ORD 1983-09 - Landscape AmendmentORDINANCE NO. 83 -9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE TO PROVIDE
LANDSCAPING REQUIREMENTS FOR ADDITIONS TO EXISTING STRUCTURES
AND BUILDING SITES; PROVIDING A PENALTY OF UP TO $200;
PROVIDING SAVINGS AND REPEALING CLAUSES; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
Section 1: Chapter 6, Buildings and Building Regulations, of the Code
of Ordinances of the City of Huntsville, Texas, is amended by the repeal
of Section 6 -51, Landscaping Required, as it presently exists and by the
adoption of a new Section 6 -51 that shall read:
Section 6 -51. Landscaping Required.
(a) If a building or structure is erected, no building permit or
certificate of occupancy shall be issued unless a minimum of ten per
cent (10 %) of the building site not covered by a building or structure
is devoted to landscape development.
(b) If on building sites of one (1) acre or more a building or
structure is erected, no building permit or certificate of occupancy
shall be issued unless at least eighteen (18) diameter inches of trees
are provided per acre.
(c) If a building or development constructed prior to August 18, 1981
is enlarged, no building permit or certificate of occupancy shall be
issued for such expansion unless the building site is landscaped. the
building site shall be landscaped in accordance with subsections (a) and
(b) above; provided, however, such landscaping need not exceed the
percentage increase in gross building area on said site.
Gross Building Area New ratio of landscape required
Gross Building Area New and Existing = to that required if building
were all new
(d) Subsection (c) shall not be construed to reduce landscape
requirements for any building or building site landscaped after August
18, 1981. The area of any building site devoted to landscaping and
required under subsection (a) and (b) shall not be reduced by any
building expansion or development.
(e) Nothing in this section shall be construed to require an owner that
expands a building to landscape more than 10% of the building site not
covered by a building or structure.
Section 2: A person commits an offense if he commences any work on a
building or structure before obtaining a building permit.
Section 3. Any person, firm or corporation violating any provision of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up to
two hundred ($200) dollars upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this Ordinance or non - compliance with any requirement of this
Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance shall each constitute a
distinct and separate offense.
Section 4. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect any of the
remaining provisions of this Ordinance.
Section 5. All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this Ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 6. The City Secretary is hereby directed to cause the caption
of this Ordinance to be published at least one time within twenty days.
The penal provisions of this Ordinance shall take effect ten days after
the date of such publication. All other provisions of this Ordinance
shall take effect immediately.
PASSED UNANIMOUSLY FIRST READING THIS22ndday of February , 1983.
PASSED UNANIMOUSLY SECOND READING THIS day of , 1983.
APPROVED THIS 22ndday of February , 1983.
THE CITY OF HUNTSVILLE
BY
William V. Nash, Mayor
APPROVED AS TO FORM:
Scott Bounds, City Attorney