A.

Purpose: The Special Use Permit 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 or 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 community 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, including regulations identified in Section 59, Communication Antennas, Support Structures, and Satellite Dishes 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 property as required by Section 47, Site Plan Review, but shall not be required to meet the minimum lot size, width or depth and area requirements as regulated in the specific zoning district.

For requests relative to communication uses that will be located on existing structures with associated cabinetry/equipment located underground or on/within an existing cabinet area/structure, or for the reconstruction of existing towers or monopoles with no increase in height, said request, upon review by the Director of Planning Services may be considered a permitted use to be administratively reviewed and approved under the authority of the Director of Planning Services pursuant to Section 47, Site Plan Review.

b.

Antenna support structures utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal such as a tower, mast, monopole, tripod, box frame, or other structures in any residential, commercial or industrial district. One secondary equipment building is allowed per antenna support structure.

c.

Microwave reflectors/antennas and receivers and antenna support structures in any district. One secondary equipment building is allowed per antenna support structure.

d.

A commercial antenna may 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 extend more than ten feet above the height of the utility structure. One secondary equipment building is allowed per utility structure. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height.

2.

Public utility distribution facilities and equipment in any district.

3.

Amusement and video game arcades.

4.

Massage establishments.

(a)

Notwithstanding any provision of any ordinance or any City code provision currently in effect in the City of Grapevine, the operation of a massage establishment and/or the performing of massage services permitted by the laws of the State of Texas, shall be regulated and governed as provided herein.

(b)

The operation of a massage establishment and/or the performing of massage services shall be illegal in the City of Grapevine, unless on property zoned specifically for that purpose in accordance with and pursuant to Section 49 of this ordinance.

5.

Novelty establishments and retail specialty.

(a)

Definitions: For the purpose of this paragraph, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1)

The term "primarily" is defined as gross monthly sales of special novelty items representing more than 50 percent of total sales.

(2)

The term "specialty and novelty items" is defined as follows:

a.

Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in the state penal code;

b.

Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, as the term "controlled substance" is defined in the state penal code;

c.

Isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the state penal code;

d.

Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, as the term "controlled substance" is defined in the state penal code;

e.

Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the state penal code;

f.

Diluents and adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances, as the term "controlled substances" is defined in the state penal code;

g.

Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

h.

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substances" is defined in the state penal code;

i.

Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term "controlled substances" is defined in the state penal code;

j.

Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substances" is defined in the state penal code;

k.

Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances, as the term "controlled substances" is defined in the state penal code, into the human body;

l.

Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as:

i.

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

ii.

Water pipes;

iii.

Carburetion tubes and devices;

iv.

Smoking and carburetion masks;

v.

Roach clips, meaning objects used to hold burning material, much as a marijuana cigarette, that has become too small or too short to be held in the hand;

vi.

Miniature cocaine spoons and cocaine vials;

vii.

Chamber pipes;

viii.

Electric pipes;

ix.

Air-driven pipes;

x.

Chillums;

xi.

Bongs;

xii.

Ice pipes or chillers;

m.

Wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel;

n.

Salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus;

o.

Magazines, books, records, cassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption;

p.

Incense.

(b)

Compliance with this paragraph: Notwithstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein.

(c)

Compliance with zoning ordinance: The operation of a specialty and novelty establishment shall be illegal in the City of Grapevine, unless on property zoned specially for that purpose in accordance with and pursuant to Section 49 of this ordinance.

6.

Billiard table and coin-operated machines.

(a)

Definitions:

(1)

Billiard table: Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are impelled by a stick or cue, and where the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually commenced.

(2)

Skill or coin-operated machines: Means every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure or when said machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose than the dispensing or vending of merchandise, music or service as those terms are defined in Vernon's Ann. Civ. St. art. 8801 et seq. The use of eight or more such machines at any one location shall constitute a principal use.

(b)

Notwithstanding any other provision of this ordinance or of any ordinances of the city, the commercial use of billiard tables or the commercial use of eight or more skill or coin-operated machines shall be illegal unless the property is zoned specifically for that purpose in accordance with and pursuant to Section 49 of this ordinance.

7.

Sexually oriented businesses.

(a)

A sexually oriented business shall be a permitted use only in Light industrial Districts and in Planned industrial Development Districts and only upon the issuance of a special use permit in accordance with and pursuant to the provisions of this Section 49. A sexually oriented business shall not be located within 1,000 feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use.

(b)

A sexually oriented business shall comply with the requirements of Chapter 14, Article V of the City Code and shall be regulated and licensed as provided therein.

8.

Helistop.

9.

Heliports in the "CC", "HC", "HCO", "LI" and "GU" zoning districts.

10.

Group care homes for the intellectually disabled, abused women, physical and psychiatric rehabilitation but excluding criminal correctional facilities in any district, except for "R-7.5", "R-12.5" and "R-20" Single-Family Districts. Half-way houses or criminal correction facilities shall not be permitted in any district, except as provided for in Section 38, Governmental Use District.

11.

Bed and breakfast facility in any designated historic landmark subdistrict.

12.

Gas and oil well drilling and production in any non-residential district.

13.

Neighborhood day care center.

(a)

The following minimum design requirements shall be required for neighborhood day care centers permitted as a special use.

(1)

Lots for neighborhood day care centers permitted as a special use shall have a minimum lot area of one acre.

(2)

Width of lot, feet: 150.

