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Home My WebLink AboutORD 1996-037 ORDINANCE NO. 96-37 AN ORDINANCE 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 49 SPECIAL USE PERMITS; 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 AN OFFENSE OCCURS OR CONTINUES; 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: �:,w� 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 Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 49 Special Use Permits is hereby amended by amending Subsection 49.B.1 . in its entirety to read as shown in Exhibit "A", attached hereto and made a part hereof. B. That Section 49 Special Use Permits is hereby amended by the deletion of Subsection 49.B.3 and renumbering remaining subparagraphs (49.B.4 through 49.B.14) to reflect subparagraphs through 49.B.13. C. That Section 49 Special Use Permits is hereby amended by amending the introduction of Subsection 49.D. to read as follows. Subsections 49.D.1 through 49.D.9 are not amended and are to remain as codified. "D. CONTENTS OF APPLICATION. An application for a Special Use Permit shall be filed with the Director of Development Services, or such other official as he may designate. 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 Development Services." D. That Section 49 Special Use Permits is hereby amended by amending Subsection 49.F.17. to read as follows: "F.17. Whether the Director of Development Services has approved the detailed landscaping plan as having met the provisions of Section 53." E. That Section 49 Special Use Permits is hereby amended by amending Subsection 49.H. to read as follows: "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 Development Services so stating." Section 2. 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 an sum not to exceed Two Thousand Dollars (52,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 3. 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 �P � 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. 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 zlst day of May , 1996. APPROVED: 1l J� William D. Tate Mayor ORD. N0. 96-37 2 ATTEST: L d Huff City Secretary APPROVED AS TO FORM: _,,_ � �:-�..:.�.�, �-� �. John F. Boyle, Jr. City Attorney ORD. NO. 96-37 3 EXHIBIT�. TQ Ord. 96-37 Page _.L._ Of �. DRAFT COPY 05/13/96 SPECIAL USE PERMITS Section 49. Special Use Permits A. PURPOSE: The Special Use Permits 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 of 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 communiry 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 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 pro�erty as required bv Section 47, Site Plans, but shall not be rec�uired to meet the minimum lot size, width or depth and area requirements as regulated in the specific zoning district. b. DEFIlVITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meaning 032195 O:\ORD\SEC49A1.SPC 1 Section 49 EXH181T� Tp 96-37 Page `�-- p f � DRAFT COPY OS/13/96 SPECIAL USE PERIVIITS ascribed to them as follows with the exception of Chapter 7, ` Article XII, Grapevine Code of Ordinances: � ANTENNA or ANTENNA ARRAY means 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). � ANTENNA SUPPORT STRUCTURE means anv tower, mast, monopole, tri�od, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television or microwave signal. � NIICROWAVE REFLECTOR/ANTENNA means an a�naratus constructed of solid, mesh or perforated materials of anv configuration that is used to receive and/or transmit microwave signals from a terrestrial �° + or orbitally located transmitter or transmitter relav. This definition is meant to include, but is not limited to, what are commonl,�referred to as satellite receive onlv earth stations (T.V.R.O.S.) or satellite dishes. �.. COMMERCIAL COMMUNICATIONS OPERATIONS means the transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals primarilv for the purpose of operating a business and/or for financial �ain. c. Antenna SuppOi t structures utilized for the purpose of transmission, retransmission, and/or reception of electroma�netic, radio, television, or microwave signal such as a tower�, mast, monopole, tripod, box frame, or other structures in any k��es� residential, commercial or industrial district. One accessory equipment building is ��, ,.. 032195 O:10RD\SEC49A1.SPC 2 Section 49 EXHIBIT� TQ Ord. 96-37 Page .�_ of �. � DRAFT COPY 05/13/96 SPECIAL USE PERMITS allowed �er antenna supuort structure. d. Microwave reflectors/antennas and receivers and antenna support structures in an,y district. One accessor,�quipment buildin� is allowed per antenna support structure. e. A commercial antenna mav 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 e�rtend more than 10 feet above the hei�ht of the utility structure. One accessorv equipment building is allowed per utility structure. Setbacks from residentiallv zoned propertY do not applv to antennas attached to utilitv structures exceeding 75 feet in he�ht• f. All commercial si�ns, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibilit��the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited on any antenna or antenna support structure. 2. Public utility distribution facilities and equipment in any district. �-z.a �,,. .,,,� . 4 3. Amusement and video game arcades. � 4. Massage establishments. (a) DEFINITIONS: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: MASSAGE ESTABLISHMENT: Shall mean a building, room, place ; �32195 O:\ORD\SEC49A1.SPC 3 Section 49