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ORD 1990-09 - Zoning Regulations & Commission, District Map, Board of Adjustment 06-05-1990ORDINANCE NO. 90 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENACTING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN; REGULATING WITHIN SUCH DISTRICTS THE USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; PROVIDING FOR CONDITIONAL USE PERMITS; ADOPTING AN OFFICIAL ZONING DISTRICT MAP; CREATING A PLANNING AND ZONING COMMISSION; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS; PROVIDING FOR A PENALTY OF UP TO $1,000.00 FOR EACH OFFENSE; AUTHORIZING PUBLICATION OF THE CAPTION OF THE ORDINANCE; AND PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS UNDER THE EXISTING ORDINANCE. WHEREAS by Ordinance 90 -3 the City Council of the City of Huntsville, Texas, appointed the Planning Commission to serve as the Zoning Commission; and WHEREAS the Planning and Zoning Commission has met to consider regulations, which in accordance with the City's Comprehensive Plan, would be designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety, convenience and general welfare be promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the Planning and Zoning Commission has studied and evaluated the proposals and recommendations prepared by City Staff; and WHEREAS the City Council and the Planning and Zoning Commission met in joint session for the purpose of a Public Hearing on the Preliminary Report to the City Council; and WHEREAS the Planning and Zoning Commission has considered the comments of the public presented at that public hearing and presented a final report to this Council recommending the adoption of a zoning ordinance; NOW THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas is amended by the repeal of Chapter 1. General Administration, as it presently exists and by the adoption of a new Chapter 1. General Administration that shall read as follows: CHAPTER 1. GENERAL ADMINISTRATION 100. TITLE This code shall be known as the Huntsville Development Code. This Code is adopted pursuant to the authority contained in chapters 211 and 212 of the Texas Local Government Code. 101. LEGISLATIVE INTENT This code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Code conflicts or overlaps other regulations, whichever imposes the more stringent restrictions shall prevail. 101.1 Interpretation In the interpretation and application of this Code, all provisions shall be: (1) Liberally construed in favor of the governing body; and (2) Deemed neither to limit nor repeal any other powers granted under state statutes. 101.2 Purpose (1) The purpose of this Code is the implementation of the Comprehensive Plan, specifically the goals, objectives and policies contained therein, and the protection of the health, safety, and general welfare of existing and future residents of the City. (2) This purpose is met by: (a) Providing the means of implementing the policies and provisions of the Comprehensive Plan. (b) Guiding the growth of the City, concentrating more intense development in areas with high development capability and limiting development in areas of low capability. (c) Guiding, through the establishment of performance standards, the type, distribution, and intensity of development. 101.3 Compliance All development or redevelopment shall comply fully with the provisions of this Code and the standards contained herein. Such compliance is a precondition for the issuance of any permits or approval of subdivision plats. 102. THE PLANNING AND ZONING COMMISSION 102.1 Creation, Appointments, Memberships (1) There shall be a City Planning and Zoning Commission consisting of seven (7) voting members appointed by the Mayor with approval of Council. Members shall be appointed during the month of October. Each member shall be a resident of the City. (2) The members of the Commission shall be identified by place numbers one (1) through (7). Places one (1), two (2) and three (3) shall be appointed initially for a term of a one year, places four (4) and five (5) shall be initially appointed for a term of two years, and places six (6) and (7) shall be initially appointed for a term of three years. Thereafter, all members shall be appointed for a term of three (3) years. (3) Should a vacancy occur, the Mayor, with approval of Council, shall appoint a person to complete the unexpired term of such position. 102.2 Meetings, Officers and Rules (1) The Commission shall hold at least one regular meeting per month. Special meetings may be held on call of the Chairperson or by a majority of the Commission qualified. (2) The Commission shall elect a Chairperson and Vice - Chairperson at the first regularly scheduled meeting after the October appointments who shall serve for a period of one year All members including the Chairperson shall vote in matters considered by the Commission. (3) The Director of Planning shall serve as ex officio nonvoting secretary of the Commission and shall keep minutes, books, files and other records of the Commission and perform such other duties as are incidental to the office. (4) Any four (4) voting members of the Commission present shall constitute a quorum to conduct business. 102.3 Responsibilities The Commission shall: (1) advise the City in the preparation and maintenance of a Comprehensive Plan and related studies; (2) advise the City in establishing criteria for development of land; (3) approve or disapprove, with or without variances, all subdivision plats, development plats or other matters as established in this Code within the City and its extra - territorial jurisdiction (ETJ) ; (4) assist the City in conducting public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan and ordinances and regulations related to it; (5) initiate planning concepts and recommend policies for guiding action affecting development in the City and its environs; and (6) perform other duties that may be specifically assigned to it by the City that may have a bearing on the preparation or accomplishment of the Comprehensive Plan. 103. THE BOARD OF ADJUSTMENT 103.1 Creation, Appointments and Members (1) There shall be a Board of Adjustment consisting of five (5) voting members. Members shall be appointed by the Mayor with approval of Council =during the month of October. Each member shall be a resident of the City. (2) The members of the Board shall be identified by place numbers (1) through (5). Places (1), (2), and (3) shall be appointed initially for a term no greater than one year, places (4) and (5), shall be initially appointed for a term no greater than two years. Thereafter, all members shall be appointed for a term of two (2) years. (3) Should a vacancy occur, the Mayor, with approval of Council, shall appoint a person to complete the unexpired term of the position. 103.2 Meetings, Officers and Rules (1) The Board shall elect a Chairperson and Vice - Chairperson at the first regularly scheduled meeting after the October appointt%ents, who shall serve for a period of one year All members, includtng, the Chairperson, shall vote in matters considered by the Board. (2) The Director of Planning shall serve as ex officio (non- voting) secretary of the Board and shall keep minutes, books, files and other records of the Board and perform such other duties as are incidental to the office. (3) Any four (4) voting members of the Board present shall constitute a quorum to conduct business. 103.3 Responsibilities (1) Development Code Text and Zoning District Map Interpretation The Board is authorized to hear and decide appeals where it is alleged that there is an error in an order or decision by the municipal enforcement officials in applying the standards of this Code (see section 112). (2) Special Exceptions and Variances The Board is authorized to hear and decide special exceptions to the terms of the Code where such special exceptions are allowed by the Code and authorize in specific cases a variance from the terms of this Code as established in Section 112. (3) Determination of Land Use The Board of Adjustment shall determine the land use category of any land use where a question exists relating to the application of the appropriate standards contained in this Code (see also chapter 4). 