ORD 1988-10 - Flood Regulations Fed. Emerg. Mgmt. Ag. 10-01-86 Rules 06-14-1988ORDINANCE NO. 88 - 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING CHAPTER 30, COMMUNITY DEVELOPMENT, OF ITS CODE OF
ORDINANCES; ADOPTING THE FLOOD DAMAGE PREVENTION ORDINANCE
PROMULGATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AS OF
OCTOBER 1, 1986; MAKING FINDINGS RELATED THERETO, PROHIBITING
CERTAIN ACTIVITIES IN FLOOD HAZARD AREAS; PROVIDING A PENALTY OF UP
TO $200 PER DAY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING
REPEALING, SAVINGS, AND SEVERABILITY PROVISIONS; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS the Federal Emergency Management Agency insists that the City of
Huntsville, Texas, amend its development code to continue participation in the
National Flood Insurance Program; and
WHEREAS the City desires to remain a participating community in the NFIP;
NOW, THEREFORE,
Be it ordained by the City Council of the City of Huntsville, Texas, that:
Section 1: Chapter 30, Community Development, of the Code of Ordinances of
the City of Huntsville, Texas, is amended by revision of the City
of Huntsville Development Code, and Chapters 1, 3, 4, and 14 of
the Development Code are amended to read as follows:
CHAPTER 1. GENERAL ADMINISTRATION
100. TITLE
This code shall be known as the Huntsville Development Code. In subsequent
chapters, this Development Code may be referred to as the 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 COMMISSION
102.1 Creation, Appointments, Memberships
(1) There shall be a City Planning Commission consisting of seven (7)
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 Chairman or by a
majority of the Commission qualified.
(2) The Commission shall elect a Chairman who shall serve as presiding
officer of the Commission for a period of one year. The Chairman
shall vote in all matters considered by the Commission.
(3) The Director of Planning shall serve as ex officio 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. HARDSHIP RELIEF PROCEDURES
103.1 Types of Relief Requests
(1) A hardship may exist which necessitates the granting of a variance
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 to make findings
in compliance with the criteria set forth in this section, and to
avoid conflict with the Comprehensive Plan.
(2) A decision on issuance of a development permit may be appealed to
the Commission by a developer by filing an appeal with the City
within ten working days of the decision. The notice of appeal
shall indicate the nature of the interpretation that is being
appealed. The matter at issue will be a determination of the
appropriateness of the interpretation of the requirements of the
Code. The appealing party assumes the responsibility of all
required notification procedures (see section 103.3).
(3) Final determination of a hardship relief decision is vested in the
Commission as provided for in this section.
103.2 Responsibility of the Commission
(1) The Commission shall have the following powers:
(a) To hear and decide appeals 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.
(b) To authorize hardship relief from the terms of the Code.
(2) In exercising their powers the Commission 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 Commission 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 developer, nor could the condition or
circumstances be corrected or avoided by the developer.
(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 developer of rights commonly enjoyed by other
properties under the terms of this Code and would work
unnecessary and undue hardship on the developer.
(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, the Commission may prescribe
appropriate conditions and safeguards 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.
103.3 Hearing Procedures
(1) A public hearing shall be held on the request for hardship relief
at the next available Commission meeting after submittal of the
request.
(2) The developer shall provide adequate notice of the public hearing
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 developer shall provide satisfactory evidence to the
Commission of mailing the required notice to the adjacent
property owners. Mailed notice shall be given at least 15
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 developer 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.
The sections of the Code that are pertinent to the
hearing procedure.
(3)
(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
Within three (3) days of filing of a request for hardship
relief, the developer shall cause to be placed on said land
a sign or signs indicating the type of relief sought and the
day and time of Commission 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.
(3) The burden of proof for approving a hardship request is upon the
developer. The more drastic the request or the greater the impact
of the proposal on the area, the greater is the burden upon the
developer. 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.
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. For a
list of the development actions permitted under the Development Permit
category, 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) Any commercial or industrial development (Commercial Building
Permit);
(2) Reclamation of Land/Drainage Improvements (Reclamation Permit);
(3) Sign Placement and Erection (Sign Permit).
(4) Land Division
(5) Construction of Public Improvements.
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 for a variance (see section 103).
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.
(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.
(1) Form
The site plan shall provide the following information:
(1) The date, scale, north point, 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 existing and 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.
