ORD 1990-09 - Zoning Regulations & Commission, District Map, Board of Adjustment 06-05-1990ORDINANCE NO. 90 -9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
ENACTING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE
WITH THE COMPREHENSIVE PLAN; REGULATING WITHIN SUCH DISTRICTS THE
USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER
PURPOSES; PROVIDING FOR CONDITIONAL USE PERMITS; ADOPTING AN
OFFICIAL ZONING DISTRICT MAP; CREATING A PLANNING AND ZONING
COMMISSION; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS;
PROVIDING FOR A PENALTY OF UP TO $1,000.00 FOR EACH OFFENSE;
AUTHORIZING PUBLICATION OF THE CAPTION OF THE ORDINANCE; AND
PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS UNDER THE EXISTING
ORDINANCE.
WHEREAS by Ordinance 90 -3 the City Council of the City of Huntsville,
Texas, appointed the Planning Commission to serve as the Zoning
Commission; and
WHEREAS the Planning and Zoning Commission has met to consider
regulations, which in accordance with the City's Comprehensive
Plan, would be designed to control the density of population to
the end that congestion may be lessened in public streets and that
the public health, safety, convenience and general welfare be
promoted in accordance with Chapter 211, Municipal Zoning
Authority of the Texas Local Government Code; and
WHEREAS the Planning and Zoning Commission has studied and evaluated the
proposals and recommendations prepared by City Staff; and
WHEREAS the City Council and the Planning and Zoning Commission met in
joint session for the purpose of a Public Hearing on the
Preliminary Report to the City Council; and
WHEREAS the Planning and Zoning Commission has considered the comments of
the public presented at that public hearing and presented a final
report to this Council recommending the adoption of a zoning
ordinance;
NOW THEREFORE,
Be it ordained by the City Council of the City of Huntsville, Texas, that:
SECTION 1: The Development Code adopted by reference in Chapter 30 of the
Code of Ordinances of the City of Huntsville, Texas is amended by
the repeal of Chapter 1. General Administration, as it presently
exists and by the adoption of a new Chapter 1. General
Administration that shall read as follows:
CHAPTER 1. GENERAL ADMINISTRATION
100. TITLE
This code shall be known as the Huntsville Development Code. This Code is
adopted pursuant to the authority contained in chapters 211 and 212 of the
Texas Local Government Code.
101. LEGISLATIVE INTENT
This code is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. Where this Code conflicts or
overlaps other regulations, whichever imposes the more stringent restrictions
shall prevail.
101.1 Interpretation
In the interpretation and application of this Code, all provisions shall
be:
(1) Liberally construed in favor of the governing body; and
(2) Deemed neither to limit nor repeal any other powers granted under
state statutes.
101.2 Purpose
(1) The purpose of this Code is the implementation of the
Comprehensive Plan, specifically the goals, objectives and
policies contained therein, and the protection of the health,
safety, and general welfare of existing and future residents of
the City.
(2) This purpose is met by:
(a) Providing the means of implementing the policies and
provisions of the Comprehensive Plan.
(b) Guiding the growth of the City, concentrating more intense
development in areas with high development capability and
limiting development in areas of low capability.
(c) Guiding, through the establishment of performance standards,
the type, distribution, and intensity of development.
101.3 Compliance
All development or redevelopment shall comply fully with the provisions
of this Code and the standards contained herein. Such compliance is a
precondition for the issuance of any permits or approval of subdivision
plats.
102. THE PLANNING AND ZONING COMMISSION
102.1 Creation, Appointments, Memberships
(1) There shall be a City Planning and Zoning Commission consisting of
seven (7) voting members appointed by the Mayor with approval of
Council. Members shall be appointed during the month of October.
Each member shall be a resident of the City.
(2) The members of the Commission shall be identified by place
numbers one (1) through (7). Places one (1), two (2) and three
(3) shall be appointed initially for a term of a one year, places
four (4) and five (5) shall be initially appointed for a term of
two years, and places six (6) and (7) shall be initially appointed
for a term of three years. Thereafter, all members shall be
appointed for a term of three (3) years.
(3)
Should a vacancy occur, the Mayor, with approval of Council, shall
appoint a person to complete the unexpired term of such position.
102.2 Meetings, Officers and Rules
(1) The Commission shall hold at least one regular meeting per month.
Special meetings may be held on call of the Chairperson or by a
majority of the Commission qualified.
(2) The Commission shall elect a Chairperson and Vice - Chairperson at
the first regularly scheduled meeting after the October
appointments who shall serve for a period of one year All
members including the Chairperson shall vote in matters considered
by the Commission.
(3) The Director of Planning shall serve as ex officio nonvoting
secretary of the Commission and shall keep minutes, books, files
and other records of the Commission and perform such other duties
as are incidental to the office.
(4) Any four (4) voting members of the Commission present shall
constitute a quorum to conduct business.
102.3 Responsibilities
The Commission shall:
(1) advise the City in the preparation and maintenance of a
Comprehensive Plan and related studies;
(2) advise the City in establishing criteria for development of land;
(3) approve or disapprove, with or without variances, all subdivision
plats, development plats or other matters as established in this
Code within the City and its extra - territorial jurisdiction
(ETJ) ;
(4) assist the City in conducting public hearings as may be required
to gather information necessary for the drafting, establishment
and maintenance of the Comprehensive Plan and ordinances and
regulations related to it;
(5) initiate planning concepts and recommend policies for guiding
action affecting development in the City and its environs; and
(6) perform other duties that may be specifically assigned to it by
the City that may have a bearing on the preparation or
accomplishment of the Comprehensive Plan.
103. THE BOARD OF ADJUSTMENT
103.1 Creation, Appointments and Members
(1) There shall be a Board of Adjustment consisting of five (5) voting
members. Members shall be appointed by the Mayor with approval of
Council =during the month of October. Each member shall be a
resident of the City.
(2) The members of the Board shall be identified by place numbers
(1) through (5). Places (1), (2), and (3) shall be appointed
initially for a term no greater than one year, places (4) and (5),
shall be initially appointed for a term no greater than two years.
Thereafter, all members shall be appointed for a term of two (2)
years.
(3) Should a vacancy occur, the Mayor, with approval of Council, shall
appoint a person to complete the unexpired term of the position.
103.2 Meetings, Officers and Rules
(1) The Board shall elect a Chairperson and Vice - Chairperson at the
first regularly scheduled meeting after the October appointt%ents,
who shall serve for a period of one year All members, includtng,
the Chairperson, shall vote in matters considered by the Board.
(2) The Director of Planning shall serve as ex officio (non- voting)
secretary of the Board and shall keep minutes, books, files and
other records of the Board and perform such other duties as are
incidental to the office.
(3)
Any four (4) voting members of the Board present shall constitute
a quorum to conduct business.
103.3 Responsibilities
(1) Development Code Text and Zoning District Map Interpretation
The Board is authorized to hear and decide appeals where it is
alleged that there is an error in an order or decision by the
municipal enforcement officials in applying the standards of this
Code (see section 112).
(2) Special Exceptions and Variances
The Board is authorized to hear and decide special exceptions to
the terms of the Code where such special exceptions are allowed by
the Code and authorize in specific cases a variance from the terms
of this Code as established in Section 112.
(3) Determination of Land Use
The Board of Adjustment shall determine the land use category of
any land use where a question exists relating to the application
of the appropriate standards contained in this Code (see also
chapter 4).
