(Ord. of 3-12-2007)

(a)

An ordinance of the city, regulating the construction and use of buildings, structures, and land; establishing boundaries therefor; providing for the method of administration and amendment; and prescribing penalties for the violation of its provisions.

(b)

This article shall be known as and may be cited as "The Zoning Ordinance of Hamilton, Georgia."

(Ord. of 3-12-2007, art. I, § 1)

The city council, under the authority of the state constitution, article 9, section 2, paragraph 4 and chapter 66, title 36 of the Official Code of Georgia Annotated, for the purpose of promoting the health, safety, order, prosperity and general welfare of the city, hereby ordains and enacts in law the zoning ordinance of the city.

(Ord. of 3-12-2007, art. I, § 2)

The regulations set forth in this article are enacted for the following reasons:

(1)

To implement the comprehensive plan for land uses in order to encourage the most appropriate use of land.

(2)

To maintain and stabilize the value of property.

(3)

To prevent the overcrowding of land and undue concentrations of populations.

(4)

To create a comprehensive and stable pattern of land uses which will facilitate the planning and provision of roads, water, sewage, schools, parks and other facilities.

(5)

To promote the health, safety, and welfare of present and future inhabitants.

(6)

To establish zoning districts or change existing districts.

(Ord. of 3-12-2007, art. I, § 3)

The provisions of this article shall govern all land, buildings, and structures within the corporate limits of the city.

(Ord. of 3-12-2007, art. I, § 4)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or building means a use or building customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

Agricultural use means the use of a parcel of land of four or more acres for the cultivation of land, raising of poultry and livestock or similar agrarian activities not for gain, and the related buildings and structures necessary to carry out the aforementioned activities.

Alterations, as applied to a building or structure, means a change or rearrangement in the structural parts and/or enlargement, whether by extending on a side or by increasing in height.

Area, building, means the total area taken on a horizontal plane at the average ground elevation of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Automobile wrecking means the dismantling, storage, sale or dumping of used motor vehicles or parts thereof.

Bed and breakfast inn means a house or portion thereof consisting of no more than six rental units where short-term lodging is provided, with or without meals.

Boardinghouse means an establishment other than a hotel, motel, or bed and breakfast inn where temporary lodging and communal meals are provided for compensation to three but not more than 12 persons on a weekly or monthly basis.

Buffer or buffer strip means an area of land, which separates two or more land uses, including like uses if required by the planning commission.

(1)

Natural buffer means a visual screen of natural vegetation six feet in height or any combination of existing and replanted vegetation which can reasonably be expected to be at least six feet in height within two growing seasons with such density so as to present an opaque visual separation when viewed from one side to the other throughout the year.

(2)

Structural buffer means a visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, so as to present an opaque visual separation when viewed from one side to the other throughout the year.

Building means any structure intended to shelter, house, or enclose people, animals, or possessions.

Building height means the vertical distance measured from the average ground elevation to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

Building line means the line of the face of a building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

Business means any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and/or services.

Clinic. See Medical facility.

Club means a building and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but is not for profit and does not render a service that is carried on as a business.

Collector street. See Street.

Conditional use means a use which is not automatically permitted but which may be permitted within a zoning district subject to meeting specific conditions contained in the regulation or subject to approval by the planning commission.

Day care home, family, means a home occupation that provides for five or fewer persons who are not residents of the premises, where care and supervision is provided by a state-registered resident adult for less than 24 hours per day on a regular basis for compensation.

District means any section or sections of the city for which the regulations governing the use, density, bulk, height, and coverage of buildings and other structures are uniform.

Drive-in commercial uses, means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.

Dwelling means a building designed or used for permanent living quarters for one or more families or individuals.

Dwelling, multifamily, means a building designed or used as a residence for three or more families living independently of each other in separate and complete dwelling units.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families living independently of each other. Also known as a duplex.

Dwelling unit means a room or group of rooms providing or intended to provide living quarters for not more than one family.

