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HomeMy WebLinkAboutORD 2010-002 ORDINANCE NO. 2010-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING APPENDIX D, ZONING, OF THE CODE OF ORDINANCES BY AMENDING SECTION 43, NONCONFORMING USES AND STRUCTURES, BY ADDING SECTION 43 I, RIGHT-OF- WAY ACQUISITION BY GOVERNMENTAL AGENCY, TO PROVIDE FOR AN EXEMPTION FROM AN ORDINANCE OR REGULATION WHERE VIOLATION OF SAID ORDINANCE OR REGULATION IS CAUSED BY ACQUISITION OF RIGHT-OF-WAY BY A GOVERNMENTAL AGENCY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the findings contained hereinabove are found to be true and correct and pre incorporated herein by reference as if copied in their entirety. Section 2. That the City of Grapevine's Code of Ordinances be, and the same is, hereby amended by amending Appendix D, Zoning, of the Code of Ordinances by amending Section 43, Nonconforming Uses and Structures, by adding Section 43 I, Right-of-Way Acquisition by Governmental Agency, which shall read as follows: "43 I. Right-of-way acquisition by governmental agency: 1. Definitions. As used in this section, the following terms shall have the respective meanings ascribed to them: Governmental agency shall mean the United States of America, State of Texas, County of Tarrant, the City of Grapevine, or any other governmental agency with the ability to exercise eminent domain powers. Right-of-way acquisition shall mean 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. Damages to the remainder shall mean 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. 2. 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 ORD. NO. 2010-02 2 agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary to bring the property in compliance with city codes, ordinances, and regulations. (2) The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures curative of the violation of City codes or ordinances caused by the right-of-way acquisition. (3) For property ineligible for an exemption under this subsection (C), the development services director is authorized to: a. Provide notice to any affected property owner, lienholder, and/or certificate of occupancy holder, listing any items of noncompliance; and b. File an affidavit in the Tarrant County Deed Records noting the item(s) of noncompliance, advising that compensation was paid for such noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the City, the planning director shall file an affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under this subsection (C), the building official is authorized to revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation. (5) The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or ORD. NO. 2010-02 3 structure on property ineligible for an exemption under subsection (C)(1). 3. Effective Date. The provisions of this section shall apply to any property acquired by eminent domain after January 19, 2010 ." Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That this Ordinance shall become effective from and after its date of passage in accordance with law. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 19th day of January, 2010. APPROVED: qSiL William D. Tate Mayor ATTEST: Lind Huff -Ill" City Secretary ORD. NO. 2010-02 4 APPROVED AS TO FORM: .,„ Matthew Boyle City Attorney ORD. NO. 2010-02 5