City of St. Hedwig, TX 78152
Ordinance Number 0909
Adopted December 3, 2009
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2009 St. Hedwig Zoning OrdinancePage 1
TABLE OF CONTENTS
Table of Contents …………………………………………………………… 3
Title, Section 1 ..……………………………………………………………... 7
Purpose, Section 2 …………………………………………………………… 7
Applicability to City-Owned and Utility Properties, Section 3 ……………… 7
Definitions, Section 4 ..………………………………………………………. 8
Administrative Official, Section 5 ..………………………………………… 18
Applications, Permits and Inspections ..……………………………….
Building Work in Violation of this Ordinance ..………………………
Use or Occupancy in Violation of this Ordinance ..…………………..
Prohibitions, Section 6 ….……………………………………………………. 18
Limitations on Use or Occupancy of Land and Structures ……………
Limitations on Sales and Rentals of Land, Buildings and Structures…
Limitations on Area …………………………………………………..
Violations Defined, Section 7 ……………………………………………….. 19
Remedies, Section 8 ………………………………………………………… 19
Fines ………………………………………………………………….
Additional Remedies …………………………………………………
Effect of Other Ordinances and Regulations, Section 9 ……………………. 19
Effect on Private Covenants, Section 10 ……………………………………. 19
Building Permit Required, Section 11 ……………………………………… 20
Residential …………………………………………………….……..
Commercial …………………………………………………………
Certificates of Occupancy for Commercial Structures and Commercial Use, Section 12 21
Certificate Required for Structures ………………………………….
Changes of Occupancy ………………………………………………
Reconstruction of Destroyed or Damaged Buildings or Structures, Section 13 22
Damages of Less Than 50 Percent ……………………………………
Damages 50 Percent or Greater ………………………………………
Ordinance Effect on Existing Conditions, Section 14 ………………………. 22
Non-Conforming Uses ………………………………………………
Non-Conforming Structures …………………………………………
Zoning Districts, Section 15 ………………………………………………. 23
Residential Districts ……………………………………………….
Non-Residential Districts ………………………………………….
Zoning District Use Regulations, Section 16 …………………………….. 23
Lot Size and Building Requirements ………………………………
Agricultural/Residential (A-1R) District Use Regulations…………
Residential District Use Regulations ………………………………
Drainage ……………………………………………………Outbuildings ……………………………………………….
Animals …………………………………………………….
Home Offices ………………………………………………
Temporary Residences. …………………………………….
Signs. ………………………………………………………
Lot Coverage Requirements ……………………………….
Extended Family Residence ……………………………….
Commercial and Light Industrial District Use Regulations …………
Tree Preservation …………………………………………..
Off-Street Parking and Loading ……………………………
Buffering of Adjacent Residences …………………………
Health and Safety Regulations ……………………………..
Location of Districts, Section 17 ………………………………………….. 30
Adoption of Official Map ………………………………………….
Amendments to the Official Map …………………………………..
District Regulations to be Uniform ………………………………...
Interpretation of Zoning Map, Section 18 …………………………………. 31
Procedures for Zoning Changes and Amendments, Section 19 …………… 31
Powers of the City …………………………………………………
Filing with City Secretary …………………………………………
Fee to Accompany Application ……………………………………
Repeat Applications ……………………………………………….
Hearing ……………………………………………………………
Effect of Protest ……………………………………………………
Requirements for Additional Information …………………………
Sexually Oriented Businesses, Section 20 ………………………………… 33
Purpose of Section …………………………………………………
Definitions …………………………………………………………
Location of Sexually Oriented Businesses …………………………
Gender and Number ……………………………………………….
Board of Adjustment, Section 21 ………………………………………… 38
Creation of Board of Adjustment …………………………………
Members: Terms and Removal of Members and Alternates ……...
Vacancies …………………………………………………………
Quorum …………………………………………………………..
Minutes and Records …………………………………………….
Meetings …………………………………………………………
Conflict of Interest ……………………………………………….
Powers of the Board of Adjustment ……………………………… Limitations on Power to Grant Variances ………………………...
Powers Strictly Construed ……………………………………….
Findings of Fact ………………………………………………….
Vote Necessary to Act……………………………………………. Procedures for Appeals …………………………………………..
Notice of Hearings ………………………………………………..
Time Limitation for Variances ……………………………………
Administration and Enforcement, Section 22 …………………………….. 41
Planning and Zoning Commission ………………………………..
Membership ……………………………………………….
Organization and Rules ……………………………………
Procedure for Amendment and Changes in Zoning ……………….
Before the Planning and Zoning Commission …………….
Applications ………………………………………
Effect of Denial ……………………………………
Recommendations …………………………………
Public Hearings ……………………………………
Before the City Council …………………………………..
Action and Public Hearing ……………………….
Notice …………………………………………….
Joint Meeting ……………………………………..
Written Protest ……………………………………
Vote to Overrule ………………………………….
Approval Period ………………………………….
Enforcement and Remedies ……………………………………….
Responsible Official ………………………………………
Right to Enter ……………………………………………..
Administrative Costs ……………………………………………..
When Effective …………………………………………………..
Identification ……………………………………………………..
Location of Official Zoning Map…………………………………
Severability, Section 23 ………………………………………………….. 44
Approval of Zoning Ordinance ………………………………………….. 44
Appendix
Appendix A: Table of Permitted Uses ………………………….. 45
ORDINANCE NO.
AN ORDINANCE CREATING A COMPREHENSIVE ZONING ORDINANCE FOR ESTABLISHING DISTRICTS AND REGULATING LAND USE: ESTABLISHING DISTRICT BOUNDARIES ON AN ACCOMPANYING MAP: DEFINING CERTAIN TERMS AND WORDS: PROVIDING A PROCEDURE FOR APPEALS, CHANGES AND AMENDMENTS: AND IMPOSING PENALTIES.
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BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. HEDWIG, TEXAS:
ARTICLE I. GENERAL
SECTION 1. Title
This Ordinance shall be known and may be cited as the Zoning Ordinance of the City of St. Hedwig, Texas. This Ordinance shall replace and reinforce the 2003 St. Hedwig Zoning Ordinance. All properties grandfathered into the original 2003 Ordinance will remain grandfathered. All properties considered illegal as of the original 2003 Ordinance will not be grandfathered and will remain illegal and in need of compliance.
SECTION 2. PURPOSE
The zoning regulations and districts enacted in this Ordinance have been established to implement a comprehensive plan that promotes to manage change such that the citizens and elected officials have the power to preserve the rich, agricultural traditions and heritage that exist in St Hedwig today, promote a wholesome, family environment centered on rural lifestyle and community spirit, promote health, safety, moral values and the general welfare of the City, and to provide balanced design, planning, development, and protection of the St. Hedwig's historical, cultural, and natural resources with minimal impact on the rights of the individual property owner. They have been designed to lessen the congestion in the streets; to secure safety from fire or other dangers; to provide adequate light and air; to prevent the overcrowding of land; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been designed with reasonable consideration, among other things, to maintaining the character and orderly development of the City and the Districts according to their particular suitability for particular uses, and with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the community.
SECTION 3. APPLICABILITY TO CITY-OWNED AND UTILITY PROPERTIES
The provisions of this ordinance shall not apply to property belonging to or used by the City, and shall not limit the location, construction, maintenance or use of land, buildings, structures or equipment owned by the City. In the erection of buildings or other structures, City owned or franchised utilities shall conform in architectural design and otherwise as nearly as possible to buildings permitted in the zoning district in which they are erected.
SECTION 4. DEFINITIONS
For the purpose of this Ordinance, certain terms and words are hereby defined. It is not practical to define every possible word or term associated with zoning regulations. Terms and words not defined herein shall be construed with common usage and meaning, or recognized planning glossaries.
Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular. The word “structure” shall include the word “building”, the word “lot” includes the word “plot”, and the word “shall” is mandatory and not merely permissive or directory.
(1) Accessory Use or Structure: Accessory building, customary home occupation, parking, satellite dishes: A use or structure prohibited without a principal use or building on the same lot with and of a nature customarily and subordinate to the principal use of the building.
(2) Agricultural Usage: The use of land for farming or raising livestock. The City may allow keeping wild or exotic creatures only upon the granting of a variance. To be classified as agriculture, the use must be consistent with agricultural uses as defined by the Bexar Appraisal District.
(3) Alley (Place): A public or private thoroughfare that affords only a secondary means of access to abutting property.
(4) Animal Clinic: A building which contains the offices, examining rooms and laboratories of a veterinarian treating domestic pets and small animals, but excluding outdoor boarding kennels.
(5) Applicant: The legal or beneficial owner, or duly appointed owner’s representative, of the land proposed to be included in the application. The holder of an option or contract to purchase, a lessee having a remaining term of not less than four (4) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be an applicant for the purposes of this Ordinance. Applicant, if not the owner, must submit the written approval of the owner for the rezoning.
(6)Art Gallery: An establishment for the display of works of art, including sale of the items exhibited.
(7)Automobile Sales and Repair: An establishment that sells and/or repairs cars and light trucks.
(8)Bank: A financial institution, including a bank, savings bank, savings and loan, or other similar institution however designated, which transacts business with its customers in an interior-banking lobby. A bank may also include a drive- in bank. An administrative office is one which is solely involved in managing the internal administration of a bank and which does not directly transact any business with the bank’s customers.
(9)Bar or Tavern: An establishment where liquors are sold to be drunk on the premises.
(10)Basement: That portion of a structure below grade level and enclosed on at least two sides.
(11) Buffer Yard: An undeveloped or developed area reserved, designed to minimize the negative impact of dirt, litter, noise, light, signs or unsightly buildings between land uses of different intensity. The following buffer yards are recognized and may be approved:
(a)An open space
(b)A landscape area
(c)An area that features visual screens
(d)Any combination of the above
(12) Building: Any structure built to support, enclose, shelter or protect.
(13) Building Area: The total area enclosed by a line formed by the exterior surface or all walls at the foundation line.
(14) Building Height: The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the mean height level between the eaves and ridge for a gable and hip roof.
(15)Child Care Center (Day Nursery): A building where four (4) or more children are left for care for part of the twenty-four (24) hours of the day in compliance with Texas Department of Human Resources (T.D.H.R.) requirements.
(16)Church: A building designed for public worship, including a separate parsonage and/or a community meeting facility, but excluding a school or community athletic facilities.
(17)City: The City of St. Hedwig, Texas.
(18)City Council: The City Council of the City of St. Hedwig, Texas.
(19)Clinic, Medical or Dental: A building which contains the offices, examining rooms and laboratories of physicians, dentists, and their assistants, but not facilities for in-patient care or major surgery. Excluded from this definition are communicable disease clinics, and those for alcohol or drug dependent, delinquent, insane or feeble-minded persons.
(20)Commercial Recreation Center: A park or recreation facility that is commercially owned and operated.
(21)Commission: The Planning and Zoning Commission of the City of St. Hedwig, Texas.
(22)Special Use: A permanent or temporary use that may be inappropriate, incompatible, detrimental and/or hazardous without specific conditions and must be approved.
(23)Special Use District: A zoning district where temporary or permanent uses may be inappropriate, incompatible, detrimental and/or hazardous without specific conditions and must be approved.
(24)Customary Home Occupations: A use conducted entirely within an enclosed dwelling that is clearly secondary to residential occupancy and does not change the character of the immediate area.
(25)Dining and Drinking Establishments: An establishment primarily engaged in the sale of prepared food, non-alcoholic beverages, or alcoholic beverages accompanying food prepared as a meal.
(26)District: A zoning district that is a part of the City of St. Hedwig, Texas wherein regulations of this Ordinance are uniform.
(27) Dwelling: Any building or portion thereof that is designed and used exclusively for permanent residential purposes. Hotels and motels are excluded by this definition.
(28) Dwelling, Single Family Detached – (Home or House): A detached building having accommodations for and occupied exclusively by one (1) family that meets the minimum required lot size and building setbacks for front, side and rear yards.
(29) Dwelling, Single Family Attached – (Town Houses, Condominium): A building having accommodations of a part of a series of single family dwellings separated by one (1) or more common vertical walls. The definition of single-family attached dwelling shall not include the following:
(a)Horizontal wall separation
(b)Common entrances
(c)Constructed in rows of less than three (3) dwellings or more than ten (10) dwellings.
(30) Dwelling, Two Family Residential – (Duplex): A detached building having accommodations for and used exclusively by two (2) families living independently of each other.
(31) Dwelling, Model – (Model Home, Residential Sales Office): A single family dwelling in a developing subdivision that is limited to temporary use as a sales office for dwellings only in that developing subdivision.
(32) Dwelling, Multi-Family Residential – (Tri-plex, Four-plex, Apartments,Condominiums): A detached building having accommodations for and occupied by three (3) or more families living independently of each other in separate dwelling units or apartments. Dwelling units or apartments may be separated by vertical and/or horizontal walls, be rented/leased or owned.
(33) Family: One (1) or more persons living together as a single housekeeping unit in a single dwelling or dwelling unit. A family shall not exceed four (4) persons not related by affinity or consanguinity unless otherwise provided by State law.
(34) Fence, Wall and/or Similar Masonry Construction: A barrier constructed on or within property lines to identify and separate properties, prevent access to or to confine.
(35) Floor Area: The gross area of all floors within a principal or accessory building.
(36)Frontage: All the property on one side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is a dead-end, then all the property abutting on one side between an intersecting street and the dead-end of the street.
(37)Garage, Private: A building or part thereof accessory to a main building and providing for the storage of automobiles, enclosed on all four sides and pierced only by windows and customary doors.
(38)Hotel: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
(39) Junk: Any worn out, cast off, discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
(40) Landscape Area: An arrangement of land forms, vegetation, natural systems, features, plantings, walks, to include ground and water forms or other landscape features to fulfill aesthetic and functional requirements.
(41) Living Area: The area within a dwelling that is completely and permanently enclosed for family occupancy. Living area shall not include the following:
(a)Garages
(b)Inner Courts
(c)Patios and Porches
(42) Loading Space: A space for the parking of a vehicle while loading or unloading merchandise or materials.
(43) Lot - (Plot): A tract or parcel of land intended for occupancy or occupied
by a use permitted in the zoning district in which it is located, including
one (1) principal building, accessory structures, required open and parking
spaces, that fronts upon a street or other approved public place.
(44) Lot Area: The area of a horizontal plane intercepted by vertical projections of the front, side and rear lot lines of a building lot.
(45) Lot Corner: A lot abutting upon two (2) or more streets at their intersection.
(46)Lot Depth: The mean horizontal distance between front and rear lot lines.
(47)Lot Double Frontage: A lot having frontage on two (2) streets that do not intersect.
(48)Lot Width: The mean horizontal distance between side lot lines.
(49)Manufactured Home, Manufactured Housing, or HUD Code ManufacturerHousing: A structure constructed on or after 15 June 1976 according to the rules of the US Dept of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems. The definition does not include recreational vehicles as defined by Title 24 Code of Federal Regulations, section 3282.8(g).
(50)Mobile Home: A structure that was constructed before 15 June 1976, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when attached to a the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.
(51)Motel: A building or series of buildings in which lodging or board and lodging are provided and offered to the public for compensation and a majority of which have private and direct access from parking areas not through a common entrance or lobby.
(52)Non-Conforming Building: A structure or portion thereof that is located within the zoning district that does not comply with this Ordinance.
(53)Non-Conforming Lot: A lot or portion thereof that is located within the zoning district that does not comply with this Ordinance.
(54)Non-Conforming Use: Any use located within the zoning district that does not comply with this Ordinance.
(55)Nursery: A place where young trees or plants are raised for experimental purposes, for transplanting or for sale.
(56) Office: A building or portion thereof in which a person or persons performs common administrative, financial, managerial, medical, professional, sales, or technical functions. The definition of offices shall not include the following: