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ORD 1994-13 - Permit Business Occupancies in Covered Malls 05-10-1994WHEREAS WHEREAS ORDINANCE NO. 94 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS TO PERMIT GROUP B (BUSINESS OCCUPANCIES FOR OFFICE, PROFESSIONAL AND SERVE TYPE TRANSACTIONS) IN COVERED MALL BUILDINGS; PROVIDING A PENALTY OF UP TO $2,000; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. The City Council of the City of Huntsville has previously adopted the 1991 Standard Building Code with certain minor modifications; and The City Council desires to amend its building code to permit certain Business Occupancies in covered malls consistent with the 1992/1993 revisions to the Standard Building Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that SECTION 1: Chapter 6, Building and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is amended by the adoption of a new subsection 6 -2 A (15.1) which shall read as follows: Subsection 507.6.1 is amended to read: 507.6.1 Covered mall buildings shall be classified as Group M occupancies and may contain accessory uses consisting of Group A, B, E or R occupancies. Individual accessory uses within a covered mall building shall not exceed the sprinklered area limitation and shall not be located at a height greater than that permitted for such occupancy group in the type of construction being used. The aggregate area of all accessory uses within a covered mall building shall not exceed 25% of the gross leasable area. SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two thousand ($2000.00) dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code § 53.001 and § 54.001. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. Texas Local Government Code § 52.013. PASSED AND APPROVED THIS 10TH DAY OF MAY, 1994 ATTES : THE CITY OF HUNTSVILLE Danna Welter, City Secretary APPROVED AS TO FORM: Scott Bound , ty Attorney Ho ges, Mayor