HomeMy WebLinkAboutORD 1997-041 � ORDINANCE NO. 97-41
���e� � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 3 AIRPORTS AND
AIRCRAFT, ARTICLE IV. ZONING, DIVISION 2, DALLAS-
FORT WORTH INTERNATIONAL AIRPORT ZONING
ORDINANCE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
(52,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
� ' Section 1 . That the Grapevine Code of Ordinances is hereby amended by
amending Chapter 3 Airports and Aircraft, Article IV. Zoning, Division 2, Dallas-Fort
�"� Worth International Airport Zoning by amendments to the following sections:
a. Section 3-61 . Definitions, paragraph (g) is hereby amended to read as
follows:
"(g) Board of Adjustment means the Zoning Board of Adjustment
members established in the Appendix D Zoning Ordinance, Section
68 of the Code of Ordinances."
b. Section 3-69. Variances, is amended by the addition of a paragraph 2 to
read as follows:
"The Director of Development Services may allow a variance from these
regulations if the U. S. Department of Transportation, Federal Aviation
Administration, has reviewed the proposed construction or alteration and
has identified that it is not an obstruction under their standards and that
it would not be a hazard to air navigation.
��
(Cross reference - see also § 2-3)."
c. Section 3-71. Board of Adjustment is amended by amending paragraph
� (b) to read as follows:
��� � °(b) The Board of Adjustment shall consist of the Zoning Board of
Adjustment members established in the Appendix D Zoning Ordinance,
Section 68."
�.;�
d. Section 3-71. Board of Adjustment is further amended by the deletion of
paragraph 3-71 (c) in its entirety.
e. Section 3-72. Appeals is hereby amended in its entirety to read as
follows:
"�a) Any person aggrieved, or taxpayer affected, by any decision of a
administrative agency made in its administration of airport zoning
regulations adopted under this division or city staff, which is of the
opinion that a decision of such an administrative agency or city
staff is an improper application of airport zoning regulations of
concern to such governing body or board, may appeal to the Board
of Adjustment authorized to hear and decide appeals from the
decisions of such administrative agency or city staff.
(b) All appeals taken under this section must be taken within a
reasonable time, as provided by the rules of the Board of
� R Adjustment, by filing with the Director of Development Services
and with the Board of Adjustment, a notice of appeal specifying
`�'�" the grounds thereof. The Director of Development Services shall
forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from was
taken.
(c) The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal, give public notice and due notice to the parties in
interest, and decide the same within a reasonable time. Upon
hearing, any party may appear in person or by agent or by
attorney.
(d) The Board of Adjustment may, in conformity with the provisions
of these regulations, reverse, or affirm, wholly or partly, or modify,
the order, requirement, decision, or determination as ought to be
made, and to that end shall have all the power of the
administrative agency or Director of Development Services.
�. .�
(e) The Board of Adjustment shall make written findings of fact and
conclusion of law, giving the facts upon which it acted and its
legal conclusions from such facts in reversing, or affirming, or
� � modifying any order, requirement, decision or determination which
comes before it under the provisions of these regulations.
ORD. N0. 97-41 2
� � (f) The concurring vote of four (4) members of the Board of
Adjustment shall be necessary to reverse any order, requirement,
decision or determination of the administrative agency or Director
�-°� of Development Services to decide in favor of the applicant on any
matter upon which it is required to pass under these regulations or
to effect any variation in these regulations.
(Cross reference - See also § 2-31."
f. Section 3-76. Conflicting regulations is amended in its entirety to read
as follows:
"Where these regulations impose a greater or more stringent restriction
upon the use of the land, height of a structure or tree, or the establishing
or maintaining of any other airport hazard as herein defined, than is
imposed by other ordinances or regulations applicable to the same area
or location, the provisions of these regulations shall govern and prevail.
The Director of Development Services may approve variances on less
stringent restrictions from these regulations if the Department of
Transportation, Federal Aviation Administration, has reviewed the
proposed construction or alteration and has identified that it is not an
obstruction under their standards and that it would not be a hazard to air
�° � navigation."
�„,.� g. Section 3-78. Amendments is hereby deleted in its entirety.
Section 2. That 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;
provided, however, that the ordinance or ordinances under which the cases currently
filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be
deemed repealed only when all such cases filed and pending under such ordinance or
ordinances have been disposed of by a final conviction or a finding not guilty or nolo
contendere, or dismissal.
Section 3. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars (52000.00) and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 4. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person 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 the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
�
ORD. NO. 97-41 3
�<�. Section 5. 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 passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 6th day of May , 1997.
APPROVED:
--.
William D. Tate
Mayor
,�.._�
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
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. .>_......... .. ., . -- . . ti.� , •yti.,
- � �, _ j _
John F. Boyle, Jr. `�
City Attorney
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ORD. NO. 97-41 4