ZONING ORDINANCE
AN ORDINANCE ESTABLISHING ZONING
REGULATIONS FOR THE CITY OF HUNTERS CREEK VILLAGE, TEXAS; REGULATING AND RESTRICTING THE USE,
SIZE, HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOTS THAT MAY BE
OCCUPIED, THE SIZE OF THE YARDS, COURTS, AND OTHER OPEN SPACES, THE DENSITY OF
POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR
TRADE, RESIDENCES, AND OTHER PURPOSES; DIVIDING THE CITY INTO DISTRICTS AND USE
AREAS; ADOPTING A ZONING MAP SHOWING THE LOCATION AND BOUNDARIES OF THE VARIOUS
DISTRICTS AND USE AREAS; PROVIDING FOR EXCEPTIONS; PROVIDING REGULATIONS FOR
NON-CONFORMING USES; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT,
INTERPRETATION AND AMENDMENT OF THIS ORDINANCE; PROVIDING FOR A BOARD OF
ADJUSTMENTS AND PRESCRIBING ITS POWERS AND DUTIES; PROVIDING DEFINITIONS;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING CERTAIN
SPECIFIED ORDINANCES OF THE CITY OF HUNTERS CREEK VILLAGE AND ALL OTHER ORDINANCES
OR PARTS OF ORDINANCES OF SUCH CITY IN CONFLICT HEREWITH AND KNOWN
AS:
THE ZONING
ORDINANCE OF THE
CITY OF
HUNTERS CREEK VILLAGE, TEXAS
WHEREAS, Chapter 283, page
424, Acts of the 40th Legislature, Regular Session, 1927, as amended, compiled
as Articles 10lla through l0llj, Vernon’s Texas Civil Statutes, empowers the
City to enact a Zoning Ordinance and to provide for its administration,
enforcement, and amendment; and
WHEREAS, pursuant to such
authority, the City has heretofore enacted a Zoning Ordinance; and
WHEREAS, the City Council now
deems it necessary, for the purpose of promoting the health, safety, morals, and
general welfare of the City and its inhabitants, to repeal the existing Zoning
Ordinance and to enact a new one; and
WHEREAS, the Planning and Zoning
Commission has recommended the enactment of a new Zoning Ordinance and the
repeal of the present Zoning Ordinance; and
WHEREAS, as a basis for and in
furtherance of such recommendation, the Planning and Zoning Commission has
divided the City into districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan and design to lessen
congestion in the streets; to secure safety from fire, panic, and other dangers;
to promote health and general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning
Commission has given reasonable consideration, among other things, to the
character of the districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the municipality; and
WHEREAS, the Planning and Zoning
Commission has made a preliminary report, has given due notice of
hearings relating to zoning
districts, regulations, and restrictions, has held such public hearings, and has
submitted its final report to the City Council
WHEREAS, the City Council has
given due notice of hearings relating to such zoning districts, regulations, and
restrictions, and has held such public hearings; and
WHEREAS, all requirements of Chapter 283, page 424, Acts of
the 40th Legislature, Regular Session, 1927, as amended, and of the ordinances
of the City relating to the preparation of the report and recommendation of the
Zoning Commission and subsequent action of the City Council have been met; now,
therefore,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF HUNTER’S CREEK VILLAGE, TEXAS:
PART
I. ENACTMENT
SECTION 1. SHORT TITLE.
This ordinance shall be known
and may be cited as “The City of Hunter’s Creek Village Zoning
Ordinance."
SECTION 2. ESTABLISHMENT OF
DISTRICTS.
1. District R. Single Family Residential District
2. District B. Business
District
SECTION 3. PROVISION FOR OFFICIAL ZONING
MAP.
1. Official Zoning Map.
The boundaries of the two districts of the City are shown on the Official Zoning
Map, a copy of said map is attached hereto, which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be a part of this
ordinance.
The Official Zoning Map shall be
identified by the signature of the Mayor attested by the City Secretary and
bearing the seal of the City under the following words: “This is to certify that this is the
Official Zoning Map referred to in Section 3 of Ordinance No. 340,_,the City of Hunter’s Creek
Village Zoning Ordinance”, together with the date of the adoption of this
ordinance.
If, in accordance with the
provisions of this ordinance and Chapter 283, Page 424, Acts of the 40th
Legislature, Regular Session, 1927, as amended, changes are made in district
boundaries or other matter portrayed on the Official Zoning Map, such changes
shall be entered on the Official Zoning Map promptly after the amendment has
been approved by the City Council, with an entry on the Official Zoning Map as
follows: “On (date), by official action of the City Council, the following
changes were made in the Official Zoning Map: (brief description of nature of
changes),” which entry shall be signed by the Mayor and attested by the City
Secretary. No amendment to this ordinance which involves matters portrayed on
the Official Zoning Map shall become effective until after such change and entry
have been made on said map.
