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HomeMy WebLinkAboutORD 2024-111 ORDINANCE NO. 2024-111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE RELATIVE TO LEGISLATIVE UPDATES FROM THE 86TH, 87TH AND 88TH TEXAS LEGISLATURES, (AM24-04); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Legislature has enacted multiple statutory changes impacting zoning, land use, and related regulatory practices during the 86th, 87th, and 88th legislative sessions; and WHEREAS, these legislative updates include revisions to local government authority over zoning, development standards, permitting processes, and land use decisions; and WHEREAS, the City of Grapevine is committed to aligning its zoning ordinances and regulations with current state law to ensure legal compliance, enhance transparency, and provide consistency in land use governance; and WHEREAS, this amendment to the City of Grapevine's Zoning Ordinance will incorporate necessary changes to address state legislative requirements, promote fair development practices, and protect public health, safety, and welfare; and WHEREAS, the City of Grapevine has reviewed the changes in state law to ensure that local zoning regulations remain effective, fair, and aligned with both community goals and statutory obligations; and WHEREAS, the City of Grapevine is a home-rule municipality authorized to adopt and enforce ordinances necessary to protect heath, life, and property to preserve good government and the security of its inhabitants; and WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance to regulate the location and use of buildings and land in full accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the health, safety, and welfare of the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein; and WHEREAS, the City desires to implement those rules and regulations that protect health, life, and property and that preserve good government, order, and security of the City and its inhabitants; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the text between the Appendix D title and Section 1 – “Preamble.” of the Zoning Ordinance, is hereby amended, as follows: **** 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; Ordinance No. 2024-111 2 AM24-04 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; 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, and 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 Board of Zoning Adjustment and duties of such board. Ordinance No. 2024-111 3 AM24-04 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 any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day on which a reported violation is committed will be deemed a separate offense. 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. **** Section 3. That Section 1 of the Zoning Ordinance – "Preamble.”, is hereby amended, as follows: **** 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 on December 17, 2024. **** Section 4. That Section 3 of the Zoning Ordinance – “Districts and Boundaries Thereof.”, is hereby renamed and amended, as follows: **** 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. Ordinance No. 2024-111 4 AM24-04 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-3.75 Three- 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. 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. Ordinance No. 2024-111 5 AM24-04 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. 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. Ordinance No. 2024-111 6 AM24-04 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. Ordinance No. 2024-111 7 AM24-04 2. The existing development on the site and the density and intensity of use in such development. **** Section 5. That Section 4 of the Zoning Ordinance – “Official Zoning Map.”, is hereby amended, as follows: **** 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 Secretary, 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 Secretary 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 Secretary 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 Ordinance No. 2024-111 8 AM24-04 the City Council adopts under this section replaces and supersedes any prior Official Zoning Map following adoption. **** Section 6. That Section 5 of the Zoning Ordinance – “Rules for Interpretation of District Boundaries.”, is hereby renamed and amended, as follows: **** 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. 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. **** Section 7. That Section 6 of the Zoning Ordinance – “General Provisions.”, is hereby, renamed and amended, as follows: **** 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 Ordinance No. 2024-111 9 AM24-04 provisions of this ordinance may continue subject to the provisions of Section 43 of this ordinance relating to nonconforming uses. **** 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 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. **** 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. **** Section 8. That Section 7 of the Zoning Ordinance – “Newly Annexed Territory.”, is hereby renamed and amended, as follows: **** 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. **** Section 9. That Section 8 of the Zoning Ordinance – “Zoning Designation of Vacated Streets and Alleys.”, is hereby renamed and amended, as follows: Ordinance No. 2024-111 10 AM24-04 **** 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. **** Section 10. That Section 9 of the Zoning Ordinance – “Railroad Rights-of-Way and Tracks.”, is hereby renamed. Section 11. That Section 10 of the Zoning Ordinance – “Water Areas.”, is hereby renamed. **** 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. **** Section 12. That Section 12 of the Zoning Ordinance – “Definitions.”, is hereby amended, as follows: **** 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 for 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. Ordinance No. 2024-111 11 AM24-04 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. 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. Ordinance No. 2024-111 12 AM24-04 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: 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. 5. Ordinance No. 2024-111 13 AM24-04 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 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 Ordinance No. 2024-111 14 AM24-04 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. Ordinance No. 2024-111 15 AM24-04 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: Ordinance No. 2024-111 16 AM24-04 (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. 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. Ordinance No. 2024-111 17 AM24-04 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. 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. Ordinance No. 2024-111 18 AM24-04 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. Ordinance No. 2024-111 19 AM24-04 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. 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 (L). The time weighted, mean squared, A- eq 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 Ordinance No. 2024-111 20 AM24-04 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 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 Ordinance No. 2024-111 21 AM24-04 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. Ordinance No. 2024-111 22 AM24-04 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. 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 Ordinance No. 2024-111 23 AM24-04 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. 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. Ordinance No. 2024-111 24 AM24-04 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. Microwave reflector/antenna. An apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive and/or transmit microwave Ordinance No. 2024-111 25 AM24-04 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 Ordinance No. 2024-111 26 AM24-04 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. 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 Ordinance No. 2024-111 27 AM24-04 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. Permissible sound pressures level. The equivalent sound pressure level (L ) and eq for this regulation measured over an eight-minute time period. See Section 55.A. Ordinance No. 2024-111 28 AM24-04 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. Ordinance No. 2024-111 29 AM24-04 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. 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. Ordinance No. 2024-111 30 AM24-04 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. 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. Sign, Development. A temporary sign identifying the developing tract of land on which it is located. Ordinance No. 2024-111 31 AM24-04 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. Ordinance No. 2024-111 32 AM24-04 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. 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. Ordinance No. 2024-111 33 AM24-04 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. Ordinance No. 2024-111 34 AM24-04 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. Ordinance No. 2024-111 35 AM24-04 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. 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. Ordinance No. 2024-111 36 AM24-04 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. 