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HomeMy WebLinkAboutItem 09 - Zoning Ordinance AmendmentsTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: NOVEMBER 19, 2024 SUBJECT: REQUEST TO CALL A PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE (82-73), SAME BEING APPENDIX D OF THE CODE OF ORDINANCES, VARIOUS SECTIONS OF THE ZONING ORDINANCE CONSISTENT WITH CHANGES TO STATE LAND USE AND ZONING LAW. (AM24-04) RECOMMENDATION: City Council to consider calling a public hearing to amend various sections of the Zoning Ordinance in accordance with changes to state land use and zoning law during the 86th, 87th, and 88th Texas State Legislative Sessions, and take any necessary action. (AM24-04) BACKGROUND: On August 1, 2023, the Council approved the award of a contract for a request for proposal (RFP) to evaluate the Zoning Ordinance relative to recent legislative updates. The purpose of the evaluation was to review 24 bills over the 86th-88th legislative sessions that dealt with zoning and land use changes at the state level and to ensure our Zoning Ordinance makes proposals to ensure the ordinance is up to date. Planning Services Staff and the Antero Group took an in-depth analysis for compliance with state law and narrowed down the total number of bills from 24 to ten which are proposed to bring land use and zoning legislation into compliance. ISSUES: 86th Legislature SB 1303 requires municipalities to maintain a copy of their boundaries map in a location that is easily accessible to the public, including on their website. This requirement also applies to the zoning map. Section 4 will be updated to clarify that the Official Zoning Map must be made available to the public. Additionally, while digital maps may be provided, they will not replace the original official maps that are required. SB 1004 requires municipalities to provide reasonable access to public rights-of- way and certain structures, such as traffic lights and poles, for the installation of small cell nodes. This issue has largely been addressed in Chapter 20 of the Code of Ordinances, which covers streets, sidewalks, and other public ways. We AM24-04.RCPH 2 Legislative Updates recommend relocating subsection 49.B.1 to a new section titled, “Communications Antennas, Support Structures, and Satellite Dishes" within Section 59, while still requiring a special use permit for these installations. HB 2439 prohibits municipalities from regulating building products or materials that are approved for use by the three most recent national model codes. There are certain exceptions, such as for historic districts and properties with a historic landmark designation. The existing exterior material percentages are to be maintained with a stipulation that allows for, "materials approved for use under the national model code publication within the last three code cycles." HB 2496 states that a city cannot assign a local historic designation to a property without the property owner's consent. Alternatively, the designation can be approved if at least three-quarters of the city council and the assigned commission vote in favor. This bill also requires the city to provide the property owner with an “impact statement,” which is essentially a packet that includes the following information for the property owner: - Regulations that may be applied to the historic landmark after designation. - Procedures for the designation process. - Tax benefits that may be applied to the historic landmark post-designation, if applicable. - Rehabilitation or repair programs offered by the City of Grapevine for a historic landmark, if any. 87th Legislature SB 1585 has broadened the requirements set forth in HB 2496 regarding local historic designations and landmarked properties. It now includes provisions for the creation of new historic districts as well as the expansion of existing ones. Additionally, the bill mandates that the city designate a single board or commission to have exclusive authority for approving local landmark designations and for including properties in historic districts. HB 1475 outlines the rules regarding how local zoning boards can grant exceptions or variances to zoning regulations. The Zoning Board of Adjustment is a group established by state law that has the authority to make special exceptions to these laws. Previously, property owners were required to demonstrate unnecessary hardship through a strict interpretation of the zoning laws. An example of such a hardship could involve conditions related to the property, such as its topography or its size and shape. AM24-04.RCPH 3 Legislative Updates House Bill 1475 simplifies the process for boards to approve these exceptions by relaxing some of the stringent criteria they previously had to adhere to. This bill allows consideration of the financial cost associated with compliance. Specifically, the zoning board may consider the following conditions: - If the financial cost of compliance exceeds 50% of the appraised value of the structure according to the most recent certified appraisal roll. - If compliance would result in a loss of at least 25% of the area on which development can physically occur on the lot where the structure is located. - If compliance would cause the structure to be in conflict with a municipal ordinance, building code, or other requirement. - If compliance would lead to unreasonable encroachment on adjacent property or easements. - If the municipality determines that the structure is nonconforming. SB 929 mandates that a city provides written notice of each public hearing regarding any proposed adoption or change to zoning regulations or boundaries. This is important if such changes could cause a currently conforming use of a property to become a nonconforming use upon adoption. If a nonconforming property is required to cease operations following the adoption of new zoning regulations, the municipality is responsible for covering all costs associated with stopping or relocating those operations. The notice must include specific language as outlined in Section 211.006 of the Texas Local Government Code and should be printed in a font size of 14 points or larger. The city is required to notify the property owner, occupant, tenant, and lessee of any property that could be affected by the proposed amendment. Furthermore, if the city intends to phase out the newly established nonconforming use(s), it must follow the outlined process and provide compensation to the property owner for any loss of income. SB 398 states that a city cannot prohibit the installation of a solar energy device. 88th Legislature HB 1381 amended Section 211.007, stating that the Planning and Zoning Commission must prepare a preliminary report and hold public hearings on that report before submitting the final version to the City Council. AM24-04.RCPH 4 Legislative Updates The bill clarified the previously ambiguous language in current law by specifying that only one public hearing before the zoning commission is required for land redevelopment applications, rather than multiple hearings. HB 3526 states that cities cannot prohibit the construction of solar pergolas. Other updates include: • Clean up to language such as outdoor versus outside storage; Director of Development Services, Community Development, or Planning Services. • Grouping definitions such as interior, corner, flag, and reverse frontage lot under the common heading of “lot”. • Adding pictorial images of some definitions for clarification. • Moving definitions elsewhere in the ordinance to Chapter 12, Definitions with citations to their applicable section or subsections. The Planning and Zoning Commission discussed the proposed amendments during their workshop on November 1. They recommend that the City Council schedule a public hearing to consider amending the Zoning Ordinance for this purpose. Legislature HB/ SB Summary Proposed Amendment SB1303 Requires municipalities to maintain an easily accessible copy of its boundaries map, including on its website. Modify Section 4. Official Zoning Map (Revised) -Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Texas State Plan Coordination System, as amended, may be used in the administration and enforcement of this ordinance, but shall not replace the paper originals of official maps required by this section. SB1004 Requires municipalities to provide reasonable access to public rights-of-way and certain structures like traffic and light poles for the installation of small cell nodes. 1. Assign Section 59. “Reserved.” to “Communication Antennas, Support Structures, and Satellite Dishes” and remove small cell nodes (a type of communications equipment) from Section 42. “Supplementary District Regulations” 2. Develop framework for the purpose, applicability, and exceptions in this new section. 3. Establish standards, regulations, and design standards HB2439 Prohibits municipalities from restricting the use of building products or materials approved by the three most recent national model codes in residential or commercial buildings, with some exceptions for historic districts and properties with a historic landmark designation. This legislation prohibits a city from regulating building materials if allowable under the three most recent national model codes. We’ve added language to multiple sections as described below to show conformance: 1. Revise Section 54. “Masonry Requirements” with language to conform with this regulation with exceptions. 2. Revise Section 19.F. “R-MH, Manufactured Home District Regulations”, Other Requirements 3. Revise Section 34.E.13./ Section 35.E.13. “PRD-6/ PRD-12, Planned Residential Low/ Medium Density”, Masonry Requirements HB2496 Prohibits certain municipalities from designating a property as a local historic landmark without the owner's consent or the approval of 3/4 of the governing body of the municipality and other specified entities. The bill also requires the municipality to provide the property owner with a historic designation impact statement and allows the owner to withdraw consent at any time during the designation process. SB1585 Requires municipal designation of a property as a local historic landmark applicable to the inclusion of a property within the boundaries of a local historic district. The bill also requires the municipality to designate one commission as the entity with the exclusive authority to approve the designations and inclusion. HB1475 Authorizes municipal Board of Adjustments to consider specific grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardships. 1. Revise Section 68. “Board of Adjustment” to provide clearer definition of “unnecessary hardship” to reduce ambiguity and inconsistency in application of this standard. 2. Add limitations of authority. Legislative Summary House and Senate Bills over 4 legislative sessions (8 years) 24 Total Bills were evaluated - Amendments based on 10 bills are proposed 86th 1. Revise Section 39. “HL, Historic Landmark Subdistrict” to require owner consent before initiation of the designation of a property as a historic landmark. 2. Add exception that the authoritative body can bypass owner consent with a ¾ vote of the local governing body and the Zoning, Planning, or Historic Commission (Sec. 211.0165 (2) Local Government Code) 3. Ensure notification process about designation is incorporated and clarifies the property owner’s right to withdraw consent. 4. Incorporate requirement for the City to issue a Historic Designation Impact Statement. 5. Clarify/designate sole authority for decision making on the designation itself. 87th Legislature HB/ SB Summary Proposed Amendment 87th SB398 Prohibits a municipality or county from prohibiting or restricting the installation of a solar energy device by a residential or small commercial customer, except to the extent to which a property owner’s association may prohibit the installation or to which certain interconnection guidelines, agreements, rules or protocols limit such installation. HB3526 Prohibits a municipality or county from applying a local building code to the construction of a solar pergola. SB929 Requires municipalities to give written notice of public hearings for any changes to zoning regulations that could turn a conforming property into a nonconforming one. If a nonconforming property is required to cease operations due to the new zoning, the municipality would be responsible for covering all associated costs. 1. Amend Section 43.D.1. “Nonconforming Uses and Structures”, Termination of Nonconforming Uses to eliminate language requiring discontinuation of nonconforming uses (subsections a-c) to avoid/mitigate legal/financial liability. Previous discussion indicated that City Leaders don’t want to be put in a position where the City would owe money. 2. Add Section 43.D.4 “Nonconforming Uses and Structures”, Termination of nonconforming Uses to provide for discontinuation of nonconforming uses should the City wish to exercise that option. 3. Amend Section 67.B.3.(a) “Amendments”, Changes and Amendments with specific notice to affected property owner. HB1381 Reduces the legal threshold for a zoning commission to hold at least one public hearing before submitting a final report to the governing body. While the governing body may not hold a public hearing until it receives the zoning commission’s report, the governing body may choose to hold a joint hearing with the zoning commission. Revise Section 67. “Amendments” to allow for joint hearings should that be desired. 1. Generate definition in Section 12. “Definitions” 2. Draft amended language to clarify solar pergolas are subject to zoning and other regulations to the extent permitted by HB 3526 and identify appropriate location for language. 3. Establish (clarify) permitted secondary use in districts that allow secondary uses like cabanas, pavilions, or roofed areas. 88th Legislative Summary PART II - CODE OF ORDINANCES APPENDIX D ZONING—ORDINANCE NO. 82-73 Grapevine, Texas, Code of Ordinances Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 1 of 251 APPENDIX D ZONING—ORDINANCE NO. 82-73 1 An ordinance adopting a comprehensive zoning ordinance for the City of Grapevine, Texas to: 1. Establish zoning districts; 2. Regulate the height and size of buildings and other structures; 3. Set the percentage of the tract that may be occupied, and for what purposes; 4. Establish the minimum setbacks and other open spaces, and the density of population; 5. Regulate the location and use of buildings, structures and land for residence, business, trade, commerce, industry or other purposes; 6. Regulate the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts; 7. Provide for other requirements, conditions, limitations and other criteria for the use and development of property. Establishing Zoning Districts and boundaries, providing for zoning maps and zoning of newly annexed territory, establishing and creating: 1. Single-family districts, R-20, R-12.5 and R-7.5; 2. Two-family district, R-3.5; 3. Three-and four-family district, R-3.75; 4. Multifamily districts, R-MF-1 and R-MF-2; 5. Zero lot line district, R-5.0; 6. Townhouse district, R-TH; 7. Mobile home district, R-MH; 8. Modular home district, R-MODH; 9. Professional office district, P-O; 10. Limited business district, LB: 11. Neighborhood commercial district, CN; 12. Community commercial district, CC; 13. Central business district, CBD; 14. Highway commercial district, HC; 1Editor's note(s)—Ord. No. 82-73, §§ 1—58, adopted Nov. 2, 1982, as amended, has been included as App. D at the discretion of the editor. The absence of a history note in parenthesis following a particular section indicates the section derives unamended from Ord. No. 82-73; conversely, the presence of a history note indicates subsequent amendment. PART II - CODE OF ORDINANCES APPENDIX D ZONING—ORDINANCE NO. 82-73 Grapevine, Texas, Code of Ordinances Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 2 of 251 15. Hotel corporate office district, HCO; 16. Light industrial district, LI; 17. Planned development districts, PRD-6, PRD-12, PCD, PID; 18. Special districts, GU, FP, DFW, AH, AN-A—AN-D. Providing for railroad rights-of-way and tracks, temporary uses of property, performance standards, off- street parking requirements, off-street loading requirements, parking and loading area development standards, parking lots and public garages and filling station standards, secondary and principal building standards and requirements, corner lot standards and requirements, height limitations, required yard and setback areas and projections into required yards. Providing for dedication of public parks, public streets, public drainage and utility easements to adequately serve the property at no cost to the City of Grapevine. Providing for screening, landscaping, buffering, walls and fences. Providing for certificate of occupancy compliance, and nonconforming uses and completion of existing buildings. Providing that Ordinance No. 70-10 of the City of Grapevine, passed and approved by the City Council of the City of Grapevine, April 7, 1970, as amended, and Ordinance No. 55-6 passed on August 2, 1955, all zoning district regulations and zoning classifications heretofore established under said ordinances and as indicated upon the official zoning map of the City of Grapevine shall remain in full force and effect until amended or changed to conform to the districts, regulations and zoning classifications of this ordinance. Providing a procedure for changing existing zoning to district uses, classification and regulation under this ordinance. Providing for zoning maps and use designation and changes. Providing that uses now prohibited by other ordinances shall not be permitted. Providing for applications for zoning changes, fees, procedures and notices. Providing for a zoning Board of Zoning Adjustment and duties of such board. Defining certain words and phrases. Providing for changes and amendments of the ordinance, zoning districts, zoning use designations and classifications and procedures. Providing that all new applications for zoning changes shall be granted under this ordinance. Providing for enforcement of the terms and provisions of this ordinance. Providing for a penalty of not less than $1.00 nor more than $200.00 for a violation of the terms and provisions of this ordinance. Providing that each day any violation or noncompliance continues shall constitute a separate offense. Providing that exceptions need not be negatived in complaints. Providing for catchlines, saving clauses and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 3 of 251 Sec. 1. Preamble. This ordinance shall be known and may be cited and referred to as the 1982 Comprehensive Zoning Ordinance of the City of Grapevine, Texas as amended in [[MONTH]] 2024. Sec. 2. Purpose. The zoning regulations as herein established and the districts as herein established have been made in accordance with a comprehensive plan heretofore adopted and approved for the purpose of promoting health, safety, morals and the general welfare of the city. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; 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. The zoning regulations have been made with reasonable consideration, among other things, for the character of the district and its special suitability for the particular use, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Sec. 3. Districts and Boundaries Thereof. The City of Grapevine is hereby divided into the following zoning districts, which districts are shown and described on the Zoning Map of the City of Grapevine, which map is incorporated herein by reference. R-20 Single-Family Residential District. A zone designed to accommodate single-family development on lots that are a minimum of 20,000 square feet in area, at a density of not more than two (2) dwelling units per gross acre. R-12.5 Single-Family Residential District. A zone designed to accommodate single-family residences on lots that are a minimum of 12,500 square feet in area, at a density of not more than three (3) dwelling units per gross acre. R-7.5 Single-Family Residential District. A zone designed to accommodate single-family development on lots that are a minimum of 7,500 square feet in area, at a density of not more than four (4) dwelling units per gross acre. R-5.0 Zero Lot Line District. A zone designed to accommodate single-family development at a density of not more than eight (8) dwelling units per gross acre on lots that are not less than 5,000 square feet in area and on which the residence may be located in closer proximity to the side yard lot line when compared to other districts. R-3.5 Two-Family Residential District. A zone designed to accommodate development with residential buildings containing two (2) dwelling units in each building, at a density of not more than eight dwelling units per gross acre. R-3.75Three- and Four-Family Residential District. A zone designed to accommodate development with residential buildings containing three (3) and four (4) dwelling units in each building at a density of not more than ten dwelling units per gross acre. R-MH Manufactured Home District. A zone designed to accommodate development with planned manufactured home parks at a density of not more than five (5) dwelling units per gross acre. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 4 of 251 R-TH Townhouse Residential District. A zone designed to accommodate development with townhouses at a density of not more than nine (9) dwelling units per gross acre. R-MF Multifamily District. A zone designed to accommodate multiple-family residential development at a density of not more than 20 dwelling units per gross acre. R-MODH Modular Home District. A zone designed to provide adequate space and site diversification for single-family detached modular home subdivisions. This district recognizes modular homes as a specific form of housing and provides appropriate standards generally consistent with the R-7.5 Single-Family Residential District. LB Limited Business District. A zone in size designed for sites on lots not larger than three (3) acres in size to accommodate neighborhood convenience retail shopping facilities and professional and business offices that are primarily engaged in providing services to residents of the immediate neighborhood. GV Grapevine Vintage District. A zone designed to accommodate wineries, vineyards, wine tasting rooms, and associated low intensity retail/commercial uses which promote, enhance, and complement the Texas Wine Industry. CN Neighborhood Commercial District. A zone designed to provide locations for the local neighborhood shopping and personal service needs of the surrounding area. CC Community Commercial Development District. A zone designed to accommodate general retail shopping facilities including community and regional shopping centers. HC Highway Commercial District. A zone designed to accommodate business and commercial uses that depend upon high visibility and convenient sites on arterial highways in order to attract customers. P-O Professional Office District. A zone designed to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. CBD Central Business District. A zone designed to accommodate the types of business and commercial uses that have historically been located in the Grapevine central business area. HGT Historic Grapevine Township District. A zone designed to accommodate limited commercial and residential uses in the historically significant original township of Grapevine area which is approximately bounded by Northwest Highway, Ball Street, Cotton Belt Rail Road, Austin Street, and Wood Street. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 5 of 251 HCO Hotel Corporate Office District. A zone designed to accommodate the development of hotels, motels, restaurants, and other uses that are incidental to the function of providing lodging, food, and services to transients and to encourage the location of planned office complexes and corporate headquarter facilities in Grapevine on tracts of not less than two (2) acres in size. RA Recreation/Amusement District. A zone designed to accommodate recreation and amusement uses representing various types of recreational activities. LI Light Industrial District. A zone designed to accommodate industrial development in accordance with performance standards designed to ensure that such uses will have little or no impact on the area around them. BP Business Park District. A zone designed to incorporate commercial and industrial uses into one district with quality architectural and landscape design development standards on lots that are a minimum of 30,000 square feet in area. Planned Development Districts: PRD-6 Planned Residential Low Density District. A zone designed to accommodate development with a variety of types of residences in accordance with a master development plan and in which residential uses predominate and the residential density is not more than six dwelling units per gross acre. PRD-12 Planned Residential Medium Density District. A zone designed to accommodate development with a variety of types of residences in accordance with a master development plan and in which residential uses predominate and the residential density for standard developments does not exceed nine (9) dwelling units per gross acre and the residential density for planned developments does not exceed twelve (12) dwelling units per gross acre. PCD Planned Commerce Development District. A zone designed to accommodate mixed uses in which the predominant uses are retail business and commercial development in accordance with a master development plan. PID Planned Industrial Development District. A zone designed to accommodate industrial development in accordance with a master development plan. Special Districts: GU Governmental Use District. This district is intended to apply to those lands where national, state or local governmental activities are conducted and where title to such lands are held by a governmental body. In classifying the area within the corporate limits of the City of Grapevine in the various districts set out above, the following criteria shall be considered: 1. The land use recommendations and policies contained in the Master Plan of the City of Grapevine. 2. The existing development on the site and the density and intensity of use in such development. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 6 of 251 (Ord. No. 83-52, § 1, 9-6-83; Ord. No. 84-16, § 2(B), 4-9-84; Ord. No. 89-81, § 1(A), 12-5-89) Sec. 4. Official Zoning Map (Revised). Official Zoning Map. The city is hereby divided into the districts listed in Section 3 of this ordinance as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 4 of Ordinance Number 82-73 of the City of Grapevine, Texas," together with the date of the adoption of this ordinance. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council. No amendments to this ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map. The City shall maintain records identifying the ordinance number making such changes and the effective date of the change. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the city clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city. The Official Zoning Map shall be available to the public at all hours when the office of the city clerk is open to the public and a digital copy shall be maintained on the City’s website. Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Texas State Plan Coordination System, as amended, may be used in the administration and enforcement of this ordinance, but shall not replace the paper originals of official maps required by this section. If the Official Zoning Map is partially or entirely damaged, destroyed, lost, suffers deterioration, or is otherwise unreadable, the City Council may adopt a new Official Zoning Map by ordinance following a public hearing. The new Official Zoning Map that the City Council adopts under this section replaces and supersedes any prior Official Zoning Map following adoption. (Ord. No. 84-16, § 2(B), 4-9-84) Sec. 5. Rules for Interpretation of District Boundaries. A. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following those center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following those lot lines. 3. Boundaries indicated as approximately following city limit lines shall be construed as following such city limits. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 7 of 251 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as following shorelines of bodies of water shall be construed as following such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed as following such center lines. 6. Boundaries indicated as parallel to or extensions of features indicated in Subsections A.1 through A.5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A.1 through A.6 above, the Zoning Board of Adjustment shall interpret the district boundaries. See Section 68. 8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Zoning Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot. (Ord. No. 84-16, § 2(A), 4-9-84) Sec. 6. General Provisions. A. Territorial application. These regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the City of Grapevine. B. General application. After the effective date of this ordinance, all buildings and structures erected, remodeled, altered and relocated and any use of land, buildings or structures established shall comply with the applicable provisions of this ordinance. Existing buildings, structures and uses of land not complying with the provisions of this ordinance may continue subject to the provisions of Section 43 of this ordinance relating to nonconforming uses. C. General prohibition. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained, in any manner except as authorized by the provisions of this ordinance. D. Private agreements. This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or private agreement; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the regulations of this ordinance shall govern. E. Other laws and regulations. The provisions of this ordinance shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. F. Applicability—Existing variances and special permits, and licensed manufactured home parks. Variances granted prior to the date of this ordinance shall remain valid provided the use authorized by such variance has been established. Any building, structure, or use for which a specific use permit has been granted pursuant to Ordinance No. 70-10 shall be deemed to be a lawful, permitted use and shall have the same status as that of a special or conditional use authorized pursuant to this ordinance; provided, however, no Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 8 of 251 such building, structure, or use shall be altered, changed or expanded unless a conditional or special use permit therefore has been granted pursuant to this ordinance. Buildings, structures or uses allowed by variances or special permits which cannot be issued under this ordinance may continue subject to the provisions of Section 43 of this ordinance relating to nonconforming uses. Any manufactured home park for which a license has been issued for a manufactured home park pursuant to Ordinance 70-10 and Chapter 24 of the Code of Ordinances and is zoned "R-MH" Manufactured Home District shall be deemed to be a lawful, permitted use and shall have the same status as that of a manufactured home park developed under the R- MH Manufactured Home District of this ordinance, provided, however, no manufactured home park may be expanded unless a conditional use permit therefore has been granted pursuant to this ordinance. G. Applicability—Building permits issued prior to effective date. This ordinance shall not invalidate any unexpired building permits properly issued prior to the effective date of this ordinance pursuant to which construction has commenced, provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this ordinance, such building, structure or use shall be subject to the provisions of Section 43 of this ordinance relating to nonconforming uses. H. Applicability—Pending applications. From and after the effective date of this ordinance, the provisions of this ordinance shall apply to all pending applications upon which no final decision has been made, subject, however, to the provisions of Section 69 of this ordinance relating to vested rights determinations. (Ord. No. 84-16, § 2(C), 4-9-84; Ord. No. 98-58, § 1A, 5-5-98) Sec. 7. Newly Annexed Territory. All territory to the City of Grapevine after the date of passage of this ordinance shall be automatically classified for R-20 Single-Family District purposes until permanently zoned by the governing body of the City of Grapevine. The Planning and Zoning Commission shall, as soon as practicable, after annexation of any territory to the City of Grapevine, institute proceedings on its own motion to give the newly annexed territory a permanent zoning and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. (Ord. No. 84-16, § 2(A), 4-9-84) Sec. 8. Zoning Designation of Vacated Streets and Alleys. A. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district. (Ord. No. 84-16, § 2(A), 4-9-84) Sec. 9. Railroad Rights-of-Way and Tracks. Railroad rights-of-way and tracks shall be permitted within any zoning district established and created by this ordinance except that passenger stations, railroad yards, switching tracks and loading facilities shall be located only in a district authorized and permitted by this ordinance. (Ord. No. 84-16, § 2(A), 4-9-84) Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 9 of 251 Sec. 10. Water Areas. The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the City of Grapevine not otherwise zoned are hereby placed in the same zoning district as the land on which such water areas abut, as shown on the Official Zoning Map. Where the zoning districts shown on the Official Zoning Map are different or opposite sides of a water area, then the zoning district boundary shall be at the center line or midpoint of the water area. (Ord. No. 84-16, § 2(D), 4-9-84) Sec. 11. Catchlines. The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be the titles of such sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Ord. No. 84-16, § 2(A), 4-9-84) Sec. 12. Definitions. A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the City Council or where the context of this ordinance clearly indicates otherwise: Accessory dwelling unit. A secondary dwelling located on a lot with a primary detached residential structure and used as living quarters but not for rent or lease separate and apart from the primary detached residential structure. Adult Uses. Establishments or activities that involve the provision of goods, services, or entertainment intended for individuals of legal adult age and may contain explicit or sexually oriented content. Included are the following sub-uses: Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult bookstore or adult video store. A commercial establishment which, as one of its principal business purposes, openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or b. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 10 of 251 Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: a. Persons who appear in a state of nudity or seminudity; or b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or c. Films, motion pictures, video cassette, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motel. A hotel, motel or similar commercial establishment which: a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions; or b. Offers a sleeping room for rent for a period of time that is less than ten hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours. Adult motion picture theater or adult movie theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Escort. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration. Establishment, adult. Includes any of the following: 1. The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. Nude model studio. Any place where a person who appears in a state of nudity or seminudity or displays specified anatomical areas is provided, to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration. Nudity or a State of nudity. Includes either of the following: Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 11 of 251 a. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or b. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast. Seminude. A state of dress in which clothing covers no more than the genitals, public region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex or persons of the same sex; or b. Activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or seminudity. Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center, as such terms are defined herein. Specified anatomical areas. Human genitals in a state of sexual arousal. Specified sexual activities. Includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in 1. through 3. above. Advertise. The act of drawing the public’s attention to a short-term rental in order to promote the availability of the residence for use as a short-term rental. Said advertising may be found in any medium, including but not limited to, newspaper, magazine, brochure, website, or mobile application. Airport. A landing facility for aircraft approved by the United States Federal Aviation Agency. Alcoholic beverage. Alcohol and 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. Alley. A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. Amusement park. A lot, tract or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit. Antenna or Antenna array. The arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas). See Section 49.B Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 12 of 251 Antenna support structure. Any tower, mast, monopole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception or electromagnetic, radio, television or microwave signal. See Section 49.B Apartment. A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individuals. Apartment house. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities. Area of lot. The net area of the lot and shall not include portions of streets and alleys. Assisted living facility. An establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Health and Safety Code. Personal care services include assistance with daily living activities such as meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being. Attached. Physical connection above the top of the floor line of the first floor. Attraction. A place of interest where individuals or groups of persons visit for its entertainment, inherent or exhibited cultural value, historical significance, natural or built beauty or amusement opportunity. See Section 41.A. Automobile impound. A business which provides the service of towing, moving or removing wrecked or disabled vehicles for the sole purpose of temporarily storing such wrecked or disabled vehicles. The impound may be used only for temporarily storing wrecked or disabled vehicles and shall not be used for salvaging or scrap, or selling of secondhand parts or selling wrecked or disabled vehicles. Automotive repair garage. A garage or portion thereof in which automotive repair and maintenance takes place, including, but not limited to, automotive mechanical work and automotive body work, but excluding the outside storage of automobiles waiting to be repaired, automotive parts, and inoperative automobiles. Basement. See definition for Basement in the most recently adopted International Codes by the City of Grapevine. Bed and breakfast facility. A secondary use to a single-family dwelling in which no more than 12 rooms in the principal residential structure are set aside for guest clients; breakfast is available on-site to only such guest clients at no extra cost; length of stay of guest clients ranges from one to 30 days; and the owner/operator of the principal structure resides on-site. Bed and breakfast homestay does not include uses such as motels, hotels, community residential homes, boarding or lodging houses, multifamily residential dwellings, guest cottages or single-family dwelling transient rental. Bedrooms. A room in an apartment other than a kitchen, dining room, living room, bathroom or closet. This definition shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms, all of which are capable of being used as bedrooms. Blind fence or wall. A fence or wall through which a person is unable to see standing six feet from such fence or wall at ground level. Block. An area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 13 of 251 Booking Service. Any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between an Owner and a prospective Occupant, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction. Boutique hotel. A building or arrangement of buildings on one lot, in which there are a minimum of 13 guestrooms, but not exceeding 125 guestrooms designed to blend into a community and reflect the visual design aesthetics tied to the local area around them. These lodging facilities are smaller in size, have a unique character, focus attention on design aesthetics, are located in distinct districts, offer high levels of services, provide authentic cultural and historic experiences, and exceptional guest services. Breezeway. A covered one story in height connecting a main structure and a secondary building. Brew pub. Defined in accordance with the definition contained in the Texas Alcoholic Beverage Code, as from time to time amended, and as defined at the time of passage of this ordinance, in Texas Alcoholic Beverage Code Section 74.01 et seq. All authorized activities, requirements and limitations contained within said Texas Alcoholic Beverage Code Section 74.01 et seq., as from time to time amended, are hereby incorporated in the body of this ordinance by reference as if copied in their entirety, provided brew pubs shall be authorized and permitted uses in any commercial zoning category zoned for that purpose pursuant to Section 48. This definition of brew pub applies to Chapter 4 of the City Code and throughout the city's applicable ordinances and Code. Buildable area. That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan. Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. Building line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected. Business. Any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods, and/or the provision of business services. Business service. A commercial use, other than retail sales and professional services, devoted to: (a) The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. (b) The instruction, training or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. (c) The providing of temporary abodes for transient persons, such as a hotel or motel. (d) The providing of food, drink or entertainment to persons. Cabana. A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. Call center. A physical location for the placement and/or reception of telephone calls or internet communication for the purpose of sales, marketing, marketing research, customer service, telemarketing, technical support, fundraising, internet-based retailing or any other specialized business activity. Carnival or circus. A temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 14 of 251 Church. 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 secondary 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. Clinic. An institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. Club. An association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. Collocation. Mounting or installing an antenna facility on a preexisting structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure. See Section 59. Commercial. Any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. Commercial amusement. An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. Commercial communications operations. The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain. See Section 49. Commercial laundry. A heavy commercial service in which items such as clothes and linens are cleaned. This definition includes cleaning for hospitals, restaurants, hotels and diaper cleaning services as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. A commercial laundry plant shall exceed 5,000 square feet of floor area and no plant containing less than 5,000 square feet shall be considered a commercial laundry. Commercial print center. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, lithography, publishing, electrostatic printing, laser printing, word processing services, computer-generated graphics, computer-aided design services, video imaging and reproduction services, on-site computer rental and on-site teleconferencing Condominium. The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Texas Property Code Section 81.001 et seq. Convenience store. Any retail establishment of less than 13,000 square feet that sells a variety of convenience goods, including food, beverages, tobacco products, and household goods, and may include gasoline sales or provides electric vehicle charging stations. Country club. An area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. Customary home occupation. An occupation customarily carried on in the home by a member of the occupant's family. See Section 42.J. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 15 of 251 Day care activity space. An area or rooms used for children's activities including those separate from a group's classroom, excluding day care single use areas which include, but are not limited to, bathrooms, hallways, storage rooms, cooking areas of kitchens, and indoor swimming pools. Day nursery. A place where children are left for care between the hours of 6:00 a.m. and 12:00 midnight. Damages to the remainder. The diminution or reduction of value of the remainder property suffered as a result of the acquisition of a portion of property for a public purpose. See Section 43. Density. The measure of the degree to which land is filled with residential units designed to accommodate a family group. Measurement excludes public or private streets in calculating density per acre. Depth of front yard. The minimum distance from the front lot line to the front line of a building. Depth of lot. The mean distance between the front and rear lot lines. Depth of rear yard. The minimum distance between the rear line of a building other than a secondary building and the rear lot line. Detached. Having no physical connection above the top of the floor line of the first floor with any other building or structure. Distillery. A location whereby alcoholic spirits are created or manufactured, to include but not be limited to the following processes: milling, mashing, fermentation, distillation, ageing, and blending. See Section 42.B. District. A section of the City of Grapevine for which the regulations governing the area, height and use of buildings are uniform. Drip line. A vertical line run through the outermost portion of the crown of a tree and extending to the ground. See Section 52.B. Drive-through. A building or facility where customers can be served without leaving a vehicle. Duplex. A detached building having separate accommodations for two single-family dwellings or occupied by two families. Dwelling. An enclosed building or portion thereof having accommodations for only one family or occupied by one family. Efficiency apartment. A dwelling unit in a multifamily structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of 600 square feet of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. Electric Vehicle (EV) Charging Station. A public or private vehicle space utilized as an area to fuel an electric or hybrid vehicle and featuring equipment for charging electric or hybrid vehicles. Electric Vehicle Supply Equipment (EVSE). The electrical conductors and ground equipment external to an electric vehicle that provides a connection for an electric or hybrid vehicle to a power source to provide vehicle charging. The following are typical classification levels: Level 1: Provides charging through 120-volt electrical service. Level 2: Provides charging between 120-volt and 240-volt electrical service. Level 3 or Rapid Charge: Provides a voltage or rating greater than 240-volt, through three-phase or inductive charging equipment. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 16 of 251 Enclosed building. A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air. Equivalent sound pressure levels (Leq). The time weighted, mean squared, A-weighted sound pressure level (dBA). The L eq sound pressure level has the same acoustical energy as the time varying sound pressure levels measured during the monitoring time period. Establishment, General. See definition for business. Family. Any number of individuals living together as a single housekeeping unit interdependent upon one another. Financial Institution or Bank. A building or portion of a building primarily devoted to the provision of financial and/or banking services to customers or clients such as banks, credit unions, savings banks, savings and loan associations, lending establishments, and investment companies. Floor area. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, computed as follows: (a) For determining floor area ratio: The sum of the following areas: (1) the basement floor area when more than one-half of the basement height is above the finished lot grade level where curb level has not been established; (2) elevator shafts and stairwells at each floor; (3) floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof); (4) penthouses; (5) attic space having headroom of seven feet, ten inches or more; (6) interior balconies and mezzanines; (7) enclosed porches; (8) floor area devoted to secondary uses; and (9) space devoted to off-street parking, aisles and ramps when it is located in a parking structure. Space devoted to off-street loading shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor. (b) For determining off-street parking and loading requirements: The sum of the following areas (1) floor space devoted to the principal use of the premises, including secondary storage areas located within selling or working space such as counters, racks, or closets; (2) any basement floor area devoted to retailing activities; and (3) floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices. Floor area ratio (F.A.R.). The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and secondary buildings) in direct ratio to the gross area of the lot. First floor. A floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than 50 percent below grade and the top of the floor being no Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 17 of 251 higher than six feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor. Floor level. Any occupiable or usable floor space including mechanical rooms, storage areas, and expansion space. Floor levels may have elevation changes not to exceed 24 inches. Fourplex apartment house. A detached building containing four single-family attached dwellings. Freight forwarding warehouses. Warehouses engaged in the storage of goods in transit which are under the control of a direct air or transport carrier or an agency responsible for the transportation of goods via any such carrier. Garage, front entry. A structure or portion thereof for the secondary use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line. Garage, rear entry. A structure or portion thereof for the secondary use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area. Garage, public storage or public storage garage. A building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one- ton capacity only, where the rental of space is on an hourly, weekly or monthly basis. Gasoline service station. A place or establishment where gasoline, oil, grease, or motor vehicle accessories are sold, supplied, or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles, or provides electric vehicle charging stations. Governmental agency. The United States of America, State of Texas, County of Tarrant, County of Dallas, County of Denton, City of Grapevine, or any other governmental agency with the ability to exercise eminent domain powers. See Section 43.I. Grade. The finished ground level adjoining the building at all exterior walls. Grade plane. A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building between the structure and a point six feet (1,829 mm) from the building. Graphic plan. A map indicating the proposed areas of common land usage by generalized drawing. Gross leasable area (GLA). The total floor area designed for the tenant's occupancy and exclusive use, including basements, mezzanines or upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas and integral stock areas. Gross leasable area does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or enclosed mall areas. Half story. A story under a gable, hip or gambrel roof, the wall plates of which on at least two exterior walls are not more than two feet above the floor of such story. Half-way house. A facility providing for housing and rehabilitation or training of adults on probation, parole, early or pre-release from penal institution, including facilities that provide in-patient treatment for chemical dependency if such persons are ordered to obtain such treatment as condition of release. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 18 of 251 Height, building. The vertical distance from grade plane to the average height of the highest roof surface. If a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height. Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and taking-off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. Helistop. The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted. Historic landmark. Any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and welfare of the people. See Section 39.B. Hospital. An institution or place where sick or injured in-patients are given medical or surgical care, at either public or private expense, but excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis. Hosting Platform. A person or entity that participates in the short-term rental business by providing, and collecting or receiving a fee for, Booking Services through which an Owner may offer premises for an occupant on a short-term basis. Hosting Platforms usually, though not necessarily, provide Booking Services through an online platform that allows an Owner to advertise the premises through a website provided by the Hosting Platform and the Hosting Platform conducts a transaction by which potential occupants arrange their use and their payment, whether the would-be occupant pays rent directly to the Owner or to the Hosting Platform. Hotel or motel. A building or arrangement of buildings on one lot, in which there are 13 or more guestrooms used, designed and occupied as a temporary lodging place of individuals with or without meals, in which the rooms are individually rented. Access to guestrooms shall be restricted exclusively to interior corridors. These corridors shall be accessed via the main lobby of the building or entryways individually equipped with some form of security-controlled access system. Housekeeping Unit. A permanent residence as defined by Section 92.001 of the Property Code. Housekeeping unit specifically excludes any short-term rental, boarding house, lodging house, hotel, club, or any other use which is subject to the hotel occupancy tax imposed by Section 156.051 of the Texas Tax Code. Impulsive sound. A sound of short duration, usually less than one second, with an abrupt onset and rapid decay. It may be repetitive in nature. See Section 55.A. Inn. An establishment for lodging and entertaining of travelers limited to a maximum of 20 rooms with a minimum floor area of 380 square feet per room. Kindergarten. The school for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. Leaseback. An arrangement where the seller of a home leases the home back from the purchaser. In a leaseback arrangement, the specifics of the arrangements are typically made prior or immediately after the sale of the home. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 19 of 251 Lot. A tract of land occupied or to be occupied by a building and its secondary buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. Lot, Corner. A lot situated at the junction of two or more streets. Lot, Flag. A lot which is platted such that a portion of the lot is behind and a portion is beside an adjacent lot, fronts on the same right-of-way or dedicated easement as the adjacent lot, and does not meet the minimum lot width at the required minimum front building setback line for the zoning district in which it is located. Such flag lots shall be prohibited in the "R-20" Single Family District, "R-12.5" Single Family District, "R-7.5" Single Family District, "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R- 3.75" Three and Four Family District, and "R-TH" Townhouse District. For non-residentially zoned property developed as a flag lot, the front yard setback shall begin at the point where the lot meets the minimum lot width established for the district. Lot, Internal. A lot other than a corner lot. Lot, Reverse Frontage. A corner lot, the rear of which abuts the side of another lot. Lot coverage. The total area of a lot upon which is placed a building, buildings, or other structures. Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Tarrant County, Texas, or a parcel of land, the deed of which was recorded in the office of the county clerk of Tarrant County, Texas, prior to the effective date of this ordinance. Manufactured plant. An establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants. Massage establishments. A building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage services or manipulated exercises or practices upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors and barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such a physician's direction. See Section 49.B. Massage services. Any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician's direction. The term "massage services" shall not include massage services authorized by the State of Texas in establishments licensed by the State of Texas in beauty shops and barbershops staffed by licensed barbers and beauticians. See Section 49.B. Mechanical equipment. Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five horsepower or more. Medical Office. An establishment where patients receive consultation, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, or similar practitioners of medical and healing arts for humans, medical or dental laboratories. These facilities can be differentiated from a medical clinic in that such facilities primarily operate on an appointment basis, are generally not open to the general walk-in public, and offer specialized services or attention. This definition includes dentist's office and doctor's office. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 20 of 251 Microwave reflector/antenna. An apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. This definition is meant to include, but is not limited to, what are commonly referred to as satellite receive only earth stations (T.V.R.O.S.) or satellite dishes. See Section 49.B. Mini-storage warehouse. A building or group of buildings containing individual compartmentalized storage units for rent or lease, each individual unit not exceeding 500 square feet in floor area, for the exclusive inside storage of a customer’s goods or wares. No sales, business, or any activity beyond storage is permitted within an individual compartmentalized storage unit. Minimum square footage of dwelling unit. The minimum square footage of living space required per dwelling unit, excluding porches, patios, or areas designated for automobile parking. Mobile home. Any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral to or portable by the vehicle, and shall include self-propelled and non self- propelled vehicles so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons. Mobile home subdivision. Any lot, tract or parcel of land used in whole or in part for the parking of mobile homes used for or to be used as a temporary or permanent dwelling or sleeping place for one or more persons by the day or week, or for a longer period of time with or without compensation and where parking facilities are provided for one or more automobiles and mobile homes to be used for temporary or permanent dwellings. Mobile sound source. Sound pressure created by motorized vehicles designed to operate on public right-of-way, including, but not limited to, automobiles and aircraft. See Section 55.A. Modular home. A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. Motor freight terminal. An establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation. Multifamily dwelling. A building or buildings containing or aggregating more than four single-family dwelling units. Multifamily Short-Term Rental. The renting of a multifamily dwelling unit, or any portion thereof, for a period of less than 30 days. Natural vegetation. Living plant material. Neighborhood day care center. A place where children are left for care in the R-7.5, R-5.0, R-3.5, R-3.75, R- MH, R-MODH, and R-TH districts. The lot on which the neighborhood day care center is located must front upon a street designated as a type A, B, C, D, or E thoroughfare on the Grapevine Thoroughfare Plan. See Section 49.B. Network node. Type of telecommunications facility. See small cell or small wireless facility. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 21 of 251 New car showroom. An establishment of a dealer of new automobiles, authorized by the manufacturer of the automobiles. Newspaper Establishment. Any establishment that publishes and distributes a newspaper or other periodical publication. Noise. Unwanted sound and is any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. See Section 55.A. Noise disturbance. Any sound which: (a) endangers or injures the safety or health of humans or animals; or (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. See Section 55.A. Noncommercial. An enterprise which provides goods and/or services only to its own members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment. Nonconforming use. A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. Novelty Establishment. A retail establishment which includes as part of its merchandise for sale to the general public: equipment, products or materials that may be used as drug paraphernalia, including pipes, bongs, clips, scales, sifters, rolling papers, spoons and other items that may be classified and defined as drug paraphernalia. Skilled Nursing Facility. An institution, other than a hospital, licensed by the State of Texas or the City of Grapevine which provides primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled who need ongoing health supervision, but not hospitalization. Skilled nursing facilities may also be referred to as a nursing home, convalescent home, or long-term care facility. Off-street parking. Asphalt or concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. The minimum required off-street parking shall be provided free of charge, unless approved with a special use permit in accordance with Section 49 of this ordinance. Office. A place where the transaction of business takes place exclusive of retail sale and transfer of goods, manufacturing, and storage of commodities. Open space. All land designated for the recreational enjoyment and/or natural beauty of area. Operator. Any person or entity who has control of the property or dwelling unit. Outdoor advertising sign. A signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. Outside storage. The storage of commodities, goods, machinery and equipment, company vehicles including box trucks, pickup trucks, and storage vehicles, and/or refuse outside of an enclosed building. Occupancy. The purpose or activity for which a piece of land or its building, or part thereof, is used or intended to be used. Package store. A retail establishment that sells "liquor", “wine and vinous liquor”, “malt beverages”, or “beer”, as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off- premise consumption. See Section 42.B. Periodic and pure tone sound. Any sound which can be heard as a single pitch or set of single pitches. See Section 55.A. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 22 of 251 Permissible sound pressures level. The equivalent sound pressure level (L eq) and for this regulation measured over an eight-minute time period. See Section 55.A. Person. An individual, proprietorship, trust, partnership, corporation, association or other legal entity. Pharmacy. A building or portion thereof where prescription drugs and nonprescription medicines are sold at retail, together with dry goods, food, or beverages. Planned commercial center. A center consisting of one or more lots having a total site area of a minimum of five acres with a combination of permitted and conditional uses in the zoning district for which the zoning application is made. Planned business park. A center consisting of one or more lots having a total site area of a minimum of five acres with a combination of the permitted and conditional uses of the Business Park District. Planned neighborhood shopping center. A combination of retail stores, offices, personal service establishments and similar uses whose aggregate gross floor area does not exceed 100,000 square feet. See Section 24. Premises. A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent, by virtue of different ownership, rental, lease, usage or occupancy. Principal structure. A building or structure, the use of which is a principal use. Principal use. A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. Private. The exclusion of those who have not been invited. Private club. A social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. Professional service. Work performed by a member of a profession licensed as a profession by the State of Texas. Property. All contiguous land and any fixed or moveable object on such land, under common ownership, irrespective of leasehold or other interest. See Section 55. Public. Promotion of a public cause or service, including utilities having a franchise from the City of Grapevine, but excluding other profit-making organizations. Public rail station. A facility owned by a municipal, state or federal entity or a public transportation authority where passengers may board a type of rail service which may be light rail, commuter rail, or some other form of passenger rail service. Such facilities may include provisions for parking, and other uses such as retail, office, or meeting space. Railroad equipment storage yards. A place for the storage of railway cars, boxcars and engines and related equipment. Railway freight station. An establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars and engines. Receiver. Location where the sound is to be evaluated at opposite the bounding lot line from the sound source. The location is often referred to as a Noise Assessment Site (NAS).See Section 55.A. Religious institution. See definition for church. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 23 of 251 Rental. The renting, bartering, trading, letting or otherwise allowing the use of a dwelling unit, or portions thereof, for compensation. Restaurant. An eating establishment where food and drink are prepared and consumed primarily on the premises and whose gross sales from food on an annual basis at the location represent at least 50 percent of total sales with a conditional use as set out in Section 48. Retail sales. The regular sale of general merchandise from existing, on-site inventory to the general public for direct use or consumption. Retail sales of previously used merchandise. Selling, offering for sale or displaying for sale, antique items, used goods, wares, materials, merchandise, or second hand items of any kind by retail. Retail store. A place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. Right-of-way acquisition. The securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation, or other means by use or threat of eminent domain, but not including the dedication of right-of-way through platting or zoning processes. See Section 43.I. RMS sound pressure. The square root of the time averaged square of the sound pressure. See Section 55.A. Sale and rental of heavy machinery and equipment. A building or open area, other than a right-of-way or public parking lot, used for the display, sale, rental, maintenance, repair, and storage of heavy machinery. Heavy machinery includes but is not limited to track loaders, excavators, backhoe loaders, skid steers, telehandlers, aerial lifts, tractors, farm machinery, bulldozers, street graders, and paving devices. This definition does not include the sale, storage, lease, or repair of living units such as mobile homes and commercial vehicles such as recreational vehicles (RVs), campers, trailers, trucks, vans, and any other vehicles licensed by the Texas Department of Public Safety. Salvage yard. The outside storage of refuse and the recovery of usable portions of same. Screening. A wall or fence, the surface of which does not contain openings more than 40 square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. Any wall or fence constructed to comply with any screening provision specified within this ordinance shall be in accordance with the provisions of Section 50 of this ordinance. Secondary building or secondary structure. A subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building. Secondary use. A use subordinate to and incidental to the principal use. Service Organization shall mean a not-for-profit organization whose primary purpose is to provide social, educational, recreational, or other services to the community. Short-Term Rental. The rental or offer for a rental of a dwelling unit, or any portion thereof, for a period of less than 30 days. This term does not include a leaseback. Sign, Awning or Canopy or Marquee. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Ordinance. Sign, Construction. A temporary sign containing the names of architects, engineers, landscape architects, contractors, and similar artisans involved in the design and construction of a structure or project. Sign, Converted Digital Billboard. An off-premise advertising sign existing in whole or in part that is converted to a sign, display or device, internally illuminated, which changes the static message or copy by electronic means. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 24 of 251 Sign, Development. A temporary sign identifying the developing tract of land on which it is located. Sign, Electronic Message. A sign or portion of a sign that displays an electronic image or video, which may or may not include text, where the rate of change is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays and other similar media. Sign, Ground. A sign, except a portable sign, permanently placed upon, or supported by the ground independent of the principal building or structure on the property, the top edge of which sign is no more than six (6) feet above ground level, except ground signs in the HGT District shall be three (3) feet above ground level. Sign, Historic Wall. A sign painted directly on a building existing as of October 18, 1994, which is a restoration of or an exact replica of a sign advertising a historic former premise or a product. Sign, Monument. A sign, solid from the ground up with concealed pole(s) or support(s), permanently placed upon, or supported by the ground independent of the principal building or structure on the property. Sign, Nameplate. A permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, where applicable, a professional status. Sign, On-premise. A permanent sign, including multi-tenant pole signs, which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. Sign, Pole. A sign that is mounted on a freestanding pole. Sign, Political. A temporary sign meeting the requirements of Chapter 20, Article II, Division 3 of the Grapevine Code of Ordinances. Sign, Portable Commercial Billboard. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised. Sign, Portable On-site Business. Any sign supported by the ground but not attached to the ground or other object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business, church, development or other establishment that is being advertised. Sign, Portable Sandwich Board. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Sign, Projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building, but less than forty-eight (48) inches. Sign, Pylon. A free-standing sign erected on one or more free-standing shafts, posts, poles, or piers, solidly affixed to the ground which are totally enclosed from view by a decorative cladding that is a minimum width of 50% (fifty percent) of the cabinet, if the width of the cabinet is greater than the height of the cabinet or 100% (one hundred percent) of the width of the cabinet, if the cabinet width is equal to or less than the height of the cabinet. Sign, Real Estate. A temporary sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Sign, Roof. A sign fastened to or resting on the roof of a structure. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 25 of 251 Sign, Subdivision. A sign identifying a subdivision on which it is located. Sign, Temporary. A sign supported by the ground and permitted for a period of two years. Sign, Temporary Directional. A temporary sign, permitted for a period of two years, directing attention to the location of a developing subdivision located in Grapevine that is zoned R-7.5, R-12.5, R-20 or R-5.0. Sign, Wall. A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. Single-family attached dwelling. A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-family detached dwelling. An enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-Family Short-Term Rental. The renting of a single-family dwelling unit, or any portion thereof, for a period of less than 30 days. This term does not include a leaseback. Small cell or small wireless facility. A facility mounted on structures fifty (50) feet or less in height including their antennas, or on structures no more than ten (10) percent taller than other adjacent structures, or that do not extend existing structures where they are located to a height of more than fifty (50) feet or by more than ten (10) percent whichever is greater; where each antenna is no more than three (3) cubic feet in volume; where all other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associate equipment on the structure is no more than twenty-eight (28) cubic feet in volume; and where facilities do not result in human exposure to radio frequency radiation in excess of applicable safety standards. See Section 59. Solar Panel System. A combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage, and distribution of solar energy. Solar panel systems do not include powered outdoor solar lights, such as garden lights, accent lights, security lights, or flood lights. Sound. The weighted sound pressure level obtained by use of a sound level meter and frequency weighting network, such as A or C as specified in ANSI S1.4. If the frequency weighting is not indicated, the A- weighting shall apply. If the meter time response is not indicated, the Slow response shall apply .See Section 55.A. Sound levels and sound pressures levels (dB). 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals, and is expressed in decibels. The sound levels are usually denoted as Lp or SPL. See Section 55.A. Sound pressure. The instantaneous difference between the actual and the average or barometric pressure at a given point in space, as produced by sound energy. See Section 55.A. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, weighting network, and output meter used to measure sound pressure levels. See Section 55.A. Stationary sound sources. The fixed point of origin and location of emitter or emitters of sound under investigation. Multiple sources on a property shall be treated as a single source. See Section 55.A. Storage. A space or place for storing and safekeeping of goods in a warehouse or other depository. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 26 of 251 Story. The portion of the building included between the upper surface of a floor and the upper surface of the floor or roof next above. Story, above ground. Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: 1. More than six feet (1,829 mm) above grade plane. 2. More than six feet (1,829 mm) above the finished ground level for more than 50 percent of the total building perimeter. 3. More than 12 feet (3,658 mm) above the finished ground level at any point. Street. Any public thoroughfare dedicated to the public and not designated as an alley. Street right-of-way. A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. Structural alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. Structure. Any building, construction, facility or edifice including, but not limited to, an underground or overground utility line, drainage facility, fence, street or runway. Taxi dispatch office. A building or part thereof used as an office to dispatch taxis to their fares for the purpose of transporting passengers for a fee or charge. Time weighted. An established period of time during which the sound pressure levels are averaged. For this regulation the time period is eight minutes. See Section 55.A. Towing service. A secondary use which provides the service of towing, moving or removing wrecked or disabled vehicles for the sole purpose of repairing such wrecked or disabled vehicle in conjunction with a permitted or conditional use. Townhouse. A single-family attached dwelling unit on a separately platted lot which is joined at another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. Transport facility. The transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes associated with small cell facilities. See Section 59. Tree, historic. A tree which has been found by the city to be of a notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the city. See Section 52.B. Tree, protected. Any self-supporting woody perennial plant which has a caliper of three inches or more when measured at a point of 4½ feet above ground level and which normally attains an overall height of at least 20 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. See Section 52.B. Tree, specimen. A tree which has been determined by the city to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the city. Tree topping. The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. See Section 52.B. Triplex. A detached building containing three single-family attached dwelling units. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 27 of 251 Use. The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained. Vineyard. The cultivation or planting of grapes. Vocational, trade, technical or industrial schools. An institution that offers specialized training and education in specific trades or occupations such as, but not limited to automotive repair, cosmetology, healthcare, technology and building construction. Warehousing. Storage in an enclosed building 5,000 square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including freight forwarding warehouses, motor terminal facilities or railway freight station facilities. Wholesale business. A commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. Width of lot. The distance between the side property lines measured at a required building setback line, measuring parallel to the front property line, perpendicular to the side property line. At no time, however, shall the front property line be less than 20 feet. Width of lot, cul-de-sac,. The distance between the side property lines measured at a required building setback line, measuring parallel to a perpendicular line bisecting the angle between two side property lines. At no time, however, shall the front property line be less than 20 feet. A cul-de-sac is a street, one end of which is closed and consists of a circular turnaround. Width of side yard. The least distance between a side wall of a building and the side line of the lot. Winery. The manufacturing, bottling, labeling and packaging of wine containing not more than 24 percent alcohol by volume from grapes, fruits and berries grown on premise or imported, and to include the manufacturing and importation of grape brandy for fortifying purposes only. Wine sales may be to holders of wholesaler's permits, winery permits, wine bottlers permits. Retail sales to ultimate consumers in unbroken packages for off-premise consumption may not exceed an amount of 25,000 gallons annually. A winery may include the following secondary uses; a tasting room to dispense wine for on-premise consumption, meeting/banquet facilities, restaurants and retail sales area of wine for off-premise consumption. Yard, front. An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. On a cul-de-sac, as that term is defined in the City's subdivision rules and regulations, the front building line is to be determined by establishing a 30-foot setback from the front property pins on the front property or lot lines. A chord connecting these two points shall be the front building line. Where a front property line has a curved section and a straight section, the front building line shall be determined by establishing a 30-foot setback on the side property lines, 30 feet from the property pins. A line perpendicular to the straight section will be established at the property pin where the curve begins. A point will be established on this line 30 feet behind the property pin. The building line will be established by connecting these two points. The term "property pins" refers to the front corners of the property contiguous to the street right-of-way as shown on the subdivision. Yard, rear. A space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line. Yard, side. An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. Yard area. The front, side and rear yard areas as required under the Comprehensive Zoning Code and the zoning district requirements applicable thereto. See Section 52.B. