ORD 1983-26 - Building Code ChangesORDINANCE NO. 83 -26
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; ALTERING SETBACK REQUIRENENTS FOR
BUILDINGS AND STRUCTURES ERECTED OR LOCATED ON SITES
WITHIN THE CITY; PROVIDING A PENALTY OF UP '10 $200.00 A
DAY FOR CERTAIN VIOLATIONS; PROVIDING REPEALING AND
SAVINGS PROVISIONS; 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 hereby amended by the
repeal of Article VI, Setback Requirements, as presently constituted
and by the adoption of a new Article VI that shall read as follows:
ARTICLE VI. SETBACK REQUIRE4ENTS*
Sec. 6 -60. Setbacks required.
(a) No building permit shall be issued for the
construction, erection or installation of a building or
structure between the setback and property line as
established by TABLE 6 -1.
*Cross - reference -- Subdivisions, Sec. 30 -10 et seq.
TABLE 6 -1
LOT SETBACK CRITERIA(1)
LOT MINIMUM MINIMUM MINIMUM MINIMUM
TYPE FRONT SIDE SIDE STREET REAR
SETBACK SETBACK SETBACK SETBACK
(IN ]iitT) (IN Flia ') (IN iii!P) (IN r•ma)
Agricultural 25 10 15 10
Estate 50 25 25 25
Urban Residential 25 10 15 10
Duplex /Apartment 25 10 15 10
Lot Line 25/20(2) 10(2) 15 10
Townhouse 25/10(2) 0(2) 15 10
Mobile Home I 25 10 15 10
Mobile Hane II 25 10 15 10
Commercial 25 10 15 10
Industrial 25 10 15 10
(1)For lots 60' or wider.
(2)See also Subdivision Design Standards.
(b) For lots created prior to June 27, 1972, which are
less than sixty (60) feet in width, the side setback shall
be a minimum of ten (10) percent of the lot width; provided,
however, no side setback shall be less than five (5) feet.
(c) For single- family residential construction only:
The setbacks shall be measured from the exterior building or
structure wall to the property line or easement line. All
roof overhangs or other attachments to the structure shall
not extend more than two (2) feet into the setback area.
(d) For construction other than single - family
residential: No portion of, or attachment to, the building
or structure shall extend into the setback area.
(e) The provisions of subsection (a) of this section
shall not apply to any remodeling or additions to an
existing building or structure; provided, however, that such
remodeling, or additions to, does not exceed fifty (50) per
cent of the ground floor area of the building, that the
building is not extended any closer to the street or street
right -of -way than the existing building, and that the
building is not extended any closer than within ten (10)
feet of the street or street right -of -way.
(f) Front setback means the building line adjacent to
the front of a lot:
(1) For commercial sites, the front of the lot is that side
adjacent the highest volume street;
(2) For residential sites, the front of the lot is that
side adjacent the lowest volume street; and
(3) For any site adjacent to two (2) or more streets of
equal volume, the front side of the property is the
side which the principle access to the residences or
development faces. Where a development has more than
one principle access facing more than one property
line, the front side shall be the longest side.
Sec. 6 -61. Downtown area.
The provisions of the preceding sections of this
article shall not apply to the fire district.
Section 2: Any person, firm, or corporation violating any provisions
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 Dollars ($200.00) 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 or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
Section 3: 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 4: 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 5: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten days. This
ordinance shall take effect ten (10) days after the date of such
publication.
PASSED UNANIMOUSLY FIRST READING thisded9/4Pday of 1983.
PASSED SECOND READING this day of 1983.
APPROVED thisoe424day of Juy , 1983.
THE CITY OF HUNTSVITLE
APPROVED AS TO FORM:
St,
Scott Bounds, City Attorney
iam V. Nash, Mayor