The City Council is responsible for adopting the regulations and procedures of this Development Code, for confirming appointments to Planning Commission and Board of Adjustment and for carrying out those decision-making responsibilities expressly assigned by this Development Code, including final decision making on:

1. 13.101
   Development code text amendments (see Sec. 12.200);
2. 13.102
   Zoning district map amendments (see Sec. 12.300);
3. 13.103
   Planned development (PD) district concept plans and/or development plans (see Sec. 12.400); and
4. 13.104
   Conditional uses (see Sec. 12.800)

Effective on: 2/22/2023

1. 13.201
   Creation and Membership

   1. 13.201.A
      The Planning Commission must consist of 7 voting members appointed by the Mayor with approval of the City Council. Each member must reside in the City or in the City’s extraterritorial jurisdiction.
   2. 13.201.B
      The members of the Planning Commission are identified by place numbers 1 through 7. . Members are appointed for a term of 3 years, and serve until the end of their terms or until a successor is appointed and confirmed. Planning commission members may be reappointed.
   3. 13.201.C
      When a vacancy occurs, the Mayor, with approval of the City Council, must appoint a person to complete the unexpired term.
2. 13.202
   Operation

   1. 13.202.A
      The Planning Commission must conduct meetings, take action and operate in accordance with its adopted by-laws, this Development Code and state law.
   2. 13.202.B
      The Planning Commission must hold at least one regular meeting each month unless there is no business to conduct, in which case no meeting is required. The Planning Commission may hold special meetings at the call of the chairperson or by the call of a majority of the Planning Commission.
   3. 13.202.C
      The Planning Commission must elect a chairperson and vice-chairperson annually.
   4. 13.202.D
      The City Planner serves as ex officio (non-voting) secretary of the Planning Commission, with responsibility for keeping minutes, books, files and other records of the Planning Commission and performing other duties as are incidental to the position.
   5. 13.202.E
      A quorum, consisting of at least 4 voting members of the Planning Commission, must be present in order to conduct official business.
3. 13.203
   Responsibilities

   The Planning Commission is responsible for assisting with preparation of a Comprehensive Plan and other planning studies and advising the City Council on planning and development-related matters. The Planning Commission is also responsible for carrying out those specific review and decision-making duties assigned by this Development Code, including:

   1. 13.203.A
      Reviewing, holding public hearings and making recommendations to the City Council on:

      1. 1.
         Development code text amendments (see Sec. 12.200);
      2. 2.
         Zoning district map amendments (see Sec. 12.300);
      3. 3.
         Planned development (PD) district concept plans and/or development plans (see Sec. 12.400); and
      4. 4.
         Conditional uses (see Sec. 12.800); and
   2. 13.203.B
      Reviewing and making final decisions on (subdivision) preliminary plans and final plats, except for those minor plat matters delegated to the City Planner (see Sec. 12.707 [preliminary plans], Sec. 12.708 [final plats} and Sec. 12.706 [minor plats]); and
   3. 13.203.C
      Reviewing and making final decisions on Master Development Plans;
   4. 13.203.D
      Reviewing and making final decisions on modifications and waivers of subdivision standards (see Sec. 12.711).
4. 13.204
   Conflict of Interest

   Planning commission members must recuse themselves and not participate in any discussion or vote on any matter concerning a business entity or real property in which they have a substantial interest if:

   1. 13.204.A
      The vote or decision involving the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
   2. 13.204.B
      It is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the real property that is distinguishable from the effect on the public.