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 28 of 251 Zoning district. The designation as set forth in the zoning ordinance such as residential, commercial, or industrial and their sub-section designations. See Section 55.A. B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Planning and Zoning Commission in accordance with the provisions set forth in Section 67. C. Pictorials in this section are intended to support users in visualizing the definitions provided. These visual aids are meant to enhance understanding and clarity for anyone referencing the zoning ordinance. INSERT PICTORIALS HERE. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(A), 5-21-85; Ord. No. 86-44, § 1(A), 7-15-86; Ord. No. 87-27, § 1(A), (B), 5-19-87; Ord. No. 87-40, § 1(A), 7-21-87; Ord. No. 87-78, § 1(A), 11-17-87; Ord. No. 87-80, § 2(A), 11-17- 87; Ord. No. 88-09, § 1(A)—(D), 1-19-88; Ord. No. 88-38, § 1(A), (B), 5-17-88; Ord. No. 88-56, § 1(A), (B), 8-16-88; Ord. No. 89-78, § 1(A), 11-21-89; Ord. No. 89-81, § 1(B), 12-5-89; Ord. No. 90-79, § 1A., 12-18-90; Ord. No. 92-26, § 1A., B., 5-19-92; Ord. No. 92-68, § 1, 10-20-92; Ord. No. 92-75, § 1A., 11-17-92; Ord. No. 93-47, § 1(A), 8-16-93; Ord. No. 94-06, § 1, 1-18-94; Ord. No. 95-12, § 1(A), 2-21-95; Ord. No. 95-81, § 1(A), 10-17-95; Ord. No. 99-149, § 1A, 10-5-99;Ord. No. 2000-02, § 1, 1-18-00; Ord. No. 2000-47, § 2, 4-18-00; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-99, § 1A, 12-18-01; Ord. No. 2002-63, § 2, 8-20-02; Ord. No. 2003-19, § 1A, 3-18-03; Ord. No. 2006-43, § 1, 6-20-06; Ord. No. 2006-68, § 1, 9-19-06; Ord. No. 2007-07, § 1, 2-20-07; Ord. No. 2007-27, § 1, 5-15-07; Ord. No. 2008-34, § 1.A, 6-23-08; Ord. No. 2011-27, § 1, 6-21-11; Ord. No. 2011-27, §§ 1.C, D, 6-21-11; Ord. No. 2013-40, § 1, 8-20-13; Ord. No. 2022-042, §§ 5, 6, 7-19-22; Ord. No. 2022-062, § 2, 9-20-22) Sec. 13. R-20 Single-Family District Regulations. PURPOSE: The R-20 Single-family district is established to provide for areas requiring minimum lot sizes of 20,000 square feet in order to promote low population densities and establish or maintain a rural character within the subdivision. This district is appropriate for those areas exhibiting large lot development and maintaining a rural environment, and for newly annexed territory into the City of Grapevine. USES GENERALLY: In an R-20 Single-family 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. Single-family detached dwellings. 2. Churches, convents and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Agricultural uses subject to the provisions of Ordinance 75-25, Chapter 6, Section 6-2. 5. Temporary buildings when they are to be used only after construction purposes or as a field office within a subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. 6. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Planning Services affirming compliance with all the regulations of this section. B. Secondary uses: The following uses shall be permitted as secondary uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 29 of 251 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Accessory Dwelling Unit. Refer to Section 42.C.6. for supplementary district standards related to accessory dwelling units. 3. Cabana, pavilion, pergola, or roofed area. 4. Private swimming pools and tennis courts. 5. Secondary buildings (storage buildings, hobby shops, barns). 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Items 2 and 9, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than 45 feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F. and G. Secondary buildings or structures more than 16 feet in height shall be set back from the rear property line six feet plus two additional feet for each additional foot of height over 16 feet. The height of the secondary buildings or structures shall be measured from the top of the slab or from its bottom floor. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Public and private country clubs and golf courses excluding miniature golf courses. 4. Memorial gardens and cemeteries. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: 1. No more than three persons unrelated by blood or marriage may occupy residences within an R-20 Single-family district. 2. Storage of mechanical or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 3. Private or public alleys shall not be located in the 25-foot required rear yard. 4. Subdivisions approved prior to December 4, 1984 shall be deemed to be lawful. These subdivisions shall have the same status as subdivisions authorized pursuant to this ordinance. Buildings, or structures, within those subdivisions may meet the requirements of Section 15.F., 15.G., and 15.I. of Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 30 of 251 this ordinance, except no lot existing at the time of passage of this ordinance shall be reduced in area below 20,000 square feet. 5. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for the construction of a principal building shall be approved unless 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. F. Density requirements: The following density requirements shall apply: 1. Maximum density The maximum density within the R-20 District shall not exceed two dwelling units per acre of gross area. 2. Lot size Lots for any permitted use shall have a minimum area of 20,000 square feet. 3. Minimum open space All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. 4. Maximum building coverage The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. 5. Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 60 percent of the total lot area. 6. Minimum floor area The minimum square footage of a dwelling unit shall be not less than 1,600 square feet of floor area. G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 40 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 feet 3. Width of side yard on each side: 15 feet 4. Width of lot: 100 feet Except reverse frontage lots shall be a minimum of 130 feet in width. 5. Depth of lot: 100 feet 6. Distance between buildings: The minimum distance between principal or secondary buildings on adjacent lots shall be not less than 30 feet. 7. Only one single-family detached dwelling shall be permitted on each lot or lot of record as the case may be. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 31 of 251 H. Reserved. I. Height: The following maximum height regulations shall be observed: 1. Height of principal structure, two stories not to exceed 35 feet. 2. Height of secondary structure, one and one-half stories not to exceed 20 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-20 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 1, 9-18-84; Ord. No. 85-19, § 1(A), 4-16-85; Ord. No. 87-39, § 1(A), 7-21-87; Ord. No. 89-53, § 1(A), 7-18-89; Ord. No. 93-16, § 1(A), 4-20-93; Ord. No. 93-50, § 1(A), 10-19-93; Ord. No. 97-119, § 1A, 10-21-97; Ord. No. 99-144, § 1A, B, 9-21-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2002-27, § 1A, 3-19-02; Ord. No. 2007-55, § 1.B., 9-18-07; Ord. No. 2010-37, § 1A, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 14. R-12.5 Single-Family District Regulations. PURPOSE: The R-12.5 Single-family district is established to provide for areas requiring minimum lot sizes of 12,500 square feet in order to promote low population densities and provide the opportunity to establish a rural character within the subdivision. This district is intended to be composed of single-family dwellings together with public, denominational and private schools, churches and public parks essential to create basic neighborhood units. USES GENERALLY: In an R-12.5 Single-family 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. Single-family detached dwellings. 2. Churches, convents and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 32 of 251 temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. 5. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Planning Services affirming compliance with all the regulations of this section. B. Secondary uses: The following uses shall be permitted as secondary uses to single-family detached dwellings provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pool. 4. Secondary buildings. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than 45 feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F., and G. Secondary buildings or structures more than 16 feet in height shall be set back from the rear property line six feet plus two additional feet for each additional foot of height over 16 feet. The height of the secondary buildings or structures shall be measured from the top of the slab or from its bottom floor. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Public and private country clubs and golf courses excluding miniature golf courses. 4. Memorial gardens and cemeteries. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: 1. No more than three persons unrelated by blood or marriage may occupy residences within an R-12.5 Single-family district. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 33 of 251 2. Storage of mechanical or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 3. Private or public alleys shall not be located in the 25-foot required rear yard. 4. Subdivisions approved prior to December 4, 1984 shall be deemed to be lawful. These subdivisions shall have the same status as subdivisions authorized pursuant to this ordinance. Buildings, or structures, within those subdivisions may meet the requirements of Section 15.F., 15.G., and 15.I. of this ordinance, except no lot existing at the time of passage of this ordinance shall be reduced in area below 12,500 square feet. 5. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for construction of a principal building shall be approved unless 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. F. Density requirements: The following requirements shall apply: 1. Maximum density The maximum density within the R-12.5 District shall not exceed three dwelling units per acre of gross area. 2. Lot size Lots for any permitted use shall have a minimum area of 12,500 square feet. 3. Minimum open space All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. 4. Maximum building coverage The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. 5. Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 60 percent of the total lot area. 6. Minimum floor area The minimum square footage of a dwelling unit shall be not less than 1,400 square feet of floor area. G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 35 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 feet 3. Width of side yard on each side: 8 feet 4. Width of lot: 80 feet Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 34 of 251 Except reverse frontage lots shall be a minimum of 110 feet in width. 5. Depth of lot: 100 feet 6. Distance between buildings: The minimum distance between principal or secondary buildings on adjacent lots shall be not less than 16 feet. 7. Only one single-family detached dwelling shall be permitted on each lot or lot of record as the case may be. H. Reserved. I. Height regulations: The following maximum height regulations shall be observed: 1. Height of principal structure, two stories not to exceed 35 feet. 2. Height of secondary structure, one and one-half stories not to exceed 20 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-12.5 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 1, 9-18-84; Ord. No. 85-19, § 1(B), 4-16-85; Ord. No. 87-39, § 1(B), 7-21-87; Ord. No. 89-10, § 1(A), 1-17-89; Ord. No. 89-53, § 1(B), 7-18-89; Ord. No. 93-16, § 1(B), 4-20-93; Ord. No. 93-50, § 1(b), 10-19-93; Ord. No. 97-119, § 1B, 10-21-97; Ord. No. 99-144, § 1C, D, 9-21-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2002-27, § 1B, 3-19-02; Ord. No. 2007-55, § 1.C, 9-18-07; Ord. No. 2010-37, § 1B, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 15. R-7.5 Single-Family District Regulations. PURPOSE: The R-7.5 Single-family district is established to provide for areas requiring minimum lot sizes of 7,500 square feet in order to promote low population densities within integral neighborhood units. This district is intended to be composed of single-family dwellings together with public, denominational and private schools, churches and public parks essential to create basic neighborhood units. USES GENERALLY: In an R-7.5 Single-family district no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 35 of 251 A. Permitted uses: 1. Single-family detached dwellings. 2. Churches, convents and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. 5. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Planning Services affirming compliance with all the regulations of this section. B. Secondary uses: The following uses shall be permitted as secondary uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pools. 4. Secondary buildings. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of chapter 7, article XII. 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this subsection, the month of January shall constitute the first month of the first quarter. With the exception of item 8, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than 45 feet from the front lot line and shall meet the requirements of Section 42.C., D., E., F., and G. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Public and private country clubs and golf courses excluding miniature golf courses. 4. Memorial gardens and cemeteries. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 36 of 251 1. No more than three persons unrelated by blood or marriage may occupy residences within an R-7.5 Single-family district. 2. Storage of mechanical or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 3. Private or public alleys shall not be located in the 25-foot required rear yard. 4. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for the construction of a principal building shall be approved unless 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. F. Density requirements: The following density requirements shall apply: 1. Maximum density The maximum density within the R-7.5 District shall not exceed four dwelling units per acre of gross area. 2. Lot size Lots for any permitted use shall have a minimum area of 7,500 square feet. 3. Minimum open space All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. 4. Maximum building coverage The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. 5. Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 60 percent of the total lot area. 6. Minimum floor area The minimum square footage of a dwelling unit shall be not less than 1,200 square feet of floor area. G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 30 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 feet 3. Width of side yard on each side: 6 feet 4. Width of lot: 65 feet Except reverse frontage lots shall be a minimum of 95 feet in width. 5. Depth of lot: 100 feet Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 37 of 251 6. Distance between buildings: The minimum distance between principal or secondary buildings on adjacent lots shall be not less than 12 feet. 7. Only one single-family detached dwelling shall be permitted on each lot or lot of record, as the case may be. H. Reserved. I. Height regulations: The following maximum height regulations shall be observed: 1. Height of principal structure, two stories not to exceed 35 feet. 2. Height of secondary structure, one-story not to exceed 16 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-7.5 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 1, 9-18-84; Ord. No. 85-19, § 1(c), 4-16-85; Ord. No. 87-39, § 1(c), 7-21-87; Ord. No. 89-10, § 1(B), 1-17-89; Ord. No. 89-53, § 1(C), 7-18-89; Ord. No. 93-16, § 1(C), 4-20-93; Ord. No. 93-50, § 1(C), 10-19-93; Ord. No. 99-144, § 1E, F, 9-21-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2002-27, § 1C, 3-19-02; Ord. No. 2007-55, § 1.D, 9-17-07; Ord. No. 2010-37, § 1C, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 16. R-5.0 Zero-Lot-Line District Regulations. PURPOSE: The R-5.0 Zero-lot-line district is established to provide for areas requiring minimum lot sizes of 5,000 square feet for medium population densities within integral neighborhood units. This district is intended to be a zero-lot-line dwelling district allowing a maximum density of eight units per acre. USES GENERALLY: In an R-5.0 Zero-lot-line district no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. Principal uses: 1. Single-family detached dwellings. 2. Churches, convents and other places of worship. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 38 of 251 3. Parks, playgrounds and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. 5. Model homes and model home parking lots are permitted as temporary uses in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Planning Services affirming compliance with all the regulations of this section. B. Secondary uses: The following uses shall be permitted as secondary uses to an R-5.0 Zero-lot-line district provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. No dwelling shall be closer than 12 feet between the face of the exterior walls of neighboring dwelling unit. 4. Private swimming pool. 5. Storage buildings 120 square feet or less and having no plumbing. 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 9, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F., and G. Secondary buildings or structures more than 16 feet in height shall be set back from the rear property line six feet plus two additional feet for each additional foot of height over 16 feet. The height of the secondary buildings or structures shall be measured from the top of the slab or from its bottom floor. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Public and private country clubs and golf courses excluding miniature golf courses. 4. Memorial gardens and cemeteries. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 39 of 251 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 6. Single-family detached dwellings with a minimum front yard depth of 20 feet when the dwellings are constructed as period homes. A period home is defined as a house in which the exterior elevation incorporates amenities from housing designs during the 1930s through the 1950s period. When a 20-foot front yard depth is established by a conditional use permit, all lots fronting on one side of a street between two intersecting streets, shall maintain a uniform front yard setback for the entire block. Final elevations of proposed period homes, with type or kind of building material used, and a final plat shall be submitted as a part of the conditional use permit request. Calculation of the percentage of masonry of the entire structure shall be provided in the application for the conditional use permit. A period home committee consisting of a member of the Planning and Zoning Commission (appointed by the Planning and Zoning Commission chairman), the City Council representative to the Planning and Zoning Commission, and the township restoration coordinator may approve additional period home elevations or amendments to existing elevations when a conditional use permit is approved for period homes. The Director of Planning Services may approve minor changes to the exterior elevations such as window, door, and porch railings. D. Limitation of uses: 1. No more than three persons unrelated by blood or marriage may occupy residences within an R-5.0 Zero-lot-line zoning district. 2. Storage of mechanical or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 3. Private or public alleys shall not be located in the 25-foot required rear yard. 4. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for the construction of a principal building shall be approved unless 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. F. Density requirements: The following density requirements shall apply: 1. Maximum density—The maximum density within the R-5.0 District shall not exceed eight dwelling units per acre of gross area. 2. Lot size—Lots for any permitted use shall have a minimum area of 5,000 square feet. 3. Minimum open space—All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. 4. Maximum building coverage—The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 40 of 251 5. Maximum impervious area—The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 60 percent of the total lot area. 6. Minimum floor area—The minimum square footage of a dwelling unit shall be not less than 1,200 square feet of floor area. G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 25 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 feet 3. Width of side yard on each side: 6 feet Side yard setbacks for final subdivision plats approved between January 21, 1986 and December 16, 2003 shall be 12 inches on one side and 11 feet on the opposite side or, upon approval of a conditional use permit, six feet on each side. Provided, however the side yard setbacks contained in this subsection G.3 shall not apply to final subdivision plats approved and filed prior to January 21, 1986 and the side yard setbacks applied to the approved plat shall be those in force and effect prior to the adoption of this ordinance. 4. Width of lot: 50 feet Except reverse frontage lots shall be a minimum of 75 feet in width. 5. Depth of lot: 100 feet 6. Distance between buildings—The minimum distance between principal or secondary buildings on adjacent lots shall be not less than twelve (12) feet. 7. Only one single-family detached dwelling shall be permitted on each lot or lot of record, as the case may be. 8. No dwelling shall be closer than 12 feet between the face of the exterior walls of neighboring dwelling units. H. Reserved. I. Height regulations: The following maximum height regulations shall be observed: 1. Height of principal structure, two stories not to exceed 35 feet. 2. Height of secondary structure, one (1) story not to exceed sixteen (16) feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 41 of 251 consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-5.0 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. (Ord. No. 83-52, § 1, 9-6-83; Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 86-02, § 1(A), 1-21-86; Ord. No. 87-39, §§ 1(D), (E), 7-21-87; Ord. No. 89-53, § 1(D), 7-18-89; Ord. No. 93-16, § 1(D), 4-20-93; Ord. No. 93-50, § 1(D), 10-19- 93; Ord. No. 98-29, § 1A, 2-17-98; Ord. No. 99-144, § 1G, H, 9-21-99; Ord. No. 2000-24, § 1, 3-7-00; Ord. No. 2000- 109, § 1, 10-3-00; Ord. No. 2002-27, § 1D, 3-19-02; Ord. No. 2003-84, §§ 1A—1C, 12-16-03; Ord. No. 2007-55, § 1.E, 9-18-07; Ord. No. 2010-37, § 1D, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 17. R-3.5 Two-Family District Regulations. PURPOSE: The R-3.5 Two-family district is established to provide adequate space for medium density, duplex type residential development, promoting a population density of almost twice that of a typical single-family development. USES GENERALLY: In an R-3.5 Two-family 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. Duplexes. 2. Churches, convents and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the principal use. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Off-street parking and private garages in connection with any use permitted in this district. 2. One storage building per dwelling unit 120 square feet or less, and having no plumbing. 3. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 4. Signs subject to the provisions of Section 60. 5. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 42 of 251 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, when any of the foregoing permitted secondary uses are detached from a principal dwelling, said uses shall be located not less than 45 feet from the front lot line nor less than 20 feet from any street right-of-way, and at least six feet from the rear and side lot lines. Secondary buildings or structures more than 16 feet in height shall be set back from the rear property line six feet plus two additional feet for each additional foot of height over 16 feet. The height of the secondary buildings or structures shall be measured from the top of the slab or from its bottom floor. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Memorial gardens and cemeteries. 4. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: 1. There shall be a separate platted lot of record for each duplex structure. 2. In the event a duplex structure is converted to separate ownership, the duplex shall be considered a town house unit and shall be permitted, provided that all requirements and regulations of the R-TH District are met and maintained. 3. Not more than three persons, unrelated by blood or marriage may occupy residences within an R-3.5 District. 4. Storage of mechanical, maintenance of farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 5. Private or public alleys shall not be located in the 25-foot required rear yard. Whenever rear access or parking is provided, access shall be from a platted alley or easement. 6. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for the 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, provided a landscape plan is required under Section 17.L.2. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 43 of 251 F. Density requirements: The following density requirements shall apply: 1. Maximum density—The maximum density within the R-3.5 District shall not exceed eight dwelling units per acre of gross area. 2. Lot size—Lots for any permitted use shall have a minimum area of 8,000 square feet. 3. Minimum open space—Not less than ten percent of the gross site area shall be devoted to open space including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to 300 square feet per dwelling unit shall be devoted to planned and permanent usable recreation area. The amount, type and location of usable recreation space shall be shown on the site plan. 4. Maximum building coverage—The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. 5. Maximum impervious area—The combined area occupied by all main and secondary buildings and structures shall not exceed 60 percent of the total lot area. 6. Minimum floor area—Every duplex dwelling hereafter erected, constructed, reconstructed or altered in this dwelling district shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches, and garages as follows: a. Efficiency and one-bedroom unit: 750 square feet b. Two-bedroom unit: 900 square feet c. Three-bedroom unit: 1,000 square feet 7. The minimum land area for each dwelling unit shall be not less than 4,000 square feet. G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 30 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 feet 3. Width of side yard on each side: 6 feet 4. Width of lot: 65 feet Except that reverse frontage lots shall be a minimum of 95 feet in width. 5. Depth of lot: 100 feet 6. Distance between buildings: The minimum distance between detached principal or secondary buildings shall be not less than 16 feet. H. Reserved. I. Height regulations: The following maximum height regulations shall be observed. 1. Height of a principal structure shall be two stories not to exceed 35 feet. 2. Height of a secondary structure shall be one-story not to exceed 15 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-Street parking Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 44 of 251 shall be provided in accordance with the provisions of sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-3.5 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. L. Landscaping requirements: 1. Landscaping shall be required in accordance with Section 53 of this ordinance. 2. For developments in the R-3.5 District that contain more than 20 units, a landscape plan shall be required. M. Masonry requirements: Masonry requirements shall be met as provided in Section 54 of this ordinance. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 1, 9-18-84; Ord. No. 85-19, § 1(D), 4-16-85; Ord. No. 93-16, § 1(E), 4-20-93; Ord. No. 93-50, § 1(E), 10-19-93; Ord. No. 99-144, § 1I, J, 9-21-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2002-27, § 1E, 3-19-02; Ord. No. 2007-55, § 1.F, 9-18-07; Ord. No. 2010-37, § 1E, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 18. R-3.75 Three- and Four-Family District Regulations. PURPOSE: The R-3.75 Three- and Four-family district is established to provide adequate space for medium density, threeplex and fourplex type of residential development, promoting a population density generally higher than duplex developments but less than the typical apartment complex development density. USES GENERALLY: In an R-3.75 Three- and Four-family 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. Triplexes. 2. Fourplexes. 3. Churches, convents and other places of worship. 4. Parks, playgrounds and nature preserves, publicly owned. 5. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision only. Such temporary construction buildings shall be removed immediately upon Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 45 of 251 completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the dwelling. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages. 2. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 3. Laundry room for tenants' use. 4. Cabana, pavilion, pergola, or roofed area. 5. Signs subject to the provisions of Section 60. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Nonprofit community centers and swimming pools and tennis courts. 3. Memorial gardens and cemeteries. 4. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: 1. There shall be a separate platted lot of record for each triplex and fourplex structure. 2. In the event a triplex or fourplex structure is converted to separate ownership, the structure shall be considered a town house unit and shall be permitted provided that all requirements and regulations of the R-TH District are met and maintained. 3. Not more than three persons, unrelated by blood or marriage may occupy residences within the R-3.75 District. 4. Storage of mechanical, maintenance or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 5. Private or public alleys shall not be located in the 25-foot required rear yard. 6. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 46 of 251 adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. E. Plan requirements: No application for a building permit for the 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 density requirements shall apply: 1. Maximum density—The maximum density within the R-3.75 District shall not exceed ten dwelling units per acre of gross area. 2. Lot size—Lots for any permitted use shall have a minimum area of 11,250 square feet for triplexes, and a minimum of 15,000 square feet for fourplexes. 3. Minimum open space—Not less than ten percent of the gross site area shall be devoted to open space including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to 275 square feet per dwelling unit shall be devoted to planned and permanent usable recreation area. The amount, type and location of usable recreation space shall be shown on the site plan. 4. Maximum building coverage—The combined area occupied by all main and secondary buildings and structures shall not exceed 40 percent of the total lot area. 5. Maximum impervious area—The combined area occupied by all main and secondary buildings and structures shall not exceed 60 percent of the total lot area. 6. Minimum floor area—Every dwelling hereafter erected, constructed, reconstructed or altered in the R- 3.75 Dwelling district shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches, and garages as follows: a. Efficiency and one-bedroom unit: 750 square feet b. Two-bedroom unit: 900 square feet c. Three-bedroom unit: 1,000 square feet G. Area regulations: The following minimum standards shall be required: 1. Depth of front yard: 30 feet A minimum of 50 percent of the area of the lot within the required front yard setback shall be a landscaped area. 2. Depth of rear yard: 25 square feet 3. Width of side yard on each side: 8 square feet 4. Width of lot: triplex units – 80 square feet; fourplex units – 100 square feet Except reverse frontage lots shall be a minimum of 110 feet and 130 feet in width respectively. 5. Depth of lot: 100 feet H. Reserved. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 47 of 251 I. Height regulations: The following maximum height regulations shall be observed: 1. The maximum height of principal structure shall be two stories not to exceed 25 feet. Whenever a triplex or fourplex structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the triplex or fourplex structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a triplex or fourplex structure exceed two stories or 25 feet. 2. The maximum height of a secondary structure shall be one story not to exceed 15 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located in a required front yard. Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this ordinance and other applicable ordinances of the city. Parking of recreational vehicles, recreational trailers, motor homes or boats (all listed hereinafter referred to as vehicles) is prohibited in the required front yard except in the following circumstances: 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services (director), or a designee, after a determination is made by the director that it is not feasible to park said vehicle in the side or rear yard. 2. For any length of time for all or any part of three consecutive days, the said vehicles may be parked in the required front yard on a paved driveway for three consecutive 24-hour days, or any part of three consecutive 24-hour days. For example, vehicle could be parked in front yard on Friday evening at 10:00 p.m. and all day for the next two days, Saturday and Sunday, with the authorized parking time ending at 12:00 a.m. Sunday night. Parking of the vehicle in the front yard for all or any part of consecutive Friday, Saturday, and Sunday, or any other combination of three consecutive days, is allowed. If the vehicle parked in front yard at any time on Monday in the example, the vehicle is parked in violation of this ordinance. K. Off-street loading: No off-street loading is required in the R-3.75 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. L. Landscaping requirements: Landscaping shall be provided in accordance with Section 53 of this ordinance. M. Design requirements: The following minimum design requirements shall be provided in the R-3.75 District: 1. Buildings and structures shall conform to the masonry requirements as established in Section 54 of this ordinance. 2. Individual window air conditioning units are prohibited. Central air conditioning units, heat pumps and similar mechanical equipment, when located outside, shall be landscaped and screened from view in accordance with the provisions of Section 50. 3. The maximum length of any building shall not exceed 200 linear feet. 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. Buildings shall have no more than 60 continuous feet without a horizontal and vertical break of at least three feet. 5. No building shall be located closer than 15 feet to the edge of an off-street parking, vehicular use, or storage area. 6. The minimum distance between any two unattached buildings shall be 20 feet or the height of the building whichever is greater. Whenever two principal structures are arranged face-to-face or back-to- back, the minimum distance shall be 50 feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 48 of 251 7. Off-street parking areas shall not be closer than ten feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within 60 feet of any adjacent residentially zoned district, the parking area shall be physically screened by a fence, wall or berm at least six feet high. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment are permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence or wall at least eight feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right-of-way. Such areas shall also be located at least ten feet from any adjacent property line. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-19, § 1(E), 4-16-85; Ord. No. 93-16, § 1(F), 4-20-93; Ord. No. 93-50, § 1(F), 10-19-93; Ord. No. 99-144, § 1K, L, 9-21-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2002-27, § 1F, 3-19-02; Ord. No. 2007-55, § 1.G, 9-18-07; Ord. No. 2010-37, § 1F, 7-20-10; Ord. No. 2014-36, § 1, 6-17-14) Sec. 19. R-MH Manufactured Home District Regulations. PURPOSE: The R-MH Manufactured Home District is established to provide adequate space for manufactured home subdivision development, at a density of not more than five (5) dwelling units per gross acre. This district recognizes the manufactured home as a specific form of housing. USES GENERALLY: In an R-MH Manufactured Home 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: The following uses shall be permitted as principal uses for tracts of land not less than ten acres in area: Single-family manufactured homes situated in a manufactured home subdivision. B. Secondary uses: The following uses shall be permitted as secondary uses of a manufactured home subdivision: 1. Manufactured home plot rental office. 2. Common swimming pool no nearer than 120 feet to any residentially zoned district. 3. Laundry room for the use of residents. 4. Screened garbage storage on a concrete pad, no nearer than 50 feet to any residentially zoned district, and not within the front setback. 5. Toilet and shower facilities. 6. Community or recreation building. 7. One storage building per lot 120 square feet or less, and having no plumbing. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. When any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than 45 feet from the front lot line, 20 feet from any street right-of-way, and six feet from rear and side lot lines. C. Parking regulations: Provisions for the parking of automobiles shall be permitted as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city. D. Area regulations: The following minimum standards shall be required. 1. Depth of front setback: 30 feet Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 49 of 251 2. Depth of rear setback: 25 feet 3. Width of side yard: 15 feet 4. Manufactured home: Only one single-family manufactured home shall be permitted on each lot or lot of record or each plot within a manufactured home subdivision. Each lot of record within a manufactured home subdivision shall contain a minimum of 5,000 square feet. 5. Minimum square footage per dwelling unit: 600 square feet E. Height regulations: The following height regulations shall be observed: 1. Principal structure: One-story not to exceed 15 feet. 2. Secondary structure: One-story not to exceed 15 feet. F. Other requirements: All underpinning shall be of brick, stone, or other masonry or material of equal characteristics or comparable and matching material to exterior siding of the manufactured home with the necessary vents, screens, and/or openings, and shall be installed within 40 days after emplacement of the manufactured home. G. Limitation of uses: 1. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 93-16, § 1(6), 4-20-93; Ord. No. 98-58, § 1B, 5-5-98; Ord. No. 2002-27, § 1G, 3-19-02; Ord. No. 2014-36, § 1, 6-17-14) Sec. 20. R-TH Townhouse District Regulations. PURPOSE: The R-TH townhouse district is established to accommodate the variable dwelling concepts which currently exist in the residential marketplace. This district includes medium density residential development that is single-family, on separately platted lots with frontage onto publicly dedicated streets, and typically owner- occupied. USES GENERALLY: In an R-TH district, no land shall be used and no building shall be erected or converted to any use other than as hereinafter provided. A. Permitted uses: The following uses shall be permitted as principal uses: 1. Single-family attached dwellings. 2. Churches, convents, and other places of worship. 3. Parks, playgrounds, and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the lots in the subdivision. 5. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 50 of 251 owner signs an affidavit on a form approved by the Director of Planning Services affirming compliance with all the regulations of this section. B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: 1. Private swimming pools and tennis courts no closer than 75 feet to any adjacent residential district. 2. Cabana, pavilion, pergola, or roofed area. 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage building per dwelling unit 100 square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. No secondary uses may be located between the building line and the front property line. Private garages on lots having a minimum width of less than 40 feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non profit community centers and swimming pools and tennis courts no closer than 75 feet to any adjacent residential district. 3. Memorial gardens and cemeteries. 4. Public and private noncommercial recreation areas and facilities such as country clubs and golf courses excluding miniature golf courses and driving ranges. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. Limitation of uses: 1. There shall be a separate platted lot of record for each townhouse dwelling unit. 2. No more than three persons unrelated by blood or marriage may occupy residences within an R-TH Townhouse district. 3. Storage of mechanical, maintenance or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 4. Private or public alleys shall not be located in the 25-foot required rear yards. Whenever rear access or parking is provided, access shall be from a platted alley or easement. All alleys shall be dedicated at a minimum of 15 feet as a mutual access easement with a minimum ten feet of pavement section. No single lot shall have more than a 7½-foot easement located upon it, except that when it is necessary to Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 51 of 251 exceed 7½ feet, lot depth shall be increased to accommodate the additional width of easement necessary for the alley. 5. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. 6. Townhouse developments approved prior to September 18, 2007 shall be deemed lawful and shall have the same status as subdivisions authorized pursuant to this ordinance. 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 density requirement shall apply: 1. Maximum Density: The maximum density within the R-TH District shall not exceed nine dwelling units per gross acre. 2. Lot size: For lots that are less than 40 feet in width the minimum lot size shall be 2,550 square feet. For lots 40 feet in width or greater the minimum lot size shall be 3,200 square feet. No R-TH district shall be created on an area of less than one acre in size. 3. Minimum open space: All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. 4. Maximum building coverage: The combined area occupied by all main and secondary buildings and structures shall not exceed 55 percent of the total lot area. 5. Maximum impervious area: For lots less than 40 feet in width the combined area occupied by all main and secondary buildings and structures and all sidewalks, driveways and paved areas shall not exceed 80 percent of the total lot area. For lots 40 feet in width or greater the combined area occupied by all main and secondary buildings and structures and all sidewalks, driveways and paved areas shall not exceed 75 percent of the total lot area. 6. Minimum floor area: Every townhouse dwelling unit hereafter erected, constructed, reconstructed, or altered in this dwelling district shall have at least 1,200 square feet of floor area, excluding common corridors, basements, open and screened porches, and garages. G. Area regulations: The following minimum standards shall be required: 1. The minimum front yard setback shall be 15 feet measured from the back of curb or nearest edge of street pavement, with the exception that the face of a front entry garage shall be set back no less than 25 feet from the sidewalk. 2. The minimum rear yard setback shall be 15 feet measured from the nearest edge of the mutual access easement, with the exception that the face of a rear entry garage shall be set back no less than 25 feet from the edge of the alley pavement. 3. No side yard width is required except for the following: Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 52 of 251 a. A minimum side yard of 15 feet shall be required for each end unit in a row of townhouses containing three or more units. b. A minimum side yard of six feet shall be required for each end unit in a row of townhouses containing two units. c. Side yards which are adjacent to a dedicated public street shall be at least 25 feet in width. 4. The lot shall have a minimum width of 30 feet. 5. For lots less than 40 feet in width, the minimum depth shall be 85 feet. For lots that are 40 feet in width or greater, the minimum lot depth shall be 80 feet. 6. The minimum distance between principal and secondary uses, if detached, shall be 15 feet. H. Reserved. I. Height regulations: The following maximum height regulations shall be observed: 1. The maximum height of the principal structures shall be two stories not to exceed 35 feet. Whenever a townhouse structure is erected contiguous to an existing single family dwelling, the number of stories and height of the townhouse structure shall not exceed the number of stories and height of the contiguous single family dwelling. In no instance shall the height of a townhouse structure exceed two stories or 35 feet. 2. The maximum height of a secondary structure shall be one story not exceed 15 feet. J. Off-street parking: Provisions for the parking of automobiles shall be allowed as a secondary use to any principal permitted use provided that such shall not be located on a required front yard or side yard. Off- street parking areas shall be landscaped in accordance with Section 53. Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this ordinance and other applicable ordinances of the City. Parking of recreational vehicles, recreational trailers, motor homes, boats, towed trailers and the like, is prohibited in the required front yard, and the side yards of reverse frontage lots. Whenever such parking facilities are provided the conditions of Section 20.M.8. shall be met. K. Off-street loading: No off-street loading is required in the R-TH District for residential uses. Off-street loading for conditional uses may be required as determined by the planning commission. L. Landscaping requirements: 1. Landscaping shall be required in accordance with Section 53 of this Ordinance. 2. For developments in the R-TH District that contain more than ten (10) units, a landscape plan shall be required. M. Design requirements: The following minimum design requirements shall be provided in the R-TH Townhouse district. 1. Buildings and structures shall conform to the masonry requirements as established in Section 54 of this Ordinance. 2. Individual window air conditioning units are prohibited. Central air conditioning units, heat pumps and similar mechanical equipment, when located outside, shall be landscaped and screened from view in accordance with the provisions of Section 50. 3. The maximum length of any cluster of townhouse units shall not exceed 240 linear feet. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 53 of 251 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. There shall be no more than two continuous attached townhouses without a break in the horizontal and vertical elevations of at least three feet. 5. No building shall be located closer than 15 feet to the edge of an off-street parking, vehicular use, or storage area. 6. The minimum distance between any two unattached principal buildings shall be 30 feet. Whenever two principal structures are arranged face to face or back to back, the minimum distance shall be 50 feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 7. Off-street parking areas shall not be closer than ten feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within 60 feet of any adjacent residentially zoned district, the parking area shall be physically screened by a fence, wall, berm at least six feet high. All fencing shall be finished on both sides. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment are permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence, wall or berm at least eight feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right-of- way. Such areas shall also be located at least ten feet from any adjacent property line. 9. Any private streets developed in conjunction with a townhouse development to provide access to and frontage for townhouses developed under this ordinance must be a minimum of 31 feet in width from curb to curb, constructed under the City's Construction Standards and inspected by city staff. A planned development overlay shall not be used to deviate from this requirement. 10. Sidewalks shall be provided along any street, private or public, within a townhouse development upon which a townhouse has frontage. A planned development overlay shall not be used to deviate from this requirement. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 87-39, § 1(F), 7-21-87; Ord. No. 91-71, § 1A, 9-17-91; Ord. No. 93-16, § 1(H), 4-20-93; Ord. No. 93-50, § 1(H), 10-19-93; Ord. No. 2002-27, § 1H, 3-19-02; Ord. No. 2002-100, § 1A, 12-17-02; Ord. No. 2006-23, § 1, 3-21-06; Ord. No. 2007-55, § 1.A(Exh. A), 9-18-07; Ord. No. 2010-37, § 1.H, 7-20-10; Ord. No. 2011-33, § 1.D, 7-19-11; Ord. No. 2014-36, § 1, 6-17-14) Sec. 21. Short-Term Rentals. A. Single-family short-term rentals are hereby prohibited. It shall be unlawful to advertise for a single-family short-term rental in the City. It shall further be unlawful to advertise for any short-term rental which does not have a valid short-term rental permit issued under this Section. B. Multifamily short-term rentals are allowed with the R-MF-1 and RMF-2 Zoning Districts, subject to the issuance of a conditional use permit. C. A hosting platform or booking service shall require that all owners using the platform include a City-issued Permit number in any listing for a short-term rental on the platform and shall include a designated, mandatory field in its listing that requires a short-term rental host to input their City-issued short-term rental Permit Number before the host lists on the hosting platform’s or booking service’s website. The hosting platform or booking service shall remove a listing from the platform or booking service for a short- term rental after notification by the City that the short-term rental listing lacks a City-issued Permit, or the Permit is invalid, expired, or has been revoked. The notification must identify the listing(s) to be removed Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 54 of 251 and state the reason for removal. The platform shall remove the listing(s) as soon as practicable but no later than ten (10) calendar days from such notice. D. Short-term rentals must comply with the following conditions: 1. Short-term rentals are only allowed in multifamily complexes with at least fifty (50) units. 2. Short-term rentals are not allowed within the Historic Grapevine Township or within any Transit District Overlay. 3. Multifamily short-term rentals cannot be located in a complex whose property line(s) falls within five hundred feet of any property zoned for single-family use, including the R-5.0, R-7.5, R-12.5, R-TH, and R-20 Zoning Districts. 4. The operator of a short-term rental must be the owner of the property or the representative of the owner. 5. The operator of a short-term rental must obtain a permit from the City of Grapevine to operate the short-term rental. Said permits are non-transferable. 6. The permit application requirements for a short-term rental are as follows: a. A five-hundred-dollar ($500.00) application fee is required annually for the permit; and b. The name, physical/street address, mailing address, facsimile number, e-mail address, telephone number, date of birth, driver's license number, of the operator and representative; and c. If the operator is not an individual, the name, physical/street address, mailing address, facsimile number, e-mail address, and telephone number of the corporate representative with authority to act on behalf of the owner-entity and a copy of the documents filed with the Texas Secretary of State establishing the business entity and showing the entity is in good standing with the State of Texas; and d. The name and website link to all internet platforms on which the operator advertises or take reservations for lodging at the short-term rental at any time during a 12-month period from the date of application, including the identity of any booking service or hosting platform utilized for such short-term rental; and e. Designation of a responsible party who will be available at all times of the day or night for the short-term rental. Said responsible party must be available and able to respond to incidents at the short-term rental within sixty (60) minutes of being contacted; and f. Total number of units and the unit numbers of the proposed short-term rentals; and g. Proof of general liability insurance in an amount of not less than one million ($1,000,000.00) per occurrence issued by a company or companies licensed to operate in the State of Texas with a minimum A- rating by AM Best throughout the term of the policy; and h. House rules that the operator requires the renters to follow which must follow this ordinance; and i. The operator must notify the City of Grapevine in writing of any material change in the information contained in the application for a license within seven (7) days of the change, including but not limited to a change of ownership; management; and advertisements hosted on internet platforms; and Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 55 of 251 j. Identify all off-street parking available for and dedicated to such short-term rental(s); and k. Any other certifications that are deemed necessary to establish proof of compliance. 7. Multifamily short-term rentals can occupy no more than three percent (3%) of the available units in the complex. 8. During the time the short-term rental is taking place, the renters of the unit need to maintain a common household. Therefore, internal doors cannot have key locks that exclude renters of the property from any rooms. Everyone using the rental unit must have complete unrestricted access to the entirety of the rental. 9. The operator of the short-term rental is only allowed to use the property as a short-term rental for one hundred and eighty (180) days out of the calendar year. For one hundred and eighty (180) days the operator of the rental must utilize or maintain the property without the operation of a short-term rental. 10. The operator of the short-term rental cannot either directly or indirectly allow the property to be physically converted to add bedrooms. Once the property has been registered with the City as a multifamily short-term rental, that property cannot add any bedrooms. 11. A short-term rental cannot be occupied or utilized by more than two (2) people per bedroom or twelve (12) persons overall during any given rental period. 12. A short-term rental cannot be advertised to or host more than twelve (12) people staying overnight at the property with a maximum occupancy of two (2) people per bedroom. 13. The sound level at a short-term rental may not exceed sixty-three (63) decibels when measured at the dividing line or property line between the short-term rental unit or property and its neighboring property or unit. 14. There can be no outside congregation at a short-term rental between 10:00 p.m. and 9:00 a.m. 15. Each short-term rental must provide at least one off-street parking space each for the greater of: 1) each bedroom or room where sleeping quarters are provided; and 2) every two (2) guests in the short-term rental’s advertised capacity. 16. On street parking is prohibited for any renters or guests of a short-term rental. 17. A short-term rental must be available for a minimum rental period of twenty-four (24) hours. 18. A short-term rental cannot be utilized for any special events such as banquets, bachelor or bachelorette parties, weddings, receptions, concerts, or any other similar events. 19. Permit Suspension or Revocation. The City reserves the right to suspend or revoke a short-term rental in the event the operator or address accrues three or more violations of this ordinance or any other ordinance of the City of Grapevine during a calendar year. A violation shall include any written notice of violation, citation, or other or other documentation of a violation. Additionally, the City may suspend or revoke a short-term rental permit in the event of any single, severe ordinance or criminal violation, including but not limited to criminal arrests. Such determinations may be made by the staff of the City of Grapevine. These remedies are in addition to all other remedies and enforcement options available to the City, including but not limited to the issuance of citations and/or the filing of suit pursuant to Chapter 54 of the Local Government Code. 20. In the event of the revocation of a short-term rental permit, the operator cannot apply for any additional short-term rental permits for two (2) years. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 56 of 251 21. If a short-term rental permit is denied, suspended, or revoked, the applicant or operator can appeal to the City of Grapevine City Manager’s office within thirty (30) days of receiving notice that that permit was suspended, revoked, or denied. The final decision of the City Manager’s office can be appealed to the Board of Zoning Adjustment. During any such appeal, the applicant shall not be authorized to operate a short-term rental. Sec. 22. R-MF Multifamily District Regulations.2 PURPOSE: The R-MF Multifamily district is established to provide adequate space and site diversification for multiple-family apartment and condominium developments where the maximum density does not exceed 20 dwelling units per gross acre. R-MF District should be characterized by landscaping and open space and shall be convenient to major thoroughfares and arterial streets. Such districts should have adequate water, sewer, and drainage facilities. USES GENERALLY: In an R-MF Multifamily 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. Multifamily dwellings, including apartments and condominiums. 2. Churches, convents and other places of worship. 3. Parks, playgrounds and nature preserves, publicly owned. 4. Temporary buildings when they are to be used only for construction purposes or as a field office within the development parcel. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95 percent of the units in the development parcel. B. Secondary uses: The following uses shall be permitted as secondary uses to the multiple-family dwellings provided that none shall be a source of income to the owner or users of the multiple-family dwellings. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages in connection with any use permitted in this district provided that such parking shall not be located in a required front yard. 2. Swimming pools and tennis courts no nearer than 75 feet to any residentially zoned district. 3. Laundry room for use of tenants. 4. Meeting, party and/or social rooms in common areas only. 5. Cabana, pavilion, pergola, or roofed area. 6. Mechanical and maintenance equipment related to a principal use no nearer than 120 feet to any adjacent residentially zoned district and housing within an enclosed building. 7. Screened garbage and/or solid waste storage on a concrete pad, no nearer than 50 feet to an adjacent R-3.5, R-TH, R-5.0, R-7.5, R-12.5, R-20 zoned district, and not within the front setback. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 2Editor's note(s)—Prior to the adoption of Ord. No. 2011-33 on July 19, 2011, the R-MF zoning classification was divided into the R-MF-1 and R-MF-2 Multifamily Districts. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 57 of 251 C. Conditional uses: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and nonprofit institutions of an educational, religious or cultural type excluding correctional institutions and hospitals. 2. Nonprofit community centers. 3. Memorial gardens and cemeteries. 4. Skilled nursing facilities. 5. Day care centers (See Section 22.N.). 6. Assisted living facilities (See Section 22.N.). 7. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 8. The following conditional uses may be permitted, provided they meet the provisions of Section 48, are located within an area that is no greater than three-fourths of a mile due north and northeast of property zoned and developed as a planned commercial center containing in excess of 1,000,000 square feet of gross leasable space and north of Grapevine Mills Boulevard and a conditional use permit is issued. a. The maximum height of principal structures may be a maximum of three stories, not to exceed 40 feet. b. Whenever two principal structures are arranged face-to-end or back-to-end, the minimum distance may be 30 feet. Whenever two principal structures are arranged end-to-end, the minimum distance may be 20 feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 9. Flexible design standards: The standards set forth in sections 22.F.1. (Maximum Density), 22.F.3. (Minimum Open Space), 22.G.1 (Front Yard Setback), 22.I.1 (Height Regulations) and Section 56.1 (Off- Street Parking Requirements) may be considered flexible in order to encourage development within the R-MF Multifamily District. In some situations, the above referenced sections may vary from the specific standards established upon approval of a conditional use permit by the City Council. 10. Electric Vehicle (EV) Charging Stations (See Section 42.I.). 11. Short-Term Rentals (See Section 21). D. Limitation of uses: 1. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. 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. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 58 of 251 3. A landscape plan, meeting the requirements of Section 53, has been approved. F. Density requirements: The following density requirements shall apply. 1. Maximum density—The maximum density within the R-MF District shall conform to the following requirements. a. The maximum density shall be 16 units per acre if the minimum nonvehicular open space is 20 percent or less of the total site area. b. The maximum density shall be 18 units per acre if the minimum nonvehicular open space is between 20 and 25 percent of the total lot area. c. The maximum density shall be 20 units per acre if the minimum nonvehicular open space exceeds 25 percent of the total lot area. d. The maximum density within the R-MF District shall not exceed 20 dwelling units per gross acre. e. Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use. 2. Lot size—Lots for any permitted use shall have a minimum area of two acres. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 22.N.1. 3. Minimum open space—Not less than 20 percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to 250 square feet per dwelling unit shall be devoted to planned and permanent usable recreation area. This recreational open space shall be located internal to the site. The amount, location and type of usable recreation space shall be shown on the site plan. 4. Maximum building coverage—The combined area occupied by all main and secondary buildings and structures shall not exceed 50 percent of the total lot area. 5. Maximum impervious area—The combined area occupied by all main and secondary buildings and structures, and paved parking and driveway areas shall not exceed 75 percent of the total lot area. 6. Minimum floor area—Every dwelling hereafter erected, constructed, reconstructed or altered in the R- MF District shall have a minimum square feet of floor area, excluding common corridors, basements, open and screened porches or decks, and garages as follows: a. Efficiency unit, square feet: 600 b. One-bedroom unit, square feet: 750 c. Two-bedroom unit, square feet: 900 d. Three-bedroom unit, square feet: 1,000 e. Units containing a minimum of 600 square feet to 750 square feet shall not exceed 15 percent of the total number of units in the development. G. Area regulations: The following minimum standards shall be required. Day care centers and personal care facilities permitted as a conditional use shall meet the requirements of Section 22.N.2. 1. Depth of front yard, feet: 40 2. Depth of rear yard, feet: 30 3. Width of side yard, each side: 20 Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 59 of 251 4. Width of lot, feet: 200 5. Depth of lot, feet: 200 H. Buffer area regulations: Whenever an R-MF District is located adjacent to an existing or zoned residential district of lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of 40 feet from the adjoining property line. In addition, a buffer strip at least 20 feet in width shall be provided between the two districts. This buffer strip shall contain appropriate landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. I. Height regulations: The following maximum height regulations shall be observed: 1. The maximum height of the principal structure shall be two stories not to exceed 35 feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a multifamily structure exceed two stories or 35 feet. 2. The maximum height of a secondary structure shall be one story not to exceed 15 feet. 3. The maximum height of a storage building used for maintenance or mechanical equipment shall be one story not to exceed ten feet. J. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 of this appendix and other applicable ordinances of the city. No off-street parking shall be located closer than ten feet to any adjacent property line. No off-street parking shall be allowed in the front yard, however, with an appropriate landscaped berm, the front yard setback relative to parking may be reduced to no less than 15 feet. Such berm shall be a minimum of four feet in height of combined berming and landscape plantings. It is preferred that berms undulate and vary in height and width for a more natural appearance. Similarly while plantings shall extend the length of the front yard it is preferred that they vary in distance from the property line and complement the berming as opposed to being planted in a straight line. Though the front yard setback may be reduced relative to parking, the building setback shall remain at 40 feet. K. Off-street loading: No off-street loading is required in the R-MF District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. L. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. M. Design requirements: The following minimum design requirements shall be provided in the R-MF Multifamily district: 1. Buildings and structures shall conform to the masonry requirements as established in Section 54 of this ordinance. 2. Individual window air conditioning units are prohibited. Central air conditioning units, heat pumps and similar mechanical equipment, when located outside, shall be landscaped and screened from view in accordance with the provisions of Section 50. 3. The maximum length of any building shall not exceed 200 linear feet. Such limitation shall apply to any cluster of attached buildings unless there is a break in the deflection angle of at least 20 degrees and under no circumstances shall a cluster of buildings exceed 250 feet in length. 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. Buildings shall have no more than 60 continuous feet without a horizontal and vertical break of at least three feet. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 60 of 251 5. No building shall be located closer than 15 feet to the edge of an off-street parking, vehicular use, or storage area. Day care centers shall be exempt from the requirement. This requirement shall not apply to tandem parking spaces located immediately behind enclosed garages that access any internal private streets or drives. 6. The minimum distance between any two unattached buildings shall be 20 feet or the height of the building whichever is greater. Whenever two principal structures are arranged face-to-face or back-to- back, the minimum distance shall be 50 feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 7. Off-street parking areas shall not be closer than ten feet to any adjacent property line. Whenever an off-street parking, vehicular use or storage area is within 60 feet of any adjacent residentially zoned district, the parking area shall be physically screened by a fence, wall or berm at least six feet high. 8. Parking of recreational vehicles, trailers, motor homes, boats, towed trailers and similar vehicular equipment is permitted provided they are located in a designated vehicular use area which is screened from adjacent residential districts by a fence or wall at least eight feet in height. No vehicular use or storage area shall be located in a required front yard or adjacent to a public right-of-way. Such areas shall also be located at least ten feet from any adjacent property line. 9. Multifamily projects approved prior to November 21, 2017, shall be considered lawfully approved uses. However, any subsequent multifamily development shall conform to the Design Standards Manual for Multifamily and Vertical Mixed Use Development, attached to Ord. No. 2017-081 as Exhibit "A." An affidavit of compliance with the aforementioned standards is required to be submitted at the time of application, sealed by a licensed architect, with accompanying exhibits and documentation demonstrating/illustrating said compliance. N. Design requirements for day care centers and assisted living facilities: The following minimum design requirements shall be provided in the R-MF Multi-Family District. 1. Minimum lot size of day care centers and assisted living facilities: Lots for day care centers and assisted living facilities permitted as a conditional use shall have a minimum lot area of one acre. 2. Minimum area regulations of day care centers and assisted living facilities: The following minimum standards shall be required for day care centers and assisted living facilities permitted as a conditional use: a. Depth of front yard, feet: 30 b. Depth of rear yard, feet: 25 c. Width of side yard, each side: 20 d. Width of lot, feet: 150 e. Depth of lot, feet: 175 (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 87-39, § 1(G)-(K), 7-21-87; Ord. No. 92-75, § 1F.—I., 11-17-92; Ord. No. 93-16, § 1(J), 4-20-93; Ord. No. 93-50, § 1(I), 10-19-93; Ord. No. 98-18, § 1B, 2-3-98; Ord. No. 2002-27, § 1J, 3-19-02; Ord. No. 2007-55, § 1.H, 9-18-07; Ord. No. 2011-27, §§ 1.E, F, 6-21-11; Ord. No. 2011-33, § 1B, C, 7-19-11; Ord. No. 2012-11, §§ 1A—1C, 3-20-12; Ord. No. 2014-36, § 1, 6-17-14; Ord. No. 2017- 081, § 2, 11-21-17) Sec. 22A. R-MODH Modular Home District Regulations. PURPOSE: The R-MODH Modular home district is established to provide for adequate space and site diversification for single-family detached modular home subdivisions. This district recognizes modular homes as a Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 61 of 251 specific form of housing and provides appropriate standards generally consistent with the R-7.5 Single-family district regulations. Other requirements specific to modular home construction are set forth in this section. USES GENERALLY: In an R-MODH Modular home district no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. Principal uses: 1. Single-family detached modular homes. B. Secondary uses: The following uses shall be permitted as secondary uses to a single-family detached modular home provided that none shall be a source of income to the owner or user of the principal use: 1. Private garage. 2. Private swimming pool. 3. Storage buildings 120 square feet or less and having no plumbing. 4. Cabana, pavilion, pergola, or roofed area. 5. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located not less than four feet from the front lot line, 20 feet from any street right-of-way, and six feet from rear and side lot lines. C. Parking regulations: Provisions for the parking of automobiles shall be permitted as a secondary use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city. D. Area regulations: The following minimum requirements shall be required: 1. Depth of front yard, feet: 30 2. Depth of rear yard, feet: 25 3. Width of side yard, feet: 6 4. Width of lot, feet: 65 5. Depth of lot, feet: 100 6. Land area per dwelling unit, square feet: 7,500 7. Square footage of dwelling unit, square feet: 1,200 8. Only one single-family detached modular home shall be permitted on each lot or lot of record as the case may be. E. Height and area regulations: 1. Maximum height of principal structure Two stories or 25 feet 2. Height of secondary structure One story not to exceed 16 feet, except a storage building which shall not exceed ten feet in height. 3. Lot coverage by principal structure 40 percent of total lot area Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 62 of 251 F. Other requirements: 1. Each modular home shall bear a State of Texas Inspection sticker issued pursuant to the Texas Manufactured Housing Standards Act. 2. Each modular home shall be set on a permanent concrete foundation designed and sealed by a registered engineer. 3. A site plan permit shall be issued on the same forms as a building permit. Said fee shall be $50.00. G. Limitation of uses: 1. No storage boxes or any other containers to be picked up or dropped off by curbside self-storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding 72 consecutive hours, and not more than two instances during any 30-day period. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 93-16, § 1(K), 4-20-93; Ord. No. 2002-27, § 1K, 3-19-02; Ord. No. 2007-55, § 1.J, 9-18-07; Ord. No. 2010-37, § 1H, 7-20-10) Sec. 23. LB Limited Business District Regulations. PURPOSE: The LB Limited business district is established to accommodate individual retail stores, personal service establishments and professional or business offices which primarily meet the local neighborhood shopping and personal service needs of a limited surrounding residential area. Retail stores permitted therein are intended to include convenience goods which are normally a daily necessity for a residential neighborhood. USES GENERALLY: In an LB Limited business 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. Retail sales in completely enclosed buildings limited to stores and shops for the following: bakery, books, confectionery, dairy products, pharmaceutical products, delicatessens, florist, gift, jewelry, hobby, music, pet, tobacco, newsstands, wearing apparel, toys, and camera and photo development shops. 2. Personal service establishments including beauty, barber, dry cleaning and laundry pickup, shoe repair, self-service laundromats, and express or mailing offices. 3. Medical offices. 4. Restaurants excluding drive-in or drive-through restaurants. B. Secondary uses: The following uses shall be permitted as secondary uses in a LB Limited business district provided that none shall be a source of income to the owner or user of the principal structure. 1. Off-street parking in conjunction with any permitted use in this district. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six feet high. 2. Signs advertising uses on the premises, in accordance with Section 60 of this ordinance. 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. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 63 of 251 4. Screened garbage storage on a concrete pad and no closer than 50 feet to any residentially zoned district and not located between the front of the building and any right-of-way. 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. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42B of this ordinance. 2. Drive-in and drive-through restaurants. 3. Schools and studios for art, dancing, drama, music, photography, interior decorating, or reducing. 4. Food and convenience stores, including prepared food carryout service, that provide additional parking needed by that service. 5. Professional and business offices. 6. Financial institutions or banks 7. Any use allowed within this district with drive-in or drive-through service. 8. Call centers. 9. Any use allowed within this district with outdoor speakers. D. Limitation on uses: 1. All activities of permitted uses except automobile parking lots, shall be conducted entirely within a completely enclosed building. 2. No individual retail store or personal service establishment shall have a floor area open to the public, including display, service and sales, greater than 2,500 square feet. 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. Maximum density—The maximum density within an LB District shall not exceed a floor area ratio of 0.35. 2. Lot size—The minimum lot size in an LB District shall be 10,000 square feet and the maximum size of any LB District shall not exceed three acres. 3. Minimum open space—At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. Maximum building coverage—The combined area occupied by all main and secondary structures shall not exceed 60 percent of the total lot area. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 64 of 251 5. Maximum impervious surface—The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of 80 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 100 feet. 3. Front yard—Every lot shall have a front yard of not less than 15 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yards—Every lot shall have two side yards, each of which shall be not less than ten feet in width. 5. Rear yard—Every lot shall have a rear yard of not less than 25 feet in depth. 6. Distance between buildings—The minimum distance between detached principal or secondary buildings on the same lot shall be not less than 20 feet. H. Buffer area regulations: Whenever an LB District abuts a residential district, a wall, fence or berm at least six feet in height shall be erected to effectively screen the LB District from the residential area. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to the height of such building or structure. I. Height: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or twenty-five (25) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) floor level and twenty (20) feet in height. 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provision of Section 56 and Section 58 and shall be landscaped in accordance with section 53 of this ordinance. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. M. Design requirements: The following design requirements shall apply in the LB District: 1. No outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. The masonry requirements of Section 54 shall be met. 5. Additional buffering, screening, fencing and landscaping—The Planning and Zoning Commission may recommend and the City Council may require additional buffering, screening, fencing and landscaping requirements on any zone change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 65 of 251 such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. (Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 90-42, § 1(A), 7-17-90; Ord. No. 93-47, § 1(B), 8-16-93; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. A), 4-17-01; Ord. No. 2001-90, § 1A, 11-20-01; Ord. No. 2002-56, § 1A, 7- 16-02; Ord. No. 2007-55, § 1.K, 9-18-07; Ord. No. 2008-34, § 1.B, 6-23-08; Ord. No. 2009-04, § 1.A, 1-20-09) Sec. 23A. GV Grapevine Vintage District Regulations. PURPOSE: The GV District is established to provide locations to accommodate wineries, vineyards, wine tasting rooms, and associated low intensity retail/commercial uses which promote, enhance, and compliment the Texas Wine Industry. Such facilities should not be so large or so broad in scope of services as to attract intensive commercial developments. USES GENERALLY: In a GV Grapevine Vintage 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. Vineyard. B. SECONDARY USES: The following uses shall be permitted as secondary uses to those uses listed in Section 23A.C. Conditional uses: 1. 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. 2. Screened garbage storage on a concrete pad no nearer than 50 feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 3. Off-street parking to serve permitted uses, provided that any off-street parking or vehicular use area within 60 feet of a residentially zoned district shall be separated from said lot in accordance with Section 50.C.1. screening alternate A. 4. Signs advertising uses on the premises in accordance with Section 60, with the exception of pole signs. Pole signs shall not be allowed within the Grapevine Vintage District. 5. Other structures or uses which are customarily secondary and clearly incidental and subordinate to the permitted use and/or structure. 