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Center Point City Zoning Code

ARTICLE 11.

GENERAL REGULATIONS AND SUPPLEMENTAL PROVISIONS

Sec. 1101. - One main building on lot.

Every building hereafter erected or moved shall be located on a lot, tract or parcel, and in no case shall there be more than one principal residential building (and its accessory buildings) on any one lot, tract or parcel, except as provided in Article 6, Sections 606 and 607 of this Ordinance.

Sec. 1102. - Principal building to be built prior to accessory building.

In all residential districts, and in recorded subdivisions in an A-1 (Agriculture) zoning district, the construction of the principal building must take place prior to the establishment or construction of an accessory building.

Sec. 1103. - Water supply and sewage disposal.

Every residence, business, trade, or industry hereafter established and requiring water supply and sewage disposal facilities shall provide such facilities conforming to standards of design and location approved by the State and County Health Authorities, and/or the Director of the Jefferson County Department of Environmental Services.

Sec. 1104. - Buffer strip and privacy fence requirements.

In cases where a buffer strip, greenbelt or privacy fence is required or deemed necessary for the protection and/or separation of uses on adjoining properties or parcels, the following elements shall constitute the minimum requirements for each (unless otherwise specified in individual cases):

1104.01 For a buffer strip or greenbelt, a planted strip at least 15 feet in width composed of living deciduous or evergreen trees spaced not more than ten feet apart, and not less than one row of dense, living evergreen shrubs spaced not more than five feet apart. However, it is further provided that the preservation and use of natural vegetation (already existing on a site) may be utilized as a buffer upon determination by the Department of Inspections that the composition of such existing vegetation meets the minimum planting requirements of this Section; and that the density and location of said vegetation is such that it can adequately perform the functions of a buffer. In any case, all buffer strips and greenbelts shall be maintained as such in perpetuity by the owner of the property.

1104.02 For a privacy fence, a solid wooden fence, a minimum of eight feet in height, erected on the interior of the property in question at least 15 feet from and parallel to the property line(s) abutting the parcels that are to be screened. The land area between the privacy fence and the property line shall be grassed, landscaped or otherwise maintained as a buffer strip or greenbelt, and both said grassed or landscaped area and the fence shall be perpetually maintained neat and orderly in appearance by the owner of the property.

Sec. 1105. - Required yards not to be used by another building.

The minimum yards or other open spaces required by this Ordinance for each and every building hereafter erected, moved or structurally altered shall not be encroached upon or considered to meet the yard or open space requirements of any other building.

Sec. 1106. - Reduction of lot and yard areas.

No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

Sec. 1107. - Garage apartments and guesthouses.

Garage apartments and guesthouses will be permitted only on appeal to, and upon approval of, the Board of Zoning Adjustment. In cases where such approval is granted, the floor area encompassed by a permitted garage apartment or guesthouse shall not be considered as, or be subject to, any size or number limitations that may pertain to customary accessory buildings or structures in the zoning district affected. No garage apartment or guesthouse shall be used as rental property and may only be occupied by family members as defined in this Ordinance.

Sec. 1108. - Incidental uses.

Unless otherwise prohibited or restricted, a permitted use also allows uses, buildings and structures incidental thereto if located on the same site or building plot. However, such incidental uses, buildings and structures shall not be established or erected prior to the establishment or construction of the principal use or building (except in an A-1 (Agriculture) zoning district where the property is not in a recorded subdivision), and shall be compatible with the character of the principal use.

Sec. 1109. - Regulations pertaining to farm animals, fowls and kennels.

Farm animals and fowls are permitted only in agricultural districts, on parcels of five acres or greater. Kennels are prohibited in all residential districts.

Sec. 1110. - Use exemptions.

1110.01 Exemptions from use regulations. The following uses are permitted in any district, provided the parties in interest have complied with all existing laws and regulations governing such installations: poles, towers, wires, cables, conduits, pipe lines, utility vaults, laterals or other similar distributing equipment; and any roads or ways of any description, provided, that proper and necessary "use" and "building" permits are secured. No permit is required for harvesting timber and/or reforestations; however, neither mineral extraction nor any structure used in the extraction of minerals shall be exempt under this Section.