No changes of any nature shall
be made in the Official Zoning Map or matter shown thereon except in conformity
with the procedures set forth in this ordinance. Any unauthorized change of
whatever kind by any person or persons shall be considered a violation of this
ordinance.
Regardless of the existence of purported copies of the Official Zoning
Map which may be made or published from time to time, the Official Zoning Map
shall be located in the office of the City Secretary and it shall be the final
authority as to the current zoning status of land areas, buildings, and other
structures in the City.
2. Replacement of Official
Zoning Map. In the event the Official Zoning Map becomes damaged, destroyed,
lost, or difficult to interpret because of the nature or number of changes or
additions, the City Council may by ordinance adopt a new Official Zoning Map
which shall supersede the prior Official Zoning Map. The new Official Zoning Map
shall be identified by the signature of the Mayor attested by the City
Secretary, and bearing the seal of the City under the following words: “This is
to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance
No. ______, the City of Hunter’s Creek Village
Zoning Ordinance.”
Unless the prior Official Zoning Map has been
lost, or has been totally destroyed, the prior map or any significant parts
thereof remaining, shall be preserved, together with all available records
pertaining to its adoption or amendment.
SECTION 4. RULES FOR THE INTERPRETATION OF
DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts, as shown on the zoning map, the
following rules shall apply:
1. Where the district boundaries are indicated as approximately following
the center lines of streets or street right-of-way lines, such center lines or
street right-of-way lines shall be construed to be said boundaries.
2. Where the district boundaries are indicated as approximately following
lot lines, such lot lines shall be construed to be said boundaries.
3. Where district boundaries are indicated as approximately parallel to
street center lines or street right-of-way lines, such district boundaries shall
be construed as being parallel thereto and at such distance therefrom as
indicated on the zoning map. If no distance is given, such dimension shall be
determined by the use of the scale on said zoning map.
4. In unsubdivided property, the district boundary lines on the zoning map
shall be determined by use of the scale appearing on such map.
5. Whenever any street is vacated by official action of the City Council,
the zoning district adjoining each side of said street shall be automatically
extended to the center line of the property thus vacated and all area included
in the vacation shall then and henceforth be subject to all regulations of
the extended districts.
6. Where streets or other landmarks on the ground differ from the streets or
landmarks as shown on the zoning map, the streets or landmarks on the ground
shall control.
SECTION 5. COMPLIANCE WITH THE REGULATIONS.
Except as hereinafter specifically
provided:
1. No land shall be used except for a purpose permitted in the district in
which it is located.
2. No building shall be erected, converted, enlarged, reconstructed, moved
or structurally altered, nor shall any building be used, except for a use
permitted in the district in which such building is located.
3. No building shall be erected, converted, enlarged, reconstructed or
structurally altered to exceed the height limit herein established for the
district in which such building is located.
4. No building shall be erected, converted, enlarged, reconstructed or
structurally altered except in conformity with the area regulations of the
district in which such building is located.
5. No building shall be erected, or structurally altered to the extent
specifically provided for herein except in conformity with the off-street
parking and loading provisions for the district in which such building is
located.
6. The minimum yards, parking spaces, and open spaces, including lot area
per family, required by this Ordinance for each and every building existing at
the time of passage of this Ordinance or for any building hereafter erected,
shall not be encroached upon or considered as part of the yard or parking space
or open space required for any other building, nor shall any lot area be reduced
below the requirements of this Ordinance for the district in which such lot
is located.
7. Every building hereafter erected or structurally altered shall be located
on a lot as herein defined and, except as hereinafter provided, there shall not
be more than one main building on one lot.
PART II. DISTRICT
REGULATIONS
SECTION 6. DISTRICT R. SINGLE FAMILY RESIDENTIAL
DISTRICT.
SUB-SECTION 6-1. USE REGULATIONS.
The building or premises shall be used only for
the following purposes:
a. Single Family Dwellings.
b. Temporary buildings for uses
incidental to construction work on the premises, which buildings shall be
removed upon the completion or abandonment of construction work.
c. Accessory buildings and
uses customarily incident to the above uses and located on the same lot
therewith and not involving the
conduct of a business, trade or profession. A billboard, signboard, or
advertising sign shall not be permitted as an accessory use, except as follows,
and shall not be located upon a city street, right-of-way, or
easement:
(1) One unilluminated sign advertising
one or more contractors performing work on the property on which the sign is
erected; provided, however, such sign shall not be more than four (4) square
feet in area, and shall be removed immediately upon completion of the building
or structure.
(2) One unilluminated sign advertising
one or more contractors performing work on the property on which the sign
is erected; provided, however, such sign shall not be more than four (4) square
feet in area, and shall be removed immediately upon completion of the building
or structure.
(3) Churches and other institutions may
display signs showing names, activities, and services therein provided. Such
signs shall not exceed eight (8) square feet in area and shall be erected on the
property to which they relate.
d. To be permitted as accessory
structures or uses, an unlighted outdoor tennis court or game court must be set
back at least twenty-five (25) feet from the nearest lot line; lighted outdoor
tennis courts and game courts must be set back at least one hundred (100) feet
from the nearest lot line. No more than one tennis court or game court shall be
permitted on a lot. Any tennis court or game court shall be buffered by
shrubbery or otherwise so as to minimize noise from activities on said
court.
e. An outdoor swimming pool shall only
be permitted in the back or side yards as an accessory use or structure and
then only if it is set back a minimum of ten (10) feet from the rear lot line
and fifteen (15) feet from the side lot line respectively; providing, however,
where the rear lot line is contiguous to a neighboring side lot line, the
necessary set back requirement is fifteen (15) feet.
f. Parks, playgrounds, recreational
facilities, public services and fire and police services, owned by the City of
Hunter’s Creek Village or by a public entity acting at the request of the City
of Hunter’s Creek Village.
g. Uses permitted by specific use
permit:
(1) Personal Wireless Service
Facilities. Facilities for the
provision of personal wireless service facilities, including structures commonly
known as cellular towers, and ancillary buildings, equipment, and related
structures may be allowed in this district following approval of a specific use
permit by City Council. Provided
however, that no specific use permit for a personal wireless services facility
shall be approved if:
a. the proposed
facility would adversely affect the residential integrity or safety of adjacent
or area neighborhoods; or
b. the proposed
facility would create visual blight; or
c. the proposed
facility would create noise or light pollution; or
d. the proposed
facility would create a nuisance to adjacent or area properties
Further, in order to obtain a specific use permit for a personal wireless
service facility, the applicant must establish that:
a. the applicant
cannot provide service to the city from other available locations or existing
facilities; and
b. the proposed
facility would utilize state of the art technology to achieve its objectives;
and
c. the proposed
facility would comply with all safety standards promulgated by the Federal
Communications Commission, or other agency having jurisdiction
thereover."
SUB-SECTION 6-2. SPECIAL EXCEPTIONS TO USE
REGULATIONS.
After public notice and hearing and appropriate
safeguards and conditions, the Board of Adjustment may permit as special
exceptions, uses in District R which do not comply with Subsection 6-1, by
the following:
a. Public Schools.
b. Utility sub-stations and pump
stations designed to serve some portion of Hunter’s Creek Village.
c. Churches, provided, however, a church shall only be permitted on a tract
of land of 5 acres or more and shall have adequate parking to provide one
parking space on church property for each two members or for each two additional
members or guests.
SUB -SECTION 6-3. HEIGHT REGULATIONS.
No building shall exceed thirty-five (35) feet in
height; provided, however, such limitation shall not apply to church
steeples. Aerial antennas shall not
exceed a height of forty-five (45) feet as measured vertically from the curb
bounding the property line.
SUB-SECTION 6-4. AREA
REGULATIONS
a. Size of Lot
(1) Lot Area. No building shall be
constructed on any lot having less than twenty-two thousand five hundred (22,500) square
feet.
(2) Lot Width. The width of the lot
shall be not less than seventy-five (75) feet at the front
(3) Lot Depth. The average depth of the lot shall not be less than one-hundred twenty (120) feet
(4) Exceptions.
(a) Where a lot having less area, width, or depth than herein required
existed in separate ownership of record on March 25, 1955, the above regulations
relating to the size of the lot shall not
prohibit the erection of a single family dwelling thereon.
(b) The Board of Adjustment
may permit as a special exception not more than one lot in a new subdivision to
be less than 22,500 square feet in area, but in no event shall said lot be less than 20,000 square feet in
area.
b. Size of Yards
(1) Front Yard. There shall be a
front yard having a depth of not less than fifty (50) feet.
Where lots have double frontage running through from one street to
another, the required
(2) Side Yard. There shall be two side
yards on each lot, having a combined width of not less than thirty-five (35)
feet; neither of said side yards shall be less than fifteen (15) feet in width.
A side yard adjacent to a side street shall not be less than twenty (20)
feet in width.
(3) Rear Yard. There shall be a rear
yard having a depth of not less than twenty-five (25)feet.
c. Size of Building
(1) Building Area. The building area,
exclusive of outdoor swimming pools, shall not exceed twenty- five (25) percent
of the lot area. Tennis courts, paddle ball and game courts are included in the
computation of building area.
(2) Dwelling Area. Each single family dwelling must be so
designed and constructed that it shall have a minimum space of enclosed living area of two thousand
(2,000) square feet, exclusive of porches and automobile shelters. At least
fifteen hundred (1500) square feet of such enclosed living area shall be
contained on the ground floor. Living area shall be computed from the exterior
wall surface.
