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HomeMy WebLinkAboutItem 12 - Proposed Amendments to Comprehensive Zoning Ordinance0ITEM 0 P!, 0- # / 3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND PLANNING AND ZONING COMMISSIONERS �f� FROM: ROGER NELSON, CITY MANAGER41' H.T. HARDY, DIRECTOR OF DEVE MENT SERVICES' DATE: JULY 18, 2000 SUBJECT: PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RECOMMENDATION Staff recommends the Planning and Zoning Commission and the City Council consider the following amendments to Section 12, Definitions relative to the definition of floor level, Section 23.1.1, Limited Business District, Section 23A.1.1, Grapevine Vintage District, Section 24.1.1, Neighborhood Commercial District, Section25.1.1, Community Commercial District, Section 26.1.1, Highway Commercial District, Section 27.1.1, Professional Office District, Section 31.1, Light Industrial District, Section 32.1.1, Business Park District, relative to building height for properties adjacent to residentially zoned property, and take any action necessary. BACKGROUND INFORMATION Staff has received several telephone calls from citizens concerning the development of commercial property adjacent to residential property, specifically regarding building height and "walk -out" basements. Currently the ordinance restricts the maximum height of buildings to one story or twenty feet when adjacent to single family residential districts zoned "R-20," "R-12.5," or "R-7.5." However, no restriction exists limiting the use of "walk -out" basements. This has led to the development of several office buildings that, although they meet the requirements of the ordinance, appear to be more than one story or twenty feet in height. Staff has reviewed the current ordinance and has developed performance standards for each commercial district that will restrict this development in the future. This will be accomplished by defining a "Floor Level" and restricting commercial development adjacent to single family zoning districts to one "Floor Level." These amendments will restrict the ability to develop single story commercial structures that appear to be multi- story adjacent to single family zoning districts. 0AZCUWM00-05.4 DRAFT COPY 05/24/00 allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot. 143. FIRST FLOOR shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than fifty (50) percent below grade and the top of the floor being no higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor. 143a. FLOOR - LEVEL - Any occupiable or usable floor space including mechanical rooms, storage areas, and expansion space. Floor Levels may have elevation changes not to exceed 24 inches. 144. FOUR -UNIT APARTMENT HOUSE shall mean a detached building containing four (4) single-family attached dwellings. 145. FRONT YARD shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. On a cul- de-sac, as that term is defined in the city's subdivision rules and regulations, the front building line is to be determined by establishing a thirty-foot setback from the front property pins on the front property or lot lines. A chord connecting these two (2) points shall be the front building line. Where a front property line has a curved section and a straight section, the front building line shall be determined by establishing a thirty-foot setback on the side property lines, thirty (30) feet from the property pins. A line perpendicular to the straight section will be established at the property pin where the curve begins. A point will be established on this line thirty (30) feet behind the property pin. The building line will be established by connecting these two (2) points. The term "property pins" refers to the front corners of the property contiguous to the street right-of-way as shown on the subdivision. 146. FREIGHT FORWARDING WAREHOUSES shall mean warehouses engaged in the storage of goods in transit which are under the control of a direct air or transport carrier or an agency responsible for the transportation of goods via any such carrier. 147-167. RESERVED FOR FUTURE USE. 168a. GARAGE, FRONT ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the Fl Section 12 11 DEFINITIONS DRAFT COPY 05/24/00 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: Whenever an LB District abuts a residential district, a wall, fence, or berm at least six (6) feet in height shall be erected to effectively screen the LB District from the residential area. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to the height of such building or structure. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or twenty-five (25) feet except buildings located adjacent to an R- 20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) &t94y floor level or twenty (20) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the LB District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 092193 4 Section 23 LIMITED BUSINESS DISTRICT DRAFT COPY 05/24/00 detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a GV District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 50, 53, 23A.H.2. and 23A.H.3. of this Ordinance. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to two (2) times the height of any building or structure, or fifty (50) feet whichever is greater. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district, when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty- five (35) feet, except buildings located contiguous to an R-20, R-12.5, R-7.5 or R-5.0 Residential District shall be limited to one (1) e" floor level. A winery or wine tasting facility not adjacent to a R-7.5, R-12.5 or R-20 Single Family Residential District, may exceed the maximum height requirements of Section 23A.1.1 (thirty-five (35) feet) not to exceed a maximum height of fifty (50) feet, provided a conditional use permit is issued in accordance with Section 48 of the Ordinance. 