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Huntsville City Zoning Code

ARTICLE 1

Introductory Provisions

1.100 OFFICIAL NAME (TITLE)

The official title of this document is the Development Code of the City of Huntsville, Texas. For convenience it is referred to throughout this document simply as the “Development Code.”

Effective on: 1/1/1901

1.200 AUTHORITY

The Huntsville City Council adopts this Development Code pursuant to the powers granted in the City Charter and the Texas Local Government Code, including Chapters 211 and 212.

Effective on: 1/1/1901

1.300 EFFECTIVE DATE

The provisions of this Development Code become effective on September 13, 2024, except as otherwise expressly stated.

(Ord. No. 2024-20, 09/03/2024)

Effective on: 9/13/2024

1.400 APPLICABILITY AND JURISDICTION

The provisions of this Development Code apply to all public and private development within the corporate limits of the City of Huntsville, except as provided by state or federal law or as otherwise expressly stated in this Development Code.

Effective on: 1/1/1901

1.500 PURPOSES

This Development Code is adopted for the purposes of:

  1. 1.501
    Protecting and promoting the public health, safety and general welfare; and
  2. 1.502
    Implementing the policies and goals contained in the City of Huntsville’s Comprehensive Plan and other adopted plans of the City.

Effective on: 1/1/1901

1.600 COMMENTARIES

Commentaries are sometimes included in this Development Code as a means of clarifying provisions or providing supplemental information for code users. Text marked as “commentary” has no regulatory effect. It is intended solely as a guide for administrative officials and the public.

Commentary: Commentaries will have this appearance.

Effective on: 1/1/1901

1.700 MINIMUM REQUIREMENTS

  • 1.701
    The provisions of this Development Code are the minimum requirements deemed necessary to carry out the Development Code’s stated purpose and intent.
  • 1.702
    In addition to the requirements of this Development Code, all uses and development and construction activities must comply with all other applicable ordinances, laws, regulations and standards, including but not limited to:
    1. 1.702.A
      Municipal code Chapter 12 (Buildings and Building Regulations);
    2. 1.702.B
      Construction Specifications for Public Improvements; and
    3. 1.702.C
      Standard Drawings for Public Improvements.
  • 1.703
    Compliance with this Development Code is a precondition for the issuance of any permits or approval of plats, public improvements or private improvements within the City or its extraterritorial jurisdiction.
  • 1.704
    All references in the Development Code to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the City to enforce regulations imposed by other government authorities.

    • Effective on: 2/22/2023

    1.800 INTERPRETATION

    In the interpretation and application of this Development Code, all provisions must be:

    1. 1.801
      Liberally construed in favor of the City; and
    2. 1.802
      Deemed neither to limit nor repeal any other powers granted to the City under state statutes.

    Effective on: 1/1/1901

    1.900 COMPLIANCE REQUIRED

    Except as otherwise expressly stated in this Development Code:

    1. 1.901
      Land may not be used for any purpose other than one that is allowed in the subject zoning district.
    2. 1.902
      A building or structure may not be erected, moved, reconstructed, extended, or structurally altered for any purpose other than one that is allowed in the subject zoning district.
    3. 1.903
      Buildings, structures, and land may be used and occupied only in compliance with the requirements specified in this Development Code.
    4. 1.904
      All lots created or modified must comply with all applicable regulations of the subject zoning district.

    Effective on: 2/22/2023

    1.1000 CONFLICTING PROVISIONS

  • 1.1001
    Conflict with State or Federal Regulations

    If the provisions of this Development Code are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

  • 1.1002
    Conflict with Other City Regulations

    If the provisions of this Development Code are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

  • 1.1003
    Conflict with Private Agreements and Covenants

    This Development Code is not intended to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the provisions of this Development Code impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this Development Code govern. The City is not responsible for monitoring or enforcing agreements or covenants among private parties.

    • Effective on: 1/1/1901

    1.1100 TRANSITIONAL PROVISIONS

    The provisions of this section address the transition from the previous Development Code (the one in effect before the effective date specified in Sec. 1.300) to this Development Code.

    1. 1.1101
      Applications, Permits and Approvals
      1. 1.1101.A
        Any building, development, or structure for which a building permit was issued or a complete permit application had been accepted for processing before the effective date specified in Sec. 1.300 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this Development Code.
      2. 1.1101.B
        Applications for development approvals that were submitted in complete form and are pending approval on the effective date specified in Sec. 1.300 must be reviewed wholly under the terms of the Development Code in effect immediately before the effective date specified in Sec. 1.300. Building permits may be issued for construction or development approved under this paragraph (§1.1101.B), even if such building, development or structure does not fully comply with provisions of this Development Code.
    2. 1.1102
      Violations Continue
      1. 1.1102.A
        Any violation of the previous Development Code will continue to be a violation under this Development Code and be subject to penalties and enforcement under Article 14.
      2. 1.1102.B
        If the use, development, construction or other activity that was a violation under the previous Development Code complies with the express terms of this Development Code, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in Sec. 1.300.
      3. 1.1102.C
        The adoption of this Development Code does not affect any pending or future prosecution of, or action to abate, violations of the previous Development Code that occurred before the effective date specified in Sec. 1.300.

    Effective on: 2/22/2023

    1.1200 SEVERABILITY

    If any portion of this Development Code is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the Development Code and in no way affects or diminishes the validity of the remainder of the Development Code.

    Effective on: 2/22/2023