105. COMMERCIAL OR INDUSTRIAL DEVELOPMENT
105.1 Permit Required
(1) Any person who erects, alters, changes, converts, moves, or
repairs any commercial or industrial building or structure shall
obtain a Development Permit from the City. Altering, changing and
converting shall apply to both the use of the lot or the
structures and any modifications to the structures.
(2) Issuance of a permit shall indicate that the plans for the
development comply with this code and any restrictions relating to
the use of the land.
(3) When a developer has complied with the local ordinances relating
to the commercial building permits, the City shall issue a permit
for construction or repair, which conforms with all restrictions
relating to the use of the property.
(4) Any commercial building permit obtained without full compliance
with this chapter, is void.
(5) A person commits an offense if he constructs, repairs or remodels
a commercial building or converts a single family residence into a
commercial building without a commercial building permit.
105.2 Home Occupations
(1) 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) 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) To obtain approval for the establishment of 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.
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
(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 1106 (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.
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.
(3)
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) 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 Corrections), 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 no 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
such 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.
108. LAND DIVISION
108.1 Permit Required
A person (developer) 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 City. For purposes of this section, the application for
preTiminary 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 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.
(1) 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 easements. 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.
(2) A general location map of the tract showing the entire
watershed ( a USGS quadrangle is satisfactory).
(3) 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.
(4) 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 110).
(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
(1) 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.
(2) 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.
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.
(3)
(4) 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. CODES AND STANDARDS
110.1 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) 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).
(9) The Standard Fire Prevention Code; (SBCC).
110.2 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.
CHAPTER 3. WATER AND SEWER EXTENSIONS
300. EXTENSION OF WATER AND SEWER LINES
300.1 Purpose
The purpose of this chapter is to establish a policy for the City regarding
extension of sanitary sewer and water lines and for the sewer and water
service connections to such extensions. It is not the intention of this
chapter to obligate, and the City shall not be obligated to participate in or
proceed with any construction covered by this chapter when funds are not
available or when, in the discretion of the City, the construction is not
practical. It is not the intention of this chapter to limit the right of the
City to extend sanitary sewer or water lines at its own cost and collect the
charges herein set forth from the applicants for sewer or water service, and
such right is herein reserved.
300.2 General Rules for Extensions
The City shall own all sewers and water lines, including service connections,
connected to its system. Water lines and sanitary sewer lines will be extended
in accordance with the following procedures:
(1) Sanitary sewers and water lines of proper size (see chapters 8 and
9) will be extended by the City in public easements and streets
according to the following rules:
(a) For the first three hundred (300) feet of the extension (not
including the width of the street intersections and alleys),
the lot owner requesting extension shall pay single pro rata
for the distance of the extension. This pro rata is
reimbursable as provided in section 301, except for the pro
rata paid on the owner's front footage (see section 301.2).
(b) For the remainder of the extension required to install the
sewer or water line across the total width of the lot of the
owner requesting extension, the lot owner shall pay double
pro rata. This pro rata is reimbursable as provided in
section 301, except for the pro rata paid on the owner's
front footage (see section 301.2).
(c) Should the lot owner requesting extension require a sewer or
water line in excess of the size required by the City, the
owner shall pay all additional costs for the oversized sewer
or water line.
(d) In addition to the payments specified above, the lot owner
or customer must pay the appropriate service connection
charges before service connections can be made.
(e) Should the City require sewer or water line extensions (off
site or onsite) larger in size than required by the
applicant, the City shall pay for that portion of material
cost over and above such requirements. Also, due allowance
shall be made to the owner of the development for
intersections and alleys crossed, outside the development.
(f) No construction shall be scheduled nor begun by the City
until all extension charges have been paid to the City.
(2) The owner of a development shall pay for and install all sewer and
water lines and necessary appurtenances within the boundaries of
the development (on-site improvements). Lift stations required by
the development within its boundaries shall be paid for and
installed by the owner of the development. Water and sewer lines
extended outside (off-site) or adjacent to the boundaries of the
development by the developer may receive reimbursement according
to the provisions of this chapter.
301. Charges for Sewer and Water Service
Where an extension has occurred according to section 300, an applicant for
water and /or sewer service shall pay pro rata on the cost of the applicant's
front footage in addition to the service connection charge before connection
is made to the sewer or water line. If the sewer or water line is within a
development, however only the service connection charge shall be paid.
301.1 Reimbursement
(1) Owners of lots or developments who participate under this policy
in the cost of sewer or water line extensions to their lots or
sites are eligible for certain reimbursement of such cost, as
specified herein, from the City. Except as provided in (2) below,
such owners are eligible for reimbursement to be made from pro
rata collected by the City from connections to the sewer extension
or water line extension during the period of ten (10) years after
completion of the extension, according to the following rules
established below.