Family means one or more persons, not necessarily related, living together as a single housekeeping unit with kitchen and bath facilities on the premises.

Filling station. See Gasoline service station.

Floor area means the sum of the gross floor area for each of the several stories under a roof, measured from the exterior limits or faces of a building or structure.

Garage apartment means a dwelling unit for one family erected above a private garage.

Garage, private, means an accessory building or a part of a main building used for storage purposes only.

Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of motor vehicles.

Gasoline service station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil, automobile accessories, and incidental services such as facilities for lubricating, or otherwise servicing automobiles, but not the retail sale of butane or propane fuels.

Group home means one main building, or portion thereof on one zoning lot that is licensed by the commissioner of health as a roominghouse or boardinghouse, and receives 50 percent or more of its residents under a contract or other arrangement with the state or local government human services agency. A group home provides lodging for people who are mentally ill or chemically dependent.

Home occupation means an occupation or profession carried on by an occupant of a dwelling unit as a use, which is clearly incidental to residential use, and is carried on wholly within the principal building or within a building accessory thereto, and does not change the basic character of the residence.

Hospital. See Medical facilities.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly, and no provision made for cooking in any individual room or apartment.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that some or all parts of the processes cannot be inspected at the installation site without disassembly, damage to, or destruction of the structure, and bearing the approved insignia of the commissioner of community affairs, state department of community affairs.

Junk means manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, including wastepaper, rags, scrap metal, discarded building materials, used machinery and appliances, used furniture, and vehicles not in running condition.

Junkyard means a lot, land or structure, or part thereof, used in the collection, storage and/or sale of junk, or for the sale of parts thereof.

Kennel means any building, lot or premises on or in which four or more dogs, cats or similar pets are kept. The term "kennel" includes any building, lot or premises where dogs, cats, or similar pets are housed or accepted for boarding, for which remuneration is received.

Landfield, inert, means a disposal site accepting only wastes that will not or are not likely to cause productions of leachate of environmental concern. Such wastes are limited to dirt and dirt-like products, concrete, rock, bricks, yard trimmings, stumps, limbs and leaves. The term "landfield, inert" excludes industrial and construction demolition wastes as defined by state codes applicable at the date of the adoption of ordinance from which this chapter is derived or as amended from time to time by law.

Loading space means a space within the main building or on the same lot therewith, providing for the standing of merchandise, equipment, etc., or loading, or unloading of a truck.

Lot means a parcel of land occupied or capable or being occupied by one or more buildings, including accessory buildings or uses incidental to them, and including such open spaces as are required by this chapter. The term "lot" includes a plot, parcel or tract.

Lot area means the total horizontal area included within lot lines.

Lot, corner, means a parcel of land at the junction of and fronting on two or more intersecting streets.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines measured in the general direction of the sidelines of the lot.

Lot lines means the lines bounding a lot as defined herein:

(1)

Lot lines, front, means, in the case of an interior lot, the lines separating said lot from the street. In the case of a corner or double-frontage lot, the line separating said lot from the street in the request for a building permit.

(2)

Lot lines, rear, means the boundaries opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to a line farthest from the front lot line, not less than ten feet long and wholly within the lot.

(3)

Lot lines, side, means any lot boundary line that is not a front lot line or a rear lot line.

(4)

Lot width means the width of a lot at the building setback line measured at right angles to its depth.

Lot of record means a lot which is duly recorded in the office of the clerk of the superior court of Harris County.

Manufactured (mobile) home means a structure, transportable in one or more sections, 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 contained herein (reference 24 U.S.C. 5402(8) and O.C.G.A. § 8-2-131(3)). It must also have a Department of Housing and Urban Development (HUD) sticker.

Map or zoning map means the official zoning map of the City of Hamilton.

Medical facilities.

(1)

Dental or medical clinic means a facility for the examination and treatment of ill or afflicted human outpatients provided, however, patients are not kept overnight, except under emergency conditions.

(2)

Health clinic means a facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.