6. Any specialty retail shop such as, but not limited to, books, florist, jewelry, gift, hobby; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 7. Bakery, tea rooms, confectionery, and delicatessen, ice cream, soda fountain shops, and cheese factory; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 8. Studios for the creations of crafts, and heritage arts which are handmade or handcrafted that do not exceed 20 percent of the total floor area of a permitted use listed in Section 23 A.B. SECONDARY USES. 9. Planned specialty shopping center defined as a combination of all the uses permitted in Section B. SECONDARY Uses, paragraphs B.6—12. A single building shall not exceed 25,000 square feet as a permitted use. All individual users shall have the same floor area limitations as noted in subsection B. SECONDARY uses. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 66 of 251 10. Hospitality centers which provide meeting facilities for, but not limited to civic clubs, lodges, fraternal organizations, receptions, and seminars. 11. Dinner theaters. 12. Art galleries and museums. 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. 1. Winery with alcoholic beverage sales, with on-premise and off-premise consumption, provided a special permit is issued in accordance with Section 42.B. 2. Wine tasting facility with alcoholic beverage sales with on-premise and off-premise consumption, provided a special permit is issued in accordance with Section 42.B. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. 3. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. Drive-in and drive-through restaurants shall not be allowed. Restaurants adjacent or contiguous to any existing residential uses (excluding multi-family uses) shall only be allowed as a secondary use to the other conditional uses listed in this section. 4. Inn (only as a secondary use in conjunction with a winery or wine tasting room). 5. Any use allowed within this district with outdoor speakers and/or amplified sound. 6. Breweries. 7. Distilleries.D. LIMITATION ON USES: 1. Pole signs shall not be permitted in the GV district. 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 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. MAXIMUM DENSITY: The maximum density within GV District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a GV District shall be 20,000 square feet. 3. MINIMUM OPEN SPACE: At least 25 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. DISTRICT SIZE: The minimum size of any GV District shall be one acre. 5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all main and secondary structures, parking storage, loading and other paved areas shall not exceed 75 percent of the total lot area. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 67 of 251 G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH: Every lot shall have a minimum width of 125 feet. 2. LOT DEPTH: Every lot shall have a minimum depth of not less than 150 feet. 3. FRONT YARD: Every lot shall have a front yard of not less than 30 feet, which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence wall, or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vineyards, or trees, and no part shall be paved or surfaced except of minimum access, driveways and sidewalks in accordance with Section 53. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than 15 feet in width. Planned commercial centers permitted as a conditional use shall meet the requirements of subsection N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than 25 feet in depth. Planned commercial centers permitted as a conditional use shall meet the requirements of subsection N.1. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or secondary buildings on the same lot shall be not less than 20 feet. H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a GV District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50, Section 53, Section 23A.H.2. and Section 23A.H.3. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to two times the height of any building or structure, or 50 feet whichever is greater. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district, when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding 35 feet. Principal structures located contiguous to an R-20, R-12.5, R-7.5 or R-5.0 residential district shall be limited to one floor level, however an increase up to five feet to this requirement may be granted upon approval of a conditional use request by the City Council. A winery or wine tasting facility not adjacent to a R-7.5, R-12.5 or R-20 single family residential district, may exceed the maximum height requirements of subsection I.1. (35 feet) not to exceed a maximum height of 50 feet, provided a conditional use permit is issued in accordance with Section 48. 2. No secondary structure shall be erected or altered to a height exceeding 25 feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 and shall be landscaped in accordance with Section 53. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 68 of 251 L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provision of Section 57. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the GV District: 1. Lighting shall be designed to reflect away from any adjacent residential area. 2. Parking lot lighting facilities, if provided shall meet the requirement of Section 58, parking and loading area development standards. 3. No outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view in accordance with Section 50.B.3. 4. Due to the development nature of the Grapevine Vintage District, it is recognized that requiring wineries to have exterior fire resistant construction having at least 70 percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code may not allow for vintage type developments. Wineries proposed in the GV not meeting the 70 percent masonry requirement shall present an exterior wall plan to the Planning and Zoning Commission and the commission shall establish the amount of masonry required. N. 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 subsection G.3. shall be applicable to each lot or parcel of land within a planned commercial center. A minimum 15-foot side yard and a minimum 25-foot rear yard shall be required around the outside perimeter of the 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 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 25 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.) (Ord. No. 93-53, § 1, 10-19-93; Ord. No. 94-50, § 1A, 6-21-94; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. B), 4-17-01; Ord. No. 2009-04, § 1.B, 1-20-09; Ord. No. 2014-53, § 1, 8-19-14; Ord. No. 2015-009, § 1, 1-20- 15) Sec. 24. CN Neighborhood Commercial District Regulations. PURPOSE: The purpose of the CN 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. CN Districts are intended for retail commercial uses which have a neighborhood orientation and which supply 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. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 69 of 251 USES GENERALLY: In a CN 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. 2. Any use permitted in the P-O Professional office district provided that the total floor area devoted to office use does not exceed 30 percent of total floor area permitted on the lot. 3. Any use permitted in the LB Limited business district. 4. Day nursery and kindergarten. 5. Convenience stores. 6. Retail sales of previously used merchandise in an enclosed building provided the space does not exceed 3,000 square feet in area. B. Secondary uses: The following uses shall be permitted as secondary uses provided that such use shall be located not less than 20 feet from any street right-of-way. 1. Swimming pool no nearer than 120 feet to any residentially zoned district. 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 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 60 feet of a residentially zoned district shall be separated from said lot by a blind fence, berm, wall or landscaping at least six 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 42B of this ordinance. 2. Automotive parts and supplies 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 service station. 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 9,500 square feet. 10. Assisted living facilities. 11. Any use allowed within this district with drive-in or drive-through service. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 70 of 251 12. Inns. 13. Outside display and sales of merchandise. 14. Call centers. 15. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 16. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area. 17. Any use allowed within this district with outdoor speakers. D. Limitation on uses: 1. The CN 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 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 9,500 square feet. 2. The maximum size of any CN District shall not exceed 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. 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. Maximum density—The maximum density within a CN District shall not exceed a floor area ratio of 0.20. 2. Lot size—The minimum lot size in a CN Neighborhood Zoning District shall be 20,000 square feet. 3. Minimum open space—At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) Planned commercial centers permitted as a conditional use shall meet the requirements of Section 24.N.3. a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. District size—The minimum size of any CN Neighborhood Commercial Zoning District shall be one acre and the maximum size of any CN Neighborhood Zoning District shall not exceed 12 acres. 5. Maximum impervious surface—The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of 125 feet. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 71 of 251 2. Lot depth—Every lot shall have a minimum depth of not less than 150 feet. 3. Front yard—Every lot shall have a front yard of not less than 25 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structures, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yards—Every lot shall have two side yards, each of which shall be not less than ten feet in width. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 24.N.1. 5. Rear yard—Every lot shall have a rear yard of not less than 25 feet in depth. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 24.N.1. 6. Distance between buildings—The minimum distance between detached principal or secondary buildings on the same lot shall be not less than 20 feet. H. Buffer area regulations: Whenever a CN District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 24(M)4. and Section 53 of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half times the height of such building or structure. I. Height: 1. No principal structure shall be erected or altered to a height exceeding thirty (30) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1) floor level and twenty-five (25) feet in height. 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 and shall be landscaped in accordance with Section 53 of this ordinance. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 and Section 58 of this ordinance. M. Design requirements: The following design requirements shall apply in the CN District: 1. No outdside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever a CN District is adjacent to any residentially zoned district, a buffer strip, at least 20 feet in width shall be provided between the two districts. A wall, fence or berm shall be erected to effectively screen the CN District from the residential area. No streets, alley, vehicular storage or use shall be permitted in the required buffer strip. 5. The masonry requirements of Section 54 shall be met. 6. Additional buffering, screening, fencing and landscaping—The Planning and Zoning Commission may recommend and the City Council may require additional buffering, screening, fencing and landscaping requirements on any zone change, conditional use or special use case or concept plan in addition to or Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 72 of 251 in lieu of buffering, screening fencing or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. N. 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 24.G.3 shall be applicable to each lot or parcel of land within a planned commercial center. A minimum ten-foot side and a minimum 25-foot rear yard shall be required around the outside perimeter of the 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 the City Council in order to meet the provisions of Section 48. 3. Minimum open space requirements of planned commercial centers: At least 20 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 elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(A), 5-21-85; Ord. No. 87-40, § 1(B)—(D), 7-21-87; Ord. No. 87- 90, § 1(A), 12-15-87; Ord. No. 88-08, § 1, 1-19-88; Ord. No. 90-42, § 1(B), 7-17-90; Ord. No. 91-47, § 1A., B., 8-6-91; Ord. No. 92-75, § 1J., 11-17-92; Ord. No. 93-47, § 1(C), 8-16-93; Ord. No. 99-50, § 1A, 3-23-99; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. C), 4-17-01; Ord. No. 2001-90, § 1B, 11-20-01; Ord. No. 2002-56, § 1B, 7-16- 02; Ord. No. 2003-19, § 1B, 3-18-03; Ord. No. 2005-14, § 1A, 2-15-05; Ord. No. 2007-55, § 1.L, 9-18-07; Ord. No. 2008-34, § 1.C, 6-23-08; Ord. No. 2008-72, § 1A, 11-18-08; Ord. No. 2009-04, § 1.C, 1-20-09; Ord. No. 2011-27, § 1.G, 6-21-11) Sec. 25. CC Community Commercial District Regulations. PURPOSE: The CC 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 CC 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: 1. Any use permitted in a P-O Professional office district or CN 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. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 73 of 251 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 theatres, but excluding billiard parlors and arcades. 5. Taxi dispatch office. 6. Professional dry cleaning, pressing, dyeing and laundry services. 7. Reserved. 8. Nursery or greenhouse. 9. Radio and television broadcasting studios. 10. Department stores. 11. Furniture stores. B. Secondary uses: The following uses shall be permitted as secondary uses: 1. Private garage. 2. Swimming pool no nearer than 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 50 feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 5. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six 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 ministorage warehouses for storage purposes only. Caretaker or watchmen residential facilities having accommodations for and occupied by only one family may be permitted as a secondary use to public storage garages or mini-storage warehouses. No more than three 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 42B 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 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. 6. Boat sales. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 74 of 251 7. Automobile sales and service. 8. Building materials and supplies. 9. Garden supply stores. 10. Sign and sign painting shops. 11. Automobile 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.I., Section 53.H., Section 53.I. 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.I., Section 53.H., Section 53.I. and Section 60. 16. Restaurant with outside dining and/or drive through. 17. Hotels and motels. Hotels approved prior to January 18, 2005 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 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.B of the ordinance. 19. Structures in excess of 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. 21. Call centers. 22. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet. 23. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 24. Any use allowed within this district with outdoor speakers. 25. Master Site Development Plan. 26. Boutique hotel. 27. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation on uses: 1. Whenever the CC Community commercial district is utilized for hotel-motel office or hospital use, the minimum open space shall be increased to 30 percent of the total lot area. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 75 of 251 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 feet in height. 3. The minimum size of any CC District shall be five 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 CC District shall be 30,000 square feet and the minimum size of any CC District shall be five acres. 2. Minimum open space—At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) Planned commercial centers permitted as conditional uses shall meet the requirements of Section 25.N.3. a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 3. Maximum building coverage—The combined area occupied by all main and secondary structures shall not exceed 60 percent of the total lot area. 4. Maximum impervious surface—The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of 120 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 120 feet. 3. Front yard—Every lot shall have a front yard of not less than 25 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yards—Every lot shall have two side yards, each of which shall be not less than 20 feet in width. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 25.N.1. 5. Rear yard—Every lot shall have a rear yard of not less than 25 feet in depth except as specified below. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 25.N.1. Whenever a side or rear yard is adjacent to any residential area, the minimum side or rear yard, as the case may be, shall be increased to a distance equivalent to two times the height of the tallest building on the lot. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 76 of 251 6. Distance between buildings—The minimum distance between detached principal or secondary buildings on the same lot shall be not less than 40 feet. H. Buffer area regulations: Whenever a CC District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 53 and Section 25.M.4. of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to two times the height of any building or structure. I. Height: 1. No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located contiguous to an existing R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1) floor level and twenty-five (25) feet in height, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council. 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 and shall be landscaped in accordance with Section 53 of this ordinance. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. M. Design requirements: The following design requirements shall apply in the CC District: 1. Outside storage and refuse disposal shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever a CC Community commercial district is created adjacent to any residentially zoned district, a buffer strip, at least 20 feet in width shall be provided between the two districts. A wall, fence, or berm at least six feet high shall be erected to effectively screen the CC District from the residential area and no streets, alley, vehicular storage or use shall be permitted in the required buffer strip. 5. The masonry requirements of Section 54 shall be met. 6. Additional buffering, screening, fencing, and landscaping—The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 7. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: (a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. (b) On-site staff is required 24-hours a day, seven days a week. (c) A minimum room count of 200 rooms. (d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 77 of 251 (e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: (a) A full-service restaurant with full kitchen facilities and which provides services to the general public; (b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off-site to serve or foodservice options including the offering of prepared and packaged foods; (c) A minimum 4,000 square foot meeting or conference room space; (d) A full-service indoor gym exercise facility with fitness equipment; (e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; (f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and (g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc. N. 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 25.G.3 shall be applicable to each lot or parcel of land within a planned commercial center. A minimum 20-foot side and a minimum 25-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. Perimeter lots in a Planned Business Park shall have a minimum 20 feet of frontage on a public right-of way. Interior lots in a Planned Commercial Center that have no frontage on a public right-of-way must have a minimum 25-foot dedicated public access easement connecting to a public right-of-way. 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 20 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 secondary buildings on the same lot required by Section 25.G.6 may be modified if deemed necessary by City Council to accommodate for secondary structures. 5. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 78 of 251 O. Master Site Development Plan requirements: Each lot or parcel of land created within a Master Site Development Plan shall comply with the following requirements: 1. Purpose: The purpose of the Mater Site Development Plan is to encourage thoughtful, efficient, and purposeful utilization of land that promotes a mixture of uses that blends retail, commercial, office and/or residential functions whereby those functions are physically and functionally integrated, with appropriate vehicular and pedestrian connectivity. The Master Site Development Plan also allows the Planning and Zoning Commission and the City Council the ability to consider these multiple uses, including conditional uses, special uses, and planned development overlays upon one or more parcels of land, five acres in size or greater, through one application process. 2. Additional uses allowed: Given the elements that can be incorporated within a Master Site Development Plan in an effort to achieve a successful, multifaceted development, additional uses may be considered by the Planning and Zoning Commission and City Council that are not normally considered as individual elements allowed as permitted, conditional, or special uses within the zoning district. The following uses may be considered in conjunction with at least one other permitted or conditional use allowed in the "CC" Community Commercial District: (a) Any uses allowed within Section 16, "R-5.0" Zero Lot Line District (b) Any uses allowed within Section 17, "R-3.5" Two Family District (c) Any uses allowed within Section 18, "R-3.75" Three and Four Family District (d) Any uses allowed within Section 20, "R-TH" Townhouse District (e) Any uses allowed within Section 22, "R-MF" Multifamily District 3. Request for a Master Site Development Plan/application process: The procedure to follow to establish a Master Site Development Plan shall be the same process as that required to establish, amend, or alter a development as specified under Section 48, Conditional Uses. 4. Site plan requirements: No application for a building permit for construction of a principal building shall be approved without the following: (a) A Plat meeting all the requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant and/or Dallas Counties. (b) A site plan meeting the requirements of Section 47, Site Plan Review of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. Recognizing the scale and scope of a large multifaceted development has many components, each component, in an effort to provide clarity and ease of understanding, may consist of its own individual site plan as part of the overall Master Site Development Plan. Developments planned to be conducted in phases may submit a site plan as required per Section 47, Site Plan Review for the phase(s) of the project to be initially developed, along with a concept plan for the remaining phase(s); however, development of the remaining phases of the project shall require approval of a site plan in accordance with Section 47. (c) A Landscape Plan meeting the requirements of Section 53, Landscaping Regulations. 5. Master Site Development Plan design requirements: In addition to the requirements already established in Section 25, "CC" Community Commercial District, each lot or parcel of land created within a Master Site Development Plan shall also comply with the criteria established in paragraph N., Planned Commercial Center Design Requirements. For individual components of a Master Site Development Plan that have clearly defined boundaries between uses relative to Paragraph 2. above, the development criteria for that particular district shall apply. Created: 2023-01-30 19:37:20 [EST] (Supp. No. 50) Page 79 of 251 6. Period of validity: No Site Plan in conjunction with a Master Site Development Plan shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a Master Site Development Plan is contractual in nature and upon expiration of a Site Plan approved in conjunction with a Master Site Development Plan, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a Master Site Development Plan. All property that has received approval as part of a Master Site Development Plan shall be eligible for the provisions of this ordinance provided that the application for a Master Site Development Plan has not expired. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 86-53, § 1, 8-19-86; Ord. No. 87-40, § 1(E), 7-21-87; Ord. No. 87-78, § 1(B), (C), 11-17-87; Ord. No. 87-90, § 1(B), 12-15-87; Ord. No. 89-78, § 1(B), (C), 11-21- 89; Ord. No. 90-42, § 1(C), 7-17-90; Ord. No. 92-68, § 1, 10-20-92; Ord. No. 93-47, §1(D), 8-16-93; Ord. No. 93-53, § 2(B), 10-19-93; Ord. No. 95-12, § 1(B), 2-21-95; Ord. No. 95-81, § 1(B), 10-17-95; Ord. No. 96-97, § 1, 11-19-96; Ord. No. 97-32, § 1, 3-18-97; Ord. No. 98-154, § 1, 12-15-98; Ord. No. 99-04, § 1, 1-5-99; Ord. No. 99-50, § 1B, 3- 23-99; Ord. No. 2000-47, § 2, 4-18-00; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 99-50 (Corr.), § 2C, 10-3-00; Ord. No. 2001-34, § 1(Exh. D), 4-17-01; Ord. No. 2002-56, § 1C, 7-16-02; Ord. No. 2003-07, § 1A, 1-21-03; Ord. No. 2003- 71, § 1A, 10-21-03; Ord. No. 2004-87, §§ 1A—1C, 12-21-04; Ord. No. 2005-14, § 1B, 2-15-05; Ord. No. 2008-34, § 1.D, 6-23-08; Ord. No. 2008-72, §§ 1B, C, 11-18-08; Ord. No. 2009-04, § 1.D, 1-20-09; Ord. No. 2017-012, §§ 1A, B, 2-21-17; Ord. No. 2022-062, §§ 3, 4, 9-20-22) Sec. 26. HC Highway Commercial District Regulations. 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 "CC" Community Commercial District, except that there shall be no limitation size of planned shopping centers or total floor area. 3. Furniture or appliances, new and used within a completely enclosed building. 4. Mortuary and funeral homes. 6. Upholstery shops. 7. 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. 8. Pawn shops within a completely enclosed building. B. Secondary uses: The following uses shall be permitted as secondary uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 80 of 251 1. Secondary 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 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 60 feet of any residentially zoned district shall be separated from said lot by a blind fence or wall at least six feet high. 6. Other structures or uses which are customarily secondary 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.B. 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. 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. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 81 of 251 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. Commercial print center or newspaper establishments. 21. Hotels and motels. Hotels approved prior to January 18, 2005 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 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. 25. Call centers. 26. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 27. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area. 28. Any use allowed within this district with outdoor speakers. 29. Master Site Development Plan. 30. Boutique Hotel. 31. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation of uses: 1. Residential structures and uses are expressly prohibited in the HC Highway commercial district. Existing residentials may remain as nonconforming uses, but it is intended that new residential construction not be allowed in the district. 2. 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. (a) 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. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 82 of 251 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. (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. 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. Commercial print center or newspaper establishments. 10. Automotive state inspections facility. 11. Outside display and sales of merchandise. 12. Any use allowed within this district with outdoor speakers. (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. 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. Maximum density—The maximum density within an HC District shall not exceed a floor area ratio of 1.0. 2. Lot size—The minimum lot size in an HC District shall be not less than 5,000 square feet. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 83 of 251 3. Minimum open space—At least 15 percent of the total lot area shall be devoted to open space. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 26.N.3. a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. Provided, however, there shall be no open space required for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. 4. Maximum impervious surface—The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas shall not exceed 85 percent of the total lot area. Provided, however, there shall be no maximum impervious area requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of 50 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 100 feet. 3. Front yard—Every lot shall have a front yard of not less than 25 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area in accordance with Section 60. Front yards shall be landscaped with grass, shrubbery, vines or trees, and no part shall be paved or surfaced except for minimum access, driveways and sidewalks. Provided, however, the front yard setback for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street, shall be a minimum of ten feet and may be used for off- street parking, drives and sidewalks. The ten-foot front yard for this area shall not be used for any building, structure, fence, wall or storage area. 4. Side yards—No side yards are required, except that when property in an HC District abuts property of a district in which a side yard is required, a side yard of equivalent width shall be provided in the HC District. 5. Rear yard—A rear yard equivalent to the adjacent or contiguous district shall be provided. Provided, however, there shall be no rear yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of the adjacent or contiguous district in accordance with the provisions of Section 50 of this Ordinance. 6. Distance between buildings—The minimum distance between detached principal or secondary buildings on the same lot shall be not less than ten feet. H. Buffer area regulations: When an HC District abuts a Residential District, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50 of this Ordinance. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of building height or buffer yard in accordance with the provisions of Section 50 of this Ordinance. I. Height: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R-12.5, or R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20) feet in height, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 84 of 251 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 and shall be landscaped in accordance with Section 53 of this ordinance. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. M. Design requirements: The following design requirements shall apply in the HC District: 1. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever an HC Highway Commercial District is adjacent to any residentially zoned district, a buffer strip, at least twenty (20) feet in width shall be provided between the two (2) districts. A wall, fence, or berm shall be erected to effectively screen the HC District from the residential area and no streets, alley, vehicular storage area or use shall be permitted in the required buffer strip. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. 5. The masonry requirements of Section 54 shall be met. 6. All sales, display or outside storage areas shall be surfaced in accordance with Section 58 except those areas of nurseries and garden centers where living plants are located. 7. Storage areas for any product, excluding automobile and truck sales and leasing, shall be completely enclosed by a blind fence or wall at least seven feet high. No materials or products shall be stacked higher than one foot below the top of the fence or wall. 8. Additional buffering, screening, fencing, and landscaping—The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character or surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 9. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: (a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. (b) On-site staff is required 24-hours a day, seven days a week. (c) A minimum room count of 200 rooms. (d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. (e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 85 of 251 Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: (a) A full-service restaurant with full kitchen facilities and which provides services to the general public; (b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off-site to serve or foodservice options including the offering of prepared and packaged foods; (c) A minimum 4,000 square foot meeting or conference room space; (d) A full-service indoor gym exercise facility with fitness equipment; (e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; (f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and (g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc. N. 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 26.G.3. shall be applicable to each lot or parcel of land within a planned commercial center permitted. The minimum side and minimum rear yards as required in Section 26.G.4. and 26.G.5 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. Perimeter lots in a Planned Commercial Center shall have a minimum 20 feet of frontage on a public right-of way. Interior lots in a Planned Business Park that have no frontage on a public right-of-way must have a minimum 25-foot dedicated public access easement connecting to a public right-of-way. 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 15 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 elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. O. Master Site Development Plan requirements: Each lot or parcel of land created within a Master Site Development Plan shall comply with the following requirements: 1. Purpose: The purpose of the Mater Site Development Plan is to encourage thoughtful, efficient, and purposeful utilization of land that promotes a mixture of uses that blends retail, commercial, office and/or residential functions whereby those functions are physically and functionally integrated, with appropriate vehicular and pedestrian connectivity. The Master Site Development Plan also allows the Planning and Zoning Commission and the City Council the ability to consider these multiple uses, Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 86 of 251 including conditional uses, special uses, and planned development overlays upon one or more parcels of land, five acres in size or greater, through one application process. 2. Additional uses allowed: Given the elements that can be incorporated within a Master Site Development Plan in an effort to achieve a successful, multifaceted development, additional uses may be considered by the Planning and Zoning Commission and City Council that are not normally considered as individual elements allowed as permitted, conditional, or special uses within the zoning district. The following uses may be considered in conjunction with at least one other permitted or conditional use allowed in the "HC" Highway Commercial District: (a) Any uses allowed within Section 16, "R-5.0" Zero Lot Line District (b) Any uses allowed within Section 17, "R-3.5" Two Family District (c) Any uses allowed within Section 18, "R-3.75" Three and Four Family District (d) Any uses allowed within Section 20, "R-TH" Townhouse District (e) Any uses allowed within Section 22, "R-MF" Multifamily District 3. Request for a Master Site Development Plan/application process: The procedure to follow to establish a Master Site Development Plan shall be the same process as that required to establish, amend, or alter a development as specified under Section 48, Conditional Uses. 4. Site plan requirements: No application for a building permit for construction of a principal building shall be approved without the following: (a) A Plat meeting all the requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant and/or Dallas Counties. (b) A site plan meeting the requirements of Section 47, Site Plan Review of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. Recognizing the scale and scope of a large multifaceted development has many components, each component, in an effort to provide clarity and ease of understanding, may consist of its own individual site plan as part of the overall Master Site Development Plan. Developments planned to be conducted in phases may submit a site plan as required per Section 47, Site Plan Review for the phase(s) of the project to be initially developed, along with a concept plan for the remaining phase(s); however, development of the remaining phases of the project shall require approval of a site plan in accordance with Section 47. (c) A Landscape Plan meeting the requirements of Section 53, Landscaping Regulations. 5. Master Site Development Plan design requirements: In addition to the requirements already established in Section 26, "HC" Highway Commercial District, each lot or parcel of land created within a Master Site Development Plan shall also comply with the criteria established in paragraph N., Planned Commercial Center Design Requirements. For individual components of a Master Site Development Plan that have clearly defined boundaries between uses relative to Paragraph 2. above, the development criteria for that particular district shall apply. 6. Period of validity: No Site Plan in conjunction with a Master Site Development Plan shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a Master Site Development Plan is contractual in nature and upon expiration of a Site Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 87 of 251 Plan approved in conjunction with a Master Site Development Plan, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a Master Site Development Plan. All property that has received approval as part of a Master Site Development Plan shall be eligible for the provisions of this ordinance provided that the application for a Master Site Development Plan has not expired. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 85-38, § 1(A), 8-20-85; Ord. No. 86-19, § 1(A), 2-25-86; Ord. No. 86-46, § 1(A)—(D), 7-15-86; Ord. No. 87-40, § 1(H), (I), 7-21-87; Ord. No. 87-58, § 1(A), (B), 9-15-87; Ord. No. 87-78, § 1(D), (E), 11-17-87; Ord. No. 87-90, § 1(C), 12-15-87; Ord. No. 88-42, § 1(A), 6-7-88; Ord. No. 89-04, § 1(A), (B), 1-17-89; Ord. No. 90-42, § 1(A), § 1(D), (E), 7-17-90; Ord. No. 90-79, § 1B., 12-18-90; Ord. No. 91-71, § 1B., 9-17-91; Ord. No. 93-47, § 1(E), 8-16-93; Ord. No. 94-26, § 1, 3-22-94; Ord. No. 95-33, § 1A—C., 4-18- 95; Ord. No. 95-47, § 1A., B., 4-2-96; Ord. No. 97-119, § 1C, D, 10-21-97; Ord. No. 98-48, § 1A, 4-21-98; Ord. No. 99- 50, § 1C—F, 3-23-99; Ord. No. 2000-47, § 2, 4-18-00; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. E), 4-17-01; Ord. No. 2002-27, §§ 1L—1N, 3-19-02; Ord. No. 2002-56, § 1D, 7-16-02; Ord. No. 2003-71, § 1B, 10-21-03; Ord. 2004-71, § 1A, 10-19-04; Ord. No. 2004-87, §§ 1D, 1E, 12-21-04; Ord. No. 2005-14, §§ 1C, 1D, 2-15-05; Ord. No. 2007-55, § 1.M, 9-18-07; Ord. No. 2008-34, § 1.E, 6-23-08; Ord. No. 2008-72, § 1.E, F., 11-18-08; Ord. No. 2009- 04, § 1.E, F, 1-20-09; Ord. No. 2017-012, §§ 1C, D, 2-21-17; Ord. No. 2022-061, §§ 2—5, 9-20-22; Ord. No. 2022- 062, §§ 5, 6, 9-20-22) Editor's note(s)—Ord. No. 95-47, originally adopted on June 20, 1995, was corrected and replaced by Ord. No. 95- 47, adopted on April 2, 1996. Sec. 27. P-O Professional Office District Regulations. PURPOSE: The P-O Professional Office District is established to create a restrictive district for low intensity office or professional uses which may be located close to all types of residential uses, with appropriate buffers and landscaping so as not to create a blighting effect on adjacent residential areas. USES GENERALLY: In a P-O Professional office 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. Offices, including professional, business and administrative. 2. Financial institutions or banks. 3. Governmental office buildings and uses. 4. Pharmacies. 5. Medical offices, but not including laboratories for the manufacture of pharmaceutical or other products for general sale or distribution. 6. 7. 8. Reserved for future use. 9. Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing. 10. Permanent cosmetic application with approval of a tattoo studio license from the Texas Department of Health and licensure from the Texas Cosmetology Commission. B. Secondary uses: The following uses shall be permitted as secondary uses, provided that such use shall be located not less than 20 feet from any street right-of-way: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 88 of 251 1. 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. 2. Screened garbage storage on a concrete pad and no nearer than 50 feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 3. Parking of automobiles, provided that such facilities are within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six feet high. 4. Parking garage. 5. Signs advertising uses on the premises in accordance with Section 60 of this ordinance. C. Conditional uses: 1. Restaurants, including alcoholic beverage sales, provided a special permit is issued in accordance with Section 42.B. of the ordinance. Drive-through restaurants shall not be allowed. 2. Funeral homes and mortuaries. 3. Assisted living facilities. 4. Any use allowed within this district with drive-through service. 5. Planned Professional Office Centers. 6. Owner or caretaker residential facilities having accommodations for and occupied by only one family within a single professional office building. 7. Call centers. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 9. Any use allowed within this district with outdoor speakers. 10. Master Site Development Plan. D. Limitations on uses: 1. Professional offices shall not include animal grooming salons, dog kennels, funeral homes, veterinarian or veterinary hospitals. 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. Maximum density—The maximum density within an P-O District shall not exceed a floor area ratio of 1.0. 2. Minimum lot size—The minimum lot size in a P-O District shall be 10,000 square feet. Planned Professional Office Centers, approved as a conditional use permit, shall be a minimum of two acres. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 89 of 251 3. Minimum open space—At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. Maximum building coverage—The combined area occupied by all main and secondary structures shall not exceed 60 percent of the total lot area. 5. Maximum impervious surface—The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of 80 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 100 feet. 3. Front yard—Every lot shall have a front yard of not less than 25 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks. 4. Side yards—Every lot shall have two side yards, each of which shall be not less than ten feet in width. 5. Rear yard—Every lot shall have a rear yard of not less than 25 feet in depth. 6. Distance between buildings—The minimum distance between detached principal or secondary buildings on the same lot shall be not less than 20 feet. H. Buffer area regulations: Whenever a P-O District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 53 of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to two times the height of such building or structure or 25 feet, whichever is greater. I. Height: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty (30) feet. Principal structures located contiguous to a R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level and twenty (20) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use permit by the City Council. 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. Planned Professional Office Centers permitted as a conditional use shall meet the requirements of Section 27.N.3. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and Section 58 and shall be landscaped in accordance with Section 53 of this ordinance. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. M. Design requirements: The following design requirements shall apply in the P-O District: 1. No outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 90 of 251 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever a P-O District is adjacent to any residentially zoned district, a buffer strip, at least 20 feet in width shall be provided between the two districts. A wall, fence or berm shall be erected to effectively screen the P-O District from the residential area. 5. The masonry requirements of Section 54 shall be met. 6. Additional buffering, screening, fencing, and landscaping—The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use or special use case or concept plan in addition to or in lieu of screening for fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. N. Planned Professional Office Center design requirements: Each lot or parcel of land created within a Planned Professional Office Center shall comply with the following requirements: 1. Minimum yard requirements of Planned Professional Office Centers: The front yard requirements contained in Section 25.G.3. shall be applicable to each lot or parcel of land within a Planned Professional Office Center. A minimum 20-foot side and a minimum 25-foot rear yard shall be required around the outside perimeter of a Planned Professional Office 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. Perimeter lots in a Planned Professional Office Center shall have a minimum 20 feet of frontage on a public right-of way. Interior lots in a Planned Business Park that have no frontage on a public right-of-way must have a minimum 25-foot dedicated public access easement connecting to a public right-of-way. 2. Landscaping requirements of Planned Professional Office Centers: The minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Professional Office 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 Professional Office Centers: At least 20 percent of the total site area of the Planned Professional Office 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 Professional Office Centers: The minimum distance between principal or secondary buildings on the same lot required by Section 25.G.6 may be modified if deemed necessary by City Council to accommodate for secondary structures. 5. [Building elevations of proposed structures:] Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. O. Master Site Development Plan requirements: Each lot or parcel of land created within a Master Site Development Plan shall comply with the following requirements: 1. Purpose: The purpose of the Mater Site Development Plan is to encourage thoughtful, efficient, and purposeful utilization of land that promotes a mixture of uses that blends retail, commercial, office and/or residential functions whereby those functions are physically and functionally integrated, with Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 91 of 251 appropriate vehicular and pedestrian connectivity. The Master Site Development Plan also allows the Planning and Zoning Commission and the City Council the ability to consider these multiple uses, including conditional uses, special uses, and planned development overlays upon one or more parcels of land, five acres in size or greater, through one application process. 2. Additional uses allowed: Given the elements that can be incorporated within a Master Site Development Plan in an effort to achieve a successful, multifaceted development, additional uses may be considered by the Planning and Zoning Commission and City Council that are not normally considered as individual elements allowed as permitted, conditional, or special uses within the zoning district. The following uses may be considered in conjunction with at least one other permitted or conditional use allowed in the "PO" Professional Office District: (a) Any uses allowed within Section 16, "R-5.0" Zero Lot Line District (b) Any uses allowed within Section 17, "R-3.5" Two Family District (c) Any uses allowed within Section 18, "R-3.75" Three and Four Family District (d) Any uses allowed within Section 20, "R-TH" Townhouse District (e) Any uses allowed within Section 22, "R-MF" Multifamily District 3. Request for a Master Site Development Plan/application process: The procedure to follow to establish a Master Site Development Plan shall be the same process as that required to establish, amend, or alter a development as specified under Section 48, Conditional Uses. 4. Site plan requirements: No application for a building permit for construction of a principal building shall be approved without the following: (a) A Plat meeting all the requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant and/or Dallas Counties. (b) A site plan meeting the requirements of Section 47, Site Plan Review of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. Recognizing the scale and scope of a large multifaceted development has many components, each component, in an effort to provide clarity and ease of understanding, may consist of its own individual site plan as part of the overall Master Site Development Plan. Developments planned to be conducted in phases may submit a site plan as required per Section 47, Site Plan Review for the phase(s) of the project to be initially developed, along with a concept plan for the remaining phase(s); however, development of the remaining phases of the project shall require approval of a site plan in accordance with Section 47. (c) A Landscape Plan meeting the requirements of Section 53, Landscaping Regulations. 5. Master Site Development Plan design requirements: In addition to the requirements already established in Section 27, "PO" Professional Office District, each lot or parcel of land created within a Master Site Development Plan shall also comply with the criteria established in paragraph N., Planned Commercial Center Design Requirements. For individual components of a Master Site Development Plan that have clearly defined boundaries between uses relative to Paragraph 2. above, the development criteria for that particular district shall apply. 6. Period of validity: No Site Plan in conjunction with a Master Site Development Plan shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 92 of 251 an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a Master Site Development Plan is contractual in nature and upon expiration of a Site Plan approved in conjunction with a Master Site Development Plan, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a Master Site Development Plan. All property that has received approval as part of a Master Site Development Plan shall be eligible for the provisions of this ordinance provided that the application for a Master Site Development Plan has not expired. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 85-38, § 1(B), 8-20-85; Ord. No. 90-42, § 1(F), 7-17-90; Ord. No. 92-75, § 1K., 11-17-92; Ord. No. 93-47, § 1(E), 8-16-93; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. F), 4-17-01; Ord. No. 2001-90, § 1C, 11-20-01; Ord. No. 2002-34, § 1B, 4-16-02; Ord. No. 2002-56, § 1E, 7-16-02; Ord. No. 2002-100, §§ 1B—1E, 12-17-02; Ord. No. 2003-71, § 1C, 10-21-03; Ord. No. 2004- 87, § 1F, 12-21-04; Ord. No. 2007-55, § 1.N, 9-18-07; Ord. No. 2008-34, § 1.F, 6-23-08; Ord. No. 2008-72, §§ 1F, G, 11-18-08; Ord. No. 2009-04, § 1.G, 1-20-09; Ord. No. 2011-27, §§ 1.H, 6-21-11; Ord. No. 2014-36, § 1, 6-17-14; Ord. No. 2017-012, §§ 1E, F, 2-21-17) Sec. 28. CBD Central Business District Regulations. PURPOSE: The CBD Central Business District is designed to accommodate the types of business and commercial uses that have historically been located in the Grapevine Central Business area. USES GENERALLY: In a CBD Central Business 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. Personal service establishments including beauty and barbershops, cleaning, shoe repair, art and instructional studios, photography, and newsstands. 2. Pharmacies. 3. Offices, including professional, business, and administrative. 4. Governmental office buildings and uses. 5. Retail stores and sales, including antique, art supply, automotive accessories, sporting goods, business machine shops, clothing, dry goods, music, TV sales and repair, cards, home appliances, jewelry, leather goods and luggage, linens, fabrics and draperies, optical goods, wallpaper and paint, dairy supplies, carpeting, retail sales of previously used merchandise in an enclosed building provided the space does not exceed 3,000 square feet in area. 6. Furniture, including office furniture and equipment. 7. Clubs and lodges. 8. Museums. 9. Motion Picture theaters and opera houses. 10. Publicly operated parking facilities. 11. Outdoor sales of merchandise are prohibited during all sanctioned festivals, except the holder of a special permit issued by the City of Grapevine authorizing outdoor sales of merchandise. B. Secondary uses: The following uses shall be permitted as secondary uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 93 of 251 1. Uses normally incidental to the above permitted uses. 2. Off-street parking in conjunction with a permitted use. 3. Signs, in accordance with Section 60 of this ordinance. 4. Outside display of merchandise. a. All outside display of merchandise shall conform to the following guidelines: (1) All outside display will be limited to the normal business hours for the associated permitted and/or conditional use. (2) A minimum clear unobstructed width of 48-inches measured from the curb shall be maintained on the public right-of-way/sidewalk. (3) No outside display of merchandise shall be allowed during any city sponsored event or festival. (4) The city reserves the right to require the removal of any merchandise displayed outside on the public right-of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. C. Conditional use: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a conditional use permit is issued pursuant to Section 48 of the ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B of this ordinance. 2. Winery with alcoholic beverage sales, with, on-premise and off-premise consumption, provided a special permit is issued in accordance with Section 42.B. of the ordinance. 3. Wine tasting facility with alcoholic beverage sales with on-premise and off-premise consumption provided a special permit is issued in accordance with Section 42.B. of the ordinance. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. 4. 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. 5. Artisan studios for the creations of crafts, furniture, and arts which are handmade or handcrafted. 6. Restaurants, delicatessens, bakeries, and coffee shops including those with outside dining. 7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 square feet in area. 8. Any use allowed within this district with outdoor speakers. 9. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation of uses: No uses, other than uses existing at the date of this ordinance, which require extensive off-street parking, shall be permitted unless adequate off-street parking, consistent with Section 56 of this ordinance, is provided. 1. This limitation of use includes but is not limited to call centers. E. Plan requirements: Any new development in the CBD District shall require a site plan in accordance with the provisions of Section 47 of this ordinance. F. Density requirements: The following density requirements shall apply: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 94 of 251 1. Maximum density. The maximum density within the CBD District shall not exceed a floor area ratio of 3.0. 2. Lot size. Lots for any permitted use shall have a minimum area of fifteen hundred (1,500) square feet. 3. Minimum open space. None required. 4. Maximum building coverage. The combined area occupied by all main and secondary buildings and structures may cover one 100 percent of the total lot area. 5. Maximum impervious area. – The combined area occupied by all buildings, structures, off-street parking and paved areas may cover one 100 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width. Every lot shall have a minimum width not less than 20 feet. 2. Lot depth. Every lot shall have a minimum depth not less than seventy-five (75) feet. 3. Front yard. None required. 4. Side yard. None required. 5. Rear yard. None required. 6. Distance between buildings. None required. H. Buffer area regulations: None required. I. Height: (a) No principal structure shall be erected or altered to a height exceeding 30 feet. (b) No secondary structure shall be erected or altered to a height exceeding 30 feet. J. Landscaping requirements: None required for individual lots. K. Off-street parking and loading: Due to the development nature of the CBD, it is recognized that conventional off-street parking and loading for individual lots may be difficult to provide. Any new uses proposed in the CBD shall present a plan for parking to the Planning and Zoning Commission shall establish the amount and method of off-street parking to be provided for this district. L. Masonry requirements: The masonry requirements of Section 54 shall be met. M. Additional buffering, screening, fencing, and landscaping: The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 2(B), 5-21-85; Ord. No. 89-46, § 1(A), (B), 6-20-89; Ord. No. 92-26, § 1C., 5-19-92; Ord. No. 92-31, § 1, 6-16-92; Ord. No. 93-47, § 1(G), 8-16-93; Ord. No. 95-33, § 1D., 4-18-95; Ord. No. 95-47, § 1C., 4-2-96; Ord. No. 98-48, § 1B, 4-21-98; Ord. No. 98-132, § 1, 10-20-98; Ord. No. 2003-20, § 1A, 3- 18-03; Ord. No. 2004-25, § 1A, 3-23-04; Ord. No. 2008-07, § 1 (Exh. A), 1-15-08; Ord. No. 2008-34, § 1.G, 6-23-08; Ord. No. 2008-72, §§ 1H, I, 11-18-08; Ord. No. 2009-04, § 1.H, 1-20-09) Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 95 of 251 Sec. 28A. HGT Historic Grapevine Township District Regulations. PURPOSE: The HGT Historic Grapevine Township District is established to accommodate limited commercial and residential uses in the historically significant original township of Grapevine area which is approximately bounded by Northwest Highway, Ball Street, Cotton Belt Rail Road, Austin Street and Wood Street. The master plan designates portions of the original town of Grapevine as a special planning area to preserve the historical integrity and encourage a mixture of uses that reflect the spirit of the original township. The HGT District acknowledges the changing development trends and needs of this significant area while preserving its historic character. The limited commercial uses in the Historic Grapevine Township District are intended to allow the mixture of single-family residential uses with limitations of compatible non-residential uses permitted as a conditional use. USES GENERALLY: In a HGT Historic Grapevine Township 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. All permitted uses listed shall be within a completely enclosed building or structure. 1. Single-family residential. 2. Churches. B. Secondary uses: The following uses shall be permitted as secondary uses in a HGT Historic Grapevine Township District provided that none shall be a source of income to the owner or user of the principal structure. 1. Off-street parking in conjunction with any permitted use in this district. The off-street parking areas shall be separated from said lot by a blind fence or wall at least six feet high. The blind fence requirement may be waived by City Council after receiving a recommendation from the historic preservation commission. 2. Signs advertising uses on the premises, in accordance with Section 60 of this ordinance. *(Note: changes to Section 60 allow only ground signs)* 3. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 4. Outdoor refuse storage areas shall be landscaped and screened in accordance with Section 50.B.3. Outdoor refuse storage areas shall not be located between the front of the building and any right-of- way. 5. Living quarters in conjunction with uses permitted in Section 28A.A.and 28A.C. C. Conditional uses: The following uses may be permitted provided the building or structures approved with the conditional use permit are (1) historic building, defined by the National Register of Historic Places and/or the historic preservation commission as a “contributing” building or structure to the historic district, or (2) new or rehabilitated building that has been approved by the historic preservation commission as compatible with the historic district. These compatible buildings would not be contributing to the National Register district (because they are not “historic”) but they will be visually compatible with the neighborhood, provided they meet the provisions of, and a conditional use permit is issued pursuant to, Section 48 of the ordinance. 1. Bed and breakfast facility. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 96 of 251 2. Wine tasting facility with alcoholic beverage sales with on-premise and off-premise consumption provided a special permit is issued in accordance with Section 42.B. of the ordinance. All alcoholic beverage sales shall be consistent with Texas Alcoholic Beverage Code Section 1.01 et seq. 3. Any use allowed within this district with outdoor speakers. D. Limitation of uses: 1. All activities of permitted uses except automobile parking lots, shall be conducted entirely within a completely enclosed building. 2. The hours of operation for all uses provided for in Section 28A.C., with the exception of Section 28A.C.1., shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. E. Plan requirements: No application for a building permit for construction or alteration of a principal or secondary building or exterior alteration to a principal or secondary 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 concept plan meeting the requirements of Section 45 with a recommendation from the historic preservation commission. The commission may require additional criteria to ensure the historic integrity of the area. A floor plan indicating the maximum occupancy shall be required in conjunction with the concept plan. 3. A site plan meeting the requirements of Section 47 has been approved. Such site plan shall be approved by the historic preservation commission. The commission may require additional criteria to ensure the historic integrity of the area. A floor plan indicating the maximum occupancy shall be required in conjunction with the site plan. Building permit requests for alteration to a principal or secondary structure with no addition to the structure, requirements of Section 47.E.1.b.3. (14), (16)— (19) and (21)—(23) shall not be required. 4. A landscape plan is required of the required front yard setback, unless already in existence, except for single-family residences. F. Density requirements: The following bulk and intensity of use requirements shall apply. 1. Lot size: Subdividing an existing lot into two or more lots is not permitted except for the purpose of correcting the Tarrant Appraisal District maps on tracts that were noted as part of lots or tracts, or tracts that are unplatted. Any lot or tract platted shall be a minimum of 7,500 square feet except that a lot having less than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for permitted use or conditional use in the HGT District. No lot existing at the time of passage of this ordinance shall be reduced in area below 7,500 square feet. 2. Maximum district size: None required. 3. Minimum open space: The established front yard as determined by the existing structure or by adjacent development. 4. Maximum building coverage: None required. 5. Maximum impervious surface: None required. G. Area regulations: The following minimum standards shall be required: 1. Lot width: Every lot shall have a minimum width of 20 feet. 2. Lot depth: None required. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 97 of 251 3. Front yard: Every lot shall have a front yard setback as established by the existing building or by the adjacent development and shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines or trees, and no part shall be paved or surfaced except for minimum access, driveways, and sidewalks in accordance with Section 53 of this ordinance. 4. Side yards: Every lot shall have two side yards each of which shall not be less than six feet in width. For lots which are currently developed, the minimum side yard requirement will be equivalent to the side yard which is already established. 5. Rear yard: None required. 6. Distance between buildings: None required. H. Buffer area regulations: 1. Buffer and screening requirements: Whenever a HGT District abuts a residential district, a wall, fence, or berm at least six feet in height, shall be erected to effectively screen the HGT District from the residential area. The wall, fence or berm requirement may be waived by City Council after receiving a recommendation from the historic preservation commission. 2. Additional screening, fencing and landscaping: The Planning and Zoning Commission may recommend, and the City Council may require, additional buffering, screening, fencing and landscaping requirements on any zone change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing, or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property, and to further provide protection for the general health, welfare, and morals of the community in general. I. Height: 1. No principal structure shall be erected or altered to a height exceeding two stories or 35 feet. 2. No secondary structure shall be erected or altered to a height exceeding 15 feet. J. Landscaping requirements: The established front yard as determined by the existing development or by adjacent development shall be landscaped. K. Off-street parking and loading: Due to the development nature of the HGT District, it is recognized that conventional off-street parking, loading, and development standards required by Section 56, Section 57, and Section 58 of the Appendix D Zoning Ordinance for individual lots may be difficult to provide. Any new uses proposed in the HGT District may present a plan for a parking lot the Planning and Zoning Commission; and the Planning and Zoning Commission may establish different amounts and methods established in off-street parking to be provided for this district. L. Masonry requirements: None required. M. Design requirements: The following design requirements shall apply in the HGT District: 1. No outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped or screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 98 of 251 4. Driveways in the HGT District for both residential and non-residential uses shall be developed in accordance with the residential drive requirements of Chapter 20, Article III, Sidewalks and Driveways, of the Grapevine Code of Ordinances. (Ord. No. 98-41, § 1 (Exh. A), 3-23-98; Ord. No. 2009-04, § 1.I, 1-20-09) Sec. 29. HCO Hotel and Corporate Office District Regulations. PURPOSE: The HCO District is established to provide areas to accommodate hotel-motel development. These districts are also intended to encourage the location of planned office complexes and corporate office parks in the City of Grapevine. HCO Districts are intended to include extensive open space and landscaping and should be located in areas which can take advantage of the regional access provided by the freeway system and in reasonable proximity to the Dallas-Fort Worth Regional Airport. USES GENERALLY: In a HCO Hotel and Corporate Office 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. Reserved. 2. Financial institutions or banks 3. Offices for businesses and professional use. 4. Laboratories for scientific, educational and industrial research and development. 5. Medical and dental laboratories; hospitals and clinics. 6. Office and studio facilities for radio and television except for broadcasting towers. 7. Parks and playgrounds, publicly owned. 8. Golf courses, public and private. 9. Professional and business schools. 10. Private clubs, excluding alcoholic beverages. 11. Restaurants, excluding fast-food and drive-in facilities. 12. Planned retail development provided that said use is part of a mixed use development, located within a fully enclosed building and not more than 20 percent of the total acreage of the applicable HCO District is utilized for retail purposes. 13. Parking garages exceeding two stories. B. Secondary uses: The following uses shall be permitted as secondary uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: 1. Off-street parking and parking garages in conjunction with a permitted use not exceeding two stories in height. 2. Signs, advertising uses on the premises, in accordance with Section 60 of this ordinance. 3. Indoor and outdoor swimming pools. 4. Tennis courts, health clubs and related recreation facilities provided they are for the primary use of tenants, customers or persons associated with a principal use. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 99 of 251 C. Conditional uses: The following conditional uses may be permitted provided a conditional use permit is issued pursuant to Section 48, and the following minimum standards are met: 1. Educational institutions, public and private. 2. Regional trade center facilities including combined office-showrooms facilities, office-warehouse facilities and display area, provided that the following rations of office to other floor area are not exceeded: a. Office and showrooms: Not more than 60 percent of total floor area shall be devoted to showroom space. b. Office and warehouses: Not more than 50 percent of total floor area shall be devoted to warehouse space. c. Display or exhibit: Not more than 75 percent of total floor area shall be devoted to display or exhibit space. 3. Convenience stores, including gasoline service stations, prepared food carry-out service with alcoholic beverage sales of off-premise consumption of beer only, provided a special permit is issued in accordance with Section 42.B of the ordinance. 4. Alcoholic beverages, provided a special permit is issued in accordance with Section 42.B of this ordinance. 5. Planned commercial centers. 6. 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 use permit therefore has been granted pursuant to this ordinance. 7. Winery with alcoholic beverage sales with on-premise and off-premise consumption, provided a special permit is issued in accordance with Section 42.B of the ordinance. 8. Call centers. 9. Any use allowed within this district with outdoor speakers. 10. Master Site Development Plan. 11. Boutique Hotel. D. Limitation of uses: None specified. E. Plan requirements: 1. A site plan shall be required in accordance with the provisions of Section 47 of this ordinance. 2. A landscape plan, in accordance with Section 53 of this ordinance, shall be required. F. Density requirements: The following density requirements shall apply: 1. Maximum density—The maximum density within the HCO District shall not exceed a floor area ratio of 3.0. 2. Lot size—Lots of any permitted use shall have a minimum area of two acres except that planned HCO development on land parcels in excess of 50 acres may have a minimum lot size of 30,000 square feet provided the minimum open space requirements for the overall district are increased to 40 percent. The minimum lot sizes for banks, financial institutions, restaurants, and convenience stores, shall be reduced to 30,000 square feet provided all other district requirements are met. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 100 of 251 3. Minimum open space—At least 30 percent of the total lot area shall be devoted to open space. Minimum open space requirements may be calculated on the basis of the overall development including required buffer areas, provided that the minimum open space on any individual lot within the development is not less than 15 percent. Minimum open space areas may include plazas, paved recreation areas and similar urban open space. A. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. Maximum building coverage—The combined area occupied by all main and secondary structures shall not exceed 40 percent of the total lot area. In the event a planned development contains structured parking, the maximum coverage may be increased to 50 percent of the total lot area provided the minimum open space requirement is increased to 40 percent. 5. Maximum impervious area—The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 70 percent of the total lot area. Open space amenities such as sidewalks, paved recreational areas, plazas, and common open space areas may be excluded from impervious area calculations provided at least 40 percent of the total development area is devoted to minimum open space requirements. G. Area regulations: The following minimum standards shall be required for each lot within an HCO district: 1. Lot width—Every lot shall have a minimum width not less than 150 feet. 2. Lot depth—Every lot shall have a minimum depth not less than 200 feet. 3. Front yard—Every lot shall have a front yard of not less than 50 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yard—A minimum side yard of 15 feet or ten percent of the width of the lot, whichever is greater, but in no case more than 25 feet. 5. Rear yard—Every lot shall have a rear yard not less than 40 feet in depth. 6. Distance between buildings—The minimum distance between principal or secondary buildings on adjacent lots shall be not less than 20 feet or one-half the average height of the two adjacent buildings, whichever is greater. H. Buffer area regulations: Any development in an HCO District adjacent to a residential district shall maintain a 75-foot buffer adjacent to the residential district. Such buffer yards shall not contain buildings and structures, parking or loading areas and shall be landscaped with trees, shrubbery and grass. Whenever a buffer is required, no additional yard requirements shall apply. I. Height: 1. Height of principal buildings shall not exceed one-half the shortest distance between the structure and the nearest adjacent residential zoning district. 2. No secondary structure shall be erected or altered to a height exceeding 20 feet except for two-story parking garages. 3. All structures shall comply in all respects with the restrictions on height contained in the DFW International Airport Zoning Ordinance. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 101 of 251 K. Off-street Parking: Off-street parking shall be provided in accordance the provisions of Section 56 of this chapter. No off-street parking area shall be located closer than 50 feet to any residential district nor ten feet to any adjacent property line. For hotels in excess of 500 rooms with restaurants, clubs and conference facilities in excess of 100,000 square feet, any required or additional off-street parking may be provided on another lot or parcel of land. Said off-site parking must be a secondary use to a permitted principal use within the zoning district that contains the off-site parking. A site plan and a conditional use permit meeting all of the requirements of Section 48 shall be required. L. Off-street loading: Off-street loading shall be provided in accordance with Section 57 of this ordinance. M. Design requirements: The following design requirements shall apply in the HCO District: 1. No outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. The masonry requirements of Section 54 shall be met. 5. Whenever a concept plan is approved pursuant to Section 45 of this ordinance, the minimum landscaping requirements of Section 53.H.2.(b) shall be applicable around the outside perimeter of the subdivision. For interior lots of subdivisions with two or more lots, the minimum landscaping requirements of Section 53.H.2.(b) may be required, if deemed necessary by the City Council. 6. Additional buffering, screening, fencing, and landscaping—The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 7. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: (a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. (b) On-site staff is required 24-hours a day, seven days a week. (c) A minimum room count of 200 rooms. (d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. (e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: (a) A full-service restaurant with full kitchen facilities and which provides services to the general public; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 102 of 251 (b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off-site to serve or foodservice options including the offering of prepared and packaged foods; (c) A minimum 4,000 square foot meeting or conference room space; (d) A full-service indoor gym exercise facility with fitness equipment; (e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; (f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and (g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc. N. 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 25-foot side and a minimum 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 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 secondary buildings on the same lot required by Section 29.G.6 may be modified if deemed necessary by City Council to accommodate for secondary structures. 5. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. O. Master Site Development Plan requirements: Each lot or parcel of land created within a Master Site Development Plan shall comply with the following requirements: 1. Purpose: The purpose of the Mater Site Development Plan is to encourage thoughtful, efficient, and purposeful utilization of land that promotes a mixture of uses that blends retail, commercial, office and/or residential functions whereby those functions are physically and functionally integrated, with appropriate vehicular and pedestrian connectivity. The Master Site Development Plan also allows the Planning and Zoning Commission and the City Council the ability to consider these multiple uses, including conditional uses, special uses, and planned development overlays upon one or more parcels of land, five acres in size or greater, through one application process. 2. Additional uses allowed: Given the elements that can be incorporated within a Master Site Development Plan in an effort to achieve a successful, multifaceted development, additional uses may be considered by the Planning and Zoning Commission and City Council that are not normally Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 103 of 251 considered as individual elements allowed as permitted, conditional, or special uses within the zoning district. The following uses may be considered in conjunction with at least one other permitted or conditional use allowed in the "HO" Hotel and Corporate Office District: (a) Any uses allowed within Section 16, "R-5.0" Zero Lot Line District (b) Any uses allowed within Section 17, "R-3.5" Two Family DistricI(c) Any uses allowed within Section 18, "R-3.75" Three and Four Family District (d) Any uses allowed within Section 20, "R-TH" Townhouse District (e) Any uses allowed within Section 22, "R-MF" Multifamily District 3. Request for a Master Site Development Plan/application process: The procedure to follow to establish a Master Site Development Plan shall be the same process as that required to establish, amend, or alter a development as specified under Section 48, Conditional Uses. 4. Site plan requirements: No application for a building permit for construction of a principal building shall be approved without the following: (a) A Plat meeting all the requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant and/or Dallas Counties. (b) A site plan meeting the requirements of Section 47, Site Plan Review of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. Recognizing the scale and scope of a large multifaceted development has many components, each component, in an effort to provide clarity and ease of understanding, may consist of its own individual site plan as part of the overall Master Site Development Plan. Developments planned to be conducted in phases may submit a site plan as required per Section 47, Site Plan Review for the phase(s) of the project to be initially developed, along with a concept plan for the remaining phase(s); however, development of the remaining phases of the project shall require approval of a site plan in accordance with Section I47. (c) A Landscape Plan meeting the requirements of Section 53, Landscaping Regulations. 