SUB-SECTION 6-5. AUTOMOBILE
SHELTERS
a. Minimum Size. Every single
family dwelling must have at least (i) a 200 square foot garage or (ii) a 200
square foot carport and a 100 square foot completely enclosed storage room
with an outside door. Subject to the following exceptions, all automobile
shelters must meet the set back requirements of the dwelling; and the opening of
the automobile shelter shall face the rear of the lot, provided,
however,
(1) An automobile shelter, if not
attached to the dwelling, may be located not closer than five (5) feet from the
rear lot line and not closer than five (5) feet distance from the side lot line
unless such line abuts a street, in which event the automobile shelter shall be
located at least twenty (20) feet from such side street line.
(2) Except on a corner lot, an
automobile shelter opening may face toward the front street provided such
opening is at least 50 feet to the rear of the front line of the
dwelling.
(3) An automobile shelter opening may face toward the side line of the lot,
provided that:.
(i) such opening will
not face a street;
(ii) the front edge of such opening will not be
forward of the front line of the residence;
(iii) such opening will be at least
twenty- eight (28) feet from the side lot line;
(iv) such opening will be placed on the lot in
such a position, or will be screened by a screening on either the same lot or
the adjoining lot, so that no part of such opening is visible from the
front street in a line of view that forms an angle, measured from any point on
the front street line to any point in such opening, that is greater than 45
degrees; and
(v) any screening erected to comply with
sub-paragraph (iv) above shall meet the requirements for fences and walls set
forth in Sub-Section 6-7 of this Ordinance, shall conceal such opening to a
height of not less than six (6) feet and shall be constructed of wood, stone or
brick to form a solid visual barrier. The Board of Adjustment, may permit, as a
special exception screening of some other material, including but not limited to
planting of shrubbery provided the Board of Adjustment determines that such
screening of an acceptable type will provide substantially or in effect a solid
visual barrier when installed.
b. Driveways. No driveway shall have entry onto
Memorial Drive or Voss Road if the lot or tract upon which the driveway is
located has access or is contiguous to another street within the
city.
SUB-SECTION 6-6. ACCESSORY STRUCTURES.
Except as specifically permitted by this
ordinance:
a. No accessory structure shall be
erected in front of the front line of the residence;
b. No
separate accessory structure or automobile shelter shall be erected within five
(5) feet of any property line or other building.
c. Any servants quarters or structure
containing living space must comply with building line set backs of the main
structure.
d. No
accessory structure may exceed one story in height.
SUB-SECTION 6-7. FENCES AND WALLS
a. Fences shall be generally permitted
on the perimeter of the property involved subject to the limitations in
Sub-Section 6-7 paragraphs (b) through (m) listed below.
b. No
fences shall be permitted in front of the front building setback lines of the
property involved unless the front yard is contiguous to Voss Road or Memorial
Drive.
c. No fence shall exceed seven
feet (7') from the top of the natural grade of the property except along Voss
Road or Memorial Drive.
d. A fence or wall of a minimum
of seven feet (7') in height shall be required along the rear or side property
line where the rear or side line of the property involved is adjacent to Voss
Road or Memorial Drive. Such fence
or wall along Voss Road or Memorial Drive shall be not less than seven feet (7')
nor more than nine feet (9') from the top of the natural grade of the
property. Piers, pillars, or
columns used for such fence or wall supports or architectural enhancement shall
be allowed to exceed the nine feet (9') allowable height, but shall not be used
to violate the nine feet (9') maximum allowable height specified in this
Ordinance. Where a curb and
guttered street is adjacent to the fence or wall or property line, the height
restriction shall, however, be measured for the purposes of this Ordinance from
the top of natural grade or the top of the abutting curb, whichever is
higher. Any rear or side property
line fence or wall along Voss Road or Memorial Drive shall be of brick or
masonry construction.
e. A fence or wall shall be permitted,
subject to the following limitations, along or behind the front property line of
any property fronting on Voss Road or Memorial Drive. Such fence or wall may be of wrought
iron, brick, or masonry construction. There shall be applicable the height limitations and the same
requirements outlined above for side and rear fences or walls, with the
exception that no minimum requirements for fence or wall height shall be
applicable.
f. Each gate of any entrance drive or
driveway off Voss Road or Memorial Drive shall set back a minimum of twenty feet
(20') from the back of curb or pavement edge to the gate location in order to
afford a vehicle standing area within such drive or driveway off the main travel
lanes on Voss Road or Memorial Drive, as the case may be.
g. Any fence or wall located at any
street intersection shall be set back or stepped down to afford full sight
distance at the intersection involved.
h. The overall intent of this Ordinance is
to allow property owners to fence or wall their properties from and including
the front building line to and around the back yard, with the exception in the
case of any property fronting on Voss Road or Memorial Drive hereinabove
specified. The intent of the
provisions relating to any property along Voss Road or Memorial Drive is to
promote safety of the residents and the traveling public, property protection,
and reduce noise along Voss Road or Memorial Drive.