2. No accessory structure shall be erected or altered to a height exceeding twenty-five (25) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance 062194 5 Section 23A GRAPEVINE VINTAGE DISTRICT DRAFT COPY 05/24/00 H. BUFFER AREA REGULATIONS: Whenever any C -N District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 24(M)4., and 53 of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half (1-1/2) times the height of such building or structure. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty (30) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1) &tee} floor level or twenty-five (25) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 and 58 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the C -N District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever a C -N District is adjacent to any residentially zoned district, a 032399 Section 24 5 NEIGHBORHOOD COMMERCIAL DISTRICT DRAFT COPY hundred (100) feet. 05/24/00 3. FRONT YARD: Every lot shall have a front yard of not less than twenty-five (25) feet which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence, wall or storage area, except that signs may be permitted in this area in accordance with Section 60. 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. Provided, however, the front yard set back for lots fronting on the south side of Northwest highway, between Jenkins Street and Dooley Street, shall be a minimum of ten (10) feet and may be used for off-street parking, drives, and sidewalks. The ten (10) foot front yard for this area shall not be used for any building, structure, fence, wall, or storage area. 4. SIDE YARDS: No side yards are required, except that when property in an HC District abuts property of a district in which a side yard is required, a side yard of equivalent width shall be provided in the HC District. 5. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall be provided. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than ten (10) feet. H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50 of this Ordinance. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet; except buildings located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance 041800 7 Section 26 HIGHWAY COMMERCIAL DISTRICT DRAFT COPY (25) feet in depth. 05/24/00 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: Whenever a P -O District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 of this ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to two (2) times the height of such building or structure or twenty-five (25) feet, whichever is greater. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty (30) feet except buildings located contiguous to a R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) stsfy- floor level or twenty (20) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the P -O District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 092193 4 Section 27 PROFESSIONAL OFFICE DISTRICT DRAFT COPY 05/24/00 4 residentially zoned district, a landscaped buffer zone of not less than twenty-five (25) feet in depth shall be provided from the lot line. No buildings or structures, parking, loading or storage shall occur in the buffer area and such area shall be landscaped to provide visual and acoustical privacy to adjacent property. Screening shall be provided in accordance with the provisions of Section 50 of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one-half (1-1/2) times the height of any building or structure. I. HEIGHT: No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located contiguous to an existing R-20, R-12.5 or R- 7.5 Single Family District shall not exceed one (1) ste4} floor level or thirty-five (35) feet in height. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with Sections 56 and 58 of this Ordinance. L. OFF-STREET LOADING: No off-street loading is required in the LI Light Industrial District. M. MASONRY REQUIREMENTS: The masonry requirements of Section 54 shall be met for all buildings and structures. N. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING. The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. O. OUTSIDE STORAGE USES ESTABLISHED PRIOR TO FEBRUARY 21,1995: Any use within the Light Industrial District with outside storage platted for record prior to February 21, 1995, shall be deemed a permitted use. However, no such building, structure or use shall be altered, changed or expanded unless a conditional use permit is issued pursuant to Section 48. 032399 7 Section 31 LIGHT INDUSTRIAL DISTRICT DRAFT COPY 05/24/00 conditional use shall meet the requirements of Section 32.N.1. 6. DISTANCE BETWEEN BUILDINGS: None Required. H. BUFFER AREA REGULATIONS: Whenever a BP Business Park District abuts a Residential District, an appropriate buffer screen shall be provided in accordance with the provisions of Section 53 and Section 32.M.5. of this Ordinance. In addition, no building or structure shall be located nearer to any residentially zoned property than a distance of one hundred (100) feet. Any use other than open space or off-street parking proposed to be located within the one hundred (100) foot buffer shall be permitted as a conditional use meeting the requirements of Section 48. HEIGHT: 1. No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located adjacent to an R- 20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height. 