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. Ordinance No. 2024-111 37 AM24-04 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. Ordinance No. 2024-111 38 AM24-04 Ordinance No. 2024-111 39 AM24-04 Ordinance No. 2024-111 40 AM24-04 Ordinance No. 2024-111 41 AM24-04 Ordinance No. 2024-111 42 AM24-04 Ordinance No. 2024-111 43 AM24-04 Ordinance No. 2024-111 44 AM24-04 Ordinance No. 2024-111 45 AM24-04 Ordinance No. 2024-111 46 AM24-04 Ordinance No. 2024-111 47 AM24-04 Ordinance No. 2024-111 48 AM24-04 Ordinance No. 2024-111 49 AM24-04 **** Section 13. That Section 13 of the Zoning Ordinance – “R-20, Single-Family District Regulations.”, is hereby amended, as follows: **** A. Permitted uses: The following uses shall be permitted as principal uses: **** 4. Agricultural uses subject to the provisions of Ordinance 75-25, Chapter 6, Section 6-2. **** 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. **** 3. Cabana, pavilion, pergola, or roofed area. **** 5. Secondary buildings (storage buildings, hobby shops, barns). 6. Signs subject to the provisions of Section 60. Ordinance No. 2024-111 50 AM24-04 **** 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: two (2) dwelling units per acre of gross area. 2. Lot size: 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: 40 percent of the combined area occupied by all main and secondary buildings and structures of the total lot area. 5. Maximum impervious area: 60 percent of the combined area occupied by all buildings, structures, off-street parking and paved areas of the total lot area. 6. Minimum floor area: 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. Minimum distance between buildings: 30 feet, between principal and secondary buildings on adjacent lots. **** I. Maximum Height: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: one and one-half (1 ½) stories, 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, or a designee, after a determination Ordinance No. 2024-111 51 AM24-04 is made by the director that it is not feasible to park said vehicle in the side or rear yard. **** 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. **** Section 14. That Section 14 of the Zoning Ordinance – “R-12.5, Single-Family District Regulations.”, is hereby amended, as follows: **** A. Permitted uses: The following uses shall be permitted as principal uses: **** 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: **** 2. Cabana, pavilion, pergola, or roofed area. **** 4. Secondary buildings. **** 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. Ordinance No. 2024-111 52 AM24-04 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 Except reverse frontage lots shall be a minimum of 110 feet in width. 5. Depth of lot: 100 feet 6. Minimum distance between buildings: 16 feet, between principal or secondary buildings on adjacent lots. **** I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. secondary structure: one and one-half (1 ½ ) stories, 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. **** 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services, 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. **** 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. **** Section 15. That Section 15 of the Zoning Ordinance – “R-7.5, Single-Family District Regulations.”, is hereby amended, as follows: **** Ordinance No. 2024-111 53 AM24-04 A. Permitted uses: **** 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: **** 2. Cabana, pavilion, pergola, or roofed area. **** 4. Secondary buildings. 5. Signs subject to the provisions of Section 60. **** 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. **** 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 surface 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. Ordinance No. 2024-111 54 AM24-04 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 6. Minimum distance between buildings: 12 feet, between principal or secondary buildings on adjacent lots. **** I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: one-story, 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. **** 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services, 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. **** 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. **** Section 16. That Section 16 of the Zoning Ordinance – “R-5.0, Zero-Lot-Line District Regulations.”, is hereby amended, as follows: **** A. Principal uses: **** 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. **** Ordinance No. 2024-111 55 AM24-04 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: **** 2. Cabana, pavilion, pergola, or roofed area. **** 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. **** 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. **** 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 Ordinance No. 2024-111 56 AM24-04 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: 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. 8. No dwelling shall be closer than 12 feet between the face of the exterior walls of neighboring dwelling units. **** I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: one-story, (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. **** Ordinance No. 2024-111 57 AM24-04 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services, 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. **** 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. **** Section 17. That Section 17 of the Zoning Ordinance – “R-3.5, Two-Family District Regulations.”, is hereby amended, as follows: **** 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. **** 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. **** 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. **** F. Density requirements: The following density requirements shall apply: 1. Maximum density: eight (8) dwelling units per acre of gross area. 2. Lot size: 8,000 square feet. 3. Minimum open space: 10 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: 40 percent of the combined area occupied by all main and secondary buildings and structures of the total lot area. 5. Maximum impervious area: 60 percent of the combined area occupied by all main and secondary buildings 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 Ordinance No. 2024-111 58 AM24-04 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. **** I. Maximum Height regulations: The following maximum height regulations shall be observed. 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: one-story, 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 shall be provided in accordance with the provisions of sections 56 and 58 of this ordinance and other applicable ordinances of the city. **** 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services, 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. **** 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. **** Section 18. That Section 18 of the Zoning Ordinance – “R-3.75, Three- and Four- Family District Regulations.”, is hereby amended, as follows: **** 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 Ordinance No. 2024-111 59 AM24-04 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. **** 4. Cabana, pavilion, pergola, or roofed area. **** 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. F. Density requirements: The following density requirements shall apply: 1. Maximum density: ten dwelling units per acre of gross area. 2. Lot size: 11,250 square feet for triplexes, and 15,000 square feet for fourplexes. 3. Minimum open space: 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 of the total lot area. 5. Maximum impervious area: 40 percent of the combined area occupied by all main and secondary buildings and structures of the total lot area. 6. Minimum floor area: Every dwelling hereafter erected, constructed, reconstructed or altered in the R-3.75 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 **** I. Maximum Height regulations: The following maximum height regulations shall be observed: Ordinance No. 2024-111 60 AM24-04 1. Principal structure: two (2) stories, 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. Secondary structure: one-story, 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. **** 1. Pursuant to a permit to park said vehicle on a paved driveway in the front yard issued by the Director of Planning Services, 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. **** 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. **** Section 19. That Section 19 of the Zoning Ordinance – “R-MH, Manufactured Home District Regulations.”, is hereby amended, as follows: **** 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. **** D. Area regulations: The following minimum standards shall be required. 1. Depth of front setback: 30 feet 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. Maximum Height regulations: The following height regulations shall be observed: 1. Principal structure: One-story, 15 feet. 2. Secondary structure: One-story, 15 feet. **** Ordinance No. 2024-111 61 AM24-04 Section 20. That Section 20 of the Zoning Ordinance – “R-TH, Townhouse District Regulations.”, is hereby amended, as follows: **** A. Permitted uses: The following uses shall be permitted as principal uses: **** 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 dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: **** 2. Cabana, pavilion, pergola, or roofed area. **** 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. **** F. Density requirements: The following density requirement shall apply: **** 1. Maximum Density: nine (9) dwelling units per gross acre. **** 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. **** I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: Two-story, 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. Secondary structure: One-story, 15 feet. **** Ordinance No. 2024-111 62 AM24-04 Section 21. That Section 22 of the Zoning Ordinance – “R-MF, Multifamily District Regulations.”, is hereby amended, as follows: **** 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. **** 5. Cabana, pavilion, pergola, or roofed area. **** 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. **** 4. Skilled nursing facilities. **** 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) **** 