i.In the case of any property which does not
front on either Voss Road or Memorial Drive, the Board of Adjustment may permit
a fence or wall in front of the residence situated on the property involved as a
variance, but not in front of the front building line of the property
involved. Such fence or wall shall
be of a type and material approved
by the Board of Adjustment.
j. Any fence or wall crossing a bayou,
ravine, gully, or naturally hilly area shall have the height interpreted by the
City Engineer to meet the intent of this Ordinance. Material selection for the fence or wall
crossing a bayou, ravine, or gully may be wood, masonry, brick, or wrought iron,
as approved by the City Engineer, as long as the natural flow of the drainage
area is not impeded. If the
interpretation by the City Engineer under this paragraph is not acceptable to
the owner, such owner may appeal such decision to the Board of Adjustment for a
final determination.
k. Any masonry fence or wall seven to nine
feel (7' - 9') in height shall require a geotechnical report and the foundation
designed by a Texas registered professional engineer. In lieu of the above requirements a
standard minimum design will be available at the offices of the City.
l. Controlling over any provisions of
this Ordinance to the contrary, wrought iron and wood sections of any fence or
wall shall be permitted to the extent necessary to avoid removing
trees.
m. Any fence or wall required or permitted
under this Ordinance shall be constructed, repaired, maintained, and replaced in
order to be in a good, safe, and non-hazardous condition at the risk, cost, and
expense of the owner of the property involved.
SUB-SECTION 6-8. DISH ANTENNAS.
Dish antennas greater than three (3) feet in
diameter are permitted as accessory structures subject to the following
provision. Dish antennas three (3)
feet or less in diameter are not subject to the provisions of this
subsection.
a. Except as otherwise provided in this subsection, a dish antenna shall not
be located in a front yard, in an easement, or within twenty-five (25) feet of a
property line.
b. Except as otherwise provided in this subsection, a dish antenna shall not
exceed ten (10) feet in height.
c. A
dish antenna, or its support structure, shall be installed on a concrete
foundation. A Dish antenna may not
be located on the roof of a structure.
d. A
dish antenna constructed of mesh material, so that no more than forty (40%)
percent of its total area, excluding support structures, is solid, may be
located in a rear or side yard, not within an easement, no closer than five (5)
feet to a property line, and may not exceed fifteen (15) feet in
height.
SECTION 7. DISTRICT B. BUSINESS DISTRICT.
SUB-SECTION 7-1. USE
REGULATIONS.
a. Permitted Principal Uses and Structures.
(1) All uses, structures and
special exceptions permitted in District R; provided, however, tennis
courts and swimming pools are not permitted in District B.
(2) Bakeries, retail
only.
(3) Banks.
(4) Florist Shops.
(5) Offices and Office
Buildings.
(6) Barber shops, beauty shops,
shoe repair shops and indoor restaurants.
(7) Retail stores, provided that
no on-site consumption of foods or beverages sold therein shall be
permitted.
(8) Any similar
uses as determined by the Board of Adjustment which are not likely to create any
more noise, vibration, dust, heat, smoke, odor,
excessive light, glare, or
objectionable influences than the minimum amount normally resulting from other
uses permitted.
b. Permitted Accessory Uses and
Structures: Those uses and
structures customarily incident to the foregoing uses when located upon the same
lot. A sign shall not be allowed as an accessory use or structure, except as
hereafter specifically permitted.
(1) Sexually oriented business, provided that no sexually oriented
business shall be allowed to locate within 1000 feet of another sexually
oriented business, a public park, a place of worship, a public or private
school, or a day-care facility, and provided further that no on-site consumption
of foods or beverages sold therein shall be permitted. For purposes of this section, such distance shall be measured between the
closest property lines of each property.
(2) Personal Wireless Service
Facilities. Facilities for the
provision of personal wireless service
facilities, including structures commonly known as cellular towers, and
ancillary buildings, equipment, and related structures may be allowed in this
district following approval of a specific use permit by City Council. Provided however, that no specific use
permit for a personal wireless services facility shall be approved
if:
a. the proposed facility would
adversely affect the residential integrity or safety of adjacent or area
neighborhoods; or
b. the proposed
facility would create visual blight; or
c. the proposed
facility would create noise or light pollution; or
d. the proposed
facility would create a nuisance to adjacent or area properties
Further,
in order to obtain a specific use permit for a personal wireless service
facility, the applicant must establish that:
a. the applicant cannot provide service to the city from other available locations or existing facilities; and
b. the proposed facility would utilize state of the art technology to achieve its objectives; and
c. the proposed facility would comply with all safety standards promulgated by the Federal Communications Commission, or other agency having jurisdiction thereover.”
c. Prohibited Uses and Structures: Any use not permitted under
Paragraph a of Sub-Section 7-1 and
any use or structure otherwise permitted under Paragraph a of Sub-Section 7-1
that is objectionable because of odor, excessive light, glare, smoke, dust,
noise, vibration, litter or similar or other nuisance.