(3)

Depth of lot, feet: 175.

(4)

A landscape plan, meeting the requirements of Section 53 of this ordinance.

(5)

Required front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways, and sidewalks in accordance with Section 53 of this ordinance.

(6)

Garbage storage shall be screened on all four sides by a solid wooden or masonry fence and located on a concrete pad not less than 50 feet to any adjoining property.

14.

(a)

Churches that exceed the maximum height regulation established for the zoning district in which they are listed as a permitted, special, or conditional use. All other district regulations shall also apply.

(b)

Churches, in the following zoning districts: "LB", Limited Business District, "GV", Grapevine Vintage District, "CN", Neighborhood Commercial District, "CC", Community Commercial District, "HC", Highway Commercial District, "P-O", Professional Office District, "CBD", Central Business District, "HGT", Historic Grapevine Township District, "HCO", Hotel Corporate Office District, "RA", Recreational Amusement District, "LI", Light Industrial District, "BP", Business Park District, "PCD", Planned Commerce Development District, "PID", Planned Industrial Development District, and "GU", Governmental Use District.

15.

Off-street parking lots, accommodating a permitted or conditional use within the "LB", Limited Business District, "GV", Grapevine Vintage District Regulations, "CN", Neighborhood Commercial District Regulations, "CC", Community Commercial District Regulations, "HC", Highway Commercial District, "P-O", Professional Office District Regulations, "CBD", Central Business District, "HGT", Historic Grapevine Township District, "HCO", Hotel and Corporate Office District, "RA", Recreation/Amusement District, "LI", Light Industrial District, "BP", Business Park District, "PCD", Planned Commerce Development District, and "PID", Planned Industrial Development District, which require any payment for parking.

(a)

Exceptions: The following uses shall be exempt from the requirements of this section.

(1)

Valet parking services.

16.

Public rail station facilities.

17.

Stand alone off-street parking lots or the expansion of an existing parking lot in excess of four spaces within the Grapevine Historic Township District (generally bound by Northwest Highway, Ball Street, Dallas Road, Ruth Street).

C.

Application: An application for a special 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 special use permit is sought shall be accompanied by evidence of the consent of the owner.

D.

Contents of application: An application for a special use permit shall be filed with the Director of Planning 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 Planning Services:

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.

A description of the proposed special use;

6.

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

7.

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

8.

A statement as to how the proposed special 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, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected;

9.

An identification of any potentially adverse effects that may be associated with the proposed special use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects.

E.

Hearing on special use permit application: A public hearing on an application for a special use permit shall be held and notice thereof given in the manner and form required for amendments as set out in Section 67 of this chapter.

For applications involving minor modifications to previously approved special 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 chairperson), 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 special use permit, the full application fee shall be retained by the city.

F.

In considering an application for a special use permit, the Planning and Zoning Commission, and the City Council shall take into consideration the following factors:

1.

Whether the proposed special use will adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;

2.

Whether the proposed special use will adequately provide for safety from fire hazards, and have effective measures of fire control;

3.

Whether the proposed special use will adequately protect adjacent property from flood or water damage;

4.

Whether the proposed special use will have noise producing elements;

5.

Whether the glare of vehicular and stationary lights will affect the established character of the neighborhood;

6.

Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site;

7.

Whether such signs will have an adverse effect on adjacent properties;

8.

Whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use;

9.

Whether the proposed special use will have any 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;

10.

Whether the proposed special 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 special use will so dominate the immediate neighborhood, consideration shall be given to:

(a)

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

(b)

The nature and extent of screening on the site.

11.

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

12.

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

13.

Whether off-street parking and loading areas will be provided in accordance with the standards set out in Sections 56 and 57 of this ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect;

14.

Whether adequate access roads or entrances 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;

15.

Whether the proposed special 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 the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

16.

Whether the proposed special use will result in the destruction, loss or damage or any natural, scenic or historic feature of significant importance;

17.

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

G.

Conditions and restrictions: In considering a special use permit application, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefitted by the special use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such special 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 special use permit.

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 Planning Services so stating.

I.

Effect of issuance of a permit for a special use: The issuance of a permit for a special 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 approval 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 special use permit shall be valid for a period longer than one year from the date on which the City Council grants the special 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 special use permit.

(Ord. No. 84-16, § 2(A), 4-9-84; Ord. No. 85-33, § 1(C), 7-16-85; Ord. No. 87-80, § 2(C), 11-17-87; Ord. No. 88-38, § 1(C), (D), 5-17-88; Ord. No. 89-78, § 1(L), (M), 11-21-89; Ord. No. 90-79, § 1K., 12-18-90; Ord. No. 92-41, § 2, 7-21-92; Ord. No. 95-23, § 1(A), 4-4-94; Ord. No. 96-16, § 1A, 3-26-96; Ord. No. 96-37, § 1, 5-21-96; Ord. No. 96-54, § 1, 7-16-96; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2001-99, § 1B, 12-18-01; Ord. No. 2002-63, § 3, 8-20-02; Ord. No. 2005-94, § 1A, 11-15-05; Ord. No. 2006-43, § 1, 6-20-06; Ord. No. 2007-07, § 2, 2-20-07; Ord. No. 2013-17, § 1, 4-16-13; Ord. No. 2023-094, § 39, 11-21-23; Ord. No. 2024-111, § 48, 12-17-24)