generators (whole home generators) during times of power outages, routine maintenance, and testing periods; and WHEREAS, the City of Grapevine aims to balance the need for emergency power solutions with the community's interest in minimizing noise disturbances; and WHEREAS, this ordinance will include reasonable conditions and limitations to ensure that the use of residential standby generators does not unduly impact the peace and quiet of residential neighborhoods; and WHEREAS, Section 12 of the Zoning Ordinance of the City of Grapevine provides definitions for land uses and related development standards; and WHEREAS, Section 55, Performance Standards of the Zoning Ordinance of the City of Grapevine regulates noise standards; and WHEREAS, the City Council wishes to amend Section 12, Definitions and Section 55, Performance Standards to allow for an additional exception for residential stand by generators (whole home) during testing periods and emergency events; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Subsection 12.A, of Section 12 of the Zoning Ordinance — "Definitions", is amended by creating a new definition for"residential standby generators," is hereby amended as follows: RESIDENTIAL STANDBY GENERATOR means a whole-home emergency generator (permanently installed) for residential units as a backup power system designed to automatically provide electricity to an entire household during a power outage. It is not intended to be used in place of a permanent electric connection. **** Section 3. That Subsection 55.A.3, "Noise Regulation" of Section 55 of the Zoning Ordinance — "Performance Standards", is amended by creating an exception for residential standby generators, is hereby amended as follows: **** 3. NOISE REGULATION: This ordinance shall apply to all sound originating within the limits of the City of Grapevine, Texas. It applies 24 hours of everyday of the week and year around. This ordinance does not apply to any moving vehicle or aircraft nor does it apply to sound emitted from any emergency warning device. This ordinance does not apply to the following activities as long as they are Ordinance No. 2024-073 2 AM24-01 conducted in daytime hours as a normal function of a permitted, conditional or special use and the equipment is maintained in proper working condition: • Lawn and yard maintenance • Residential standby generator, limited to testing periods between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and during emergency events only, and not used in place of a permanent electric connection. **** Section 3. 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) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 undesirable conditions for the 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. Ordinance No. 2024-073 3 AM24-01 IPASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of August, 2024. APPROVED: --_____------7-7.--e-64) William D. Tate Mayor ATTEST: (..-;11AP i n-e_ (--(__ e,".-..)- U1 ,J 1� i m t�2 a.- e L--'� �x 12 D. . -11. City Secretary i,N` /k ' `' * * .* APPROVED AS TO FORM: 01 R, Matthew C.G. Boyle City Attorney I Ordinance No. 2024-073 4 AM24-01