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 id 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;

2.

The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application;

3.

The street address and legal description of the property;

4.

The zoning classification and present use of the subject property;

5.

The particular provision of this ordinance authorizing the proposed conditional use;

6.

A general description of the proposed conditional use;

7.

An application for site plan approval, as required and defined in Section 47 of this chapter;

8.

A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations;

9.

A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood;

10.

A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely.

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 (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:

1.

That the proposed conditional use will be consistent with the adopted policies in the comprehensive master plan of the City of Grapevine;

2.

That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;

3.

That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration shall be given to:

(a)

The location, nature and height of building, structures, walls, fences on the site; and

(b)

The nature and extent of screening on the site;

4.

That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards;

5.

That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public;

6.

That off-street parking and loading areas will be provided in accordance with the standards set out in Sections 56, 57 and 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;

7.

That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys;

8.

That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

9.

That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance;

10.

That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of this ordinance authorizing such use;

11.

The Director of Planning Services has approved the detailed landscaping plan as having met the provisions of Section 53;

12.

That the proposed conditional use will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the city, region and the state;

13.

That the benefits of the proposed conditional use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic or historic feature of significance, and outweigh the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use;

14.

That all alternative sites and all reasonable means for meeting the projected need or demand for the proposed building, structure, development, use or activity, which may be less costly or less intrusive to existing communities, have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal;

15.

That the proposed conditional use is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Grapevine has based planning or zoning decisions or, if the proposed use is inconsistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the community of the proposed use.

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.

I.

Effect of issuance of a permit for a conditional use: The issuance of a permit for a conditional use 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 merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.

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.

(Ord. No. 85-33, § 1(B), 7-16-85; Ord. No. 89-78, § 1(J), (K), 11-21-89; Ord. No. 89-81, § 1(G)—(J), 12-5-89; Ord. No. 98-29, § 1B, 2-17-98; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2024-111, § 48, 12-17-24)