(a) No reimbursement shall be made to a lot owner for the
owner's front footage pro rata (see section 301.2). No
reimbursement shall be made to a development owner for the
cost of sewers or water lines within the boundaries of the
development.
(b) Eligible reimbursement payable under this chapter shall be
paid within thirty (30) days after receipt of such sum by
the City from an assessed party.
(c) A lot owner will be reimbursed one -half (1/2) the amount of
pro rata collected from connections to that portion of the
first three hundred -foot section provided for in section
300.2 (1)(a) above, up to the boundary of the owner's lot.
(d) A lot owner will be reimbursed the amount of double pro rata
collected from connections to extensions in excess of the
three hundred foot section provided for in section 300.2
(1)(a), up to the boundary of the owner's lot.
(e) A lot owner will be reimbursed the amount of single pro rata
collected for connections from owner's opposite frontage.
(f) Owners of developments will be reimbursed the amount of pro
rata collected from connections to boundary sewers and
boundary water lines for which they have made payment.
(g) An owner will never be paid more than one hundred (100) per
cent of the amount actually paid by such owner for
extensions along frontage other than his own property.
(h) No reimbursements shall be made by the City to an owner
after the end of the ten-year period of eligibility.
(2) In addition to the reimbursements provided for above, the owner of
a lot used for an industrial or commercial establishment, who has
paid additional costs for oversized water lines, as provided in
section 300.2 (1)(c), shall be eligible for additional
reimbursement from water revenues from the said water line
extension, in the amount of (40) per cent of the annual gross
revenue of the commercial/industrial establishment, for a period
of five (5) years from the date of completion of the extension,
provided that the additional reimbursement shall never exceed
eighty (80) per cent of the total additional cost of the
extension.
301.2 Owner's Front Footage
For purposes of determining pro rata charges to be paid by the owner of a lot
for sewer service or water service and for which there will be no
reimbursement, the owner's front footage shall be determined as follows:
(1) A regular lot is generally rectangular in shape. Front footage of
a regular lot shall be the length of the front lot line.
(2) An irregular lot is any lot of a nonrectangular shape, except the
radial lot defined below. The front footage of an irregular lot
shall be equal to one front foot for each one hundred twenty-five
(125) square feet of lot area, but shall never exceed the maximum
measured width of the lot at any depth of the lot, parallel to the
street line.
(3)
A radial lot is a lot abutting a curved street and in general
having sides which are radial to the street. Front footage of a
radial lot shall be measured as the chord distance at a point
twenty-five (25) feet from the front lot line.
(4) A corner lot is a lot situated on the corner of a block having
more than one side facing a street. Front footage shall be
measured along the side of the lot to which the service connection
is made.
CHAPTER 4. DEVELOPMENT DISTRICTS
401. ESTABLISHMENT OF DISTRICTS
The City of Huntsville, Texas is hereby divided into the following general
districts: Downtown and Management. 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.
402. Description of Districts
402.1 Downtown District (Fire District)
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. The district is established as follows:
BEGINNING at the intersection of the east line of
Avenue M and the south line of 10th Street;
THENCE easterly along said south line of 10th Street to
the west line of Avenue J;
THENCE southerly along said west line of Avenue J to
the north line of 13th Street;
THENCE westerly along said north line of 13th Street to
the east line of Avenue M;
THENCE northerly along east line of Avenue M to the
point of beginning.
402.2 Management District
The Management District is the principal district in the City. All land
not specifically designated within the Downtown 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.
403. Overlay Districts
403.1 Flood Hazard District
(1) Designation of Floodplain 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) A11 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 in i tration 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
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.
(including basement),
(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 subsection. A
record of such certification which 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 on
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.
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
round anchors. This re uirement is in addition to
applicable State and local anchoring requirements for
resisting wind forces.
All manufactured homes shall be in compliance with
403.1 (3)(a).
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 suc
that the lowest floor of the manufactured home is at
or above the base flood elevation; and be securely
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.
(b) The developer of subdivisions including manufactured home
arks 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
is greater than 50 lots or 5 acres, whichever is lesser,
if not otherwise ovided u suant to section 403.1
or else here 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 (A0/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
includin' basement elevated above the hi hest ad'acent
rade at least as h h as the de h number s.ecified in
feet on the cit, FIRM at least two feet if no depth
number is specifie
(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
spejfied), 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)(a) 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).