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. **** F. Density requirements: The following density requirements shall apply. **** 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. **** 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 Ordinance No. 2024-111 63 AM24-04 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: 40 feet 2. Depth of rear yard: 30 feet 3. Width of side yard, each side: 20 feet 4. Width of lot: 200 feet 5. Depth of lot: 200 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. **** 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. **** 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: 30 feet b. Depth of rear yard: 25 feet c. Width of side yard, each side: 20 feet d. Width of lot: 150 feet e. Depth of lot: 175 feet **** Section 22. That Section 22A of the Zoning Ordinance – “R-MODH, Modular Home District Regulations.”, is hereby amended, as follows: **** Ordinance No. 2024-111 64 AM24-04 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: **** 4. Cabana, pavilion, pergola, or roofed area. **** D. Area regulations: The following minimum requirements shall be required: 1. Depth of front yard: 30 feet 2. Depth of rear yard: 25 feet 3. Width of side yard: 6 feet 4. Width of lot: 65 feet 5. Depth of lot: 100 feet 6. Land area per dwelling unit: 7,500 square feet 7. Square footage of dwelling unit: 1,200 square feet 8. Only one single-family detached modular home shall be permitted on each lot or lot of record as the case may be. E. Maximum Height and area regulations: 1. Principal structure: Two (2) stories, 25 feet. 2. Secondary structure: One-story, 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. **** Section 23. That Section 23 of the Zoning Ordinance – “LB, Limited Business District Regulations.”, is hereby renamed and amended, as follows: **** 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. **** 3. Medical offices. **** 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. **** 6. Financial institutions or banks **** 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. **** Ordinance No. 2024-111 65 AM24-04 F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Maximum density: Floor area ratio of 0.35. 2. Minimum lot size: 10,000 square feet 3. Maximum lot size: 3 acres. 4. Minimum open space: 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. 5. Maximum building coverage: 60 percent of the total lot area; the combined area occupied by all main and secondary structures. 6. Maximum impervious surface: 80 percent of the total lot area; the combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas. G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 80 feet. 2. Minimum lot depth: 100 feet. 3. Minimum front yard: 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. Minimum side yards: 10 feet; every lot shall have two side yards. 5. Minimum rear yard: 25 feet; every lot shall have a rear yard. 6. Minimum distance between buildings: 20 feet between detached principal or secondary buildings on the same lot. **** I. Maximum Building Height: 1. Principal structure: two (2) stories, 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 20 feet in height. 2. Secondary structure: 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. Ordinance No. 2024-111 66 AM24-04 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. **** 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 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. **** Section 24. That Section 23A of the Zoning Ordinance – “GV, Grapevine Vintage Regulations.”, is hereby amended, as follows: **** 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. **** 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. **** 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 23A.B. SECONDARY USES. **** 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. Ordinance No. 2024-111 67 AM24-04 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. **** 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: 0.20 floor area ratio. 2. Minimum lot size: 20,000 square feet. 3. Minimum open space: 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. Minimum district size: one (1) acre. 5. Maximum impervious surface area: 75 percent of the total lot area, 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. G. Area Regulations: The following minimum standards shall be required: 1. Minimum lot width: 125 feet. 2. Minimum lot depth: 150 feet. 3. Minimum front yard: 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. Ordinance No. 2024-111 68 AM24-04 4. Minimum side yards: 15 feet, every lot shall have two side yards. Planned commercial centers permitted as a conditional use shall meet the requirements of Subsection N.1. 5. Minimum rear yard: 25 feet. Planned commercial centers permitted as a conditional use shall meet the requirements of Subsection N.1. 6. Minimum distance between buildings: 20 feet, between detached principal or secondary buildings on the same lot. 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. Maximum Building Height: 1. Principal structure: 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. Secondary structure: 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. Ordinance No. 2024-111 69 AM24-04 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: **** 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.) **** Section 25. That Section 24 of the Zoning Ordinance – “CN, Neighborhood Commercial District Regulations.”, is hereby amended, as follows: **** 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. Ordinance No. 2024-111 70 AM24-04 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. **** 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. **** 2. Automotive parts and supplies stores located within a planned shopping center. **** 5. Gasoline service station. **** 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. **** 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. **** F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Maximum density: 0.20 floor area ratio. 2. Minimum lot size: 20,000 square feet. Ordinance No. 2024-111 71 AM24-04 3. Minimum open space: 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. Minimum district size: one (1) acre. 5. Maximum district size: 12 acres. 6. Maximum impervious surface: 80 percent of the total lot area. The combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas. **** G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 125 feet. 2. Minimum lot depth: 150 feet. 3. Minimum front yard: 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. Minimum side yards: 10 feet, every lot shall have two side yards. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 24.N.1. 5. Minimum rear yard: 25 feet. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 24.N.1. 6. Minimum Distance between buildings: 20 feet, between detached principal or secondary buildings on the same lot. 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. Maximum Height: 1. Principal structure: 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. Secondary structure: 15 feet. J. Landscaping requirements: Landscaping shall be required in accordance with Section 53 of this ordinance. Ordinance No. 2024-111 72 AM24-04 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 outside storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. **** 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. **** 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 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.) Ordinance No. 2024-111 73 AM24-04 4. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. **** Section 26. That Section 25 of the Zoning Ordinance – “CC, Community Commercial District Regulations.”, is hereby amended, as follows: **** 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. 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. Nursery or greenhouse. 8. Radio and television broadcasting studios. 9. Department stores. 10. Furniture stores. B. Secondary uses: The following uses shall be permitted as secondary uses: **** 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. **** 4. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42B of this ordinance. **** Ordinance No. 2024-111 74 AM24-04 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. **** 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. **** 27. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. (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. **** 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. Minimum lot size: 30,000 square feet 2. Minimum district size: five (5) acres. Ordinance No. 2024-111 75 AM24-04 3. Minimum open space: 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. 4. Maximum building coverage: 60 percent of the combined area occupied by all main and secondary structures total lot area. 5. Maximum impervious surface: 80 percent of the combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 120 feet. 2. Minimum lot depth: 120 feet. 3. Minimum front yard: 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. Minimum side yards: 20 feet, every lot shall have two side yards. Planned commercial centers permitted as a conditional use shall meet the requirements of Section 25.N.1. 5. Minimum rear yard: 25 feet, 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. 6. Minimum distance between buildings: 40 feet between detached principal or secondary buildings. 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. Maximum Height: 1. Principal structure: 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 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. Ordinance No. 2024-111 76 AM24-04 2. Secondary structure: 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. **** 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. **** 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 Ordinance No. 2024-111 77 AM24-04 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. 