SUB-SECTION 7-2. MAXIMUM HEIGHT OF STRUCTURES.
Thirty-five (35) feet except for aerial antennas
attached to the top of the building, as measured vertically from the curb
bounding the property line. Aerial antennas shall not exceed a height of
forty-five (45) feet as measured vertically from the curb bounding the property
line.
SUB-SECTION 7-3. AREA
REGULATIONS.
a. Minimum Lot Requirements — Area, Width and Depth.
(1) Residential Use: Same as
District R.
(2) Other Use:
(a) Lot Area: 7,500 square feet.
(b) Lot Width: 75 feet.
(c) Lot Depth: 100 feet.
b. Minimum Building
Line Requirements.
(1) Residential Use: Same as in District
R as set forth in Sub-Section 6-4 b.
(2) Other Use: Buildings shall be a
minimum of thirty-five feet from any street line. A minimum of fifteen feet
shall be maintained between any building and the business district boundary
line; provided, however, a building of less than fifteen feet in height with no
windows facing a residential area may be located within two (2) feet of a
business-residential boundary line.
c. Maximum Lot Coverage by
All Buildings and Structures.
(1) Residential Use: Same as in
District R.
(2) Other Use: The building area,
including off-street parking spaces and service areas, shall not exceed 90
percent of the lot area.
d. Minimum Size of Principal Building.
(1) Residential Use: Same as in
District R.
(2) Other Use: 2,000 square feet
of permanently enclosed floor space.
SUB-SECTION 7-4. OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be provided to provide
adequate parking spaces for all anticipated automobiles serving said structure
or business including customers and guests and the following:
a. Office Buildings: 2 square feet of paved parking lot
or area for each square foot of leasable area of the principal building, shall
be provided on the premises.
b. Retail Buildings: 4 square feet of parking space for
each square foot of the principal building shall be provided on the
premises.
The Board of Adjustment may, as a Variance to
these requirements, set a lesser standard for parking area upon a showing that
the type of business anticipated to occupy an office building will not require
the number of parking spaces or area as set out herein.
SUB-SECTION 7-5. SERVICE AREA REQUIREMENTS.
Service areas shall be required. All loading
areas, trash pick-up areas and all other service areas located outdoors shall be
enclosed by a solid fence, wall, or hedge at least seven (7) feet in height,
except for an opening for vehicular passage which shall have a solid
gate.
SUB-SECTION 7-6. OUTDOOR STORAGE
PROHIBITED.
a. Outdoor storage shall not be
permitted except during periods of construction or in a service area enclosed in
the manner required for areas as set out in Sub-Section 7-5 above.
b. No storage or similar use
shall be allowed forward of the front building line in District B.
SUB-SECTION 7-7. LIMITATION ON
SIGNS. On-site signs
only shall be permitted.
a. Only on-site signs shall be
permitted.
b. One wall sign and one
free standing sign shall be permitted on any premises and shall be "sign, on-site" as defined in this
Ordinance.
c. No sign shall be of a
flashing or moving type which involves changes in color, light intensity,
intermittent light impulses or motion either simulated or actual.
d. No signs shall be erected so
as to extend into or overhead the public right-of- way of any street, nor shall any sign be placed so as to
interfere with or obstruct vision at any intersection or along any public
street.
e. No sign shall exceed in
height thirty-five feet (35') above the top of the curb.
f. No sign shall have more than
two sides. The square footage in a
single sign or the square footage on each side of a double sided sign shall not
exceed sixty-four (64) square feet.
g. No portable signs are
permitted.
h. Lighted signs which are above
the height of the building to which they pertain will be extinguished at or
before 12:00 midnight..
i. All signs shall be kept in a
good state of repair.
SUB-SECTION 7-8. DISTRICT SEPARATION
REQUIREMENTS.
a. Improved business property shall be
separated from contiguous property in Residential District R by any one of the
following:
(1) A screening fence seven (7)
feet high, built of brick or stone or masonry.
(2) A strip of dense natural
foliage at least thirty-five feet (35) in width and at least seven (7) feet in
height measured from the boundary line of District B extending into
District B.
b. No building shall have windows with
a view into any property within District R of the City, provided that the
Board of Adjustment may grant an exception to such requirement if it
determines that any such window, while it would literally have a view into
property within District R of the City, would be unlikely to result in
individuals having an actual view through such window into property within
District R of the City.
SECTION 8. DRAINAGE.
The entire area of any improved lot or tract
within the city shall be drained in such a manner as to carry off all storm
water to a public right-of-way, drainage ditch or storm sewer.