(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).
* Re'uire that no
1M
be
when a
•
new construction
includin fill
he Cit
subs antial
ovemen s or other devel
ermitted within Zones Al-
e ula o flood a has
is demonstrated that the cumulative effect of the
o ment when combined with al other
an lc' a ed develo en
Face elevation of the base
o'n h n the communi .
0$ en
0 and AE on
not been des
nae
sha
s FIRM
unless
it
ro osed
exis in, and
the water sur
one foot at an
•
d
eve
1_9111_Enrflir---.ocedures
A develoser ma a ea
has been
nation in
a n hazard
shall be
ned in sec
there
deter
ood
a
IS
ea
conta
a iances shall not be issued within an desisnated floodwa
an increase in flood levels dur n• the base flood discharle would
result. P e e uls es for •rantin variances are:
e decision of the C
e u re en dec
o administration o
ions. The erocedure o
hardshie re ief •rocedu
not nc
ood
ease
ore than
hen is a e
an error in an
he en o cemen
district 're
accordin to
ion 103 of this code.
•
ulat
th
on
ed
0
r
he
an
es
Variances shall on
the va riance is the minimUm necess
rd relief.
_Oa Variances shall onl be issued u on
a determination
be issued u
on a determination that
he
ar
the 1
and sufficient cause; 12 that fal u e to
ant the variance would result n exce t ona hardsh $ o
the alil ca and a determination that he eran ins
of a variance will not result in increased ood hei h s
additiona h eats to •ub ic sa e extraordinar •ublic
ex create nuisances cause fraud on or vic 1 za on
of •ublic o conflict with exis in local a s or
consider n
sh owi n
a
ood
erase
d
nances.
An a$, cation to whom a variance is • anted shall be
•ven written no ce that the structure will be •ermitted
to be built with the owest oo e evat on be ow he base
flood elevation and that the cos of flood insurance will
be commensu rate with the increased risk esultin o he
Variances
substantial
the conduc
criteria ou
the s
uc
inimize
tional
adds
a
m
0
be
ove
a
anted b the Ci
en
unc
ined in
othe
s and for
de
tiona
sections 10
develo
1
e
0
flood dama
s to
es
threa ub ic sa et .
du
n
or new construction and
other develo
endent use
and 403.
rotec
ent necessa
rovided that
the
s • ed b methods that
no
en
he base f ood and create
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);
(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;
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 airport.
(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, 1976.
(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 prescribed. 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.
404. DESIGNATION OF ANNEXED PROPERTY
Territory annexed to the City shall be designated in the management district.
405. 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
(5)
location of such streams, creeks, or other water courses, the
boundary line shall be construed as moving with the channel
centerline.
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.
406. 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.
(1) Residential Uses
Residential uses may include single-family housing, multifamily
developments, or mobile home developments, and can accommodate a
variety of dwelling unit types. General standards for residential
uses are in Section 502.
(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.
TABLE 4-1
ALLOWABLE USES
GENERAL SIC GROUP DISTRICTS
LAND USE DESCRIPTION DOWNTOWN MANAGEMENT
CATEGORIES
Residential * P P
Governmental * P P
Public Utilities P P
Agriculture 01 - 09 P
Mining or Dwelling 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 P P
Wholesale Trade 50 - 51 P P
Retail Trade 52 - 59 P P
Finance, Insurance,
and Real Estate 60 - 67 P P
Services 70 - 89 P P
* Not included in Standard Industrial Classification Code (SIC)
P Permitted or allowable Uses
CHAPTER 15. DEFINITIONS
Accessory Building - A building or structure customarily incidental and
subordinate to the principal structure and located on the same lot as the
principal building.
Agriculture - Any land or building used for pasturage, floriculture, dairying,
horticulture, forestry, and livestock or poultry husbandry.
Airport - means the Huntsville Municipal Airport.
Airport Elevation - the highest point of an airport's usable landing area
measured in feet from mean sea level.
Airport Hazard - any structure or object of natural growth located on or in
the vicinity of a public airport, or any use of land near such airport, which
obstructs the airspace required for the flight of aircraft in landing or
takeoff at such airport or is otherwise hazardous to such landing or takeoff
of aircraft.
Alley - A legally established private access easement affording a secondary
means of vehicular access to abutting property and not intended for general
traffic circulation.
Alterations - Any change, addition or modification in construction or type of
occupancy; any change in the structural members of a building, such as walls
or partitions, columns, beams or girders; or any change which may be referred
to herein as "altered" or "reconstructed".
