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