104. DEVELOPMENT PERMIT REQUIRED
104.1 Purpose
This section sets forth the application and review procedures for
obtaining a permit for the development of land (Development Permit) in
the City and its extra - territorial jurisdiction according to the
standards established by this Code. A Development Permit shall be
issued only to lots meeting the development district standards contained
in Chapter 4 and approved according to the land division procedures
established in Chapter 2 of this Code. Prior to issuance of any
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Development Permit or Building Permit, the developer shall obtain a
Certificate of Compliance from the City (see Section 104.5). For a list
of the development actions permitted under this code, see section 104.2
of this code.
104.2 Permitted Activities
The developer shall obtain a Development Permit as required for the
following actions:
(1) Reclamation of Land /Drainage Improvements (Reclamation Permit);
(2) Sign Placement and Erection (Sign Permit);
(3) Land Division;
(4) Construction of Public Improvements;
(5) Conditional Uses; and /or
(6) Nonconforming Uses.
104.3 Application for Issuance of a Development Permit
(1) Application; fees
(a) The developer shall submit an application on forms provided
by the City for issuance of a development permit. Where
hardship relief is requested, the developer shall also
present a written request according to section 112 (for a
variance). Each application shall be accompanied by the
payment of a fee in accordance with the duly adopted
"Schedule of Fees" to cover the costs of processing the
application.
(b) Each application shall be accompanied by five (5) copies of
a site plan as described in section 104.4 of this chapter;
provided, however, that applications for home occupations
shall not be required to submit site plans.
(2) Action
(a) The City shall respond to the applicant within 30 days of
filing as to the approval, conditional approval or
disapproval of the application. If disapproved, the City
shall cite reasons for denial and, if approved, a
development permit shall be issued to the developer.
(b) If the application is disapproved or conditionally approved,
the developer may make appropriate alterations or otherwise
show evidence of meeting the standards of this Code.
Resubmission or providing additional information to meet
conditions shall not require payment of fees (unless meeting
conditions requires a separate application).
104.4 Site Plans
The developer shall submit site plans, where necessary, based on the
criteria below in fulfilling the application requirements for obtaining
a development permit under this Code. The developer shall also provide
a certified copy of any instrument which contains a restriction on the
use of, or construction of, the lot, together with a certified copy of
any amendment, judgment or other document affecting the use of the
property.
The site plan shall provide the following information:
(1) The date, scale, north point, development district, title, name of
owner, and name of person preparing the site plan.
(2) The location and dimensions of boundary lines, easements, and
required yards and setbacks of all existing and proposed buildings
and land improvements.
(3) The location, height, and intended use of existing and proposed
buildings on the site, and the approximate location of proposed
buildings and land improvements.
(4) The location of existing and proposed site improvements including
parking and loading areas, pedestrian and vehicular access,
utility or service areas, fencing and screening, and lighting.
(5) The center line of existing water courses, drainage features and
location and size of existing and proposed streets and alleys, and
the 25 -year and 100 -year floodplain.
(6) The number of existing and proposed off - street parking and loading
spaces, and a calculation of applicable minimum requirements.
(7) The approximate location and size of proposed signs, if known.
(8) The location and size of the existing and proposed landscaped
areas.
104.5 Permit Required
A person commits an offense if he uses land for a purpose not permitted
in the district in which it is located.
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105. CERTIFICATE OF COMPLIANCE
The City shall not issue a building or development permit for the erection,
alteration, moving or repair of any building or structure or any other permit
authorized by the Code until a certificate of compliance has been issued by
the Code Compliance Officer. Issuance of such a certificate shall indicate
that the plans for which the building or development permit is requested
complies with the Official Zoning Map. The City shall maintain a record of
all certificates of compliance and said record shall be open for public
inspection.
106. RECLAMATION OF LAND
106.1 Permit Required
The developer shall obtain a permit from the City prior to depositing or
removing any material within a watercourse; excavating within a
watercourse; constructing, altering, or removing any structure within,
upon or across a watercourse; planting or removing any vegetation within
a watercourse; or altering any embankment within a watercourse.
106.2 Standards
The developer shall meet all standards relating to construction and
drainage contained in chapters 7 and 10 and section 403.1 of this
Code, including the provisions of the Standard Excavation and Grading
Code in obtaining permission to reclaim or improve watercourses.
106.3 Permit Procedures for Flood Hazard Zone Areas
(1) Application for a Development Permit shall be presented to the
City on forms furnished by the City and may include, but not be
limited to, a site plan as described in section 104.4 showing the
location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, and the location of
the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest
floor (including basement) of all new and substantially
improved structures;
(b) Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
(c) A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure
shall meet the floodproofing criteria of 403.1 (3)(b);
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(d) Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a result of
proposed development.
(e) Maintain a record of all such information in accordance with
403.1 (8)(a).
(2) Approval or denial of a development permit by the City shall be
based on all of the provisions of section 403.1 (1) and
emphasizing the following relevant factors:
(a) The danger to life and property due to flooding or erosion
damage;
(b) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
(c) The danger that materials may be swept onto other lands to
the injury of others;
(d) The compatibility of the proposed use with existing and
anticipated development;
(e) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(f) The costs of providing governmental services during and
after flood conditions including maintenance and repair of
streets and bridges, and public utilities and facilities
such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location,
where applicable;
(i) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(j) The relationship of the proposed use to the comprehensive
plan for that area.
107. SIGN PLACEMENT AND ERECTION
107.1 Permit Required
The developer shall obtain a permit from the City prior to erecting,
constructing, reconstructing or altering a sign. Any sign listed
hereunder shall be erected and maintained in a safe condition in
conformity with the standards in Chapter 11 of this code and the
Building Code. If, within any twelve (12) month period, alterations or
repairs costing in excess of fifty (50) percent of the then physical
value of the sign structure are made to an exiting sign structure, such
sign shall be made to conform to the requirements of this Code except
for section 1108 (off-premise signs, location).
107.2 Application Procedures
(1) The developer shall submit an application on forms provided by the
City for a permit to place and erect a sign (see section 104.3).
(2) Construction permit applications for new ground signs when erected
or constructed to heights exceeding 30 feet above ground level, or
for new roof signs when erected 30 feet above ground level shall
be accompanied by a drawing of the sign structure and the sign
prepared by and certified by a professional engineer registered in
the State of Texas; the City may also require similar
certification by a registered professional engineer if any unusual
structural provision of a proposed sign indicates such
certification is necessary in the interest of public safety.
(3) Signatures of both the owner of the premises upon which the sign
is to be (or has been) constructed (or the authorized lessee of
such premises) and the sign company (if the sign is an off-premise
sign) that the sign is authorized to be erected or to be
thereafter maintained on the premises, shall be provided and shall
contain the sworn affidavit of the owner or lessee and the sign
company that the sign does not violate any applicable deed
restriction or other similar restrictions on the premises.
(4) Any permit for construction of a sign will become null and void
unless construction of the sign is completed within 180 days, or
the permit is renewed for an additional 180 days, in which case an
additional fee shall be payable equal to one-half the original fee
paid and the proposed sign shall meet all of the requirements of
this Code on the date of renewal.
107.3 Exceptions
No permit shall be required under this Code for on-premise signs of the
following descriptions, unless any such sign is a spectacular sign, or
portable sign.
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(1) signs painted on glass surfaces or windows or doors;
(2) wall signs not over 100 square feet in area;
(3) signs erected by the City, State of Texas (including its political
subdivisions such as counties, school districts, universities, and
the Department of Criminal Justice), or the Federal Government
and the lessees of such government entities;
(4) railroad signs;
(5) legal notices (such as "no trespassing" or "no parking ") and house
numbers not exceeding four square feet in area;
(6) a sign not over 40 square feet in area setting forth information
concerning a building or other structure under repair or
construction or advertising the sale or rental of the premises;
(7) signs within a stadium designed to be viewed by patrons within the
stadium;
(8) temporary signs, provided the number of such signs on any premise
does not exceed two (2) in number, and provided such signs are
displayed on consecutive days, and for only a maximum of seven (7)
days in any thirty (30) day period;
(9)
on- premise signs setting forth the location of or directions to
parking or buildings located on the premises, or regulating the
flow of off - premise traffic. Such directional signs may be
lighted, consistent with the other requirements for electrical
signs in chapter 11 and with the requirements of the building
code;
(10) signs displayed, designed, or used for or upon motor vehicles; or
(11) signs which are mounted on the face of a building no higher than
the roof line or form an integral part of a canopy or marquee
entrance and state only the street number, name of the proprietor,
and name of the premise therein; provided, however, that the
number of such signs shall not exceed the number of entrances for
such premises.