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 Ordinance No. 2024-111 78 AM24-04 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. 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 Ordinance No. 2024-111 79 AM24-04 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. **** Section 27. That Section 26 of the Zoning Ordinance – “HC, Highway Commercial District Regulations.”, is hereby renamed and amended, as follows: **** 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. 2. Furniture or appliances, new and used within a completely enclosed building. 3. Mortuary and funeral homes. 4. Upholstery shops. 5. 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. 6. 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: 1. Secondary uses permitted in the CN and CC Commercial Districts. **** 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. **** 7. Signs advertising uses located on the premises in accordance with Section 60 of this ordinance. 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. **** Ordinance No. 2024-111 80 AM24-04 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. **** 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. **** 20. Commercial print center or newspaper establishments. **** 31. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. (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: **** (b) Conditional use: **** 9. Commercial print center or newspaper establishments. **** (c) Prohibited uses: 1. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, roller skating and ice skating arenas, motion picture theaters, but excluding any special uses authorized by section 49.B. Ordinance No. 2024-111 81 AM24-04 **** 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. **** F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Maximum density: 1.0 floor area ratio. 2. Minimum lot size: 5,000 square feet. 3. Minimum open space: 15 percent of the total lot area. 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: 85 percent of the combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas 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. Minimum lot width: 50 feet. 2. Minimum lot depth: 100 feet. 3. Minimum front yard: 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. Minimum 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. Minimum 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 Ordinance No. 2024-111 82 AM24-04 contiguous district in accordance with the provisions of Section 50 of this Ordinance. 6. Minimum distance between buildings: 10 feet between detached principal or secondary buildings on the same lot. **** I. Maximum Height: 1. Principal structure: two (2) stories, 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 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. 2. Secondary structure: 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: **** 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. **** 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. Ordinance No. 2024-111 83 AM24-04 **** 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. **** 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: **** 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 **** 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. **** Ordinance No. 2024-111 84 AM24-04 Section 28. That Section 27 of the Zoning Ordinance – “P-O, Professional Office District Regulations.”, is hereby amended, as follows: **** 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. Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing. 7. Permanent cosmetic application with approval of a tattoo studio license from the Texas Department of Health and licensure from the Texas Cosmetology Commission. **** 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-in and 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. **** D. Limitations on uses: 1. Professional offices shall not include animal grooming salons, dog kennels, funeral homes, veterinarian or veterinary hospitals. 2. Drive-in and drive-through restaurants shall not be allowed. 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. **** F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Maximum density: 1.0 floor area ratio. 2. Minimum lot size: 10,000 square feet. Ordinance No. 2024-111 85 AM24-04 3. Minimum district size: two (2) acres for Planned Professional Office Centers, approved as a conditional use permit. 4. Minimum open space: 20 percent of the total lot area, 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. 5. Maximum building coverage: 60 percent of the combined area occupied by all main and secondary structures. 6. Maximum impervious surface: 80 percent of the combined area occupied by all main and secondary structures, parking, storage, loading and other paved areas of the total lot area. G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 80 feet. 2. Minimum lot depth: 100 feet. 3. Minimum front yard: 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. Minimum side yards: 10 feet, every lot shall have two side yards. 5. Minimum rear yard: 25 feet. 6. Minimum distance between buildings: 20 feet between detached principal or secondary buildings on the same lot. 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. Maximum Height: 1. Principal structure: two (2) stories, 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 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. Secondary structure: 15 feet. **** 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. **** Ordinance No. 2024-111 86 AM24-04 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. **** 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. **** 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: **** 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: **** 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 **** Section 29. That Section 28 of the Zoning Ordinance – “CBD, Central Business District Regulations.”, is hereby renamed and amended, as follows: Ordinance No. 2024-111 87 AM24-04 **** 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. **** 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. **** 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: 1. Maximum density: 3.0 floor area ratio. 2. Minimum lot size: 1,500 square feet. 3. Minimum open space: None required. 4. Maximum building coverage: 100 percent of the total lot area. The combined area occupied by all main and secondary buildings and structures. Ordinance No. 2024-111 88 AM24-04 5. Maximum impervious area: 100 percent of the total lot area. The combined area occupied by all buildings, structures, off-street parking and paved areas. G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 20 feet. 2. Minimum lot depth: 75 feet. 3. Minimum front yard: None required. 4. Minimum side yard: None required. 5. Minimum rear yard: None required. 6. Minimum distance between buildings: None required. **** I. Maximum Height: 1. Principal structure: 30 feet. 2. Secondary structure: 30 feet. **** 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. **** Section 30. That Section 28A of the Zoning Ordinance – “HGT, Historic Grapevine Township District Regulations.”, is hereby renamed and amended, as follows: **** 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. Ordinance No. 2024-111 89 AM24-04 **** 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. **** 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. **** 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. **** 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. **** 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. **** F. Density requirements: The following bulk and intensity of use requirements shall apply. 1. Minimum 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 Ordinance No. 2024-111 90 AM24-04 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. Minimum lot width: 20 feet. 2. Minimum lot depth: None required. 3. Minimum 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. Minimum side yards: six (6) feet, every lot shall have two side yards. For lots which are currently developed, the minimum side yard requirement will be equivalent to the side yard which is already established. 5. Minimum rear yard: None required. 6. Minimum 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. Maximum Height: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: 15 feet. **** Ordinance No. 2024-111 91 AM24-04 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. **** 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. **** Section 31. That Section 29 of the Zoning Ordinance – “HCO, Hotel and Corporate Office District Regulations.”, is hereby renamed and amended, as follows: **** 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. Financial institutions or banks 2. Offices for businesses and professional use. 3. Laboratories for scientific, educational and industrial research and development. 4. Medical and dental laboratories; hospitals and clinics. 5. Office and studio facilities for radio and television except for broadcasting towers. 6. Parks and playgrounds, publicly owned. 7. Golf courses, public and private. 8. Professional and business schools. 9. Private clubs, excluding alcoholic beverages. 10. Restaurants, excluding fast-food and drive-in facilities. 11. 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. 12. Parking garages exceeding two stories. Ordinance No. 2024-111 92 AM24-04 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: **** 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: **** 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. **** 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: 3.0 floor area ratio. 2. Minimum lot size: two (2) 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. 