104. DEVELOPMENT PERMIT REQUIRED 104.1 Purpose This section sets forth the application and review procedures for obtaining a permit for the development of land (Development Permit) in the City and its extra - territorial jurisdiction according to the standards established by this Code. A Development Permit shall be issued only to lots meeting the development district standards contained in Chapter 4 and approved according to the land division procedures established in Chapter 2 of this Code. Prior to issuance of any 1-4 y 0 Development Permit or Building Permit, the developer shall obtain a Certificate of Compliance from the City (see Section 104.5). For a list of the development actions permitted under this code, see section 104.2 of this code. 104.2 Permitted Activities The developer shall obtain a Development Permit as required for the following actions: (1) Reclamation of Land /Drainage Improvements (Reclamation Permit); (2) Sign Placement and Erection (Sign Permit); (3) Land Division; (4) Construction of Public Improvements; (5) Conditional Uses; and /or (6) Nonconforming Uses. 104.3 Application for Issuance of a Development Permit (1) Application; fees (a) The developer shall submit an application on forms provided by the City for issuance of a development permit. Where hardship relief is requested, the developer shall also present a written request according to section 112 (for a variance). Each application shall be accompanied by the payment of a fee in accordance with the duly adopted "Schedule of Fees" to cover the costs of processing the application. (b) Each application shall be accompanied by five (5) copies of a site plan as described in section 104.4 of this chapter; provided, however, that applications for home occupations shall not be required to submit site plans. (2) Action (a) The City shall respond to the applicant within 30 days of filing as to the approval, conditional approval or disapproval of the application. If disapproved, the City shall cite reasons for denial and, if approved, a development permit shall be issued to the developer. (b) If the application is disapproved or conditionally approved, the developer may make appropriate alterations or otherwise show evidence of meeting the standards of this Code. Resubmission or providing additional information to meet conditions shall not require payment of fees (unless meeting conditions requires a separate application). 104.4 Site Plans The developer shall submit site plans, where necessary, based on the criteria below in fulfilling the application requirements for obtaining a development permit under this Code. The developer shall also provide a certified copy of any instrument which contains a restriction on the use of, or construction of, the lot, together with a certified copy of any amendment, judgment or other document affecting the use of the property. The site plan shall provide the following information: (1) The date, scale, north point, development district, title, name of owner, and name of person preparing the site plan. (2) The location and dimensions of boundary lines, easements, and required yards and setbacks of all existing and proposed buildings and land improvements. (3) The location, height, and intended use of existing and proposed buildings on the site, and the approximate location of proposed buildings and land improvements. (4) The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening, and lighting. (5) The center line of existing water courses, drainage features and location and size of existing and proposed streets and alleys, and the 25 -year and 100 -year floodplain. (6) The number of existing and proposed off - street parking and loading spaces, and a calculation of applicable minimum requirements. (7) The approximate location and size of proposed signs, if known. (8) The location and size of the existing and proposed landscaped areas. 104.5 Permit Required A person commits an offense if he uses land for a purpose not permitted in the district in which it is located. 1 -6 105. CERTIFICATE OF COMPLIANCE The City shall not issue a building or development permit for the erection, alteration, moving or repair of any building or structure or any other permit authorized by the Code until a certificate of compliance has been issued by the Code Compliance Officer. Issuance of such a certificate shall indicate that the plans for which the building or development permit is requested complies with the Official Zoning Map. The City shall maintain a record of all certificates of compliance and said record shall be open for public inspection. 106. RECLAMATION OF LAND 106.1 Permit Required The developer shall obtain a permit from the City prior to depositing or removing any material within a watercourse; excavating within a watercourse; constructing, altering, or removing any structure within, upon or across a watercourse; planting or removing any vegetation within a watercourse; or altering any embankment within a watercourse. 106.2 Standards The developer shall meet all standards relating to construction and drainage contained in chapters 7 and 10 and section 403.1 of this Code, including the provisions of the Standard Excavation and Grading Code in obtaining permission to reclaim or improve watercourses. 106.3 Permit Procedures for Flood Hazard Zone Areas (1) Application for a Development Permit shall be presented to the City on forms furnished by the City and may include, but not be limited to, a site plan as described in section 104.4 showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of 403.1 (3)(b); 1 -7 (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with 403.1 (8)(a). (2) Approval or denial of a development permit by the City shall be based on all of the provisions of section 403.1 (1) and emphasizing the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (j) The relationship of the proposed use to the comprehensive plan for that area. 107. SIGN PLACEMENT AND ERECTION 107.1 Permit Required The developer shall obtain a permit from the City prior to erecting, constructing, reconstructing or altering a sign. Any sign listed hereunder shall be erected and maintained in a safe condition in conformity with the standards in Chapter 11 of this code and the Building Code. If, within any twelve (12) month period, alterations or repairs costing in excess of fifty (50) percent of the then physical value of the sign structure are made to an exiting sign structure, such sign shall be made to conform to the requirements of this Code except for section 1108 (off-premise signs, location). 107.2 Application Procedures (1) The developer shall submit an application on forms provided by the City for a permit to place and erect a sign (see section 104.3). (2) Construction permit applications for new ground signs when erected or constructed to heights exceeding 30 feet above ground level, or for new roof signs when erected 30 feet above ground level shall be accompanied by a drawing of the sign structure and the sign prepared by and certified by a professional engineer registered in the State of Texas; the City may also require similar certification by a registered professional engineer if any unusual structural provision of a proposed sign indicates such certification is necessary in the interest of public safety. (3) Signatures of both the owner of the premises upon which the sign is to be (or has been) constructed (or the authorized lessee of such premises) and the sign company (if the sign is an off-premise sign) that the sign is authorized to be erected or to be thereafter maintained on the premises, shall be provided and shall contain the sworn affidavit of the owner or lessee and the sign company that the sign does not violate any applicable deed restriction or other similar restrictions on the premises. (4) Any permit for construction of a sign will become null and void unless construction of the sign is completed within 180 days, or the permit is renewed for an additional 180 days, in which case an additional fee shall be payable equal to one-half the original fee paid and the proposed sign shall meet all of the requirements of this Code on the date of renewal. 