SECTION 9. NON-CONFORMING LOTS, USES OF
LAND, STRUCTURES, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF
USE.
SUB-SECTION 9-1. INTENT.
Within the districts established by this
Ordinance or amendments that may later be adopted there may exist
a. lots,
b. structures,
c. uses of land and structures,
and
d. characteristics of use
which were lawful before this Ordinance was
passed or amended, but which would be prohibited, regulated or restricted under
the terms of this Ordinance or future amendments. it is the intent of this
Ordinance to permit those non-conformities to continue until they are removed,
but not to encourage their survival. It is further the intent of this Ordinance
that non-conformities shall not be enlarged upon, expanded or extended, nor be
used as grounds for adding other structures or uses prohibited elsewhere in the
same district, except as more specifically set forth in this Ordinance.
Non-conforming uses are declared by this Ordinance to be incompatible
with permitted uses in the districts involved. To avoid undue hardship, nothing
in this Ordinance shall be deemed to require a change in the plans,
construction, or designated use of
any building on which actual construction was lawfully begun prior to the
effective date of adoption or amendment of this Ordinance and upon which actual
building construction had been carried on diligently. Actual construction is hereby defined to
include the placing of construction materials in permanent position and
fastening in a permanent manner.
SUB-SECTION 9-2. NON-CONFORMING LOTS OF RECORD.
In District R a single family dwelling and
customary accessory buildings may be erected on any single lot lawfully created
and of record on March 25, 1955 notwithstanding limitations imposed by other
provisions of this Ordinance. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall
apply even though such lot fails to meet the requirements for area, width, and
depth that are generally applicable in such district. If two or more lots or
combination of lots and portions of lots with continuous frontage in single
ownership were of record on the effective date of the adoption of this
Ordinance and if all or part of the lots do not meet the requirements
established for lot area and width, the land involved shall be considered to be
an undivided parcel for the purposes of this Ordinance, and no portion of said
parcel shall be used or sold in a manner which diminishes compliance with lot
area and width requirements established by this Ordinance, nor shall any
division of any parcel be made which creates a lot with area or width below the
requirements established herein.
a. Non-Conforming lots or tracts legally created and lying within a
subdivision which was in existence on March 25, 1955 and in separate ownership
shall have the following requirements for yards and set backs:
(1) Front Yard — The front yard shall have a depth of not less
than the average yard depth of all yard depths for completed residences within
the same subdivision or 50 feet whichever is the lesser.
(2) Side Yards — There shall be two side yards on each lot, having
a combined width of not less than twenty (20) feet; neither of said side yards
shall be less than ten (10) feet or have a width less than the average width of
all other side yards on non-conforming lots within the same subdivision
whichever is greater.
(3) Rear Yard — There shall be a rear yard having a depth of not
less than twenty-five (25) feet.
(4) In lots or tracts of
less than 22,500 square feet in area in such pre-existing subdivisions, the
building area, exclusive of outdoor swimming pools, shall not exceed one-third
(1/3) of the lot area or 5,625 square feet, whichever is less.
b. Existing single family dwellings and customary accessory buildings
located on non-conforming lots or
tracts legally created and lying within a subdivision which was in existence on
March 25, 1955 may be altered, repaired or enlarged; provided however, any
enlargement or alteration shall meet all set-back, yard and height requirements
established herein for said subdivision.
SUB-SECTION 9-3. NON- CONFORMING USES OF LAND
OR LAND WITH MINOR STRUCTURES ONLY.
Where at the time of adoption, this Ordinance
lawful use of land exists which would not be permitted by the regulations imposed by this
Ordinance, and where such use involves no individual structure with a
replacement cost exceeding $1,000, the use may be continued as long as it
remains otherwise lawful, provided:
a. No such non-conforming
use shall be enlarged or increased or extended to occupy a greater area of land
than was occupied on the effective date of adoption or amendment of this
Ordinance:
b. No such non-conforming
use shall be moved in whole or in part to any portion of the lot or parcel other
than that occupied by such use on the effective date of adoption or amendment of
this Ordinance;
c. If any such
non-conforming use of land ceases for any reason for a period of more than
thirty (30) days, any subsequent use of such land shall conform to the
regulations specified by this Ordinance for the district in which the land is
located;
d. No additional
structure not conforming to the requirements of this Ordinance shall be erected
in connection with such non-conforming use of land.
SUB-SECTION 9-4. NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective
date of adoption or amendment of this Ordinance that could not be built under
the terms hereof by reason of restrictions on area, lot coverage, height, yards,
its location on the lot, or other requirements concerning the structure, such
structure may be continued as long as it remains otherwise lawful, subject to
the following provisions:
a. No such non-conforming
structure may be enlarged or altered in a manner which increases its
non-conformity, but any structure or portion thereof may be altered to decrease
its non-conformity.
b. Should such
non-conforming structure or nonconforming portion of structure be destroyed
by any means to an extent of more than 50 percent of its replacement cost at the
time of such destruction, it shall not be reconstructed except in conformity
with the provisions of this Ordinance.
c. Should any such
structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is
moved.