Apartment - A dwelling unit in a "multiple family dwelling" as defined
herein.
Appeal - Means, for the purpose of flood hazard regulation a request for a
review of the Flood Plain Administrator s interpretation o any provision of
this code or a request for a variance. --
Approach - Transitional, horizontal and conical zones. These zones apply to
the area under the approach, transitional, horizontal, and conical surfaces
defined in FAR Part 77.
Area of Shallow Flooding - means a designated AO, AH, or VO zone on a
communiqs Flood Insurance Rate Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average depth of one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Area of Special Flood Hazard - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. The area may be designated as Zone A on the Flood Hazard Boundary Map
FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO,
A1-99, VO, V1-30, VE or V.
As Built Drawings - plans prepared by a registered professional engineer and
certifying that the public improvements are constructed as shown.
Base Flood - means the flood having a one percent chance of being equaled or
exceeded in any given year.
Berm - A man-made, formed, earth mound of definite height and width used for
obscuring purposes; the intent of which is to provide a transition between
used of differing intensity.
Block - a tract or parcel of land designated as such on a subdivision plat
surrounded by streets or other physical obstructions.
Boundary Sewer Line - A sewer line installed in a street bounding a
development or faced on only one side by a development, which can also serve
property not included in the development on the opposite side of the street.
Boundary Water Line - A water line, installed in a street bounding a
development or faced on only one side by a development, which can also serve
property not included in the development on the opposite side of the street.
Buffer Yard - A strip of land, including any specified type and amount of
planting or structures which may be required to protect one type of land use
from another, or minimize or eliminate conflicts between them.
Building - See definition in Building Code.
Building Height - The vertical distance measured from the established grade
to the highest point of the roof surface for flat roofs; to the deck line of
mansard roofs; and to the average height between eaves and ridge for gable,
hip, and gambrel roofs. Where a building is located on a sloping terrain, the
height may be measured from the average ground level of the grade at the
building wall.
Building Line - A line parallel to the front lot line. A minimum building
line is the same as the minimum required front setback line.
Building, Principal - A building in which is conducted the main or principal
use of the lot on which said building is located.
Certificate of Compliance - A certificate issued by the City to a party or
parties intending to initiate any work or change any use of property in the
City.
Church - A building wherein persons regularly assemble for religious worship
and which is maintained and controlled by a religious body organized to
sustain public worship, together with all accessory buildings and uses
customarily associated with such primary purpose.
City - The City of Huntsville, Texas.
Club - An organization of persons for special purposes or for the promulgation
of sports, arts, science, literature, politics or similar activities, but not
operated for profit and open only to members and not the general public.
Commercial Building - any building other than a single family residence
Condominium - See unified development.
Critical Feature - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire
system would be compromised.
Development - means, for the purpose of flood hazard re2ulation, any man-made
change in improved and unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
Developer - any person who improves or subdivides a tract of land or improves
or takes any action preparatory to the erection improvement or movement of
any building or structure on a tract of land.
Density - the average number of dwelling units per acre for the entire
development, including streets.
District - An area of land for which there are uniform regulations governing
the use of buildings and premises, density of development, yard requirements
and height regulations.
Dwelling, Multiple Family - A building used or designed as a residence for
three or more families living together independently of each other.
Dwelling, Single Family - A detached building, designed for or occupied
exclusively by one family.
Dwelling, Two Family - A detached building, designed for or occupied by two
families living independently of each other.
Dwelling Unit - One or more rooms with bathroom and principal kitchen
facilities designed as a self contained unit for occupancy by one family for
living, cooking and sleeping purposes.
Erected - The word "erected" includes built, constructed, reconstructed,
moved upon, or any physical operations on the premises required for the
building. Excavations, fill, drainage, and the like, shall be considered a
part of erection.
Elevated Building - means a non basement building (i) built, in the case of a
building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or in the case of a building in Zones V1-390, VE, or V,
to have the bottom of the lowest horizontal structure member of the elevated
floor elevated above the ground level by means of pilings, columns (posts and
piers), or shear walls parallel to the floor of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of Zones A1-30,
AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case
of Zones V1-30, VE, or V, " elevated building" also includes a building
otherwise meeting the definition of "elevated building ", even though the lower
area is enclosed by means of breakaway walls if the breakaway walls meet the
standards of Section 60.3 (e)(5) of the National Flood Insurance Program
regulations.
Excavation - Any breaking of ground, except common household gardening,
general farming and ground care.