(3)

Hospital means an institution providing health services primarily for human out-patient or in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

(4)

Nursing home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Modular home means a dwelling unit constructed on-site in accordance with state and municipal codes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motel means a building or group of buildings containing guest rooms and having separate outside entrances for each guest room. Motels are to be used primarily for automobile transients and include such terms as "auto court" and "motor lodge," but not "boardinghouse" as defined in this section.

Nonconforming use means any building or use which lawfully exists at the time of adoption of this chapter and which does not conform to the regulations of the district in which it is located.

Park means camping sites, camping grounds, primitive camping, walking trails and green spaces.

Parking lot means an off-street, ground-level open area used for the temporary storage of two or more operable motor vehicles and available to the public, whether for compensation, free, or as an accommodation to clients, customer, or employees.

Parking space means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways, belonging to and giving access to the property.

Parking structure means a structure of two or more stories, shelter above ground, below ground, or a combination thereof, used for the temporary storage of two or more operable motor vehicles and available to the public, whether for compensation, free, or as an accommodation to clients, customers, or employees.

Planned unit development (PUD) means a development of at least 50 acres or more encompassing planned mixed-use of property and buildings as permitted in A, R-1, R-2, and C districts, the nature of which is to encourage the integration of diverse land uses and promote sustainable economic growth.

Planning commission means the city planning commission.

Public uses means public parks, schools, and administrative, cultural, and service buildings not including public land or buildings devoted only to storage and maintenance of equipment and material.

Schools, public, means a tax-supported institution of learning, including colleges and universities.

Self-service laundry means a laundry providing home-type washing, drying, and/or ironing machines for hire to be used primarily by the customers on the premises.

Setback means the minimum horizontal distance between the right-of-way line, rear or side lines of the lot and the front, rear, or side building lines. The term, "required setback" means a line beyond which a building is not permitted to extend under the provisions of this article establishing minimum depth and width of yards.

Sexually oriented establishments means an adult arcade, bookstore, novelty store or video store; and an adult cabaret, motel, motion picture theater, theater, escort service, massage parlor, nude model studio, or sexual encounter center. Each such classification of establishments so listed above is defined in the chapter to regulate sexually oriented establishments in the city.

Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property and related in its location, size and type of shops to the trade area which the unit serves.

Sign means any device (including, but not limited to, letters, words, numerals, figures, emblems, pictures, or any combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term "sign" shall not include any flag, badge, or insignia of any governmental unit, nor shall it include any item of merchandise normally displayed within a show window of a business. The following are types of signs and definitions:

(1)

Banner sign means a sign with or without characters, letters, illustrations or ornamentations applied to cloth, paper, flexible plastic or fabric of any kind with only non-ridged material for backing.

(2)

Double-faced sign means a sign with two display areas against each other where one face is designed to be seen from one direction and the other side from the opposite direction.

(3)

Face means the parts of the sign that are or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose. The frame or structural members may be considered as part of the sign face if it is so designed with lighting or other ornamentation that is incorporated for the sign design.

(4)

Freestanding sign means a self-supporting sign in a fixed location and not attached to any building, structure, or movable device, e.g., a wagon, etc.

(5)

Portable sign means a sign not permanently affixed to a building, other unmovable structure, or the ground.

(6)

Temporary sign means a sign intended to be displayed for a limited period of time.

Spot zoning means a decision deemed to be an action to comply with the use request of a specific property rather than maintain uniformity within the established use plan.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it.

Street means a public or private thoroughfare, which affords the principal means of access to abutting property.

Street line means the legal line between street right-of-way and abutting property.

Street types.

(1)

Arterial streets means streets which serve primarily as major traffic ways for travel through and within the city, and are designated as such on the street map of the Comprehensive Plan of Hamilton, Georgia.

(2)

Collector streets means streets that carry traffic from the local streets to the arterial streets.

(3)

Local streets means streets used primarily for access to the abutting properties. Also, any streets not designated as arterial or collector streets.

(4)

Alleys means minor ways used for the service access to the back or side of properties otherwise abutting on a street.