5. Master Site Development Plan design requirements: In addition to the requirements already established in S“ction 29, "HCO" Hotel and Corporate Office District, each lot or parcel of land created within a Master Site Development Plan shall also comply with the criteria established in paragraph N., Planned Commercial Center Design Requirements. For individual components of a Master Site Development Plan that have clearly defined boundaries between uses relative to Paragraph 2. above, the development criteria for that particular district shall apply. 6. Period of validity: No Site Plan in conjunction with a Master Site Development Plan shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a Master Site Development Plan is contractual in nature and upon expiration of a Site Plan approved in conjunction with a Master Site Development Plan, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a Master Site Development Plan. All property that has received approval as part of a Master Site Development Plan shall be eligible for the provisions of this ordinance provided that the application for a Master Site Development Plan has not expired. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 104 of 251 (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-55, § 1, 9-17-85; Ord. No. 90-79, § 1D.—G., 12-18-90; Ord. No. 92-32, § 1A., B., 6-16-92; Ord. No. 92-68, § 1, 10-20-92; Ord. No. 93-47, § 1(H), 8-16-93; Ord. No. 93-53, § 2(C), 10-19-93; Ord. No. 99-50, § 1G, H, 3-23-99; Ord. No. 99-170, § 1, 11-16-99; Ord. No. 2000-47, § 2, 4-18-00; Ord. No. 2001-34, § 1(Exh. G), 4-17-01; Ord. No. 2003-07, § 1B, 1-21-03; Ord. No. 2004-87, §§ 1G, 1H, 12-21-04; Ord. No. 2007-55, § 1.O, 9-18-07; Ord. No. 2008-34, § 1.H, 6-23-08; Ord. No. 2009-04, § 1.J, 1-20-09; Ord. No. 2017-012, §§ 1G, H, 2-21- 17; Ord. No. 2022-062, §§ 7, 8, 9-20-22) Sec. 30. RA Recreation/Amusement District Regulations. PURPOSE: The RA Recreation/Amusement District is established to provide locations for recreation and amusement uses representing various types of recreational activities. The purpose is to facilitate family entertainment and related uses while protecting adjacent residential areas. The RA Recreation/Amusement District eliminates the impact of entertainment uses by requiring screening and buffering adjacent to residential areas. USES GENERALLY: In a RA Recreation/Amusement District no land shall be used and no building shall be erected, or converted to any use other than as hereinafter provided. A. Permitted uses: The following uses shall be permitted as principal uses. 1. Amusement centers within an enclosed building. 2. Bowling centers. 3. Country clubs. 4. Golf courses, public and private 5. Outdoor commercial amusements including golf driving ranges, miniature golf, pitch and putt golf. 6. Health spas and physical fitness centers (massage establishments must meet the requirements of Section 49.B.5.) within an enclosed building. 7. Stables and/or riding clubs. 8. Art galleries and museums. 9. Parks, playgrounds, and recreational uses, publicly or privately owned. 10. Motion picture theaters and opera houses within an enclosed building. 11. Roller and inline skating rinks within an enclosed building. 12. Restaurants with inside dining. B. Secondary uses: The following uses shall be permitted as secondary uses: 1. Off-street parking in conjunction with any permitted use in this district. Provisions for the parking of automobiles provided that such provisions within 100 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall, berm and/or landscaping at least six feet high. 2. Signs advertising use on the premises, in accordance with Section 60 of this ordinance. 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 refuse and garbage storage on a concrete pad and located no closer than 100 feet to any residentially zoned district and not located between the front of the building and any right-of-way. All refuse and garbage storage shall be landscaped and screened in accordance with Section 50.B.3. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 105 of 251 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. Amphitheaters. 2. Amusement parks (indoor and outdoor operations). 3. Auto racing tracks. 4. Baseball stadiums. 5. Batting cages. 6. Conference/convention centers. 7. Go-cart tracks. 8. Horse racing tracks. 9. Planned commercial centers. 10. Private and public swimming pools. 11. Racquet and swim clubs. 12. Restaurants with drive through and/or outside dining. 13. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this ordinance. 14. Rodeo facilities. 15. Yacht clubs and/or marinas. 16. Zoos and zoological facilities. 17. Any recreational or amusement uses not included in any of the other commercial districts, whether indoor or outdoor, provided that all such uses are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise, or vibration shall be permitted, except when such is clearly incidental and subordinate to the conduct of the permitted use. 18. Health spas and physical fitness centers with outdoor activities. 19. Outdoor roller and inline skating rinks. 20. Any use allowed within this district with outdoor speakers. D. Limitation on uses: 1. Any proposed activity on Corps of Engineers property located in the RA Recreation/Amusement District must also meet the requirements of the U.S. Army Corps of Engineers. 2. Archery ranges. 3. Firearm ranges. E. Plan requirements: No application for a building permit for construction of a building or structure 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. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 106 of 251 F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Maximum density: No floor area ratio restriction. 2. Minimum lot size: The minimum lot size in a RA District shall be 8,000 square feet. 3. Minimum open space: At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, or vehicular use.) Planned commercial centers permitted as a conditional use shall meet the requirements of Section 30.N.3. a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. Maximum building coverage: The combined area occupied by all buildings and structures shall not exceed 60 percent of the total lot area. 5. Maximum impervious surface: The combined area occupied by all buildings and structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width: Every lot shall have a minimum width of not less than 80 feet. 2. Lot depth: Every lot shall have a minimum depth of not less than 100 feet. 3. Front yard: Every lot shall have a front yard of not less than 25 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yard: Every lot shall have two side yards, each of which shall be not less than ten feet in width. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 30.N.1. 5. Rear yard: Every lot shall have a rear yard of not less than ten feet in depth. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 30.N.1. 6. Distance between buildings: None required. 7. Buffer area: Additional buffer yard may be required to accommodate additional building or structure setbacks in Section 30.H. H. Buffer area regulations: Whenever a RA District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 and 30.M.5. of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance of 100 feet. Any use other than buffer area or off-street parking proposed to be located within the 100-foot buffer may be permitted as a conditional use meeting the requirements of Section 48. I. Height: 1. No building or structure shall be erected or altered to a height exceeding 35 feet. For buildings or structures exceeding 35 feet, a conditional use permit must be issued in accordance with Section 48 of this ordinance. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 107 of 251 K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this ordinance. No off-street parking shall be located closer than 25 feet to any residential district nor ten feet to any other adjacent property line. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 and Section 58 of this ordinance. M. Design requirements: The following design requirements shall apply to all the permitted, secondary and conditional uses: 1. No outside storage, except for refuse and garbage storage, shall be permitted. Refuse and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3. 2. Heating, ventilating, air conditioning and electrical equipment shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. Lighting provided within parking facilities shall meet the requirements of Section 58.E. 4. Masonry requirement: Due to the development nature of the RA Recreation/Amusement District, it is recognized that requiring all permitted and conditional uses in this district to comply with the requirements set forth in Section 54 may not allow for some amusement recreational type developments. Uses proposed in the RA District not meeting the masonry requirements set forth in Section 54 shall present an exterior wall plan to the Planning and Zoning Commission and the commission shall establish the amount of masonry required. 5. Additional buffering, screening, fencing, and landscaping. The Planning and Zoning Commission may recommend and the City Council may require additional buffering, screening, fencing and landscaping requirements on any zoning change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing, or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such protection for the general health, welfare and morals of the community in general. N. 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 requirement of planned commercial centers: The front yard requirements contained in Section 30.G.3. shall be applicable to each lot or parcel of land within a planned commercial center. A minimum ten-foot side yard and a minimum 25-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 20 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 uses). 4. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. (Ord. No. 95-12, § 1(D), 2-21-95; Ord. No. 2001-34, § 1(Exh. H), 4-17-01; Ord. No. 2009-04, § 1.K, 1-20-09) Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 108 of 251 Sec. 31. LI Light Industrial District Regulations. PURPOSE: The LI Light Industrial District is designed to accommodate light manufacturing, assembly, research and wholesale activities with limitations on outside storage. USES GENERALLY: In an LI Light Industrial District no land shall be used and no building or structure or part thereof, shall be erected, altered, or used, in whole or in part, for other than one or more of the following specified uses. All permitted uses listed shall be within a completely enclosed building or structure unless otherwise noted: A. Permitted uses: The following uses shall be permitted as principal uses. 1. Manufacturing, assembling or packaging of products from previously prepared materials. 2. Manufacturing and assembling of electronic components, precision instruments and devices. 3. Manufacturing of food products, pharmaceutical products and the like, except that such uses shall not include production of fish or meat products, sauerkraut, vinegar or the like; or the rendering or refining of fats and oils. 4. Other manufacturing, research, wholesale or storage uses, provided that such uses shall be contained within an enclosed building. 5. Commercial print center. 6. Service establishments catering to commerce and industry including linen supply, communication services, business machine services, canteen services, restaurants (including drive-in restaurants), hiring and union halls, employment agencies, sign companies, and similar uses. 7. Vocational, trade, technical, or industrial schools and similar activities. 8. Medical clinic, only in connection with industrial activity. 9. Construction trade offices. 10. Warehousing completely within an enclosed building. 11. Welding repair. 12. Retail establishments for carpet sales, farm supplies, lumber and building supplies, and similar uses. 13. Retail establishments with the repair of new and used cars, light trucks and vans, motorcycles, and boats. All vehicles must be in operating condition; and all open displays or storage areas must be surfaced and developed in accordance with all applicable ordinances of the city. 14. Retail establishments for the sale of new automotive parts and supplies.. 15. Building trades contractor within a completely enclosed building and no outside storage for materials and equipment. B. Secondary uses: The following uses shall be permitted as secondary uses. No secondary uses shall be allowed within the front yard: 1. 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. 2. Provisions for off-street parking of employee and customer motor vehicles within 60 feet of a residentially zoned district shall be screened in accordance with Section 50, Alternates A or E. 3. Screened refuse and garbage storage on a concrete pad, and located no closer than 50 feet to a residentially zoned district. All refuse and garbage storage shall be landscaped and screened in accordance with Section 50.B.3. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 109 of 251 4. Reserved. 5. Other uses, including retail sales and structures which are customarily secondary, clearly incidental and subordinate to the permitted and conditional uses; provided, however, that no residential facilities shall be permitted except for watchmen or caretakers whose employment requires residence on the premises. 6. Bulk storage of flammable liquids associated with a permitted use, subject to the provisions of city and/or state fire codes. 7. All other mechanical equipment shall be located within a completely enclosed building and shall meet the masonry requirements of Section 54. 8. Signs advertising use 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. Freight forwarding warehouses. 2. Bulk storage of flammable liquids not associated with a permitted use, subject to the provisions of city and/or state fire codes. 3. Railroad yards, areas for car storage, and switching facilities. 4. Outside storage in conjunction with permitted uses in Section 31.A. and conditional uses in Section 31.C., provided that such storage shall be screened in accordance with Section 50, Alternates A or E. 5. Central mixing plants for asphalt, concrete, or other paving materials (batching plant). 6. Automobile impound, salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screened in accordance with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A or E. 7. Convenience stores, including prepared food carry-out service with alcoholic beverage sales for off- premises consumption; provided a special permit is issued in accordance with Section 42.B. of this ordinance. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools but excluding correctional institutions and hospitals. 9. Any other manufacturing, warehousing, or wholesale uses, not provided for in Section 31.A., permitted uses; Section 31.C conditional uses; and not listed in Section 31.D., limitation of uses. 10. Animal kennels with indoor and outdoor runs. 11. Retail and repair establishments for the sale and repair of new and used heavy trucks, tractors, mobile homes, heavy machinery and equipment, farm equipment, and similar uses. 12. Construction trade offices with storage yards. 13. Miscellaneous outside land uses such as express offices, commercial parking lots and parking garages, truck stops, freight movers, motor bus, truck, train, or other transportation terminals and related uses. Outside uses associated with any of these uses shall be permitted, except for outside repair of mechanized equipment. 14. 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. 15. Automotive rental. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 110 of 251 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. 22. Planned industrial center. 23. Any use allowed within this district with outdoor speakers. 24. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation of uses: The following uses shall not be permitted within this District: 1. Dwelling units (including motels and hotels) except as provided under secondary uses; hospitals or clinics (except clinics in connection with industrial activity); skilled nursing facilities and similar uses; yards or lots for scrap or salvage operations or for processing, storage, display or sale of any scrap, salvage, or secondhand building materials and automotive vehicle parts. 2. Wrecking yards (including automotive vehicle wrecking yards) and junk yards. 3. Chemical and fertilizer manufacturing. 4. Explosives manufacturing or storage. 5. Paper and pulp manufacturing. 6. Petroleum refining. 7. Stockyards or feeding pens. 8. Animal slaughtering. 9. Tanning, curing or storage of raw hides. 10. Sawmills and wood planing. 11. Primary production or storage of wood, metal, or chemical products from raw materials. 12. Foundries, casting, or molding of metals. 13. Any other uses or structures not specifically, provisionally, or by reasonable implication permitted herein. 14. Any use not conforming to the performance standards set forth in Section 55 of this ordinance. 15. The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district. E. Plan requirements: No application for a building permit for construction of a building or structure 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. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 111 of 251 F. Density requirements: The following density requirements shall apply: 1. Minimum lot size—The minimum lot size in the LI Light Industrial District shall be 20,000 square feet. 2. Minimum open space—At least 15 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicle use.) a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 3. Maximum building coverage—The combined area occupied by all buildings and structures shall not exceed 50 percent of the total lot area. 4. Maximum impervious area—The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed 85 percent of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of not less than 100 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 150 feet. 3. Front yard—Every lot shall have a front yard of not less than 30 feet in depth which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall, parking or storage area, except that signs shall be permitted in this area. Front yards shall be landscaped with grass, shrubbery and trees; and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yard—Every lot shall have two side yards, each of which shall be not less than 15 feet in width. 5. Rear yard—Every lot shall have a rear yard of not less than 30 feet in depth. 6. Distance between buildings—The minimum distance between buildings or structures on adjacent lots shall be not less than 30 feet. H. Buffer area regulations: Whenever the LI Light Industrial District abuts a residentially zoned district, a landscaped buffer zone of not less than 25 feet in depth shall be provided from the lot line. No buildings or structures, parking, loading or storage shall occur in the buffer area and such area shall be landscaped to provide visual and acoustical privacy to adjacent property. Screening shall be provided in accordance with the provisions of Section 50 of this chapter. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half times the height of any building or structure. I. Height: No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located contiguous to an existing R-20, R-12.5 or R-7.5 Single Family District shall not exceed one (1) story and thirty-five (35) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use request by the City Council. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with Section 56 and 58 of this ordinance. L. Off-Street Loading: No off-street loading is required in the LI Light Industrial District. If off-street loading is desired, it shall be provided in accordance with the following provisions as well as the provisions of Section 57 and 58 of this ordinance. 1. Planter islands, nine (9) feet by eighteen (18) feet in dimension, shall be provided at the terminus of all rows of loading doors/loading spaces. Such islands shall be oriented perpendicular to the building and Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 112 of 251 shall contain at least two (2) evergreen trees. All planter islands shall comply with the requirements of Section 53.F and Section 53.G of this Zoning Ordinance. 2. For lots that abut a major or minor arterial street, as identified on the Thoroughfare Plan, no loading facilities shall directly face the street. A door is considered to be facing the street when it is at an angle of 45° or less in relation to the adjacent street. M. Masonry requirements: The masonry requirements of Section 54 shall be met for all buildings and structures. N. Additional buffering, screening, fencing and landscaping: The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. O. Outside storage uses established prior to February 21, 1995: Any use within the Light Industrial District with outside storage platted for record prior to February 21, 1995, shall be deemed a permitted use. However, no such building, structure or use shall be altered, changed or expanded unless a conditional use permit is issued pursuant to Section 48. P. Planned Industrial Center design requirements: Each lot or parcel of land created within a Planned Industrial Center shall comply with the following requirements: 1. Minimum yard requirements of Planned Industrial Centers: The front yard requirements contained in Section 31.G.3. shall be applicable to each lot or parcel of land within a Planned Industrial Center. A minimum 15-foot side and a minimum 30-foot rear yard shall be required around the outside perimeter of a Planned Industrial 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. Perimeter lots in a Planned Industrial Center shall have a minimum 20 feet of frontage on a public right-of-way. Interior lots in a Planned Industrial Center that have no frontage on a public right-of-way must have a minimum 25-foot dedicated public access easement connecting to a public right-of-way. 2. Landscaping requirements of Planned Industrial Centers: the minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Industrial 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 Industrial Centers: At least 15 percent of the total site area of the Planned Industrial 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 Industrial Centers: The minimum distance between principal or secondary buildings on the same lot required by Section 31.G.6 may be modified if deemed necessary by City Council to accommodate for secondary structures. The platting of property lines shall not place any existing building in violation of the building code of the City of Grapevine. Perpetual building separation easements may be approved by the Building Official to achieve equivalency to the requirements of the code. 5. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 87-27, § 1(C), 5-19-87; Ord. No. 88-56, § 1(C), (D), 8-16-88; Ord. No. 89-15, § 1, 2-21-89; Ord. No. 89-46, § 1(C), 6-20-89; Ord. No. 86-78, § 1(D)-(I), 11-21-89; Ord. No. 92-68, § 1, 10-20-92; Ord. No. 93-47, § 1(I), 8-16-93; Ord. No. 93-53, § 2(D), 10-19-93; Ord. No. 94-26, § 1, Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 113 of 251 3-22-94; Ord. No. 95-12, § 1(C), 2-21-95; Ord. No. 95-81, §1(C)—(E); 10-17-95; Ord. No. 99-50, § 1I, J, 3-23-99; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. I), 4-17-01; Ord. No. 2002-56, § 1F, 7-16-02; Ord. No. 2006- 44, § 1, 6-20-06; Ord. No. 2008-72, § 1J, 11-18-08; Ord. No. 2009-04, § 1.L, 1-20-09) Sec. 32. BP Business Park District Regulations. PURPOSE: The purpose of the BP Business Park District is to provide a unique zone incorporating commercial and industrial uses into one district with quality architectural and landscape design development standards. The BP Business Park District differs from other districts by allowing a mixture of compatible commercial and industrial land uses with limitation of associated outside uses. All business operations and activities within the BP Business Park District shall be conducted completely within an enclosed building, and in no instance shall any outside activity be permitted in this district, except for off- street parking or loading, refuse storage, drive-in or drive-through window at a financial institution or bank, restaurant, pharmacy or dry cleaning establishment, temporary outside display and sale of Christmas trees; with gasoline sales and outdoor dining approved as a conditional use. USES GENERALLY: In a BP Business Park District no land shall be used, and no building or structure shall be erected, altered, or converted to any use other than as hereinafter provided. All permitted uses listed shall be within a completely enclosed building or structure. A. Permitted uses: The following uses shall be permitted as principal uses. 1. Laboratories (scientific, medical, chemical), applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities. 2. Scientific or engineering school facilities or institutions. 3. Data processing. 4. Conference/convention centers. 5. Professional offices which include the following professional and semiprofessional occupations: accountants, attorneys, dentists, engineers, insurance agents, real estate agents, personal or family counselors, chiropractors, physical therapists, physicians, public secretaries, surgeons, or any other offices or professions which are of the same general character as the foregoing, but specifically excludes veterinarians, veterinary hospitals, animal grooming salons, dog kennels, add funeral homes. 6. Computer programming and other software services. 7. Engineering, architectural, and design services. 8. Processing or compounding of drugs and other medical and pharmaceutical products. 9. Manufacturing and assembling of electronic components, precision instruments and devices. 10. Office/showrooms. 11. Manufacturing, assembling or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones. 12. Commercial print center. 13. Vocational, trade, technical, or industrial schools. 14. Warehousing completely within an enclosed building, but specifically excluding mini-storage warehouses. 15. Reserved. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 114 of 251 16. Full service hotels/motels which includes dining rooms, personal service shops (i.e. beauty/barber shops, newsstands, retail and office space. 17. Restaurants with inside dining. 18. Health spas and physical fitness centers (massage establishments must meet the requirements of Section 49.B.5.). 19. Travel agencies. 20. Financial institutions or banks. 21. 22. Office supplies. 23. Parking garages. B. Secondary uses: The following uses shall be permitted as secondary uses: 1. Off-street parking in conjunction with any permitted use in this district. Provisions for the parking of automobiles, provided that such provisions within 100 feet of a residentially zoned district shall be separated from said lot by a blind masonry wall meeting the screening requirements of Section 50.C.1. 2. Signs advertising use on the premises, in accordance with Section 60 of this ordinance. 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 refuse and garbage storage on a concrete pad and located no closer than 50 feet to any residentially zoned district and not located between the front of the building and any right-of-way. All refuse disposal and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3. 5. All other mechanical equipment shall be located within a completely enclosed building and shall meet the masonry requirements of Section 32.M.4. 6. Retail sales, day care centers and personal services which are customarily secondary and clearly incidental and subordinate to office buildings. 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. Planned business parks in accordance with Section 32.N., planned business park provisions. 2. Alcoholic beverage sales, provided a special permit is issued in accordance with Section 42.B. of the ordinance. 3. Gasoline service stations and related convenience store and automated car washes. 4. Restaurants with outside dining. 5. Hotels and motels. Hotels approved prior to January 18, 2005 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 use permit therefore has been granted pursuant to this ordinance. 6. Indoor commercial amusements. 7. Call centers. 8. Any use allowed within this district with outdoor speakers. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 115 of 251 9. Master Site Development Plan. 10. Sale and Rental of Heavy Machinery and Equipment. 11. Boutique Hotel. 12. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation of uses: The following uses shall not be permitted within this district. 1. Any proposed use located in the BP Business Park District shall meet the requirements of Section 55, Performance Standards. 2. Uses listed in Section 31.D., LI Light Industrial District shall not be permitted within this district. 3. Freight forwarding. E. Plan requirements: No application for a building permit for construction of a building or structure 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. Minimum district size—The minimum district size of a BP Business Park District shall be five acres. 2. Minimum lot size—The minimum lot size in the BP Business Park District shall be 30,000 square feet. 3. Minimum open space—At least 20 percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) Planned Business Parks permitted as a conditional use shall meet the requirements of Section 32.N.3. The percentage of minimum open space may be reduced to a minimum of 15 percent of the total lot area, if the lot width at the platted front property line is a minimum of 150 feet wide and the depth of the entire front yard setback required in Section 32.G.3. is increased to 35 feet. a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. Maximum building coverage—The combined area occupied by all buildings and structures shall not exceed 60 percent of the total lot area. 5. Maximum impervious surface—The combined area occupied by all buildings and structures, parking, storage, loading and other paved areas shall not exceed 80 percent of the total lot area. The percentage of maximum impervious surface may be increased to a maximum of 85 percent of the total lot area if the requirements of Section 32.F.3. are met. G. Area regulations: The following minimum standards shall be required: 1. Lot width—Every lot shall have a minimum width of not less than 150 feet. 2. Lot depth—Every lot shall have a minimum depth of not less than 200 feet. 3. Front yard—Every lot shall have a front yard of not less than 30 feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 116 of 251 grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Side yard—Every lot shall have two side yards, each of which shall be not less than 15 feet in width. Planned business parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 5. Rear yard—Every lot shall have a rear yard of not less than 25 feet in depth. Planned business parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 6. Distance between buildings—None required. H. Buffer area regulations: Whenever a BP Business Park District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 and Section 32.M.5. of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance of 100 feet. Any use other than open space or off-street parking proposed to be located within the 100-foot buffer shall be permitted as a conditional use meeting the requirements of Section 48. I. Height: 1. No principal structure shall be erected or altered to a height exceeding fifty (50) feet. Principal structures located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level and twenty (20) feet in height, however an increase up to five (5) feet to the above stated height requirements may be granted upon approval of a conditional use request by the City Council. 2. For buildings or structures exceeding 50 feet, a conditional use permit must be obtained. In addition, the building height granted under a conditional use permit shall not exceed one-half the shortest distance between the structure and the nearest adjacent residentially zoned district. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this ordinance. In addition, the following shall be required: 1. No off-street parking area shall be located closer than 25 feet to any residentially zoned property nor ten feet to any adjacent property line. 2. Off-street parking for passenger vehicles wherever practical shall be separated from truck loading and maneuvering areas. L. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 and 58 of this Ordinance. If off-street loading is desired, it shall be provided in accordance with the following provisions as well as the provisions of Section 57 and 58 of this ordinance. 1. Planter islands, nine (9) feet by eighteen (18) feet in dimension, shall be provided at the terminus of all rows of loading doors/loading spaces. Such islands shall be oriented perpendicular to the building and shall contain at least two (2) evergreen trees. All planter islands shall comply with the requirements of Section 53.F and Section 53.G of this Zoning Ordinance. 2. For lots that abut a major or minor arterial street, as identified on the Thoroughfare Plan, no loading facilities shall directly face the street. A door is considered to be facing the street when it is at an angle of 45° or less in relation to the adjacent street. M. Design requirements: The following design requirements shall apply to all permitted, secondary and conditional uses. 1. No outside storage, except for refuse and garbage storage, shall be permitted; except for heavy machinery and equipment storage subject to and conditioned upon approval of a conditional use Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 117 of 251 permit pursuant to Section 48. Refuse and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3. 2. Heating, ventilating, air conditioning and electrical equipment, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public right-of-way. 3. Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. Lighting provided within parking facilities shall meet the requirements of Section 58.E. 4. Masonry requirement—Due to the development nature of the BP Business Park District, it is recognized that all uses in this district shall have exterior fire-resistant construction having 100 percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry, or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code which may not allow for some business park type developments. 5. Additional buffering, screening, fencing, and landscaping—The Planning and Zoning Commission may recommend and the City Council may require additional buffering, screening, fencing and landscaping requirements on any zoning change, conditional use or special use case or concept plan in addition to or in lieu of buffering, screening, fencing, or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such protection for the general health, welfare and morals of the community in general. 6. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: (a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. (b) On-site staff is required 24-hours a day, seven days a week. (c) A minimum room count of 200 rooms. (d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. (e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: (a) A full-service restaurant with full kitchen facilities and which provides services to the general public; (b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off-site to serve or foodservice options including the offering of prepared and packaged foods; (c) A minimum 4,000 square foot meeting or conference room space; (d) A full-service indoor gym exercise facility with fitness equipment; (e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; (f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 118 of 251 (g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc. 7. The sale and rental of heavy machinery and equipment is required to meet the following standards unless varied through approval of a conditional use permit pursuant to Section 48: (a) Outside storage for the purposes of display, sale, rental, and outside storage of heavy machinery and equipment shall be restricted to no more than 30% of the total lot area or an area of common development clearly delineated on the property's approved site plan. (b) Display, sale, rental, and storage of heavy machinery and equipment shall not be a standalone use or occur without a primary structure on a property. (c) The placement or storage of heavy machinery and equipment shall take place behind the front building line of the primary structure on the property. (d) The placement or storage of heavy machinery and equipment shall be screened from adjacent properties consistent with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A and C, however, screening shall be required adjacent to rights-of-way, including alleys, with a minimum 6-foot-tall opaque decorative screen wall of masonry construction materials. (e) The placement or storage of heavy machinery and equipment is prohibited immediately adjacent to residential uses or residential zoning districts unless separated by a public right-of-way. (f) Repair and maintenance must occur within a fully enclosed building and be consistent with Section 55. N. Planned business park provisions: Each lot or parcel of land created within a Planned Business Park shall comply with the following requirements: 1. Minimum yard requirement of planned business park provisions—The front yard requirements contained in Section 32.G.3. shall be applicable to each lot or parcel of land within a Planned Business Park. A minimum 15-foot side yard and a minimum 25-foot rear yard shall be required around the outside perimeter of a Planned Business Park. 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. Perimeter lots in a Planned Business Park shall have a minimum 20 feet of frontage on a public right-of way. Interior lots in a Planned Business Park that have no frontage on a public right-of-way must have a minimum 25-foot dedicated public access easement connecting to a public right-of-way. 2. Landscaping requirements of planned business parks—The minimum landscaping requirements of Section 53.H.2.b. shall be applicable around the outside perimeter of a planned business park. 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 business parks—At least 20 percent of the total site area of the Planned Business Park shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular uses.) The percentage of minimum open space may be reduced to 15 percent of the total lot area when the 35-foot front yard requirement is met in Section 32.F.3. 4. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. O. Master Site Development Plan requirements: Each lot or parcel of land created within a Master Site Development Plan shall comply with the following requirements: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 119 of 251 1. Purpose: The purpose of the Mater Site Development Plan is to encourage thoughtful, efficient, and purposeful utilization of land that promotes a mixture of uses that blends retail, commercial, office and/or residential functions whereby those functions are physically and functionally integrated, with appropriate vehicular and pedestrian connectivity. The Master Site Development Plan also allows the Planning and Zoning Commission and the City Council the ability to consider these multiple uses, including conditional uses, special uses, and planned development overlays upon one or more parcels of land, five acres in size or greater, through one application process. 2. Additional uses allowed: Given the elements that can be incorporated within a Master Site Development Plan in an effort to achieve a successful, multifaceted development, additional uses may be considered by the Planning and Zoning Commission and City Council that are not normally considered as individual elements allowed as permitted, conditional, or special uses within the zoning district. The following uses may be considered in conjunction with at least one other permitted or conditional use allowed in the "BP" Business Park District: (a) Any uses allowed within Section 16, "R-5.0" Zero Lot Line District (b) Any uses allowed within Section 17, "R-3.5" Two Family District (c) Any uses allowed within Section 18, "R-3.75" Three and Four Family District (d) Any uses allowed within Section 20, "R-TH" Townhouse District (e) Any uses allowed within Section 22, "R-MF" Multifamily District 3. Request for a Master Site Development Plan/application process: The procedure to follow to establish a Master Site Development Plan shall be the same process as that required to establish, amend, or alter a development as specified under Section 48, Conditional Uses. 4. Site plan requirements: No application for a building permit for construction of a principal building shall be approved without the following: (a) A Plat meeting all the requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant and/or Dallas Counties. (b) A site plan meeting the requirements of Section 47, Site Plan Review of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. Recognizing the scale and scope of a large multifaceted development has many components, each component, in an effort to provide clarity and ease of understanding, may consist of its own individual site plan as part of the overall Master Site Development Plan. Developments planned to be conducted in phases may submit a site plan as required per Section 47, Site Plan Review for the phase(s) of the project to be initially developed, along with a concept plan for the remaining phase(s); however, development of the remaining phases of the project shall require approval of a site plan in accordance with Section 47. (c) A Landscape Plan meeting the requirements of Section 53, Landscaping Regulations. 5. Master Site Development Plan design requirements: In addition to the requirements already established in Section 32, "BP" Business Park District, each lot or parcel of land created within a Master Site Development Plan shall also comply with the criteria established in paragraph N., Planned Commercial Center Design Requirements. For individual components of a Master Site Development Plan that have clearly defined boundaries between uses relative to Paragraph 2. above, the development criteria for that particular district shall apply. 6. Period of validity: No Site Plan in conjunction with a Master Site Development Plan shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 120 of 251 started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a Master Site Development Plan is contractual in nature and upon expiration of a Site Plan approved in conjunction with a Master Site Development Plan, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a Master Site Development Plan. All property that has received approval as part of a Master Site Development Plan shall be eligible for the provisions of this ordinance provided that the application for a Master Site Development Plan has not expired. (Ord. No. 95-12, § 1(L), 2-21-95; Ord. No. 2000-47, § 2, 4-18-00; Ord. No. 2000-76, § 2, 7-18-00; Ord. No. 2001-34, § 1(Exh. J), 4-17-01; Ord. No. 2002-56, § 1G, 7-16-02; Ord. No. 2003-71, § 1D, 10-21-03; Ord. No. 2004-42, § 1A, 6- 15-04; Ord. No. 2004-87, § 1I, 1J, 12-21-04; Ord. No. 2008-34, § 1.I, 6-23-08; Ord. No. 2009-04, § 1.M, 1-20-09; Ord. No. 2017-012, §§ 1I, J, 2-21-17; Ord. No. 2022-042, §§ 2—4, 7-19-22; Ord. No. 2022-062, §§ 9, 10, 9-20-22) Sec. 33. Reserved. Sec. 34. PRD-6 Planned Residential Low Density District Regulations. A. Preamble. The PRD-6 District is designed to accommodate low density residential development in accordance with the comprehensive master plan. The district provides for two methods of development: 1. Standard development permits single-family detached residential use at densities not exceeding four dwelling units per gross acre subject to the same restrictions as apply in the R-7.5 District. 2. Planned development is an optional form of development which may be permitted provided an applicant submits and the City Council approves a master development plan for the property. In a planned development, mixed residential uses are permitted provided the predominant portion of the land is developed with single-family detached residences and the overall density does not exceed six dwellings units per acre. B. Purpose. The purpose of the standard form of development in the PRD-6 District is to permit an owner, as a matter of right, to develop detached single-family on lots not less than 7,500 square feet in area. The purpose of the optional planned development method is to promote flexibility in design and planned diversification in the type and location of structures; to promote the efficient use of land by more economic arrangement of buildings, circulation systems, land use and utilities; to preserve to the greatest extent possible usable open space recreation facilities and community facility areas, existing landscape features and natural site conditions; to combine and coordinate architectural styles, building forms and building relationship and to assure a quality of construction commensurate with surrounding residential development. C. Intent. The PRD-6 District is designed to provide for development as a matter of right in conformity with the regulations and restrictions in the R-7.5 Single-family residential district, or, alternatively, to provide for development with a variety of housing types at a density not exceeding six dwelling units per acre in conformity with a master development plan, approved by the City Council pursuant to Section 46 of this ordinance and the standards and restrictions in this Section 34. For this reason, the proposed inclusion of a mixture of types of dwelling units in a PRD-6 planned development shall not be a ground for disapproval of a proposed master development plan. The PRD-6 District is not intended to provide an alternative set of development regulations that may, through the rezoning process, be used interchangeably with the R-7.5, R- 12.5 nor R-20 District regulations. The PRD-6 District is specifically designed and intended to provide a more Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 121 of 251 flexible classification, with a broader range of development options, for those properties on which greater residential densities were permitted under the 1970 and 1982 Zoning Ordinances of the city, as amended from time to time, but on which the permitted residential densities must be reduced so the zoning restrictions will be in conformity with the recommendation in the comprehensive master plan. The PRD-6 regulations are designed to expand the uses to which property that would otherwise have been restrictively reclassified in the R-7.5 zone may be devoted and thus enhance the range of economically viable uses for such parcels of land. The PRD-6 regulations are not intended to be used to supplant the regulations for the R- 20, R-12.5, and R-7.5 Districts, and the PRD-6 regulations shall not be used as a substitute for such classifications on property that has previously been so classified. Nor are the PRD-6 regulations intended to be employed as a means for creating standard, grid subdivisions of lots that are smaller than 7,500 square feet. The PRD-6 regulations are intended to encourage imaginative and aesthetically pleasing development designs utilizing smaller lots. To that end, the PRD-6 regulations are designed to encourage the clustering of single-family lots that are smaller than 7,500 square feet and the incorporation of land that would otherwise be devoted to private yards in passive and active common open space. D. Standard development option. Any use permitted in the R-7.5 Single-family residential district shall be permitted as a matter of right within the PRD-6 District. In the event the standard development option is chosen by the landowner, all development shall be regulated by the criteria established in Section 15 for the R-7.5 Single-family residential district. E. Planned development option. Upon approval of a master development plan in accordance with Section 46 of this ordinance and in compliance with the following development standards, the City Council may authorize an applicant to utilize the planned development option within the PRD-6 District. 1. Conditions for application and approval: The following conditions and procedures shall govern the application for, and approval of, a planned development within the PRD-6 District. No building permits or other development approval shall be issued for any development activity except for standard development permitted under Section 34.D of this ordinance, until the following conditions have been satisfied: (a) Ownership: An application for approval of a master development plan, under the planned development option, may be filed by a person having a legal interest in the property to be included in the master development plan. For the purpose of this Section 34 and Section 46 of this ordinance the person filing such an application shall be known as "the applicant." In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval of the plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The master development plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. (b) Approval of master development plan required: Under no circumstances shall an applicant be granted development approval under the planned development option until a master development plan is approved by the City Council in accordance with the provisions of Section 34 and 46 of this ordinance. (c) Site plan required: No building permit shall be issued for any development under the planned development option until a site plan, consistent with the approved master development plan, is approved in accordance with provisions of Section 47 of this ordinance. (d) Minimum parcel size: A master development plan shall not be approved unless the site contains not less than 25 contiguous acres of gross area. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 122 of 251 (e) Minimum amount of single-family detached residential development: No master development plan shall be approved for the PRD-6 District unless at least 60 percent of the total land area within the development is to be developed with single-family detached dwellings. (f) Upon the conveyance of any part or all of the property within a planned development the seller shall provide the buyer with a copy of the approved master development plan and of any restrictions or conditions related to that plan. 2. Permitted uses: No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, under the planned development option, for other than one or more of the following uses: (a) In the single-family areas, any permitted use in the R-20, R-12.5 and R-7.5 Single-family residential districts. The maximum density of single-family detached residences shall be four dwelling units per acre, provided, however, that the maximum density in single-family areas may be increased to six dwelling units per acre if the smaller single-family lots thereby required are clustered in a fashion that preserves as common space an area that is at least equal to the product of 7,500 square feet minus the average single-family lot size multiplied by the number of single-family lots in the proposed development. (b) In the multiple-family areas, any permitted use in the R-3.5, R-3.75, R-TH, RMF-1 and RMF-2 Residential Districts subject to all requirements and/or regulations in those respective districts and to the limitations contained in Sections 34.E.1(e) and 34.E.9. 3. Secondary uses: Any secondary use permitted within the R-7.5 District for single-family dwellings and any secondary use permitted within the RMF-2 District or duplexes, quadplexes, townhouses or apartments shall be permitted as secondary uses to single-and multiple-family principal uses, respectively, provided that no such secondary use shall be a source of income to the owner or occupant of the principal use. 4. Maximum density: The maximum residential density shall not exceed six dwelling units per gross acre. 5. Open space: Open space, recreation areas and landscaping are deemed to be an essential component of any approved planned development within the PRD-6 District and shall be provided in accordance with the following standards: (a) Minimum open space area: Not less than 40 percent of the total gross area of the planned development shall be devoted to open space, including private yards or individual lots. Open space shall not include areas covered by dwelling units, secondary buildings, parking areas, driveways, and internal streets, or any part of an individual lot on which a building, or part thereof, could lawfully be erected. (b) Usable common open space: Not less than 25 percent of the minimum open space area shall be devoted to planned and permanent usable common open space. The amount and general location of the amount of common open space shall be shown on the master development plan. The exact delineation and nature of the common open space may be deferred until an application is filed for approval of a site plan. (c) Maintenance: No master development plan shall be approved unless the applicant has submitted an appropriate legal instrument which makes provision for the permanent preservation of all common open space areas, recreational facilities and communally owned land. Such instrument shall be approved by the city attorney as to legal form and effect and the Planning and Zoning Commission as to the suitability of the proposed use of common open space areas. Common open space may be dedicated to the city, if the city agrees to accept such dedication, or may be deeded to a homeowners' or condominium association, or to a trustee for the use and benefit of the owners and residents in the development. If common open space is to be Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 123 of 251 maintained and/or deeded to a homeowners' or condominium association, or a trustee, no site plan shall be approved until the applicant for site plan approval shall have filed a declaration of the covenants and restrictions that will govern the association or trustee. Such declarations may, but need not, be filed prior to final approval of the master development plan. The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' or condominium association or trust prior to the sale of any part of the property; that open space restrictions and maintenance must be permanent; that the association or trustee shall be responsible for liability insurance, taxes, and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved master development plan and any restrictions or conditions related to that plan. The single-family residence portions of a site included in a master development plan need not be subject to such covenants and restrictions unless the common open space is provided and maintained for the benefit of the owners and occupants of the single-family residences. In lieu of forming a homeowners' or condominium association, the applicant may satisfy the requirements of this subsection by providing for the ownership and maintenance of common areas and facilities to be vested in a funded community trust. 6. Landscaping: Landscaping shall be required in accordance with the provisions of Section 53 of this ordinance. A statement with respect to the general landscaping arrangement that is contemplated for the site shall be submitted as part of the master development plan application. A detailed landscaping plan, showing spacing, sizes and specific types of landscape material, shall be submitted as part of the application for site plan review, except that a landscaping plan shall not be required for detached single-family lots. 7. Maximum building coverage: The combined area occupied by all main and secondary buildings and structures shall not exceed 45 percent of the total site area. 8. Maximum impervious surface: The combined area occupied by all buildings, structures, off-street parking and paved areas (except public streets and right-of-ways) shall not exceed 60 percent of the total site area. 9. Perimeter buffer: No master development plan shall be approved for property that is adjacent to or across a street from property that is zoned for, or developed with, single-family residences unless a perimeter buffer is established by one of the following methods: (a) Within 250 feet of the exterior perimeter of that portion of the planned development that is adjacent to or across a street from property zoned for or developed with single-family dwellings, the use, setback, height, yard and lot coverage requirements shall be at least as restrictive as the R-7.5 Single-family residential district; or (b) A landscaped buffer area, not less than 100 feet in width, shall be created along the exterior perimeter of that portion of the planned development adjacent to or facing single-family uses or zoning. Such buffer area shall not contain buildings, structures or parking and shall be designed, landscaped, and, if necessary, bermed to provide reasonable visual and acoustical privacy for adjacent single-family development. 10. Height: The heights of the buildings within a planned development shall not exceed the maximum height that would be permitted for such buildings in the most restrictive zoning district in which the building would be permitted as a matter of right. Multiple-family dwelling units that abut a portion of a planned development that is developed with single-family detached dwellings shall not exceed the height of the existing, abutting single-family dwellings. 11. Area regulations: Any part of a planned development that is devoted to single-family detached residence uses shall comply with all of the regulations and requirements for the most restrictive district Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 124 of 251 in which the lot or lots would also comply with the minimum lot area requirements, except that in a single-family area in a planned development residential lots may be clustered so as to create usable common open space in reasonable proximity to all single-family lots, and providing the following conditions are met: (a) The maximum gross density for the single-family area shall not exceed six dwelling units per acre. (b) Minimum lots sizes shall not be less than 500 square feet. (c) Those areas within 250 feet of R-7.5, R-12.5 or R-20 SF districts shall be developed to the same development standards as are required in the R.7-5 district. All other residential buildings shall comply with the minimum yard, lot width, and lot depth requirements in the most restrictive zoning district in which such buildings would otherwise be permitted by this ordinance; provided, however, that the minimum yard requirements, and lot width and depth requirements within the portions of a planned development that are not to be developed with single-family detached dwellings may be waived by the Planning and Zoning Commission, except for those areas adjacent to or facing existing or zoned single-family residential areas, as required by Section 34.E.9(a) upon finding that: (a) The minimum distance between buildings is not less than 20 feet, except for zero lot line development; (b) The development plan shall provide reasonable visual and acoustical privacy for residential dwelling units; and (c) The proposed lot dimensions are generally consistent with the limitations set out in other residential zoning classifications for areas of similar density and use. (d) The maximum number of dwelling units within the multiple-family area shall not exceed the following number of dwelling units per acre: (1) Duplexes8 d.u./acre (2) Fourplexes10 d.u./acre (3) Town houses9 d.u./acre (4) Apartments20 d.u./acre (e) All buildings shall be set back at least 15 feet from any parking lot or driveway. 12. Traffic circulation: The traffic circulation element of a planned development shall conform to the following standards: (a) Principal vehicular access points shall be designed to permit efficient traffic flow with controlled turning movements and minimum hazard to vehicular and pedestrian traffic. (b) Minor or local streets within the planned development shall not be connected to external streets in such a way to encourage through traffic. (c) Access from individual lots to collector or arterial streets, or to major thoroughfares, shall be prohibited. (d) All planned developments shall have access to a collector or arterial street, as defined in the comprehensive master plan. 13. Masonry requirements. Masonry requirements shall be met as provided in Section 54 of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 125 of 251 F. Off-street parking. Off-street parking shall be provided for each use in accordance with the provisions of Section 56 of this ordinance for such use in the most restrictive zoning district in which it would be a permitted use. G. Off-street loading. No off-street loading is required in the PRD-6 District. H. Masonry requirements: The masonry requirements of Section 54 shall be met. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85) Sec. 35. PRD-12 Planned Residential Medium Density District Regulations. A. Preamble. The PRD-12 District is designed to accommodate medium density residential development in accordance with the comprehensive master plan. The district provides for two methods of development: 1. Standard development permits single-family, duplex, triplex, quadplex and townhouse residential use at densities not exceeding nine dwelling units per gross acre subject, respectively, to the same restrictions as apply in the R-7.5, R-3.5, R-3.75 and R-TH Districts. 2. Planned development is an optional form of development which may be permitted provided an applicant submits and the City Council approves a master development plan for the property. In a planned development, mixed residential uses are permitted, including single-family detached residences, duplexes, triplexes, quadplexes, townhouses, and apartments provided the overall density does not exceed 12 dwelling units per acre. B. Purpose. The purpose of the standard form of development in the PRD-12 District is to permit an owner, as a matter of right, to develop those uses permitted in the single-family residence districts and the R-3.5, R-3.75, and R-TH Residential Districts in accordance with the development standards in those respective districts. The purpose of the optional planned development method is to promote flexibility in design and planned diversification in the type and location of structures; to promote the efficient use of land by more economic arrangement of buildings, circulation systems, land use and utilities; to preserve to the greatest extent possible usable space recreation facilities and community facility areas, existing landscape features and natural site conditions; to combine and coordinate architectural styles, building forms and building relationship and to assure a quality of construction commensurate with surrounding residential development. C. Intent. The PRD-12 District is specifically designed to provide for development as a matter of right, in conformity with the regulations and restrictions of the single-family residence district and of the R-3.5, R- 3.75 and R-TH Residence Districts. It is also intended, subject to submission and approval of the master development plan pursuant to Section 46 of the ordinance that this district be utilized to implement planned and mixed residential development at densities not to exceed 12 dwelling units per gross acre. For this reason, the proposed inclusion of a mixture of types of dwelling units in a PRD-12 planned development shall not be a ground for disapproval of a proposed master development plan. The PRD-12 District is not intended for application to any area of Grapevine that is designated as low density residential on the future land use map of the comprehensive master plan and shall be restricted to those areas of the city which are designated as medium or high density residential on the future land use map of the comprehensive master plan. The PRD-12 District is specifically designed to apply to those properties which were classified as high density, multifamily in the 1970 and 1982 Zoning Ordinances of the city, as amended from time to time, on which the permitted densities have been reduced to medium density residential by the comprehensive master plan. D. Standard development option. Any use permitted in the R-20, R-12.5, R-7.5, R-3.5, R-3.75, and R-TH, Residential Districts shall be permitted as a matter of right within the PRD-12 District. In the event the Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 126 of 251 standard development option is chosen by the landowner, all development shall be regulated by the criteria established in the respective zoning districts in which the proposed development would be a permitted use. E. Planned development option. Upon approval of a master development plan in accordance with Section 46 of this ordinance and in compliance with the following development standards, the City Council may authorize an applicant to utilize the planned development option within the PRD-12 District. 1. Conditions for application and approval: The following conditions and procedures shall govern the application for, and approval of, a planned development within the PRD-12 District. No building permits or other development approval shall be issued for any development activity except for standard development permitted under Section 35.D of this ordinance, until the following conditions have been satisfied: (a) Ownership: An application for approval of a master development plan, under the planned development option, may be filed by a person having a legal interest in the property to be included in the master development plan. For the purposes of this Section 35 and Section 46 of this ordinance the person filing such an application shall be known as "the applicant." In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval of the plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The master development plan shall be filed in the name(s) of the record owner(s) of the property which shall be included in the application. (b) Approval of master development plan required: Under no circumstances shall an applicant be granted development approval under the planned development option until a master development plan is approved by the City Council in accordance with the provisions of Sections 35 and 46 of this ordinance. (c) Site plan required: No building permit shall be issued for any development under the planned development option until a site plan, consistent with the approved master development plan, is approved in accordance with the provisions of Section 47 of this ordinance. (d) Minimum parcel size: A master development plan shall not be approved unless the site contains not less than 15 contiguous acres of gross area. (e) Upon the conveyance of any part or all of the property within a planned development, the seller shall provide the buyer with a copy of the approved master development plan and of any restrictions or conditions related to that plan by the developer. 2. Permitted uses: No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, under the planned development option, for other than one or more of the following uses: (a) Any permitted use in the R-20, R-12.5, and R-7.5 Residential Districts, subject to all requirements and/or regulations of those respective districts. (b) Any permitted use in the R-3.5, R-3.75, R-TH, RMF-1 and RMF-2 Residential Districts, subject to all requirements and/or regulations of those respective districts and subject to the limitations in Sections 35.E.1(e) and 35.E.9. (c) Commercial uses permitted in the CN Neighborhood Commercial District provided: (1) The planned development contains 200 dwelling units or more; (2) The total amount of commercial floor area does not exceed 30 square feet for each approved dwelling unit; (3) The total acreage devoted to commercial use does not exceed four acres; and Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 127 of 251 (4) Fifty percent or more of the total dwelling units are constructed prior to approval of a site plan and the issuance of building permits for the commercial development. Whenever commercial development, consistent with the above limitations, occurs within a PRD- 12 District, such development shall comply with the standards of the CN Neighborhood commercial district. 3. Secondary uses: Any secondary use permitted within the R-3.5, R-3.75, R-TH, RMF-1, and RMF-2 Districts shall be permitted as secondary uses to a principal use provided that no such secondary use shall be a source of income to the owner or occupant of the principal use. 4. Maximum density: The maximum residential density shall not exceed 12 dwelling units per gross acre. 5. Open space: Open space, recreation areas and landscaping are deemed to be an essential component of any approved planned development within the PRD-12 District and shall be provided in accordance with the following standards: (a) Minimum open space area: Not less than 40 percent of the total gross area of the planned development shall be devoted to open space, including private yards on individual lots. Open space shall not include areas covered by dwelling units, secondary buildings, parking areas, driveways, and internal streets, or any part of an individual lot on which a building, or part thereof, could lawfully be erected. (b) Common open space: Not less than 25 percent of the minimum open space area shall be devoted to planned and permanent usable common open space. The amount and general location of the amount of common open space shall be shown on the master development plan. The exact delineation and nature of the common open space may be deferred until an application is filed for approval of a site plan. (c) Maintenance: No master development plan shall be approved unless the applicant has submitted an appropriate legal instrument which makes provision for the permanent preservation of all common open space areas, recreational facilities and communally owned land. Such instrument shall be approved by the city attorney as to legal form and effect and the Planning and Zoning Commission as to the suitability of the proposed use of common open space areas. Common open space may be dedicated to the city, if the city agrees to accept such dedication, or may be deeded to a homeowners' or condominium association, or to a trustee for the use and benefit of the owners and residents in the development. If common open space is to be maintained and or deeded to a homeowners' or condominium association, or a trustee, no site plan shall be approved until the applicant for a site plan approval shall have filed a declaration of the covenants and restrictions that will govern the association or trustee. Such declarations may, but need not, be filed prior to final approval of the master development plan. The covenants and restriction when submitted, shall provide for establishment of the homeowners' or condominium association or trust prior to the sale of any part of the property; that open space restrictions and maintenance must be permanent; that the association or trustee shall be responsible for liability insurance, taxes, and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved master development plan and any restrictions or conditions related to that plan. The single-family residence portions of a site included in a master development plan need not be subject to such covenants and restrictions unless the common open space is provided and maintained for the benefit of the owners and occupants of the single- family residences. In lieu of forming a homeowners' or condominium association, the applicant may satisfy the requirements of this subsection by providing for the ownership and maintenance of common areas and facilities to be vested in a funded community trust. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 128 of 251 6. Landscaping: Landscaping shall be required in accordance with the provisions of Section 53 of this ordinance. A statement with respect to the general landscaping arrangement that is contemplated for the site shall be submitted as part of the master development plan application. A detailed landscaping plan, showing spacing, sizes and specific types of landscape material, shall be submitted as part of the application for site plan review, except that a landscaping plan shall not be required for single-family lots. 7. Maximum building coverage: The combined area occupied by all main and secondary buildings and structures shall not exceed 35 percent of the total site area. 8. Maximum impervious surface: The combined area occupied by all buildings, structures, off-street parking and paved areas (except public streets and right-of-ways) shall not exceed 60 percent of the total site area. 9. Perimeter buffer: No master development plan shall be approved for property that is adjacent to or across a street from property that is zoned for, or developed with, single-family residences unless a perimeter buffer is established by one of the following methods: (a) Within 250 feet of the exterior perimeter of that portion of the planned development that is adjacent to or across a street from property zoned for, or developed with, single-family dwelling, the use, setback, height, yard and lot coverage requirements shall be at least as restrictive as the R-7.5 Single-family residential district; or (b) A landscaped buffer area, not less than 100 feet in width, shall be created along the exterior perimeter of that portion of the planned development adjacent to or facing single-family uses or zoning. Such buffer area shall not contain buildings, structures or parking and shall be designed, landscaped, and, if necessary, bermed to provide reasonable visual and acoustical privacy for adjacent single-family development. 10. Height: The heights of the buildings within a planned development shall not exceed the maximum height that would be permitted for such buildings in the most restrictive zoning district in which the building would be permitted as a matter of right. Multiple-family dwelling units that abut a portion of a planned development that is developed with single-family detached dwellings shall not exceed the height of the existing abutting single-family dwellings. 11. Area regulations: Any part of a planned development that is devoted to single-family residence uses shall comply with all of the regulations and requirements for the most restrictive district in which the lot or lots would also comply with the minimum lot area requirements, except that in a single-family area in a planned development residential lots may be clustered so as to create usable common open space in reasonable proximity to all single-family lots, and provided the following conditions are met: (a) The maximum gross density for the single-family area should not exceed six dwelling units per acre; (b) Minimum lot sizes shall not be less than 5,000 square feet; and (c) Those areas within 250 feet of an R-7.5, R-12.5, or R-20 single-family district shall be developed to the same standards as are required in the R-7.5 District. All other residential buildings shall comply with the minimum yard, lot width, and lot depth requirements in the most restrictive zoning district in which such buildings would otherwise be permitted by this ordinance; provided, however, minimum yard requirements and lot width and depth requirements within a planned development may be waived by the Planning and Zoning Commission, except for those areas adjacent to or facing existing or zoned single-family residential areas, as required by Section 34.E.9(a) upon finding that: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 129 of 251 (a) The minimum distance between buildings is not less than 20 feet; except for zero lot line development; (b) The development plan shall provide reasonable visual and acoustical privacy for residential dwelling units; and (c) The proposed lot dimensions are generally consistent with the limitations set out in other residential zoning classifications for areas of similar density and use. (d) The maximum number of dwelling units within the multiple-family area shall not exceed 16 dwelling units per acre. 12. Traffic circulation: The traffic circulation element of a planned development shall conform to the following standards: (a) Principal vehicular access points shall be designed to permit efficient traffic flow with controlled turning movements and minimum hazard to vehicular and pedestrian traffic; (b) Minor local streets within the planned development shall not be connected to external streets in such a way to encourage through traffic. (c) Direct driveway access from individual residential lots to collector or arterial streets, or to major thoroughfares, shall be prohibited. (d) All planned developments shall have access to a collector or arterial street, as defined in the comprehensive master plan. 13. Masonry requirements. Masonry requirements shall be met as provided in Section 54 of this ordinance. F. Off-street parking. Off-street parking shall be provided for each use in accordance with the provisions of Section 56 of this ordinance or such use in the most restrictive zoning district in which it would be a permitted use. G. Off-street loading. No off-street loading is required in the PRD-12 District except in conjunction with any commercial use that may be included. H. Masonry requirements: The masonry requirements of Section 54 shall be met. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85) Sec. 36. PCD Planned Commerce Development District Regulations. A. Preamble: The Planned Commerce Development (PCD) District is designed to accommodate commercial, noise-proof industrial and commercial and low intensity office-commercial development in accordance with the comprehensive master plan. The district provides for two methods of development: 1. Standard development permits commercial development subject to the same restrictions as apply in the CC Community Commercial District on tracts of at least two acres in size, and hotel development exceeding 500 guest rooms subject to the same restrictions as apply in the HCO Hotel/Corporate Office District and hotel development of 500 guest rooms or less approved pursuant to a conditional use permit subject to the same restrictions as apply in the HCO Hotel/Corporate Office District and any additional restrictions included in the conditional use permit. In the event of a conflict between the HCO requirements and the requirements included in the conditional use permit the requirements in the conditional use permit shall prevail. Due to the unique development requirements of hotels exceeding 500 rooms, it is generally recognized that the requirements established in Section 60, Sign standards may be difficult to provide. The Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 130 of 251 Planning and Zoning Commission may recommend and the City Council may approve a request to vary from the standards established in Section 60 when appropriate. 2. Planned development is an optional form of development which may be permitted provided an applicant submits and the City Council approves a master development plan for the property. In a planned commercial development, mixed commercial developments are permitted. B. Purpose: The purpose of the standard form of development in the PCD District is to permit an owner, as a matter of right, to develop retail space and commercial uses on lots not less than two acres in area. The purpose of the optional planned development method, within the PCD District, is to provide a method for the coordination of retail, office, hotel, commercial, and similar uses in a parklike setting. Approval of the planned development option will provide a mechanism to achieve development which will contribute to the diversification of the city's economic base in a manner consistent with the comprehensive master plan. The purpose of the PCD District is to provide a unique new zone for the coordination of industrial, retail, office, commercial, and government uses in a parklike setting. These regulations are also designed to facilitate a mix of land uses not provided for in other zoning districts. It is intended that these regulations protect adjacent development from adverse impacts, associated with economic development, and promote efficient and economic land use. The district requirements achieve this through physical design standards characterized by: a landscaped setting, extensive open space, low ground coverage of buildings, and coordinated design elements. Master development plan and site plan approval is required for this district. Development intensity will be limited to a floor area ratio of 1.5. C. Intent: The PCD District is designed to provide for retail, commercial and office development, as a matter of right, for those uses permitted in the PO, CC, CN, and HCO Districts, or alternatively, to provide for development with a variety of employment generating uses in conformity with a master development plan, approved by the City Council pursuant to Section 46 of this ordinance and the standards and restrictions in this Section 36. The PCD District is primarily designed and intended to apply to those areas of the city which are located within Airport Noise Zones B or C and are designated for industrial, noiseproof, industrial- commercial and low intensity office-commercial on the future land use plan for the City of Grapevine. It is the intent, under the planned development option, to allow a variety of employment opportunities, consistent with the airport noise overlay standards, to occur in a single stage or in approved development phases provided these development stages or phases are consistent with an approved master development plan. D. Standard development option: Any use permitted in the PO, CC, CN, or HCO Districts shall be permitted as a matter of right within a PCD District. In the event the standard development option is chosen by the landowner, all development shall be regulated by the criteria established in the most restrictive zoning district in which the particular use would be permitted, provided, however, that each such use shall be located on a lot not less than two acres in size. E. Planned development option: Upon approval of a master development plan in accordance with Section 46 of this ordinance and in compliance with the following development standards, the City Council may authorize an applicant to utilize the planned development option within the PCD District. 