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108. LAND DIVISION
108.1 Permit Required
A person commits an offense if he divides any tract of land into two or
more parts or adjusts a lot or tract boundary and/or consolidates two or
more lots or tracts of land without a permit from the city.
108.2 Application Procedures
The developer shall submit an application for the permit on standard
forms provided by the Cfty. For purposes of this section, the
application for preliminary plat approval (see section 203.1) or
approval of a boundary line adjustment (see section 205,1) shall be
considered an application for a development permit. The permit shall be
effective for two years; provided, however, that approval may be
automatically extended at one year intervals if development is occurring
in a timely manner.
109. PERMIT TO CONSTRUCT PUBLIC IMPROVEMENTS
109.1 Permit Required
A person commits an offense if he constructs, alters or removes any
public improvement without a permit for the work from the City.
109.2 Application Procedures
(1) The developer shall submit an application for the permit on
standard forms provided by the City.
(2) The application shall be accompanied by three (3) complete sets
of proposed construction plans. Such plans and one (1) set of
construction cost estimates shall bear the seal of a registered
professional engineer of the State of Texas, and shall be prepared
in accordance with the latest City standards.
109.3 Permit Issuance and Fees
A permit for construction, alteration or removal of public improvements
can be issued upon approval of the engineered plans and cost estimates
(see section 109.4) for the work and payment of a plan checking and
inspection fee in accordance with the duly adopted "Schedule of Fees."
109.4 Construction Plans
(1) Utility Layout Plan
The developer shall submit at least three (3) copies of a plat of
the development showing the proposed location of all utilities to
be provided and their relation to all other utilities as specified
in Chapter 7 of this code. The Utility Layout Plan shall bear the
signature of approval of the appropriate representative of each
utility company proposed to serve the development.
(2) Sanitary Sewer and Water Construction Plans
The developer shall submit separate sewer system plans with a plan
and profile of proposed sanitary sewers, with grades and pipe
sizes indicated and showing locations of manholes, cleanouts,
etc., and a separate plan of the proposed water distribution
system showing pipe sizes and location of valves, fire hydrants,
and fittings, etc., in conformance with the City's criteria. A
profile is required for all water lines. Existing public
improvements (streets, sewer, water, etc.), public easements and
existing and proposed topography shall be shown on each plan.
Each plan shall show the seal and signature of the registered
professional civil engineer who prepared the plans. Each sheet
shall include north point, scale, date, and bench mark description
of sea level datum.
(3) Storm Drainage Construction Plans
The developer shall submit separate storm drainage plans showing
the information specified below.
(a) A plan and profile of proposed storm sewers or channels,
showing hydraulic data, pipe grades and sizes, manholes,
inlets, pipe connections, outlet structures, etc., in
conformance with the criteria established in chapter 10 of
this code. All plans shall show existing and proposed
topography with contour lines at two foot intervals and all
existing public improvements (streets, sewer, water, etc.)
and public mmsmmwnts. Each plan shall show the seal and
signature of the registered professional engineer who
prepared the plans. Each sheet shall include north point,
scale, date, and bench mark description to sea level datum.
(b) A general location map of the tract showing the entire
watershed ( a USGS quadrangle is satisfactory).
(c) Calculations showing the anticipated storm water flow,
including watershed area, run -off coefficient and time of
concentrations shall be submitted showing basis for design
of all improvements.
(d) Detailed plans for any bridges, culverts, catch basins, any
other drainage structures, or any other improvements to be
made.
(4) Street Construction Plans
The developer shall submit separate street plans with a plan and
profile of all proposed streets or roads with centerline and top
of curb grades, ditch flowline and tops of ditch grades, and
showing existing and proposed surface profiles. Each sheet shall
include north point, scale, date, and bench mark description to
sea level datum. Scales shall be 1 inch equal 40 or 50 feet
horizontally and 1 inch equal 4, 5, or 10 feet vertically. Each
plan shall show all existing and proposed public improvements
(drainage, sewer, water, etc.) within the limits of the street
construction. The typical cross - section of proposed streets
showing the width of roadways and type of pavement and location
and width of sidewalks shall be shown. Each plan shall show the
seal and signature of the registered professional engineer who
prepared the plans.
(5) Grading Plan
The developer shall submit a plan of the entire tract depicting
the final grading contours and elevations, earthwork, quantities
(cut and fill), slopes, retaining walls, drainage patterns,
finished floor elevations of all existing structures, minimum
floor elevations of all future structures and any other
information considered necessary by the City at a scale of 1" =
100' minimum. (See also sections 106 and 114).
(6) Design Summary
The developer shall submit a separate report entitled "Engineering
Design Summary" with final plans and specifications for
construction of public improvements and shall summarize
calculations and such other engineering information pertaining to
the major items of design significance as may be necessary in the
City's review of the plans and specifications to determine whether
the facilities proposed for construction have been designed in
accordance with the intent of the City's design criteria.
Calculations shall include drainage facilities, water demand,
sewage flows, and any others considered necessary be the City.
(7) Format
(a)
The developer shall submit all improvement plans to the City
on sheets 36 inches by 24 inches. A binding margin shall be
provided of not less than one and one-half (1-1/2) inches on
the left side of the sheet and margins not less than
one-half (1/2) inch on the three other sides.
(b) Upon approval by the City of the engineering plans and
conditional approval of the final subdivision plat, the
developer will be issued a Permit to Construct Public
Improvements.
(c) Upon completion of the required public improvements, the
developer's Registered Professional Engineer shall present
to the City high quality reproducible, drafting film (4 mils
thick) of complete "as built" plans for all paving, drainage
structure, storm drains, water lines and sewer lines within
thirty (30) days of the completion of each contract. The
Registered Professional Engineer shall certify that the "as
built" plans are in fact true representations of the actual
construction.
(d) The City shall not accept ownership or maintenance of any
public improvements until the developer submits all final
plats and "as built" plans relating to the project to the
City.
110. CONDITIONAL USE PERMITS
The Commission may approve a conditional use permit for a use that may be
allowed only upon specific review and approval by the Commission in any
district in which such use is authorized following proper application and
after notice and public hearing as established in section 113. No building
permit for a use authorized as a conditional use within a district shall be
issued unless the applicant obtains a conditional use permit. The application
(see Section 104) for a conditional use permit shall be accompanied by 10
copies of a site plan as defined in Section 104.4. No building, premise, or
land use under a conditional use permit may be enlarged, modified,
structurally altered, or otherwise substantially changed unless a separate
conditional use permit is granted. An application for a conditional use
permit shall be approved upon finding that the proposed use:
(1) conforms to all applicable regulations and standards of this code;
(2) is compatible with existing or permitted uses on abutting sites;
(3)
conforms to the objectives and the purposes of the district in
which it is located; and
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(4) will not be detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in the
vicinity.
111. NONCONFORMING USE PERMIT
111.1 Permit Required
Within the districts established under this Code there may exist lots,
structures, uses of land and land use characteristics which were lawful
before this Code was enacted, amended or otherwise made applicable, but
which do not conform to the regulations of the district in which it is
located.
Nonconforming uses are hereby declared to be incompatible with the uses
permitted by right and the conditional uses permitted within the
district involved. A permit shall be obtained to maintain, enlarge,
change, alter or repair a nonconforming use of land or building. A
nonconforming use permit shall be issued according to the procedures
contained in section 104.
111.2 Regulation of Nonconforming Uses
Except as herein provided, no nonconforming use of land or buildings nor
any nonconforming structures may be enlarged, changed, altered or
repaired except in conformity with the regulations contained in this
Code.
(1) Nonconformance Status
The lawful use of land existing at the time of the passage of this
Code, although it does not conform to the provisions herein, may
be continued until termination is required in accordance with the
provisions of this Code. Nonconformance status is determined as
follows:
(a) The use or structure was in existence and lawfully operating
as of June 10, 1986, and has since been in regular and
continuous use; or
(b) The use or structure was lawfully being used at the time of
the adoption of any amendment to this Code and by such
amendment was placed in a district wherein it is not
otherwise permitted; or
(c) The use or structure was in existence at the time of
annexation to the City and has since been in regular and
continuous use.
(2) Continuing Lawful Use of Property
A nonconforming use, when discontinued or abandoned, cannot be
resumed. Discontinuance or abandonment is defined as follows:
(a) When land use for a legal nonconforming use ceases to be
used in such a manner for two (2) years;
(b) When a structure designed or used for a nonconforming use
ceases to be used in such a manner for a period of one (1)
year.
(3) Substitution of Nonconforming Uses Prohibited
No nonconforming use or structure may be substituted for any other
nonconforming use or structure. Only uses permitted by right and
approved conditional uses may be substituted for nonconforming
uses or structures.
(4) Enlargement of Nonconformance
Enlargement of nonconforming uses is prohibited.
(5) Restoration of Damaged Property
If a nonconforming use is damaged or destroyed to an extent of
more than sixty per cent (60 %) of its fair market value by a fire,
explosion, act of God, or other means, then any restoration must
be for a permitted use.
111.3 Termination of Nonconforming Use
The right to use a parcel of land or a structure in a nonconforming
manner must terminate under any of the following circumstances:
(1) When the use is abandoned.
(2) When any provision of this or any other code is violated with
respect to a nonconforming use.
(3) When a nonconforming use is changed to a conforming use by means
of an amendment to the zoning text or map.
(4) When the structure in which a nonconforming use is housed,
operated or maintained is damaged to the extent of more than sixty
per cent (60 %) of its value.
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112. APPEAL AND HARDSHIP RELIEF PROCEDURES
112.1 Types of Appeals
Appeals may be taken by any person aggrieved, or by any officer,
department, board or bureau of the City affected by any decision under
this Code where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the
enforcement of any Development Code provision.
(1) A hardship may exist which necessitates the granting of relief
where the strict application of one or more requirements of this
Code would render a parcel incapable of reasonable economic use.
Specified provisions set forth in this Code may be waived or
varied where, because of the particular physical surroundings,
shape or topographical condition of the property, compliance would
result in a particular hardship upon the owner. A hardship is
distinguished from a mere inconvenience or a desire to make more
money. The application for hardship relief shall provide facts
and evidence sufficient to enable the Commission or Board to make
findings in compliance with the criteria set forth in this
section, and to avoid conflict with the Comprehensive Plan.
(2) Unless otherwise authorized by this Code, all requests for
hardship relief shall be the responsibility of the Board of
Adjustment; provided, however, that variance requests pertaining
to the division of land shall be the responsibility of the
Planning and Zoning Commission. The Planning and Zoning
Commission and the Board of Adjustment shall follow the procedures
established in this section and section 113 for public notice of
such proceedings.
(3) An appeal or request for hardship relief may be made by filing a
notice of appeal with the City within ten working days of the
6ecision. The notice of appeal shall indicate the nature of the
interpretation that is being nppemled. The matter at issue will be
a determination of the appropriateness of the interpretation of
the requirements of the Code. The appealing party (applicant)
assumes the responsibility of all required notification procedures
(see section 113).
(4) An appeal shall stay all proceedings in furtherance of the action
appealed unless the officer from whom the appeal is taken
certifies in writing to the City after the notice of appeal shall
have been filed with him, that by reason of the facts stated in •
the certificate, a stay would, in his opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the City or by a court of record on application of notice to
the officer from whom the appeal is taken and on due cause shown.
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(5)
The City shall fix a reasonable time for the hearing of the
appeal, give public notice as established in section 113, and
decide the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
112.2 Authority
(1) Final determination of relief is vested in the Planning and
Zoning Commission or Board of Adjustment (as appropriate) which
shall:
(a) hear and decide appeals; and
(b) authorize hardship relief from the terms of the Code.
(2) In exercising their powers the Planning and Zoning Commission or
the Board of Adjustment may, in conformity with the provisions of
this Code or referenced codes, reverse or affirm, wholly or
partly, or modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end
shall have all the powers of the officer from whom the appeal is
taken.
(3) Hardship relief from the terms of this Code may be granted, only
upon written findings by the City that all of the following are
met:
(a) Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or
buildings.
(b) The special conditions and circumstances do not result from
the actions of the applicant, nor could the condition or
circumstances be corrected or avoided by the applicant.
(c) The relief granted is the minimum degree of relief necessary
to make possible the reasonable use of the land, building,
or structure in compliance with all other applicable
regulations.
(d) Literal interpretation of the provisions of the Code would
deprive the applicant of rights commonly enjoyed by other
properties under the terms of this Code and would work
unnecessary and undue hardship on the applicant.
(e) The grant of the relief will not violate the general intent
and purpose of this Code nor policies of the Comprehensive
Plan.
(f) The grant of relief will not create unsafe conditions nor
other detriments to the public welfare beyond the effects of
development otherwise allowed.
(4) In granting any hardship relief, appropriate conditions and
safeguards may be prescribed in conformity with this Code.
Violation of the terms of such conditions and safeguards, when
made a part of the term of the development permits or final plat
shall be deemed a violation of this Code.
112.3 General Rules
(1) The concurring vote of four members of the Board or a majority of
those present, in the case of the Commission, shall be necessary
to reverse any order, requirement, decision, or determination of
any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under
this Code, or to effect any variation in this Code.
(2) Any person or persons, jointly or severally, aggrieved by any
decision of the City, or any taxpayer, or any officer, department,
board or bureau of the City, may present to a court of record a
petition, duly verified, setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the district
court of Walker County within ten (10) days after the filing of
the decision in the office of the Board.
(3)
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the City to review such decision and
shall prescribe the time within which a return must be made and
served upon the petitioner's attorney, which shall not be less
than ten (10) days and may be extended by the court. The
allowance of the writ shall not stay proceedings upon the decision
being appealed, but the court may, upon application, notice to the
City, and due cause, grant a restraining order.
(4) The City shall not be required to return the original papers acted
upon by it. It shall be sufficient to return certified or sworn
copies of the papers or of such portions as may be called for by
such writ. The City shall also provide such other facts as may be
pertinent and material to show the grounds for the decision which
is being appealed.
(5)
If, during the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a referee to take such evidence as
it may direct and report the same to the court with the findings
of fact and conclusions of law, which shall constitute a part of
the proceedings upon which the determination of the court shall be
made. The court may reverse or affirm, wholly or partly, or may
modify the decision brought up for review.
(6) Costs shall not be allowed against the City unless it shall appear
to the court that it acted with gross negligence, or in bad faith,
or with malice in making the decision being appealed.
(7) All issues in any proceedings under this section shall have
preference over all civil actions and proceedings.