Existing Construction - means, for the purpose of flood hazard regulation and
for the purposes of determining flood insurance rates, structures for which
the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing
construction" may also be referred to as "existing structures."
Family - An individual, or two or more persons related by blood, marriage, or
adoption, or parents along with their direct lineal descendants, and adopted
or foster children (including domestic employees) or a group not to exceed two
persons not related by blood or marriage, occupying a premises and living as a
single housekeeping unit with single cooking facilities. Every additional
group of two or less persons living in such housekeeping unit shall be
considered a separate family. Said definition shall not apply in instances of
group care centers, or licensed residential facilities.
Filling - The depositing or dumping of any matter into or onto the ground
except common household gardening and general maintenance.
Flag Lot - A lot which has minimum frontage on a public, which is reached via
a private drive or lane whose width some distance back from the street right -
of -way, meets all ordinance requirements.
Flood or Flooding - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1 ) the overflow of inland or tidal waters.
(2 ) the unusual and rapid accumulation or run -off of surface waters from any
source.
Flood Insurance Rate Map (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary - Floodway
Map.
Floodplain or Flood -Prone Area - means an land area susceptible to being
inundated by water from any source (see definition of flooding).
Floodproofing - Any combination of structural and nonstructural additions,
changes or adjustments to structures that reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities,
structures and their contents.
Flood Protection System - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of
the areas within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such as system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with
sound engineering standards.
Floodway (Regulatory Floodway) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
Functionally Dependent Use - means for the purpose of flood hazard regulation,
a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
Grade - A ground elevation established for the purpose of controlling the
number of stories and the height of any structure. The building grade shall
be determined by the level of the ground adjacent to the walls of any
structure if the finished grade is level. If the ground is not level, the
grade shall be determined by averaging the elevation of the ground for each
face of the structure.
Habitable Floor - means for the purpose of food hazard regulation,any floor
usable for the following purposes; which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor used for storage
purposes only is not a "habitable floor."
Half-Street - a vehicular access-way created if only a portion of the
required right-of-way width or pavement width is dedicated and/or constructed.
Highest Adjacent Grade - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Industrial - a business, plant or enterprise for production of goods,
merchandise, or machines.
Levee - means a man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain,
control, or divert the flow of water so as to provide protection from
temporary flooding.
Levee System - means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering practices.
Lot - an undivided tract or parcel of land having frontage on a public street
and which is, or in the future may be offered for sale, conveyance, transfer
or improvement.
Lot Depth - the distance on a horizontal plane between the midpoint of the
front lot line and the midpoint of the rear lot line.
Lot Lines - The lines bounding a lot as defined herein:
(a) Lot Line, Front: For interior lots, a line separating the lot
from the street; for corner lots, a line separating the narrowest
street frontage of the lot from the street, except in those cases
where the deed restrictions specifies another line as the front
lot line. In all cases the front lot line of a non-residential lot
shall be that side adjacent to the highest volume street.
(b) Lot Line, Rear: A lot line opposite and most distant from the
front lot line.
(c) Lot Line, Side: Any lot line not a front line or rear lot line.
Lot of Record - A lot which is, (1) part of a platted subdivision, the plat of
which is recorded in the office of the County Clerk, or (2) a parcel or lot
office of the County Clerk prior to March 1, 1982; or (3) a lot which is part
of an approved Boundary Line Adjustment, the plat of which is filed with the
City.
Lot Width - the distance on a horizontal plane between the midpoint of the
side lot lines.
Lowest Floor - means for the purpose of flood hazard regulation, the lowest
floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a
buildings lowest floor; provided that such enclosure is not built so as to
render The structure in violation of the applicable non-elevation design
requirement of Section 60.3 of the National Flood Insurance Program
regulations.
Manufactured Home - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For flood
plain management purposes the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for
greater than 190 consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel trailers, and other
similar vehicles.
Marquee - A roof-like structure of a permanent nature projecting from the
wall of a building.
Mean Sea Level - means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a communitt_s Flood Insurance Rate Map are
referenced.
Mobile Home - A movable or portable dwelling structure which is constructed to
be towed on its own chassis, is capable of being connected to public
utilities, and is designed for year-round living as a single-family dwelling
unit without the necessity for a permanent foundation. The term "mobile home"
shall not include pick-up campers, travel trailers, motor homes, converted
buses, tent trailers, or other transportable structures designed for temporary
use (see also manufactured house).