3. Minimum open space: 30 percent. 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: 40 percent of the combined area occupied by all main and secondary structures 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: 70 percent of the combined area occupied by all buildings, structures, off-street parking and paved areas 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. Ordinance No. 2024-111 93 AM24-04 G. Area regulations: The following minimum standards shall be required for each lot within an HCO district: 1. Minimum lot width: 150 feet. 2. Minimum lot depth: 200 feet. 3. Minimum front yard: 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. Minimum side yard: 15 feet or 10 percent of the width of the lot, whichever is greater, but in no case more than 25 feet. 5. Minimum rear yard: 40 feet. 6. Minimum distance between buildings: 20 feet or one-half the average height of the two adjacent buildings, whichever is greater, minimum distance between principal or secondary buildings. 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. Maximum Height: 1. Principal buildings: one-half (1/2) the shortest distance between the structure and the nearest adjacent residential zoning district. 2. Secondary structure: 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. **** 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. **** 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. **** Ordinance No. 2024-111 94 AM24-04 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. **** 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. **** 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: **** 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 Ordinance No. 2024-111 95 AM24-04 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 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 **** 5. Master Site Development Plan design requirements: In addition to the requirements already established in Section 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. **** Section 32. That Section 30 of the Zoning Ordinance – “RA, Recreation Amusement District Regulations.”, is hereby renamed and amended, as follows: **** A. Permitted uses: The following uses shall be permitted as principal uses. **** 10. Motion picture theaters and opera houses within an enclosed building. **** 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. **** 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: 8,000 square feet. 3. Minimum open space: 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: 60 percent of the total lot area. The combined area occupied by all buildings and structures shall not exceed. 5. Maximum impervious surface: 80 percent of the total lot area. The combined area occupied by all buildings and structures, parking, storage, loading and other paved areas. Ordinance No. 2024-111 96 AM24-04 G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: Every lot shall have a minimum width of not less than 80 feet. 2. Minimum lot depth: Every lot shall have a minimum depth of not less than 100 feet. 3. Minimum 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. Minimum 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. Minimum 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. Minimum 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. **** I. Maximum 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. **** 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. **** 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 Ordinance No. 2024-111 97 AM24-04 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. **** 4. Building elevations of proposed structures shall be submitted with the site plan required by Section 48.D.7. **** Section 33. That Section 31 of the Zoning Ordinance – “LI, Light Industrial District Regulations.”, is hereby renamed and amended, as follows: **** 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. **** 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. **** 5. Commercial print center. **** 14. Retail establishments for the sale of new automotive parts and supplies. **** B. Secondary uses: The following uses shall be permitted as secondary uses. No secondary uses shall be allowed within the front yard: Ordinance No. 2024-111 98 AM24-04 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. 4. 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. 5. Bulk storage of flammable liquids associated with a permitted use, subject to the provisions of city and/or state fire codes. 6. All other mechanical equipment shall be located within a completely enclosed building and shall meet the masonry requirements of Section 54. 7. 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. **** 24. Electric Vehicle (EV) Charging Stations. Automobile sales and service businesses approved through a conditional use permit are exempt from obtaining an additional conditional use permit to install Level 2 and lower classified EV Charging Stations, if the stations are installed on the properties where electric or hybrid vehicles are sold, displayed, and repaired, and are not open for use by the public. The EV Charging Stations must meet use-specific standards in Subsection 42.I, of this Zoning Ordinance and obtain site plan and permit approvals. (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. **** 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; **** Ordinance No. 2024-111 99 AM24-04 F. Density requirements: The following density requirements shall apply: 1. Minimum lot size: 20,000 square feet. 2. Minimum open space: 15 percent of the total lot area, 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: 50 percent of the total lot area. The combined area occupied by all buildings and structures. 4. Maximum impervious area: 85 percent of the total lot area. The combined area occupied by all buildings, structures, off-street parking and paved areas. G. Area regulations: The following minimum standards shall be required: 1. Minimum lot width: 100 feet. 2. Minimum lot depth: 150 feet. 3. Minimum front yard: 30 feet, 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. Minimum side yard: 15 feet, every lot shall have two side yards. 5. Minimum rear yard: 30 feet. 6. Minimum distance between buildings: 30 feet. Includes distance between buildings or structures on adjacent lots. 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. Maximum Height: 1. Principal structure: 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 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. **** 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 Ordinance No. 2024-111 100 AM24-04 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. **** Section 34. That Section 32 of the Zoning Ordinance – “BP, Business Park District Regulations.”, is hereby renamed and amended, as follows **** 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. **** A. Permitted uses: The following uses shall be permitted as principal uses. **** 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. Full service hotels/motels which includes dining rooms, personal service shops (i.e. beauty/barber shops, newsstands, retail and office space. 16. Restaurants with inside dining. 17. Health spas and physical fitness centers (massage establishments must meet the requirements of Section 49.B.5.). 18. Travel agencies. 19. Financial institutions or banks. 20. Office supplies. 21. Parking garages. **** 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. Ordinance No. 2024-111 101 AM24-04 **** 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. F. Density requirements: The following bulk and intensity of use requirements shall apply: 1. Minimum district size: five (5) acres. 2. Minimum lot size: 30,000 square feet. 3. Minimum open space: 20 percent of the total lot area 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: 60 percent of the total lot area, combined area occupied by all buildings and structures shall not exceed. 5. Maximum impervious surface: 80 percent of the total lot area, combined area occupied by all buildings and structures, parking, storage, loading and other paved areas shall not exceed. 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. Minimum lot width: 150 feet. 2. Minimum lot depth: 200 feet. 3. Minimum front yard: 30 feet, 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 Ordinance No. 2024-111 102 AM24-04 for minimum access, driveways and sidewalks in accordance with Section 53 of this ordinance. 4. Minimum side yard: 15 feet, every lot shall have two side yards. Planned business parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 5. Minimum rear yard: 25 feet. Planned business parks permitted as a conditional use shall meet the requirements of Section 32.N.1. 6. Minimum distance between buildings: None required. **** I. Maximum Height: 1. Principal structure: 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 20 feet in height, however an increase up to five (5) feet may be granted upon approval of a conditional use request by the City Council. 