1110.02 Exemptions from height limitations. The height limitations of this Ordinance, if any, shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; nor shall they apply to monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of airports (as required by FAA regulations) or in Section of this Ordinance.

Sec. 1111. - Alcoholic beverages.

1111.01 General. All petitions and/or applications for conditional use permits covering the sale of alcoholic beverages shall be referred to the County Sheriff for criminal history and comment, and the Sheriff's report must accompany each application for such a conditional use permit or change of zoning. An application fee for all applications to sell alcoholic beverages will be assessed in accordance with Section 1803 of this Ordinance.

(Ord. No. 01-2005-03, § 1111.01, 7-14-2005)

1111.02 Location requirements. No establishment offering the sale of liquor for off-premises consumption or on-premises consumption shall be permitted in any zoning district with the sole exception of establishments approved as a conditional use in a C-1 District, as provided in Section 803.04 hereof.

(Ord. No. 01-2005-03, § 1111.02, 7-14-2005)

1111.03 [Repealed]

(Ord. No. 01-2005-03, 7-14-2005)

Sec. 1112. - Construction trailers.

Portable, mobile or transportable temporary contractors' construction buildings, the use of which are incidental to construction operations being conducted on the same or adjoining lot or tract, will be allowed, with permit, in all districts, provided they are not used as a dwelling. These temporary structures are exempt from setback requirements; however, the safe placement of such structures shall be the sole liability of the permit holder. These buildings or structures shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of one year, except, however, that at the end of one year, an application for a renewal permit may be made for a one-year extension.

Sec. 1113. - Subdivision sales offices.

In developing subdivisions in any residential zoning district, the use of a single lot for the conduct of real estate sales operations shall be permitted only in accordance with the provisions of this Section.

1113.01 Conditions of permit. Such real estate operations as may be allowed herein shall:

a.

Strictly involve the sales of properties/units only within the subdivision in which said office is permitted;

b.

Be limited to one such office per subdivision/development;

c.

Maintain the exterior of the building/structure in which any sales operation is conducted to the level of appearance as when originally constructed or manufactured; and

d.

Improve the property on which any sales office is located such that it shall be landscaped and maintained in a manner that maximizes its aesthetic compatibility with residences on surrounding lots. (Or any other violation of the zoning regulations shall automatically and instantaneously void any permit issued under this Section.)

1113.02 Location of sales offices. Sales offices permitted under this Section shall be placed on properties only as set forth below:

a.

A zoning approval must be issued by the Zoning Officer prior to implementation or placement of any such sales office in Center Point.

b.

Sales offices shall be located either at an entrance to the subdivision, or at a location where no adjoining lots have already been developed or sold for residential purposes.

1113.03 Signs. In addition to the general requirements and restrictions of Article 13 of this Ordinance, signage for real estate sales operations permitted under this Section shall be further limited to one identification sign per property/office, with the size of said sign not to exceed a maximum of eight square feet.

1113.04 Expiration of permit. Any such permit authorizing the use of any property for real estate sales under this Section shall expire at the end of three years, or upon completion of the sale of 90 percent of the lots contained in the subject subdivision, whichever occurs first. Extensions may be considered upon appeal only.

1113.05 Final disposition of property used for real estate sales operations. Upon discontinuance of any property's use for sales operations, the property in its entirety, including any structures thereon, will promptly be made suitable for sale and use as a residence in full accordance with the regulations and requirements of the zoning district in which it is located.

1113.06 Additional provisions regarding real estate sales operations conducted in model homes. In addition to the restrictions and requirements specified above (Sections 1113.01 through 1113.05), the conduct of real estate sales in model homes shall only be permitted provided the structure is located and constructed, and the entire property itself developed and maintained, in accordance with all applicable requirements of the zoning district in which the property is located.

1113.07 Additional provisions regarding real estate sales operations conducted in any kind of portable, modular or mobile building or structure. In addition to all of the restrictions and requirements specified above (Sections 1113.01 through 1113.05), the following conditions shall apply to any portable, modular or mobile structure or building to be used for sales offices under the authority of this Section:

a.

Such structure shall be located, and the entire property itself developed and maintained, in accordance with all applicable requirements of the zoning district in which the property is located (said structure to be considered, for the purposes of this Section alone, a "dwelling" as would otherwise be permitted within the district in which said structure is located).

b.

Any such structure shall be underpinned and skirted, and otherwise installed and maintained in full accordance with all requirements and regulations of the Office of the Zoning Officer.

c.

Said structure shall be removed within 45 days of:

1.

The expiration of the permit authorizing same;

2.

Completion of the sale of 90 percent of the lots within the subject subdivision; or,

3.

Discontinuation of the structure's use for sales purposes, for any reason, for a period of 45 days.

1113.08 Sales offices prohibited. No sales office shall be permitted in any subdivision containing less than 20 lots.

Sec. 1114. - Regulations governing mobile homes in A-1 zoning.

Mobile homes are prohibited in all zoning districts within the jurisdiction of the City. However, mobile homes limited to personal or family use only (i.e., not for rental purposes) shall be allowed in A-1 (Agriculture) zoning districts upon compliance with all of the requirements of this Section.

1114.01 Area and dimensional requirements.

a.

Minimum lot area: 15,000 square feet

b.

Minimum lot width: 100 feet

c.

Minimum yard requirements:

Front: 35 feet from the right-of-way of a dedicated road, or 60 feet from the centerline of an undedicated road.

Rear: 35 feet

Side: 15 feet

d.

The mobile home as located on the proposed site shall be at least 75 feet from the nearest residential structure (excluding other mobile homes) located on property under separate ownership.

e.

All other setback requirements of Article 10, Sections 1001 through 1003 of this Ordinance, as may be applicable.

1114.02 Sanitation requirements. Prior to the placement of any mobile home upon a property, sanitation must be approved by the appropriate sanitation authority.

1114.03 Additional provisions regarding mobile homes, used for personal or family use only, in an A-1 (Agriculture) Zoning District. In an A-1 (Agriculture) Zoning District, a parcel, or two or more contiguous parcels under the same ownership, will allow the following:

a.

One mobile home on a (cumulative) minimum total area of 15,000 square feet.

b.

One mobile home and one single-family dwelling on a (cumulative) minimum total area of 30,000 square feet.

c.

Two mobile homes on a (cumulative) minimum total area of one acre (43,560 square feet).

d.

Two mobile homes and one single-family dwelling on a (cumulative) minimum total area of 45,000 square feet.

e.

Three mobile homes on a (cumulative) minimum total area of two acres.

1114.04 Multiple mobile homes prohibited. In no case will four or more mobile homes be permitted to locate on a single parcel, or on multiple parcels under the same ownership.

1114.05 Permits and fees.

a.

A permit fee shall be required for each mobile home in accordance with Article 18, Section 1803 of this Ordinance.

b.

If all of the requirements of this Section have been complied with, the right to keep a mobile home on the site on which it is to be located shall be for one year; provided, however, that there shall be automatic renewals of one year each as long as all of the requirements and conditions of this Section continue to be met.

Sec. 1115. - Temporary emergency relief.

The Zoning Officer is hereby granted authority to provide immediate temporary emergency relief, to applicants requesting such, by permitting the installation of a mobile home on an applicant's property under the following conditions:

a.

Such permit shall be valid only for a period not to exceed one year from the date of issuance;

b.

Such permit shall not be transferable; and

c.

Prior to issuance of such permit, the Zoning Officer must be reasonably satisfied that the applicant's requested relief is necessary, and that the need for such relief is directly related to damage resulting from fire or natural disaster.

Sec. 1116. - Mobile homes for security purposes.

Mobile homes may be permitted for security purposes in all zoning districts within the jurisdiction of the City under the following conditions:

a.

Such permit shall be valid for a period of up to one year from date of issuance, but may be renewed as may be approved by the Zoning Officer;

b.

All requirements of Section 1114 of this Article must be met;

c.

Any mobile home permitted under this Section is to be used as a residence only; and

d.

Prior to issuance of such permit, the Zoning Officer shall thoroughly investigate each site upon which such mobile home is proposed to be located, and must be reasonably satisfied that the facts warrant the permitting of a mobile home for security purposes.