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ORD 1997-34 - Establish Landmark Districts 11-25-1997ORDINANCE NO. 97 -34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING LANDMARK DISTRICTS; PROHIBITING TOWERS WITHIN SEVEN THOUSAND FEET (7000') OF THE SAM HOUSTON STATUE - HUNTSVILLE VISITOR CENTER; PROHIBITING OFF PREMISE BILLBOARDS AND SIGNS WITHIN SEVEN THOUSAND FEET (7000') OF THE SAM HOUSTON STATUE - HUNTSVILLE VISITOR CENTER; ESTABLISHING A PENALTY OF $500 PER DAY; REQUIRING THE PUBLICATION OF THIS ORDINANCE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO WHEREAS The Development Code of the City of Huntsville, Texas, generally regulates signs within the City; and WHEREAS The City desires to protect the scenic vistas associated with the Sam Houston Statue - Huntsville Visitor Center; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 4 of the Development Code of the City of Huntsville, Texas, is amended by changing section 401 Establishment of Districts, and by the addition of a new section 403.3 Landmark District, that shall read as follows: 401. Establishment of Districts. City Council divides the City of Huntsville into the following general districts: Downtown, Management and Neighborhood Conservation. Additionally, City Council creates the following overlay districts: Flood Hazard District and Airport Hazard District, and Landmark District. 403.3. Landmark District. A. For the purpose of protection, preservation, enhancement, perpetuation, and use of landmarks, there is created landmark districts. B. A landmark district is an area that has special, historical or aesthetic interest and is designated as a landmark district pursuant to this chapter. SECTION 2: Chapter 5 of the Development Code of the City of Huntsville, Texas, is amended by changing section 503.4 Television, Radio and Microwave Tower Telecommunication Equipment to read as follows: 503.4 Television, radio and microwave tower telecommunication equipment The developer shall construct a transmission tower /antenna and accessory facilities according to the following standards: 1) The tower base shall beset back from adjacent lots or public property or streets by a distance equal to a minimum forty (40) percent of the tower height or the distance between the tower base and guy wire anchors, whichever is greater; and 2) Additionally, guy wire anchors shall beset back ten (10) feet from adjacent lots and twenty-five (25) feet from public property or streets; and 3) The site perimeter shall be landscaped according to the standards provided in Bufferyard D of Figure 12-1 of this Code. 4) No tower shall be erected within seven thousand feet (7000') of the Sam Houston Statue - Huntsville Visitor Center. SECTION 3: Chapter 11 of the Development Code of the City of Huntsville, Texas, Is amended by changing section 1106.1 General Location to read as follows: 1106.1 General location 1) A person commits an offense if he erects, constructs or establishes an off -premise sign not visible from one or more of the following major thoroughfares: a) Highway 75 b) Highway 30 c) Interstate 45 d) Highway 19 (East Loop) e) Highway 190 2) An off-premise sign may be erected only within eight hundred (800) feet of at least two adjacent recognized commercial or industrial activities, which are on the same side of the highway as the sign. 3) No off-premise sign may be erected within five hundred (500) feet of any structure in which one or more human beings reside or which Is designed for human habitation; provided, however, that this prohibition shall not apply to hotels, motels, or recreational vehicle parks which provide overnight accommodations only. 4) All off-premise signs, other than those subject to regulation under the provisions of the Texas Litter Abatement Act and Texas Highway Beautification Act (TEX.REV.CIV.STAT. Art. 4477-9a) Including all amendments) or under the Federal Highway Beautification Act (23 USCA Section 131 et sea), shall be subject to the following spacing requirements from other than off-premise signs on the same side of the public right-of-way. a) No off-premise sign having a face area up to three hundred (300) square feet shall be located within five hundred (500) feet of another off-premise sign or on-premise sign on the same side of the public right-of-way. b) In computing the distance between off-premise signs, all measurements shall be made parallel to the edge of the street, and on the same side of the street. c) These general location requirements shall apply to all classifications of signs, types of signs and special function signs, and all other signs used as off-premise signs, including portable signs. 5) No off-premise sign may be erected within seven thousand feet (7000') of the Sam Houston Statue - Huntsville Visitor Center. SECTION 4: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred ($500.00) dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code § 53.001 and § 54.001. SECTION 5: 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 6: 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 7: This ordinance shall take effect ten (10) days 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. Texas Local Government Code § 52.013. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 1997. 4 EST: Danna Welter, City Secretary THE CITY OF HUNTSVILLE by William B. Green, Mayor -------------- Sam Houston Statue Park 'OUSTON STATUE HU 1 10, NTSVILLE CENTER /3ct- I/