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Ordinance 2014-02 - Land Development ORDINANCE 2014-02 AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 G4LAND DEVELOPMENT" OF THE HUNTSVILLE TEXAS CODE OF ORDINANCES BY AMENDING CHAPTER 5 OF 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, the Planning and Zoning Commission of the City of Huntsville at their meeting on September 5, 2013 held a public hearing prior to consideration of the removal of Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5 of the Huntsville Development Code; WHEREAS, the Planning and Zoning Commission recommended the removal of Section 504 Noise Control and Table 5-2 Table of Noise Standards from Chapter 5 of the Huntsville Development Code; and WHEREAS, the City Council held a public hearing at their meetings on October 15, 2013 and November 12, 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 removing Section 504 entitled"Noise Control" and Table 5-2 Table of Noise Standards from Chapter 5 of the current Development Code. 594: NOISE CONTROL 394.1— e health,eefnfeft, > , 504.2 Standards These standafds apply to noise ffem any maehinery of equipment that is part of or epefated within an develepment pr-evided fer- in this Cede, The fna*imufn level ef neise allewed in any land use eat shown in Table 5 2: TABLE OF NOISE STANDARDS. Where a pr-epesed development i ext te Z".a,n- , Tau be made.,t the.. pe ft..line o f the r ..land, Q11µ e 504 Measrremext Noise shall be measufed with a sound level metef meeting the standafds ef the Amer-iean Natienal Standafds " instfument shall be set te the A weighted respense seale and the meter-te the slow fespense. Measufements shall be eendueted aeeer-ding to ANSI S1. 2 1962 " 504.4 Neise prohibited eategei-y in Table 5 2 when fneasur-ed at er-within the propefty betindafies within the reeeiving land use, TABLE OF NONE STANUkRD LAThD GkTEGORY WHERE x r zoz✓ industrial -72 72 55 66 Gefwnereial C�l� 66 55 66 Residential 60 60 TJ 6 Office bG 66 55 66 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 5, 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. 1St Reading—October 15, 2013 PASSED AND APPROVED on this the 121h day of November, 2013. THE CITY OF HUNT VILL , TEXAS Mac Wood ard, M yor 1 AT ST: APP O ED AS TO FORM: Lee o dward, City Secretary L96n c ei , City Attorney