SUB-SECTION 9-5. NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If lawful uses involving individual structures
with a replacement cost of $1,000 or more, or of structure and premises in
combination, which exist at the effective date of adoption or amendment of this
Ordinance, would not be allowed in the district under the terms of this
Ordinance, the lawful use may be continued as long as it remains otherwise
lawful, subject to the following provisions:
a. No
existing structure devoted to a use not permitted by this Ordinance in the
district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the use of the
structure to a use permitted in the district in which it is located.
b. Any non-conforming use may be
extended throughout any parts of a building which were manifestly arranged or designed for such use
at the time of adoption or amendment of this Ordinance, but no such use shall be
extended to occupy any land outside such building.
c. Any structure, or structure and land
in combination, in or on which a non-conforming use is replaced by a permitted
use, shall thereafter conform to the regulations of the district, and the
non-conforming use may not thereafter be resumed.
d. When a non-conforming use of a structure,
or structure and land in combination, is discontinued or abandoned for six
consecutive months or for twelve months during any three-year period, the
structure, or the structure and land in combination, shall not thereafter
be used except in conformity with the regulations of the district in which it is
located.
e. Where non-conforming use status
applies to a structure and land in combination, removal or destruction of the
structure shall eliminate the non-conforming status of the land. Destruction for the purposes of
this subsection is defined as damage to the extent of more than 50 percent of
the replacement cost at the time of destruction.
f. All non-conforming uses shall be
separated from contiguous residential property by any one of the
following:
(1) A brick or stone screening fence seven (7) feet high.
(2) A strip of dense natural foliage thirty-five (35) feet in width and at
least seven (7) feet in height.
(3) A formal hedge four (4) feet thick and at least seven (7) feet
high.
SUB-SECTION 9-6. REPAIRS AND MAINTENANCE.
On any non-conforming structure or portion of a
structure containing a non-conforming use, work may be done on ordinary repairs,
or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing
after obtaining a building permit as herein set out, provided that the cubic
content existing when it became non-conforming shall not be
increased.
SUB-SECTION 9-7. USES UNDER SPECIAL EXCEPTIONS PROVISIONS NOT NON-CONFORMING USES.
Any use which is permitted as a special exception
in a district under the terms of this Ordinance shall not be deemed a
non-conforming use in the district, but shall without further action be
considered a conforming use.
PART III. ADMINISTRATIVE
PROVISIONS
SUB-SECTION 10-1. ADMINISTRATIVE OFFICIAL.
The provisions of this ordinance shall be
administered and enforced by the Building Official of the City of Hunter’s Creek
Village. The Building Official or any duly authorized person shall have the
right to enter upon any premises at any reasonable time for the purpose of
making inspections of buildings or premises necessary to carry out his duties in
the enforcement of this Ordinance.
Whenever any construction work is being done
contrary to the provisions of this Ordinance, the Building Official may order
the work stopped by notice in writing served on the owner, resident or
contractor doing or causing such work to be done, and any such person shall
forthwith stop such work until authorized by the Building Official to proceed
with the work.
SUB-SECTION 10-2. REQUIREMENTS FOR BUILDING PERMIT.
No person shall erect, or construct, remodel,
enlarge, improve, alter or convert any building, structure or fence or cause the
same to be done without first obtaining a building permit therefor. All
applications for building permits shall be accompanied by accurate plot plans,
submitted in duplicate, drawn to scale, showing:
a. The actual shape and dimensions of
the lot to be built upon.
b. The exact sizes and locations
on the lot of the buildings and accessory buildings then existing.
c. The lines within which the proposed
building or structure shall be erected or altered.
d. The existing and intended use of each
building or part of building.
e. The land upon which the proposed building or work is to be done shall be
described, either by lot, block or tract, or similar general description that
will readily identify and definitely locate the proposed building or work.
The building or structure to be constructed or the enlargement, moving,
improving, alteration, conversion or re-roofing operation to be undertaken shall
be described in sufficient detail so that the work to be done will be readily
apparent.
f. Such other information with regard to the lot and neighboring lots as may
be reasonably requested by the building inspector to determine the applicability
of, and provide for the enforcement of, this ordinance.
One copy of such plot plans will be returned to
the owner when such plans have been approved. An inspection period of as much as
two weeks shall be allowed for inspection of plans before a permit shall be
issued. All dimensions shown on these plans relating to the location and size of
the lot to be built upon shall be based on an actual survey by a qualified
registered surveyor and the lot shall be staked out on the ground before
construction is started.
SUB-SECTION 10-3. EXISTING PERMITS AND
PRIVATE AGREEMENTS.
This