2. For buildings or structures exceeding fifty (50) feet, a Conditional Use Permit must be obtained. In addition, the building height granted under a conditional use permit shall not exceed one-half (1/2) the shortest distance between the structure and the nearest adjacent residentially zoned district. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Section 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. In addition, the following shall be required: 1. No off-street parking area shall be located closer than twenty five (25) feet to any residentially zoned property nor ten (10) feet to any adjacent property line. 2. Off-street Parking for passenger vehicles wherever practical shall be separated from truck loading and maneuvering areas. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provisions of Section 57 and 58 of this Ordinance. 041800 6 Section 32 BUSINESS PARK DISTRICT ORDINANCE NO. 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 12 DEFINITIONS; SECTION 23 "LB" LIMITED BUSINESS DISTRICT; SECTION 23A "GV" GRAPEVINE VINTAGE DISTRICT; SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; SECTION 31 "Ll" LIGHT INDUSTRIAL DISTRICT; AND SECTION 32 "BP" BUSINESS PARK DISTRICT, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 WHEREAS, the City of Grapevine has proposed several amendments to the Official Zoning Map of the City of Grapevine, Texas and has submitted same to the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether the requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS building height presents unique public health and safety concerns relative to fire protection which concerns can be addressed by regulating the maximum number of floor levels allowed adiacent to residential zoning districts as such regulation ensures adequate access and safety for Fire Department personnel and sufficient ventilation and emergency exit access at hotels; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the conditions of the effected zoning districts and surrounding properties since their original classification; and, therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Grapevine, Texas and help promote the general health, safety, and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. 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 12 Definitions is hereby amended by the addition of Subsection A. 143a to read as follows: "143x. FLOOR - LEVEL - Any occupiable or usable floor space including mechanical rooms, storage areas, and expansion space. Floor Levels may have elevation changes not to exceed 24 inches." B. That Section 23 "LB" Limited Business District is hereby amended by amending Subsection 23. 1.1 to read as follows: "23.1.1 No principal structure shall be erected or altered to a height exceeding two (2) stories or twenty-five (25) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) eters floor level or twenty (20) feet in height." C. That Section 23A "GV" Grapevine Vintage District Regulations is hereby amended by amending Subsection 23A.1.1 to read as follows: "23A 11 No principal structure shall be erected or altered to a height exceeding thirty-five (35) feet, except buildings located contiguous to an R-20, R-12.5, R-7.5 or R-5.0 Residential District shall be limited to one (1) s+� floor level." D. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by amending Subsection 24.1.1 to read as follows: "24.1.1 No principal structure shall be erected or altered to a height exceeding thirty (30) feet except buildings located adjacent to an R-20 R-12.5, or R-7.5 Residential district shall_ not exceed ORD. NO. 3 one (1) s#ep� floor level or twenty-five (25) feet in height." E. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending Subsection 25.1.1 to read as follows: "25.1.1 No principal structure shall be erected or altered to a height exceeding fifty (50) feet except buildings located contiguous to an existing R-20, R-12.5, or R-7.5 District, height shall not exceed one (1) stems floor level or twenty five (25) feet in height." F. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending Subsection 26.1.1 to read as follows: "26.1.1 No principal structure shall be erected or altered to a height exceedinq two (2) stories or thirty-five (35) feet: except buildings located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height." G. That Section 27 "PO" Professional Office District Regulations is hereby amended by amending Subsection 27.1.1 to read as follows: "27.1.1 No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty (30) feet except buildings located contiguous to a R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) stew -floor level or twenty (20) feet in height." H. That Section 31 "LI" Light Industrial District is hereby amended by amending Subsection 31.I.a to read as follows: "31.I.a HEIGHT: No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located contiguous to an existing R-20, R-12.5 or R-7.5 Single Family District shall not exceed one (1) sty floor level or thirty-five (35) feet in height." 1. That Section 32 "BP" Business Park District Regulations is hereby amended by amending Subsection 32.1.1 to read as follows: "32.1.1 No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height." A • u 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 ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 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. 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 18th day of July, 2000. APPROVED: ATTEST: ORD. NO. 5 APPROVED AS TO FORM: ORD. NO.