(5)

Cul-de-sacs means local streets having one end open to traffic and the other end permanently terminated with a paved turnaround. If these streets serve as the main thoroughfares and the ends open to traffic are the entrance to the subdivisions, then those streets are collector streets.

(6)

Dead ends means stub streets in a subdivision, which will, at a later time, be continued into another portion of the subdivision.

Structure means a combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio and television towers, sheds, storage bins, fences, and display signs.

Temporary building means a mobile home, metal building or wood building which may be used on-site before and during construction, or after a natural disaster or fire.

Travel trailer/motor home means a vehicular portable structure built on a chassis, designed to be used, as a temporary dwelling for travel and recreation purposes, having a body width in accordance with DOT regulations.

Use means any purpose for which a lot, building, or other structure or a tract of land may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

Used or occupied, as applied to any land or building, shall be construed to include the term "intended, arranged, or designed to be used or occupied."

Utility, private, means an establishment whose primary business is to provide essential services directly to a specified group of the general public who are not provided such services by a public utility (i.e., private community water or sewage systems that serve a homeowners' association or other limited group of individuals).

Utility, public, means an establishment whose primary business is to provide essential services directly to the general public, such as electricity, water, gas, sewage, telephone, etc. The state public service commission regulates rates charged by such utilities.

Utility, wholesale, means an establishment whose primary business is to provide services and/or products to public utilities. The state public service commission does not regulate rates charged by such utilities.

Variance means a modification of a zoning district regulation development requirement approved by the planning commission, otherwise required under section 44-145 which is approved by the planning commission.

Yard means open space on the same lot with a principal building, unoccupied except as permitted by this chapter.

Yard, front, means open and unoccupied spaces on the same lot with a principal building, extending the full width of the lot and located between the street right-of-way line and the front building line projected to the sidelines of the lot.

Yard, rear, means open space on the same lot with a principal building, unoccupied except by a permitted accessory building or use, extending the full width of the lot and located between the rear line of the principal building projected to the side lines of the lot and the rear lot line.

Yard, side, means open unoccupied space on the lot with a principal building located between the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning condition means any stipulation made by the planning commission or city council as a part of a zoning decision affecting property which imposes a requirement on the use or development of property which is different from the use or development regulations set forth in the zoning district to which the property is being rezoned. By way of example, but not as a limitation, such zoning conditions may relate to the use, density, construction, materials, architectural style and design, location of structures, and buffer areas.

Zoning decision means final action by the planning commission or city council which results in:

(1)

The adoption of a zoning ordinance;

(2)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;

(3)

The adoption of an amendment to the zoning ordinance which rezones property from one zoning district to another;

(4)

The granting of a conditional use permit.

(Ord. of 3-12-2007, art. II, § 2)

No building, structure or land shall hereafter be used or occupied except in conformity with the provisions of this article and the uses herein specified for the district in which it is located.

(Ord. of 3-12-2007, art. III, § 1)

Height limits shall not apply to structures not intended for human occupancy such as church spires, flagpoles, monuments, water towers or similar structures. Height limits, specified herein, shall apply to signs. Height limits to structures intended for occupancy shall be 35 feet to the tallest section of the roof.

(Ord. of 3-12-2007, art. III, § 2)

No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of the ordinance from which this article is derived, shall be reduced in size so that lot width or size or yards or lot area per family of any other requirement of this article is not maintained, except as otherwise specified in article V of this chapter.

(Ord. of 3-12-2007, art. III, § 3)

No building shall be erected on a lot which does not abut for at least 25 feet on a public street.

(Ord. of 3-12-2007, art. III, § 4)

Only one principal building and its customary accessory buildings shall hereafter be erected on any one lot.

(Ord. of 3-12-2007, art. III, § 5)

A buffer is a strip of land either planted or left undisturbed when developing property to ensure proper separation and screening between land uses. Buffers shall meet the following minimum requirements:

(1)

The buffer shall be established and maintained by the owner of the property on which the buffer exists. In a R1 district, buffers may be included in lots owned by a private owner or common green space owned by a homeowners' association.