Mobile (Manufactured) Home Park - A mobile (manufactured) home park is a
parcel of land under single ownership on which two (2) or more mobile
(manufactured) homes are occupied as residences. Any mobile (manufactured)
home facility where two or more units are intended for long-term residential
use (beyond ninety (90) days) is considered a mobile (manufactured) home park
for purposes of applying development standards.
New Construction - means for flood plain management purposes, structures for
which the "start of construction" commenced on or after the effective date of
a flood plain management regulation adopted by a community.
Nonconforming Building (Nonconforming Structure) - A building or structure (or
portion thereof) lawfully existing at the time of adoption of this Code or
subsequent amendment thereto, that does not conform to the provisions of this
Code relative to height, bulk, area, placement or yards for the district in
which it is located.
Nonconforming Use - The use of a building or structure or of a parcel of
tract of land, lawfully existing at the time of adoption of this Code or
subsequent amendment thereto, that does not conform to the regulations of the
district in which it is situated.
Nonprecision Instrument Runway - means a runway having an existing instrument
approach procedure utilizing air navigation facilities with only horizontal
guidance, or area type navigation equipment, for which a straight-in
nonprecision instrument approach procedure has been approved or planned, and
for which no precision approach facilities are planned or indicated on an FAA
planning document or military service's military airport planning document.
Owner - Any owner, authorized agent or contractor who constructs, enlarges,
alters, repairs, moves or changes the occupancy of a building or structure.
Owner's Front Footage - the pro rata amount of the cost of a water or sewer
line extension that is not reimbursable to the person requesting the
extension.
Pavement Width - the portion of the surface of the street available for
vehicular traffic; if curbed, it is that portion of street between back of
curb and back of curb.
Planned Unit Development (PUD) - see unified development.
Person - an individual, firm, partnership, corporation, company, association,
joint stock association or governmental entity. It includes a trustee,
receiver, assignee or similar representative of any of them.
Primary Surface (Airport Runway) - means a surface longitudinally centered on
a runway. When the runway has a specially prepared hard surface, the primary
surface extends two hundred (200) feet beyond each end of that runway; but
when the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The width of the
primary surface of a runway will be that width prescribed in Part 77 of the
Federal Aviation Regulation (FAR) for the most precise approach existing or
planned for either end of that runway. The elevation of any point on the
primary surface is the same as the elevation of the nearest point on the
runway centerline.
Principal Use - The main use to which the premises are devoted and the
principal use for which the premises exist.
Private Street - a vehicular access way under private ownership and
maintenance providing access to building units in the interior of a lot.
Pro Rata - "Pro rata" is the charge per front foot of abutting land to be paid
by the lot owner or owner of a development to aid in defraying the cost of
supplying sewer service or water service to his lot or site.
(a) Single pro rata - The charge based on the front footage of
abutting land on only one side of the street or easement.
(b) Double pro rata - The charge based on the front footage of
abutting land on both sides of the street or easement.
Public Street - a public right -of -way, however designated, dedicated or
acquired, that provides vehicular access to adjacent private or public
properties.
Public Utility - Any person, firm or corporation, municipal department, board
or commission duly authorized to furnish and furnishing under federal, state
or municipal regulations to the public; gas, steam, electricity, sewage
disposal, communication, telephone, telegraph, transportation or water.
Recreational Vehicle (RV) - a camp car, motor home, pick up coach, travel
trailer, tent trailer or other portable structure, with or without motive
power, designed and used for human habitation for recreational occupancy.
Recreational Vehicle (RV) Park - an area set aside and offered by any person
for the parking and accommodation of two (2) or more recreational vehicles.
Reserve - a tract of land created within a subdivision plat that is
not divided into lots or proposed for development at the time of platting.
Residential - a tract of land designed for or used exclusively to contain a
dwelling unit or units. A "primary residential area" shall mean a street or
streets in which a majority of the total front footage is used for residential
purposes.
Right -of -way - A street, alley, or other thoroughfare or easement permanently
established for passage of persons, vehicles, or the location of utilities.
The right -of -way is delineated by legally established lines or boundaries.
Runway - A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
Setback - The minimum unoccupied distance between the lot line and the
principal and accessory buildings, as required herein.
Setback, Front - The minimum unoccupied distance, extending the full lot
width, between the principal and accessory buildings and the front lot line.
Setback, Rear - The minimum required unoccupied distance, extending the full
lot width, between the principal and accessory buildings and the lot line
opposite the front lot line.
Setback, Side - The minimum required unoccupied distance, extending from the
front setback to the rear setback, between the principal and accessory
buildings and the side lot line.
