20-101. The regulations set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in these regulations.
20-201.
a. Height. Chimneys, cooling towers, elevator headhouses, fire towers, monuments, stacks, watertowers, or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.
b. Yard.
1. Front yards. The front yards established by the district regulations are to be measured from the street right-of-way fronting a property, and shall be adjusted in the following cases:
(a) Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.
(b) On through lots, the required front yard shall be provided on each street.
(c) Where a lot is located at the intersection of two (2) or more streets and there is a yard required on the side street, there shall be a yard of fifteen (15) feet on the side street. The yard on the side street shall not be greater than that of any other buildings on the side street within the same block, but the depth of the yard shall not be less than eight (8) feet on the side street.
(d) Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front and side yard not more than six (6) feet.
(e) Where twenty-five (25) percent or more of the street frontage or where twenty-five (25) percent or more of the street frontage within four hundred (400) feet of a property is improved with buildings that have a front yard that is six (6) feet greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.
2. Accessory buildings and structures.
(a) Detached accessory structures shall not be located in any required front yard setback area in any residential district, and no accessory structure may be closer than five feet to any property line, provided that detached garages with vehicle access facing an alley shall maintain a 15-foot rear yard setback. Not more than two detached accessory structures shall be permitted for each principal residence. The aggregate size of all permitted detached accessory structures shall not exceed 360 sq. ft. of floor area for every 3,000 sq. ft. of lot size, to a maximum size not exceeding that of the ground floor area of the principal residence. Principal residence shall include only that portion of the main floor of the residence used for actual dwelling area, and does not include an attached garage, shop or other work area not used principally as the actual dwelling area. Sidewall heights of accessory structures shall not exceed ten feet.
(b) Any detached accessory structure in any residential zoning district and constructed on a trenched footing must have perpendicular walls, a roof with a minimum pitch of three vertical inches for each 12 horizontal inches, and siding materials and color not inconsistent with similar buildings in the residential neighborhood as determined by the Zoning Administrator. Specifically prohibited are high-gloss exterior finishes, including silver or any other highly-reflective materials. These provisions are not applicable to fabricated storage buildings less than 100 square feet in size and detached carports, except that high-gloss and highly- reflective finishes are prohibited.
3. Structural projections. Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings or structures, and except for:
(a) Eave projections, sills, cornices and other ornamental features may project a maximum of twelve (12) inches into a required yard or setback.
(b) Open fire escapes, balconies opening onto a fire escape, chimneys and fireplaces may project no more than three and one-half (3.5) feet into a required side yard and five (5) feet into a required rear yard.
4. Additional setback requirements are set out at Section 20-11.
20-301. Where a lot is used for other than a single family residence, more than one principal use or structure may be located on such lot, provided that such buildings conform to all requirements for the district in which they are located, and all such buildings shall remain in single ownership unless such buildings and lots are certified as a condominium.
20-401. Removal of Traffic Hazards. In all areas on public or private property at any corner formed by intersecting public streets, no traffic hazard shall be allowed by installing, setting out or maintaining or allowing the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to view, or the parking of any vehicle within that triangle formed as hereby described, such areas to be described as sight triangles:
a. Uncontrolled Intersections – Local Street to Local Street: A sight triangle is the triangular area formed by the intersection of two streets bound by two lines extending from the point of intersection along the edge of traveled way for a distance of 50 feet.
b. Uncontrolled Intersections – Local to Collector/Arterial: A sight triangle is the triangular area formed by the intersection of two streets bound by two lines extending from the point of intersection along the edge of traveled way for a distance 50 feet on the local street and 60 feet on the collector or arterial street.
c. Controlled Intersections – Partial Traffic Signalization/Signage: A sight triangle is the triangular area formed by the intersection of two streets bound by two lines extending from the point of intersection along the edge of traveled way for a distance of 25 feet on the street with the stop sign and 60 feet on the street with no traffic signage.
d. Controlled Intersections – Full Traffic Signalization or 4 Way Stop Signs: A sight triangle is the triangular area formed by the intersection of two streets bound by two lines extending from the point of intersection along the edge of traveled way for a distance of 25 feet.
20-402. Exceptions. The provisions of sight triangle shall not apply to those shrubs or bushes located within a designated sight triangle, the maximum height of which is less than three (3) feet measured from the established street level. For trees located within a sight triangle, a minimum height clearance for limbs and relative growth shall be trimmed for clearance of eight (8) feet from the established street level. Utility poles and equipment required for traffic control shall be exempt from this section's restrictions.
20-501. Commercial or industrial development adjacent to a residential zone shall be screened in accordance with the approved site plan.
20-601.
a. Only the following temporary uses may be permitted.
1. Carnivals and circuses, located in a commercial or industrial zone or on public property, when located at least two hundred (200) feet from the boundary of a residential zone and for a time period not exceeding two (2) consecutive weeks.
2. Contractor's office and equipment sheds on the site of a construction project only during the construction period.
3. Model homes or development sales offices located within the subdivision or development area to which they apply, with such use to continue only until sale or lease of all units in the development.
4. Outdoor temporary sales on private property and not incorporated or in partnership with the existing business located on this property in a commercial or industrial zone, including commercial sales, swap meets or similar activities providing such sales comply with requirements for itinerant merchants as set forth in the Abilene City Code.
5. One travel trailer or manufactured home to be used as a temporary office for any allowed use in an industrial or commercial zoning district, provided that such trailer or home shall not be used for more than a one year period starting the day the home is set upon the property.
6. Temporary Residence – Owners of legal residential lots of record may apply to the Zoning Administrator for the establishment of a temporary residence while a primary residence is under construction provided a building permit for the primary residence is applied for within thirty (30) days of establishment of the temporary residence, and the following qualifications are met:
Existing Structures – A temporary residence consisting of an existing structure (home or accessory structure) shall be a permitted use in a residential district provided that:
• All life safety conditions are met to the satisfaction of the City,
• such residential use shall be abandoned or removed no later than 30 days after a certificate of occupancy is issued for the new primary structure,
• no commercial activities shall be conducted on the property, and
• no home occupation permits shall be granted until such time as the permanent residence is constructed and the temporary residence is removed or abandoned.
Mobile Structures – A temporary residence consisting of a manufactured home 1976 model year or newer, or recreational vehicle may be a temporary use in a residential district. Any such temporary use approved by the Zoning Administrator for a period not to exceed 30 days, at which time any temporary residence shall be removed from the property.
7. Animals which are customarily seen at events such as rodeos, petting zoos, fairs and circuses are an allowed temporary use in the P, C-3, I-1 and I-2 districts when adequately housed and sheltered to prevent escape.
b. Persons seeking approval for a temporary use authorized by items 1, 2 and 4 in subsection a. of this section shall make application to the Zoning Administrator at least ten (10) days in advance of the time desired for usage. The Zoning Administrator may issue a certificate of temporary use upon the payment of the temporary use permit fee imposed by the fee ordinance and upon finding:
1. The temporary use will not impair the normal, safe and effective operation of any permanent use on the same or adjoining site.
2. The temporary use will not impact the public health, safety, or convenience and will not create traffic hazards or congestion or otherwise interrupt or interfere with the normal conduct of use and activities in the vicinity.
20-701. Accessory uses are permitted in any zoning district in connection with any permitted principal use, consistent with the provisions of this section and section 20-8.
a. Definitions. An accessory use is a structure or use which:
1. Is subordinate to and serves a principal building and principal use.
2. Is subordinate in area, extent or purpose to the principal building or buildings served.
3. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served.
4. Is located on the same tract as the principal building or principal use served.
b. Permitted accessory uses. Any structure or use that complies with the terms of subsection a. of this article may be allowed as an accessory use or structure. Accessory structures and uses include, but are not limited to, the following:
1. Private garages and carports, whether detached or attached.
2. A structure for storage incidental to a permitted use.
3. A children's playhouse.
4. A private swimming pool and bathhouse.
5. A guest house or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units or permanent occupancy as house-keeping units.
6. Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls, hedges and radio and television antennas.
7. Storm shelters.
8. Retail sales of products manufactured, processed or fabricated on site.
9. Storage of recreational equipment, such as boats, boat trailers, camping trailers and motor homes, provided no such equipment is occupied for dwelling purposes.
10. Restaurants, drug stores, gift shops, club and lounges and newsstands when located in a permitted hotel, motel or office building.
11. Offices for permitted business and industrial uses when the office is located on the same site as the business or industry to which it is an accessory.
12. The storage of retail merchandise when located within the same building as the principal retail business.
c. Prohibited accessory uses. None of the following shall be permitted as an accessory use:
1. Outdoor storage, except as specifically permitted in the district regulations.
2. Storage of containers typically transported by tractor-trailer rigs, in a residential district, except where completely enclosed within a structure.
20-801. No detached accessory building shall occupy a required yard or be located within ten (10) feet of any dwelling existing or under construction on the building site.
20-802. No single accessory building in a zoning district where residences are a permitted use shall occupy more than 30%, nor shall all such buildings collectively occupy more than 40% of the required yard spaces in the rear half of the lot. In the case of a corner lot no accessory building shall project closer to the street side yard than the front yard abutting.
20-803. Garages shall not be constructed upon lots in residential-zoned districts upon which no principal dwelling is located.
20-901. Except as otherwise specifically provided elsewhere in these regulations or other codes and regulations of the City, the following restrictions shall apply to the construction of all fences or improvements, replacements or extensions of existing fences.
a. No fence shall be constructed at a location where it would constitute a traffic hazard.
b. A property owner may install a fence within a dedicated easement at his or her own risk of having to remove or repair such fence due to the lawful activities of persons or entities under the easement.
c. For corner lots the following rules shall apply: All sides adjacent to a street shall be considered front yards, with the one on the non-address side having the lesser setback requirement. The primary front yard shall meet the applicable district setback. However, on corner lots back to back with another corner lot, the fence may be installed up to the non-address side property line, in the front yard setback area.
d. For institutional uses in residential districts, such as schools, parks, hospitals and cemeteries, a fence may be constructed in the front yard setback provided it complies with subsections b, d and e of this section, and has a maximum eight (8) foot height.
e. A fence may be erected in a commercial district or industrial district to not more than an eight foot maximum height, except where these Regulations provide otherwise.
f. A fence may be erected in a residential district to not more than eight (8) foot maximum height, except where these Regulations provide otherwise.
g. Fences in Required Yards.
1. Fences projecting into required yards shall conform to the following maximum heights:
a. Residential Districts: Fences or walls shall not exceed six feet in height for any required side yard, four feet in height for a required front yard, and eight feet in height for required rear yards.
b. Commercial Districts: Fences or walls shall not exceed eight feet in height.
c. Industrial Districts: Fences or walls shall not exceed eight feet in height.
2. Security fences not less than six feet in height shall be required for permanent and temporary swimming pools that exceed a depth of thirty inches.
3. Barbed wire fences are prohibited inside the City limits, except:
a. When property exclusively used for agricultural purposes is annexed into the City and the barbed wire fencing does not pose a risk to pedestrians. Risk to pedestrians shall be presumed when any barbed wire fencing is located within 10 feet of any pedestrian sidewalk, street or public thoroughfare.
b. On top of perimeter fencing of storage areas in industrial and commercial district zones, provided that barbed wire atop such fences shall be at least 6 feet above the ground with a maximum fence height of 8 feet;
4. Electric charged fences are prohibited inside the City limits except:
a. An electric fence not exceeding 24 volts and completely contained within a landowner’s fenced property shall be permitted if the landowner first obtains approval from City Code Enforcement;
b. Electronic detector loops for animal containment systems shall not be classified as an electric charged fence;
5. Concertina wire or looped barbed-wire fences are prohibited inside the City limits except for use by law enforcement for detention facilities.
20-1001.
a. In order to be classified as a Residential-Design Manufactured Home a structure must be manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards generally know as the HUD Code established in 1976 pursuant to 42 U.S.C. Sec. 5403. Such structures shall provide all of the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable City regulations. Such a structure shall be on a permanent- type, enclosed perimeter foundation which has minimum dimensions of 22 body feet in width excluding bay windows, garages, porches, patios, pop- outs and roof overhangs; a pitched roof; siding and roofing materials which are customarily used on site-built homes; and which complies with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:
1. The roof must be predominantly double-pitched and have a minimum vertical rise of four (4) inches for every twelve (12) inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles, clay or concrete title, slate or fiberglass, but excluding corrugated aluminum or corrugated fiberglass roof. The roof shall have a minimum eave projection and roof overhang on at least two sides of ten (10) inches which may include a gutter.
2. Exterior siding shall be of a nonreflective material customarily used on site-built dwellings such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with any applicable City-adopted building codes.
3. The home shall be installed in accordance with the recommended installation procedure of the manufacturer and any applicable building code adopted by the City.
4. The running gear, tongue, axles and wheels shall be removed from the unit at the time of installation. Either a basement or a continuous, permanent masonry foundation or curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home.
5. At the main entrance door there shall be a landing that is a minimum of twenty-five (25) square feet which is constructed to meet the requirements of any applicable City-adopted building codes.
6. On level sites, the main floor shall be no greater than twenty four (24) inches above the finished grade at the foundation. On sloping or irregular sites, the main floor at the side closest to grade level shall not be greater than twenty-four (24) inches above the finished grade at the foundation.
7. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the City- adopted building codes and attached permanently to the primary structure and anchored permanently to the ground.
8. Any attached addition to such a home shall comply with all construction requirements of the City-adopted building codes, unless designed and constructed by a manufactured home factory.
b. For purposes of these regulations, the term “manufactured home”, when used by itself, shall not include a “residential-design manufactured home”.
20-1101. For purposes of determining the applicability of building setback lines established in these regulations whenever any two or more provisions in these regulations establish building setback lines that are applicable to a given building or structure, the regulation establishing the more restrictive standard shall be the regulation which controls.
20-1102. Where allowed, gasoline or other fuel dispensing pumps, excluding canopies, shall not be located less than twelve (12) feet from any right-of-way line or easement.
20-1103. Canopies covering gas or other fuel pumps shall be located so that no part of the structure is less than ten (10) feet from the property line. Such structures shall meet all other setback requirements in these regulations.
20-1201. Home occupations, as defined in Article 2 of these regulations, shall be permitted by right in the “A, Agricultural” District, and the “CS, Countryside” District, “MHS, Mobile Home Subdivision” District, the “R-1, Low Residential” and “R-2, Medium Density” Residential Districts and shall be permitted as a conditional use in the “R-3, Heavy Density Residential District”, subject to the following:
a. Restrictions and Limitations; All Home Occupations. The following shall apply to any home occupation in existence at the time of, or commenced after, the effective date of these Regulations:
1. No exterior alterations or other construction shall be made to the dwelling which changes the character or appearance from its primary residential use.
2. No equipment or material shall be used which creates any noise, vibration, smoke or odors perceptible at the boundary lines of the property, which would be in excess of that ordinarily created by a single-family residential dwelling. If in an “R-2, Medium Density” or “R-3, Heavy Density” Residential District, this requirement shall be interpreted so as not to interfere with an adjoining property owner's reasonable expectation of enjoyment of their property.
3. No merchandise shall be displayed or sold on the premises to members of the general public, except craft or articles made by the person operating the home occupation . In no instance shall there be any outside display of such articles in connection with the home occupation. “Members of the general public” shall not include persons who have prior individualized invitation.
20-1202. Power of Zoning Administrator. The Zoning Administrator is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of Section 20-12, including the power to:
a. Investigate any home occupation or alleged home occupation, to determine whether or not such is in compliance with these regulations.
b. Enter upon premises for the purpose of making examinations: provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.
20-1203. Permitted home occupations are primarily of a service nature similar to, but not limited to, the following:
a. Artists, sculptors and writers.
b. Custom dressmaking, tailoring or sewing of fabrics.
c. Giving of lessons of any type, provided instruction does not exceed five (5) pupils at a time. Such limitation shall not apply to recitals or other performances.
d. Professional offices for architects, engineers, computer software engineers, planners, lawyers, accountants, bookkeepers, realtors, insurance agents, brokers, sales representatives, contractors, and similar occupations.
e. Fabrication and/or assembly of handicraft or hobby articles.
f. Occupations where business is conducted primarily or exclusively over the Internet.
g. Photographic studios.
h. Beauty or barber shops having one chair, stand or station.
i. Multi-level marketing and home party product sales, including but not limited to, Avon, Mary Kay Cosmetics and Tupperware.
j. Sales of farm or garden produce, bulbs, plantings or cut flowers when grown on the same premises as the residence.
20-1204. Except where allowed as a permitted or conditional use, home occupations shall not in any event include the following:
a. Antiques, either retail or wholesale.
b. Animal care other than grooming.
c. Funeral homes or services.
d. Retail sale or rental of any goods or products, other than where the commercial exchange constituting such sales or rental is accomplished by means of catalog orders, whether in written or electronic form.
e. Automotive sales, repair or service of any type.
f. Appliance repairs (other than for small electronic devices including computers and hand-held household appliances).
g. Small-engine repairs.
20-1301. The purpose and intent of this section on antennas is to build, preserve and enhance such community values as the general appearance of neighborhoods, particularly those of residential character. In addition, the regulations are designed to preserve property values, prevent property damage, promote the health, safety and general welfare of all residents and property owners and to protect the legal rights of residents and property owners who reside and own property in areas where antennas are constructed.
20-1302. Antennas and satellite dish antennas may be constructed as an accessory use in all zoning districts provided the development standards of this section are met. Each lot may have one antenna and one satellite dish placed within its boundaries as a matter of right. Additional antennas and satellite dish antennas may be allowed as a Conditional Use under these regulations.
20-1303. The following development standards shall be applied to the placement and construction of all antennas and satellite ground antennas:
a. Television and radio receiving antennas shall not exceed 60 feet in height and shall be located at a distance inside the nearest property line of the lot at least equal to one-third its height.
b. Satellite antennas, whether ground mounted or structure mounted, shall not exceed 40 inches in diameter nor 8 feet in height from the natural ground level when mounted on the ground. No such restriction applies to satellite antennas mounted on the principal residence or accessory structure.
c. Ground satellite antennas shall not be placed in a front or side yard and shall not be located closer to any lot line than the distances provided as yard requirements in the zoning district in which the property is located.
12-1401. Definitions. As used in this article, the following terms shall be defined as follows:
(l) Critical drainage area is an area designated on the official zoning map of the city that is subject to periodic flooding due to stormwater ponding or sheet flow.
(2) Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining , dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
(3) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(i) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
(ii) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(4) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
(5) Historic structure means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register ; (b) certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior ; or (d) individually listed on a local inventory of historic places under a historic preservation program that has been certified either:
(i) By an approved state program as determined by the secretary of the interior; or
(ii) Directly by the secretary of the interior.
12-1402. Critical drainage areas. Critic al drainage areas may be designated by the board of city commissioners following a report and recommendation from the planning commission. The city engineer shall identify areas that should be considered for designation as critical drainage areas. No development or substantial improvement may be undertaken within a critical drainage area without first obtaining a permit from the zoning administrator. The zoning administrator shall not approve any development which does not provide adequate drainage improvements so as not to inordinately expose the development as well as surrounding land to increased stormwater flooding. The drainage improvements shall be designed in accordance with criteria established by the city engineer. The city engineer shall review proposed drainage improvement plans and advise the zoning administrator if such plans comply with established criteria. The completion of said improvements shall be the responsibility of the applicant. This regulation shall not apply to any platted lot zoned single family residential, regardless of size, nor any platted lot containing less than ten thousand (10,000) square feet of land area, regardless of the zoning classification.