(2)

The buffer area shall be shown on all site plans for the property.

(3)

Existing vegetation shall be utilized where possible and shall be supplemented with additional plantings where necessary to provide adequate screening.

(4)

The buffer strip shall be in place prior to issuance of a certificate of occupancy.

(5)

If any tree or shrub used in a buffer dies, it must be replaced in a prompt manner.

(6)

Buffer strips may be included in the overall lot size, but they shall not diminish the minimum yard requirements to any required yards, parking or loading areas.

(7)

The buffer shall be planted to form an opaque barrier of at least six feet in height within three years of planting. The planning commission may require buffering to address specific situations. Different buffering techniques, such as fencing, berms, enhanced width of planted area and types of plant materials may be required.

(Ord. of 3-12-2007, art. III, § 6)

No sign, or other obstacle to vision between the height of two and ten feet shall be placed within 20 feet of any arterial or collector street intersections measured parallel from the pavement or outside edge of the curb to the nearest corner.

(Ord. of 3-12-2007, art. III, § 7)

(a)

Front yard. In residential and commercial districts, there shall be a front yard setback of not less than 50 feet. Exceptions to this requirement are as follows:

(1)

Where a uniform setback exists along a block face, which is less or greater than 50 feet, any building or structure hereafter erected, structurally altered or enlarged shall conform to the established setback.

(2)

Where a uniform setback does not exist along a block face, then the required setback shall be the average of the setback of the two adjacent main buildings. A front yard is not required in the CD commercial downtown district.

(b)

Yards, general. Every part of a required yard shall be open unobstructed by a building except for permitted accessory buildings and the ordinary projection of sills, ornamental features and eaves, provided that none of the above projections shall project into a yard more than 2½ feet.

(Ord. of 3-12-2007, art. III, § 8)

Certain architectural features shall be permitted to project into required yard areas as follows:

(1)

Cornices, canopies, eaves or similar features may project a distance not exceeding two feet.

(2)

Fire escapes may project a distance not to exceed four feet.

(3)

An uncovered stair or landing may project a distance not to exceed three feet.

(4)

Bay windows, balconies and chimneys may project a distance not to exceed two feet, provided such features do not occupy more than one-third of the wall on which they are affixed.

(5)

Patios may be located in side and rear yards, provided they are not closer than five feet to any adjacent property line.

(6)

Fences, walls, and hedges may be located in required yards subject to the following limitations:

a.

They do not exceed eight feet in height.

b.

They do not extend alongside lot lines into front yards.

c.

They do not exceed four feet in height in front yards.

d.

They do not impair corner visibility as set forth in this article.

(Ord. of 3-12-2007, art. III, § 9)

(a)

Alteration or enlargement of structure or use. A nonconforming structure or use shall not be added to or enlarged in any manner unless said additions and enlargements are made to conform to all the provisions of this article. An appeal, found under article V of this chapter, may be submitted to the planning commission.

(b)

Cessation of use of land or structure. A nonconforming use of land or structure that has been discontinued for a period of 12 months may not be resumed except in conformity with the regulations of the district in which it is located.

(c)

Damage to nonconforming use. Any nonconforming structure or land use, which is damaged or destroyed, may be restored to a size or intensity of use no greater than that existing prior to the damage. Application for restoration or replacement may be made to the building inspector within one year of date of damage. Construction must commence within 45 days of obtaining a building permit, or the application is null and void.

(d)

Repairs to nonconforming uses and structures. Such repairs and maintenance to nonconforming uses as are required to keep them in sound condition may be made to a nonconforming structure provided no structural alterations shall be made except in conformity with this article or as required by other laws or ordinances.

(Ord. of 3-12-2007, art. III, § 10)

(a)

Parking spaces shall be at least ten feet in width and 20 feet in length.

(b)

All parking spaces shall be paved with concrete, asphalt, tiles, stones, or like material so as to make a firm, level, dust-free surface.