Sign - Any device including words, numerals, figures, designs, pictures or
trademarks painted upon or otherwise affixed to a building, wall, board, or
any structure, so as to inform or attract attention.
Site Plan - A plan showing all salient features of a proposed development, so
that it may be evaluated in order to determine whether it meets the provisions
of this Code.
Start of Construction - for flood plain management purposes (other than for
new construction or substantial improvements under the Coastal Barrier
Resources Act (Public Law 97-348)), shall include substantial improvement and
means that the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, placement, or other improvement was
within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab, or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include
excavation for basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or part of the main structure.
Street: Expressways - roads intended to serve interstate or high speed, high
volume urban traffic. Access to expressways is limited to other expressways
and major streets.
Street: Arterial - roads of regional importance or the main roads of a
community. Direct access is primarily limited to significant land uses.
Street: Collector - provides access to nonresidential land uses and
connects residential streets to the system's arterial streets.
Street: Local - provides access to adjacent land. Characterized by a small
service and low speeds.
Structure - See Building Code
Structure - for flood plain management purposes, means a walled and roofed
building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Subdivision Plat - a map or drawing of a proposed subdivision prepared in a
manner suitable for recording in the County records and containing accurate
and detailed engineering and survey data, dimensions, dedicatory statements
and certificates.
(1) Preliminary Plat - See Section 203.1
(2) Final Plat - See Section 203.4
Substantial Improvement - means, for flood plain management purposes any
repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50% of the market value of the structure either, (1) before
the improvement or repair is started, or (2) if the structure has been damaged
and is being restored, before the damage occurred. For the purpose of this
definition "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include either (1)
any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or (2) any alteration of a
structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Unified Development - the separate ownership of single units or apartments
in a multiple unit structure or structures with common elements. (See Tex.
Rev. Civ. Stat. art. 1301a)
Utility Runway - a runway that is constructed for and intended to be used by
propeller driven aircraft of twelve thousand five hundred (12,500) pounds
maximum gross weight and less.
Variance - is a grant of relief to a person from the requirements of this code
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development is a manner otherwise
prohibited by this code. (For flood plain management purposes, see Section
60.6 of the National Flood Insurance Program regulations for full
requirements.)
Violation - means, for flood plain management purposes, the failure of a
structure or other development to be fully compliant with the community_s
flood plain management regulations. A structure or other development without
the elevation certificate other certifications or other evidence of
comuliance re wired in Section 60.3
e 4 or e 5 is presumed to be in violation until such time as tha
documentation is provided.
Watercourse - a definite channel of a stream in which water flows within a
defined bed and banks, originating from a definite source or sources. (The
water may flow continuously or intermittently, and if the latter, with some
degree of regularity, depending on the characteristics of the sources.)
Water Surface Elevation - means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified, of
floods of various magnitudes and frequencies in the flood plains of coastal or
riverine areas.
Section 2: Any person, firm, or corporation violating any provision of this
Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine
of up to Two Hundred Dollars ($200.00) upon conviction. Each day
during or upon which said person shall violate or continue
violation of any provision of this Ordinance or non-compliance
with any requirement of this Ordinance shall constitute a distinct
and separate offense. The violation of any provision of this
Ordinance or the failure to comply with the requirement of this
Ordinance shall each constitute a distinct and separate offense.
Section 3: The City Secretary is hereby directed to submit a certified copy
of this revised ordinance to the Federal Emergency Management
Agency immediately.
Section 4: 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 under the former
ordinance, or in any way whatever to affect any such offense or
act so committed or so done, or 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 ordinance in force at the time of
the proceedings, so far as practicable. This section extends to
all repeals, either by express words or implication. Nothing in
this section, or any section of this ordinance, 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 ordinance in force
at the time of passage of this ordinance.
Section 5: Where there exists a conflict between any of the regulations or
limitations prescribed by this ordinance and any other regulations
applicable to city development, whether the conflict be with
respect to zoning, building regulations, subdivision regulations
or any other matter, the more stringent limitation or requirement
shall govern and prevail.
.i
Section 6: Each section and each provision or requirement of any section of
this ordinance shall be considered separable, and the invalidity
of any portion of this ordinance shall not affect the validity or
the enforceability of any other portion.
Section 7: 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
DeShaw, City Secretary
APPROVED AS TO FORM:
nds, City Attorney
day of
1988.
THE CI Y OF HUNTSVILLE, TEXAS
By
J
Monday, Mayor