113. PUBLIC NOTICE PROCEDURE
The purpose of this section is to establish the minimum requirements for
notice to be given with respect to procedural actions required elsewhere in
this Code and amendments to the Zoning District Map.
113.1 Notice of Public Hearing
Notice of a public hearing by the City shall be given as established
below. Notice shall be required for amendment to the Official Zoning
Map, appeals for modifications or variance in the Code or as required
elsewhere in this Code. Where the public hearing is at the request of a
private individual or developer (applicant), the applicant shall cause
the provisions of this section to be implmmented. Where the public
hearing is initiated by the City, the City shall assume the
responsibility of insuring that the provisions of this section are
implemented.
(1) Notice shall be given by publication of a legal notice in a
newspaper of general circulation at least fifteen (15) days prior
to the date of the hearing; provided, however, that variances
related solely to subdivision platting shall not be required to
publish a legal notice.
(2) Adequate notice of the public hearing shall be provided to
adjacent property owners. Notice of a public hearing shall be
reasonably calculated to give actual notice and shall consist of
the following:
(a) Mailed Notice
The applicant shall provide satisfactory evidence to the
City of mailing the required notice to the adjacent
property owners. Mailed notice shall be given at least 15
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days in advance of the scheduled public hearing. Unless
otherwise provided, addresses for a mailed notice required
by this Code shall be obtained by the applicant from the
City's property tax records. All property tax owners within
200 feet and all owners of residentially- designated property
within 500 feet shall be notified by mail. Unless the
address is on file with the City, a person whose name is not
in the tax records at the time of filing of an application,
or of initiating other action not based on an application,
need not be furnished mailed notice. The failure of a
property owner to receive notice shall not invalidate an
action if a good faith attempt was made to comply with the
requirements of this section.
The written notice shall contain the following information:
(1) The date, time, and place of the hearing.
(2) A description reasonably calculated to inform a person
of the location of the property for which a permit,
plat, or other action is pending, including but not
limited to use of a map or postal address and a
subdivision lot and block designation, a metes and
bounds description or the tax map designation of the
County Appraisal District.
(3) The sections of the Code that are pertinent to the
hearing procedure.
(4) That the written documents may be examined and written
comments accepted during normal business hours in the
office of the Planning Department at City Hall.
(b) Procedure for Posted Notice
At least ten (10) days prior to the date of the hearing, the
applicant shall cause to be placed on said land a sign or
signs indicating the type of relief sought or the proposed
change in status of the property and the day and time of
review. The signs shall be placed at not more than three
hundred (300) foot intervals across the property line
fronting on existing streets and must be clearly visible
from the street. Each sign shall be no greater than ten
(10) feet from the property line and shall be no smaller
than eighteen (18) inches by twenty -four (24) inches.
113.2 Notice Requirements Defined
Requirements for notice, posting, and publication contained in this
section shall be interpreted as established below.
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(1) Notice by certified or regular mail shall refer to the date of
deposit of such mail with the U.S. Post Office.
(2) Posting shall refer to the posting or equivalent display of at
least one (1) notice in a prominent, visible location on or near
the subject property.
(3) Publication shall refer to the date of publication of a legal
notice in the official newspaper of the City. One (1) publication
day shall be sufficient.
(4) Affected owners and other interested persons shall be determined
according to the current tax rolls of the City.
(5) Each notice, whether by mail, posting or publication, shall
include appropriate information pertaining to the general nature
of the decision to be made, identity of the applicant (where
applicable), the subject property (where applicable), the time and
place of the meeting or hearing, and the address and telephone
number of the office from which additional information may be
obtained.
113.3 Hearing Procedures
(1) A public hearing shall be held on the request for hardship relief
at the next available Commission or Board meeting after submittal
of the request.
(2)
The burden of proof for approving a hardship request, a variance,
or a zone redesignation is upon the applicant. The more drastic
the request or the greater the impact of the proposal on the area,
the greater is the burden upon the applicant. The proposal shall
be supported by proof that it conforms to the applicable elements
of the Comprehensive Plan and to applicable standards of this
Code.
114. CODES AND STANDARDS
114.1 Building Codes
Nothing in this code shall relieve the developer of the additional
responsibility of obtaining any other permits required by the City in
enforcing its rules and regulations. The City has adopted the following
documents related to building and construction (see Chapters 6, 7 and 8,
Huntsville Code of Ordinances for the latest additions and amendments to
these codes):
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(1) The Standard Building Code Southern Building Code Congress
International, Inc, (SBCC);
(2) The Standard Housing Code (SBCC);
(3) The Standard Excavation and Grading Code (SBCC);
(4) The Standard Swimming Pool Code (SBCC);
(5) The Standard Mechanical Code (SBCC);
(6) The Standard Gas Code (SBCC);
(7) The Standard Plumbing Code (SBCC);
(8) The National Electrical Code National Fire Protection Association
(NFPA); and
(9) The Standard Fire Prevention Code (SBCC).
114.2 Public Improvement Standards
The developer shall construct all public improvements according to this
code and the following manuals and specifications:
(1) CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS City of
Huntsville, Texas, 1982;
(2) STANDARD DRAWINGS FOR PUBLIC IMPROVEMENTS City of Huntsville,
Texas, 1982.
SECTION 2: The Development Code adopted by reference in Chapter 30 of the
Code of Ordinances of the City of Huntsville, Texas, is amended by
the repeal of Chapter 4. Development Districts, as it presently
exists and by the adoption of new Chapter 4. Development
Districts that shall read as follows:
CHAPTER 4. DEVELOPMENT DISTRICTS
401. ESTABLISHMENT OF DISTRICTS
The City of Huntsville, Texas is hereby divided into the following general
districts: Downtown, Management and Neighborhood Conservation. These
districts are described in more detail in section 402. Additionally, the
following overlay districts are created: Flood Hazard District and Airport
Hazard District. The development standards within these districts are
described in section 403.
401.1 Zoning District Map
The boundaries of the respective districts enumerated in this section
and section 402 are defined and established as depicted on the map
entitled "OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS" which is
an integral part of this Code. This mop, with all notations and
explanatory matter thereon, shall be published as part of this Code.
This Official Zoning Map shall be identified by the signature of the
Mayor, attested by the City Secretary, and bear the following: "This is
to certify that this is the Official Zoning Map of the City of
Huntsville, Texas adopted on the 5th day of June, 1900." If in
accordance with the provisions of the Code, changes are made in district
boundaries or other matter portrayed on the Official Zoning Map, such
changes shall be made on the Official Zoning Map after amendment has
been approved by the City Council together with an entry on the Official
Zoning Map as follows: "On (date), by official action of the City
Council of the City of Huntsville, the following change(s) were made:
(brief description with reference number of amending ordinance)."
One copy of the Official Zoning Map is to be maintained and kept
up-to-date in the office of the Secretary to the Planning and Zoning
Commission, accessible to the public and shall be the final authority as
to the current zoning status of properties in the city.
In the event that the Official Zoning Map becomes damaged, destroyed,
lost, obsolete or difficult to interpret because of the nature or number
of changes made thereto, the City Council may, by ordinance, adopt a new
official Zoning Map which shall supersede the prior Official Zoning Map.
The revised zoning map, shall be identified by the signature of the
Mayor, attested by the City Secretary and bear the seal of the City
under the following words: "This is to certify that this is the
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Official Zoning Map referred to in the Ordinance of the City of
Huntsville, adopted on (day) day of (month), (year), which replaces and
supersedes the Official Zoning Map which was adopted on the 5th day of
June, 1990."
401.2 Interpretation of District Boundaries
The following rules shall be used to determine the precise location of
any designated district boundary of the City:
(1) Boundaries shown or described as following or approximately
following the City Limits shall be construed as following such
limits.
