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HomeMy WebLinkAboutORD 2006-068 ORDINANCE NO. 2006-68 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 12 DEFINITIONS; 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 hereby ratified, verified, and affirmed: A. That Section 12 Definitions is hereby amended by deleting paragraph 171. B. That Section 12 Definitions is hereby amended by the addition of paragraphs 171a and 171b as follows: "171a. GRADE shall mean the finished ground level adjoining the building at all exterior walls. 171 b. GRADE PLANE shall mean a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6)feet (1829 mm) from the building between the structure and a point six (6) feet (1829 mm) from the building." C. That Section 12 Definitions is hereby amended by amending paragraph 195 to read as follows: "195. HEIGHT, BUILDING shall mean the vertical distance from grade plane to the average height of the highest roof surface. If a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height." D. That Section 12 Definitions is hereby amended by amending paragraphs 396a and 396b to read as follows: "396a. STORY shall mean the portion of the building included between the upper surface of a floor and the upper surface of the floor or roof next above. 396b. STORY, ABOVE GROUND shall mean any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: 1. More than six (6) feet (1829 mm) above grade plane. 2. More than six (6) feet (1829 mm) above the finished ground level for more than 50 percent of the total building perimeter. 3. More than twelve (12)feet (3658 mm) above the finished ground level at any point." 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 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. 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 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. 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 ORD. NO. 2006-68 2 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 19th day of September, 2006. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary LIU APPROVED AS TO FORM: Matthew Boyle City Attorney ORD. NO. 2006-68 3