Effective on: 2/22/2023

1. 13.301
   Creation and Membership

   1. 13.301.A
      The Board of Adjustment consists of 5 voting members and 2 alternate members who may vote in the absence of regular voting members. Members are appointed by the Mayor with approval of the City Council. Each member must reside in the City.
   2. 13.301.B
      The members of the Board of Adjustment are identified by place numbers 1 through 5. The terms for places 1, 2 and 3 have terms that end in even-numbered years. The terms for places 4 and 5 end in odd-numbered years. Members are appointed for a term of 2 years. Members serve until the end of their terms or until a successor is appointed and confirmed. Members of the Board of Adjustment may be reappointed.
   3. 13.301.C
      The 2 alternate members of the Board of Adjustment may participate in all discussions, but are eligible to vote only when one or more regular voting members are unable to do so. The alternate members are designated as alternate "A" and alternate "B." Alternate members serve the same terms as place 4 and place 5 regular members and are subject to appointment and removal in the same manner as regular voting members.
   4. 13.301.D
      When a vacancy occurs, the Mayor, with approval of the City Council, must appoint a person to complete the unexpired term.
2. 13.302
   Operation

   1. 13.302.A
      The Board of Adjustment must conduct meetings, take action and operate in accordance with its adopted by-laws, this Development Code and state law.
   2. 13.302.B
      The Board of Adjustment must elect a Chairperson and Vice-chairperson annually, at the first regularly scheduled meeting after appointments are made.
   3. 13.302.C
      The City Planner serves as ex officio (non-voting) secretary of the Board of Adjustment, with responsibility for keeping minutes, books, files and other records of the Board of Adjustment and performing other duties as are incidental to the position.
   4. 13.302.D
      A quorum, consisting of at least 4 members of the Board of Adjustment, must be present in order to conduct official business.
3. 13.303
   Responsibilities

   The Board of Adjustment is responsible for carrying out those specific review and decision-making duties assigned by this Development Code, including conducting public hearings and making final decisions on:

   1. 13.303.A
      Variances (see Sec. 12.900); and
   2. 13.303.B
      Appeals of administrative decisions (see Sec. 12.1000).
4. 13.304
   Conflict of Interest

   Board of Adjustment members must recuse themselves and not participate in any discussion or vote on any matter concerning a business entity or real property in which they have a substantial interest if:

   1. 13.304.A
      The vote or decision involving the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
   2. 13.304.B
      It is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the real property that is distinguishable from the effect on the public.

(Ord. No. 2024-20, 09/03/2024) 

Effective on: 9/13/2024

1. 13.401
   Creation and Membership

   1. 13.401.A
      The Historic Preservation Commission must consist of 7 voting members appointed by the Mayor with approval of the City Council, with consideration given to the following recommended professions:

      1. 1.
         An architect, Planner, or representative of a design profession;
      2. 2.
         A historian;
      3. 3.
         A licensed realtor;
      4. 4.
         An owner of a landmark or of a property in a historic district; and,
      5. 5.
         A member of Walker County Historical Commission; or
      6. 6.
         Any other resident of Huntsville as deemed appropriate by the City Council.
   2. 13.401.B
      All Historic Preservation Commission members, regardless of background, must have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Huntsville.
   3. 13.401.C
      Historic preservation commission members are appointed for a term of 2 years, with the exception that the initial term of 3 of the members will be one year, and the initial term of the other 4 members will be 2 years.
   4. 13.401.D
      In addition to the 7 regular members of the Historic Preservation Commission, the Historic Preservation Officer and any other person of experience and knowledge designated by the City Council as special advisor may sit on the Historic Preservation Commission as ex officio members. None of the ex officio members have voting power, but they are authorized to assist the Historic Preservation Commission in its various functions.
2. 13.402
   Operation

   1. 13.402.A
      A chair and vice chair must be elected annually, by and from the members of the Historic Preservation Commission.
   2. 13.402.B
      The Historic Preservation Commission must meet at least monthly, if business is at hand. Special meetings may be called at any time by the chair or upon written request of any 2 Historic Preservation Commission members. All meetings must be conducted in conformance with the Texas Open Meetings Act.
   3. 13.402.C
      A quorum, consisting of no less than a majority of the regular voting membership, must be present in order to conduct official business of the Historic Preservation Commission.
3. 13.403
   Responsibilities

   The Historic Preservation Commission is responsible for carrying out those review and decision-making duties expressly assigned by this Development Code, including:

   1. 13.403.A
      Making recommendations for staff and professional consultants as necessary to carry out the duties of the Historic Preservation Commission;
   2. 13.403.B
      Preparing rules and procedures as necessary to carry out the business of the Historic Preservation Commission;
   3. 13.403.C
      Conducting public hearings and providing comments on buildings, objects, sites, structures, and districts for nomination to the National Register of Historic Places and/or to the Texas Historic Commission based on the criteria established in the National Historic Preservation Act of 1966, as amended;
   4. 13.403.D
      Conducting surveys and maintaining an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City;
   5. 13.403.E
      Recommending the designation of resources as landmarks or historic districts;
   6. 13.403.F
      Maintaining written minutes that record all actions taken by the Historic Preservation Commission and the reasons for taking such actions;
   7. 13.403.G
      Recommending conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers;
   8. 13.403.H
      Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs;
   9. 13.403.I
      Making recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City;
   10. 13.403.J
       Approving or disapproving applications for Certificates of Appropriateness;
   11. 13.403.K
       Preparing and submitting reports to the City Council summarizing the work completed, as appropriate;
   12. 13.403.L
       Preparing specific design guidelines for the review of landmarks and districts;
   13. 13.403.M
       Recommending the acquisition of a landmark structure by the City where its preservation is essential to the purposes identified in Sec. 3.401 and where private preservation is not feasible;
   14. 13.403.N
       Proposing and recommending to the City Council incentive programs for the preservation of designated landmarks or districts;
   15. 13.403.O
       Accepting on behalf of the City the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council; and
   16. 13.403.P
       Providing comments to the Texas Historical Commission on any federal undertakings within a historic district pursuant to Section 106 of the National Historic Preservation Act of 1966.

Effective on: 2/22/2023

The City manager is authorized to appoint a qualified City official or staff person to serve as Historic Preservation Officer. The Historic Preservation Officer is responsible for carrying out those duties and responsibilities expressly identified in this Development Code and for advising the Historic Preservation Commission on matters submitted to it. In addition to serving as representative of the Historic Preservation Commission, the Historic Preservation Officer is responsible for coordinating the City of Huntsville’s preservation activities with those of state and federal agencies and with local, state and national nonprofit preservation organizations.

Effective on: 1/1/1901

1. 13.601
   Appointment

   The City manager has the authority to appoint a City Planner.

2. 13.602
   Responsibilities

   The City Planner is responsible for assisting with preparation of a Comprehensive Plan and other planning studies and advising the Planning Commission, Board of Adjustment and City Council on planning and development-related matters. The City Planner is also responsible for carrying out those specific review and decision-making duties assigned by this Development Code, including:

   1. 13.602.A
      Interpreting, administering and enforcing the regulations of this Development Code;
   2. 13.602.B
      Reviewing and making recommendations to the Planning Commission and City Council on:

      1. 1.
         Development code text amendments (see Sec. 12.200);

         1. 1.
            Zoning district map amendments (see Sec. 12.300);
      2. 2.
         Planned development (PD) district concept plans and/or development plans (see Sec. 12.400);
      3. 3.
         Preliminary subdivision plans (see Sec. 12.707); 
      4. 4.
         Conditional uses (see Sec. 12.800); and
      5. 5.
         Master Development Plans (see Sec. 12.1100)
   3. 13.602.C
      Reviewing and making recommendations to the Planning Commission on final subdivision plats (see Sec. 12.708);
   4. 13.602.D
      Reviewing and making recommendations to the Board of Adjustment on variances (see Sec. 12.900);
   5. 13.602.E
      Providing assistance to the City Council, Planning Commission and Board of Adjustment concerning the exercise of their responsibilities under this Development Code; and
   6. 13.602.F
      Delegating to staff responsibility for carrying out specific day-to-day functions in the administration and enforcement of this Development Code.

Effective on: 2/22/2023