2. Additional building height granted under a conditional use permit shall not exceed one-half (1/2) the shortest distance between the structure and the nearest adjacent residentially zoned district. **** 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 permit pursuant to Section 48. Refuse and garbage storage areas shall be landscaped and screened in accordance with Section 50.B.3. **** 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 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 Ordinance No. 2024-111 103 AM24-04 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. **** 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: **** 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 **** Section 35. That Section 34 of the Zoning Ordinance – “PRD-6, Planned Residential Low Density District Regulations.”, is hereby renamed and amended, as follows: **** 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. **** 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 Ordinance No. 2024-111 104 AM24-04 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 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. **** 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: **** (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. **** Ordinance No. 2024-111 105 AM24-04 4. Maximum density: six (6) 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: **** (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. **** 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 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) Maximum gross density: six (6) dwelling units an acre, for the single-family area. (b) Minimum lots size: 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) Minimum distance between buildings: 20 feet, except for zero lot line development; (b) The development plan shall provide reasonable visual and acoustical privacy for residential dwelling units; and Ordinance No. 2024-111 106 AM24-04 (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) Maximum number of dwelling units (d.u.), multiple-family area: (1) Duplexes: 8 d.u./acre (2) Fourplexes: 10 d.u./acre (3) Townhouses: 9 d.u./acre (4) Apartments: 20 d.u./acre (e) All buildings shall be set back at least 15 feet from any parking lot or driveway. **** 13. Masonry requirements. Masonry requirements shall be met as provided in Section 54 of this ordinance. **** Section 36. That Section 35 of the Zoning Ordinance – “PRD-12, Planned Residential Medium Density District Regulations.”, is hereby renamed and amended, as follows: **** 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: **** 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. **** 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: **** (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. Ordinance No. 2024-111 107 AM24-04 **** 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: 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) Minimum Common open space: 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. **** 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) M aximum gross density, single-family area: six (6) dwelling units per acre; (b) Minimum lot sizes: 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: **** 13. Masonry requirements. Masonry requirements shall be met as provided in Section 54 of this ordinance. Ordinance No. 2024-111 108 AM24-04 **** 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. **** Section 37. That Section 36 of the Zoning Ordinance – “PCD, Planned Commerce Development District Regulations.”, is hereby renamed and amended, as follows: **** 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 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. **** 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 P-O, 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. Ordinance No. 2024-111 109 AM24-04 D. Standard development option: Any use permitted in the P-O, 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: **** (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: 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. Ordinance No. 2024-111 110 AM24-04 **** 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). (b) Any use permitted in the HCO Hotel corporate office district (Group 2). (c) Any use permitted in the P-O 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. Lot, area and density regulations: Each lot or parcel of land created within an approved PCD District shall comply with the following requirements: **** (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 Ordinance No. 2024-111 111 AM24-04 Group 4 - Light industrial use: 50 percent (d) Minimum open space lots: 30 percent of the total lot area, for all lots. 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. **** (f) Maximum impervious area: 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. **** (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. Ordinance No. 2024-111 112 AM24-04 (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 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. **** Section 38. That Section 37 of the Zoning Ordinance – “PID, Planned Industrial Development District Regulations.”, is hereby renamed and amended, as follows: **** A. Preamble: The PID District is designed to accommodate industrial, noiseproof industrial and commercial and low intensity office-commercial development in Ordinance No. 2024-111 113 AM24-04 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. 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 Ordinance No. 2024-111 114 AM24-04 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: **** (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 37 and 46 of this ordinance. **** (d) Minimum parcel size: 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. **** 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, Ordinance No. 2024-111 115 AM24-04 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 P-O Professional office district. (Group 4) (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, P-O 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: 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: 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: 1.5 floor area ratio. (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 Ordinance No. 2024-111 116 AM24-04 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: 30 percent of the total lot area for all lots. 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. (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. (g) Maximum impervious area: 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: 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, Ordinance No. 2024-111 117 AM24-04 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: (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: 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 Ordinance No. 2024-111 118 AM24-04 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. **** Section 39. That Section 38 of the Zoning Ordinance – “GU, Government Use Regulations.”, is hereby renamed and amended, as follows: **** 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: **** C. Conditional uses: The following conditional uses may be permitted provided a conditional use permit is issued pursuant to Section 48. **** 6. Alcoholic beverage sales, provided a special permit is issued in accordance with Section 42.B. **** 10. Electric Vehicle (EV) Charging Stations (See Section 42.I.). **** 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. Ordinance No. 2024-111 119 AM24-04 **** 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: **** 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. **** H. Buffer area regulations: Whenever any conditional use that is allowable in this district abuts a residentially zoned district or a P-O 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. Maximum 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. **** Section 40. That Section 39 of the Zoning Ordinance – “Historic Landmark.”, is hereby renamed and amended, as follows: **** 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. Ordinance No. 2024-111 120 AM24-04 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 and Zoning Commission may recommend to the City Council an application be 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. Ordinance No. 2024-111 121 AM24-04 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 a 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. 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. Ordinance No. 2024-111 122 AM24-04 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. **** Section 41. That Section 41 of the Zoning Ordinance – “PD, Planned Development Overlay.”, is hereby amended, as follows: **** 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. **** 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 Ordinance No. 2024-111 123 AM24-04 of Planning Services or the Planning and Zoning Commission determines that the application is incomplete. **** 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. **** 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: **** 8. Those uses specifically designated in paragraph D. Limitation of Uses in Section 31, "LI" Light Industrial District. **** 11. All uses listed in Section 49, Special Uses. **** Section 42. That Section 41A of the Zoning Ordinance – “EA, Entertainment and Attraction Overlay.”, is hereby amended, as follows: **** 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 Ordinance No. 2024-111 124 AM24-04 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. **** 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, 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: **** 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 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 Ordinance No. 2024-111 125 AM24-04 this ordinance provided that the application for an entertainment and attraction overlay has not expired. **** 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. **** 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. **** 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 Ordinance No. 2024-111 126 AM24-04 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. **** 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 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. **** Section 43. That Section 42 of the Zoning Ordinance – “Supplementary District Regulations.”, is hereby amended, as follows: **** 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: **** 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 Ordinance No. 2024-111 127 AM24-04 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. **** (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. **** 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. **** 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. **** 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. **** Ordinance No. 2024-111 128 AM24-04 F. Required yards: **** 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. **** G. Projections into required yards: Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: **** 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. 