(c)

All parking spaces, except single-family residential use, shall be clearly delineated on the paved surface.

(d)

For the purpose of the use chart, the term "floor area" is defined as the gross floor area used or intended to be used by the public for the purchase of goods and services and shall include areas occupied by fixtures and equipment for display or sale of goods and services to the public.

(e)

Joint off-street parking facilities for two or more uses can be established so long as the required number of off-street parking spaces is not to be less than the sum of the requirements for the individual uses computed separately.

(f)

Off-street parking areas shall not be considered as loading or unloading areas.

(g)

Except for lots devoted to single- and two-dwelling units per structure, all areas established for off-street parking shall be designed and be of such size that no vehicle is required to back into a public street to obtain egress.

(h)

All areas devoted to off-street parking shall have clearly defined access drives of ingress and egress not to exceed 25 feet, to include curbs, or as required by department of transportation regulations.

(i)

All areas devoted to ingress or egress shall be denoted by curbing in a multifamily, commercial, or manufacturing zone.

(Ord. of 3-12-2007, art. III, § 11)

In all zoning districts, where permitted uses require the receipt or distribution of materials of merchandise by truck or similar vehicle, off-street loading and unloading space shall be provided. Such requirements will apply to new structures or that portion of existing structures, which are altered or expanded after the effective date of the ordinance from which this article is derived. Requirements for off-street loading and unloading are as follows:

(1)

At least one off-street loading space not less than 12 feet in width and 25 feet in length exclusive of driveway and maneuvering space with vehicular access to a public street shall hereafter be provided, except for existing buildings in the CD district, for each commercial or manufacturing business in addition to the required number of off-street parking spaces.

(2)

One space shall be required for the first 20,000 square feet of floor area plus one additional space for each 20,000 square feet of floor area up to 100,000 square feet, and one space for each additional 40,000 square feet thereafter.

(3)

No street or alley shall be considered as part of the off-street loading or unloading area.

(4)

All areas for loading and unloading shall be so designed and located to permit traffic to exit facing a street or alley.

(5)

Off-street loading and unloading spaces may occupy all or any part of any required yard areas.

(Ord. of 3-12-2007, art. III, § 12)

For the purpose of this article, all streets in the city are hereby divided into three classes: arterial, collector, and local. The classification of each street in the city is as shown on the map entitled "The Zoning Map of the City of Hamilton, Georgia."

(Ord. of 3-12-2007, art. III, § 13)

The following regulations shall govern ingress and egress to all lots in all zoning districts:

(1)

A point of access, i.e., driveway, curb cut, entrance or exit point, shall not exceed 25 feet in width on lots for residential uses and 35 feet in width on lots for uses other than residential, provided the point of access does not exceed 50 percent of the frontage on the street.

(2)

The number of access points for each lot, other than single-family residential, shall be governed by the width of lot frontage as follows:

(3)

No two access points on the same lot frontage shall be closer than 25 feet from the nearest curb radius tangent point.

(4)

No access point shall be located closer to any street intersection than 20 feet measured from its nearest street edge to the curb radius tangent point of the driveway or property line radius point.

(5)

Access points shall be located no closer to any side lot line than 20 feet. This applies to any subdivision entrances, multifamily entrances, and commercial and manufacturing properties.

(6)

When residential property is developed in an established neighborhood, whether it is for a subdivision or a single property, access points shall not be located any closer than ten feet at its widest point to any existing side lot line.

(7)

Where access to a state or federal highway is controlled by regulations other than those stated herein, those rules and regulations shall prevail, whichever are more restrictive.

(8)

Prior to any curb cut or driveway cut, a permit must be obtained from the city public works superintendent or the state department of transportation, whichever applies. If a driveway pipe is required, the applicant must bear the cost of the pipe and its installment.

(Ord. of 3-12-2007, art. III, § 14)

(a)

An accessory building may be erected either attached or unattached to the principal building on the same lot. An attached accessory building shall be considered a part of the principal building and shall comply with the requirements of the district in which it is located. An unattached accessory building shall:

(1)

Be located in the rear yard of the principal building.

