Ordinance 2013-46 - Land Development - Historic Preservation ORDINANCE 2013-46
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24
"LAND DEVELOPMENT" OF THE HUNTSVILLE, TEXAS CODE OF
ORDINANCES BY ADDING CHAPTER 17, HISTORIC PRESERVATION, TO THE
DEVELOPMENT CODE; REQUIRING THE PUBLICATION OF THIS
ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning
Authority, specifically authorizes zoning functions and procedures for municipalities; and
WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, Section 211.003(b) provides
that in the case of designated places and areas of historical, cultural, or architectural importance
and significance, the governing body of a municipality may regulate the construction,
reconstruction, alteration,or razing of buildings and other structures.
WHEREAS, CH. 211 TEXAS LOCAL GOVERNMENT CODE, Section 211.005(a) authorizes
the governing body of a municipality to divide the municipality into districts, within which the
governing body may regulate the erection, construction, reconstruction, alteration, repair, or use
of buildings, other structures, or land and within which zoning regulation must be uniform for
each class or kind of building in a district; however, zoning regulations may vary from district to
district.
WHEREAS, CH. 214 TEXAS LOCAL GOVERNMENT CODE, Section 214.00111 provides
additional authority to preserve substandard buildings as historic property which applies only to
a municipality that is designated as a certified local government by the state historic preservation
officer as provided by 16 U.S.C.A. Section 470 et seq.
WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on
September 19, 2013 held a public hearing prior to consideration of possibly adding a new
chapter, Chapter 17, Historic Preservation, to the Huntsville Development Code;
WHEREAS, the Planning and Zoning Commission recommended the addition of Chapter 17,
Historic Preservation, to the Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meetings on October 1, 2013 and
October 15, 2013 prior to consideration of amending the Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
I. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and factual findings
of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this
Ordinance as if copied in their entirety.
II. AMENDMENT
The Huntsville Code of Ordinances, Chapter 24, Land Development, is amended by adding a
new chapter entitled, "Chapter 17-Historic Preservation", attached hereto as Exhibit "A", to the
Huntsville Development Code.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held
to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance
as a whole or any part or provision thereof,other than the part so declared to be invalid, illegal or
unconstitutional.
V. EFFECTIVE DATE
This Ordinance shall take effect on November 19th, 2013. 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.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code.
1 st Reading—October 1,2013
PASSED AND APPROVED on this the 12a'day of November, 2013.
THE CITY OF HUNTSVILLE,TEXAS
Mac Woodw d,Mayo
AT ST: APP O AS TO FORM:
L Woodward, City Secretary L d Schneide , City Attorney
II. AMENDMENT
The Huntsville Code of Ordinances, Chapter 24, Land Development, is amended by adding a
new chapter entitled, "Chapter 17-Historic Preservation", attached hereto as Exhibit "A", to the
Huntsville Development Code.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held
to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance
as a whole or any part or provision thereof,other than the part so declared to be invalid,illegal or
unconstitutional.
V. EFFECTIVE DATE
This Ordinance shall take effect on November 19th, 2013. 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.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time,place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code.
1 st Reading—October 1,2013
PASSED AND APPROVED on this the 12th day of November,2013.
THE CITY OF HUNTSVILLE,TEXAS
Mac Woodward,Mayor
ATTEST: APP OVP AS TO FORM:
Lee Woodward,City Secretary L d Schneide ,City Attorney