ORD 1986-14 - TV Tower Construction4 ,• 1
ORDINANCE NO. 86 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, PROVIDING A NINETY (90) DAY MORATORIUM ON ISSUANCE OF
CONSTRUCTION PERMITS FOR RADIO AND TELEVISION TOWERS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED THERETO; PROVIDING A
PENALTY OF UP TO $200.00 PER DAY FOR VIOLATIONS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS the City of Huntsville, Texas, is presently considering a
comprehensive development ordinance regulating buildings and
structures in the City limits and its extraterritorial jurisdiction;
and
WHEREAS the City desires to establish in said code regulations to minimize
the adverse visual effects of land uses, including towers, through
careful design, siting, and vegetative screening; and
WHEREAS the City desires to establish in said code regulations to avoid
potential damage to adjacent properties from tower failure and falling
ice through engineering and careful siting of tower structures;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The City Manager and the Building Official of the City of
Huntsville, Texas, are hereby ordered and directed not to issue any
building permits in the City for the construction, erection, movement
or extension of any television, radio or microwave tower or
telecommunications equipment accessory to such a tower.
SECTION 2: The moratorium on construction, erection, movement or extension
of any television, radio or microwave tower, or telecommunications
equipment accessory to such a tower, shall extend only until August 27,
1986, a period of ninety (90) days.
SECTION 3: The City Manager and the City Planning Director are hereby
directed to provide City Council for discussion purposes a draft of
local regulations necessary to accomplish the purposes recited in the
preamble of this ordinance by July 8, 1986.
SECTION 4: A person commits an offense if he intentionally or knowingly
constructs, erects, moves, extends or enlarges any television, radio
or microwave tower in the City.
SECTION 5: A person commits an offense if he intentionally or knowingly
constructs, erects, moves, extends or enlarges any building or
structure intended for the use or housing of telecommunications
equipment accessory to a television, radio or microwave tower.
SECTION 6: Any person, firm, or corporation violating any provisions 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 any requirement of this Ordinance shall each constitute a
distinct and separate offense.
SECTION 7: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
SECTION 8: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
SECTION 9: 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 immediately from and after
its passage by City Council; provided, however, that Sections 4, 5,
and 6 of this ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this 2.71A day of /'' %j; , 1986.
THE CITY OF HUNTSVILLE
By
ATTEST:
haw, City ecre ary
APPROVED AS TO FORM:
Scott Bounds, City Attorney
J Monday, ayor