ORD 2000-27 - TowersORDINANCE NO. 2000-27
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE
DEVELOPMENT CODE OF THE CITY OF HUNTSVILLE TO PROHIBIT
TELECOMMUNICATION TOWERS WITHIN 2,500 FEET OF THE COURTHOUSE
SQUARE AND TO ALLOW DETACHED SINGLE FAMILY DWELLINGS ON URBAN
RESIDENTIAL LOTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the area of the City of Huntsville adjacent to the courthouse square has special,
historical and/or aesthetic interest; and
WHEREAS, the City of Huntsville has applied for "Main Street USA" designation for its
downtown area; and
WHEREAS, the construction and siting of telecommunication or cellular towers in and
around the downtown area would have an adverse impact on the special, historical, and aesthetic
nature of downtown Huntsville; and
WHEREAS, the City is desirous of permitting the construction of detached single family
dwellings on Urban Residential lots within the City; and
WHEREAS, the Planning and Zoning Commission has given proper notice and held a public
hearing on these amendments to the City's Development Code, i.e. the prohibition of
telecommunication towers in the downtown area and allowing detached single family dwellings to
be constructed on Urban Residential lots; and
WHEREAS, the Planning and Zoning Commission has recommended to the City Council
that these amendments to the Development Code be adopted; and
WHEREAS, the City Council has given proper notice and conducted a public hearing on the
proposed amendments to the City's Development Code; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: (a) Chapter 4 "Development Districts," Section 403.3 `Establishment of
Districts," Subsection (2) of the Development Code of the City of Huntsville is hereby amended to
hereinafter read as follows:
403.3 Establishment of districts.
(2) A landmark district is an area that has special, historical or aesthetic interest and
is designated as a landmark district pursuant to this Chapter. The following areas
are designated as landmark district areas:
a. Seven thousand (7,000) feet from the Sam Houston Statue - Huntsville
Visitor Center; and
b. Twenty -five hundred (2,500) feet from the center of the courthouse square.
(b) Chapter 5 "Lot Standards," Section 503.4 "Television, Radio and Microwave Tower
Telecommunication Equipment," Subsection (4) of the Development Code of the City of Huntsville,
Texas, is hereby amended to hereinafter read as follows:
503.4 Television, radio and microwave tower telecommunication equipment
(4) No tower shall be erected within the following Landmark Districts:
a. Seven thousand (7,000) feet from the Sam Houston Statue - Huntsville
Visitor Center; and
b. Twenty -five hundred (2,500) feet from the center of the courthouse square.
SECTION 2: (a) Chapter 5 "Lot Standards," Section 502.3 "Urban Residential" of the
Development Code of the City of Huntsville, Texas, is hereby amended to hereinafter read as
follows:
502.3 Urban residential
Urban residential lots that are not located within a Neighborhood Conservation District
(NC) may contain more than one single family residential structure. A minimum lot
area of 6,000 square feet shall be required for each dwelling unit whether it be Single
Family - Attached or Single Family - Detached.
(b) Chapter 15 "Definitions" of the Development Code is hereby amended to delete the
current definition of "Dwelling, Single Family" and add definitions for "Dwelling, Single Family -
Attached" and "Dwelling, Single Family- Detached" which shall hereinafter read as follows:
Dwelling, Single Family - Attached. A dwelling which is joined to another dwelling
at one or more sides by a party wall or abutting separate wall, and which is designed
for or occupied exclusively by one family.
Dwelling, Single Family - Detached. A dwelling designed for or occupied exclusively
by one family and having no physical connection to another building located on the
same lot or tract or any other lot or tract.
SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and
the City Council determines that it would have adopted this Ordinance without the invalid provision.
SECTION 4: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2000.
CITY OF HUNTSVILL TEXAS
L'z William B. Green, Mayor
AT ST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
aul C, City Attorney