107.3 Exceptions No permit shall be required under this Code for on-premise signs of the following descriptions, unless any such sign is a spectacular sign, or portable sign. 1-9 (1) signs painted on glass surfaces or windows or doors; (2) wall signs not over 100 square feet in area; (3) signs erected by the City, State of Texas (including its political subdivisions such as counties, school districts, universities, and the Department of Criminal Justice), or the Federal Government and the lessees of such government entities; (4) railroad signs; (5) legal notices (such as "no trespassing" or "no parking ") and house numbers not exceeding four square feet in area; (6) a sign not over 40 square feet in area setting forth information concerning a building or other structure under repair or construction or advertising the sale or rental of the premises; (7) signs within a stadium designed to be viewed by patrons within the stadium; (8) temporary signs, provided the number of such signs on any premise does not exceed two (2) in number, and provided such signs are displayed on consecutive days, and for only a maximum of seven (7) days in any thirty (30) day period; (9) on- premise signs setting forth the location of or directions to parking or buildings located on the premises, or regulating the flow of off - premise traffic. Such directional signs may be lighted, consistent with the other requirements for electrical signs in chapter 11 and with the requirements of the building code; (10) signs displayed, designed, or used for or upon motor vehicles; or (11) signs which are mounted on the face of a building no higher than the roof line or form an integral part of a canopy or marquee entrance and state only the street number, name of the proprietor, and name of the premise therein; provided, however, that the number of such signs shall not exceed the number of entrances for such premises. 1 -10 108. LAND DIVISION 108.1 Permit Required A person commits an offense if he divides any tract of land into two or more parts or adjusts a lot or tract boundary and/or consolidates two or more lots or tracts of land without a permit from the city. 108.2 Application Procedures The developer shall submit an application for the permit on standard forms provided by the Cfty. For purposes of this section, the application for preliminary plat approval (see section 203.1) or approval of a boundary line adjustment (see section 205,1) shall be considered an application for a development permit. The permit shall be effective for two years; provided, however, that approval may be automatically extended at one year intervals if development is occurring in a timely manner. 109. PERMIT TO CONSTRUCT PUBLIC IMPROVEMENTS 109.1 Permit Required A person commits an offense if he constructs, alters or removes any public improvement without a permit for the work from the City. 109.2 Application Procedures (1) The developer shall submit an application for the permit on standard forms provided by the City. (2) The application shall be accompanied by three (3) complete sets of proposed construction plans. Such plans and one (1) set of construction cost estimates shall bear the seal of a registered professional engineer of the State of Texas, and shall be prepared in accordance with the latest City standards. 109.3 Permit Issuance and Fees A permit for construction, alteration or removal of public improvements can be issued upon approval of the engineered plans and cost estimates (see section 109.4) for the work and payment of a plan checking and inspection fee in accordance with the duly adopted "Schedule of Fees." 109.4 Construction Plans (1) Utility Layout Plan The developer shall submit at least three (3) copies of a plat of the development showing the proposed location of all utilities to be provided and their relation to all other utilities as specified in Chapter 7 of this code. The Utility Layout Plan shall bear the signature of approval of the appropriate representative of each utility company proposed to serve the development. (2) Sanitary Sewer and Water Construction Plans The developer shall submit separate sewer system plans with a plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a separate plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, and fittings, etc., in conformance with the City's criteria. A profile is required for all water lines. Existing public improvements (streets, sewer, water, etc.), public easements and existing and proposed topography shall be shown on each plan. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description of sea level datum. (3) Storm Drainage Construction Plans The developer shall submit separate storm drainage plans showing the information specified below. (a) A plan and profile of proposed storm sewers or channels, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria established in chapter 10 of this code. All plans shall show existing and proposed topography with contour lines at two foot intervals and all existing public improvements (streets, sewer, water, etc.) and public mmsmmwnts. Each plan shall show the seal and signature of the registered professional engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. (b) A general location map of the tract showing the entire watershed ( a USGS quadrangle is satisfactory). (c) Calculations showing the anticipated storm water flow, including watershed area, run -off coefficient and time of concentrations shall be submitted showing basis for design of all improvements. (d) Detailed plans for any bridges, culverts, catch basins, any other drainage structures, or any other improvements to be made. (4) Street Construction Plans The developer shall submit separate street plans with a plan and profile of all proposed streets or roads with centerline and top of curb grades, ditch flowline and tops of ditch grades, and showing existing and proposed surface profiles. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. Scales shall be 1 inch equal 40 or 50 feet horizontally and 1 inch equal 4, 5, or 10 feet vertically. Each plan shall show all existing and proposed public improvements (drainage, sewer, water, etc.) within the limits of the street construction. The typical cross - section of proposed streets showing the width of roadways and type of pavement and location and width of sidewalks shall be shown. Each plan shall show the seal and signature of the registered professional engineer who prepared the plans. (5) Grading Plan The developer shall submit a plan of the entire tract depicting the final grading contours and elevations, earthwork, quantities (cut and fill), slopes, retaining walls, drainage patterns, finished floor elevations of all existing structures, minimum floor elevations of all future structures and any other information considered necessary by the City at a scale of 1" = 100' minimum. (See also sections 106 and 114). (6) Design Summary The developer shall submit a separate report entitled "Engineering Design Summary" with final plans and specifications for construction of public improvements and shall summarize calculations and such other engineering information pertaining to the major items of design significance as may be necessary in the City's review of the plans and specifications to determine whether the facilities proposed for construction have been designed in accordance with the intent of the City's design criteria. Calculations shall include drainage facilities, water demand, sewage flows, and any others considered necessary be the City. (7) Format (a) The developer shall submit all improvement plans to the City on sheets 36 inches by 24 inches. A binding margin shall be provided of not less than one and one-half (1-1/2) inches on the left side of the sheet and margins not less than one-half (1/2) inch on the three other sides. (b) Upon approval by the City of the engineering plans and conditional approval of the final subdivision plat, the developer will be issued a Permit to Construct Public Improvements. (c) Upon completion of the required public improvements, the developer's Registered Professional Engineer shall present to the City high quality reproducible, drafting