(2) Boundaries shown or described as following or approximately
following streets shall be construed to follow the centerlines of
such streets.
(3)
Boundary lines shown or described as following or approximately
following platted lot lines or other property lines as shown on
plats filed for record in the office of the County Clerk shall be
construed as following such lines.
(4) Boundaries shown or described as following or approximately
following centerlines of streams, creeks, or other water courses
shall be construed as following the channel centerline of such
water courses and, in the event of a natural change in the
location of such streams, creeks, or other water courses, the
boundary line shall be construed as moving with the channel
centerline.
(5) Boundaries shown or described as separated from and parallel or
approximately parallel to, any of the features listed in
paragraphs (1) through (4) above shall be construed to be parallel
to such features and at such distances as are shown on the map.
401.3 Amendments to District Boundaries
(1) Authority to Amend
The City Council may, from time to time, on its own motion, or on
petition from a property owner, or on recommendation from the
Planning and Zoning Commission, amend the boundaries of the zoning
districts. Where an application for an amendment is submitted by
a private person, it shall be accompanied by a fee as established
by the duly adopted "Schedule of Fees".
(2) Planning and Zoning Commission Report Required
Prior to any action to amend the zoning district map, the Planning
and Zoning Commission shall review the proposal. The Commission
shall submit a report containing its conclusions and
recommendations to the City Council.
(3) Public Hearing Required Prior to Amendments
Ayjoint public hearing shall be held by the City Council and
Planning and Zoning Commission prior to approval or rejection of
the reported recommendations of the Commission. Notice of the
hearing shall be according to the procedures established in
section 113.
(4) Three - Fourths Majority Required
A three - fourths (3/4) majority vote by the City Council is
necessary to approve a zoning district map amendment where the
proposed amendment is opposed by twenty percent (205) or more of
the property owners whose lands are lying within two hundred (200)
feet of the site where the zoning classification change is sought.
(5) Zoning Amendment Reapplication Limitation
In order to insure the stability of land use within the City and
in an effort to promote and protect the quality of life for the
citizens of the City with respect to the use and enjoyment of
their respective property, no reapplication for a zoning district
map amendment will be accepted by the City within a period of
twelve (12) months from the date of the City Council's denial of
the initial application; provided, however, that upon receipt of
documented proof from the applicant that conditions have
substantially and materially changed since the initial submission
of the application, and upon further evidence that such changes
justify a rehearing of the matter, the City Council may waive the
mandatory holding period and accept a reapplication.
401.4 Designation of Annexed Property
Territory annexed to the City shall be designated in the management
district.
TABLE 4-1
ALLOWABLE USES
GENERAL SIC GROUP DISTRICTS
LAND USE DESCRIPTION MANAGEMENT DOWNTOWN NEIGHBORHOOD
CATEGORIES CONSERVATION
Residential
Single-Family
Multi-Family
Governmental
Public Utilities P P
Agriculture 01 - 09 P
Mining or Drilling 10 - 14 P
Construction 15 - 17 P P
Manufacturing 20 - 39 P P
Transportation 40 - 47 P P
Communications 48 P P
Electric, Gas
and Sanitary
Services 49
Wholesale Trade 50 - 51
Retail Trade 52 - 59
Finance, Insurance,
and Real Estate 60 - 67
Services 70 - 89
P
P Permitted or allowable Uses * Not included in Standard
Industrial Classification Code (SIC)
401.5 Land Use Standards
The Table 4-1: ALLOWABLE USES lists those land use categories allowable
in each district. Specific locational standards for individual lot types
are contained in Chapters 5 and 6 of this Code. Except as hereinafter
otherwise provided, no land or building shall be used, and no building,
structure or improvement shall be made, erected, constructed, moved,
altered, enlarged, or repaired, for any purpose or in any manner except
in accordance with the requirements established in the district in which
such land, building structure, or improvement is located, and in
accordance with the provisions of this code.
(1) Residential Uses
The development of any residential use shall be permitted only in
full compliance with the standards contained in Section 502 and
Table 4-1. Residential uses are subdivided into the following
categories: single-family residential and multi-family
residential. Single-family residential uses include single-family
detached and attached structures (see also Dwelling, Single-Family
in Chapter 15 of this Codw).
(2) Non-Residential Uses
All land uses not classified as residential are considered
non-residential in nature. Table 4-1 lists the non-residential
land uses according to major use category. Wherever possible, the
group descriptions in the Standard Industrial Classification
Manual (SIC) (1987) prepared by the Statistical Policy Division
for the United States Office of Management and Budget shall be
used to determine the classification of primary uses for
accomplishing the purposes of this Code. A copy of the SIC manual
shall be filed in the office of the Planning Department for
inspection during normal business hours.
401.6 Accessory Uses and Buildings
The following accessory uses are permitted in all Districts:
(1) An attached or detached private garage.
(2) Nonpaying guest houses or rooms for guests within an accessory
building, provided such facilities are used only for the
occasional and gratuitous housing of guests of the occupant of the
principal building and not for permanent occupancy by others as a
dwelling unit.
(3) Sheds or tool rooms.
(4) Children's playhouses.
4-5
(5) Vegetable or flower gardens.
(6) Garden houses.
(7) Private green houses.
(8) Private tennis courts.
(9) Private swimming pools.
(10) Servant's quarters and similar uses customarily accessory to a
residential use.
401.7 Home Occupatations
(1) Intent
It is the intent of this section to allow for and provide
standards for the establishment of a home occupation in a
neighborhood and to regulate the operation of a home occupation
so that the average neighbor will be unaware of its existence.
(2) Definition
Home occupation means an accessory occupational use conducted
entirely within a dwelling unit by the inhabitants thereof, which
is clearly incidental to the use of the structure for residential
purposes and does not change the residential character of the
site; and provided that no article is sold or offered for sale
except such as may be produced on the premises by members of the
immediate family. Clinics, doctor's offices, hospitals, insurance
offices, barber shops, beauty parlors, dress shops, millinery
shops, real estate offices, tearooms, tourist homes, animal
hospitals, kennels, among others and as examples only, shall not
be deemed to be home occupations.
(3) Standards
To operate a home occupation, the following standards shall be
met:
(a) the home occupation must be clearly incidental to the use of
the dwelling as a residence;
(b) no outdoor display or storage of materials, goods, supplies,
or equipment shall be allowed;
(c) there shall be no changes to the exterior of the building
nor any visible evidence or signs that the residence also
contains a home occupation;
(d) a home occupation shall not generate nuisances such as
traffic, on-street parking, noise, electrical interference,
or hazards;
(e) the maximum area devoted to a home occupation shall be 25
percent of the gross floor area of the dwelling unit.
401.8 Permit Required
A person commits an offense if he uses land for a purpose not permitted
in the district in which it is located.
402. Description of Districts
402.1 Management District (M)
The Management District is the principal district in the City. All land
not specifically designated within another district is designated as
part of the Management District. All land uses are allowed within the
district if they otherwise meet the standards of this Code.
402.2 Downtown District (0)
This district, also called the Fire District is intended as an area of
high intensity use on which a full range of public facilities are found.
The standards and high densities prescribed for the district are
designed to optimize utilization of in-place facilities. All Buildings
in existence prior to the effective date of this Code shall be exempted
from the off-street parking requirements as required in section 1301 of
this Code. All buildings constructed after the effective date of this
code shall meet the requirements of section 1301; provided, however,
that if the computed number of required off-street parking spaces is
less than ten (10) spaces, no off-street parking spaces need be
prpwided. The limits of the district are shown on the Official Zoning
District Map.
402.3 Neighborhood Conservation (NC)
There exits in certain parts of the city areas of residential
development which have been maintained exclusively for the purpose of
single-family residential dwellings. To conserve the character and
value of buildings and building sites existing in these areas and to
protect the integrity of the neighborhood, the Neighborhood Conservation
District is provided.
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Uses permitted by right are: one single-family residential dwelling
unit per lot (detached or attached dwellings), home occupations (see
section 105), parks, playgrounds, public recreation facilities and
community buildings, public service installations (utility and public
service facilities and uses, except for storage yards, transformer
stations and substations) and accessory uses as defined in Section
401,6. Permitted conditional uses are: churches, public schools and
golf courses (excluding miniature golf and commercial driving ranges).
403. Overlay Districts
403.1 Flood Hazard District
(1) Designation of F7mwdplain Hazard District
(a) The floodway-flood boundary and floodway maps prepared for
the City by the Federal Insurance Administration to be
effective February 4, 1981, are hereby adopted. Copies of
said maps shall be available in the offices of the Planning
Department.
(b) A person commits an offense if he makes any change to
improved or unimproved real estate (including but not
limited to buildings, structures, dredging, filling,
grading, paving or excavation) within the floodplain without
a development permit (reclamation of land) from the City
(see section 106 of this code).
(2) General Standards for Flood Hazard Reduction
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
(a) All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
(b) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(c) All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
(d) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding;
(e) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(f) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system and discharge from the systems into
flood waters; and,
(g) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(3) Specific Standards
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in 403,1 (1)(a), 403.1 (8)(h),
or 403.1 (1)(4)(d), the following provisions are required:
(a) Residential Construction
New construction and substantial improvement of any
residential structure shall have the lowest floor (including
basement), elevated to or above the base flood elevation. A
registered professional engineer, architect, or land
surveyor shall submit a certification to the City prior to
receiving a development permit that the standard of this
subsection (403.1 (9)(a)) is satisfied.
(b) Nonresidential Construction
New construction and substantial improvements of any
commercial, industrial or other nonresidential structure
shall either have the lowest floor (including basement)
elevated to or above the base flood level or, together with
attendant utility and sanitary facilities, be designed so
that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water
and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction, and shall
certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined
in this yubsection. A record of such certification which
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includes the specific elevation (in relation to mean sea
level) to which such structures are floodproofed shall be
maintained by the City as part of the permanent development
permit file.
(c) Enclosures
New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered
professional engineer or architect or meet or exceed the
following minimum criteria:
(1) A minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one
(1) foot above grade.
(3) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
(d) Manufactured Homes
(1) All manufactured homes to be placed within Zone A,
shall be installed using methods and practices which
minimize flood damage. For the purpose of this
requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are
not limited to, use of over - the -top or frame ties to
ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for
resisting wind forces.
(2) All manufactured homes shall be in compliance with
403.1 (3)(a) (first floor elevation above flood
level).
(3) All manufactured homes to be placed or substantially
improved within Zones A1-30, AH and AE on the City °s
FIRM shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at
or above the base flood elevation; and be securely
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anchored to an adequately anchored foundation system
in accordance with the provisions of section 403.1
(3)/d)(1).
(4) A person commits an offense if he places any
manufactured home in the regulatory floodway in other
than an existing manufactured home park or
manufactured home subdivision.
(4) Standards for Subdivision Proposals
(a) All subdivision proposals including manufactured home parks
and subdivisions shall be consistent with the provisions of
section 104 (permit required).
(b) The developer of subdivisions including manufactured home
parks and subdivisions shall obtain a development permit
(see section 104 of this code) prior to final platting.
(c) Base flood elevation data shall be generated for subdivision
proposals and other proposed development including
manufactured home parks and subdivisions which are greater
than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to section 403.1 (1)(a), section
403.1 (8)(h) or elsewhere in this Code.
(d) All subdivision proposals including manufactured home parks
and subdivisions shall have adequate drainage provided to
reduce exposure to flood hazards.
(e) All subdivision proposals including manufactured home parks
and subdivisions shall have public utilities and facilities
(sewer, gas, electrical and water systems) located and
constructed to minimize or eliminate flood damage.
(5) Standards For Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in
section 403.1 (1)(a), are areas designated as shallow flooding.
These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
(a) All new construction and substantial improvements of
residential structures shall have the lowest floor
(including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet
on the city°s FIRM (at least two feet if no depth number is
specified).
(b) All new construction and substantial improvements of
nonresidential structures:
(1) shall have the lowest floor (including basement)
elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the
city°s FIRM (at least two feet if no depth number is
specified), or;
(2) together with attendant utility and sanitary
facilities be designed so that below the base flood
level the structure is watertight with walls
substantially impermeable to the passage of water and
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
(c) A registered professional engineer or architect shall submit
a certification to the City which shall become part of the
permanent development permit file that the standards of
section 106.3, are satisfied.
(d) Within Zones AH or AO the developer shall provide adequate
drainage paths around structures on slopes, to guide flood
waters around and away from proposed structures.
(6) Floodways
Floodways are located within areas of special flood hazard
established in 403.1 (1)(a). Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following
provisions shall apply:
(a) Encroachments are prohibited, including fill, new
construction, substantial improvements and other development
unless certification by a professional registered engineer
or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels within the
city during the occurrence of the base flood discharge.
(b) Where section 403,1 (6)(m) above is satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of sections
403.1 (2) and 403.1(3)
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(7) Designation Of The Floodplain Administrator
The City Engineer is hereby appointed the Floodplain Administrator
to administer and implement the provisions of this ordinance and
other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to flood plain management.
(8) Duties & Responsibilities Of The Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to, the following:
(a) Maintain and hold open for public inspection all records
pertaining to the provisions of this section.
(b) Review permit applications to determine whether proposed
building sites will be reasonably safe from flooding.
(c) Review, approve or deny all applications for development
permits required by adoption of this section.
(d) Review permits for proposed development to assure that all
necessary permits have been obtained from those Federal,
State or local governmental agencies (including Section 404
of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1334) from which prior approval is required.
(e) Determine the flood hazard boundary line where
interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions).
(f) Notify, in riverine situations, adjacent communities and the
State Coordinating Agency which is the Texas Water
Commission, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(g)
Assure that the flood carrying capacity within the altered
or relocated portion of any watercourse is maintained.
(h) Obtain, review and reasonably utilize any base flood
elevation data and floodway data available from a Federal,
State or other source, in order to administer the provisions
of the section when base flood elevation data has not been
provided in accordance with section 403.1 (1)(a).
(i) Require that no new construction, substantial improvements,
or other development (including fill) shall be permitted
within Zones A1-30 and AE on the City °s FIRM, when a
regulatory floodway has not been designated, unless it is
demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and
anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point
within the community.
(9) Variance Procedures
A developer may appeal the decision of the City when it is alleged
there has been an error in any requirement, decision or
determination in the enforcement or administration of the
floodplain hazard district regulations. The procedure for an
appeal shall be according to the hardship relief procedures
contained in section 103 of this code.
Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result. Prerequisites for granting variances are:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(b) Variances shall only be issued upon, (1) showing a good and
sufficient cause; (2) a determination that failure to grant
the variance would result in exceptional hardship to the
applicant; and (3) a determination that the granting of a
variance will not result in increased flood heights,
additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or
ordinances.
(c) Any application to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
Variances may be granted by the City for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that (1) the
criteria outlined in sections 103 and 403.1 (9) are met, and (2)
the structure or other development is protected by methods that
minimize flood damages during the base flood and create no
additional threats to public safety.
403.2 Airport Hazard District
(1) Airport Zones
In order to carry out the provisions of this section, there are
hereby created and established certain zones which include all of
the land lying within the approach zones, transitional zones,
horizontal zones and conical zones as they apply to the airport.
Such zones are shown on the Huntsville Municipal Airport Hazard
Zoning Map and dated June 10, 1976, which is hereby adopted and
made a part of this code. An area located in more than one of the
following zones in considered to be only in the zone with the more
restrictive height limitation.
The various zones are hereby established and defined as follows:
(a) Approach Zone
The "runway larger than utility with a visibility minimum
greater than three - fourths (3/4) mile nonprecision
instrument approach zone" called Approach Zone. The inner
edge of this approach zone coincides with the width of the
primary surface (runway) and is five hundred (500) feet
wide. The approach zone expands outward uniformly to a
width of three thousand five hundred (3,500) feet at a
horizontal distance of ten thousand (10,000) feet from the
primary surface, its centerline being the continuation of
the centerline of the runway.
(b) Transitional zones.
These zones are established as the area beneath the
transitional surfaces. These surfaces extend outward and
upward at ninety- degree angles to the runway centerline, and
the runway centerline extends at a slope of seven (7) feet
horizontally for each foot vertically from the sides of the
primary approach surfaces to where they intersect the
horizontal surface.
(c) Horizontal zone.
The horizontal zone is established by swinging arcs of ten
thousand (10,000) feet radii from the center of each end of
the primary surface of each runway, and connecting to the
adjacent arcs by drawing lines tangent to those arcs. The
horizontal zone does not include the approach and
transitional zones.
(d) Conical zone.
The conical zone is hereby established as the area that
commences at the periphery of the horizontal zone and
extends outward there from a horizontal distance of four
thousand (4,000) feet.
(2) Airport Zone Height Limitations
Except as otherwise provided, no structure or tree shall be
erected, altered, allowed to grow or be maintained in any zone
within the Airport Hazard District created to a height in excess
of the applicable height limit established for such zone. Where
an area is covered by more than one height limitation the more
restrictive height shall prevail. Such applicable height
limitations are:
(a) Approach Zone
Slopes upward thirty -four (34) feet horizontally for each
foot vertically beginning at the end of and at the same
elevation as the primary surface and extending to a
horizontal distance of ten thousand (10,000) feet along the
extended runway centerline.
(b) Transitional Zone
Slopes upward and outward seven (7) feet horizontally for
each foot vertically beginning at the sides of and at the
same elevation as the primary surface and the approach
zones, and extending to a height of one hundred fifty (150)
feet above the airport elevation (363 feet above mean sea
level). Additionally, there are established height limits
sloping upward and outward (7) feet horizontally for each
foot vertically beginning at the side of and at the same
elevation as the approach zones, and extending to where they
intersect the horizontal or conical surface.
(c) Horizontal Zone
One hundred and fifty (150) feet above the airport elevation
or a height of five hundred and thirteen (513) feet above
mean sea level.
(d) Conical Zone
Slopes upward and outward twenty (20) feet horizontally for
each foot vertically beginning at the periphery of the
horizontal zone and at one hundred and fifty (150) feet
above the airport elevation and extending to a height of
three hundred and fifty (350) feet above the airport
elevation.
(3) Use Restrictions
Notwithstanding any other provisions of this section, no use may
be made of land or water within any airport hazard zone
established by this Code in such a manner as to create electrical
interference with navigational signals or radio communications
between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and other, result in glare in
the eyes of pilots using the airport, impair visibility in the
vicinity of the airport, or otherwise in any way create a hazard
or endanger the landing, takeoff or maneuvering of aircraft
intending to use the airpprt.
(4) Nonconforming Uses
(a) Regulation Not Retroactive
The regulations prescribed by this code shall not be
construed to require the removal, lowering or other changes
or alterations of any structure or tree not conforming to
the regulations as of October 15, 1978,
(b) Marking and lighting
The owner of any existing nonconforming structure or tree is
hereby required to permit the installation, operation and
maintenance of such markers and lights as shall be deemed
necessary by the City to indicate to the operators of
aircraft in the vicinity of the airport, the presence of
such airport hazards. Such markers and lights shall be
installed, operated and maintained at the expense of the
City.
(5) Permits
(a) Future uses
No material change shall be made in the use of the land, and
no structure or tree shall be erected, altered, planted or
otherwise established in any airport hazard district zone
hereby created unless a permit has been applied for and
granted by the City.
(1) However, a permit for a tree or structure of less than
seventy-five (75) feet of vertical height above the
ground shall not be required in the horizontal and
conical zones or in any approach and transitional
zones beyond a horizontal distance of four thousand
two hundred (4,200) feet from each end of the runway
except when such tree or structure, because of the
terrain, land contour or topographic feature, would
extend above the height limit prescribed for the
respective zone.
(2) Each application for a permit shall indicate the
purpose for which the permit is desired with
sufficient particulars to determine whether the
resulting use, structure or tree would conform to the
regulations herein prescrihed. If such determination
is in the affirmative, the permit shall be granted.
(b) Existing uses
No permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a
nonconforming use, structure or tree to become a greater
hazard to air navigation than it was on October 15, 1976,
(c) Hazard marking and lighting
Any permit or variance granted may, if such action is deemed
advisable to effectuate the purpose of this code and to be
reasonable in the circumstances, be so conditioned as to
require the owner of the structure or tree in question to
permit the City, at its own expense, to install, operate and
indicate to pilots the presence of an airport hazard.
SECTION 3: The Development Code adopted by reference in Chapter 30 of the
Code of Ordinances of the City of Huntsville, Texas, is amended by
the addition to the Schedule of Fees (appendix one) the following
fees:
Application for Amendment to District Boundary - $0.00
Application for Conditional Use Permit - $0.00
Application for Nonconforming Use Permit - $0.00
SECTION 4: The Development Code adopted by reference in Chapter 30 of the
Code of Ordinances of the City of Huntsville, Texas, is amended by
the addition of a new Chapter 16. Miscellaneous Provisions that
shall read as follows:
CHAPTER 16. MISCELLANEOUS PROVISIONS
1601. PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER OTHER
EXISTING ORDINANCES
This ordinance shall not be construed or held to repeal a former ordinance,
whether such former ordinance is expressly repealed or not, as to any offense
committed against such former ordinance or as to any act done, any penalty,
forfeiture, or punishment so incurred or any right accrued or claim arising
before this act takes effect, save only that the proceedings thereafter shall
conform to the code in force at the time of the proceedings, so far as
prmcticable. This section extends to all repeals, either by express words or
implfcmtion. Nothing in this section, or any section of this code, shall be
construed as abating any action now pending under or by virtue of any
ordinance of the City herein repealed; or as discontinuing, abating,
modifying, or altering any penalty accrued or to accrue, or as affecting the
liability of any person, firm or corporation, or as waiving any right of the
City under any code in force at the time of passage of this code.
1602. PENALTY FOR VIOLATIONS
Any person or corporation violating any of the provisions of this Code shall,
upon conviction, be fined any sum not exceeding one thousand dollars
($1,000.80) for each and every day that the provisions of the Code are
violated and each violation shall constitute a separate and distinct offense.
In addition to the said penalty provided for, the right is hereby conferred
and extended upon any property owner owning property in any district, where
such property owner may be affected or invaded, by a violation of the terms of
the Code, to bring suit in such court or courts having jurisdiction thereof
and obtain such remedies as may be available by law and equity in the
protection of the rights of such property owners.
1603. VALIDITY OR SAVINGS CLAUSE
Each section and each provision or requirement of any section of this code
shall be considered separable, and invalidity of any portion of this code
shall not affect the validity or the enforceability of any other portion.
SECTION 6: The City Secretary is hereby directed to cause the caption of this
Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the
date of final passage.
PASSED AND APPROVED this 5th day of June, 1990.
THE CITY F HUNTSVILLE, TEXAS
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