Andrews City Zoning Code

ARTICLE IV

SUPPLEMENTARY DISTRICT REGULATIONS

§ 66-691 Accessory buildings allowed.

Accessory buildings in residential districts.

Accessory buildings may be permitted in residential districts in accordance with the following:

On a lot in any residential district having less than 9,600 square feet, accessory buildings, including a private garage, washhouse, toolhouse, or den, but excluding structures designed for dwelling purposes, may be permitted except for a washing machine and/or janitor-type sink.

On a lot in any residential district having 9,600 square feet or more, accessory buildings, including a private garage, washhouse, toolhouse, den, guesthouse, or servant’s quarters, may be permitted.

On a lot in any residential district where the main or primary dwelling exist and where any adjacent property (not found cross any right-of-way or easement) is platted as one incorporated lot or where either the main or primary dwelling is constructed five feet or greater across the lots common property line or where the accessory building will be constructed five feet or greater cross the lots common property line.

Accessory buildings in commercial or industrial districts.

Accessory buildings may be permitted in commercial or industrial districts in accordance with the following:

On a lot in any commercial or industrial district, accessory buildings, including structures designed for living quarters for caretakers or watchmen employed on the premises, may be permitted. Accessory buildings designed for living quarters shall comply with all the requirements of the single-family district.

On a lot in any commercial or industrial district, accessory buildings, including structures designed or intended as living quarters, may be permitted, provided the accessory building designed or intended as living quarters shall be an integral part of a planned industrial development and shall meet all the requirements of a single-family district; further, such accessory building shall be approved by the city council after having the recommendation of the planning and zoning commission regarding the suitability of the plan for dwelling purposes.

(1966 Code, sec. 12-34)

§ 66-692 Location.

Location of accessory buildings shall be the same as in the single-family district.

(1966 Code, sec. 12-34)

§ 66-693 Double garage.

A double garage with a fire resistant wall at least six inches thick of masonry construction, along a common property line, dividing the two stalls, may be constructed, provided that the party wall along the common property line extends above the roofline at least 18 inches.

(1966 Code, sec. 12-34)

§ 66-694 Temporary material sheds.

Construction of material sheds shall be located as shown on the copy of plot plans and approved by the building official before any construction is done.

(1966 Code, sec. 12-34)

§ 66-695 Parking of unoccupied mobile homes.

Parking of unoccupied mobile homes is prohibited except in locations zoned for mobile homes, and all mobile homes shall be parked in conformance with setback requirements and shall be required to be properly anchored and permitted. Such mobile homes shall not be utilized as an accessory building for storage.

(1966 Code, sec. 12-34)

§ 66-751 Front yards.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire block.

If 30 percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, the average front yard so established shall be observed; provided, however, that this shall not be interpreted as requiring a front yard of more than 50 feet.

Where a building line has been established by ordinance and such line requires a greater front yard setback than is prescribed by this chapter in the district in which the building line is located, the required front yard shall comply with the building line so established.

Where a building line is shown on a plat recorded with the proper authority and such building line provides a front yard of 20 feet or more in depth and is part of a plan for the orderly development of a subdivision with a staggered building line, the building line so shown shall be interpreted as establishing the front yard requirements for the lots in the subdivision.

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Open terraces, entrance slabs, eaves and roof extensions may project into the required front yard for a distance not to exceed four feet.

Where lots have double frontage, running through from one street to another, or if odd-shaped lots have frontage on more than one street, a required front yard shall be provided on all streets unless a building line for accessory buildings has been established on the plat or by ordinance, in which event only the yard requirements on the plat must be observed.

(1966 Code, sec. 12-34)

§ 66-752 Side and rear yards.

Every part of a side or rear yard required by this chapter shall be open and unobstructed except for accessory buildings permitted in this chapter and the ordinary projections of windowsills, belt courses, cornices, and other architectural features projecting no more than 24 inches into the required side or rear yard.

Where a side yard adjoins a side street on a corner lot, no garage, carport, or motor vehicle storage structure with access to the side street may be erected nearer to the side property line than allowed in section 66-274(b) and (c).

(1966 Code, sec. 12-34)

§ 66-753 Lot area.

Any lot containing less area than required by the regulations in the district in which the lot is situated that was of record prior to the adoption of the ordinance from which this chapter is derived may be used for one-family purposes.

(1966 Code, sec. 12-34)

§ 66-754 Location of dwellings and buildings.

Only one main building for one-family, two-family, or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, other than an alley. Where a lot is used for retail, commercial, industrial purposes or a combination of such purposes or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley. Whenever two or more main buildings or portions thereof are placed upon a single lot or tract and such buildings will not face upon a street, the buildings may be permitted when the site plan for such development is approved by the planning and zoning commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirement for any other dwelling or use.

(1966 Code, sec. 12-34)

§ 66-755 (Reserved)

Editor’s note–Former sec. 66-755, which pertained to special development signs, has been superseded, at the editor’s discretion, by Ordinance 1553, adopted Nov. 13, 2014, which has been included herein as Art. V (sign regulations), secs. 66-791–66-817.

§ 66-756 Temporary construction buildings.

Temporary buildings to be used for construction purposes may be erected. Upon completion or abandonment of construction work, such field offices and buildings shall be removed at the direction of the building official.

(1966 Code, sec. 12-34)

§ 66-757 Fences.

Fences may be constructed to enclose privately owned property. Any person, including the owner, installing such fence shall first obtain from the building official a permit to install such fence. The nonrefundable fee for such permit shall be as set out in Appendix A. Electric fences are prohibited.

No fence or gate may be constructed upon or across any dedicated or publicly owned property, right-of-way, alley or roadway.

Front yard fences on residential property shall not exceed the height of three feet at any point in the front yard building setback line established by this chapter. Except when the construction and material of the fencing allows the ability to see through a majority of the fence, such as chain link or railing fence, then the fence may be four feet in height.

Back yard fences may not exceed seven feet in height.

A corner lot that has an exterior side yard that is an intended front yard shall be allowed a maximum fence as set forth in subsection (c) within 15 feet of said exterior side yard property line.

Back yard fences that exceed five feet in height shall be required to have a minimum of one rear access gate, door or opening at the alley and a minimum of one access gate, door or opening at or near the main building. Locking of such gates and doors is permissible.

General commercial and industrial zoned properties may fence in the required 25 feet front setback area with a fencing material, such as chain link security fencing or comparable. The height shall not exceed eight feet but shall not store or place objects in the required area and shall maintain the open front setback area and the area shall be maintained as an open front setback area.

Local retail and central business districts shall not fence the required front setback. No storage or placement of objects over three feet in height in the required setback area are allowed when the property is unoccupied and the area shall be maintained as an open front setback area.

(1966 Code, sec. 12-34)

§ 66-758 Construction and/or operation of electric fences prohibited.

The term “electric fence,” as used in this section, shall mean any fence connected to any source of current capable of producing an electric shock when touched by any person, animal or object.

It shall be unlawful for any person to construct, operate and/or own any electric fence within the corporate city limits.

(1966 Code, sec. 12-34)

§ 66-759 Parking of unoccupied mobile homes.

Parking of unoccupied mobile homes is prohibited except in locations zoned for mobile homes, and all mobile homes shall be parked in conformance with setback requirements and shall be required to be properly anchored and permitted. Such mobile homes shall not be utilized as an accessory building for storage. Mobile home sales lots are an allowed use in general commercial zones.

(Ordinance 1553 adopted 11/13/14)

§ 66-760 Satellite dishes.

There is hereby prohibited the location of satellite signal reception dishes upon the front yard or side yard of residential buildings located within the city limits.

(Ordinance 1553 adopted 11/13/14)

Andrews City Zoning Code

ARTICLE IV

SUPPLEMENTARY DISTRICT REGULATIONS

§ 66-691 Accessory buildings allowed.

Accessory buildings in residential districts.

Accessory buildings may be permitted in residential districts in accordance with the following:

On a lot in any residential district having less than 9,600 square feet, accessory buildings, including a private garage, washhouse, toolhouse, or den, but excluding structures designed for dwelling purposes, may be permitted except for a washing machine and/or janitor-type sink.

On a lot in any residential district having 9,600 square feet or more, accessory buildings, including a private garage, washhouse, toolhouse, den, guesthouse, or servant’s quarters, may be permitted.

On a lot in any residential district where the main or primary dwelling exist and where any adjacent property (not found cross any right-of-way or easement) is platted as one incorporated lot or where either the main or primary dwelling is constructed five feet or greater across the lots common property line or where the accessory building will be constructed five feet or greater cross the lots common property line.

Accessory buildings in commercial or industrial districts.

Accessory buildings may be permitted in commercial or industrial districts in accordance with the following:

On a lot in any commercial or industrial district, accessory buildings, including structures designed for living quarters for caretakers or watchmen employed on the premises, may be permitted. Accessory buildings designed for living quarters shall comply with all the requirements of the single-family district.

On a lot in any commercial or industrial district, accessory buildings, including structures designed or intended as living quarters, may be permitted, provided the accessory building designed or intended as living quarters shall be an integral part of a planned industrial development and shall meet all the requirements of a single-family district; further, such accessory building shall be approved by the city council after having the recommendation of the planning and zoning commission regarding the suitability of the plan for dwelling purposes.

(1966 Code, sec. 12-34)

§ 66-692 Location.

Location of accessory buildings shall be the same as in the single-family district.

(1966 Code, sec. 12-34)

§ 66-693 Double garage.

A double garage with a fire resistant wall at least six inches thick of masonry construction, along a common property line, dividing the two stalls, may be constructed, provided that the party wall along the common property line extends above the roofline at least 18 inches.

(1966 Code, sec. 12-34)

§ 66-694 Temporary material sheds.

Construction of material sheds shall be located as shown on the copy of plot plans and approved by the building official before any construction is done.

(1966 Code, sec. 12-34)

§ 66-695 Parking of unoccupied mobile homes.

Parking of unoccupied mobile homes is prohibited except in locations zoned for mobile homes, and all mobile homes shall be parked in conformance with setback requirements and shall be required to be properly anchored and permitted. Such mobile homes shall not be utilized as an accessory building for storage.

(1966 Code, sec. 12-34)

§ 66-751 Front yards.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire block.

If 30 percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, the average front yard so established shall be observed; provided, however, that this shall not be interpreted as requiring a front yard of more than 50 feet.

Where a building line has been established by ordinance and such line requires a greater front yard setback than is prescribed by this chapter in the district in which the building line is located, the required front yard shall comply with the building line so established.

Where a building line is shown on a plat recorded with the proper authority and such building line provides a front yard of 20 feet or more in depth and is part of a plan for the orderly development of a subdivision with a staggered building line, the building line so shown shall be interpreted as establishing the front yard requirements for the lots in the subdivision.

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Open terraces, entrance slabs, eaves and roof extensions may project into the required front yard for a distance not to exceed four feet.

Where lots have double frontage, running through from one street to another, or if odd-shaped lots have frontage on more than one street, a required front yard shall be provided on all streets unless a building line for accessory buildings has been established on the plat or by ordinance, in which event only the yard requirements on the plat must be observed.

(1966 Code, sec. 12-34)

§ 66-752 Side and rear yards.

Every part of a side or rear yard required by this chapter shall be open and unobstructed except for accessory buildings permitted in this chapter and the ordinary projections of windowsills, belt courses, cornices, and other architectural features projecting no more than 24 inches into the required side or rear yard.

Where a side yard adjoins a side street on a corner lot, no garage, carport, or motor vehicle storage structure with access to the side street may be erected nearer to the side property line than allowed in section 66-274(b) and (c).

(1966 Code, sec. 12-34)

§ 66-753 Lot area.

Any lot containing less area than required by the regulations in the district in which the lot is situated that was of record prior to the adoption of the ordinance from which this chapter is derived may be used for one-family purposes.

(1966 Code, sec. 12-34)

§ 66-754 Location of dwellings and buildings.

Only one main building for one-family, two-family, or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, other than an alley. Where a lot is used for retail, commercial, industrial purposes or a combination of such purposes or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley. Whenever two or more main buildings or portions thereof are placed upon a single lot or tract and such buildings will not face upon a street, the buildings may be permitted when the site plan for such development is approved by the planning and zoning commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirement for any other dwelling or use.

(1966 Code, sec. 12-34)

§ 66-755 (Reserved)

Editor’s note–Former sec. 66-755, which pertained to special development signs, has been superseded, at the editor’s discretion, by Ordinance 1553, adopted Nov. 13, 2014, which has been included herein as Art. V (sign regulations), secs. 66-791–66-817.

§ 66-756 Temporary construction buildings.

Temporary buildings to be used for construction purposes may be erected. Upon completion or abandonment of construction work, such field offices and buildings shall be removed at the direction of the building official.

(1966 Code, sec. 12-34)

§ 66-757 Fences.

Fences may be constructed to enclose privately owned property. Any person, including the owner, installing such fence shall first obtain from the building official a permit to install such fence. The nonrefundable fee for such permit shall be as set out in Appendix A. Electric fences are prohibited.

No fence or gate may be constructed upon or across any dedicated or publicly owned property, right-of-way, alley or roadway.

Front yard fences on residential property shall not exceed the height of three feet at any point in the front yard building setback line established by this chapter. Except when the construction and material of the fencing allows the ability to see through a majority of the fence, such as chain link or railing fence, then the fence may be four feet in height.

Back yard fences may not exceed seven feet in height.

A corner lot that has an exterior side yard that is an intended front yard shall be allowed a maximum fence as set forth in subsection (c) within 15 feet of said exterior side yard property line.

Back yard fences that exceed five feet in height shall be required to have a minimum of one rear access gate, door or opening at the alley and a minimum of one access gate, door or opening at or near the main building. Locking of such gates and doors is permissible.

General commercial and industrial zoned properties may fence in the required 25 feet front setback area with a fencing material, such as chain link security fencing or comparable. The height shall not exceed eight feet but shall not store or place objects in the required area and shall maintain the open front setback area and the area shall be maintained as an open front setback area.

Local retail and central business districts shall not fence the required front setback. No storage or placement of objects over three feet in height in the required setback area are allowed when the property is unoccupied and the area shall be maintained as an open front setback area.

(1966 Code, sec. 12-34)

§ 66-758 Construction and/or operation of electric fences prohibited.

The term “electric fence,” as used in this section, shall mean any fence connected to any source of current capable of producing an electric shock when touched by any person, animal or object.

It shall be unlawful for any person to construct, operate and/or own any electric fence within the corporate city limits.

(1966 Code, sec. 12-34)

§ 66-759 Parking of unoccupied mobile homes.

Parking of unoccupied mobile homes is prohibited except in locations zoned for mobile homes, and all mobile homes shall be parked in conformance with setback requirements and shall be required to be properly anchored and permitted. Such mobile homes shall not be utilized as an accessory building for storage. Mobile home sales lots are an allowed use in general commercial zones.

(Ordinance 1553 adopted 11/13/14)

§ 66-760 Satellite dishes.

There is hereby prohibited the location of satellite signal reception dishes upon the front yard or side yard of residential buildings located within the city limits.

(Ordinance 1553 adopted 11/13/14)