film (4 mils thick) of complete "as built" plans for all paving, drainage structure, storm drains, water lines and sewer lines within thirty (30) days of the completion of each contract. The Registered Professional Engineer shall certify that the "as built" plans are in fact true representations of the actual construction. (d) The City shall not accept ownership or maintenance of any public improvements until the developer submits all final plats and "as built" plans relating to the project to the City. 110. CONDITIONAL USE PERMITS The Commission may approve a conditional use permit for a use that may be allowed only upon specific review and approval by the Commission in any district in which such use is authorized following proper application and after notice and public hearing as established in section 113. No building permit for a use authorized as a conditional use within a district shall be issued unless the applicant obtains a conditional use permit. The application (see Section 104) for a conditional use permit shall be accompanied by 10 copies of a site plan as defined in Section 104.4. No building, premise, or land use under a conditional use permit may be enlarged, modified, structurally altered, or otherwise substantially changed unless a separate conditional use permit is granted. An application for a conditional use permit shall be approved upon finding that the proposed use: (1) conforms to all applicable regulations and standards of this code; (2) is compatible with existing or permitted uses on abutting sites; (3) conforms to the objectives and the purposes of the district in which it is located; and 1-14 (4) will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 111. NONCONFORMING USE PERMIT 111.1 Permit Required Within the districts established under this Code there may exist lots, structures, uses of land and land use characteristics which were lawful before this Code was enacted, amended or otherwise made applicable, but which do not conform to the regulations of the district in which it is located. Nonconforming uses are hereby declared to be incompatible with the uses permitted by right and the conditional uses permitted within the district involved. A permit shall be obtained to maintain, enlarge, change, alter or repair a nonconforming use of land or building. A nonconforming use permit shall be issued according to the procedures contained in section 104. 111.2 Regulation of Nonconforming Uses Except as herein provided, no nonconforming use of land or buildings nor any nonconforming structures may be enlarged, changed, altered or repaired except in conformity with the regulations contained in this Code. (1) Nonconformance Status The lawful use of land existing at the time of the passage of this Code, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this Code. Nonconformance status is determined as follows: (a) The use or structure was in existence and lawfully operating as of June 10, 1986, and has since been in regular and continuous use; or (b) The use or structure was lawfully being used at the time of the adoption of any amendment to this Code and by such amendment was placed in a district wherein it is not otherwise permitted; or (c) The use or structure was in existence at the time of annexation to the City and has since been in regular and continuous use. (2) Continuing Lawful Use of Property A nonconforming use, when discontinued or abandoned, cannot be resumed. Discontinuance or abandonment is defined as follows: (a) When land use for a legal nonconforming use ceases to be used in such a manner for two (2) years; (b) When a structure designed or used for a nonconforming use ceases to be used in such a manner for a period of one (1) year. (3) Substitution of Nonconforming Uses Prohibited No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only uses permitted by right and approved conditional uses may be substituted for nonconforming uses or structures. (4) Enlargement of Nonconformance Enlargement of nonconforming uses is prohibited. (5) Restoration of Damaged Property If a nonconforming use is damaged or destroyed to an extent of more than sixty per cent (60 %) of its fair market value by a fire, explosion, act of God, or other means, then any restoration must be for a permitted use. 111.3 Termination of Nonconforming Use The right to use a parcel of land or a structure in a nonconforming manner must terminate under any of the following circumstances: (1) When the use is abandoned. (2) When any provision of this or any other code is violated with respect to a nonconforming use. (3) When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map. (4) When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than sixty per cent (60 %) of its value. 1 -16 112. APPEAL AND HARDSHIP RELIEF PROCEDURES 112.1 Types of Appeals Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision under this Code where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any Development Code provision. (1) A hardship may exist which necessitates the granting of relief where the strict application of one or more requirements of this Code would render a parcel incapable of reasonable economic use. Specified provisions set forth in this Code may be waived or varied where, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship upon the owner. A hardship is distinguished from a mere inconvenience or a desire to make more money. The application for hardship relief shall provide facts and evidence sufficient to enable the Commission or Board to make findings in compliance with the criteria set forth in this section, and to avoid conflict with the Comprehensive Plan. (2) Unless otherwise authorized by this Code, all requests for hardship relief shall be the responsibility of the Board of Adjustment; provided, however, that variance requests pertaining to the division of land shall be the responsibility of the Planning and Zoning Commission. The Planning and Zoning Commission and the Board of Adjustment shall follow the procedures established in this section and section 113 for public notice of such proceedings. (3) An appeal or request for hardship relief may be made by filing a notice of appeal with the City within ten working days of the 6ecision. The notice of appeal shall indicate the nature of the interpretation that is being nppemled. The matter at issue will be a determination of the appropriateness of the interpretation of the requirements of the Code. The appealing party (applicant) assumes the responsibility of all required notification procedures (see section 113). (4) An appeal shall stay all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies in writing to the City after the notice of appeal shall have been filed with him, that by reason of the facts stated in • the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown. 1-17 (5) The City shall fix a reasonable time for the hearing of the appeal, give public notice as established in section 113, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. 112.2 Authority (1) Final determination of relief is vested in the Planning and Zoning Commission or Board of Adjustment (as appropriate) which shall: (a) hear and decide appeals; and (b) authorize hardship relief from the terms of the Code. (2) In exercising their powers the Planning and Zoning Commission or the Board of Adjustment may, in conformity with the provisions of this Code or referenced codes, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (3) Hardship relief from the terms of this Code may be granted, only upon written findings by the City that all of the following are met: (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings. (b) The special conditions and circumstances do not result from the actions of the applicant, nor could the condition or circumstances be corrected or avoided by the applicant. (c) The relief granted is the minimum degree of relief necessary to make possible the reasonable use of the land, building, or structure in compliance with all other applicable regulations. (d) Literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties under the terms of this Code and would work unnecessary and undue hardship on the applicant. (e) The grant of the relief will not violate the general intent and purpose of this Code nor policies of the Comprehensive Plan. (f) The grant of relief will not create unsafe conditions nor other detriments to the public welfare beyond the effects of development otherwise allowed. (4) In granting any hardship relief, appropriate conditions and safeguards may be prescribed in conformity with this Code. Violation of the terms of such conditions and safeguards, when made a part of the term of the development permits or final plat shall be deemed a violation of this Code. 112.3 General Rules (1) The concurring vote of four members of the Board or a majority of those present, in the case of the Commission, shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code, or to effect any variation in this Code. (2) Any person or persons, jointly or severally, aggrieved by any decision of the City, or any taxpayer, or any officer, department, board or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the district court of Walker County within ten (10) days after the filing of the decision in the office of the Board. (3) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the City to review such decision and shall prescribe the time within which a return must be made and served upon the petitioner's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision being appealed, but the court may, upon application, notice to the City, and due cause, grant a restraining order. (4) The City shall not be required to return the original papers acted upon by it. It shall be sufficient to return certified or sworn copies of the papers or of such portions as may be called for by such writ. The City shall also provide such other facts as may be pertinent and material to show the grounds for the decision which is being appealed. (5) If, during the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (6) Costs shall not be allowed against the City unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision being appealed. (7) All issues in any proceedings under this section shall have preference over all civil actions and proceedings. 113. PUBLIC NOTICE PROCEDURE The purpose of this section is to establish the minimum requirements for notice to be given with respect to procedural actions required elsewhere in this Code and amendments to the Zoning District Map. 113.1 Notice of Public Hearing Notice of a public hearing by the City shall be given as established below. Notice shall be required for amendment to the Official Zoning Map, appeals for modifications or variance in the Code or as required elsewhere in this Code. Where the public hearing is at the request of a private individual or developer (applicant), the applicant shall cause the provisions of this section to be implmmented. Where the public hearing is initiated by the City, the City shall assume the responsibility of insuring that the provisions of this section are implemented. (1) Notice shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing; provided, however, that variances related solely to subdivision platting shall not be required to publish a legal notice. (2) Adequate notice of the public hearing shall be provided to adjacent property owners. Notice of a public hearing shall be reasonably calculated to give actual notice and shall consist of the following: (a) Mailed Notice The applicant shall provide satisfactory evidence to the City of mailing the required notice to the adjacent property owners. Mailed notice shall be given at least 15 1-20 days in advance of the scheduled public hearing. Unless otherwise provided, addresses for a mailed notice required by this Code shall be obtained by the applicant from the City's property tax records. All property tax owners within 200 feet and all owners of residentially- designated property within 500 feet shall be notified by mail. Unless the address is on file with the City, a person whose name is not in the tax records at the time of filing of an application, or of initiating other action not based on an application, need not be furnished mailed notice. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this section. The written notice shall contain the following information: (1) The date, time, and place of the hearing. (2) A description reasonably calculated to inform a person of the location of the property for which a permit, plat, or other action is pending, including but not limited to use of a map or postal address and a subdivision lot and block designation, a metes and bounds description or the tax map designation of the County Appraisal District. (3) The sections of the Code that are pertinent to the hearing procedure. (4) That the written documents may be examined and written comments accepted during normal business hours in the office of the Planning Department at City Hall. (b) Procedure for Posted Notice At least ten (10) days prior to the date of the hearing, the applicant shall cause to be placed on said land a sign or signs indicating the type of relief sought or the proposed change in status of the property and the day and time of review. The signs shall be placed at not more than three hundred (300) foot intervals across the property line fronting on existing streets and must be clearly visible from the street. Each sign shall be no greater than ten (10) feet from the property line and shall be no smaller than eighteen (18) inches by twenty -four (24) inches. 113.2 Notice Requirements Defined Requirements for notice, posting, and publication contained in this section shall be interpreted as established below. 1 -21 (1) Notice by certified or regular mail shall refer to the date of deposit of such mail with the U.S. Post Office. (2) Posting shall refer to the posting or equivalent display of at least one (1) notice in a prominent, visible location on or near the subject property. (3) Publication shall refer to the date of publication of a legal notice in the official newspaper of the City. One (1) publication day shall be sufficient. (4) Affected owners and other interested persons shall be determined according to the current tax rolls of the City. (5) Each notice, whether by mail, posting or publication, shall include appropriate information pertaining to the general nature of the decision to be made, identity of the applicant (where applicable), the subject property (where applicable), the time and place of the meeting or hearing, and the address and telephone number of the office from which additional information may be obtained. 113.3 Hearing Procedures (1) A public hearing shall be held on the request for hardship relief at the next available Commission or Board meeting after submittal of the request. (2) The burden of proof for approving a hardship request, a variance, or a zone redesignation is upon the applicant. The more drastic the request or the greater the impact of the proposal on the area, the greater is the burden upon the applicant. The proposal shall be supported by proof that it conforms to the applicable elements of the Comprehensive Plan and to applicable standards of this Code. 114. CODES AND STANDARDS 114.1 Building Codes Nothing in this code shall relieve the developer of the additional responsibility of obtaining any other permits required by the City in enforcing its rules and regulations. The City has adopted the following documents related to building and construction (see Chapters 6, 7 and 8, Huntsville Code of Ordinances for the latest additions and amendments to these codes): 1-22 (1) The Standard Building Code Southern Building Code Congress International, Inc, (SBCC); (2) The Standard Housing Code (SBCC); (3) The Standard Excavation and Grading Code (SBCC); (4) The Standard Swimming Pool Code (SBCC); (5) The Standard Mechanical Code (SBCC); (6) The Standard Gas Code (SBCC); (7) The Standard Plumbing Code (SBCC); (8) The National Electrical Code National Fire Protection Association (NFPA); and (9) The Standard Fire Prevention Code (SBCC). 114.2 Public Improvement Standards The developer shall construct all public improvements according to this code and the following manuals and specifications: (1) CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS City of Huntsville, Texas, 1982; (2) STANDARD DRAWINGS FOR PUBLIC IMPROVEMENTS City of Huntsville, Texas, 1982. SECTION 2: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Chapter 4. Development Districts, as it presently exists and by the adoption of new Chapter 4. Development Districts that shall read as follows: CHAPTER 4. DEVELOPMENT DISTRICTS 401. ESTABLISHMENT OF DISTRICTS The City of Huntsville, Texas is hereby divided into the following general districts: Downtown, Management and Neighborhood Conservation. These districts are described in more detail in section 402. Additionally, the following overlay districts are created: Flood Hazard District and Airport Hazard District. The development standards within these districts are described in section 403. 401.1 Zoning District Map The boundaries of the respective districts enumerated in this section and section 402 are defined and established as depicted on the map entitled "OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS" which is an integral part of this Code. This mop, with all notations and explanatory matter thereon, shall be published as part of this Code. This Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the following: "This is to certify that this is the Official Zoning Map of the City of Huntsville, Texas adopted on the 5th day of June, 1900." If in accordance with the provisions of the Code, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map after amendment has been approved by the City Council together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council of the City of Huntsville, the following change(s) were made: (brief description with reference number of amending ordinance)." One copy of the Official Zoning Map is to be maintained and kept up-to-date in the office of the Secretary to the Planning and Zoning Commission, accessible to the public and shall be the final authority as to the current zoning status of properties in the city. In the event that the Official Zoning Map becomes damaged, destroyed, lost, obsolete or difficult to interpret because of the nature or number of changes made thereto, the City Council may, by ordinance, adopt a new official Zoning Map which shall supersede the prior Official Zoning Map. The revised zoning map, shall be identified by the signature of the Mayor, attested by the City Secretary and bear the seal of the City under the following words: "This is to certify that this is the 4-1 Official Zoning Map referred to in the Ordinance of the City of Huntsville, adopted on (day) day of (month), (year), which replaces and supersedes the Official Zoning Map which was adopted on the 5th day of June, 1990." 401.2 Interpretation of District Boundaries The following rules shall be used to determine the precise location of any designated district boundary of the City: (1) Boundaries shown or described as following or approximately following the City Limits shall be construed as following such limits. (2) Boundaries shown or described as following or approximately following streets shall be construed to follow the centerlines of such streets. (3) Boundary lines shown or described as following or approximately following platted lot lines or other property lines as shown on plats filed for record in the office of the County Clerk shall be construed as following such lines. (4) Boundaries shown or described as following or approximately following centerlines of streams, creeks, or other water courses shall be construed as following the channel centerline of such water courses and, in the event of a natural change in the location of such streams, creeks, or other water courses, the boundary line shall be construed as moving with the channel centerline. (5) Boundaries shown or described as separated from and parallel or approximately parallel to, any of the features listed in paragraphs (1) through (4) above shall be construed to be parallel to such features and at such distances as are shown on the map. 401.3 Amendments to District Boundaries (1) Authority to Amend The City Council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation from the Planning and Zoning Commission, amend the boundaries of the zoning districts. Where an application for an amendment is submitted by a private person, it shall be accompanied by a fee as established by the duly adopted "Schedule of Fees". (2) Planning and Zoning Commission Report Required Prior to any action to amend the zoning district map, the Planning and Zoning Commission shall review the proposal. The Commission shall submit a report containing its conclusions and recommendations to the City Council. (3) Public Hearing Required Prior to Amendments Ayjoint public hearing shall be held by the City Council and Planning and Zoning Commission prior to approval or rejection of the reported recommendations of the Commission. Notice of the hearing shall be according to the procedures established in section 113. (4) Three - Fourths Majority Required A three - fourths (3/4) majority vote by the City Council is necessary to approve a zoning district map amendment where the proposed amendment is opposed by twenty percent (205) or more of the property owners whose lands are lying within two hundred (200) feet of the site where the zoning classification change is sought. (5) Zoning Amendment Reapplication Limitation In order to insure the stability of land use within the City and in an effort to promote and protect the quality of life for the citizens of the City with respect to the use and enjoyment of their respective property, no reapplication for a zoning district map amendment will be accepted by the City within a period of twelve (12) months from the date of the City Council's denial of the initial application; provided, however, that upon receipt of documented proof from the applicant that conditions have substantially and materially changed since the initial submission of the application, and upon further evidence that such changes justify a rehearing of the matter, the City Council may waive the mandatory holding period and accept a reapplication. 401.4 Designation of Annexed Property Territory annexed to the City shall be designated in the management district. TABLE 4-1 ALLOWABLE USES GENERAL SIC GROUP DISTRICTS LAND USE DESCRIPTION MANAGEMENT DOWNTOWN NEIGHBORHOOD CATEGORIES CONSERVATION Residential Single-Family Multi-Family Governmental Public Utilities P P Agriculture 01 - 09 P Mining or Drilling 10 - 14 P Construction 15 - 17 P P Manufacturing 20 - 39 P P Transportation 40 - 47 P P Communications 48 P P Electric, Gas and Sanitary Services 49 Wholesale Trade 50 - 51 Retail Trade 52 - 59 Finance, Insurance, and Real Estate 60 - 67 Services 70 - 89 P P Permitted or allowable Uses * Not included in Standard Industrial Classification Code (SIC) 401.5 Land Use Standards The Table 4-1: ALLOWABLE USES lists those land use categories allowable in each district. Specific locational standards for individual lot types are contained in Chapters 5 and 6 of this Code. Except as hereinafter otherwise provided, no land or building shall be used, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged, or repaired, for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building structure, or improvement is located, and in accordance with the provisions of this code. (1) Residential Uses The development of any residential use shall be permitted only in full compliance with the standards contained in Section 502 and Table 4-1. Residential uses are subdivided into the following categories: single-family residential and multi-family residential. Single-family residential uses include single-family detached and attached structures (see also Dwelling, Single-Family in Chapter 15 of this Codw). (2) Non-Residential Uses All land uses not classified as residential are considered non-residential in nature. Table 4-1 lists the non-residential land uses according to major use category. Wherever possible, the group descriptions in the Standard Industrial Classification Manual (SIC) (1987) prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses for accomplishing the purposes of this Code. A copy of the SIC manual shall be filed in the office of the Planning Department for inspection during normal business hours. 401.6 Accessory Uses and Buildings The following accessory uses are permitted in all Districts: (1) An attached or detached private garage. (2) Nonpaying guest houses or rooms for guests within an accessory building, provided such facilities are used only for the occasional and gratuitous housing of guests of the occupant of the principal building and not for permanent occupancy by others as a dwelling unit. (3) Sheds or tool rooms. (4) Children's playhouses. 4-5 (5) Vegetable or flower gardens. (6) Garden houses. (7) Private green houses. (8) Private tennis courts. (9) Private swimming pools. (10) Servant's quarters and similar uses customarily accessory to a residential use. 401.7 Home Occupatations (1) Intent It is the intent of this section to allow for and provide standards for the establishment of a home occupation in a neighborhood and to regulate the operation of a home occupation so that the average neighbor will be unaware of its existence. (2) Definition Home occupation means an accessory occupational use conducted entirely within a dwelling unit by the inhabitants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Clinics, doctor's offices, hospitals, insurance offices, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tearooms, tourist homes, animal hospitals, kennels, among others and as examples only, shall not be deemed to be home occupations. (3) Standards To operate a home occupation, the following standards shall be met: (a) the home occupation must be clearly incidental to the use of the dwelling as a residence; (b) no outdoor display or storage of materials, goods, supplies, or equipment shall be allowed; (c) there shall be no changes to the exterior of the building nor any visible evidence or signs that the residence also contains a home occupation; (d) a home occupation shall not generate nuisances such as traffic, on-street parking, noise, electrical interference, or hazards; (e) the maximum area devoted to a home occupation shall be 25 percent of the gross floor area of the dwelling unit. 401.8 Permit Required A person commits an offense if he uses land for a purpose not permitted in the district in which it is located. 402. Description of Districts 402.1 Management District (M) The Management District is the principal district in the City. All land not specifically designated within another district is designated as part of the Management District. All land uses are allowed within the district if they otherwise meet the standards of this Code. 402.2 Downtown District (0) This district, also called the Fire District is intended as an area of high intensity use on which a full range of public facilities are found. The standards and high densities prescribed for the district are designed to optimize utilization of in-place facilities. All Buildings in existence prior to the effective date of this Code shall be exempted from the off-street parking requirements as required in section 1301 of this Code. All buildings constructed after the effective date of this code shall meet the requirements of section 1301; provided, however, that if the computed number of required off-street parking spaces is less than ten (10) spaces, no off-street parking spaces need be prpwided. The limits of the district are shown on the Official Zoning District Map. 402.3 Neighborhood Conservation (NC) There exits in certain parts of the city areas of residential development which have been maintained exclusively for the purpose of single-family residential dwellings. To conserve the character and value of buildings and building sites existing in these areas and to protect the integrity of the neighborhood, the Neighborhood Conservation District is provided. 4-7 Uses permitted by right are: one single-family residential dwelling unit per lot (detached or attached dwellings), home occupations (see section 105), parks, playgrounds, public recreation facilities and community buildings, public service installations (utility and public service facilities and uses, except for storage yards, transformer stations and substations) and accessory uses as defined in Section 401,6. Permitted conditional uses are: churches, public schools and golf courses (excluding miniature golf and commercial driving ranges). 403. Overlay Districts 403.1 Flood Hazard District (1) Designation of F7mwdplain Hazard District (a) The floodway-flood boundary and floodway maps prepared for the City by the Federal Insurance Administration to be effective February 4, 1981, are hereby adopted. Copies of said maps shall be available in the offices of the Planning Department. (b) A person commits an offense if he makes any change to improved or unimproved real estate (including but not limited to buildings, structures, dredging, filling, grading, paving or excavation) within the floodplain without a development permit (reclamation of land) from the City (see section 106 of this code). (2) General Standards for Flood Hazard Reduction In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (c) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (d) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (3) Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in 403,1 (1)(a), 403.1 (8)(h), or 403.1 (1)(4)(d), the following provisions are required: (a) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the City prior to receiving a development permit that the standard of this subsection (403.1 (9)(a)) is satisfied. (b) Nonresidential Construction New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this yubsection. A record of such certification which 4-9 includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the City as part of the permanent development permit file. (c) Enclosures New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (d) Manufactured Homes (1) All manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (2) All manufactured homes shall be in compliance with 403.1 (3)(a) (first floor elevation above flood level). (3) All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the City °s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely 4 -10 anchored to an adequately anchored foundation system in accordance with the provisions of section 403.1 (3)/d)(1). (4) A person commits an offense if he places any manufactured home in the regulatory floodway in other than an existing manufactured home park or manufactured home subdivision. (4) Standards for Subdivision Proposals (a) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with the provisions of section 104 (permit required). (b) The developer of subdivisions including manufactured home parks and subdivisions shall obtain a development permit (see section 104 of this code) prior to final platting. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 403.1 (1)(a), section 403.1 (8)(h) or elsewhere in this Code. (d) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (e) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities (sewer, gas, electrical and water systems) located and constructed to minimize or eliminate flood damage. (5) Standards For Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in section 403.1 (1)(a), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (a) All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city°s FIRM (at least two feet if no depth number is specified). (b) All new construction and substantial improvements of nonresidential structures: (1) shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city°s FIRM (at least two feet if no depth number is specified), or; (2) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (c) A registered professional engineer or architect shall submit a certification to the City which shall become part of the permanent development permit file that the standards of section 106.3, are satisfied. (d) Within Zones AH or AO the developer shall provide adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (6) Floodways Floodways are located within areas of special flood hazard established in 403.1 (1)(a). Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the city during the occurrence of the base flood discharge. (b) Where section 403,1 (6)(m) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 403.1 (2) and 403.1(3) 4-12 (7) Designation Of The Floodplain Administrator The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. (8) Duties & Responsibilities Of The Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (a) Maintain and hold open for public inspection all records pertaining to the provisions of this section. (b) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding. (c) Review, approve or deny all applications for development permits required by adoption of this section. (d) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (e) Determine the flood hazard boundary line where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). (f) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (g) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (h) Obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of the section when base flood elevation data has not been provided in accordance with section 403.1 (1)(a). (i) Require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City °s FIRM, when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (9) Variance Procedures A developer may appeal the decision of the City when it is alleged there has been an error in any requirement, decision or determination in the enforcement or administration of the floodplain hazard district regulations. The procedure for an appeal shall be according to the hardship relief procedures contained in section 103 of this code. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Prerequisites for granting variances are: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon, (1) showing a good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Variances may be granted by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria outlined in sections 103 and 403.1 (9) are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 403.2 Airport Hazard District (1) Airport Zones In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to the airport. Such zones are shown on the Huntsville Municipal Airport Hazard Zoning Map and dated June 10, 1976, which is hereby adopted and made a part of this code. An area located in more than one of the following zones in considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Approach Zone The "runway larger than utility with a visibility minimum greater than three - fourths (3/4) mile nonprecision instrument approach zone" called Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface (runway) and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway. (b) Transitional zones. These zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety- degree angles to the runway centerline, and the runway centerline extends at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary approach surfaces to where they intersect the horizontal surface. (c) Horizontal zone. The horizontal zone is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway, and connecting to the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. (d) Conical zone. The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet. (2) Airport Zone Height Limitations Except as otherwise provided, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone within the Airport Hazard District created to a height in excess of the applicable height limit established for such zone. Where an area is covered by more than one height limitation the more restrictive height shall prevail. Such applicable height limitations are: (a) Approach Zone Slopes upward thirty -four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. (b) Transitional Zone Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty (150) feet above the airport elevation (363 feet above mean sea level). Additionally, there are established height limits sloping upward and outward (7) feet horizontally for each foot vertically beginning at the side of and at the same elevation as the approach zones, and extending to where they intersect the horizontal or conical surface. (c) Horizontal Zone One hundred and fifty (150) feet above the airport elevation or a height of five hundred and thirteen (513) feet above mean sea level. (d) Conical Zone Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of three hundred and fifty (350) feet above the airport elevation. (3) Use Restrictions Notwithstanding any other provisions of this section, no use may be made of land or water within any airport hazard zone established by this Code in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airpprt. (4) Nonconforming Uses (a) Regulation Not Retroactive The regulations prescribed by this code shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of October 15, 1978, (b) Marking and lighting The owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance of such markers and lights as shall be deemed necessary by the City to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the City. (5) Permits (a) Future uses No material change shall be made in the use of the land, and no structure or tree shall be erected, altered, planted or otherwise established in any airport hazard district zone hereby created unless a permit has been applied for and granted by the City. (1) However, a permit for a tree or structure of less than seventy-five (75) feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred (4,200) feet from each end of the runway except when such tree or structure, because of the terrain, land contour or topographic feature, would extend above the height limit prescribed for the respective zone. (2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescrihed. If such determination is in the affirmative, the permit shall be granted. (b) Existing uses No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on October 15, 1976, (c) Hazard marking and lighting Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this code and to be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City, at its own expense, to install, operate and indicate to pilots the presence of an airport hazard. SECTION 3: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the addition to the Schedule of Fees (appendix one) the following fees: Application for Amendment to District Boundary - $0.00 Application for Conditional Use Permit - $0.00 Application for Nonconforming Use Permit - $0.00 SECTION 4: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the addition of a new Chapter 16. Miscellaneous Provisions that shall read as follows: CHAPTER 16. MISCELLANEOUS PROVISIONS 1601. PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER OTHER EXISTING ORDINANCES This ordinance shall not be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture, or punishment so incurred or any right accrued or claim arising before this act takes effect, save only that the proceedings thereafter shall conform to the code in force at the time of the proceedings, so far as prmcticable. This section extends to all repeals, either by express words or implfcmtion. Nothing in this section, or any section of this code, shall be construed as abating any action now pending under or by virtue of any ordinance of the City herein repealed; or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any code in force at the time of passage of this code. 1602. PENALTY FOR VIOLATIONS Any person or corporation violating any of the provisions of this Code shall, upon conviction, be fined any sum not exceeding one thousand dollars ($1,000.80) for each and every day that the provisions of the Code are violated and each violation shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the Code, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available by law and equity in the protection of the rights of such property owners. 1603. VALIDITY OR SAVINGS CLAUSE Each section and each provision or requirement of any section of this code shall be considered separable, and invalidity of any portion of this code shall not affect the validity or the enforceability of any other portion. SECTION 6: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this 5th day of June, 1990. THE CITY F HUNTSVILLE, TEXAS � /,/,/7 �� ��� Ad�� � ������ 4� APPRO AS TO RM: By Jane / onday, ayor