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. 5. 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. 6. 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 Ordinance No. 2024-111 129 AM24-04 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, 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. 7. 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, 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 Ordinance No. 2024-111 130 AM24-04 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): **** 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: 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. **** Section 44. That Section 43 of the Zoning Ordinance – “Nonconforming Uses and Structures.”, is hereby renamed and amended, as follows: **** 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. **** (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. **** Ordinance No. 2024-111 131 AM24-04 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 (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. Ordinance No. 2024-111 132 AM24-04 (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: **** 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 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. Ordinance No. 2024-111 133 AM24-04 **** 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. **** 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. **** 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; 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. Ordinance No. 2024-111 134 AM24-04 (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 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. **** Section 45. That Section 45 of the Zoning Ordinance – “Concept Plans.”, is hereby renamed and amended, as follows: **** 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, Ordinance No. 2024-111 135 AM24-04 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. **** 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. **** Section 46. That Section 46 of the Zoning Ordinance – “Approval of Master Development Plans.”, is hereby renamed and amended, as follows: **** 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. **** 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 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 Ordinance No. 2024-111 136 AM24-04 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. **** (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. **** (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. Ordinance No. 2024-111 137 AM24-04 (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. **** (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 of Public Works 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 Ordinance No. 2024-111 138 AM24-04 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. (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. Ordinance No. 2024-111 139 AM24-04 K. Inspections during development. (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. **** Section 47. That Section 47 of the Zoning Ordinance – “Site Plan Review.”, is hereby renamed and amended, as follows: **** 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. 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; and 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 Ordinance No. 2024-111 140 AM24-04 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. **** E. Contents of site plan application. 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: **** (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. **** E. Contents of site plan application. 1. Whenever a site plan is required under subsection C, the application for site plan approval shall include the following information and material: (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. **** (17) A detailed landscaping plan meeting the provisions of Section 53 of this ordinance. **** Ordinance No. 2024-111 141 AM24-04 (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. **** (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. **** 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. (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. Ordinance No. 2024-111 142 AM24-04 (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. 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. The Director 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 Ordinance No. 2024-111 143 AM24-04 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. (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. Ordinance No. 2024-111 144 AM24-04 (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 Ordinance No. 2024-111 145 AM24-04 (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: 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. **** 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. **** 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. **** Ordinance No. 2024-111 146 AM24-04 Section 48. That Section 47 of the Zoning Ordinance – “Conditional Uses.”, is hereby renamed and amended, as follows: **** 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; **** 7. An application for site plan approval, as required and defined in Section 47 of this chapter; **** 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 Ordinance No. 2024-111 147 AM24-04 (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: **** 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; **** 11. The Director of Planning Services has approved the detailed landscaping plan as having met the provisions of Section 53; **** 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. **** 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. **** Section 48. That Section 49 of the Zoning Ordinance – “Special Use Permits.”, is hereby renamed and amended, as follows: Ordinance No. 2024-111 148 AM24-04 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 Ordinance No. 2024-111 149 AM24-04 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. 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. **** 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. **** 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. **** 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. Ordinance No. 2024-111 150 AM24-04 (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. **** 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; **** 6. An application for site plan approval, as required and defined in Section 47 of this ordinance; **** 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: **** 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; **** 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 Ordinance No. 2024-111 151 AM24-04 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. **** 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. Section 50. That Section 50 of the Zoning Ordinance – “Screening.”, is hereby amended, as follows: **** 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: **** 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. **** 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 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. **** Section 51. That Section 51 of the Zoning Ordinance – “Requirements for Open Space and Recreational Areas.”, is hereby renamed and amended, as follows: **** 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 Ordinance No. 2024-111 152 AM24-04 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. **** C. Character and minimum area: **** 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, a member of the Planning and Zoning Commission, and a member of 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 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 Ordinance No. 2024-111 153 AM24-04 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 Ordinance No. 2024-111 154 AM24-04 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. **** Section 52. That Section 52 of the Zoning Ordinance – “Tree Preservation.”, is hereby renamed and amended, as follows: **** 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. Ordinance No. 2024-111 155 AM24-04 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. 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: Ordinance No. 2024-111 156 AM24-04 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. 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: Ordinance No. 2024-111 157 AM24-04 (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. (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 Ordinance No. 2024-111 158 AM24-04 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 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 Ordinance No. 2024-111 159 AM24-04 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. 