1. Conditions for application and approval: The following conditions and procedures shall govern the application for, and approval of, a planned development within the PCD District. No building permits or other development approval shall be issued for any development activity except for standard development permitted under Section 36.D of this ordinance, until the following conditions have been satisfied: (a) Ownership: An application for approval of a master development plan, under the planned development option, may be filed by a person having a legal interest in the property to be included in the master development plan. In order to ensure unified planning and development Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 131 of 251 of the property, the applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval of the plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The master development plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. (b) Approval of master development plan required: Under no circumstances shall an applicant be granted development approval under the planned development option until a master development plan is approved by the City Council in accordance with the provisions of Sections 36 and 46 of this ordinance. (c) Site plan required: No building permit shall be issued for any development under the planned development option until a site plan, consistent with the approved master development plan, is approved in accordance with the provisions of Section 47 of this ordinance. (d) Minimum parcel size: A master development plan shall not be approved unless the total site contains not less than 25 contiguous acres of gross area, provided, however, the Planning and Zoning Commission may recommend and the City Council may approve a PCD master development plan for a site containing less than 25 acres if they find that unusual or unique characteristics of the site or its vicinity make development pursuant to a master development plan advisable and if the proposed development of the site is consistent with the purpose and intent of this section. (e) Conformance with the comprehensive master plan: All development activity and proposed land uses within the PCD District shall be consistent with the goals, objectives and policies of the comprehensive master plan and any area proposed for a PCD District shall be substantially within the area shown on the future land use map as being located within Airport Noise Zones B and C. (f) Perimeter buffer yard: Each PCD District shall, as part of the approved master development plan, provide a perimeter buffer yard in conformance with Section 36.4(j) of this ordinance. (g) Each property owner who initially purchases property within a PCD District shall be provided with a copy of the approved master development plan and any restrictions or conditions related to that plan by the developer. (h) All industrial development activity shall be capable of conforming to the performance standards established in Section 55 of this ordinance. 2. Permitted uses: The PCD District is intended to accommodate mixed use commercial development where the various land uses and development components are physically and functionally integrated. Permitted uses are intended to incorporate community and regional commercial activities; professional and corporate office development; hotel and motel uses; light manufacturing and research. To provide for compatible land use associations, specific permitted uses within the PCD District are categorized among four land use groups, which may be permitted in certain locations consistent with a master development plan, shall generally direct the following land use groups in subsections 2(a) through 2(b) below, to particular areas of the site. Whenever an area is indicated for a particular land use group, the other use groups may be integrated into this area provided that the primary use so designated shall occupy a minimum of 75 percent of that land area. No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, under the planned development option for other than one or more of the following uses: (a) Any use permitted in the CN Commercial neighborhood and CC Community commercial districts (Group 1). Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 132 of 251 (b) Any use permitted in the HCO Hotel corporate office district (Group 2). (c) Any use permitted in the PO Professional office district (Group 3). (d) The following uses that are permitted in the LI Light industrial district shall be permitted provided that such uses do not occupy more than 15 percent of the total site area within the PCD District and such uses conform to the performance standards established in Section 55 of this ordinance (Group 4). (1) Manufacturing, assembly or packaging of products from previous prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones. (2) Manufacture of electric and electronic instruments and devices, such as televisions, radio and phonograph equipment. (3) Manufacture of food products, pharmaceutical products and the like, except that such uses shall not include production of fish, or meat products, sauerkraut, vinegar or the like, or the rendering or refining of fats and oils. (4) Experimental and testing laboratories. (5) Research and development activities. 3. Secondary uses: Any secondary use permitted within the HCO, PO and CC Districts shall be permitted as secondary uses to a principal use provided that no such secondary use shall be a source of income to the owner or occupant of the principal use. 4. Lot, area and density regulations: Each lot or parcel of land created within an approved PCD District shall comply with the following requirements: (a) Minimum size: Each lot created within a PCD District shall have minimum land area of at least 20,000 square feet provided that the average of all lots or parcels of land created within the total PCD Districts shall have an average lot size of at least one-half acre. (b) Minimum lot frontage: Each lot or parcel of land shall have minimum frontage of 100 feet on an approved public or private street. Whenever a lot or parcel of land fronts on a cul-de-sac or similar street curve with extraordinary features, the minimum lot frontage may be reduced to 50 feet provided that any building or structure created on said reduced lot frontage shall have a minimum width of 100 feet at the front building setback line. (c) Maximum density: The maximum lot coverage by principal buildings and other structures shall not exceed the following percentages of the lot area for each land use group provided that the development meets all buffer yards, open space and setback requirements. Group 1—Commercial uses: 50 percent Group 2—Hotel-corporate office: 40 percent Group 3—Professional office: 30 percent Group 4—Light industrial use: 50 percent (d) Minimum open space lots: All lots created within a PCD District shall maintain a minimum open space area equal to 30 percent of the total lot area. No building, structure, secondary use, parking or loading area or storage areas shall be included in the calculation of the minimum open space area. Landscaping of these areas shall be in accordance with Section 53 of this ordinance. 1. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 133 of 251 (e) Distance between buildings: No two buildings on the same parcel may be located closer to one another than a distance equal to the height of the lower building. (f) Maximum impervious area: The maximum impervious area of any lot created within the PCD District shall not exceed 75 percent of the total lot area. The cumulative impervious area for the entire PCD District shall not exceed 70 percent. (g) Minimum yard requirements: Each lot or parcel of land created within a PCD District shall conform to the yard requirements of the most restrictive zoning district in which the building would be permitted as a matter of right. Minimum yard requirements of interior lots may be waived by the Planning and Zoning Commission provided that all lots shall have a front yard of not less than 25 feet. (h) Maximum height: No building or structure shall be erected or altered to a height exceeding 40 feet unless additional front yard space is provided. For each additional three feet of front yard, in excess of 25 feet, the height of the building may be increased by ten feet provided that: All allowable heights shall conform to the Airport Height District regulations; no building shall exceed 100 feet in height; and no building within 200 feet of any residential district shall exceed 40 feet in height. (i) Perimeter buffer yards: Each PCD District shall maintain a buffer yard around the entire perimeter of the property. The perimeter buffer yard shall be at least 100 feet in width as measured from the property line. As an alternative, on any side the 100-foot wide perimeter buffer yard may be reduced to 60 feet in width provided a three-foot high berm is within the 60- foot wide buffer yard around the entire perimeter of the property and the berm is landscaped with grass, trees, shrubbery and similar landscaped elements that are sufficient to protect adjacent views. No buildings, secondary buildings, parking and loading areas, storage areas or other principal users shall be permitted within the perimeter buffer yards. However, perimeter buffer yards may contain parks, waterways, stormwater detention and retention areas, lakes, nature trails, picnic areas and natural areas. Railroad right-of-way and road rights-of-way for the purpose of ingress and egress to the PCD District may cross perimeter buffer yards provided such roads and rights of way minimize the amount of buffer yard devoted to such use. The width of a side or rear buffer yard may be reduced by the Planning and Zoning Commission under the following circumstances: the affected buffer yard is adjacent to and abuts a freeway or limited access highway with a right-of-way of at least 200 feet in width; the affected buffer yard is adjacent to and abuts an electric transmission or other utility right-of-way at least 150 feet in width; or, the affected buffer yard is adjacent to and abuts an existing or zoned nonresidential area and further provided that the uses in the adjoining areas are of a compatible nature. A primary purpose of the perimeter buffer yards is to maintain a parklike setting for PCD Districts and to assure that potentially adverse affects associated with commercial development are mitigated. Therefore, the perimeter buffer yards shall be appropriately landscaped with grass, trees, shrubbery, berms and similar landscape elements. Natural areas that may exist within the designated perimeter buffer yards, shall be maintained whenever possible and incorporated into the landscape design. (j) Screening from adjacent residential areas: Whenever a PCD District is created adjacent to an existing or zoned residential area, that portion of the perimeter buffer yard abutting the residential area shall be designed to screen effectively the adjoining residential area. Such screening area shall have a minimum height of eight feet and may consist of trees, shrubbery, evergreen planting materials, walls, berms, fences (except that chain-link fences shall be Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 134 of 251 prohibited) and similar materials that will form an opaque screen of at least 75 percent within two years from time of planting. After a PCD District is approved, any residential zoning district that is created adjacent to or abutting any boundary of the PCD District shall provide the following: (1) No residential structure shall be erected within 75 feet of the PCD District boundary. (2) Any side or rear yard that adjoins or abuts the boundary line of a PCD District shall contain a landscape buffer strip of at least 20 feet in width and shall be appropriately landscaped with trees, shrubbery, berms, evergreen planting materials or walls. (3) Minimum open space: Each PCD District shall maintain an area equivalent to not less than 40 percent of the total land area of the district in open space. This minimum open space may include the perimeter buffer yard and those portions of required yard areas not devoted to urban use provided that each individual lot or parcel within the PCD District maintain a minimum open area equivalent to 30 percent of the total land area of the individual lot or parcel area. This minimum open space shall have the following characteristics: The minimum open space shall not be improved with buildings, structures, driveways, roads, parking or loading areas, outside storage or similar uses. Minimum open space areas may include active and passive recreation areas, park areas, waterways, lagoons, retention/detention ponds, floodplains, nature trails, picnic areas, landscape areas and open space in natural condition. Land designated as minimum open space shall be appropriately landscaped with grass, trees, vegetation, open space in natural condition and similar landscape elements as required by Section 53 of this ordinance. The owner(s) and/or developer(s) of a PCD District shall file an appropriate legal instrument, satisfactory to the city attorney, providing for the continuous maintenance of the minimum open space areas with the PCD District and restricting said minimum open space area perpetually. Such instruments shall be binding upon the developer, its successors, and assigns and shall constitute a covenant running with the land and be in recordable form. F. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 of this ordinance. G. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. H. Masonry requirements: The masonry requirements of Section 54 shall be met. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 98-115, § 1A, 9-15-98; Ord. No. 2001-34, § 1(Exh. K), 4-17-01; Ord. No. 2004-05, § 1A, 1-20-04) Sec. 37. PID Planned Industrial Development District Regulations. A. Preamble: The PID District is designed to accommodate industrial, noiseproof industrial and commercial and low intensity office-commercial development in accordance with the comprehensive master plan. The district provides for two methods of development: 1. Standard development permits light industrial development subject to the same restrictions as apply in the LI Light industrial district on tracts of at least three acres in size. 2. Planned development is an optional form of development which may be permitted provided an applicant submits and the City Council approves a master development plan for the property. In a planned industrial development mixed industrial and commercial developments are permitted. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 135 of 251 B. Purpose: The purpose of the standard form of development in the PID District is to permit an owner, as a matter of right, to develop light industrial uses on lots not less than three acres in area. The purpose of the optional planned development method, within the PID District, is to provide a unique zone for the coordination of industrial, office, hotel, commercial, and similar uses in a parklike setting. Approval of the planned development option will provide a mechanism to achieve industrial development which will contribute to the diversification of the city's economic base in a manner consistent with the comprehensive master plan. A further purpose of the PID District is to allow development with a compatible mixture of land uses not provided for in other industrial districts in accordance with a specific plan of development. The PID District regulations are intended to provide a method for protecting adjacent development from adverse impacts associated with economic development while promoting efficient and economic land use arrangements. The PID District regulations contemplate the use of high standards of physical design which result in developments characterized by: a landscaped setting; extensive open space; low ground coverage of buildings; and coordinated design elements. C. Intent: The PID District is designed to provide for industrial development, as a matter of right, for those uses permitted in the LI Light industrial district, or alternatively, to provide for development with a variety of employment generating uses in conformity with a master development plan, approved by the City Council pursuant to Section 46 of this ordinance and the standards and restrictions in this Section 37. The PID District is primarily designed and intended to apply to those areas of the city which are located within Airport Noise Zones B or C and are designated for industrial, noiseproof, industrial-commercial and low intensity office- commercial on the future land use plan for the City of Grapevine. It is the intent, under the planned development option, to allow a variety of employment opportunities, consistent with the airport noise overlay standards, to occur in a single stage or in approved development phases provided these development stages or phases are consistent with an approved master development plan. D. Standard development option: Any use permitted in the LI Light industrial district shall be permitted as a matter of right within a PID District. In the event the standard development option is chosen by the landowner, all development shall be regulated by the criteria established in Section 31 for the LI Light industrial district except that the minimum lot size shall be not less than three acres. E. Planned development option: Upon approval of a master development plan in accordance with Section 46 of this ordinance and in compliance with the following development standards, the City Council may authorize an applicant to utilize the planned development option within the PID District. 1. Conditions for application and approval: The following conditions and procedures shall govern the application for, and approval of, a planned development within the PID District. No building permits or other development approval shall be issued for any development activity except for standard development permitted under Section 34.D. of this ordinance, until the following conditions have been satisfied: (a) Ownership: An application for approval of a master development plan, under the planned development option, may be filed by a person having a legal interest in the property to be included in the master development plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval of the plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The master development plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. (b) Approval of master development plan required: Under no circumstances shall an applicant be granted development approval under the planned development option until a master Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 136 of 251 development plan is approved by the City Council in accordance with the provisions of Sections 37 and 46 of this ordinance. (c) Site plan required: No building permit shall be issued for any development under the planned development option until a site plan, consistent with the approved master development plan, is approved in accordance with the provisions of Section 47 of this ordinance. (d) Minimum parcel size: A master development plan shall not be approved unless the total site contains not less than 20 acres of gross area, provided, however, the Planning and Zoning Commission may recommend and the City Council may approve a PID master development plan for a site containing less than 20 contiguous acres if they find that unusual or unique characteristics of the site or its vicinity make development pursuant to a master development plan advisable and if the proposed development of the site is consistent with the purpose and intent of this section. (e) Conformance with the comprehensive master plan: All development activity and proposed land uses within the PID District shall be consistent with the goals, objectives and policies of the comprehensive master plan and any area proposed for a PID District shall be substantially within the area shown on the future land use map as being located within Airport Noise Zones B and C. (f) Perimeter buffer yard: Each PID District shall, as part of the approved master development plan, provide a perimeter buffer yard in conformance with Section 37.4(j) of this ordinance. (g) Each property owner who initially purchases property within a PID District shall be provided with a copy of the approved master development plan and any restrictions or conditions related to that plan by the developer. (h) All development activity shall be capable of conforming to the performance standards established in Section 55 of this ordinance. 2. Permitted uses: The PID District is intended for uses related to industrial activity and associated employment, where the various uses and development components are physically and functionally integrated. Permitted uses are intended to incorporate a wide range of traditional light industrial uses and a variety of nonindustrial activities which may support or otherwise relate to the economic development of the site, including wholesaling and warehousing, construction services, transportation activities, personal services, financial institution and office development and commercial use. To provide for compatible land use associations, specific permitted uses within the PID District are categorized among five land use groups, which may be permitted in certain locations consistent with a master development plan for the entire property. The master development plan shall generally direct the following land use groups in subsections 2(a) through 2(b), below, to particular areas of the site. Whenever an area is indicated for a particular land use group, the other use groups may be integrated into this area provided that the primary use so designated shall occupy a minimum of 75 percent of that land area. No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, under the planned development option for other than one or more of the following uses: (a) Any use permitted in the LI Light industrial district. (Group 1) (b) Warehousing and wholesale distribution facilities completely within an enclosed building and air freight forwarding. (Group 2) (c) Any use permitted in the HCO Hotel corporate office district provided such uses do not occupy more than 20 percent of the total site area within the PID District. (Group 3) (d) Any use permitted in the PO Professional office district. (Group 4) Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 137 of 251 (e) Any use permitted in the CC Community commercial district provided that the total amount of land designated for commercial uses shall not exceed 15 percent of the total site area and no commercial parcel shall exceed 20 acres in size. (Group 5) 3. Secondary uses: Any secondary use permitted within the LI, HCO, PO and CC Districts shall be permitted as secondary uses to a principal use provided that no such secondary use shall be a source of income to the owner or occupant of the principal use. 4. Lot, area and density regulations: Each lot or parcel of land created within an approved PID District shall comply with the following requirements: (a) Minimum size: Each lot created within a PID District shall have a minimum land area of at least 30,000 square feet provided that the average of all lots or parcels of land created within the total PID District shall have an average lot size of at least one acre. (b) Minimum lot frontage: Each lot or parcel of land shall have minimum frontage of 150 feet on an approved public or private street. Whenever a lot or parcel of land fronts on a cul-de-sac or similar street curves with extraordinary features, the minimum lot frontage may be reduced to 50 feet provided that any building or structure created on said reduced lot frontage shall have a minimum width of 100 feet at the front building setback line. (c) Maximum density: The maximum density for a PID District shall not exceed a floor area ratio of 1.5. (d) Maximum lot coverage: The maximum lot coverage by principal buildings and other structures shall not exceed the following percentages of the lot area for each land use group provided that the development meets all buffer yards, open space and setback requirements. Group 1—Light industrial uses: 50 percent Group 2—Commercial-warehousing: 60 percent Group 3—Hotel-corporate office: 40 percent Group 4—Professional office: 30 percent Group 5—Commercial: 50 percent These standards may be increased for certain uses such as warehousing or other highly automated industry in industrial land use groups 1 and 2 upon recommendation by the Planning and Zoning Commission. A finding must be made that these uses will have a maximum equivalent of five full-time employees per acre and require corresponding lower demands for off-street parking, loading and storage areas than other industrial uses permitted in these use groups. Under no circumstances should these standards be varied to increase lot coverage more than 75 percent. All uses which have lot coverage standards increased must meet all buffer area, open space, and setback requirements. (e) Minimum open space lots: All lots created within a PID District shall maintain a minimum open space area equal to 30 percent of the total lot area. No building structure, secondary use, parking or loading area or storage areas shall be included in the calculation of the minimum open space area. Landscaping of these areas shall be in accordance with Section 53 of this ordinance. 1. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. (f) Distance between buildings: No two buildings on the same parcel may be located closer to one another than a distance equal to the height of the lower building. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 138 of 251 (g) Maximum impervious area: The maximum impervious area of any lot created within the PID District shall not exceed 75 percent of the total lot area. (h) Minimum yard requirements: Each lot or parcel of land created within a PID District shall generally conform to the yard requirements of the most restrictive zoning district in which the building would be permitted as a matter of right. Minimum yard requirements may be waived by the Planning and Zoning Commission provided that all lots shall have a front yard of not less than 25 feet. Where the lot lines of uses in industrial groups 1 and 2 abut railroad rights-of-way or sidings, no minimum yard is required. (i) Maximum height: No building or structure shall be erected or altered to a height exceeding 40 feet unless additional front yard space is provided. For each additional three feet of front yard, in excess of 25 feet, the height of the building may be increased by ten feet provided that: all allowable heights shall conform to the airport height district regulations; no building shall exceed 100 feet in height; and no building within 200 feet of any residential district shall exceed 40 feet in height. (j) Perimeter buffer yards: Each PID District shall maintain a buffer yard around the entire perimeter of the property. The perimeter buffer yard shall be at least 100 feet in width as measured from the property line. As an alternative on any side, the 100-foot wide perimeter buffer yard may be reduced to 60 feet in width provided a three-foot high berm is within the 60-foot wide buffer yard around the entire perimeter of the property and the berm is landscaped with grass, trees, shrubbery and similar landscaped elements that are sufficient to protect adjacent views. No buildings, secondary buildings, parking and loading areas, storage areas or other principal users shall be permitted within the perimeter buffer yards. However, perimeter buffer yards may contain parks, waterways, stormwater detention and retention areas, lakes, nature trails, picnic areas and natural areas. Railroad rights-of-way and road rights-of-way for the purpose of ingress and egress to the PID District may cross perimeter buffer yards provided such roads and rights- of-way minimize the amount of buffer yard devoted to such use. The width of a side or rear buffer yard may be reduced by the Planning and Zoning Commission under the following circumstances: the affected buffer yard is adjacent to and abuts a freeway or limited access highway with a right-of-way of at least 200 feet in width; the affected buffer yard is adjacent to and abuts an electric transmission or other utility right-of-way at least 150 feet in width; or, the affected buffer yard is adjacent to and abuts an existing or zoned industrial area and further provided that the uses in the adjoining industrial areas are of a compatible nature. A primary purpose of the perimeter buffer yards is to maintain a parklike setting for PID District and to assure that potentially adverse effects associated with internal industrial development are mitigated. Therefore, the perimeter buffer yards shall be appropriately landscaped with grass, trees, shrubbery, berms and similar landscape elements. Natural areas that may exist within the designated perimeter buffer yards, shall be maintained whenever possible and incorporated into the landscape design. (k) Screening from adjacent residential areas: Whenever a PID District is created adjacent to an existing or zoned residential area, that portion of the perimeter buffer yard abutting the residential area shall be designed to screen effectively the adjoining residential area. Such screening area shall have a minimum height of eight feet and may consist of trees, shrubbery, evergreen planting materials, walls, berms, fences (except that chain-link fences shall be prohibited with permanent vegetation) and similar materials that will form an opaque screen of at least 75 percent within two years from time of planting. After a PID District is approved, any residential zoning district that is created adjacent to or abutting any boundary of the PID District shall provide the following: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 139 of 251 (1) No residential structure shall be erected within 75 feet of the PID District boundary. (2) Any side or rear yard that adjoins or abuts the boundary line of a PID District shall contain a landscape buffer strip of at least 20 feet in width and shall be approximately landscaped with trees, shrubbery, berms, evergreen planting materials or walls. (l) Minimum open space: Each PID District shall maintain an area equivalent to not less than 40 percent of the total land area of the district in open space. This minimum open space may include the perimeter buffer yard and those portions of required yard areas not devoted to urban use provided that each individual lot or parcel within the PID District maintain a minimum open space area equivalent to 20 percent of the total land area of the individual lot or parcel area. This minimum open space shall have the following characteristics; the minimum open space shall not be improved with buildings, structures, driveways, roads, parking or loading areas, outside storage or similar uses. Minimum open space areas may include active and passive recreation areas, park areas, waterways, lagoons, retention/detention ponds, floodplains, nature trails, picnic areas, landscape areas and open space in natural condition. Land designated as minimum open space shall be appropriately landscaped with grass, trees, vegetation, open space in natural condition and similar landscape elements as required by Section 53 of this ordinance. The owner(s) and/or developer(s) of a PID District shall file an appropriate legal instrument, satisfactory to the city attorney, providing for the continuous maintenance of the minimum open space areas with the PID District and restricting said minimum open space area perpetually. Such instruments shall be binding upon the developer, its successors, and assigns and shall constitute a covenant running with the land and be in recordable form. F. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 of this ordinance. G. Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance. H. Masonry requirements: The masonry requirements of Section 54 shall be met. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 2001-34, § 1(Exh. L), 4-17-01) Sec. 38. GU Government Use District Regulations. PURPOSE: The GU Governmental use district is established to apply to those lands where national, state, or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan. A. Permitted uses: The following uses shall be permitted as principal uses. 1. Parks, playgrounds, and recreation areas. 2. Government administrative and judicial buildings. 3. Public schools, hospitals and libraries. 4. Other public facilities of a like nature. B. Secondary uses: The following uses shall be permitted as secondary uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: 1. Uses and structures which are customarily secondary and are clearly incidental and subordinate to the permitted uses and structures. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 140 of 251 C. Conditional uses: The following conditional uses may be permitted provided a conditional use permit is issued pursuant to Section 48. 1. Government maintenance facilities. 2. Public utility facilities. 3. Jails, detention facilities or work camps. 4. Public incinerators. 5. Sanitary landfills. 6. Alcoholic beverage sales, provided a special permit is issued in accordance with Section 42.B. 7. Airports and airport-related facilities and services including, but not limited to, terminals, runways, taxiways, tramways, airport hangers, warehouses, heliports, helistops, service establishments catering to the airport and airport-related facilities and excavation or fill for any airport-related facility. 8. Any use allowed within this district with outdoor speakers. 9. Hotels or Motels. 10. Electric Vehicle (EV) Charging Stations (See Section 42.I.). D. Limitation of uses: None required. E. Plan requirements: No application for a building permit for construction of a building or structure 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. Governmental immunity: 1. Upon petition of the applicant, the Planning and Zoning Commission may recommend, and the City Council may officially recognize, that the applicant is immune from compliance with specific provisions of the city zoning ordinance for a proposed building, structure, use, development or activity: (a) If such immunity specifically is required to be granted by any applicable state or federal statute; or (b) In the absence of such a statute, upon consideration and balancing of all relevant factors including, but not limited to: (1) The impact of zoning compliance on the proposed building, structure, use, development or activity; (2) The impact of the proposed building, structure, use, development or activity on the city; (3) Whether a more prudent and feasible alternative location exists for the proposed building, structure, use, development or activity; and (4) The need of the applicant and the region for the building, structure, use, development or activity at the proposed location. 2. Governmental immunity may be granted pursuant to subparagraph (b) only after notice is given and public hearings are held in compliance with Section 67. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 141 of 251 G. Area requirements: The yard requirements shall not be less than the requirements of the most restrictive abutting property. H. Buffer area regulations: Whenever any conditional use that is allowable in this district abuts a residentially zoned district or a PO District, a landscaped buffer zone of not less than 25 feet in depth shall be provided between the lot line and any building, structure, or activity area. No building, structure, parking, loading or storage shall occur in the buffer area and such area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall be provided in accordance with the provisions of Section 50 of this ordinance. I. Height: No restrictions. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. K. Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 of this ordinance. L. Off-street loading: No off-street loading is required in the GU District. M. Masonry requirement: The masonry requirements of Section 54 shall be met. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 88-16, § 1, 2-16-88; Ord. No. 89-81, § 1(C), (D), 12-5-89; Ord. No. 2009-04, § 1.N, 1-20-09; Ord. No. 2017-063, § 2, 9-19-17) Sec. 39. Historic Landmark. A. Establishment of "HL" zoning designation as a historic landmark subdistrict: Any zoning district designation appearing on the zoning district map may be followed by the suffix "HL" indicating a historic landmark subdistrict. Such subdistrict may include buildings, land, areas, or districts of historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education, and welfare of the people. The "HL" designation shall apply to those premises, lots or tracts designated through procedures set forth herein. Additional principal and secondary uses may be permitted in any specific "HL" subdistrict and shall be enumerated in the ordinance establishing such historic landmark subdistrict, provided such uses are included in the zoning application. Such suffix shall not affect the legal use of the property and the basic underlying zoning of the property except as provided in the ordinance establishing the subdistrict. B. Declaration of policy: The City Council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. C. Historic landmarks—Designation: The City Council may designate certain buildings, land, areas, and districts in the city as historic landmarks and define, amend and delineate the boundaries thereof. Requests for designation may be made by the City Council, Historic Preservation Commission, or by the public on a form or zoning application obtained from the City. Completed request forms shall be returned to the City for processing and accompanied by payment of the appropriate fee to be charged by the City of Grapevine for administering the application. All designations must meet all requirements under Section 211.0165 of the Texas Local Government Code, as amended from time to time, or subsequent Texas statute replacing Section 211.0165 of the Texas Local Government Code. 1. Signature Requirements for Property Owner-Initiated Designations. Application for designation of a historic landmark shall require the signatures of all owners of the property, or their authorized agents. 2. Property Owner Consent Requirements for City-Initiated Designations. The Historic Preservation Commission or Planning & Zoning Commission may recommend to the City Council an application be Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 142 of 251 submitted to designate any property, structure, site, or district within the incorporated limits of the City of Grapevine as a historic landmark designation. The City Council may, on its own motion, direct City staff to initiate designation proceedings. Upon approval of such motion, the Historic Preservation Officer shall prepare a historic landmark designation petition on behalf of the City of Grapevine. a. Pursuant to Section 211.0165 of the Texas Local Government Code, city-initiated designation of a historic landmark shall require: i. Written consent of all property owners within the boundaries of the proposed designation, which may be withdrawn at any time in the process; or ii. A three-fourths vote of approval by the Historic Preservation Commission, a review by the Planning and Zoning Commission, and a three-fourths vote of approval by the City Council. 3. Historic Landmark Site Review. At least fifteen (15) calendar days prior to the public hearing of the Historic Preservation Commission for designation of a historic landmark, City staff shall provide the property owner(s) with a Historic Landmark Site Review that includes: a. Regulations that are authorized to be applied to the historic landmark after the designation; b. Procedures for the designation; c. Tax benefits that are authorized to be applied to the historic landmark after the designation, if any; and d. Rehabilitation or repair programs offered by the City of Grapevine for a historic landmark, if any. 4. Review and Recommendation by the Historic Preservation Commission. Upon staff’s acceptance or completion of an application, the Historic Preservation Officer shall schedule a public hearing at the next practicable Historic Preservation Commission meeting. The Historic Preservation Commission shall make a recommendation to the Planning and Zoning Commission as to whether or not the property, district, or site is eligible for historic landmark designation according to the criteria in Section 39.D of this article and the merits of the application. 5. Review and Recommendation by the Planning and Zoning Commission. Upon receiving an recommendation by the Historic Preservation Commission, the matter shall be scheduled by City staff for a public hearing before the Planning and Zoning Commission. The matter shall proceed in the same manner as that required to amend, repeal, or alter the zoning on a tract or parcel of land under Section 48 relating to conditional uses. The Planning and Zoning Commission will consider the criteria for designation specified in the Zoning Ordinance. 6. Decision by the City Council. The matter shall proceed to the City Council in the same manner and in the same instances as that required to amend, repeal, or alter the zoning on a tract or parcel of land as specified in this article, except for the procedural requirements in Section 39.C.2. After all notice requirements of state zoning statutes have been complied with and all required public hearings conducted pursuant to said state statutes and upon receipt of the Historic Preservation Commission and Planning and Zoning Commission recommendations, the City Council may designate the building, land, area or district within the "HL" suffix. The suffix "HL" shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the City Council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in the Comprehensive Zoning Ordinance. All zoning district maps shall reflect the designation of a historical landmark subdistrict by the letter "HL" as a suffix. If the City Council does not approve the designation, the procedure for successive applications for petitions for the amendment of the Zoning Ordinance for a particular tract of property shall apply. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 143 of 251 7. Decision Recordation. Upon passage by the City Council of an ordinance designating property as “HL,” the City Secretary or his or her designee shall file a copy of the ordinance with the appropriate county clerk, in accordance with state law, and the appropriate county tax assessor, and, together with a written notice briefly stating the fact of the designation, shall send a copy of such notice by certified mail to the owner of the affected property. 8. Amendment or Removal. The same application and procedure that is followed for the designation of a historic landmark shall apply for amendment or removal of the designation, except: a. The Historic Preservation Commission or the Historic Preservation Officer may initiate amendments to a historic landmark ordinance without a motion from the City Council as described in subsection 2 above. D. Historic landmarks—Criteria to be used in Determination: In making such designation as set forth in Section 39.C above, the City Council shall consider one or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Grapevine, State of Texas, or the United States; 2. Identification with a person or persons who significantly contributed to the culture and development of the City; 3. Location as the site of a significant historic event; 4. Exemplification of the cultural, economic, social or historical heritage of the City; 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; 6. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the City; 7. Value as an aspect of community sentiment or public pride. 8. Detailed recommendation from the Historic Preservation Commission. 9. Detailed recommendation from the Planning and Zoning Commission. E. Present use not affected: Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Comprehensive Zoning Ordinance of the City. F. Off-street parking and loading: Due to the development nature of property with a historic landmark designation, it is recognized that conventional off-street parking, loading, and development standards required by Section 56, Section 57, and Section 58 of the comprehensive zoning ordinance for individual lots may be difficult to provide. Any uses proposed with a historic landmark designation may present a plan for parking to the Planning and Zoning Commission and the Planning and Zoning Commission may determine different amounts and methods in establishing off-street parking. (Ord. No. 91-77, § 1, 10-15-91; Ord. No. 2000-109, § 1, 10-3-00) Sec. 40. Reserved. Editor's note(s)—Ord. No. 2010-46, § 1, adopted August 17, 2010, repealed former § 40 in its entirety which pertained to the MXU Mixed Use District and derived from the following: Ord. No. Section Date 2003-50 1(Exh. A) 7-15-03 2004-42 1B 6-15-04 Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 144 of 251 2004-87 1K 12-21-04 2005-31 1A 4-19-05 2007-62 1 10-17-07 2008-72 1K, L 11-18-08 2009-04 1O 1-20-09 Sec. 41. "PD" Planned Development Overlay. PURPOSE: The "PD" Planned Development Overlay is a planning tool that should be utilized to improve property with a goal of establishing unique as well as modern urban development in situations where strict adherence to standard zoning criteria inhibits the creative process. The objective of a planned development overlay is to promote progressive and flexible land development on problematic tracts of land where certain causative factors such as extreme topography, irregular property boundaries, surrounding uses and zoning and other similar aspects renders the land difficult to develop under established guidelines. It should be utilized to create compatible land uses within urbanized areas and generate the appropriate criteria necessary to enable the development of land that is unlikely to occur given the standards established in other zoning districts. Care should be given to ensure that development under this section in no way negatively impacts the health, safety, and welfare of the general public. The discretionary oversight granted in this section shall allow the Planning and Zoning Commission and the City Council the ability to establish standards and impose conditions upon such requests to mitigate or eliminate potentially adverse effects upon the community or upon properties within the vicinity of the proposed use. Designation under this section shall not affect the underlying zoning of the property except as provided in the ordinance establishing the overlay. GENERAL GUIDELINES: All uses—permitted, secondary, and conditional relative to a request for the creation of a "PD" Planned Development Overlay shall be initially established by the underlying zoning district. In situations where there is a need to deviate from the established guidelines in the underlying zoning district relative to permitted, secondary or conditional uses and/or general development criteria i.e. density requirements, area requirements etc., the applicant shall present to the Planning and Zoning Commission and the City Council the special circumstances that inhibit the development of property strictly utilizing the standards designated in the underlying zoning district and the criteria that will differ from that established in the underlying zoning district. APPLICATION FOR ESTABLISHING A "PD" PLANNED DEVELOPMENT OVERLAY: An application for a "PD" Planned Development Overlay shall be filed with the Director of Planning Services which shall be forwarded to the Planning and Zoning Commission and the City Council. The application shall contain a Site Plan as stated in Section 47, Site Plan Review, with the following information as well as any additional information as may be required by the Planning and Zoning Commission, City Council, or the Director of Planning Services. Failure to meet the following submittal requirements will result in the rejection of the application. 1. The applicant's name and address and his interest in the subject property. 2. The owner's name and address if different than the applicant and the owner's signed consent to the filing of the application. 3. The street address and legal description of the property. 4. The zoning classification and present use of the subject property. 5. A general description of the proposed "PD" Planned Development Overlay. 6. A statement or diagram/matrix detailing the area or areas of the zoning ordinance that will be varied from and the conditions present that require deviation from the established standards. This written justification for the establishment of the planned development overlay must clearly and explicitly detail each item which will deviate from the established guidelines and should explain what special physical Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 145 of 251 circumstances are present on the subject tract of land that inhibits its development. Economic justifications for establishing the planned development overlay are not acceptable. This portion of the application is the foundation for the establishment of the planned development overlay. Applications for establishing a planned development overlay will be accepted only for vacant tracts of land or for property undergoing redevelopment. Redevelopment is not synonymous with "remodel." For purposes of this section, redevelopment shall be defined as a minimum increase of 50 percent in the appraised value of the subject property brought about as a result of the improvements made as proposed, as determined by a licensed appraiser. This appraisal information shall be provided by the applicant at the applicant's expense. Demolition and rebuild, construction of new principal structure(s) and/or a change in the principal use as defined in this ordinance are conditions which may be used to determine this valuation. 7. A statement as to why the proposed "PD" Planned Development Overlay will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood. 8. A statement as to how the proposed "PD" Planned Development Overlay is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. Care should be taken when proposing a planned development overlay to ensure that uses within the overlay closely match those within the underlying zoning district and conformance with the Master Land Use plan is maintained. 9. A statement or diagram/matrix detailing the particular measures that will be implemented to compensate for the requested deviations from the underlying zoning district. HEARING ON THE "PD" PLANNED DEVELOPMENT OVERLAY APPLICATION: A public hearing on the application shall be held and notice thereof given in the manner and form required as set out in Section 67, Amendments of this ordinance unless the Director of Planning Services or the Planning and Zoning Commission determines that the application is incomplete. STANDARDS: The following standards may be considered by the Planning and Zoning Commission and the City Council in determining whether a "PD" Planned Development Overlay should be established: 1. That the proposed "PD" Planned Development Overlay will be consistent with the adopted policies in the Comprehensive Master Plan of the City of Grapevine. 2. That the proposed "PD" Planned Development Overlay will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. 3. That the proposed "PD" Planned Development Overlay will be constructed arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed "PD" Planned Development Overlay will so dominate the immediate neighborhood, consideration shall be given to: a. The location, nature and height of building, structures, walls, fences on the site and, b. The nature and extent of screening on the site. 4. That the proposed "PD" Planned Development Overlay at the specified location will contribute to or promote the welfare or convenience of the public. 5. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 6. That the proposed "PD" Planned Development Overlay will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 146 of 251 structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the Overlay will provide adequately for such services. 7. That the proposed "PD" Planned Development Overlay will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. 8. That the proposed "PD" Planned Development Overlay will comply with any additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 9. That the proposed "PD" Planned Development Overlay will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the city, region, and the State. 10. That the benefits of the proposed "PD" Planned Development Overlay outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historic feature of significance, and outweigh the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use. 11. That all reasonable means for meeting the projected need or demand for the proposed building, structure, development, use or activity which may be less costly or less intrusive to existing communities have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal. 12. That the proposed "PD" Planned Development Overlay is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Grapevine has based planning or zoning decisions or, if the proposed use is consistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the community of the proposed use. 13. For those requests to establish a "PD" Planned Development Overlay based on the residential zoning districts: "R-20" Single Family District, "R-12.5" Single Family District, "R-7.5" Single Family District and "R-5.0" Zero Lot Line District, the requirement for a Site Plan shall be waived and a survey or subdivision plat shall suffice. The following zoning districts are not permitted to be utilized for the establishment of a "PD" Planned Development Overlay: "R-MH" Manufactured Home District, "R- MODH" Modular Home District, "PRD-6" Planned Residential Low Density District, and "PRD-12" Planned Residential Medium Density District. PERIOD OF VALIDITY: No Site Plan for a "PD" Planned Development Overlay shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. It should be recognized that the establishment of a planned development overlay is contractual in nature and upon expiration of a Site Plan approved in conjunction with a "PD" Planned Development Overlay, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a "PD" Planned Development Overlay. A. Principal uses: 1. All principal uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of permitted uses and the conditions necessary for the change in standards from the underlying zoning district. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 147 of 251 B. Secondary uses: 1. All secondary uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of secondary uses and the conditions necessary for the change in standards from the underlying zoning district. C. Conditional uses: 1. All conditional uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of conditional uses and the conditions necessary for the change in standards from the underlying zoning district. D. Limitation of Uses: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a "PD" Planned Development Overlay and cannot be established as a permitted, conditional, or secondary use under any circumstances: 1. Freight forwarding warehouses. 2. Outside storage of material/equipment. 3. Retail establishments for used car sales and service. 4. Commercial parking lots. 5. Automotive repair garages. 6. Salvage/wrecking yards. 7. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage. 8. Those uses specifically designated in paragraph D. Limitation of Uses in Section 31, "LI" Light Industrial District. 9. Off-premise/billboard signage. 10. Pawn shops. 11. All uses listed in Section 49, Special Uses. 12. Bed and Breakfast. E. Density requirements: Requirements associated with maximum density, lot size, minimum open space, maximum building coverage, and maximum impervious coverage shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. The maximum density for a "PD" Planned Development Overlay District associated with any underlying residential zoning district shall not exceed that established in the underlying zoning district except for the "R-MF" Multifamily District. Lot size for any residentially zoned district may be reduced no more than five percent. F. Area regulations: Requirements associated with lot width, lot depth, front yard setback, side yard setback, rear yard setback, and distance between buildings shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 148 of 251 G. Buffer area regulations: Requirements associated with the establishment of a buffer area shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. H. Height requirements: Requirements associated with the height of structures shall be initially established by the underlying district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. I. Landscaping requirements: Requirements associated with landscaping shall be initially established in accordance with Section 53, Landscaping Regulations of the zoning ordinance. When varying from the guidelines within Section 53, Landscaping Regulations, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. J. Masonry requirements: Masonry shall be provided in accordance with Section 54, Masonry Requirements. K. Off-street parking requirements: Requirements associated with off-street parking shall be initially established in accordance with Section 56, Off-Street Parking Requirements and Section 58, Parking, Loading, and Outside Storage Area Development Standards of the zoning ordinance. When varying from the guidelines within these Sections the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. L. Off-street loading requirements: Requirements associated with off-street loading shall be initially established in accordance with Section 57, Off-Street Loading Requirements of the zoning ordinance. When varying from the guidelines within Section 57, Off-Street Loading Requirements, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. M. Design requirements: When applicable, design requirements shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. N. Planned Commercial Center design requirements: When applicable, the design requirements associated with planned commercial centers shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. O. Sign standards: On-premise signage shall be provided in accordance with Section 60, Sign Standards of the zoning ordinance. P. Subdivision regulations and construction standards: The planned development overlay shall not be used to deviate from the construction standards established for new construction within the City. Except in extreme circumstances relative to width, grade, and radii, all subdivision regulations shall be met. Justification must be given for the establishment of private streets/roadways however all subdivision regulations and constructions standards must be met. Q. Additional requirements and restrictions: In granting a "PD" Planned Development Overlay, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the Planned Development Overlay as may be necessary to comply with the standards set out in Section 41 Standards of this Ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such Planned Development Overlay uses Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 149 of 251 upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Planned Development Overlay. (Ord. No. 2005-31, § 1B, 4-19-05; Ord. No. 2006-25, § 1, 4-18-06; Ord. No. 2011-33, § 1.E, 7-19-11; Ord. No. 2022- 062, § 11, 9-20-22) Sec. 41A. Entertainment and Attraction Overlay. PURPOSE: The entertainment and attraction overlay is a planning tool that is intended to encourage the development of property with the goal of establishing unique as well as modern urban development in situations where strict adherence to standard zoning criteria inhibits the creative process. The objective of the entertainment and attraction overlay is to promote progressive land development on tracts of land with maximum flexibility in the design of entertainment and attraction projects. This overlay should be utilized to establish compatible land uses within urbanized areas and generate the appropriate criteria necessary to enable the development of land that is unlikely to occur given the standards established in other zoning districts. Care should be given to ensure that development under this section in no way negatively impacts the health, safety, and welfare of the general public. The discretionary oversight granted in this section shall allow the Planning and Zoning Commission and the City Council the ability to establish standards and impose conditions upon such requests to mitigate or eliminate potentially adverse effects upon the community or upon properties within the vicinity of the proposed use. Designation under this section shall not affect the underlying zoning of the property except as provided in the ordinance establishing the overlay. GENERAL GUIDELINES: All uses—permitted, accessory, and conditional relative to a request for the creation of an entertainment and attraction overlay shall be initially established by the underlying zoning district. Consideration may be given to projects of an unusual nature that employ creative features that can not meet the intended literal requirements of the zoning ordinance as well as to the grouping or massing of uses. APPLICATION FOR ESTABLISHING AN ENTERTAINMENT AND ATTRACTION OVERLAY: An application for an entertainment and attraction overlay shall be filed with the Director of Planning Services, which shall be forwarded to the Planning and Zoning Commission and the City Council. The application shall contain a site plan as outlined in Section 47, site plan review, with the following information as well as any additional information as may be required by the Planning and Zoning Commission, City Council, or the Director of Planning Services. Failure to meet the following submittal requirements will result in the rejection of the application. 1. The applicant's name and address and interest in the subject property. 2. The owner's name and address if different than the applicant and the owner's signed consent to the filing of the application. 3. The street address and legal description of the property. 4. The zoning classification and present use of the subject property. 5. A general description of the proposed entertainment and attraction overlay. 6. A statement as to how the proposed entertainment and attraction overlay is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. Care should be taken when proposing an entertainment and attraction overlay to ensure that uses within the overlay closely match those within the underlying zoning district and conformance with the master land use plan is reasonably maintained. HEARING ON THE ENTERTAINMENT AND ATTRACTION OVERLAY APPLICATION: A public hearing on the application shall be held and notice thereof given in the manner and form required as set out in Section 67, Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 150 of 251 amendments of this ordinance unless the Director of Planning Services or the Planning and Zoning Commission determines that the application is incomplete. STANDARDS: The following standards may be considered by the Planning and Zoning Commission and the City Council in determining whether an entertainment and attraction overlay should be established: 1. That the proposed entertainment and attraction overlay will be consistent with the adopted policies in the comprehensive master plan of the city. 2. That the proposed entertainment and attraction overlay will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. 3. That the proposed entertainment and attraction overlay will be constructed arranged and operated so as not to unreasonably interfere with the development and use of neighboring property in accordance with the applicable district regulations. 4. That the proposed entertainment and attraction overlay at the specified location will contribute to or promote the welfare or convenience of the public. 5. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 6. That the proposed entertainment and attraction overlay will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the overlay will provide adequately for such services. 7. That the proposed entertainment and attraction overlay will comply with any additional standards imposed on it by the particular provision of this section authorizing such use. 8. That the proposed entertainment and attraction overlay will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the city, region, and the state. 9. That the proposed entertainment and attraction overlay is consistent with prior plans, master plans and projections of the applicant, if any, upon which the city has based planning or zoning decisions or, if the proposed use is consistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the community of the proposed use. 10. The following zoning districts are not permitted to be utilized for the establishment of an entertainment and attraction overlay: "R-20," "R-12.5," and "R-7.5," Single Family Districts; "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-3.75" Three and Four Family District, "R-MH" Manufactured Home District, "R-TH" Townhouse District, "R-MF" Multifamily District, "R-MODH" Modular Home District, "PRD-6" Planned Residential Low Density District, "PRD-12" Planned Residential Medium Density District, "PO" Professional Office District and "CN" Neighborhood Commercial District. PERIOD OF VALIDITY: No site plan for an entertainment and attraction overlay shall be valid for a period longer than one-year from the date on which the City Council grants approval, unless within such one-year period: (a) a building permit is obtained and the erection or alteration of a structure is started, or (b) an occupancy permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one-year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, amendments. It should be recognized that the establishment of an entertainment and attraction overlay is contractual in nature and upon expiration of a site plan approved in conjunction with an entertainment and attraction overlay, the property will revert to the underlying zoning district designation and all uses and the general development Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 151 of 251 guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with an entertainment and attraction overlay. All property that has received an entertainment and attraction overlay designation shall be eligible for the provisions of this ordinance provided that the application for an entertainment and attraction overlay has not expired. A. Principal uses. 1. All principal uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant may provide an amended list of permitted uses and the conditions and reasons necessary for the change in standards from the underlying zoning district. B. Secondary uses. 1. All secondary uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of secondary uses and the conditions and reasons necessary for the change in standards from the underlying zoning district. C. Conditional uses. 1. All conditional uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of conditional uses and the conditions and reasons necessary for the change in standards from the underlying zoning district. D. Limitation of uses. Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. Uses which are not directly related or ancillary to entertainment and attraction type uses are expressly prohibited. An entertainment and attraction overlay shall not be established relative to any uses established within Section 49, special uses. Unique hotel concepts developed as part of an overall attraction/entertainment development may propose standards that are less restrictive than those required relative to room count, room size, conference center space, swimming pool requirement and size, full service restaurant requirement, and staffing. E. Density requirements. Relief from strict compliance with density requirements may be permitted. Requirements associated with maximum density, lot size, minimum open space, maximum building coverage, and maximum impervious coverage shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. Special consideration may be given to the clustering or grouping of entertainment and attraction uses. F. Area regulations. Relief from strict compliance with area regulations may be permitted. Requirements associated with lot width, lot depth, front yard setback, side yard setback, rear yard setback, and distance between buildings shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. G. Buffer area regulations. Relief from strict compliance with buffer area regulations may be permitted. Requirements associated with the establishment of a buffer area shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. H. Height requirements. Relief from strict compliance with height requirements may be permitted. Requirements associated with the height of structures shall be initially established by the underlying district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 152 of 251 I. Landscaping requirements. Relief from strict compliance with landscaping requirements may be permitted. Requirements associated with landscaping shall be initially established in accordance with Section 53, landscaping regulations of the zoning ordinance. When varying from the guidelines within Section 53, landscaping regulations, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. J. Masonry requirements. Relief from strict compliance with masonry requirements may be permitted. Requirements associated with the percentage coverage of masonry for all principal and secondary structures/buildings shall be initially established in accordance with Section 54, masonry requirements. When varying from the guidelines within Section 54, masonry requirements, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. K. Off-street parking requirements. Relief from strict compliance with off-street parking requirements may be permitted. Requirements associated with off-street parking shall be initially established in accordance with Section 56, off-street parking requirements and Section 58, parking, loading, and outside storage area development standards of the zoning ordinance. When varying from the guidelines within these sections the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. L. Off-street loading requirements. Relief from strict compliance with off-street loading requirements may be permitted. Requirements associated with off-street loading shall be initially established in accordance with Section 57, off-street loading requirements of the zoning ordinance. When varying from the guidelines within Section 57, off-street loading requirements, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. M. Design requirements. Relief from strict compliance with design requirements may be permitted. When applicable, design requirements shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. N. Planned commercial center design requirements. Relief from strict compliance with planned commercial center design requirements may be permitted. When applicable, the design requirements associated with planned commercial centers shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. O. Sign standards. Relief from strict compliance with sign standards may be permitted. Requirements associated with the height, size, type, and number of signs allowed shall be initially established in accordance with Section 60, sign standards. When varying from the guidelines within Section 60, sign standards, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. P. Subdivision regulations and construction standards. Given the unique nature of this type of development, consideration may be given by the City Council to deviate from the subdivision regulations established for new construction within the city relative to the establishment of an entertainment and attraction overlay, however, all constructions standards shall be met. Q. Additional requirements, restrictions and considerations. In granting an entertainment and attraction overlay, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the entertainment and attraction overlay as may be necessary to comply with the standards set out in Section 41a, standards of this section to avoid, or minimize, or mitigate any potentially injurious effect of such entertainment and attraction overlay uses upon Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 153 of 251 other property in the vicinity, and to carry out the general purpose and intent of this section. The Planning and Zoning Commission may also recommend and the City Council consider any additional conditions or stipulations in addition to, in lieu of, or provide relief from any other provisions of this ordinance when necessary. Such conditions shall be set out in the ordinance approving the entertainment and attraction overlay. (Ord. No. 2013-16, § 1, 4-16-13) Sec. 41B. Transit District Overlay. Section 41B is not set out herein, but can be found here . (Ord. No. 2019-008, § 2(Exh. A), 2-19-19) Sec. 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 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. (j) Temporary sales of merchandise by nonprofit organizations. (k) Temporary shelter for the homeless occupied by more than three 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 250 feet to a residentially zoned district except for (g) which shall not be located closer than 1,000 feet to a developed residentially zoned 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 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. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 154 of 251 4. Permission may be granted for a period not to exceed seven 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 60 feet to a residentially zoned district. 5. Permission may be granted for a period not to exceed 40 days by the Director of Planning Services to allow Christmas tree sales lots in all nonresidential zoning districts. 6. A building, electrical and/or plumbing permit, where determined applicable by the Director of Planning Services, 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 Planning Services shall be complied with prior to the commencement of any approved temporary use. 7. Temporary concrete mixing or batching plant for use during the construction of buildings or public improvements for 30 days or less may be approved by the Director of Planning Services. 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 Director of Planning Services 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 Director of Planning Services. (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: 2. The storage, possession, sale or serving of alcoholic beverages by any party for either on-premises or off-premises consumption shall be illegal unless on property zoned specifically for that purpose as a conditional use in accordance with and pursuant to Section 48 of this ordinance. The applicant for a conditional use permit for a package store shall include as part of the conditional use permit application the following: A detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as humidors, location descriptions for all product sales such as beer, wine and hard liquor, locations of check-out registers and all building ingress and egress points. A proposed security plan must also be submitted and shall include the Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 155 of 251 number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-site security personnel. The security plan must include, at a minimum, the following: (1) Surveillance camera system to record audio and video of the interior and exterior of the premises; (2) Video and audio recording and storage system with a minimum of 30 day retention; (3) Commercially monitored alarm system with appropriate permit; (4) Drop safes anchored to the floor; (5) Security signs; (6) Height markers; (7) Safety training programs. Also, details should be provided concerning any proposed features that adhere to any crime prevention through environmental design (CPTED) site design tenets. CPTED is based upon the concept that the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life. The goal of CPTED is to reduce opportunities for crimes to occur that are often inherent in the design of buildings and the layout of neighborhoods and streets. The detailed site plan must meet the following minimum requirements: (1) The front building façade shall be a minimum of 80 percent non-tinted, clear glass. (2) No curtain, display, hanging sign, storage, or other obstruction that prevents a clear view of the interior of a package store. (3) The exterior premises must be lit to the maximum allowed under the zoning ordinance. (4) All requirements of chapter 4 alcoholic beverages of the Code shall also be meet. 3. With the exception of wineries, wine tasting rooms, breweries and distilleries, no party shall sell or serve alcoholic beverages for on-premise consumption as the holder of a duly issued Texas Alcohol Beverage Commission permit allowing on-premise consumption except in a restaurant or on the premises of an entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body with a conditional use permit in accordance with and pursuant to Section 48. 4. The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on-premises consumption shall, on an annual basis, no later than the thirtieth day of the month following each 12 months of operation, file with the city secretary an affidavit, on an officially approved form provided by the city secretary, that reflects gross sales for the preceding 12 months breaking down the sales of food, alcoholic beverages and other items. The party shall also file on an annual basis, at the same time the affidavit is filed, a copy of the filing supplied to the State of Texas for sales tax and alcoholic beverage tax purposes. 5. The holder of a permit which allows for the sale of beer and/or wine only, shall not be permitted to offer any alcoholic beverage other than beer and/or wine on the subject property through any method, including but not limited to, catering. 6. Any party or entity within the "GV" Grapevine Vintage District or "CBD" Central Business District holding a state alcohol beverage commission permit allowing for the off-premise consumption of wine shall be required to offer for sale, on the premises, wine by the bottle or case for purchase. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 156 of 251 7. A certificate of occupancy shall be issued by the city's building inspection department at such time as the party complies with all aspects of this zoning ordinance and all other applicable ordinances. No certificate of occupancy may be assigned or transferred and same is valid only as to the recipient. No party may operate a restaurant or private club that is zoned pursuant to Sections 42.B and 49 of this ordinance without a valid and current certificate of occupancy. 8. (a) The city's building official, upon receipt of information from the city secretary that the holder of a certificate of occupancy under Section 42.B of this ordinance has failed to comply with one or more of the requirements, may cancel and terminate the party's certificate of occupancy by giving the party written notice that specifies the violation. The notice requirement from the city shall be satisfied by placing said notice in the United States mail addressed to the last address provided in the city by the entity or party that holds a certificate of occupancy. The notice from the city shall state that the certificate of occupancy shall be cancelled unless the party or entity corrects the violation within 30 days of receipt of the notice except as hereinafter set out. However, a party or entity that submits an annual report pursuant to Section 42.B.4. that does not satisfy the 50 percent requirements relating to food sales shall have the alternative of filing monthly reports for a period of six months. The monthly reports shall contain the same information and be in the same form as the annual reports except that said monthly reports shall reflect a cumulation of total sales for the preceding twelve-month period reflected in the annual report added to the monthly sales. (b) The party or entity submitting the monthly reports shall be deemed to have satisfied the Section 42.B requirements if the monthly reports on or before the final sixth month reports filing show total sales from food to be at least 50 percent of total sales. (c) Failure to file the monthly reports or failure to satisfy the food sales requirements by the end of the six-month period shall result in cancellation of the certificate of occupancy without the necessity of further notice. C. Secondary buildings: 1. A secondary building not exceeding one story in height may occupy not more than 60 percent of a minimum required rear yard. 2. A secondary building exceeding one story or more in height may occupy not more than 40 percent of a minimum required rear yard. 3. A secondary building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. Unless so attached, a secondary building in a residential district shall be located on the rear one-half of the lot and at least ten feet from any dwelling or building existing or under construction on the same lot or any adjacent lot. In all residential districts, a building or structure attached to the principal building or structure by only a breezeway having a maximum width of six feet shall be considered as being a detached secondary building or structure. No secondary building shall be located nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. In the case of a corner lot, no secondary building shall be located within any side yard required on the street side. A garage, detached from the main building, may be located no nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. 4. No swimming pool shall be located nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. Below-ground swimming pools may be located no nearer than six feet to the side lot line adjacent to the street. On corner lots that require a side yard to be the same as required for the front yard, pools shall be located no nearer than 15 feet to the side Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 157 of 251 lot line adjacent to the street. Swimming pools may be located nearer than ten feet from any dwelling or building existing, as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. 5. Play structures, including but not limited to tree houses, play houses, play forts, swing sets, jungle gyms, etc. where any portion of the structure exceeds eight feet in height above grade may only be placed behind the main structure, and shall be placed a minimum of six feet from any property line. 6. Accessory Dwelling Units a. General A. Must be located on the same lot as the primary (detached) dwelling unit. B. One (1) accessory dwelling unit is allowed per lot. C. Modular and/or manufactured housing units fabricated off-site are prohibited for use as an accessory dwelling unit. D. Limited to one (1) bedroom. E. Utility services must be on the same meter as the primary dwelling unit. F. The accessory dwelling unit cannot be leased, rented, or sublet separate and apart from the primary dwelling unit. b. Dimensional Requirements A. Maximum Building Height – one story, 16 feet. B. Maximum Building Area – 750 square feet. C. Minimum Separation from Primary Dwelling Unit – 10 feet. D. Must be located in the rear yard of the lot, behind the primary dwelling unit. E. Setbacks: 1. Internal lots – Setback a minimum of 15 feet from the side. 2. Corner lots – Setback a minimum of 15 feet from the side property line on the street- facing side and 25 feet from the rear property line. 3. Reverse frontage lots – Setback a minimum of 40 feet from the front property line, 40 feet from the side property line on the street-facing side, 15 feet from the side property line adjacent to the interior property line, and 25 feet from the rear property line. c. Architecture and Design Standards A. Accessory dwelling units must be: 1. Constructed of the same or similar exterior building materials and finishes as the primary dwelling unit; 2. Architecturally designed to be compatible with the primary dwelling unit and feature the same or similar roof pitch; floorplate height; types and placement of doors, windows, and other openings; other exterior finishes; material colors; and 3. Attached to an engineered permanent foundation per the adopted International Building Code, state law, and set on the ground. d. Access and Parking Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 158 of 251 A. Driveway access and off-street parking must be shared with the primary dwelling unit and may not be comprised of multiple detached driveways. B. Provide one (1) parking space behind the front building line of the primary structure in addition to the minimum parking requirements for single-family residents in Section 56, Off-Street Parking. D. Corner lots: On corner lots, the side yard on the street side shall be the same as required for the front, except on corner lots adjacent to a segment of a side street upon which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be 15 feet. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of 28 feet, nor to prohibit the erection of a secondary building on such lot where the regulation cannot be reasonably complied with. E. Height limits: Height limitations stipulated elsewhere in this ordinance shall be modified as follows: 1. Chimneys, water towers, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city. 2. On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from the street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation. F. Required yards: 1. Where the frontage or side yards facing one side of a street between two intersecting streets is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block. 2. If 30 percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, then the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half times the depth of front yard otherwise required. 3. The side, front and rear yard requirements for dwellings shall be waived where dwellings are erected above stores and shops. 4. The Planning and Zoning Commission may recommend and the City Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater setback depth. 5. The face (door) of a private garage, either attached or detached shall not be located closer than 20 feet to any side or rear lot line in any residential district. 6. When the owner of two or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines, he shall make application with the department of building inspection for a building permit and in the application he shall state which lots are involved, provide information which shows any easement, drainage swell, or other natural or manmade obstruction on or along the side yard lot line which is to be covered by the structure and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as to construction of a principal use structure or secondary use structure over an interior side yard lot line, the side yard setback requirements in all single-family zoning districts shall be waived and a building permit may be issued Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 159 of 251 for construction of a principal use structure over an interior lot line. In no event shall the exterior side yard setback requirements be violated and no more than one principal structure plus those secondary uses set forth in the above residential zoning districts shall ever be constructed upon two or more lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, no structure shall be constructed thereon nor shall it be added to another lot until it has been replatted to combine it with another lot or lots as permitted by Section 212, Texas Local Government Code. 7. The side and rear yard requirements for buildings or structures in any district adjacent to Dallas/Fort Worth International Airport property shall be waived. G. Projections into required yards: Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: 1. Cornices, eaves and sills not more than two feet into any required yard. 2. Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards. 3. Unenclosed covered patios used only for outdoor, recreational purposes and not as carports, garages, storage rooms or habitable rooms in the R-7.5, R-12.5, R-20 and the R-TH districts may be located no closer than six feet to any side yard property line nor closer than six feet to the rear property line. Unenclosed covered patios used only for outdoor, recreational purposes and not as carports, garages, storage rooms or habitable rooms in the R-5.0 district may be located no closer than six feet to the rear property line and shall have the side yard setbacks as required in Section 16.G.3. Unenclosed covered patios constructed within the required 25 foot rear yard setback of each district shall not be used as second story patios. The height of an unenclosed patio cover shall not exceed 15 feet. The height of an unenclosed patio cover shall be measured from the finished first floor of the residence to the highest point of the roof's surface if a flat surface, to the deck line of a mansard roof, and the mean height level between eaves and ridge for hip and gable roofs. In the case of a corner lot, patios shall be subject to the regular street side yard requirements of the district. Openings may be enclosed with insect mesh screening or plastic that is readily removable, translucent or transparent plastic not more than 0.125 inch in thickness. 4. Reserved. 5. An open fire escape not more than three and one-half feet into rear yards, provided that such structure does not obstruct ventilation or light. 6. Any fence, wall, hedge, shrubbery, etc., no higher than a base line extending from a point two and one- half feet above front walk grade to a point four and one-half feet above walk grade at the depth of the front yard, and single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery, etc., on the side street except that the City Council may by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not project more than five feet into the required side yard setback area. 7. No object or combination of objects, including but not limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain which cannot be removed by reasonable landscaping techniques including retaining walls constructed below or at the same grade line of said natural existing terrain shall be excluded from the objects otherwise prohibited by this paragraph. And said object or combination of objects, erected, placed, Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 160 of 251 planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between three feet above the top of the adjacent roadway curb and six feet above the top of the adjacent street curb, or if there is no curb then from the average street curb grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way line 20 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. Any object or combination of objects, placed, planted, or maintained is an obstruction constituting a traffic hazard. Any object or combination of objects, placed, planted or maintained in violation of this paragraph, shall be removed upon written notice by certified mail from the building official of the city, or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of the zoning ordinance. 8. No mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or motors of five horsepower or more installed in a residentially zoned district, P-O, CN, CC, C-OU, M-FW or in any industrial district under this ordinance shall be permitted in the required side yard or rear yard abutting a residentially zoned district. H. Right-of-way and easement dedication requirements: 1. Under the constitution and laws of the State of Texas and the provisions of this ordinance, the zoning power of the city is hereby exercised for the purpose of promoting the health, safety, morals and general welfare of the general public under a comprehensive plan designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements, and the City Council finds that the transportation, water, sewerage, drainage and public utility facilities are not adequate to lessen congestion in the streets, to secure safety from fire and panic, to prevent unsanitary conditions, to provide adequate light and air, prevent the overcrowding of land, to avoid undue concentration of population, facilitate the adequate provision of transportation, water drainage, sewerage and other public requirements in the area zoned herein should any portion of said area be developed for residential or professional or commercial or industrial or agricultural or amusement or airport purposes and uses or a combination of any of said purposes and uses and the city shall regulate the use of all of the property rezoned herein in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, drainage, sewerage, and other public requirements and in so regulating the use of said property does hereby require that prior to the issuance of a building permit and certificate of occupancy that the primary means of access have a minimum right-of-way width along the entire frontage of the property as follows, and further, if property should be a corner lot, said property shall have access to both streets having a minimum right-of-way width prior to issuance of a building permit and certificate of occupancy as follows (corner lots shall be considered to front on each street for purposes of determining minimum right-of-way): Residential Minimum right-of-way centerline to front property line Minor street 25 feet Secondary street 30 feet Major street 50 feet Multifamily Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 161 of 251 Minor street 30 feet Secondary street 40 feet Major street 50 feet Commercial Minor street 30 feet Secondary street 40 feet Major street 50 feet Retail Minor street 30 feet Secondary street 40 feet Major street 50 feet Industrial Minor street 30 feet Secondary street 40 feet Major street 50 feet Before the issuance of a building permit and certificates of occupancy, the owner shall cause to exist right-of-way for drainage, sewerage, water and utility as the director of public works shall determine to be reasonable and necessary to facilitate adequate provision for water, sewerage, drainage and utilities. 2. Nothing in the above provision shall be interpreted as requiring the dedication of property. 3. In order to secure the safety from fire, panic and other dangers and to facilitate the adequate provision of transportation, water, sewerage, drainage, public utilities and prevent unsanitary conditions, prior to the issuance of a building permit, the director of public works shall determine whether or not the owner of land zoned herein must file a plat showing existing and proposed watercourses, drainage, drainage ditches, widths and dimensions of proposed street or streets, alleys, easements, drainage facilities, lot lines, building setback lines, topographical information with contours at an interval of one foot referred to city data with reference to bench marks where available, which contours shall fall within the one-third of a contour interval of their true location although contour intervals of five feet may be allowed if the terrain is steep enough to warrant these intervals as well as other information reasonably required by the director of public works to determine the safety and effect of the proposed development and construction on the citizens of the City of Grapevine. No building permit shall be issued until the director of public works has either approved said plat or determined a plat is not required. I. Electric vehicle charging station requirements: 1. A permit from the Building Services Department is required for the construction, replacement or installation of an EV charging station in non-residential and multifamily districts or installation of electrical equipment for the purposes of charging an electric or hybrid vehicle in a residential dwelling. 2. EV charging stations must be in addition to required parking spaces. 3. All signage associated with the charging stations must be approved as part of the Conditional Use Permit. 4. No off-premise signage, through installation of changeable copy screens or devices are permitted within, on, adjacent to, or associated with an EV charging station. 5. EV charging stations may not be located immediately adjacent to public rights-of-way, and must be located internal to a property. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 162 of 251 6. If installed within 50 linear feet of an adjacent residential use or district, screening must be provided and consistent with Section 50, Subsection B.1., Location of Required Screening. 7. All charging stations must be setback a minimum of 20 feet from adjacent property lines when immediately adjacent to a residential use or district. 8. EV supply equipment including feeders and distribution equipment shall be placed and operated from underground electric sources and not from electric poles. Transformers, switch gears, and other required electrical components shall be pad mounted. 9. Every application and permit for an EV charging station must include a utility will-serve letter from the local electric delivery company detailing their ability to serve the site. 10. Emergency power shut-off and parking structure prohibition requirements shall be regulated by the building and fire codes adopted by the City. In any case where there is conflict between ordinance and code, the most restrictive requirement shall apply. J. Customary home occupation requirements: 1. The home occupation shall be clearly secondary to the residential uses of the dwelling and there may be no evidence of the home occupation visible to the neighborhood. 2. There shall be no structural alteration to the premises/building or any of its rooms, which changes the residential character of the dwelling. 3. There shall be no installation of machinery or additional equipment other than customary to household operations. 4. No person other than a member of the family of the owner or the resident of the dwelling shall be employed or work in such home occupation and such employees must also be occupants of the residence. 5. A home occupation may not create noise, vibration, glare, fumes, odors, or electrical interference which is detectable off of the premises, and may not cause visual or audible interference in radio or television receivers or fluctuations in line voltage off of the premises. 6. A home occupation must be carried on wholly within the principal dwelling, and not in a secondary building. 7. No signs or displays advertising the home occupation may be placed on the property where the home occupation is conducted. 8. Any activity conducted on the premises shall be of such a nature as to not appreciably increase the vehicular traffic or pedestrian activity in the neighborhood, and shall not encourage queues, browsing of displays, or any similar activity. 9. Outside storage of merchandise or equipment is prohibited. 10. Parking for the home occupation must be provided on a paved surface off of the street and not in a required front yard. 11. A customary home occupation shall not include the physical or medical treatment of persons or animals, retail sales, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting. 12. Sales of motor vehicles shall be limited to a maximum of two vehicles per calendar year. K. Solar panel systems: An applicant’s submittal for a building permit, and electrical permit, for locating a solar panel system within the City must demonstrate compliance with the following standards: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 163 of 251 1. Permit Required. All solar panel systems shall comply with the current adopted International Building Code and International Fire Code, as amended, except to the extent a solar pergola or solar panel system is exempt pursuant to Texas Local Government Code Section 214.221 and 229.101. 2. Solar Pergolas. Solar pergolas are subject to Secondary Use regulations in R-20, R-12.5, R-7.5, R-5.0, R- 3.75, R-TH, R-MF, and R-MODH residential districts, except to the extent said regulations conflict with Texas Local Government Code Section 214.221 and 229.101. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-39, § 1(A), 8-20-85; Ord. No. 87-58, § 1(C), 9-15-87; Ord. No. 88-56, § 1(E), 8-16-88; Ord. No. 88-81, § 1(A), 11-15-88; Ord. No. 89-53, § 1(E), (F), 7-18-89; Ord. No. 90-79, § 1H.—J., 12- 18-90; Ord. No. 91-48, § 1, 7-16-91; Ord. No. 98-115, § 1B, 9-15-98; Ord. No. 2005-14, § 1E, 2-15-05; Ord. No. 2013-56, § 2, 12-17-13; Ord. No. 2014-36, § 1, 6-17-14; Ord. No. 2015-009, § 1, 1-20-15; Ord. No. 2016-083, § 2, 10-18-16; Ord. No. 2020-013, § 2, 2-18-20) Sec. 43. Nonconforming Uses and Structures. Hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations: A. Types of nonconformity: Any use of land or buildings which does not conform to use regulations prescribed in this ordinance shall be deemed to be a nonconforming use. B. Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height, floor area ratio on conforming status. A nonconforming status under the provisions of this ordinance shall exist: 1. When a use or structure, which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located, and operating on the effective date of this ordinance and has since been in regular and continuous use. 2. When a use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City of Grapevine and has since been in regular and continuous use. C. Registration of nonconforming uses: The operator, owner, or owners of all nonconforming uses of land or buildings shall, within 18 months of the effective date of this ordinance, register such nonconforming use by obtaining from the building official a certificate of occupancy (nonconforming). Such certificate of occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted to an illegal use or violation of this ordinance. The building official shall maintain a register of all certificates of occupancy issued for nonconforming uses and shall, on written request and payment of a fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. A nonconforming structure need not be registered. D. Termination of nonconforming uses: 1. It is the declared purpose of this ordinance that nonconforming uses be eventually discontinued and the use of the premises be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming uses. 2. A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. 3. The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 164 of 251 (a) Whenever a nonconforming use is abandoned, all nonconforming rights shall cease, and the use of the premises shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six months shall be considered to have been abandoned. (b) The violation of any of the provisions of this ordinance or violation of any ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. (c) Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district. (d) Whenever a nonconforming use is changed to a conforming use under the provision of this section. (e) Whenever the structure, in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than 60 percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate. (f) The right to maintain or operate a nonconforming use may be terminated by the Board of Zoning Adjustment in accordance with the provisions of Section 67A of this ordinance. 4. Amortization of nonconforming uses or structures. (a) First public hearing. Upon direction by the City Council, the Board of Zoning Adjustment shall hold a public hearing to determine whether the continued operation of the nonconforming uses will have an adverse effect on nearby properties or the community welfare. Notice of the public hearing shall be in the manner established in Section 67.B.3.(a). (b) In determining whether the continued operation will have an adverse effect on nearby properties or the community welfare, the Board of Zoning Adjustment shall consider the following factors: (1) The Comprehensive Plan; (2) The character of the surrounding neighborhood; (3) The degree of incompatibility of the use with the zoning district in which it is located; (4) The manner in which the use is being conducted; (5) The hours of operation of the use; (6) The extent to which continued operation of the use may threaten public health or safety; (7) The environmental impacts of the use’s operation, including, but not limited to, the impacts of noise, glare, dust, and odor; (8) The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use; (9) The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 165 of 251 (10) Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. (c) If the Board of Zoning Adjustment determines that the nonconforming use has an adverse effect on nearby properties or the community welfare, it shall hold a second public hearing to set a date for compliance. The Board of Zoning Adjustment shall have the authority to request the owner to produce financial documentation and/or records to the factors listed in Section 43.D.4.(e), below. The owner shall provide said documents and/or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board of Zoning Adjustment is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public or expert testimony at the hearing. Failure by the owner to provide the requested financial documents and records shall not prevent the Board of Zoning Adjustment from setting a compliance date. (d) Second public hearing. Notice of the public hearing shall be in the manner established in Section 67.B.3.(a). (e) The Board of Zoning Adjustment shall, in accordance with Section 211.019 of the Texas Local Government Code, as amended, utilize the procedures and owner or lessee compensation criteria contained in said section in the event the City determines that a nonconforming use of property shall cease. (f) Ceasing operations. If the Board of Zoning Adjustment establishes a compliance date for a nonconforming use, the use must cease operations on that date, and it may not operate thereafter unless it becomes a conforming use. (g) Decisions that cannot be immediately appealed. A decision by the Board of Zoning Adjustment that the continued operation of a nonconforming use will have an adverse effect on neighboring property or the community welfare and the Board of Zoning Adjustment’s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed. (h) Decision to deny a request to establish a compliance date. A decision by the Board of Zoning Adjustment to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Texas Local Government Code. (i) Decision setting a compliance date. A decision by the Board of Zoning Adjustment setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Texas Local Government Code. (j) Nothing in this section shall prevent the City and the property owner(s) of such nonconforming use from mutually agreeing upon a compliance date and memorializing such agreement in writing, to be approved by the City Council and said property owner(s) and filed in the real property records of Tarrant County. E. Changing nonconforming uses: 1. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use. 2. The Board of Zoning Adjustment may grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted, or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 166 of 251 not tend to prolong the life of a nonconforming use. Upon review of the facts in accordance with Section 67A, the Board of Zoning Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 3. The Board of Zoning Adjustment may approve the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board of Zoning Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. F. Limitation on changing nonconforming uses: No nonconforming use shall be changed to another nonconforming use, which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the requirements of Sections 55 and 56. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing on the effective date of this ordinance. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Zoning Adjustment. All nonconforming uses being expanded under the provisions of this ordinance shall comply with the other applicable provisions of this ordinance. G. Termination of nonconforming structures: 1. In the event of damage or destruction of a nonconforming structure to the extent of 60 percent of the replacement cost of such structure on the date of such damaged, such nonconforming structure may be rebuilt only after public hearing and favorable action by the Board of Zoning Adjustment as provided by Section 67A. 2. Whenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the Board of Zoning Adjustment, the right to operate, occupy, or maintain such structure may be terminated by action of the Board of Zoning Adjustment as provided in Section 67A and such structure shall be demolished. H. Special regulations for public and denominational schools: All public schools, denominational schools having a curriculum equivalent to public elementary or secondary schools, and all secondary buildings and structures normally associated therewith, including stadiums and fieldhouses, which are built and existing on the effective date of this ordinance, shall be considered as conforming to the provision of this ordinance. In the event such school building has been constructed with lesser front yards, or rear yards, or with greater coverage, or floor area ratio than herein specified, such building may be altered, remodeled, enlarged, or increased in height but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor area ratio than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the building code. I. Right-of-way acquisition by governmental agency: 1. Exemption permitted. In the event a right-of-way acquisition by a governmental agency causes a property or its existing improvements to be in violation of a city zoning ordinance, subdivision rule, or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition, subject to the following: (a) Zoning change. (1) The exemption shall not apply to a property that undergoes a zoning change initiated by the property owner subsequent to the right-of-way acquisition; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 167 of 251 instead, the property shall have a non-conforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning, and shall be treated as a nonconforming use or structure pursuant to the city's comprehensive zoning ordinance. (2) A zoning change initiated by the city shall not cause a property to lose the exemption provided by this section for property affected by right-of-way acquisitions. (b) Safety hazard. Nothing in this provision shall be construed to permit any site element to create a traffic safety hazard or another life safety hazard. (c) Compensation for noncompliance. (1) The exemption shall not apply to property if the right-of-way acquisition renders the remainder of the property unusable, and the governmental agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary to bring the property in compliance with city codes, ordinances, and regulations. (2) The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures curative of the violation of city codes or ordinances caused by the right-of-way acquisition. (3) For property ineligible for an exemption under this subsection (c), the Director of Planning Services is authorized to: a. Provide notice to any affected property owner, lienholder, and/or certificate of occupancy holder, listing any items of noncompliance; and b. File an affidavit in the Tarrant County Deed Records noting the item(s) of noncompliance, advising that compensation was paid for such noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, the planning director shall file an affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under this subsection (c), the building official is authorized to revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation. (5) The building board of appeals commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or structure on property ineligible for an exemption under subsection (c)(1). 2. Effective date. The provisions of this section shall apply to any property acquired by eminent domain after January 19, 2010. 3. In the event that a 2010 right-of-way acquisition by a governmental agency necessitates the alteration or redevelopment of an off-premise advertising sign existing in whole or in part and fronting on State Highway 114, City Council may approve such alteration, and any other alterations, enlargements, or remodeling deemed appropriate through a conditional use permit. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 168 of 251 (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 2010-02, § 2, 1-19-10; Ord. No. 2015-053, § 2, 9-15-15; Ord. No. 2018-044, § 2, 5-15-18) Sec. 44. Reserved. Sec. 45. Concept Plans. A. Purpose: The concept plan is intended to provide the Planning and Zoning Commission and the City Council with the information and data that is necessary to assess the merits of requests for rezoning. B. When required. Approval of a concept plan shall be required in connection with a request for rezoning of any specific parcel of land when requesting zoning for the following zoning districts: R-3.5, R-3.75, R-5.0, R-MF, R- TH, R-MH, R-MODH, P-O, CN, CC, CBD, G-V, HCO, HC, LB, LI, BP, RA, or when a plat (preliminary, final or replat) is filed unless one has been approved with a zone change request. C. Content of concept plan: A concept plan shall include all of the following information in graphic representation or written document as appropriate, and shall be prepared by a registered architect, registered engineer or registered surveyor. 1. Legal description and a survey or plat certified by a registered land surveyor, showing date, scale, north point, property boundary lines, dimensions and easements. 2. Applicant's name and address and their legal interest in the subject property. 3. Owner's name and address, if different from applicant, with owner's signed consent to the filing of the application. 4. Zoning classification and present use of subject property. 5. Land use designation as contained in the Comprehensive Master Plan. 6. Conceptual representation of proposed use. 7. Conceptual representation of vehicular circulation within the subject site. 8. Conceptual representation of points of connection to the public right-of-way. 9. Computation of proposed number of dwelling units and the total acreage for residential use and the approximate square footage of building, by type, for nonresidential use. 10. Conceptual landscaping and buffer plan. 11. Description of how essential public services, including water, sewer, drainage and solid waste, will be provided. 12. Description of any proposed grading, regrading or fill that is proposed on the subject site. 13. Maximum number of parking spaces. 14. Other information the applicant and/or owner might wish to include. 15. The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the proposed rezoning. 16. Street address (or common description) of the property. 17. A graphic rendering of the existing site conditions, which depicts all significant natural, topographical and physical features of the subject property including contours; location and extent of tree cover; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 169 of 251 location and extent of water courses, marshes and flood plains on the subject property; and, existing drainage patterns. 18. Vicinity map indicating the area in which the property is located. 19. Any other information that may be required by the Director of Planning Services deemed necessary. 20. A tree preservation permit may be required by the Planning and Zoning Commission or the City Council in accordance with Section 52.D.1. The tree preservation permit shall be in accordance with Section 52.E. Each applicant shall file one mylar and two blueline copies of all conceptual or graphical representations required herein, in a size sufficient to clearly show all information required, and a copy reduced to 11" × 17", and other necessary copies of written documents. D. Effect of concept plan. All subsequent site plans shall conform to the concept plan approved with the zoning application or plat. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 84-73, § 2, 9-18-84; Ord. No. 85-85, § 1(A), 12-17-85; Ord. No. 93-53, § 2(E), 10-19-93; Ord. No. 96-59, § 1.A., 8-6-96; Ord. No. 2011-33, I.E, 7-19-11) Sec. 46. Approval of Master Development Plans. A. Authority. The City Council may approve from time to time, by ordinance duly enacted, Planned Developments in the PRD-6, PRD-12, PCD, and PID Districts; provided, however, that no such development shall be approved except in accordance with procedures established in this ordinance. B. Purpose. Development within a Planned Development District, other than with such uses as are permitted as a matter of right, shall be permitted only in accordance with an approved Master Development Plan. The Master Development Plan shall clearly indicate how the proposed development would comply with the city's Comprehensive Master Plan and would be consistent with the standards and purposes of the district applied for. In addition, the Master Development Plan should be designed to ensure that the following general goals will be achieved. (1) Residential planned developments shall not exceed the density permitted by the adopted comprehensive plan. (2) The planned development shall be of such design that it will result in a development achieving the stated purposes of the planned development district more than would development under a conventional zoning district. (3) The planned development shall efficiently utilize the available land, and shall protect and preserve to the extent possible all scenic assets and natural features such as trees, streams and topographic features. (4) The planned development shall be located in an area in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed; provided, however, that the applicant may make provision for such facilities or utilities which are not presently available. The Master Development Plan is intended to provide the opportunity to submit a plan which will enable the city: to assess the desirability of particular development; to determine whether adequate public facilities can be provided; and, to measure the impact on present and future development in a given area of Grapevine. It is also intended to allow the developer to request approval for a master plan of development without incurring Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 170 of 251 substantial planning and engineering costs. A public hearing is required prior to any official action by the city to allow the public the opportunity to comment on the proposed Master Development Plan. C. Contents of a Master Development Plan. In order to assist in the review of applications for planned development districts, the developer shall be required to submit a Master Development Plan, in accordance with the procedures established in this Section 46. All maps or plans submitted as part of a Master Development Plan shall be at an appropriate scale of not less than one inch to 200 feet and shall be presented on a sheet having a maximum size of 24" × 36". An 8½" × 11" reduced copy shall also be filed. If presented on more than one sheet, match lines shall clearly indicate where the several sheets join. The Master Development Plan shall include the following, in addition to any other information that the city or the developer may deem necessary to evaluate the impact of the proposed development on the surrounding areas. (1) The applicant's name and address and his interest in the subject property. (2) The name and address of the persons or firms that have a fee simple interest in the subject property, if different than the applicant, and the owner's, or owners', signed consent to the filing of the application. (3) The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development. (4) The names and addresses of any person whose interest in the applicant or the property in question would be a conflicting interest within the meaning of the provisions of Texas Local Government Code Section 171.002 et seq. (5) The legal description of the subject property. (6) The zoning classification and present use of the subject property and the Planned Development District classification which is requested by the applicant. (7) A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, existing structures, available utilities, and easements on the subject property. (8) A statistical tabulation and summary of the following information: (a) The maximum number of dwelling units proposed by type of structure; (b) The maximum amount of square feet of building floor area proposed for commercial use and for industrial uses, by general type of use; (c) Total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses by types of structures, commercial uses, industrial uses, public and private open space, streets, and off-street parking and loading areas; (9) An aerial photograph at a scale of 1" =200' showing the boundaries of the proposed development district. (10) Map(s) delineating the existing physical characteristics of the site, including: (a) Topography at contours not more than ten feet; (b) Slopes of 15 percent or more; (c) Water courses, drainage ways, ponds, lakes and bodies of water; (d) Vegetation and tree cover; (e) Marshes and flood plains, including the delineation of 100-year flood plain, if applicable; (f) Drainage patterns; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 171 of 251 (g) Other physical features that may affect the development of the property that the developer may wish to provide. (11) A mapped and written description of the proposed development plan describing the following features of the project: (a) A general land use plan with a description of the type, location and nature of land use within each area of the development; (b) Proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed right-of-ways, travel lanes, and other transportation improvements; (c) Generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, fire protection and similar essential services; (d) A generalized landscape plan for the buffer and perimeter areas of the development; (e) A delineation and description of the minimum open space areas, including the buffer, and perimeter area; (f) A description of screening and berming adjacent to existing residential areas; (12) A written statement generally describing the proposed planned development; its relationship to the Comprehensive Master Plan; and how the proposed planned development is to be designed, arranged and operated in order to comply with the intent and policies of the Comprehensive Master Plan. The statement shall include a description of the applicant's planning objectives, the approaches to be followed in achieving those objectives and the rationale governing the applicant's choices of objectives and approaches. (13) A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development. (14) If the planned development is proposed for construction in stages or units during a period extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted, stating the approximate beginning and completion date for each such stage or unit, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such stage; and the overall chronology of development to be followed from stage to stage. (15) A proposed schedule for the provision of the required minimum open space, buffer, and perimeter areas. (16) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or commitment for title insurance. (17) When the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted. (18) Copies of any restrictive covenants that are to be recorded with respect to property included in the Final Master Development Plan. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 172 of 251 (19) Data that determines the potential traffic impacts indicating the estimated amount of vehicular traffic that will be generated by the development, the capacity of external roads to handle site traffic, and a description of the traffic impact of the proposed development. (20) A written or graphic statement indicating how adequate essential services will be provided for the development. Essential services will include such items as roads, storm and surface drainage systems, potable water service, wastewater treatment and disposal service, solid waste disposal, emergency medical service, police service, and fire protection service. These, and similar essential services, shall be available prior to occupancy of any buildings and structures within a Planned Development District, and shall have adequate capacity to provide for the needs of the development. These essential services may be staged in accordance with the approved phased steps of the development within the Planned Development District provided that each stage, or phase, is adequate for that level of development, and conforms to an overall plan for essential services for the district. If existing capacity is unavailable, conditional approval may be granted by the City Council if the applicant of the Master Development Plan can demonstrate that (1) there is a feasible plan to expand the capacity of the affected essential services so that the enlargement or extension of such systems will not result in a higher net public cost or earlier incursion of public cost as delineated in the city's capital improvements program; or (2) if the applicant will provide private facilities, utilities or services, approved by appropriate public agencies, and assure their satisfactory and continuing operation until similar public utilities, facilities and services are made available; or (3) make provision acceptable to the city for off-setting any added net public cost or early commitment of public funds made necessary by such development; or (4) the applicant can demonstrate that essential services will be available prior to their request for a building permit. D. Procedure. (1) Initiation. An application for an amendment to reclassify property in a PRD-6, PRD-12, PCD or PID District and to approve a Master Development Plan for such property may be filed by the owner of, or any person having a contractual interest in and the consent of the owner of, the subject property. (2) Pre-application conference. Prior to filing any application for approval of a reclassification amendment and a Master Development Plan, the prospective applicant shall by letter request a pre-application conference with the director of public works and the city staff. Such request shall include a brief and general description of the nature, location and extent of the proposed planned development. The purpose of the pre-application conference shall be to assist the applicant in preparing a request for Preliminary Master Development Plan approval that conforms as nearly as possible to the requirements of this ordinance and the other ordinances and regulations of the city that will be applicable to the proposed development. (a) No applications may be submitted to or accepted by the Director of Public Works, or a designee, during the pre-application conference. (3) Optional concurrent submission of a site plan. The applicant may, at his option, submit a site plan for the proposed planned development simultaneously with the submission of the Master Development Plan. In such case, the applicant shall comply with all provisions of this ordinance applicable to submission of the Master Development Plan and to submission of a site plan. The Planning and Zoning Commission and the City Council shall consider such plans simultaneously and shall grant or deny Master Development Plan and site plan approval in accordance with the provisions of this ordinance. (4) Certification of application. Upon receipt of an application for approval of a Master Development Plan, the director of public works shall review the application to determine whether it is complete and if it is, the director shall certify that the application is complete. If the director determines that the application Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 173 of 251 is not complete, he shall notify the applicant, in writing, of the respects in which the application is deficient. (5) Staff review and comment. Upon certification by the director of public works that an application for Master Development Plan approval is complete, the director shall request review and comment on the proposed development by the city staff and any other federal, state, county, or local governmental agencies as the director may determine to be affected by, or potentially interested in, the proposed development comments on the proposed Master Development Plan shall be filed with the director within 30 days of the date of certification that the application is complete. The director shall transmit all such comments, together with his comments and recommendation to the Planning and Zoning Commission within 45 days of the date that the Master Development Plan application has been certified to be complete. (6) Public hearing. A joint public hearing before the Planning and Zoning Commission and the City Council on the proposed Master Development Plan shall be set, advertised and conducted by the Planning and Zoning Commission in accordance the provisions of Section 67 of this ordinance relating to amendments within 45 days after the director of public works has certified that the application is complete. At such public hearing the applicant shall submit the proposed development plan for review by the commission together with such supporting testimony and documentation as he may believe necessary or desirable. The members of the public shall have the opportunity to comment on the proposed plan and submit such testimony and documentation with respect thereto as they may believe to be necessary or desirable. (7) Action by Planning and Zoning Commission. Within 15 days following the conclusion of the public hearing, the Planning and Zoning Commission shall consider the application and all comments, recommendations and submissions with respect to it and shall transmit to the City Council its findings and recommendation that the proposed Master Development Plan either be approved, be approved subject to modifications, or not be approved. Such recommendation shall be accompanied by the comments and recommendations of the director of public works and all other comments with respect to the proposed development that have been filed with the director. In considering the Master Development Plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by, and shall in its report specifically address, the standards made applicable to the proposed planned development by the applicable Planned Development District regulations of this ordinance. The failure of the Planning and Zoning Commission to act within 15 days following the conclusion of such hearing, or such longer period as may be agreed to in writing by the applicant, shall be deemed a recommendation for the approval of the Master Development Plan as submitted. (8) Action by City Council. Within 15 days following the receipt of the report of the Planning and Zoning Commission, or its failure to act as above provided, the City Council shall either refuse to approve the proposed Master Development Plan; shall refer it back to the Planning and Zoning Commission for further consideration of specified matters; or, shall, by ordinance duly adopted, approve the Master Development Plan, with or without modifications to be accepted by the applicant as a condition of such approval. An application for approval of a Master Development Plan shall not be denied solely on the ground that it contains a mixture of different types of residential units. In the event the City Council shall fail to act within the time limit herein specified, or the applicant declines to accept the modifications requested by the City Council, the Master Development Plan shall be deemed finally denied. In any case where the proposed Master Development Plan is resubmitted to the Planning and Zoning Commission, the commission shall undertake further consideration of the plan with the applicant and file its further recommendation with the City Council pursuant to subsection D.7. above within 30 days of such resubmittal. (9) Notice of action. Within seven days of the City Council's action, or its failure to act as above provided, the director of public works shall mail notice thereof to all parties of record to the public hearing. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 174 of 251 (10) Reapplication after denial. If the City Council has refused to approve a Master Development Plan, a subsequent application for approval of substantially the same plan may not be refiled until at least 12 months have elapsed since the action of the City Council in refusing to approve the said Master Development Plan. E. Rights of applicant. (1) Action by applicant. In the event a Master Development Plan is approved, or approved with modifications acceptable to the applicant, the applicant may proceed to file a site plan in accordance with the provisions of Section 47 of this ordinance. In any case where a site plan has been submitted for processing concurrently with a Master Development Plan and approved, the applicant may proceed to submit a subdivision plat and make application for such other permits as may be necessary for grading and for installation of utilities for streets. (2) Effect of Master Development Plan approval. Unless the applicant fails to proceed with development in accordance with the approved Master Development Plan or in any other manner fails to comply with any condition of this Section or any approval granted pursuant to it, a Master Development Plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired by any action of the city without the consent of the applicant. F. Action by applicant after approval. The approval of a Master Development Plan for a planned development shall not be considered to be final until the applicant has, prior to filing an application for site plan approval and building permits, filed with the public works director a written statement agreeing to proceed with the proposed development according to the approved Master Development Plan and any conditions attached thereto, and to bind the successors-in-title to any commitments made for Master Development Plan approval. Upon receipt of such written statement, the approved Master Development Plan shall be filed in accordance with Section 46.G. G. Filing and recording. When a Master Development Plan is approved, the public works director shall, within ten days of its approval, file a copy of the entire Master Development Plan in the permanent records of the department of public works of the City of Grapevine and in the deed record office for the county in which the property is located. All fees in connection with such filing and recording shall be paid, in advance, by the applicant. H. Designation of Planned Development District on Official Zoning Map. Following approval of a Master Development, the director of public works shall cause the property included in the plan to be shown on the Official Zoning Map as "Planned Residential District (or Planned Commercial or Planned Industrial District, as the case may be) No. _______ approved by Ordinance No. _______." I. Time limit on Master Development Plan Approval. Within three years after the approval of a Master Development Plan, construction shall commence in accordance with such approved plan. If construction does not commence within three years, the city may rescind the approval of the Master Development Plan, or, on request by the applicant, may extend the time for commencement of construction for an additional year. If the applicant, or his successor, fails to commence construction within four years the approval of the Master Development Plan shall expire. If approval of a Master Development Plan expires or is rescinded, any permits issued pursuant to the Plan shall be revoked by the director of public works. In the event approval of a Master Development Plan expires or is revoked, the property shall retain its planned development district classification but except for such development that is permitted as a matter of right, no development shall take place unless a new Master Development Plan has been approved. J. Successors in interest. Master Development Plan approval shall be binding upon the applicant, the owner or owners, and their successors in interest. K. Inspections during development. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 175 of 251 (1) Inspections by director of public works. Following Master Development Plan approval of a planned development, or a stage thereof, the director of public works or his deputy shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule and file his report with respect thereto with the City Council and the Planning and Zoning Commission. (2) Action by director of public works. If at any time the director of public works finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the Master Development Plan, he shall immediately notify the City Council of such fact and issue an order stopping any and all work on the planned development until such time as any noncompliance is cured. (3) Action by City Council. Within 30 days of such notice, the council may: (1) after a public hearing has been held pursuant to subsection D.6. above, revoke, by ordinance, the Master Development Plan approval; (2) take such steps as it shall deem necessary to compel compliance with the Master Development Plan as approved; or, (3) require the owner or applicant to seek an amendment of the Master Development Plan, as provided in subsection M below. L. Regulation during and following completion of development. Following Master Development Plan approval, the Master Development Plan, rather than any other provision of this ordinance, shall constitute the zoning regulations applicable to the subject property. M. Amendments to master development plan. An approved Master Development Plan may be amended, varied or altered in the same manner, and subject to the same limitations, as that established by this Section for its original approval provided that site plan review and approval pursuant to Section 47 of this ordinance shall be required in connection with any such proposed amendment, variance or alteration. N. Dedication and reservation of land for public use. Such land as may be required for public streets, parks, schools and other public uses shall be dedicated in accordance with the requirements of the City Subdivision Code, adopted Comprehensive Master Plan or other city plans or policies that may be applicable. The land to be dedicated shall be clearly identified on the Master Development Plan and any subsequent site plans required as part of this ordinance. Whenever such dedication is a condition of Master Development Plan approval the applicant shall be credited with the density associated with such dedication and the city shall permit transfer of the density to remaining portions of the subject site. In the event any area is dedicated for public park purposes or other public open space, that area shall be credited to the minimum open space requirements required in the planned development district in which the property is located. (Ord. No. 84-16, § 2(D), 4-9-84) Sec. 47. Site Plan Review. A. Applicability. Site plans, prepared and approved in accordance with the provisions of this section, shall be required to assist the Planning Services department in the review of certain applications for building permits, to assure compliance with all applicable requirements and standards of this ordinance, and in such other instances as may be required by the terms of this ordinance. Whenever a site plan is required by this section, or any other provision of this ordinance, the city shall not issue any building permit until a site plan, which is in compliance with the applicable zoning district regulations, is approved. B. Authority. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 176 of 251 1. The Director of Planning Services shall, subject to the procedures, standards and limitations hereinafter set forth, review and approve site plans for those uses listed under Section 47.C.1—C.5 of this ordinance. 2. Any site plan that is required by Section 47.C.6 of this ordinance shall not be approved until: a. The Director of Planning Services has reviewed the site plan and made a report to the Planning and Zoning Commission, with respect of whether the plan complies with codes and ordinances of the city; b. The Planning and Zoning Commission has received the site plan and made a recommendation to the City Council with respect to whether the site plan is in substantial conformity with the approved master development plan for this property; and c. The City Council has reviewed and approved the site plan as being in substantial conformity with the approved master development plan. 3. Any site plan that is required by Section 48 of this ordinance shall not be approved until a conditional use permit has been authorized by the City Council. C. Development and uses requiring a site plan. Site plan review and approval, in accordance with the provisions of this section, shall be required for the following developments and uses. 1. Any permitted, secondary, or conditional use in the following residential districts: R-3.5, R-3.75, R-TH, R-MF. 2. Any permitted, secondary, or conditional use in the following commercial districts: LB, GV, CN, CC, HC, PO, HCO and RA. 3. Any permitted, secondary, or conditional use in the following industrial districts: BP and LI. 4. Any development or redevelopment within the airport noise overlay districts. 5. All permitted, secondary, and conditional uses in the governmental use (GU) district. 6. All development in the PRD-6, PRD-12, PCD and PID districts, except single-family detached dwellings and their related secondary uses and structures. Any site plan issued in connection with a planned development district must be in conformance with the approved master development plan for that district. 7. Any permitted, secondary, or conditional uses in the Historic Grapevine Township District. D. Exempt development. The following activities and uses shall not require compliance with this section, unless otherwise required by this ordinance: 1. Construction of a single-family detached dwelling on an existing or platted single-family lot, except for single-family dwellings in the Historic Grapevine Township District. 2. Construction of any permitted secondary use to a single-family dwelling on an existing or planned single-family lot, except for single-family dwellings in the Grapevine Township District. 3. Deposit and contouring of fill on land, provided other regulations of the City of Grapevine are met. 4. Additions to any buildings or use, legally existing at the date of this ordinance, when such addition does not exceed 200 square feet or one-third of the gross floor area of the existing building or use, whichever is greater. This exemption does not apply to additions to buildings in the HGT District. 5. Any permitted use of a temporary nature for a period not to exceed one year. E. Contents of site plan application. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 177 of 251 1. Whenever a site plan is required under subsection C, the application for site plan approval shall include the following information and material: (a) Site plan application: (1) The applicant's name and address and his legal interest in the subject property. (2) The owner's name and address, if different from the applicant, with the owner's signed consent to the filing of the application. (3) Street address and legal description or a metes and bounds of the property on an 8½ by 11- inch sheet of paper. (4) The zoning classification and present use of the subject property. (5) The general description of the proposed use or uses for the proposed development. (6) The copy of the final plat or replat of the approved subdivision by City Council showing property boundary lines and dimensions; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property. (7) If the property is subject to a master development plan a statement showing that the proposed use substantially conforms to the master development plan. (b) Site plan requirements. (1) All site plans submitted in conjunction with a conditional use, Section 48 or a special use, Section 49 shall be drawn by a registered surveyor, registered architect, or registered engineer. (2) The site plan shall include the name of the site plan, submittal date, case number(s), scale, north point, name of owners, and name of person preparing the site plan, consecutive sheet numbers and a vicinity map. (3) Location of existing boundary lines and dimensions of the tract. (4) Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at least, existing soil conditions, watercourses, marshes, trees in excess of four inches in diameter, rock outcroppings and existing contours in excess of two feet in 100 feet. (5) Locate centerline of existing watercourses, drainage features and floodway and drainage easements. (6) Map(s) showing the location, dimension, use and arrangement of all proposed buildings and computations in a chart form showing the amount required and provided: height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and number and size of dwelling units, and number of bedrooms, in residential uses, and building separations. (7) Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure. (8) Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets, and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including type of surface material, slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 178 of 251 (9) Location and size of existing and proposed streets and alleys with location of all street medians and intersections adjacent to the area of request. (10) Copy of Permit to Construct Access Driveway Facilities on Highway Right-of-Way issued by the Texas State Department of Highways and Public Transportation. (11) The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations. (12) All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow. (13) Location, size and arrangement of all outdoor signs and the location and intensity of all outdoor lighting and exterior auditory speakers. (14) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening. (15) Final elevations of proposed structures with the type or kind of building materials used. Calculations of the percentage of masonry of the entire structure. (16) Location, designation and total area of all usable open space. (17) A detailed landscaping plan meeting the provisions of Section 53 of this ordinance. (18) A soil erosion control plan for the period during which construction will be taking place. (19) In the case of any use requiring a special use permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed special permit use by this ordinance. (20) Any other information that may be required by the Director of Planning Services to determine that the application is in compliance with the codes and ordinances of the city. (21) Parking for disabled persons should be designated according to Chapter 23 Section 23-64 through 23-69 of the Code of Ordinances. (22) Designate all refuse storage areas according to Section 50.B.3. (23) A letter from the public works department accepting all subdivision improvements (i.e. drainage, sewage, utilities and street improvements). (24) In the case of any use requiring a conditional use permit or a special use permit, a tree preservation permit may be required by the City Council in accordance with Section 52.D.1. The tree preservation permit shall be in accordance with Section 52.E. 2. Reserved. F. Procedure for processing site plans. The following procedures shall govern the processing and approval of site plan applications. 1. Pre-application conference: Prior to filing a formal site plan application, the applicant shall request a pre-application conference with the Director of Planning Services, or a designee. The purpose of the pre-application conference shall be to assist the applicant in bringing the site plan into conformity with these and other regulations applying to the subject property and to define the specific submission requirements for site plan applications, thereby potentially expediting the review process. (a) No applications may be submitted to or accepted by the Director of Planning Services, or a designee, during the pre-application conference. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 179 of 251 (b) At the discretion of the Director of Planning Services, or a designee, the pre-application conference requirement may be waived. 2. Application: Applications for site plan approval shall be submitted to the Director of Planning Services, or a designee, in four duplicate copies. All maps and graphics, submitted as part of the site plan application, shall be to scale and not smaller than one inch equals 50 feet. A nonrefundable application fee, as established from time to time by the City Council, to help defray administrative costs and costs of a hearing, shall accompany each application. (a) Certification of application and official filing date. (1) For the purposes of these regulations, the “official filing date” shall be the date upon which a complete application for approval of a site plan containing all elements as specified in subsection E and subsection F.2. is submitted to the Director of Planning Services or a designee. No application shall be certified as officially filed until the Director of Planning Services or a designee determines the completeness of the application and a fee receipt is issued by the City. Failure by the Director of Planning Services or a designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City shall result in the application being certified complete, and the “official filed date” shall become the 10th calendar day following initial receipt of the application by the City. (2) Site plan applications which do not include all required content will be considered incomplete, shall not be accepted for official filing by the City, and the Director of Planning Services or a designee shall notify the applicant, in writing, of the respects in which the application is deficient within ten (10) calendar days. (3) An incomplete application that has not been revised to meet the completeness requirements shall be considered expired on the 45th day after the original submission of the application. The City may retain the application fee paid. Following an expired application, any additional or further requests by the applicant must be accompanied by a new application and fee containing all elements as specified in subsection E and subsection F.2. No vested rights accrue from the submission of an application that has expired pursuant to this section. (4) If the application is determined to be complete, the applicant shall be provided notice of acceptance and the date of official filing for scheduling and review purposes, and the application shall be processed as prescribed by this section. It is not guaranteed that a certified, complete application will be approved if, after the application is deemed complete, it is determined that the application does not comply with regulations set forth in this ordinance and all other applicable laws or regulations. (b) Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application. (1) The applicant shall submit a written withdrawal request to the Director of Planning Services, and after withdrawal, the City will not take further action on the application. (2) The application shall be considered terminated and no rights shall vest based on the application. (3) To re-initiate review, the applicant may resubmit the application which shall in all respects treated as a new application for purposes of review, scheduling, and payment of application fees. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 180 of 251 3. Action by Director of Planning Services: Within 30 days of the filing of an application, the Director of Planning Services shall cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 47.H. below, by qualified city personnel. He shall then either: (1) approve the application; (2) approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this ordinance; (3) on the basis of written findings in accordance with Section 47.H below, approve it subject to specific modifications; or (4) on the basis of such findings, decline to approve the application, provided, however, that in the case of site plan applications required by Section 47.C.6, the Director of Planning Services shall not approve said applications but shall submit them together with his report thereon to the Planning and Zoning Commission. Immediately upon concluding his review, the Director of Planning Services shall return one copy of the applicant's plans to him, marked to show either approval or approval subject to modification, which modifications shall be clearly and permanently marked on such plans. The failure of the Director of Planning Services or a designee to act within said 30 days on any application, except one required by Section 47.C.6, shall be deemed to be approval of the application and plans. (a) 30-day action extension request and waiver. (1) Waiver. The City may not request or require an applicant to waive a deadline or other approval procedure. (2) An applicant may submit in writing a request to extend the 30-day action in relation to the decision time for approval of the site plan, in accordance with applicable laws and regulations. (3) If the applicant requests an extension, such request must be received by the Director of Planning Services on or before the 11th calendar day prior to the Director of Planning Services’ deadline to take action on the application. Extension requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the application as scheduled. (4) Submission of a request to extend the 30-day action, and acceptance of such waiver by the Director of Planning Services, shall not be deemed in any way a waiver of any requirement within these regulations. Where applicable, a waiver from requirements herein is a separate and distinct process. (b) Disapproval. (1) If an application is disapproved, the Director of Planning Services shall include in their decision a reference to the specific reasons for disapproval. (2) The applicant shall be provided with a written statement no later than the end of the next business day after the date of the decision of the reasons for disapproval that clearly articulates each specific reason for disapproval. Each reason specified in the written statement may not be arbitrary and must: (i) Be directly related to the requirements under this Section; and (ii) Include a citation to the law, including a statute or municipal ordinance, that is the basis for the approval with modifications or disapproval, if applicable. (c) Resubmittal. (1) If the Director of Planning Services declines to approve the site plan application, or approves the site plan application subject to modifications, the applicant may submit a written response demonstrating how they have satisfied each modification, or remedied each reason for denial. The written response shall include the revised site plan and any additional submittal requirements applicable. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 181 of 251 (i) The applicant’s disapproval of any specific modifications for approval constitutes the City’s continuing disapproval of the site plan application. (ii) The applicant’s disapproval to a reason for disapproval constitutes the City’s continuing disapproval of the site plan application. (2) The Director of Planning Services shall determine whether to approve or decline to approve a previously conditioned approval or declined site plan application no later than fifteen (15) days of receipt of the applicant’s response. (i) The Director of Planning Services may decline to approve the site plan application only for a specific condition or reason provided to the applicant in response to the initial modifications or denial. (ii) If the applicant’s response adequately addresses each modification or reason for denial, then the Director of Planning Services shall approve the site plan application following the same procedure for action on the initial site plan application. (iii) If the Director of Planning Services does not approve or decline to approve the site plan application within fifteen (15) days, the site plan application is deemed approved. 4. Conferences and modifications during review: While reviewing such application, the Director of Planning Services or a designee may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the proposed site plan as may be appropriate and may accept amended plans in substitution of those originally submitted. 5. Action by Board of Zoning Adjustment: If the Director of Planning Services declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have their application referred to the Board of Zoning Adjustment for review and decision of such matters as remained unresolved between the director and applicant. Such review may be secured by the applicant by filing a written request no later than fifteen (15) days after the date the decision being notified of the decision therefor with the Director of Planning Services. Upon receipt of such request, the Director of Planning Services shall immediately refer the applicant and their report thereon to the Board of Zoning Adjustment, which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the Director of Planning Services, except that the Board of Zoning Adjustment shall have 30 days from the date of such referral within which to act. The decision of the Board of Zoning Adjustment shall be final. 6. Third Party Review. (a) If a regulatory authority does not approve, approve subject to modifications, or disapprove a development document by the 15th day after the date prescribed by a provision of this ordinance for the approval, approval subject to modifications, or disapproval of the document, any required review of the document may be performed by a person (third-party) in accordance with Texas Local Government Code, Chapter 247. (b) If a regulatory authority does not conduct a required development inspection by the 15th day after the date prescribed by a provision of this ordinance for conducting the inspection, the inspection may be conducted by a person (third-party) in accordance with Texas Local Government Code, Chapter 247. G. Standards for site plan review. 1. Standards. The Director of Planning Services shall not refuse to approve, and the Planning and Zoning Commission and the City Council shall not disapprove site plans submitted pursuant to this section, except on the basis of specific written findings dealing with one or more of the following standards: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 182 of 251 a. The application is incomplete in specified particulars or contains or reveals violations of the zoning ordinance or other ordinances of the city which the applicant has, after written request, failed or refused to supply or correct. b. In the case of a site plan submitted in conjunction with a planned development, a special or conditional use permit or any district regulations in this ordinance that contain specific development standards, such as the PRD-6, PRD-12, PCD or PID districts, the site plan fails to meet adequately specified standards required by this ordinance with respect to such development or special use. c. The proposed site plan does, or will, interfere unnecessarily, and in specified particulars, with easement, roadways, rail lines, utilities and public or private rights-of-way. d. The proposed site plan does, or will unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with significant natural, topographic or physical features of the site. e. The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create or will create; hazards to safety on or off the site; disjointed pedestrian or vehicular circulation paths on or off the site; undue interference with and inconvenience to pedestrian travel. f. The screening of site does not, or will not, provide adequate shielding from or for nearby uses with which the proposed use may be incompatible. g. Based on recognized standards, the proposed site plan makes inadequate provisions for the creation or preservation of open space or for its continued maintenance. h. The proposed site plan does, or will, unnecessarily, and in specified particulars, create drainage or erosion problems. i. In the case of site plans for developments in the PRD-6, PRD-12, PCD and PID districts, the proposed site plan fails, in specified particulars, to conform substantially to the approved master development plan for the property. 2. Alternative approaches. In citing any of the foregoing standards, other than those of subparagraph 1.a, as the basis for declining to approve or for disapproving a site plan, the Director of Planning Services shall suggest alternate site plan approaches which could be utilized to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives. H. Effect of site plan approval. If the Director of Planning Services or the City Council or the Planning and Zoning Commission approves the application or approves it subject to further specified approvals or to modification which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building, or structure, but shall authorize only the preparation, filing and processing of applications for any further permits or approvals which may be required by the codes and ordinances of the city, including any approvals such as a building permit, a certificate of occupancy or subdivision approval. I. Limitations on site plan approval. No site plan approval shall be valid for a period longer than one year from the date such approval is issued, unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period. Approval of an application does not authorize any work in conflict with any codes or ordinances of the City of Grapevine. J. Amendment. An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this section for original site plan approval. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 183 of 251 K. Filing fees for uses requiring a site plan. For applications requiring a site plan not associated with Section 48, Conditional uses or Section 49 Special uses, the applicant shall pay to the city the sum of $250.00 for all tracts or parcels of land that do not exceed one acre and an additional fee of $12.50 per acre or part thereof for each additional tract or parcel that exceeds one acre, no part of which shall be refundable regardless of the action taken on the request. (Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 84-18, § 1(A), (B), 2-25-86; Ord. No. 87-58, § 1(D), 9-15-87; Ord. No. 89-81, § 1(F), 12-5-89; Ord. No. 90-42, § 1(G), 7-17-90; Ord. No. 96-59, § 1.B., C., 8-6-96; Ord. No. 98-41, §§ 2A, 2B, 3-23- 98; Ord. No. 98-115, § 1C, 9-15-98; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2011-33, § 1.G, 7-19-11) Sec. 48. Conditional Uses. A. Purpose. In each zoning district, there are some uses which would be appropriate in some but not all locations within the district. Typically, there are uses that may have some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. In this ordinance, such uses are classified as conditional uses and before they may be established, the Planning and Zoning Commission must recommend, based upon findings of fact derived from evidence received at a public hearing, and the City Council must by ordinance approve the establishment of the use. B. Authorization. The Planning and Zoning Commission may recommend, and the City Council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning district. No conditional use shall be authorized unless this ordinance specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this ordinance. C. Initiation. An application for a conditional use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the conditional use permit is sought shall be accompanied by evidence of the consent of the owner. D. Application for conditional use permit. An application for a conditional use permit shall be filed in duplicate with the Director of Planning Services, or such other official as he may designate, who shall forward without delay one copy to the Planning and Zoning Commission. The application shall contain a site plan and the following information; as well as such additional information as may be prescribed by rule of the commission or the Director of Planning Services. A site plan is not required for property zoned R-5.0 Zero Lot Line District: 1. The applicant's name and address and their interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. The particular provision of this ordinance authorizing the proposed conditional use; 6. A general description of the proposed conditional use; 7. An application for site plan approval, as required and defined in Section 47 of this chapter; 8. A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 184 of 251 9. A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; 10. A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. E. Hearing on conditional use permit application. A public hearing on the application shall be held and notice thereof given in the manner and form required for amendments as set out in Section 67 of this chapter unless the Director of Planning Services or the Planning and Zoning Commission determines that the application is incomplete. For applications involving minor modifications to previously approved conditional use permits, the Director of Planning Services may present the application to a site plan review committee consisting of a member of the Planning and Zoning Commission (appointed by the commission chairman), the City Council representative to the Planning and Zoning Commission, and the Director of Planning Services, which shall determine if the proposed modification(s) are such that a public hearing before the Planning and Zoning Commission and the City Council is or is not warranted. If the site plan review committee determines that a public hearing is not warranted, the application will be reviewed and approved administratively under the authority of the site plan review committee. For administratively approved modifications to a previously approved conditional use permit, the full application fee shall be retained by the city. F. Standards. The following standards, among other relevant standards, may be considered by the Planning and Zoning Commission and City Council in determining whether a conditional use may be granted: 1. That the proposed conditional use will be consistent with the adopted policies in the comprehensive master plan of the City of Grapevine; 2. That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 3. That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration shall be given to: (a) The location, nature and height of building, structures, walls, fences on the site; and (b) The nature and extent of screening on the site; 4. That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; 5. That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public; 6. That off-street parking and loading areas will be provided in accordance with the standards set out in Section 56, Section 57 and Section 58 of this chapter, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 7. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 8. That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 185 of 251 9. That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance; 10. That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of this ordinance authorizing such use; 11. The Director of Planning Services has approved the detailed landscaping plan as having met the provisions of Section 53; 12. That the proposed conditional use will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the city, region and the state; 13. That the benefits of the proposed conditional use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic or historic feature of significance, and outweigh the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use; 14. That all alternative sites and all reasonable means for meeting the projected need or demand for the proposed building, structure, development, use or activity, which may be less costly or less intrusive to existing communities, have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal; 15. That the proposed conditional use is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Grapevine has based planning or zoning decisions or, if the proposed use is inconsistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the community of the proposed use. G. Conditions and restrictions. In granting a conditional use, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out in Section 48.F of this ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the conditional use permit. H. Affidavit of compliance with conditions. Whenever any conditional use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Director of Planning Services so stating. I. Effect of issuance of a permit for a conditional use. The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. Period of validity. No conditional use permit shall be valid for a period longer than one year from the date on which the City Council grants the conditional use, unless within such one-year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an occupancy permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a conditional use permit. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 186 of 251 (Ord. No. 85-33, § 1(B), 7-16-85; Ord. No. 89-78, § 1(J), (K), 11-21-89; Ord. No. 89-81, § 1(G)—(J), 12-5-89; Ord. No. 98-29, § 1B, 2-17-98; Ord. No. 2000-18, § 1, 2-15-00) Sec. 49. Special Use Permits. A. Purpose. The Special Use Permit procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon, the health, safety, and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary special use permit procedure is designed to enable the Planning and Zoning Commission and the City Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a special use permit when it is apparent that a proposed use or structure will or may occasionally harm the community or cause injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. Authorized special uses. The following uses and structures may be established or constructed only upon the issuance of a special use permit in accordance with the provisions of this Section 49: 1. Communication uses: Notwithstanding any other provision of this ordinance, including regulations identified in Section 59, Communication Antennas, Support Structures, and Satellite Dishes, the following communication uses shall be regulated and governed by the following use regulations and requirements: a. Exceptions: Communication uses shall be required to plat the property as required by Section 47, Site Plan Review, but shall not be required to meet the minimum lot size, width or depth and area requirements as regulated in the specific zoning district. For requests relative to communication uses that will be located on existing structures with associated cabinetry/equipment located underground or on/within an existing cabinet area/structure, or for the reconstruction of existing towers or monopoles with no increase in height, said request, upon review by the Director of Planning Services may be considered a permitted use to be administratively reviewed and approved under the authority of the Director of Planning Services pursuant to Section 47, Site Plan Review. b. Antenna support structures utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal such as a tower, mast, monopole, tripod, box frame, or other structures in any residential, commercial or industrial district. One secondary equipment building is allowed per antenna support structure. c. Microwave reflectors/antennas and receivers and antenna support structures in any district. One secondary equipment building is allowed per antenna support structure. d. A commercial antenna may be attached to an existing utility structure, electrical transmission/distribution tower, or elevated water storage tank exceeding 75 feet in height, provided that the antenna does not extend more than ten feet above the height of the utility structure. One secondary equipment building is allowed per utility structure. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height. 2. Public utility distribution facilities and equipment in any district. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 187 of 251 3. Amusement and video game arcades. 4. Massage establishments. (a) Notwithstanding any provision of any ordinance or any City code provision currently in effect in the City of Grapevine, the operation of a massage establishment and/or the performing of massage services permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. (b) The operation of a massage establishment and/or the performing of massage services shall be illegal in the City of Grapevine, unless on property zoned specifically for that purpose in accordance with and pursuant to Section 49 of this ordinance. 5. Novelty establishments and retail specialty. (a) Definitions: For the purpose of this paragraph, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) The term "primarily" is defined as gross monthly sales of special novelty items representing more than 50 percent of total sales. (2) The term "specialty and novelty items" is defined as follows: a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in the state penal code; b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, as the term "controlled substance" is defined in the state penal code; c. lsomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the state penal code; d. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, as the term "controlled substance" is defined in the state penal code; e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the state penal code; f. Diluents and adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances, as the term "controlled substances" is defined in the state penal code; g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; h. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substances" is defined in the state penal code; i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term "controlled substances" is defined in the state penal code; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 188 of 251 j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substances" is defined in the state penal code; k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances, as the term "controlled substances" is defined in the state penal code, into the human body; l. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as: i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; ii. Water pipes; iii. Carburetion tubes and devices; iv. Smoking and carburetion masks; v. Roach clips, meaning objects used to hold burning material, much as a marijuana cigarette, that has become too small or too short to be held in the hand; vi. Miniature cocaine spoons and cocaine vials; vii. Chamber pipes; viii. Electric pipes; ix. Air-driven pipes; x. Chillums; xi. Bongs; xii. Ice pipes or chillers; m. Wearing apparel containing obscene pictures or words, such apparel being T- shirts, belt buckles, jewelry or any other wearing apparel; n. Salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus; o. Magazines, books, records, cassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption; p. Incense. (b) Compliance with this paragraph: Notwithstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. (c) Compliance with zoning ordinance: The operation of a specialty and novelty establishment shall be illegal in the City of Grapevine, unless on property zoned specially for that purpose in accordance with and pursuant to Section 49 of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 189 of 251 6. Billiard table and coin-operated machines. (a) Definitions: (1) Billiard table: Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are impelled by a stick or cue, and where the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually commenced. (2) Skill or coin-operated machines: Means every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure or when said machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose than the dispensing or vending of merchandise, music or service as those terms are defined in Vernon's Ann. Civ. St. art. 8801 et seq. The use of eight or more such machines at any one location shall constitute a principal use. (b) Notwithstanding any other provision of this ordinance or of any ordinances of the city, the commercial use of billiard tables or the commercial use of eight or more skill or coin-operated machines shall be illegal unless the property is zoned specifically for that purpose in accordance with and pursuant to Section 49 of this ordinance. 7. Sexually oriented businesses. (a) A sexually oriented business shall be a permitted use only in Light industrial Districts and in Planned industrial Development Districts and only upon the issuance of a special use permit in accordance with and pursuant to the provisions of this Section 49. A sexually oriented business shall not be located within 1,000 feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use. (b) A sexually oriented business shall comply with the requirements of Chapter 14, Article V of the City Code and shall be regulated and licensed as provided therein. 8. Helistop. 9. Heliports in the CC, HC, HCO, LI and GU zoning districts. 10. Group care homes for the intellectually disabled, abused women, physical and psychiatric rehabilitation but excluding criminal correctional facilities in any district, except for R-7.5, R-12.5 and R- 20 single-family districts. Half-way houses or criminal correction facilities shall not be permitted in any district, except as provided for in Section 38, Governmental Use District. 11. Bed and breakfast facility in any designated historic landmark subdistrict. 12. Gas and oil well drilling and production in any non-residential district. 13. Neighborhood day care center. (a) The following minimum design requirements shall be required for neighborhood day care centers permitted as a special use. (1) Lots for neighborhood day care centers permitted as a special use shall have a minimum lot area of one acre. (2) Width of lot, feet: 150. (3) Depth of lot, feet: 175. (4) A landscape plan, meeting the requirements of Section 53 of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 190 of 251 (5) Required front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways, and sidewalks in accordance with Section 53 of this ordinance. (6) Garbage storage shall be screened on all four sides by a solid wooden or masonry fence and located on a concrete pad not less than 50 feet to any adjoining property. 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. 15. Off-street parking lots, accommodating a permitted or conditional use within the "LB" Limited Business District, "GV" Grapevine Vintage District Regulations, "CN" Neighborhood Commercial District Regulations, "CC" Community Commercial District Regulations, "HC" Highway Commercial District, "PO" Professional Office District Regulations, "CBD" Central Business District, "HGT" Historic Grapevine Township District, "HCO" Hotel and Corporate Office District, "RA" Recreation/Amusement District, "LI" Light Industrial District, "BP" Business Park District, "PCD" Planned Commerce Development District, and "PID" Planned Industrial Development District, which require any payment for parking. (a) Exceptions: The following uses shall be exempt from the requirements of this section. (1) Valet parking services. 16. Public rail station facilities. 17. Stand alone off-street parking lots or the expansion of an existing parking lot in excess of four spaces within the Grapevine Historic Township District (generally bound by Northwest Highway, Ball Street, Dallas Road, Ruth Street). C. Application. An application for a special use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. D. Contents of application. An application for a special use permit shall be filed with the Director of Planning Services or a designee. The application shall contain the following information as well as such additional information as may be prescribed by rule of the commission or the Director of Planning Services: 1. The applicant's name and address and their interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. A description of the proposed special use; 6. An application for site plan approval, as required and defined in Section 47 of this ordinance; Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 191 of 251 7. A statement as to why the proposed special use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; 8. A statement as to how the proposed special use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected; 9. An identification of any potentially adverse effects that may be associated with the proposed special use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. E. Hearing on special use permit application. A public hearing on an application for a special use permit shall be held and notice thereof given in the manner and form required for amendments as set out in Section 67 of this chapter. For applications involving minor modifications to previously approved special use permits, the Director of Planning Services may present the application to a site plan review committee consisting of a member of the Planning and Zoning Commission (appointed by the commission chairman), the City Council representative to the Planning and Zoning Commission, and the Director of Planning Services, which shall determine if the proposed modification(s) are such that a public hearing before the Planning and Zoning Commission and the City Council is or is not warranted. If the site plan review committee determines that a public hearing is not warranted, the application will be reviewed and approved administratively under the authority of the site plan review committee. For administratively approved modifications to a previously approved special use permit, the full application fee shall be retained by the city. F. In considering an application for a special use permit, the Planning and Zoning Commission, and the City Council shall take into consideration the following factors: 1. Whether the proposed special use will adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site; 2. Whether the proposed special use will adequately provide for safety from fire hazards, and have effective measures of fire control; 3. Whether the proposed special use will adequately protect adjacent property from flood or water damage; 4. Whether the proposed special use will have noise producing elements; 5. Whether the glare of vehicular and stationary lights will affect the established character of the neighborhood; 6. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site; 7. Whether such signs will have an adverse effect on adjacent properties; 8. Whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use; 9. Whether the proposed special use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 10. Whether the proposed special use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations in determining whether the proposed special use will so dominate the immediate neighborhood, consideration shall be given to: Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 192 of 251 (a) The location, nature and height of buildings, structures, walls, and fences on the site; and (b) The nature and extent of screening on the site. 11. Whether the proposed special use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; 12. Whether the proposed special use at the specified location will contribute to or promote the welfare or convenience of the public; 13. Whether off-street parking and loading areas will be provided in accordance with the standards set out in Section 56 and Section 57 of this ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 14. Whether adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 15. Whether the proposed special use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 16. Whether the proposed special use will result in the destruction, loss or damage or any natural, scenic or historic feature of significant importance; 17. Whether the Director of Planning Services has approved the detailed landscaping plan as having met the provisions of Section 53. G. Conditions and restrictions. In considering a special use permit application, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefitted by the special use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the special use permit. H. Affidavit of compliance with conditions. Whenever any special use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Director of Planning Services so stating. I. Effect of issuance of a permit for a special use. The issuance of a permit for a special use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approval which may be required by the codes and ordinances of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. Period of validity. No special use permit shall be valid for a period longer than one year from the date on which the City Council grants the special use, unless within such one-year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an occupancy permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a special use permit. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-33, § 1(C), 7-16-85; Ord. No. 87-80, § 2(C), 11-17-87; Ord. No. 88-38, § 1(C), (D), 5-17-88; Ord. No. 89-78, § 1(L), (M), 11-21-89; Ord. No. 90-79, § 1K., 12-18-90; Ord. No. 92-41, § 2, 7-21- 92; Ord. No. 95-23, § 1(A), 4-4-94; Ord. No. 96-16, § 1A, 3-26-96; Ord. No. 96-37, § 1, 5-21-96; Ord. No. 96-54, § 1, 7-16-96; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2001-99, § 1B, 12-18-01; Ord. No. 2002-63, § 3, 8-20-02; Ord. No. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 193 of 251 2005-94, § 1A, 11-15-05; Ord. No. 2006-43, § 1, 6-20-06; Ord. No. 2007-07, § 2, 2-20-07; Ord. No. 2013-17, § 1, 4- 16-13) Sec. 50. Screening. A. Purpose. To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. B. Location of required screening. 1. Where the side, rear, or service side of a four-family, multifamily, or non-residential use is adjacent to a single-family, two-family, or townhouse residential district, screening of not less than six feet in height shall be erected separating the use from the adjacent residential district, said screening shall be in accordance with screening Alternates A or E. No screening is required adjacent to a street. 2. Where the side, rear, or service side of a nonresidential use is adjacent to a four-family or multifamily district, screening of not less than six feet in height shall be erected separating the use from the adjacent residential district, said screening shall be in accordance with alternates A or E as set forth in subsection C. No screening is required adjacent to a street. 3. For all uses other than single-family, two-family and townhouse dwellings, refuse storage areas not adjacent to an alley shall be visually screened by a solid fence or wall one foot above the refuse dumpster, not to exceed eight feet in height on all sides except the side used for garbage pickup service; such side shall not be required to be screened unless the service side of the refuse storage area is visible from a residentially zoned district. C. Screening standards. Under various zoning districts and circumstances, screening is required. The following are the approved types of screening as referred to in various places in this chapter: 1. Screening Alternate A: Screening Alternate A shall consist of a solid masonry or concrete wall to a minimum height of six feet measured from the average grade of either the nearest property line or the nearest building setback line, whichever has the higher elevation. 2. Screening Alternate B. Screening Alternate B shall consist of landscaped earthen berms to a minimum height of six feet. Side slopes of berm shall have a minimum of two feet of horizontal distance for each one foot of height. Berms shall contain necessary drainage provisions as required by the city engineer. Landscaping shall be as required in Section 53. 3. Screening Alternate C: Screening Alternate C shall consist of a solid wood fence to a minimum height of six feet measured from the average grade of either the nearest property line or the nearest building setback line, whichever has the higher elevation. D. Maintenance. All required screening materials shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. E. Additional screening, fencing, landscaping. The Planning and Zoning Commission may recommend and the City Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 194 of 251 character of surrounding or adjacent property dictate a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 89-53, § 1(G), 7-18-89; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2001-34, § 1(Exh. M), 4-17-01) Sec. 51. Requirements for Open Space and Recreational Areas. A. Purpose: The requirements for open space, park and recreational areas contained in this Section 51 are intended to ensure that in new residential developments in the City of Grapevine there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Section 51 the City Council has taken as a benchmark the standards of the National Recreation and Park Association. It is the policy of the city that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. B. Application: A certificate of zoning compliance shall not be issued for any residential subdivision or development unless open space and park and recreational areas shall have been dedicated or set aside on the subdivision plat or in the plan for such development in accordance with the standards and criteria in this Section 51. C. Character and minimum area: 1. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. 2. Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. 3. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Section 51 shall be: (a) In the R-20, R-12.5, R-7.5, R-5.0, and R-TH Districts, 300 square feet per dwelling unit. (b) In all other residential districts, including the PRD-6 and PRD-12 Districts, the open space and recreational area requirements shall be observed. 4. No land dedicated or otherwise reserved in compliance with this Section 51 shall have dimensions smaller than 100 feet in width and 150 feet in depth. In any development which includes wooded areas, flood plains, or other natural amenities which it is desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. D. Platting requirements: The director of parks and recreation, a designated parks and recreation board member, and a member of the Planning and Zoning Commission and the City Council shall compose an open space committee. The City Council representative shall be an ex officio, nonvoting member of the committee. The open space committee shall have a plat review meeting regarding each proposed land donation prior to it being submitted to the City Council. Any land dedicated or otherwise reserved under this Section 51 for open space or park and recreational area shall be shown on a plat submitted for approval by Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 195 of 251 the Planning and Zoning Commission and City Council. Upon approval, said plat shall be filed of record in the county in which the property is located. The City Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this Section 51 to be restricted to the use and enjoyment of residents of the particular development or subdivision. The City Council may grant such request whenever it finds: (1) that the public open space and park and recreational areas required by this Section 51 cannot be effectively and efficiently integrated into the public park system of the city; (2) that the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land; and, (3) that the developer or subdivider has complied, or will comply, with the requirements of Section 51.F, below. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as "private open space or private recreational land" at the time of submission to the city for action by the Planning and Zoning Commission and City Council. E. Payment of cash in lieu of reservation of open space or park and recreational areas: In any case in which the land required to be dedicated or otherwise reserved by this Section 51 would be less than 30,000 square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City of Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's check or other cash equivalent including an irrevocable letter of credit on a form approved by the city attorney and with a bank or financial institution acceptable to the city and delivered to the Director of Planning Services. Said payment shall be due before the city approves any construction plans for work authorized by Appendix E, or when construction plans are not required by Appendix E payment shall be due at the time the plats are accepted for filing. Title to all payments, in whichever approved form of payment is used, shall vest in the city immediately upon approval of the final plat by the City Council. All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider. F. Maintenance: If the open space and recreational areas required by this Section 51 are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the zoning administrator a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City Council. Such instrument shall be approved by the city attorney as to legal form and effect, and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' association or trust prior to the sale of any part of the property; that open space restrictions and maintenance shall be permanent; that the homeowners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners; that the Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 196 of 251 association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. (Ord. No. 85-19, § 1(F), 4-16-85; Ord. No. 85-38, § 1(C), 8-20-85; Ord. No. 85-85, § 1(B), 12-17-85; Ord. No. 86-46, § 1(E), 7-15-86; Ord. No. 86-77, § 2, 12-16-86; Ord. No. 87-58, § 1(E), 9-15-87; Ord. No. 92-26, § 1D., 5-19-92; Ord. No. 2006-23, § 1, 3-21-06) Sec. 52. Tree Preservation. A. Purpose. The purpose of this section is to establish rules and regulations governing the protection of trees and vegetation cover within the City of Grapevine, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are illegally removed from developed or undeveloped property, or are necessarily removed during construction, development, or redevelopment. B. Applicability. The terms and provisions of this section shall apply to real property as follows: 1. All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, including additions and alterations. 4. The yard areas of all developed property, excluding owner-occupied single-family residential property; rental properties are not excluded and are specifically subject to the provisions of this ordinance. 5. All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. C. Tree permit required. 1. A tree preservation permit may be required by City Council and approved in connection with a request for a zone change, conditional use or special use permit request or when a plat (preliminary, final, or replat) is filed, unless one has already been approved. This permit shall be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. 2. A protected tree removal permit shall be required when protected trees are to be removed from a site. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree, specimen tree or historic tree situated on property described above without first obtaining approval from the Director of Planning Services and a protected tree removal permit unless the conditions of Section 52.H.1 and Section 52.H.2 apply. A registered landscape architect, registered architect, registered engineer or registered surveyor shall prepare a permit submitted for approval by the Planning and Zoning Commission. A tree removal permit and/or protected tree removal permit submitted for approval by Planning Services staff does not have to be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. D. Tree preservation permit. The purpose of this requirement is to provide a review process to preserve the existing natural environment whenever possible and to encourage the preservation of large specimen trees throughout any construction or land development. The tree preservation permit shall include the following: 1. Location of all existing or proposed structures, improvements such as streets, alleyways etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 197 of 251 3. Location of existing and proposed public utility easements, public access easements and drainage easements on the lot. 4. Location and dimensions of visibility triangles on the lot. 5. The City Council shall dictate what caliper size tree to survey for purposes of preservation of existing trees. Protected trees to remain shall be designated by a circle. 6. The City Council shall dictate what caliper size tree to survey for purposes of removal. Protected trees to be removed shall be designated by a triangle. 7. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11" sheet of paper. 8. Protected tree replacement plan: The plan shall exhibit the location of proposed protected trees to be replaced and include a legend indicating the species, caliper size and height of proposed protected tree replacement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a water course, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three inches when measured at six inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the tree preservation permit. 9. Tree protection plan: The plan shall describe how existing, healthy protected trees proposed to remain will be protected from damage during any construction or land development in accordance with Section 52.J., Tree Protection. E. Protected tree removal permit. Permits for removal or replacement of protected trees covered herein shall be obtained by making application on a form prescribed by the city and submitted to the Director of Planning Services. The application shall be accompanied by a preliminary plat showing the exact location, caliper size, height, and common name of all protected trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of protected trees and two copies of a legible site plan drawn to the largest practicable scale indicating the following: 1. Location of all existing or proposed structures, improvements such as streets, alleyways, etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. 3. Existing and proposed site elevations, grades and major contours. 4. Location of existing and proposed public utility easements, public access easements and drainage easements on the lot. 5. Location and dimensions of visibility triangles on the lot. 6. Survey locating protected trees on the site to remain that are three inch caliper or greater when measured at a point 4½ feet above the ground level. Protected trees to remain shall be designated by a circle. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 198 of 251 7. Survey locating trees on the site to be removed that are three inch caliper or greater when measured at point 4½ feet above the ground level. Protected trees to be removed shall be designated by a triangle. 8. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11" sheet of paper. 9. Protected tree replacement plan: The plan shall exhibit the location of protected trees proposed to be replaced and include a legend indicating the species, caliper size and height of proposed tree replacement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a watercourse, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three inches when measured at six inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the tree preservation permit. 10. Tree protection plan: The plan shall describe how existing healthy protected trees proposed to be retained will be protected from damage during construction. F. Application review. Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions and for platted lots, the Director of Planning Services shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such departments as deemed appropriate for review and recommendations. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the Planning and Zoning Commission or Director of Planning Services as appropriate, in accordance with the provisions of this chapter. G. Protected tree removal. 1. No protected tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: (a) The protected tree is located in a public utility easement, public access easement or public street right-of-way as recorded on a plat approved by the City Council. In the event that certain protected trees outside the above areas or protected trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a plat and site plan which indicates the exact operation area needed. The public works staff must approve all requests for tree removal within these areas. (b) The protected tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations with the approval of the Director of Planning Services. (c) Except for the above, under no circumstances shall there be clear cutting of protected trees on a property prior to the issuance of a building permit. (d) Planning Services staff may approve the removal of protected trees that interfere with the construction of a building and/or the drainage of a lot. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 199 of 251 (e) The public works staff may approve of the removal of a protected tree or trees located within a drainage easement if the removal is determined to be necessary to ensure the proper construction or maintenance of said drainage easement. (f) The following species of trees are exempt from the protection and preservation requirements stated within this ordinance except when located in a floodplain or watercourse as defined by the city or other government agency and provided that the subject tree is less than ten caliper inches in diameter: Hackberry Cottonwood Honey Locust Bois d'Arc Mesquite This list is subject to change and will be periodically reviewed and updated if necessary by the Planning and Zoning Commission. 2. Upon issuance of a building permit, developer shall be allowed to remove protected trees located on the buildable area of the property. Protected trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. Prior to any tree removal, an inspection by the building department shall be required and written approval from the building official shall be granted before said tree(s) are removed. H. Protected tree replacement requirements. In the event that it is necessary to remove protected tree(s) outside the buildable area, the developer, as a condition of issuance of a protected tree removal permit, may be required to replace the protected tree(s) being removed with comparable trees somewhere within the site. 1. Replacement tree specifications: A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three inches caliper and seven feet in height when planted, and shall be selected from the list of approved replacement trees maintained by the Director of Planning Services as approved by the Planning and Zoning Commission. Protected trees that are removed without a permit shall be replaced at a number equivalent to 125 percent of those protected trees removed from the site as estimated by the Director of Planning Services. 2. Replacement procedures: At the time of review, the agent responsible for placement, the time of replacement and the location of the new trees will be determined by the Director of Planning Services. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the city has the authority to allow the planting to take place on another property. A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree in compliance with this ordinance. No certificates of occupancy shall be issued for the site until all required replacement trees have been planted, or until the required contribution has been made to the tree reforestation fund as provided for in subsection hereinbelow. 3. Tree reforestation fund: In situations in which it is not feasible to place the replacement trees on either the subject site or an alternate site, the applicant, upon approval of the Director of Planning Services, may make a payment into the tree reforestation fund. The fund amount shall be equivalent to 100 percent of the tree replacement cost. For those protected trees removed without a permit, the fund amount shall be the equivalent of 125 percent of the tree replacement cost. The funds shall be used only for purchasing and planting trees on public property or acquiring wooded property that shall Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 200 of 251 remain in a naturalistic state in perpetuity. The amount of payment that is required for each replacement tree should be calculated based on a schedule published annually by the city, which sets forth the average cost of a quality tree added to the average cost of planting a tree. No certificates of occupancy shall be issued for the site until the required payment has been made to the tree reforestation fund. 4. Any person(s) aggrieved by the application or staff interpretation of this chapter may appeal said application or interpretation to the City of Grapevine City Council, subject to the following requirements. Any appeal of grievance must be filed in writing with the Director of Planning Services within ten days of the decision or interpretation. Said appeal must clearly state the basis of the appeal, including, where applicable, a reference to any applicable evidence supporting the appeal. I. Tree protection. During any construction or land development, the developer shall clearly mark all protected trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, and debris or fill to be placed within the drip line of any protected tree. During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any protected tree or trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any protected tree or trees. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any protected tree. J. Tree pruning restrictions. General: No protected tree shall be pruned in a manner that significantly disfigures the tree or in a manner that would reasonably lead to the death of the tree. 1. Allowed pruning: The city may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. All pruning of protected trees by franchise utility companies to ensure the safe operation of utility services shall be allowed. When allowed, all pruning shall be by approved arboricultural techniques. This section is not intended to require a tree permit for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. 2. Required pruning: The owners of all trees adjacent to public right-of-way shall be required to maintain a minimum clearance of ten feet above the traveled pavement or curb of a public street. Said owners shall also remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall also have the right to prune trees overhanging within public right-of-way which interfere with the proper spread of light along the street from a street light or interfere with visibility of any traffic control device or sign or as necessary to preserve the public safety. 3. Tree topping: It shall be unlawful as a normal practice for any person, firm or city department to top any tree. Trees severely damaged by storms or other causes or certain trees under obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Director of Planning Services. K. Exceptions. In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Director of Planning Services and the tree may then be removed without obtaining a written permit as herein required. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 201 of 251 During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this ordinance may be waived as may be deemed necessary by the City Council. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the premises of said license, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Utility companies franchised by the city may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner-occupied properties developed for one- family use, disposal of such trees shall be at the option of the property owner. L. Exemption. This ordinance shall not apply to any development that has received final plat approval prior to the effective date of this ordinance. City of Grapevine REQUIRED TREE LIST FOR REQUIRED LANDSCAPING (Excluding Landscape Islands) (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Burr Oak (Quercus macrocarpa) 50'—60' 40'—50' Cedar Elm (Ulmus rassifolial) 50'—60' 40'—50 Chinese Pistacho (Pistacia chinensis) 40'—50' 40'—50' Chinquapin Oak (Quercus muhlenbergii) 50'—60' 40'—50' Pecan (Carya illinoensis) 50'—60' 40'—50' Shumard Red Oak (Quercus shumardii) 50'—60' 40'—50' Texas Red Oak (Quercus shumardii) 30'—35' 20'—30' Western Soapberry (Sapindus drummondii) 30'—40' 25'—35' Southern Magnolia (Magnolia grandiflora) 60'—80' 30'—50' Lacey Oak (Quercus glancoides) EVERGREEN TREES Afghan Pine (Pinus eldarica) 30'—40' 25'—30' Austrian Pine (Pinus nigra) 20'—25' 10'—15' Eastern Red Cedar (Juniperus virginiana) 30'—40' 20'—30' Eldarica Pine (Pinus eldarica) 30'—40' 25'—30' Japanese Black Pine (Pinus thunbergiana) 20'—50' 20'—30' Leyland Cypress (Cupressocyparis leylandi) 20'—40' 40'—50' Live Oak (Quercus virginiana) 25'—35' 35'—55' Yaupon Holly (Ilex vomitoria) 12'—18' 10'—15' (Small Deciduous Trees) Desert Willow (Chilopsis linearis) 15'—30' 15'—25' Eve's Necklace (Sophora affinis) 15'—25' 16'—20' Mexican Plum (Prunus mexicana) 16'—25' 15'—20' Possumhaw holly (Ilex decidua) 15'—20' 10'—15' Redbud (Cercis canadensis) 20'—25' 15'—20' "Oklahoma" Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 202 of 251 City of Grapevine REQUIRED TREE LIST FOR LANDSCAPE ISLANDS (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Burr Oak (Quercus macrocarpa) 50'—60' 40'—50 Cedar Elm (Ulmus rassifolial) 50'—60' 40'—50' Chinese Pistacho (Pistacia chinensis) 40'—50' 40'—50' Chinquapin Oak (Quercus muhlenbergii) 50'—60' 40'—50' Pecan (Carya illinoensis) 50'—60' 40'—50' Shumard Red Oak (Quercus shumardii) 50'—60' 40'—50' Texas Red Oak (Quercus shumardii) 30'—35' 20'—30' Western Soapberry (Sapindus drummondii) 30'—40' 25'—35' Southern Magnolia (Magnolia grandiflora) 60'—80' 30'—50' Lacey Oak (Quercus glancoides) EVERGREEN TREES Afghan Pine (Pinus eldarica) 30'—40' 25'—30' Austrian Pine (Pinus nigra) 20'—25' 10'—15' Eastern Red Cedar (Juniperus virginiana) 30'—40' 20'—30' Eldarica Pine (Pinus eldarica) 30'—40' 25'—30' Japanese Black Pine (Pinus thunbergiana) 20'—50' 20'—30' Leyland Cypress (Cupressocyparis leylandi) 20'—40' 40'—50' Live Oak (Quercus virginiana) 25'—35' 35'—55' Yaupon Holly (Ilex vomitoria) 12'—18' 10'—15' (Ord. No. 84-16, § 2(E), 4-9-84; Ord. No. 85-19, § 1(G), 4-16-85; Ord. No. 87-16, § 1, 3-17-87; Ord. No. 96-59, § 1.D., E., 8-6-96; Ord. No. 98-48, § 1C, 4-21-98; Ord. No. 99-149, § 1B, 10-5-99; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2005-94, § 1B, 11-15-05; Ord. No. 2011-41, § 1, 8-16-11; Ord. No. 2018-009, § 2, 1-16-18) Sec. 53. Landscaping Regulations. A. Purpose: It is the purpose of this section to establish certain regulations pertaining to landscaping within the City of Grapevine. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the city. B. Scope: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the city, except that single-family detached dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this section. C. Enforcement: The provisions of this section shall be administered and enforced by the Director of Planning Services or a designee. If, at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the director shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 203 of 251 D. Permits: No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the Director of Planning Services. In the event that the proposed development requires an approved subdivision plat, site plan, or master development plan, no such final approval shall be granted unless a landscape plan is submitted and approved. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in subsection E of this section. In any case in which an occupancy certificate is sought at a season of the year in which the Director of Planning Services determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, an occupancy certificate may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six months of the date of the application and shall give the city the right to draw upon the letter of credit or escrow deposit to complete the said landscaping if the applicant fails to do so. E. Landscape plans: Prior to the issuance of a building, paving, grading or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to the department of Planning Services. The Director of Planning Services, or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping plans shall be prepared by a landscape architect, landscape contractor, landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information: 1. Minimum scale of one inch equals 50 feet; 2. Location of all trees to be preserved; 3. Location of all plant and landscaping material to be used including plants, paving benches, screens, fountains, statutes, or other landscape features; 4. Species of all plant material to be used; 5. Size of all plant material to be used; 6. Spacing of plant material where appropriate; 7. Layout and description of irrigation systems, including placement of water sources; 8. Description of maintenance provisions for the landscape plan; 9. Person(s) responsible for the preparation of landscape plan. F. Maintenance: The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, irrigation systems, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. Automatic in-ground irrigation system with rain and freeze sensory capability shall be provided for all required landscape. G. General standards: The following criteria and standards shall apply to landscape materials and installation. 1. Quality. Plant materials used in conformance with the provisions of this ordinance shall conform to the standards of the American Standard For Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 204 of 251 2. Trees. Trees referred to in this section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of a 15 feet crown of spread. Trees shall be of a minimum of three caliper inches when measured six inches above ground, and shall be selected from the list of approved trees, maintained by the Director of Planning Services as approved by the Planning and Zoning Commission. 3. Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous unbroken, solid, visual screen which will be three feet high within one year after time of planting. 4. Vines. Vines shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. 5. Ground cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for existing trees. Any trees preserved on a site meeting the herein specifications shall be credited toward meeting the tree requirement of any landscape of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the director, be credited as two trees for the herein minimum requirements. H. Minimum requirements for off-street parking and vehicular use areas. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards. 1. Interior landscaping. A minimum of ten percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots: a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one tree planted for each 400 square feet or fraction thereof of required interior landscape area. c. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every 12 parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one tree. Planter islands shall not be required for lots containing less than 35,000 square feet. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet in height. Interior planting islands shall have a minimum size of nine by 18 feet. d. The Director of Planning Services may approve planter islands required by Section 53.H.1.c. to be located further apart than 12 parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Director of Planning Services when the drip line of an existing tree is larger than planter islands required by Section 53.H.1.c. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 205 of 251 2. Perimeter landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two feet minimum width planting strip. Plants and materials used in living barriers shall be at least 30 inches high at the time of planting and shall be of a type and species that will attain a minimum height of three feet one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet high at the time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties. a. Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least 15 feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way shall be permitted through all such landscaping. The maximum width for accessways shall be: 50 feet for nonresidential two-way movements; 30 feet for residential two-way movements; 20 feet for nonresidential one-way movements. b. Whenever an off-street parking or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least ten feet in width shall be maintained between the edge of the parking area and the adjacent property line. Accessways between lots may be permitted through all perimeter landscape areas. Maximum width for accessways shall be 25 feet. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedge, or berm not greater than eight feet in height nor less than three feet in height. c. Perimeter landscape areas shall contain at least one tree for each 50 lineal feet or fraction thereof of perimeter area. I. Landscaping requirements for nonvehicular open space. In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: 1. Grass, ground cover, shrubs and other landscape materials shall be used to cover all open ground within 20 feet of any building or paving or other use such as storage. 2. All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. 3. Landscaping shall be provided on each developed lot in accordance with the following standards: a. In all residential zoning districts (except R-20, R-12.5 and R-7.5), a minimum of 15 percent of the landscaping shall be located in the required front yard. b. In all nonresidential zoning districts, a minimum of 15 percent of the total site area shall be devoted to feature landscaping with not less than 50 percent of the landscaping being located in the required front yard. 4. Trees shall be planted in nonvehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Nonvehicular Open Space Tree Ratio per Nonvehicular Open Space Less than 30 1 tree/2,500 sq. ft. 30—49 1 tree/3,000 sq. ft. Over 50 1 tree/4,000 sq. ft. Created: 2023-01-30 19:37:21 [EST] (Supp. No. 50) Page 206 of 251 5. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. J. Sight distance and visibility: Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three and six feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are: 1. The areas of property on both sides of the intersection of an accessway and a public right-of-way shall have a triangular visibility area with two sides of each triangle being ten feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides. 2. The areas of property located at a corner formed by the intersection of two or more public rights-of- way shall have a triangular visibility area with two sides of each triangle being 20 feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides. Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any accessway pavement. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the director, the requirements set forth herein may be reduced to the extent to remove the conflict. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. 86-29, § 1, 4-15-86; Ord. No. 87-50, § 1(A)— (C), 8-18-87; Ord. No. 89-78, § 1(N), 11-21-89; Ord. No. 97-56, § 1, 6-3-97; Ord. No. 98-48, § 1D, 4-21-98; Ord. No. 2001-34, § 1(Exh. N), 4-17-01; Ord. No. 2009-04, § 1.Q, 1-20-09) Sec. 54. Masonry Requirements. All principal buildings and structures located in the zoning districts R-3.5, R-3.75, R-MF, R-5.0, PRD-6, PRD-12, and R-TH shall be of exterior fire resistant construction, having at least 80 percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or material approved for use under a national model code published within the last three code cycles that applies to the construction, maintenance, or other alternation of a building provided the material conforms to local concerns that do not conflict with Section 3000 of the Texas Local Government Code, or 80 percent of the total exterior walls may be an exterior wall insulation and finish system product. All buildings or structures in the P-O, CN, HCO, HC, LB, LI, PCD, PID, CBD, CC, and RA zoning districts shall be of exterior fire-resistant construction having at least 70 percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the city's building code and fire prevention code or material approved for use under a national model code published within the last three code cycles that applies to the construction, maintenance, or other alternation of a building provided the material conforms to local concerns that do not conflict with Section 3000 of the Texas Local Government Code, or 70 percent of the total exterior walls may be an exterior wall insulation and finish system product. All buildings or structures in the BP zoning district shall be of exterior fire-resistant construction having at least 100 percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the city's Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 207 of 251 building code and fire prevention code or material approved for use under a national model code as defined by Section 214.217 of the Texas Local Government Code published within the last three code cycles that applies to the construction, maintenance, or other alternation of a building provided the material conforms to local concerns that do not conflict with Section 3000 of the Texas Local Government Code, or 100 percent of the total exterior walls may be an exterior wall insulation and finish system product. All principal buildings or structures in the GU zoning district shall be of exterior fire resistant construction having at least 70 percent of the total exterior walls excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the city's building code and fire prevention code or material approved for use under a national model code as defined by Section 214.217 of the Texas Local Government Code published within the last three code cycles that applies to the construction, maintenance, or other alternation of a building provided the material conforms to local concerns that do not conflict with Section 3000 of the Texas Local Government Code, or 70 percent of the total exterior walls may be an exterior wall insulation and finish system product. Temporary buildings or structures used as classrooms for the Grapevine—Colleyville Independent School District may be exempt from this requirement. Any buildings or structures located within a historic district or within a site that has received "HL" Historic Landmark Subdistrict designation are exempt from the requirements set forth in this section and must receive an approved Certificate of Appropriateness prior to exterior modifications to ensure exterior modifications keep with the architectural character of the district or landmark. (Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 94-06, § 1, 1-18-94; Ord. No. 95-23, § 1B(Exh. A), 4-4-95; Ord. No. 98-29, § 1C, 2-17-98; Ord. No. 2003-84, § 1D, 12-16-03; Ord. No. 2011-33, § 1.H, 7-19-11) Sec. 55. Performance Standards. A. In any district no land shall be used in any manner other than in compliance with the performance of standards herein set forth. 1. Fire and explosion hazards. ALL activities involving, and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices, standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply. 2. Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity at any point or electrical disturbance. All applicable state and federal regulations shall be complied with. 3. Noise regulation. This provision 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 provision does not apply to any moving vehicle or aircraft nor does it apply to sound emitted from any emergency warning device. This provision does not apply to the following activities as long as they are 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 a. General Provisions 1. A person may not conduct a use that creates a sound which exceeds the sound levels established in Table 1 or that exceeds the background sound levels by 5 dBA., whichever is greater. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 208 of 251 2. A sound level meter that meets the standards of ANSI with Type2 or greater precision must be used to determine whether the level of sound violates those established in this Section. The instrument must be maintained in good working order. A calibration check should be made prior to and following any noise investigation. 3. The sound levels must be measured at the bounding line between properties at a level five feet above ground level. 4. A sound level meter shall be used to determine the L eq in dBA over an eight-minute time period. 5. The sound receiving property with the most stringent requirements will apply. 6. Traffic, aircraft, and other background sounds are not to be considered in measuring sound levels except when the background sound level is being determined. 7. All outdoor speakers in non-residentially zoned properties shall face away from contiguous residential zoning districts. Table 1 Maximum Permissible Sound Pressure Levels By Receiving Zoning District L eq Sound Level, dBA, Limits for Continuous Sound Sources District Day Time (7:00 AM to 10:00 PM) Night Time (10:00 PM to 7:00 AM) Residential 59 52 Corrections for Character of Sound Applied to Table 1 values are as follows: •If Sound is Impulsive in Character —(hammering, popping, exploding, etc.) Subtract 5 dB from Maximum Permissible Sound Levels Note that for the purpose of this provision, an impulsive sound shall exist when the sound changes at a rate greater than 10 dB per second. The sound level meter should use Fast Response for this evaluation. •If Sound is Periodic in Character —(hum, buzz, screech, etc.) Subtract 5 dB from Maximum Permissible Sound Levels Note that for the purpose of this provision, a pure tone shall exist if the one-third octave band sound pressure level with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. A one-third octave band spectrum analyzer instrument will be required to make these evaluations. 4. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in subsection B. 5. Lighting: The purpose of this section is to regulate the placement, orientation, distribution patterns and fixture types of outdoor lighting. The intent of this section is to encourage lighting that provides safety, utility and security; also to prevent glare on public roadways, protect the privacy of residents and reduce atmospheric light pollution. These lighting regulations except for paragraphs (1.)(b.) and (1.)(c.) do not pertain to any exterior lighting allowed by electric permit issued prior to 04/17/01. Lighting for city or school district sports facilities and athletic fields, lighting located in a city right-of- way, facilities in areas zoned RA, Recreational/Amusement, emergency lighting, temporary Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 209 of 251 construction lighting, Christmas lighting and those temporary uses permitted in Section 42 are exempted from these lighting provisions. All properties that are within the area bounded by Bethel Road, Bass Pro Boulevard and State Highway 26 on the south; Fairway Drive on the west; and the city limits line on the north and east are exempt from the lighting regulations in Section 5. In the case of uses allowed by a conditional use permit, the appropriateness of the lighting shall be reviewed and approved as part of the approval of the conditional use permit. a. Light fixtures excluding accent lighting of architectural building features and lighting of public art or public monuments shall be mounted no higher than the highest point of the primary structure on the property. In no case shall light poles be greater than 30 feet in height. b. All lighting excluding accent lighting of architectural building features, landscape architectural features, trees and lighting of public art, flagpoles and/or flags as allowed in Section 60, and public monuments shall comply with the following guidelines: (1) All lighting sources greater than 60 watts shall be provided with full-cutoff shielding with opaque tops and reflectors to: (a) Eliminate all direct upward illumination with the exceptions indicated in Section 5.e. below. (b) Eliminate all direct visibility of the lighting element at a point five feet above the ground level at all subject property lines adjacent to any residential zoning district(s). (c) Reduce light levels at ground level of all property lines of the subject property to the following levels based on the zoning of the adjacent properties: •Single-family 0.2 footcandles •Multiple-family .5 footcandles •Non-residential districts, streets 3.0 footcandles •Industrial districts 5.0 footcandles c. All lighting sources except "accent lighting" as it pertains to features outlined in paragraph 5.b. shall be directed downward to limit light levels at the subject property boundaries to those stated in Section 5.b.1.c. d. Illumination levels as required in Section 5.b.1.c. can be accomplished by louvers, baffles, visors or shields placed on the fixture or by fences, berms, elevation or any other method such that the required limitations indicated in Section 5.b.1.c. are met. e. Accent lighting of architectural building features may be provided through string or neon lighting elements to highlight architectural features providing the light levels for adjacent properties stated in Section 5.b.1.c are not violated. Upward lighting of architectural building features, public art, public monuments and signs is allowed, providing the lighting elements are shielded as stated in Section 5.b. and light levels for subject properties are limited as stated in Section 5.b. All illuminated exterior signs shall meet the requirements of Section 5.b. f. Metering equipment lighting levels of outdoor lighting shall be measured in footcandles with a direct reading portable light meter with a color and cosine corrected sensor with multiple scales. The meter shall read within an accuracy of plus or minus five percent. It shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer within one year of date of use as attested to by a certificate issued by such laboratory. All lighting installations shall be tested by a State of Texas licensed Professional Engineer or a Registered Master Electrician prior to final inspection by the city. Test results shall be submitted to the Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 210 of 251 building inspection department prior to final inspection. It shall be the property owner's responsibility to provide testing results at any time after the issuance of a certificate of occupancy, if requested by the building official to prove that legal illumination levels are being met. g. Measurements to determine light levels shall be done with metering equipment described in Section 5.f. with a sensor mounted no more than six inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made when the meteorological optical range is six miles or greater such that measurements will not be adversely affected by atmospheric scatter. Measurements shall be made after dark with the subject property light sources off and then with them on. The difference between the two readings shall be compared to the footcandle maximum ratings indicated in Section 5.b.1.c. This procedure eliminates the effects of moonlight and other ambient light. h. In addition to the above requirements, no site lighting, building lighting, vehicular lights, or combination thereof shall be designed, installed, or utilized, so as to create reflective glare that creates a hazard, reduces privacy or inhibits the enjoyment of the surrounding properties. i. For purposes of Section 55.A.5. subject property shall be the property under study or investigation pursuant to the requirements of Section 55.A.5. 6. Liquid or solid waste. No discharge at any point into any public sewer, private sewer disposal system, or stream or into the ground, except in accordance with standards approved by the State Health Department or standard equivalent to those approved by such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements. B. In order to determine if actual violations are involved, certain measurements shall be taken to enforce performance standards for noise and vibration. These measurements are as follows: 25 feet from the source of origin at the closest lot line in any district or at the closest lot line if the distance from the source of origin is less than 25 feet. C. Qualified expert consultants may be employed for analysis if, in the opinion of the building official, the proposed uses may cause dangerous or objectionable emissions. Consultant reports shall be completed according to a schedule agreed upon by the building official. Copies of reports shall be provided to both the building official and the applicant. D. In case of alleged violations of performance standards, the building official shall investigate and determine whether or not a violation is established otherwise by the city. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 2001-34, § 1(Exh. O), 4-17-01; Ord. No. 2002-27, § 1O, 3-19-02; Ord. No. 2003-84, § 1E, 12-16-03; Ord. No. 2009-04, § 1.R, 1-20-09) Sec. 56. Off-Street Parking Requirements. In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street parking space in accordance with the following requirements: A. Minimum off-street parking requirements: The minimum number of off-street parking spaces herein required shall be computed and provided in accordance with the following specifications: 1. The number of spaces required shall serve residents, customers, patrons, visitors and employees. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 211 of 251 2. Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet by 22 feet for each parallel parking space and nine feet by 18 feet for each angular head-in parking space, and shall be designed in accordance with minimum city standards. 3. All maneuvering for off-street parking shall be accomplished on private property. 4. The minimum required off-street parking shall be provided to patrons of the associated use free of charge, unless approved with a special use permit in accordance with Section 49 of this ordinance. B. Unclassified use: Where the proposed land use cannot be classified within the uses herein specified, the City Council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use. C. Number of parking spaces required: Multiuse projects shall have aggregate parking requirements. The minimum number of off-street parking spaces required shall be as follows: Use Number of parking spaces Required For Each Residential Single-family dwellings; attached, detached, townhouse, duplex 2 Dwelling unit Mobile home subdivision 2 Dwelling unit Apartment, condominiums, triplex, fourplex 2 Dwelling unit Motel or hotel 1 parking space per guestroom for a hotel/motel with no restaurant or meeting facilities; 1.25 parking spaces per guestroom of a hotel/motel with restaurant or meeting facilities. The minimum number of parking spaces may be varied subject to and conditioned upon approval of a conditional use permit, pursuant to Section 48 of this ordinance and an approved site plan. Multifamily Short-term Rental At least one off-street parking space each for the greater of: 1) each bedroom or room where sleeping quarters are provided; and 2) every two (2) guests in the short-term rental’s advertised capacity. Institutional Church 1 3 seats in main sanctuary Public health center 1 200 sq. ft. of gross floor area Community, civic center 1 3 seats Institution; religious, charitable or philanthropic organization 1 200 sq. ft. of gross floor area Place of public assembly 1 3 seats Hospital 2 Bed Skilled nursing facility or institutional home for elderly 1 Each bed (Design Cap.) Residence home for elderly 1.1 Dwelling unit Day care center 1 300 sq. ft. of day care activity space Governmental office buildings 1 200 sq. ft. gross floor area Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 212 of 251 Libraries & museums & galleries 1 400 sq. ft. of public floor area School, kindergarten & elementary 1 20 students (Design Cap.) School, junior high, middle school 1 12 students (Design Cap.) School, senior high 1 3 students (Design Cap.) Lodge or fraternal organization 1 200 sq. ft. gross floor area Personal care facility 5 plus 1 2 beds Food and Beverage Service Eating or drinking establishment, service to auto 12 plus 1 50 sq. ft. of floor area Eating or drinking establishment, no service to auto 1 3 persons (maximum occupant load for a building) Food service establishment, carry-out service only 1 100 sq. ft. gross floor area Winery 5 plus 1 1,000 sq. ft. of production floor area. 1 50 sq. ft. of area designated for public assembly. 1 2 visitors to be determined by the number of visitors per hour (visitors per hour determined by tour frequency and tasting room capacity). plus 100% of any required parking For each additional use. Wine tasting facility 1 3 persons (Maximum occupant load for a building.) Office, Professional or Financial Uses Bank or savings and loan office 1 300 sq. ft. of gross floor area Medical or dental 5 plus 1 150 sq. ft. of gross floor area Office, professional 5 plus 1 300 sq. ft. of gross floor area Dance, drama, or music studio 1 2 students (Design Cap.) Personal Service, Rental Uses Personal service establishment, excluding barber & beauty shops 5 plus 1 200 sq. ft. gross floor area Barber & beauty shops 1 100 sq. ft. of gross floor area Automotive retail sales & service (except automotive parts or secondary sales) 1 2,000 sq. ft. of site area Motor vehicle or marine service & repair 1 125 sq. ft. gross floor area Marine retail sales (except recreational marinas, commercial moorage & sale of boat parts or accessories 1 2,000 sq. ft. of site area Retail establishments in buildings 5 plus 1 200 sq. ft. gross floor area Outdoor retail sales 1 600 sq. ft. of site area exclusive of buildings Shopping centers, malls & multi-occupancy with the GLA over 25,000 sq. ft. to 400,000 sq. ft. of GLA 4 1,000 GLA Shopping centers, malls & multi-occupancy centers with the GLA between 400,000 to 600,000 sq. ft. 4.5 1,000 GLA Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 213 of 251 Shopping centers, malls & multi-occupancy with the GLA over 600,000 sq. ft. 5 1,000 GLA Shopping Centers, Malls & Multi-Occupancy Parking Requirements Office areas exceeding 20% of the GLA of shopping centers, malls & multi-occupancy 2.5 additional spaces 1,000 GLA of office space Cinemas occupying up to 10% of shopping centers, malls & multi-occupancy containing less than 100,000 sq. ft. of GLA 3 additional spaces for each 100 cinema seats Cinemas providing more than 450 seats in shopping centers, malls & multi-occupancy having between 100,000 to 200,000 sq. ft. of GLA 3 additional spaces for each 100 seats above the initial 450 seats Cinemas providing more than 750 seats in shopping centers malls & multi-occupancy having over 200,000 sq. ft. of GLA 3 additional spaces for each 100 seats above the initial 750 seats Eating or drinking establishments in shopping centers, malls & multi-occupancy having more than 25,000 sq. ft. and less than 100,000 sq. ft. of GLA spaces 10 additional each 1,000 sq. ft. of food or drinking establishment Eating or drinking establishments in shopping centers, malls & multi-occupancy having more than 100,000 sq. ft., but less than 200,000 sq. ft. of GLA 6 additional each 1,000 sq. ft. of food or drinking establishment Eating or drinking establishments in shopping center, malls & multi-occupancy having 200,000 sq. ft., but less than 600,000 sq. ft. of total GLA 4 additional each 1,000 sq. ft. of food or drinking establishment Recreation, Social and Entertainment Uses Indoor commercial amusements 1 100 sq. ft. of enclosed floor area Outdoor commercial amusements 20 plus 1 6 seats Bowling alley 20 plus 3 Lane Theaters/cinemas 1 4 seats Outdoor theater 1 2 seats Golf course (public and private) 5 Hole 1 10 linear feet of driving area Plus 50% of any required parking For each additional use Indoor skating facilities 1 Per 2.5 persons based on occupant load of skating surfaces Plus 1 Per 3 persons based on spectator seating Mini-warehouses 1 3000 sq. ft. of floor area Storage, Wholesale and Manufacturing Warehousing and enclosed storage areas 1 2,000 sq. ft. of area Manufacturing 1 1,000 sq. ft. of floor area Brick or lumber yard or similar use 1 3,000 sq. ft. lot area D. Exceptions: Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 214 of 251 building official that parking for two specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. Example: Church and professional office building. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 3, 9-18-84; Ord. No. 88-09, § 1(E), 1-19-88; Ord. No. 91-78, § 1, 10-15-91; Ord. No. 92-26, § 1E., 5-19-92; Ord. No. 92-75, § 1L, 11-17-92; Ord. No. 93-53, § 2(F), 10-19-93; Ord. No. 98-115, § 1D, 9-15-98; Ord. No. 99-170, § 1, 11-16-99; Ord. No. 2001-99, § 1C, 12-18-01; Ord. No. 2012-11, § 1D, 3- 20-12; Ord. No. 2022-062, § 12, 9-20-22) Sec. 57. Off-Street Loading Requirements. In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street loading facilities in accordance with the following requirements: A. Minimum off-street loading requirements. The minimum number of off-street loading spaces herein required shall be computed and provided in accordance with the following classifications: 1. Any department store, industrial plant, manufacturing establishment, retail establishment, storage warehouse, or wholesale establishment, which has an aggregate gross floor area of 10,000 square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least 12 feet wide, 14 feet high and 35 feet long in accordance with the following table: Square feet of aggregate gross floor area Required number of spaces 0 to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each additional 90,000 over 490,000 1 additional 2. Any auditorium, convention hall, exhibition hall, hotel, restaurant, sports arena, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least 12 feet wide, 14 feet high and 35 feet long in accordance with the following table: Square feet of aggregate gross floor area Required number of berths 150,000 or less 1 150,001 to 400,000 2 400,001 to 660,000 3 660,001 to 970,000 4 970,001 to 1,300,000 5 1,300,001 to 1,630,000 6 1,630,000 to 1,960,000 7 Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 215 of 251 1,960,001 to 2,300,000 8 For each additional 350,000 over 2,300,000 1 additional 3. Any bus depot, truck terminal, or other similar personal and/or material terminal facility shall be provided with off-street loading spaces at least 12 feet wide, 14 feet high, and 35 feet long in accordance with the following: One loading space for each bus, truck, or transit vehicle normally operating from such terminal during peak operation periods. (Ord. No. 84-16, § 2(A), 4-9-84) Sec. 58. Parking, Loading, and Outside Storage Area Development Standards. A. The off-street parking facilities required for the uses mentioned in this ordinance, and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve, or upon a lot or parcel of land within 300 feet of the lot or tract of land upon which the structure they are intended to serve is located and shall be exclusive of landscaping requirements. For hotels/motels in excess of 500 rooms with restaurants, clubs and conference facilities in excess of 100,000 square feet which must comply with the development requirements set forth in Section 29, "HCO" Hotel and Corporate Office District, any required or additional off-street parking may be provided upon another lot or parcel of land with no distance requirements between the off-site paring and the principal use it is intended to serve. A site plan and a conditional use permit meeting all of the requirements of Section 48 shall be required. B. All required off-street parking and loading and drives, vehicle (autos, trucks, trailers, boats, etc.) sales, display areas and outside storage areas in all districts shall be paved to a minimum standard equivalent to four-inch concrete slab with six inches by six inches by six gauge mesh wire or two-inch hot mix asphaltic concrete over six-inch crushed rock base. Exceptions to these pavements must be approved by the city engineer, and be based on equivalency. All reinforcing in concrete shall be suspended in the center of the slab. For property with designation as a historic landmark subdistrict, a six-inch crushed limestone base or other approved base material with an approved granular or other approved topping may be allowed. For property with designation as a historic landmark subdistrict, a ribbon driveway may be used to provide access from the street to the off-street parking area/garage. The ribbon drive shall be composed of two, 30-inch wide concrete strips separated by a 36-inch wide grass area. C. Driveway design and placement standards shall be in accordance with Chapter 20, Article III, of the City of Grapevine Code of Ordinances. D. No loading space shall be located closer than 50 feet to any other lot in any R district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight feet in height. E. Lighting facilities. Refer to Section 55.A.5 for applicable lighting standards. F. The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage dismantling or servicing of any vehicles, equipment, materials or supplies. G. The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, or on a lot or parcel of land abutting the structure they are intended to serve. H. All parking, loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. An overwide sidewalk on private Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 216 of 251 property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right- of-way in any case. I. Driving lane widths in all private parking lots shall conform to the following standards: 30° 45° 60° 75° 90° One-way 18' 20' 20' 22' Not allowed Two-way 25' 25' 25' 25' 25' All turning radii 25 feet minimum J. In nonresidential districts, surface parking may extend to the front property line, except for required screening and landscaping as set forth in the various sections of this ordinance. K. In determining the required number of parking spaces, fractional spaces shall be counted to the next whole space. Parking spaces located within buildings used for repair garages or carwashes shall not be counted in determining the required minimum off-street parking. L. Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. M. Paving, marking and signing shall be provided in accordance to the design requirements as set forth in the Manual on Uniform Traffic-Control Devices. N. Kindergartens, day schools and similar child training and care establishments shall provide two loading and unloading spaces on a private drive, off-street to accommodate two motor vehicles for the first 20 students or children, and one for each additional 20 students. O. Internal traffic cross access providing interconnecting access between developments or lots, exclusive of public street access, shall be required between all nonresidential developments to alleviate traffic hazards in the public right-of-way. Cross access will not be required between industrial zoning and other nonresidential zoning districts. Specific exceptions are noted in the driveway design and placement standards, Chapter 20, Article III, of the City of Grapevine Code of Ordinances. Exceptions to this requirement would require approval by the Planning and Zoning Commission and City Council through either an approved concept plan or a site plan. Internal cross access will not be required for properties having driveways approved by a concept plan in accordance with Section 45, or a site plan in accordance with Section 47, prior to June 21, 1994. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 84-73, § 3, 9-18-84; Ord. No. 88-09, § 1(F)—(H), 1-19-88; Ord. No. 94-50, § 1B, 6-21-94; Ord. No. 94-68, § 1, 8-16-94; Ord. No. 95-12, § 1(D), (E), 2-21-95; Ord. No. 99-170, § 1, 11-16-99; Ord. No. 2000-109, § 1, 10-3-00; Ord. No. 2001-34, § 1(Exh. P), 4-17-01; Ord. No. 2002-14, § 1A, 1-15-02) Sec. 59. Communications Antennas, Support Structures, and Satellite Dishes. A. Purpose. The purpose of this section is to regulate the installation of communications antenna, satellite dishes, and support structures in order to: 1. Encourage collocation of new and existing structures; 2. Minimize the total number of structures throughout the community; 3. Encourage the use of stealth structures; Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 217 of 251 4. Protect the character and integrity of Grapevine neighborhoods and districts, including the historic district; and 5. Enhance the ability of telecommunication service providers to provide such services to the community quickly, effectively, and efficiently. B. Applicability. 1. This section applies to all commercial and amateur antenna installations located outside of the City of Grapevine’s right-of-way, unless exempted by Section 59.B.3. 2. Information required to demonstrate compliance with this section shall be shown on a Site Plan and Landscape Plan pursuant to Section 47, Site Plan Review, and Section 53, Landscaping Regulations. 3. Direct broadcast satellite reception, multi-channel multi-point distribution as defined by the Federal Communications Commission, television reception antennas, and amateur radio antennas meeting the following requirements do not require a permit unless identified in Section 49.B.1. a. In any zoning district, antennas that are one meter (39 inches) or less in diameter. b. In nonresidential zoning districts, antennas that are two (2) meters or less in diameter. c. In any zoning district, antennas designed to receive television broadcasts. d. In any zoning district, amateur radio antennas concealed behind, on, or within attics, eaves, gutters, or roofing. e. In any zoning district, amateur radio ground-mounted whips and wire antennas unless mounted on a pole or mast over twenty (20) feet in height. 4. An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right. 5. Exceptions. a. Small cell node support poles, transport facilities, and network nodes, as they are defined in Section 12 and Texas Local Government Code Chapter 284, within the rights-of-way in the City shall not be subject to this Section but shall be subject to the provisions of the City’s Right-of-Way Ordinance. b. Regulations contained herein shall not apply to the extent that they have been preempted by specific regulations of the Federal Communications Commission to the contrary. C. Site Standards for all Commercial Antennas and Antenna Support Structures/Towers 1. Collocation required a. Collocation of antennas on telecommunication structures shall be required. No new antennas or telecommunication structures shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that the service provider is experiencing a significant gap in service for which no existing telecommunication structure can accommodate the applicant's proposed antennae. Evidence submitted to demonstrate the factors shall consist of a propagation map and corresponding data that identifies the following: (a) That a large number of the service provider’s subscribers are unable to connect or maintain a connection to the national telephone network through applicant’s wireless telecommunications network; Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 218 of 251 (b) That no existing telecommunication structures, including elevated storage tanks, are located within the geographic service area which meet the applicant's engineering requirements; (c) That existing telecommunication structures are not of sufficient height or structural strength to meet the applicant's engineering requirements; and (d) That there are other limiting factors that render existing telecommunication structures unsuitable. b. A “dead spot” or small area within a service area where the field strength is lower than the minimum level for reliable service, does not constitute a significant gap in service. 2. Minimum Distance Between Structures Required a. When new telecommunication structures are proposed, the following separation between structures must be maintained: Antenna and/or Antenna Support Structure, High Rise Antenna and/or Antenna Support Structure, Low Rise Stealth Antenna and/or Antenna Support Structure, High Rise 1,500 ft 750 ft n/a Antenna and/or Antenna Support Structure, Low Rise 750 ft 750 ft n/a Stealth n/a n/a n/a b. Separation distances may be reduced with the approval of a Specific Use Permit, in accordance with Section 49. 3. Design Standards for All Commercial Antennas and Telecommunication Structures a. Telecommunication structures (high-rise and low-rise) shall be of a monopole design with all associated antennae fully encased within the structure. b. Unless otherwise permitted herein, all commercial signs, lights, and attachments shall be prohibited on any antennae or telecommunication structure, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the Federal Aviation Administration (FAA). c. Any proposed telecommunications structure shall be designed in all respects to accommodate both the applicant's antennae and comparable antennae as follows: Height of Proposed Tower/Structure Additional User Accommodation Required 40’ to 100’ 2 Greater than 100’ 3 d. Telecommunication structures must be designed to allow for future rearrangements of antennae upon the tower and to accept antennas mounted at varying heights. e. A minimum 6-ft tall masonry screening wall with Low Evergreen Shrubs shall be provided around all associated ground equipment and/or materials. The maximum height of the masonry screening wall shall not exceed the maximum allowable screening device height of the governing zoning district. 4. Heights and Setbacks a. Notwithstanding any height restrictions and exceptions within this section, antenna and telecommunication structures (low-rise and high-rise): (a) shall not exceed 125’ if located in a non-residential district; Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 219 of 251 (b) shall not exceed a height of 175’ if located in an industrial district; and (c) shall not exceed height limitations imposed by virtue of aircraft approach and turning zone height restrictions. b. Telecommunication structures (low-rise and high-rise) shall be setback from all property lines a distance equal to the height of the telecommunication structure. This setback may be reduced with the approval of a Specific Use Permit. D. Satellite dishes, parabolic antennas, and other similar antennas. Satellite dishes, parabolic antennas, and other similar antennas shall also comply with the following: 1. In residential districts, the following regulations shall apply: a. All (any size) satellite dishes, parabolic antennas, and other similar antennas shall be prohibited within the front yard and side yard at corner setback areas. b. Satellite dishes, parabolic antennas, and other similar antennas greater than three feet shall not exceed 12 feet in diameter, shall be allowed only in the rear half of a lot, shall observe secondary building setbacks, and shall be required to receive a permit. c. Satellite dishes shall be permitted on the roof of a building, provided they do not exceed three feet in diameter and do not extend more than ten feet above the roof of the building, except satellite dishes shall be prohibited upon roofs of residential uses within the HGT district if visible from a public right-of-way. d. Satellite dishes, parabolic antennas, and other similar antennas greater than three feet in diameter within the HGT district shall be so located and screened within the rear half of the lot so as to blend with and conform to the historic district's design standards and/or character in order to preserve the historic integrity of the district. Design approval shall be through the normal historic district design review process prior to submitting a permit application. e. Only one satellite dish, parabolic antenna, or other similar antenna shall be permitted per dwelling unit. 2. In all nonresidential zoning districts, the following shall apply: a. All (any size) satellite dishes, parabolic antennas, and other similar antennas shall be allowed only in the rear half of a lot, and shall observe secondary building setbacks. b. Satellite dishes, parabolic antennas, and other similar antennas shall be permitted on the roof of a building, provided they do not exceed three feet in diameter and do not extend more than ten feet above the roof of the building, except satellite dishes shall be prohibited upon roofs of residential uses within the HGT district if visible from a public right-of-way. c. Satellite dishes over three feet in diameter, but not exceeding 12 feet in diameter, may be mounted on the roof of a structure, provided a letter affirming its structural stability is written by a registered architect or engineer and submitted to the chief building official. Roof-mounted satellite dishes may not extend more than 12 feet above the roof of the building. Roof-mounted satellite dishes that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings. d. Satellite dishes greater than three feet in diameter within the HGT and PD districts shall be so located and screened within the rear half of a lot as to blend with and conform to the district's design standards and character in order to preserve the integrity of the district. Design approval shall be through the normal historic district design review process prior to submitting a permit application. e. Only one satellite dish, parabolic antenna, or other similar antenna shall be permitted per primary structure, unless specifically required for business needs and approved through the site plan process. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 220 of 251 Sec. 60. Sign Standards. Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards: A. Sign permits. No sign, except for signs listed in Section 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section 60. B. Classification of signs. 1. Functional types. a. Nameplate signs. b. On-premise signs. Signs within developments with frontage on Grapevine Mills Parkway (F.M. 2499), Grapevine Mills Boulevard North, North State Highway 121, Freeport Parkway, and a segment of West State Highway 114 frontage on the Payton-Wright Addition, Lots 3R1, and 3R2 shall be considered on-premise signs, regardless of the lot on which they are placed, provided the following conditions are met: (1) A conditional use for such sign is approved by City Council. (2) Written permission for the placement of such sign is submitted to the city by the owner of the property on which the sign is placed. c. Development signs. In residential districts, said sign shall be removed after four (4) years, or when ninety (90) percent of the lots are sold, whichever occurs first. In all other zoning districts, said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. Construction signs. This temporary sign may be located only on the premises on which the construction is taking place and only during the period when construction is taking place. Said sign shall be removed prior to the issuance of the first Certificate of Occupancy. e. Real estate signs. Said sign shall be removed upon the sale or lease of the property. Real Estate signs advertising the lease or rent of buildings or space within buildings shall comply with the following regulations: (1) The sign shall be removed when the building is one hundred (100) percent occupied. This percentage shall be exclusive of common areas. (2) The property owner or authorized management company (but in no case the sign contractor) shall submit a notarized affidavit with all permit applications for real estate signs on a form provided by the City. Said affidavit shall certify that the building is less than one hundred (100) percent occupied, exclusive of common areas. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 221 of 251 (3) The sign permit shall be valid for a period of not more than one year or when the structure becomes one hundred (100) percent occupied, exclusive of common areas, whichever comes first. The permit may be renewed annually provided the building is less than one hundred (100) percent occupied, exclusive of common areas. A twenty one dollar ($21.00) renewal fee is required. A new affidavit (as described above) shall be submitted certifying that the building is less than one hundred (100) percent occupied, excluding common areas. (4) In lieu of providing an affidavit certifying that the building is less than one hundred (100) percent occupied, the property owner or authorized Management Company may provide a notarized affidavit showing that a vacancy will occur within thirty (30) days. f. Political signs. g. Subdivision signs. A subdivision sign shall not be located in any right-of-way or easement in the subdivision. h. Temporary directional signs. Said sign shall not be located in any right-of-way or easement. 2. Structural types. a. Awning, canopy and marquee signs. No such sign shall project above, below, or beyond the physical dimensions of the awning, canopy or marquee. b. Ground signs. All ground signs must conform to the following regulations: (1) Sign support shall be masonry, non-decaying wood, or structural steel tubing. (2) Sign face shall be non-decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors. (3) Maximum gross surface area: Sixty (60) square feet, except signs in the HGT District shall be nine (9) square feet. (4) Ground sign conditional uses: The following conditional uses may be permitted provided they meet the provision of Section 48 and a conditional use permit is issued: Sign face with changeable copy. (5) Ground signs in the BP Business Park District: i. Maximum sign height: Ten (10) feet ii. Maximum gross surface area: Two hundred (200) square feet. iii. 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. c. Monument signs. The height of the sign, including the base shall be measured from ground level. A monument sign may be located on a two (2) foot high berm or masonry planter box. All monument signs must conform to the following regulations: (1) Sign support shall be masonry or structural steel tubing. (2) Sign face shall be non-decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 222 of 251 (3) Maximum gross surface area: One hundred (100) square feet except as provided for in Section 60.B.2c.6. (4) Maximum sign height: Ten (10) feet except as provided for in Section 60.B.2c.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. d. Pole signs. Pole signs shall conform to the following regulations: (1) Engineering regulations. All pole signs shall be designed in accordance with Chapter 23 of the Grapevine Building Code. All plans and specifications shall be prepared by a professional engineer. Wind pressure design for signs shall be twenty (20) pounds per square foot for signs less than thirty (30) feet in height and twenty-five (25) pounds per square foot for signs thirty (30) feet to forty (40) feet in height. (2) Sign cabinet. Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Planning Services. (3) Sign cabinet minimum gross surface area. Thirty (30) square feet. (4) Maximum sign cabinet dimensions and maximum gross surface area. The maximum gross surface of the sign cabinet shall be one hundred eight (108) square feet with a maximum cabinet width of twelve (12) feet, a maximum cabinet height of twelve (12) feet and a maximum cabinet depth of fourteen (14) inches. (5) Sign face. Flat, clear acrylic sheet, or other material approved by the Director of Planning Services; all copy and background sprayed on second surface with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon tubing on solid background. (6) Changeable copy. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. All explanatory text related to the changeable copy shall be calculated as a part of the thirty (30) percent gross surface area. (7) Sign finish. Degrease, prime, and finish coat all exposed metal surfaces as required. (8) Sign support color. Painted surfaces are to match architecturally with the main structure on the lot. (9) External illumination. Neon tubing on a solid background is allowed. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 223 of 251 (10) Internal illumination. Internal illumination provided by fluorescent lamps spaced no further than twelve (12) inches on center. (11) Overall sign height. All signs to be twenty (20) feet in height. (12) Pole sign conditional uses. The following conditional uses may be permitted provided they meet the provisions of Section 48 and a conditional use permit is issued: a. All pole signs erected after April 17, 2001 will be permitted upon approval of a conditional use permit. b. A sign face with changeable copy exceeding thirty (30) percent of the gross surface area of the sign face. c. Pole signs on property zoned Neighborhood Commercial, Community Commercial and Highway Commercial and located adjacent to Highway 121 (excluding from a point 2,400 feet due south of the southern right-of- way of Timberline Drive south to the city limit line), Highway 360 and Highway 114 (excluding Business 114), and F.M. 2499 may be a minimum of twenty (20) feet in height up to forty (40) feet in height. Pole signs on property located contiguous to Highway 26 shall be limited to twenty (20) feet in height, except for Lots 1 and 2, Block 1, Wal-Mart Addition, which shall have pole signs up to thirty (30) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. d. Pylon signs on property zoned Community Commercial located adjacent to Highway 121 (from a point 2,400 feet due south of the southern right- of-way of Timberline Drive south to the city limit line) with a planned commercial center designation, may be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pylon signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall not exceed 24 (twenty-four) feet in width or height, a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. Such signs shall be multi-tenant signs and shall conform to the architectural standards of the shopping center. e. The Director of Planning Services may approve the replacement of an existing pole/pylon signs, approved in conjunction with a conditional use permit, with a monument sign. f. Pole signs and multi-tenant pole signs on property zoned Highway Commercial located along a segment of West State Highway 114 frontage on the Payton-Wright Addition, Lots 3R1 and 3R2, with a planned commercial center designation, may include a multi-tenant sign, be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pole signs and multi-tenant pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall not exceed twenty-four (24) feet in width or height, a maximum of thirty-six (36) Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 224 of 251 inches in depth and a maximum grows surface area of two hundred eighty-eight (288) square feet, provided the following conditions are met: i. A conditional use for such sign is approved by the City Council. i. Written permission for the placement of such sign is submitted to the City by the owner of the property on which the sign is placed. e. Projecting signs. f. Roof signs. g. Wall signs. h. Portable commercial billboards. i. Portable on-site business signs. j. Portable sandwich board. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. (3) Signs shall not be placed in front of adjoining property. No portion of the sign shall extend more than three (3) feet from the building face. (4) A minimum clear sidewalk width of forty-eight (48) inches shall be maintained. (5) Chalkboards may be used for daily changing messages. No changeable letters on tracks may be used. (6) Sign must be removed after business hours. (7) Portable sandwich boards shall be allowed on any commercially zoned property with frontage on Main Street from Peach Street to the north and Nash Street to the south, any property zoned "CBD" Central Business District and any commercially zoned property with a historic landmark subdistrict overlay. k. Historic wall sign. l. Temporary directional signs. Temporary directional signs shall conform to the following regulations: (1) Maximum sign height shall be fifteen (15) feet. (2) Maximum area: The maximum gross surface of the sign cabinet shall be sixty- four (64) square feet for signs placed on state highways and thirty-two (32) square feet for signs placed on property fronting streets designated on the City of Grapevine Thoroughfare Plan. (3) Permitted locations: Signs shall be located only on property fronting State Highways or property fronting on streets designated on the City of Grapevine Thoroughfare Plan. (4) Maximum number of signs shall be two (2) signs for any subdivision. (5) Minimum spacing shall be one hundred (100) feet measured radially from all other off-site development signs. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 225 of 251 (6) The sign shall be removed upon permits being issued to build upon ninety-five (95) percent of the lots being advertised. (7) Temporary directional signs are permitted in all zoning districts. (8) Permits issued for temporary directional signs shall be issued for periods of two years. Permits shall become null and void when permits are issued to build upon ninety-five (95) percent of the lots in a subdivision being advertised. (9) Removal of signs: Permittee agrees to remove signs promptly after the permit expires or is terminated. Permittee submits a bond with the application in face amount equivalent to the cost of removing same in the event the sign is not removed within thirty (30) days expiration or termination of the permit. The bond is for the benefit of the City, who may recover its costs incurred in removing same. Permittee, in its application, authorizes the City to remove the sign and releases the City, its officers, agents, servants and employees from all injuries and damages for removal of the same after permittee fails to remove same. m. Pylon signs. n. Electronic message signs. o. Converted digital billboard. 1. An off-premise advertising sign existing in whole or in part may be altered or redeveloped to a Converted Digital Billboard only if all of the following conditions are met: i. the advertising sign exists in whole or in part and fronts State Highway 114. ii. a 2010 right-of-way acquisition by a governmental agency necessitates the alteration or redevelopment of the existing off-premise advertising sign, iii. City Council approves the conversion with a conditional use permit, and iv. Converted Digital Billboards are permitted only on State Highway 114 and any Converted Digital Billboard must be at least 9,000 feet from any other Converted Digital Billboard, as measured on either side of State Highway 114. 2. A converted digital billboard may only be operated with a valid, unexpired conditional use permit. 3. All converted digital billboards shall conform to the following regulations: i. The display must contain a default mechanism that shows full black in case of a malfunction. ii. The display must automatically adjust the sign brightness based on natural ambient light conditions in compliance with the following formula: Digital advertising signs shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Pre-set distances to measure the foot candles impact vary Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 226 of 251 with the expected viewing distances of each size sign. Measurement distance criteria: Face Size Distance to be measured from 12' × 25' 150' 10'6" × 36' 200' 14 × 48' 250' Each digital advertising display must have a light sensing device that will adjust the brightness as ambient light conditions change. iii. The face may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance. iv. The display must have a full color display able to display a minimum of 281 trillion color shades and must be able to display a high quality image with a minimum resolution equivalent to the following table: Digital Display Sign Resolution Chart Size of LED Panel Maximum Pixel Size 100 s/f to 125 s/f 16 mm Greater than 126 s/f 19 mm v. Each message must be displayed for a minimum of eight seconds. vi. Changes of message must be accomplished within two seconds. vii. Changes of message must occur simultaneously on the entire sign face. viii. No flashing, dimming, or brightening of message is permitted except to accommodate changes of message. ix. Ticker tape streaming and streaming video are prohibited. x. Converted digital billboard operators must respond to a malfunction or safety issue within one hour after notification. 4. Before the issuance of a sign permit for a converted digital billboard, the applicant shall provide written certification from the sign manufacturer that: i. The light intensity has been factory programmed to comply with the maximum brightness and dimming standards in the formula in this subsection; and ii. The light intensity is protected from end-user manipulation by password- protected software, or other method satisfactory to the building official. C. General standards. 1. Gross surface area of signs. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign, provided however, that v-shaped signs shall have an angle of ninety (90) degrees or less between sign faces. When two (2) or more signs are located on a zoning lot, Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 227 of 251 the gross surface area of all signs on the lot shall not exceed the maximum gross surface area per street frontage set by the applicable district regulations, except as is provided by Section 60.C.8. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters. 2. Height of signs. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign. 3. Building and electrical codes applicable. All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Grapevine. 4. Illuminated signs. Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. 5. Flashing or moving signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. A sign on which the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time, temperature, or message and do not change more frequently than every 15 seconds. Electronic message signs that meet the following criteria shall be exempt from the requirements of this subsection: a. Sign shall not be visible from public rights-of-way. b. Sign must be on premises. c. Maximum height: 18 inches above grade. d. Maximum gross surface area: 100 square feet per 100 linear feet of street frontage of the lot. If the electronic message sign comprises a portion of another sign, the aggregate area shall not exceed the square footage allowed by the most restrictive type of sign. e. Required setback: (1) Sign shall be setback a minimum of 200 feet from any property line. (2) Sign shall be located a maximum of 75 feet from main building. (3) Sign shall be a minimum of 300 feet from all residentially zoned properties, public parks or designated open space. f. Messages cannot be displayed for more than 20 minutes per hour. g. No flashing or strobing shall be permitted. h. Converted digital billboards that meet the requirements of this Section 60 are exempt from the requirements of this subsection. 6. Accessway or window. No sign shall block any required accessway or window. 7. Signs on trees or utility poles. No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. 8. Corner and through lots. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 228 of 251 phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot. 9. Metal signs. a. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired secondary fixtures attached to a metal sign shall maintain a free clearance to grade of at least nine (9) feet. Secondary lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of at least nine (9) feet to ground. b. No metal ground shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. 10. Permitted monument and ground signs. In all districts where monument and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one monument or ground sign may be permitted for Planned Commercial Centers provided they meet the provisions of Section 48, and a conditional use permit is issued. 11. Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Planning Services, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. 12. Planned Commercial Centers are defined as having a five (5) acre minimum size with a combination of retail stores, offices, personal service establishments and similar uses. 13. Portable and vehicle signs. a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for such sign or constitute the sign itself. Such signs attached to or upon any vehicle or mobile structure shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising establishments, services or products. b. It shall be an affirmative defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total hours such vehicle is in use. c. Exceptions: 1. Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 229 of 251 14. Use of objects as signage. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. The use of stationary elevated display areas such as podiums, pads, ramps, and similar features not to exceed five (5) feet in height to advertise cars, trucks, vans, boats, motorcycles or similar objects for sale for a business which has received a conditional use permit by the Grapevine City Council shall be exempt from the requirements of this section. D. Traffic safety. 1. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control-sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred-twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. E. Exemption. 1. The following signs shall be exempt from the requirements of this section: (a) Flags, or emblems of a government or of a political, civic, philanthropic, educational or religious organization, when displayed on private property. 1) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premises signs or commercial billboards shall not be exempt from this section. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 230 of 251 (f) Temporary political signs regulated by Chapter 20, Article II, Division 3, of the Grapevine Code of Ordinances. (g) Signs in the right-of-way regulated by Chapter 20, Article I, Section 20-17.1 of the Grapevine Code of Ordinances. (h) Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Planning Services. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for an extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. (i) Permission may be granted by the Director of Planning Services as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Planning Services. A permit shall be required. (j) On-premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. (k) Historic replica signs: A sign designed to replicate or duplicate a documented, previously existing sign. Such sign shall be located in a designated historic district and must receive a certificate of appropriateness from the Historic Landmark Commission and a permit shall be required. (l) On premise signage consisting of painted roof signs when not visible from the subject property line, public right-of-way, or public access easement. A permit shall be required for this form of signage. (m) Real estate signs not exceeding eight (8) square feet in area or six (6) feet in height, provided however, that not more than one (1) sign be placed per street frontage. 2. The following signs are exempt from the zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: (a) Nameplate signs not exceeding two (2) square feet in gross surface area secondary to a single-family or two-family dwelling. (b) Nameplate signs not exceeding fifteen (15) square feet in gross surface area secondary to a multiple-family dwelling. (c) On-premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. F. Signs in R-20, R-12.5, R-7.5, R-5.0, R-3.5, R-3.75, R-MH, R-TH, R-MF, R-MODH, PRD-6, PRD-12, and HGT Districts. 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs: (a) On-premise signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in R-MF zoning districts and neighborhood day care centers and Bed and Breakfast Inns approved with a special use permit in Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 231 of 251 accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District. (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District (b) Development signs: See definition 60.B.1.(c). (c) Construction signs: See definition 60.B.1.(d). (d) Real estate signs: See definition 60.B.1.(e). (e) Subdivision signs: (1) Ground signs 2. Number of signs permitted. (a) On-premise: One (1) ground sign per platted lot and one (1) wall sign per street frontage. (b) Development: One (1) per subdivision. (c) Construction: One (1) per each ten (10) platted lots, not to exceed a total of four (4) signs per subdivision. (d) Real estate: One (1) per platted lot. (e) Subdivision sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. Maximum gross surface area. (a) On-premise signs: Thirty-two (32) square feet. (b) Development signs: Sixty-four (64) square feet. (c) Construction signs: Thirty-two (32) square feet. (d) Real estate signs: Eight (8) square feet. (e) Subdivision signs: Sixty (60) square feet per sign. 4. Maximum height: (a) Development signs: Fifteen (15) feet. (b) Construction signs: Twelve (12) feet. (c) Real estate signs: Six (6) feet. 5. Required setback: (a) On-premise: Fifteen (15) feet from the front lot line. (b) Development: Ten (10) feet from the front lot line. (c) Construction: Fifteen (15) feet from the front lot line. (d) Real estate: Five (5) feet from the front lot line. (e) Subdivision sign: Fifteen (15) feet from the front lot line. 6. Illumination. No sign shall be illuminated except that on-premise signs may be illuminated with incandescent or fluorescent light. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 232 of 251 G. Signs in the CBD Central Business District. 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs: (a) Nameplate signs: (1) Wall (b) On-premise signs: (1) Wall signs (2) Ground signs (3) Awning, canopy, marquee (4) Projecting (5) Portable sandwich board (6) Historic wall sign (c) Real estate signs: (1) Wall 2. Number of signs permitted: (a) Nameplate: One (1) per storefront. (b) On-premise signs: Awning, canopy, marquee, and either one (1) wall sign per each individual wall for each lease space or one (1) projecting sign, and one (1) ground sign per platted lot, one (1) portable sandwich board per building and historic wall signs as approved by the Historic Preservation Commission. (c) Real estate: One (1) per storefront. 3. Maximum gross surface area: (a) Nameplate: Two (2) square feet. (b) Projecting signs: Twenty-five square feet. (c) Real estate: Sixteen (16) square feet. (d) Wall signs: Fifteen (15) percent of the wall, except for historic wall signs approved by the Historic Preservation Commission. (e) Awning, canopy and marquee: Twenty-five (25) percent of the awning, canopy or marquee. 4. Maximum height: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8) feet above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. 5. Required setback: (a) Ground signs: Ten (10) feet. 6. Illumination: Illuminated signs are permitted for nameplate and on-premise signs only. H. CN Neighborhood, CC Community Commercial, RA Recreation/Amusement and PCD Planned Commercial Development Districts. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 233 of 251 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate signs: (1) Wall (b) On-premise signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (6) Pylon (only permitted in CC Community Commercial District and in accordance with Section 60.B.2.d.12.d.) (c) Development signs: See definition 60.B.1.(c) (d) Construction signs: See definition 60.B.1.(d) (e) Real estate signs: See definition 60.B.1.(e). (f) Subdivision signs: (1) Ground 2. Number of signs permitted: (a) Nameplate signs: One (1) per lease space. (b) On-premise signs: One (1) ground, monument or pole 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 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) Development signs: One (1) per platted lot. (d) Construction signs: One (1) per platted lot. (e) Real estate signs: One (1) per platted lot. (f) Subdivision sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. Maximum gross surface area: (a) Nameplate Signs: Two (2) square feet. (b) Developments: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 234 of 251 (d) Real estate: Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, canopy or marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision signs: Sixty (60) square feet per sign. 4. Maximum height: (a) Development, construction: Fifteen (15) feet. (b) Real estate: Ten (10) feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. 5. Required setback: (a) On-premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real estate: Fifteen (15) feet. (e) Subdivision signs: Fifteen (15) feet. 6. Illumination: Illuminated signs are permitted for nameplate and on-premises signs only. I. LB, GV, PO, and HCO Districts. 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs: (a) Nameplate signs: (1) Wall (b) On-premises signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit; not allowed in the Grapevine Vintage District) (5) Monument (c) Development signs: See definition 60.B.1.(c). (d) Construction signs: See definition 60.B.1.(d). (e) Real estate signs: See definition 60.B.1.(e). (f) Subdivision signs: (1) Ground 2. Number of signs permitted: Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 235 of 251 (a) Nameplate signs: One (1) per lease space. (b) On-premise signs: One (1) ground, monument or pole 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. (c) Development signs: One (1) per platted lot. (d) Construction signs: One (1) per platted lot. (e) Real estate signs: One (1) per platted lot. (f) Subdivision signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. Maximum gross surface area: (a) Nameplate: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real estate: Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, canopy, marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision signs: Sixty (60) square feet per sign. 4. Maximum height: (a) Development, construction: Fifteen (15) feet. (b) Real estate: Ten (10) feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. (c) On-premise: Awning, canopy, marquee: Thirty (30) feet in HCO District. 5. Required setback: (a) On-premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real estate: Fifteen (15) feet. (e) Subdivision signs: Fifteen (15) feet. 6. Illumination: Illuminated signs are permitted for nameplate and on-premises signs only. J. HC Highway Commercial District. 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate signs: (1) Wall Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 236 of 251 (b) On-premise signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (c) Development signs: See definition 60.B.1.(c) (1) Ground (2) Pole (d) Construction signs: See definition 60.B.1.(d) (1) Ground (2) Pole (e) Real estate signs: See definition 60.B.1.(e). (f) Subdivision signs: (1) Ground 2. 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, 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 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. (d) Development signs: One (1) per platted lot. (e) Construction signs: One (1) per platted lot. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 237 of 251 (f) Real estate signs: One (1) per platted lot. (g) Subdivision signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. Maximum gross surface area: (a) Nameplate signs: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real estate: Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, canopy or marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision signs: Sixty (60) square feet per sign. 4. Maximum height: (a) Development, construction: Fifteen (15) feet. (b) Real estate: Ten (10) feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. 5. Required setback: (a) On-premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real estate: Fifteen (15) feet. (e) Subdivision signs: Fifteen (15) feet. 6. Illumination: Illuminated signs are permitted for nameplate and on-premises signs only. K. LI Light Industrial, BP Business Park and PID Planned Industrial Development Districts: 1. Functional/structural types permitted. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate signs: (1) Wall (b) On-premise signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit; not allowed in the Business Park District) Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 238 of 251 (5) Monument (c) Development signs: See definition 60.B.1.(c) (d) Construction signs: See definition 60.B.1.(d) (e) Real estate signs: See definition 60.B.1.(e) (f) Subdivision signs: (1) Ground 2. Number of signs permitted: (a) Nameplate signs: One (1) per lease space. (b) On-premise signs: One (1) ground, monument or pole 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. However, in the case of a Planned Business Park approved pursuant to a conditional use permit on property zoned BP Business Park, the City Council may authorize and approve one (1) or more additional ground or 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 additional ground or 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. (c) Development signs: One (1) per platted lot. (d) Construction signs: One (1) per platted lot. (e) Real estate signs: One (1) per platted lot. (f) Subdivision signs: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. Maximum gross surface area: (a) Nameplate signs: Two (2) square feet. (b) Development: Sixty-four (64) square feet. (c) Construction: Sixty-four (64) square feet. (d) Real estate: Sixteen (16) square feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be thirty-two (32) square feet. (e) Wall: Twenty-five (25) percent of the wall. (f) Awning, canopy or marquee: Fifty (50) percent of the awning, canopy or marquee. (g) Subdivision signs: Sixty-four (64) square feet per lot. 4. Maximum height: (a) Development, construction: Fifteen (15) feet. (b) Real estate: Ten (10) feet, except that signs located on lots fronting State Highways 114, 121, 360 and State Highway 26 east of Texan Trail/Ruth Wall Street may be fifteen (15) feet. 5. Required setback: Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 239 of 251 (a) On-premise: Ten (10) feet. (b) Development: Ten (10) feet. (c) Construction: Fifteen (15) feet. (d) Real estate: Fifteen (15) feet. (e) Subdivision signs: Fifteen (15) feet. 6. Illumination: Illuminated signs are permitted for nameplate and on-premise signs only. L. GU Governmental Use District. Signs in a Governmental District shall meet the sign requirements of the most restrictive adjacent or contiguous district, except wall, ground, or monument signs are permitted for public schools adjacent to any district. The City Council may authorize and approve a sign that does not comply with the most restrictive adjacent or contiguous district 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 a sign in order to properly and adequately apprise the public relative to the activities being conducted on the site by issuance of a conditional use permit. M. Application to extraterritorial jurisdiction: In accordance with Section 215, Texas Local Government Code, the provisions of Section 60 are extended to the extraterritorial jurisdiction of the City as defined by Section 43, Texas Local Government Code. (Ord. No. 85-39, § 1(B), 8-20-85; Ord. No. 86-11, § 1(A), 1-21-86; Ord. No. 87-10, § 1, 2-17-87; Ord. No. 87-39, § 1(L), (M), 7-21-87; Ord. No. 88-81, § 1(B), 11-15-88; Ord. No. 89-10, § 1(C)—(H), 1-17-89; Ord. No. 89-78, § 1(O), 11-21-89; Ord. No. 90-42, § 1(H), 7-17-90; Ord. No. 91-13, § 1, 2-19-91; Ord. No. 91-71, § 1, 9-17-91; Ord. No. 93- 53, § 2(G), 10-19-93; Ord. No. 94-50, § 1C, 6-21-94; Ord. No. 94-103, § 1(A)—(G), 11-15-94; Ord. No. 95-12, § 1(F)— (J), 2-21-95; Ord. No. 95-96, § 1A, B, 12-19-95; Ord. No. 96-16, 1B, 3-26-96; Ord. No. 96-59, § 1.F.—H., 8-6-96; Ord. No. 97-18, § 1A, 2-18-97; Ord. No. 98-41, §§ 2C—2G, 3-23-98; Ord. No. 98-48, § 1E, 4-21-98; Ord. No. 98-132, §§ 2, 3, 10-20-98; Ord. No. 99-50, § 1K, L, 3-23-99; Ord. No. 2001-15, § 1, 2-20-01; Ord. No. 2001-34, § 1(Exh. Q), 4-17- 01; Ord. No. 2001-90, § 1D, 11-20-01; Ord. No. 2002-14, § 1B, 1-15-02; Ord. No. 2002-75, § 1, 9-17-02; Ord. No. 2004-42, § 1C, 6-15-04; Ord. No. 2005-94, § 1C, 11-15-05; Ord. No. 2006-15, § 1, 2-21-06; Ord. No. 2006-23, § 1, 3- 21-06; Ord. No. 2007-07, § 1, 2-20-07; Ord. No. 2009-04, §§ 1.S—W, 1-20-09; Ord. No. 2010-63, §§ 1.A—D, 10-19- 10; Ord. No. 2011-33, §§ 1.I, J, 7-19-11; Ord. No. 2013-40, § 1, 8-20-13; Ord. No. 2015-053, §§ 3—5, 9-15-15; Ord. No. 2017-029, § 2, 5-16-17; Ord. No. 2018-044, § 3, 5-15-18) Sec. 61. Administration and Enforcement. A. Authorization. The Director of Planning Services of the City of Grapevine shall be the zoning administrator and in that capacity shall be authorized to expend such funds to employ deputies and clerical assistants and to carry out the duties of the zoning administrator under this ordinance as shall be approved from time to time by the City Council. B. Duties of the zoning administrator. In furtherance of this authority and in addition to the duties designated to him or her under this ordinance and other ordinances of the city, the zoning administrator or their duly designated and authorized representative shall: 1. Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all city ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other city Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 240 of 251 laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance; 2. Receive applications for certificates of occupancy and compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy, receive applications for certificates of use and occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of city ordinances pertaining to said applications; issue certificates of occupancy and compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance; 3. Receive applications for approval of a master development plan pursuant to Section 46 of this ordinance, and provide the Planning and Zoning Commission with such clerical and technical assistance with such applications as the commission may require in the performance of its duties; 4. Receive, review, and approve, when authorized by the terms of this ordinance, site plans and concept plans submitted pursuant to Sections 45 and 46 of this ordinance, and provide clerical and technical assistance to the Planning and Zoning Commission in connection with site plans and concept plans that are required by this ordinance to be approved by the commission; 5. Receive applications for variances pursuant to Section 67 of this ordinance and for vested rights determinations pursuant to Section 69 of this ordinance; 6. Receive applications for conditional use permits and for special use permits pursuant to Sections 48 and 49 of this ordinance; 7. Receive petitions for amendments to the text of the zoning ordinance and for the rezoning of property that is subject to this ordinance; 8. Provide such clerical and technical assistance to the City Council, Planning and Zoning Commission, and Board of Zoning Adjustment as they may require in the performance of their duties under this ordinance; 9. Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified; 10. Conduct inspections of buildings, structures, signs and uses of any premises to determine compliance with the terms of any application, permit or certificates issued by their office; 11. Maintain permanent and current records of official actions on all building permits, certificates of inspection, master development plans, conditional uses, special uses, variances, vested rights determinations, appeals and applications therefor and all functions of the office of zoning administrator related to the administration of this ordinance; 12. Prepare and have available in book, pamphlet or map form, on or before March 1 of each year: (a) The compiled text of the zoning ordinance and amendments thereto, including all amendments adopted through the preceding December 31, and (b) A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31; 13. Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance, and the rules of the Board of Zoning Adjustment and the Planning and Zoning Commission. A reasonable fee for each copy shall be charged to defray the cost of printing. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 241 of 251 C. Inspection and right of entry. The zoning administrator, and his duly authorized representatives, are hereby authorized to make inspections of all buildings, structures and premises located within the city to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the zoning administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the city. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any days except Sunday, subject to the following standards and conditions: 1. Such inspections may take place only if a complaint respecting said premises has been received by the zoning administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the city are being inspected in their entirety; 2. Such inspection shall be made by the zoning administrator or by any duly authorized representative upon his direction; 3. Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the city and to determine the purpose of said inspection. The zoning administrator, or his duly authorized representative, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. D. Notice of violation. Whenever the zoning administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the city, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall: 1. Be in writing and include a statement of any alleged violations; 2. Allow a reasonable time for the correction of any violation or the performance of any other required act; 3. Be served upon the owner or his agent or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof: (1) is served upon him personally, or (2) is sent by certified mail to his last known address; or (3) is posted in a conspicuous place in or about the building, structure or premises affected by the action. When such an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the zoning administrator exist, he shall cause to be issued to the owner of said property a certificate of inspection attesting to the fact. (Ord. No. 85-33, § 1(D), 7-16-85) Sec. 62. Reserved. Sec. 63. Reserved. Sec. 64. Certificate of Occupancy and Compliance. A. No existing building and no building hereafter erected or structurally altered, or any land, shall be occupied, used, changed in use or changed in occupancy until a certificate of occupancy and compliance shall have been issued by the building official, stating that the building and proposed use of the building, if any, and Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 242 of 251 land comply with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, with the provisions of this ordinance and all other applicable city ordinances. The certificate of occupancy and compliance shall be applied for to coincide with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the building official, and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected. B. The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the building official. C. It shall be unlawful for any public utility, including the City of Grapevine, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the building official of the city. (Ord. No. 84-16, § 2(A), 4-9-84, Ord. No. 88-81, § 1(C), 11-15-88) Sec. 65. Reserved. Sec. 66. Reserved. Sec. 67. Amendments. A. Application for zoning changes. 1. Any person, firm or corporation requesting a change in zoning on any property from one district classification to another district classification under this ordinance shall make an application in writing to the city planning department requesting a change in zoning, which application shall contain the following information: a. Legal description of the land on which a zoning change is requested, together with the local street address. b. Name and address of the owner of the property. c. Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. d. District use under which the property is regulated at the time of making application and the district use requested by the applicant. e. Any other information concerning the property as may be reasonably requested by the city planning department. 2. 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 $500.00 for all tracts that do not exceed one acre and an additional filing fee of $25.00 per acre, on any part thereof, for each additional tract that exceeds one 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 "HL" designation, there shall be no fee. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 243 of 251 For established planned commercial centers in excess of five acres, the application fee for conditional/special uses shall be determined as follows: (a) For interior modifications relative to established structures regardless of the size of said structure, the fee shall be $500.00. (b) For new construction with an established legally described property boundary the fee shall be based solely on the size of said legally described property which shall be calculated as follows: $500.00 for the first acre and an additional $25.00 per acre or part thereof. (c) For any modifications to the approved plan for an established planned commercial center that affects or is relative to the entire planned commercial center, the fee shall be based upon the size, in acres, of the entire center. 3. A waiting period of one-year between the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the City Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts, on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one- year waiting period shall not be applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission or to any proposed amendment or change denied by the City Council without prejudice. For purposes of this section, denied by the City Council shall mean that on final reading: (a) a motion by the City Council to deny the requested zoning change passed by a majority of the quorum present and voting; or (b) a motion by the City Council to deny or approve the requested zoning change received a tie vote of the quorum present and voting; or (c) a motion by the City Council to approve the requested zoning change failed for lack of having the necessary votes; or (d) a motion by the City Council to approve a withdrawal of a requested zone change, when requested by the applicant, that is approved by a majority of the quorum present and voting. A denial without prejudice must be expressly granted by the City Council, except that a tie vote shall automatically constitute a denial without prejudice. An application for an amendment to the zoning ordinance or a requested change in zoning can be tabled (postponed) no more than once and must be scheduled to be heard no later than the next scheduled joint public hearing. This requirement also applies to applications being considered during the Planning and Zoning Commission's deliberations. This requirement shall not apply to requests to table initiated by city staff, the City Council, or the Planning and Zoning Commission. 4. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the commission and council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four- month period. 5. 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 "HL" designation, there shall be no requirement for a sign to be erected on the property for which the Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 244 of 251 request has been filed. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such 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. B. Changes and amendments. 1. Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the City Council for a change or amendment to the provisions of the ordinance, or the Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signatures of the owners of all property within the area of request. 2. The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts or regulations or definitions herein. Before taking action on any proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report. 3. Public Hearings. (a) The Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment, supplement or change shall be sent to all owners, occupants or lessees of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by depositing a notice, properly addressed and postage paid in the United States Post Office, to such property owners as the ownership appears on the last approved city tax roll. (1) In addition to the foregoing notice, written notice of each public hearing regarding any proposed amendment, supplement or change under which a current conforming use of a property would become a nonconforming use shall be provided to affected owners of real property in accordance with the same procedures in subsection 3.(a) above and shall contain the following text in bold 14-point type or larger: “THE CITY OF GRAPEVINE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY.” (b) The Planning and Zoning Commission shall hold a public hearing on any amendment or addition to the definitions in Section 12 after at least 10 days’ notice of the time and place of such hearing has been given by publication at least one time in the official newspaper of the City of Grapevine. (c) A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. At least 15 days' notice of the time and place of such hearing shall be published in the official newspaper of the City of Grapevine. (d) Joint Hearings. The City Council and the Planning and Zoning Commission may hold a joint public hearing on any proposed amendment, supplement, or change by ordinance to the boundaries of the districts or regulations herein. The joint public hearing shall be conducted in accordance with the rules of procedure adopted by the City Council. Both the City Council and the Planning and Zoning Commission shall have the opportunity to hear public testimony and ask questions. 4. Changes to any aspect of a zoning case or conditional use application, including changes to concept plans or site plans, that the City Council or Planning and Zoning Commission consider, in their sole judgment, to be significant that are proposed by the applicant shall not be considered, unless filed with the city at least 14 days prior to the scheduled public hearing. In the event such a proposed change is filed less than 14 days prior to the scheduled public hearing, the Planning and Zoning Commission or Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 245 of 251 City Council may decline to consider the proposed changes or may continue the public hearing to a date certain that is at least 14 days from the date said proposed change was filed. This section does not apply to any changes proposed by the Planning and Zoning Commission or City Council. 5. If such proposed amendment, supplement or change has been denied by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more either of the area of the lots included in such proposed change or those immediately adjacent to and extending 200 feet therefrom, such amendment shall not become effective except by a three-fourths vote of the members of the City Council of the City of Grapevine. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-22, § 3(D), 5-21-85; Ord. No. 86-44, § 1(B), 7-15-86; Ord. No. 88-27, § 1(A), 3-15-88; Ord. No. 99-90, § 1A, 6-15-99; Ord. No. 99-50, § 1M, 3-23-99; Ord. No. 99-101, § 1A, 7-6-99; Ord. No. 99-50 (Corr.), § 2O, 10-3-00; Ord. No. 2001-90, § 1E, 11-20-01; Ord. No. 2014-11, § 1, 2-18-14) Sec. 68. Board of Zoning Adjustment. A. There is hereby created a Board of Zoning Adjustment which shall consist of five regular members, each to be appointed by a majority of the City Council for a term of two years. B. In addition to the five regular members of the Board of Zoning Adjustment, three alternate members of the Board of Zoning Adjustment, who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager, shall be appointed by a majority of the City Council, so that all cases heard by the Board of Zoning Adjustment will always be heard by a minimum of four members. C. Regular members and alternate members of the Board of Zoning Adjustment shall serve a term of two years and until their successors are appointed and qualified. Regular and alternate members of the Board of Zoning Adjustment may be removed from office for cause by the City Council upon written charges and after a public hearing. D. The Board of Zoning Adjustment shall select from among its regular members, a chairman, and acting chairman, to act in the absence of the chairman, and a secretary. E. The Board of Zoning Adjustment may adopt rules to govern its proceedings and conduct of the business before the board. Any rule or rules shall be adopted by a resolution by the board, entered upon the minutes of the board and a copy thereof shall be filed with the city secretary of the City of Grapevine. F. Meetings of this board shall be held at the call of the chairman, and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman shall administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. G. Appeals to the Board of Zoning Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the city, affected by any decision of the building inspector or other administrative officer of the city relative to the zoning ordinance. Such appeal shall be taken within 15 days after the date of the decision of the building inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and within the Board of Zoning Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record from which the appeal was taken. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 246 of 251 1. A filing fee of $100.00 to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice or appeal filed with the Board of Zoning Adjustment. 2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Zoning Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Adjustment of a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown. 3. The Board of Zoning Adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing any party may appear in person, by agent or by attorney. H. The Board of Zoning Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this ordinance. 2. To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance, if any. 3. To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship as determined by the criteria identified in Section 211.009 of the Texas Local Government Code, so that the spirit of this ordinance shall be observed and substantial justice done. 4. To permit in any district such modification of the requirements of the district regulations as the board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two or more sides there are lots occupied by buildings which do not conform to the regulations of the district. 5. To interpret district boundaries where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Sections 5.A.1 through 5.A.6. I. The following limitations on authority shall apply to the Board of Zoning Adjustment: 1. The Board of Zoning Adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in subsection 68.H.3. 2. The Board of Zoning Adjustment shall have no power to grant or modify conditional use permits authorized under Section 48 of these regulations. 3. The Board of Zoning Adjustment shall have no power to grant a zoning amendment. In the event that a written request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board of Zoning Adjustment shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment. 4. The Board of Zoning Adjustment shall not grant a variance for any parcel of property or portion thereof upon which an application for a site plan, preliminary plat, or final plat is pending for decision on the agenda of the Commission or, where applicable, of the City Council, in which case the site plan or plat application shall be decided first. If the site plan or construction plat application is dependent on the granting of a variance by the board, the application may only be approved on condition that the variance is granted. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the Board of Zoning Adjustment. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 247 of 251 J. In exercising its powers, the Board of Zoning Adjustment may, in conformity with the provisions of this ordinance and the provisions of Articles 1011-A to 1011-J, both inclusive, after amended, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 1. The concurring vote of four members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variance to this ordinance. 2. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Zoning Adjustment. K. No appeal to the Board of Zoning Adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of one year from the date of a ruling of the Board of Zoning Adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year period, been altered or changed by a ruling of the Board of Zoning Adjustment, in which each such change of circumstances shall permit the allowance of an appeal. (Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 97-76, § 2, 8-4-97) Sec. 69. Determination of Vested Rights. A. Upon application, the Board of Zoning Adjustment may authorize, as a special exception to the otherwise applicable provisions of this ordinance, the issuance of building permits for a specific proposed development that is not permitted by the terms of the zoning ordinance whenever the board finds that the applicant has demonstrated that he had a pre-existing, investment-backed, good faith expectation that he would be permitted to commence and complete a specific proposed development that has vested under the standards set out in paragraphs C, D, and E of this Section 69. B. [Definition:] (1) For the purpose of this Section 69, an "investment-backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible change of position that imposes on the applicant an obligation to expend substantial sums of money in the future. (2) For the purpose of this Section 69, the "date of notice that rezoning is in progress" shall be August 2, 1983, for a property included in the "moratorium area" by Resolution No. 83-34, passed and approved on September 6, 1983, as amended. In the case of all other properties hereafter rezoned, the "date of a notice of rezoning in progress" shall be the date that a notice of a public hearing on the proposed rezoning is first published in the official newspaper of the City of Grapevine. C. In considering whether a development expectation has vested, the board shall consider: (1) Whether there has been an act of the City of Grapevine or an officer or agency of the city upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective zoning regulations with respect to the applicant's property. (2) The extent to which the applicant has, prior to the date of notice that rezoning is in progress, made a substantial commitment of money or resources directly associated with physical improvements on the Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 248 of 251 land such as grading, land balancing, installation of utility infrastructure or other public improvements, or for the design of specific buildings and improvements to be constructed on the site. (3) The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years. (4) Whether the applicant prior to the date of notice that rezoning is in progress has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof. (5) Whether prior to the date of notice that rezoning is in progress the applicant has incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant will be unable to meet unless he is permitted to proceed with the proposed development. (6) Whether enforcement of the terms of the currently effective zoning regulations will expose the applicant to substantial monetary liability to third persons; or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. (7) Whether the right of the applicant to commence and complete the proposed development may have vested only with respect to an identifiable and discrete portion of the proposed development. D. The right of the applicant to commence and complete construction of a specific proposed development, or a portion thereof, is vested if the applicant can demonstrate that: (1) He owned the parcel proposed to be developed on the date of notice that rezoning was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted. (2) Applying the considerations set out in paragraph C of this Section 69, the development expectations of the applicant were reasonable and final when formulated and were investment-backed. (3) Requiring that the applicant's property be developed in accordance with the currently effective zoning restrictions will, considering the investment of applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the proposed rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: (a) Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development. (b) Expenditures for taxes except for any increases in tax expenditures which result from governmental approvals or the construction of improvements on the property of the applicant. (c) Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated. E. The fact that property has been or is in a particular zoning classification under this ordinance, or any prior zoning ordinance of the city, shall not, in itself, establish that an applicant's right to develop has vested. F. Any person, firm, or corporation having an ownership interest in property may file an application for a determination that the right to commence and complete a specific development on that property has vested. Such application shall be filed with the Board of Zoning Adjustment, shall contain a recital of the facts which are claimed to support the vested rights claim, and shall contain such other information as the city manager may specify. Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 249 of 251 G. A public hearing shall be held by the Board of Zoning Adjustment on an application for a vested rights determination. At least 15 days' notice of the date, time and place of such hearing shall be published in the official newspaper of the City of Grapevine and shall be sent to the applicant and all other persons who are owners of real property, as the ownership appears on the last city tax roll, lying within 200 feet of the property which is the subject of the application. H. A stenographic transcript of the public hearing and the deliberations of the Board of Zoning Adjustment on vested rights applications shall be kept. I. Within 30 days after the public hearing on an application, the Board of Zoning Adjustment shall file its written findings of fact and conclusions and serve the same by certified mail on the applicant and each person who filed an appearance in the public hearing. J. Any determination made by the board with respect to the vesting of development rights shall be the minimum necessary to provide the applicant with a reasonable rate of return on his investment made before a notice of rezoning in progress with respect to his property. K. A determination of the board with respect to vested rights under this Section 69 shall expire and be of no further force or effect unless construction is actually commenced within one year of the date the determination is made. L. Any person, firm or corporation claiming a vested right to commence and complete a specific proposed development who does not file an application for a determination under this Section 69, within six months of the effective date of an amendatory ordinance rezoning his property so as to prohibit his proposed development shall be deemed to have waived his right to seek such a determination. (Ord. No. 84-16, § 2(D), 4-9-84) Sec. 70. Penalty. 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 $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. 83-71, § 5, 11-1-83; Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 87-85, § 11, 12-15-87) Sec. 71. Reserved. Sec. 72. Reserved. Sec. 73. Savings Clause. It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, illegal or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. (Ord. No. 84-16, § 2(A), 4-9-84) Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 250 of 251 Sec. 74. Existing Zoning Regulation Designation and Changes. A. Ordinance No. 55-6 passed on August 2, 1955, and Ordinance No. 70-10 passed on April 7, 1970, as amended and all zoning districts, regulations and zoning classifications heretofore established under said ordinances as indicated upon the official zoning map of the City of Grapevine on file and of record in the office of the city planner of the City of Grapevine, shall remain in full force and effect until amended or changed to conform to the districts, regulations and zoning classifications under the terms and provisions of this ordinance. B. As soon as practicable after the effective date of this ordinance, the City Council shall institute proceedings to rezone all of the City of Grapevine to conform to the districts, regulations and classifications established by this ordinance. Such changes may be by block, tract, section, or other area classification. Any person desiring to do so may at any time make an application for a change from a zoning district use, zoning use designation or classification of property heretofore zoned by Ordinance No. 55-6 or Ordinance No. 70-10 or an ordinance amending Ordinance No. 55-6 or Ordinance No. 70-10 to a similar district use, zoning use designation or zoning use classification under this ordinance so that the zoning of his property will conform to the provisions of this ordinance. C. Any request for a zoning change coming before the City Council after the effective date of this ordinance, if granted by the City Council shall be granted in conformity with the terms and provisions of this ordinance. D. Whenever under the terms of this ordinance a use is prohibitive within a specified distance from an R-20, R- 12.5, or R-7.5, it shall also be held to include single-family dwelling district uses under Ordinance No. 55-6 or Ordinance No. 70-10 of the City of Grapevine. (Ord. No. 84-16, § 2(G), 4-9-84) Sec. 75. Ordinances Not Repealed. Ordinance No. 55-6 adopted and approved by the City Council of the City of Grapevine, Texas, on the 2nd day of August, 1955, Ordinance No. 70-10, adopted on April 7, 1970 and all amendments thereto shall remain in full force and effect after the effective date of this ordinance until such time as the City Council of the City of Grapevine shall hold public hearing and define and create the use districts herein established, except that after the effective date of this ordinance all requests for zoning changes in property use shall be made under this ordinance, and if zoning changes and use designations are made by the City Council they shall be made under the terms and provisions of this ordinance, in accordance with the districts and the regulations herein established. (Ord. No. 84-16, § 2(G), 4-9-84) Sec. 76. Exceptions and Exemptions Not Required to be Negated. In any complaint and in any action or proceedings brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, proviso or exemption contained in this ordinance, and the burden of proof of any such exemption, excuse, proviso or exemption shall be upon the defendant. (Ord. No. 84-16, § 2(G), 4-9-84) Sec. 77. Emergency. The fact that the present zoning ordinance and regulations of the city are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the city creates an emergency for the Created: 2023-01-30 19:37:22 [EST] (Supp. No. 50) Page 251 of 251 immediate preservation of the public which requires that this ordinance shall become effective from and after the date of its passage, as provided by the charter of the city, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ON FIRST READING this the 19th day of October, 1982, A.D. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ON FINAL READING this the 2nd day of November, 1982, A.D. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney