ORD 2009-12 - Amend Code of Ordinances Title 32 Community Development 01-06-2009ORDINANCE 2009 -12
AN ORDINANCE AMENDING TITLE 32 COMMUNITY DEVELOPMENT OF
THE HUNTSVILLE, TEXAS MUNICIPAL CODE TO INCLUDE PROVISIONS
FOR BUILDING SETBACK LINE REQUIREMENTS, CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code.
WHEREAS, the City of Huntsville finds it necessary to improve the pre -
construction and site layout processes.
WHEREAS, the City of Huntsville wishes to minimize costly errors for
property owners and contractors during the construction and permitting process.
WHEREAS, the Planning and Zoning Commission of the City of
Huntsville at their meeting on December 1, 2008 voted to recommend approval
of the proposed changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
I. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and
factual findings of the City of Huntsville, Texas, and are hereby approved and
incorporated into the body of this ordinance as if copied in their entirety.
II. AMENDMENT
Chapter 5 Lot Standards, Section 501.3 Setbacks, of the City of Huntsville,
Texas, Code of Ordinances shall be amended as follows:
Section 501.3 Setbacks
All lots shall have building setback lines established according to Table 5 -1.
(1) Measurement
The Building Official shall measure setback lines from the property line of the lot
to the nearest part of a building or structure; provided, however, that where
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water, sanitary sewer or storm water drainage easements exist or are proposed
and are not next to streets, setbacks shall be measured from the interior easement
line.
(2) Allowed encroachments
The provisions of Section 501.3 shall not apply to the following encroachments:
(a) Driveways, walks, steps for negotiating ground slopes, retaining walls,
hedges and natural growth, fences, paved patios and other paved
structures used ornamentally, for gardening, or for private recreation
purposes; provided, however, no exception is provided by this section
for any structure or feature that would conflict with the sight triangle.
See Section 604.3.
(b) Uncovered porches, steps to building entrances, openwork fire
balconies and fire escapes; provided, however, such structures or
features are five (5) feet or more from any property line and ten (10)
feet or more from any side street or front property line
(c) Eave and roof extensions may project into the required front, side or
rear yard setback for a distance not to exceed 24 inches. Ordinary
projections of windowsills, belt courses, cornices, and other
architectural features may project into the required setback for a
distance not to exceed one foot.
(3) Violation by manufactured homes, mobile homes
A person violates this Code and commits an offense if he /she places or allows to
be placed any manufactured home or mobile home on any lot within the City in
violation of the building setback lines established by this Section.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this
Ordinance becomes effective which are inconsistent or in conflict with the terms
and provisions contained in this Ordinance are hereby repealed only to the
extent of any such conflict.
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IV. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance be severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences or sections of this ordinance, and the
remainder of this Ordinance shall be enforced as written.
V. EFFECTIVE DATE
This Ordinance shall take effect ten (10) after its passage by the City Council.
The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public and that public notice of the time,
place and purpose of said meeting was given as required by the Open Meetings
Act, Chapter 551 of the Texas Government Code. Notice was also provided as
required by Chapter 1 of the City of Huntsville Development Code.
READ, PASSED, AND ADOPTED THIS 6TH DAY OF JANUARY 2009.
ATTEST:
City Secretary
APPROVED AS TO FORM:
4k"a6LW City Attorney
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