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. Ordinance No. 2024-111 160 AM24-04 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" 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' Ordinance No. 2024-111 161 AM24-04 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' **** Section 53. That Section 53 of the Zoning Ordinance – “Landscaping Regulations.”, is hereby renamed and amended, as follows: **** C. Enforcement: The provisions of this section shall be administered and enforced by the Director of Planning Services or a designee. **** 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. **** Ordinance No. 2024-111 162 AM24-04 G. General standards: The following criteria and standards shall apply to landscape materials and installation. **** 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. **** 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: **** 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. **** Section 54. That Section 54 of the Zoning Ordinance – “Masonry Requirements.”, is hereby renamed and amended, as follows: **** 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 Ordinance No. 2024-111 163 AM24-04 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 adopted 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 adopted 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 adopted 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. **** Section 55. That Section 55 of the Zoning Ordinance – “Performance Standards.”, is hereby renamed and amended, as follows: **** 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: Ordinance No. 2024-111 164 AM24-04 • 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. 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 in dBA over an eq 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 Sound Level, dBA, Limits for Continuous Sound eq Sources District Day Time (7:00 AM to Night Time (10:00 PM to 10:00 PM) 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. **** Ordinance No. 2024-111 165 AM24-04 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 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. **** 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. **** Section 56. That Section 56 of the Zoning Ordinance – “Off-Street Parking Requirements.”, is hereby renamed and amended, as follows: **** 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: **** 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. **** Skilled nursing facility or 1 Each bed (Design Capacity) institutional home for elderly **** Ordinance No. 2024-111 166 AM24-04 Section 57. That Section 57 of the Zoning Ordinance – “Off-Street Loading Requirements.”, is hereby renamed. Section 58. That Section 58 of the Zoning Ordinance – “Parking, Loading and Outside Storage Area Development Standards.”, is hereby renamed and amended, as follows: **** 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 parking 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. **** 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. **** Section 59. That Section 59 of the Zoning Ordinance – “Communications Antennas, Support Structures, and Satellite Dishes.”, is hereby renamed and amended, as follows: **** 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; and 2. Minimize the total number of structures throughout the community; and 3. Encourage the use of stealth structures; and 4. Protect the character and integrity of Grapevine neighborhoods and districts, including the historic district; and Ordinance No. 2024-111 167 AM24-04 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 Ordinance No. 2024-111 168 AM24-04 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; (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 and/or Antenna Support Antenna Support Structure, High Structure, Low Rise 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. Ordinance No. 2024-111 169 AM24-04 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: d. Height of Proposed Additional User Tower/Structure Accommodation Required 40’ to 100’ 2 Greater than 100’ 3 e. Telecommunication structures must be designed to allow for future rearrangements of antennae upon the tower and to accept antennas mounted at varying heights. f. A minimum 6-foot 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; (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. c. D. Satellite dishes, parabolic antennas, and other similar antennas. Satellite dishes, parabolic antennas, and other similar antennas shall also comply with the following: Ordinance No. 2024-111 170 AM24-04 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. Ordinance No. 2024-111 171 AM24-04 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. **** Section 60. That Section 60 of the Zoning Ordinance – “Sign Standards.”, is hereby renamed and amended, as follows: **** 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. (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 Ordinance No. 2024-111 172 AM24-04 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: **** Ordinance No. 2024-111 173 AM24-04 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. **** (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: **** 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) inches in depth and a maximum grows surface area of two hundred eighty-eight (288) square feet, provided the following conditions are met: Ordinance No. 2024-111 174 AM24-04 **** 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: **** k. Historic wall sign. l. Temporary directional signs. Temporary directional signs shall conform to the following regulations: **** m. Pylon signs. n. Electronic message signs. o. Converted digital billboard. **** C. General standards. **** 6. Accessway or window. No sign shall block any required accessway or window. **** 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. **** E. Exemption. 1. The following signs shall be exempt from the requirements of this section: **** (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 Ordinance No. 2024-111 175 AM24-04 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. **** H. CN Neighborhood Commercial, CC Community Commercial, RA Recreation/Amusement and PCD Planned Commercial Development Districts. **** 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. **** Section 61. That Section 60 of the Zoning Ordinance – “Administration and Enforcement.”, is hereby renamed and amended, as follows: **** 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: **** Ordinance No. 2024-111 176 AM24-04 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; **** 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; **** 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; **** 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. **** Section 62. That Sections 62 and 63 of the Zoning Ordinance – “Reserved.”, is hereby amended, as follows: **** Sec. 62. Reserved. Sec. 63. Reserved. **** Section 63. That Section 64 of the Zoning Ordinance – “Certificate of Occupancy and Compliance.”, is hereby renamed. Section 64. That Sections 65 and 66 of the Zoning Ordinance – “Reserved.”, is hereby amended, as follows: **** Sec. 65. Reserved. Sec. 66. Reserved. **** Section 65. That Section 67 of the Zoning Ordinance – “Amendments.”, is hereby amended, as follows: **** 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 Ordinance No. 2024-111 177 AM24-04 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 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. Ordinance No. 2024-111 178 AM24-04 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 Ordinance No. 2024-111 179 AM24-04 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 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. **** Section 66. That Section 68 of the Zoning Ordinance – “Board of Zoning Adjustment.”, is hereby renamed and amended, as follows: **** 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. **** 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 Ordinance No. 2024-111 180 AM24-04 of the Chief 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 Chief 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. 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. Ordinance No. 2024-111 181 AM24-04 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. 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 Ordinance No. 2024-111 182 AM24-04 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. **** Section 67. That Section 69 of the Zoning Ordinance – “Determination of Vested Rights.”, is hereby renamed and amended, as follows: **** 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. **** 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. 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. **** Section 68. That Sections 71 and 72 of the Zoning Ordinance – “Reserved.”, is hereby amended, as follows: **** Sec. 71. Reserved. Sec. 72. Reserved. **** Ordinance No. 2024-111 183 AM24-04 Section 69. That Section 73 of the Zoning Ordinance – “Savings Clause.”, is hereby renamed and amended, as follows: **** 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. **** Section 70. That Section 74 of the Zoning Ordinance – “Existing Zoning Regulation Designation and Changes.”, is hereby renamed and amended, as follows: **** 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. **** Section 71. That Section 75 of the Zoning Ordinance – “Ordinances Not Repealed.”, is hereby renamed and amended, as follows: **** 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. **** Ordinance No. 2024-111 184 AM24-04 Section 72. That Section 76 of the Zoning Ordinance — "Exceptions and Exemptions Not Required to be Negated.", is hereby renamed. Section 6. That the City of Grapevine staff is hereby directed to proceed with the development and implementation of a notice and enforcement initiative as to short- term rentals. Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall stay in full force and effect. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Section 9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day on which a reported violation is committed will be deemed a separate offense. Section 10. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of December, 2024. APPROVED: GRAPF William D. Tate o,----!'i Mayor ATTEST: / , %~f' ap Tara Brooks ,' City Secretary * * # APPROVED AS TO FORM: (41") . Matthew C. . Boyle City Attorney Ordinance No. 2024-111 185 AM24-04