City of St. Hedwig, TX 78152
Ordinance Number 0909
Adopted December 3, 2009
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2009 St. Hedwig Zoning Ordinance Page 24
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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BE IT 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 the 2003 St. Hedwig Zoning Ordinance.
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.