HomeMy WebLinkAboutORD 2014-011ORDINANCE NO. 2014 -11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING ORDINANCE
NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BY AMENDING SECTION 67,
AMENDMENTS PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 82 -73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is
hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
g hereby ratified, verified, and affirmed:
A. That Section 67, Amendments is hereby amended by amending subsection
A.3. to read as follows:
"3. A waiting period of one (1) year between the date an application for
amendment to the zoning ordinance, or a requested change in zoning,
is denied by the City Council and a new application for such a change
or amendment is accepted, is hereby established. The one -year
waiting period shall be applicable to all requested amendments and
changes for the same zoning district, or districts, on all or any portion of
the property previously considered for amendment or change in zoning;
provided, however, said one -year waiting period shall not be applicable
to any proposed amendment or change instituted by the City Council or
Planning and Zoning Commission or to any proposed amendment or
change denied by the City Council without prejudice. For purposes of
this section, denied by the City Council shall mean that on final reading:
(a) a motion by the City Council to deny the requested zoning change
passed by a majority of the quorum present and voting; or (b) a motion
by the City Council to deny or approve the requested zoning change
received a tie vote of the quorum present and voting; or (c) a motion by
the City Council to approve the requested zoning change failed for lack
of having the necessary votes; or (d) a motion by the City Council to
approve a withdrawal of a requested zone change, when requested by
the applicant, that is approved by a majority of the quorum present and
voting. A denial without prejudice must be expressly granted by the
City Council, except that a tie vote shall automatically constitute a
denial without prejudice.
An application for an amendment to the zoning ordinance or a
requested change in zoning can be tabled (postponed) no more than
once and must be scheduled to be heard no later than the next
scheduled joint public hearing. This requirement also applies to
applications being considered during the Planning and Zoning
Commission's deliberations. This requirement shall not apply to
requests to table initiated by city staff, the City Council, or the Planning
and Zoning Commission."
Section 2. That 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) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is held invalid or
i unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 4. 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 18th day of February 2014.
William D. Tate
Mayor
ORD. NO. 1 3
i
ATTEST:
5a&jSam-
Jo0i t. Brown
City Secretary
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John F. Boyle, Jr./-
-
City Attorney
ORD. NO. 2014-11