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ORD 1986-15 - Development CodeORDINANCE NO. 86 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 30, COMMUNITY DEVELOPMENT OF ITS CODE OF ORDINANCES; ALSO AMENDING CHAPTER 3, AIRCRAFT AND AIRPORTS, CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 118, MANUFACTURED HOMES AND RECREATIONAL VEHICLES, AND CHAPTER 17, WATER AND SEWERS, OF THE HUNTSVILLE CODE OF ORDINANCES; ESTABLISHING OR REDESIGNATING THE DOWNTOWN, MANAGEMENT, FLOOD HAZARD, AND AIRPORT HAZARD DISTRICTS; ALTERING PLANNING COMMISSION PROCEDURES FOR CONDUCT OF ITS MEETINGS; PROHIBITING THE SUBDIVISION OR DEVELOPMENT OF LAND WITHOUT A PERMIT; REQUIRING DEVELOPMENT PERMITS FOR DEVELOPMENT OR CONSTRUCTION IN THE CITY OR ITS EXTRATERRITORIAL JURISDICTION; MODIFYING THE FORMS USED IN THE SUBDIVISION PROCESS; REQUIRING A CITY PERMIT FOR DEVELOPMENT, RECLAMATION IMPROVEMENTS; REGULATING CONSTRUCTION OF PUBLIC IMPROVEMENTS; ESTABLISHING LOT STANDARDS FOR SUBDIVISION; REGULATING AND RESTRICTING TELEVISION, RADIO AND MICROWAVE TELECOMMUNICATION EQUIPMENT; ESTABLISHING STREET SYSTEM AND PUBLIC EASEMENT STANDARDS; ESTABLISHING CRITERIA FOR WATER, SANITARY SEWER, AND STORM DRAINAGE FACILITIES; REGULATING AND RESTRICTING SIGNS; REGULATING AND REQUIRING LANDSCAPING, BUFFERYARDS, PARKS AND OPEN SPACES IN DEVELOPMENTS; REGULATING AND REQUIRING OFFSTREET PARKING; ALTERING THE VARIANCE PROCEDURE REGARDING LANDSCAPING AND OFFSTREET PARKING; REGULATING AND RESTRICTING DRIVEWAYS AND ACCESS TO STREETS; ESTABLISHING MONUMENTATION AND DRAFTING STANDARDS; DEFINING WORDS AND TERMS USED IN THIS ORDINANCE; PROVIDING A PENALTY OF UP TO $200 PER DAY FOR EACH VIOLATION OF THIS ORDINANCE; REPEALING ORDINANCES INCONSISTENT WITH THESE AMENDMENTS; PROVIDING A SAVINGS AND SEVERABILITY PROVISION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. 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 hereby amended by the deletion of Chapter 30 as it presently exists, and by the adoption of a new Chapter 30, Community Development, which is attached hereto as exhibit A, and is made a part hereof for all intents and purposes. SECTION 2: Chapter 3, Aircraft and Airports, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the deletion of Articles I and II. It is specifically provided, however, that Ordinance No. 76 -20 is not repealed by this ordinance. SECTION 3: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Article II. Flood Hazard Area Regulations, Article III. Offstreet Parking and Loading, Article V. Landscaping Requirements, Article VI. Setback Requirements, and Article VII. Restrictions Affecting Commercial Buildings. SECTION 4: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 6- 1(A)(11) as presently constituted and by the adoption of a new Section 6- 1(A)(11) which shall read: For the purpose of this Code, the Fire District shall have the same boundaries and shall be the same as the Downtown District established by § 1.03.1(1) of the Development Code (Chapter 30). SECTION 5: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the renumbering of Article IV. Demolition or Repair of Dilapidated or Substandard Buildings, containing Sections 6 -40 to 6 -48, to Article II. Demolition or Repair of Dilapidated or Substandard Buildings, con- taining Sections 6 -20 to 6 -28, respectively. SECTION 6: Chapter 11B, Manufactured Homes and Recreational Vehicles, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Chapter 11B as it presently exists and by the adoption of a new Chapter 11B that shall read as follows: Sec. 11B -1. In General. See Chapters 6 and 30 of this Code for building and community development regulations related to manufactured home developments. Sec. 11B -2. Manufactured Homes; Permits Required. (a) A person commits an offense if he connects or allows any manufactured home to be connected to any sewer, gas, water or electrical connection without first obtaining a written City permit therefor. (b) A person commits an offense if he constructs, alters or extends a manufactured home development without a permit. (c) A person commits an offense if he constructs, alters or extends a recreational vehicle (RV) park without a permit. SECTION 7: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Article III. Extension of Water and Sewer Lines. SECTION 8: 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 9: 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. SECTION 10: 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 11: 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 provison of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 12: 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 1( day of ( ,(i/�p) , 1986. HE CITY OF HUNTSVILLE, TEXAS By APPROVED AS TO FORM: saw Scott Bounds, City Attorney Monday, ayor