(2)

Not occupy more than 30 percent of the rear yard.

(3)

Not be located closer than 15 feet to the principal building on an adjoining lot.

(4)

Not be located closer than ten feet to any rear or interior side lot line, and shall not project into any required front or street side yard.

(5)

On corner lots, not be located closer to the road right-of-way than the minimum setback requirements.

(b)

Unattached accessory buildings 800 square feet or less which are used for the private noncommercial and non-dwelling use of the resident may be built in the rear yard in the A-F, R-1, and R-2 districts, and any corresponding areas of a PUD district. However, the covenants of a subdivision may enhance these regulations with more restrictive ones.

(Ord. of 3-12-2007, art. III, § 15)

The storage of certain vehicles and equipment is prohibited in residential districts for a time period in excess of 72 hours unless such vehicles and equipment are stored in a carport, enclosed building, or behind a portion of a building which screens it from the street. The vehicles included are, but are not limited to:

(1)

Automobiles without current license plates.

(2)

Camping or travel trailers.

(3)

Recreational vehicles.

(4)

Boats and boat motors.

(Ord. of 3-12-2007, art. III, § 16)

All junkyards as defined in section 44-6 which are nonconforming uses and not operating as a business shall be discontinued within three years from the date of adoption of the ordinance from which this article is derived.

(Ord. of 3-12-2007, art. III, § 17)

Water and sanitary facilities, where available, shall be connected to each new dwelling, building, and structure as required by the city.

(Ord. of 3-12-2007, art. III, § 18)

Walls and fences may be located within required yards, except that in a residential district:

(1)

No fence or wall in a front yard shall exceed a height of four feet.

(2)

No fence or wall in a side or rear yard shall exceed a height of eight feet.

(Ord. of 3-12-2007, art. III, § 19)

(a)

No operation shall be located nearer than 300 feet from any established residential district.

(b)

All outdoor storage of salvage and wrecking operations shall be conducted within an enclosed opaque fence or wall not less than six feet in height nor more than ten feet in height. All the above-mentioned businesses shall ensure that stored vehicles are screened from public view or from any public road. Additional screening shall be required to screen the view of additional stored items. Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.

(c)

Vehicles awaiting repair shall not be stored outside of the business establishment or fenced area for periods greater than five business days.

(Ord. of 3-12-2007, art. III, § 20)

Home occupations, in those districts where permitted, shall be subject to the following conditions:

(1)

A home occupation shall be limited to the gainful occupation of a profession conducted by a member of the family residing entirely within the dwelling unit.

(2)

No internal or external alterations shall be made which are not customary to dwellings.

(3)

In any dwelling unit, all home occupations collectively shall not occupy more than 25 percent of the gross floor area of the dwelling unit, but not to exceed 500 square feet.

(4)

The entrance to the space devoted to a customary home occupation may be from within the building or a private outside entrance.

(5)

No display shall be permitted of goods or services which are visible from the outside of the structure.

(6)

Customary home occupations will be limited to goods and services provided to individuals not exceeding, at any given time, two in number.

(7)

Home occupations for telephone services only is permitted but shall be restricted to that use only.

(8)

There shall not be any product stored in plain view or in the yard of the residence nor any parking of commercial vehicles at said property for more than 24 hours.

(Ord. of 3-12-2007, art. III, § 21)

The following regulations shall apply to swimming pools:

(1)

Private swimming pools may be established in agricultural and residential zoning districts, provided they are to be used solely by the occupants and guests of the property on which the pool is located. No part of the swimming pool may extend into any required front yard in an agricultural zone or into any required front or side yard in a residential zone. They shall be enclosed by a fence or wall not less than four feet in height.

(2)

Public swimming pools may be established in any zoning district. They shall be enclosed by a fence or wall adjacent to the pool decking of not less than six feet in height to prevent uncontrolled access.

(Ord. of 3-12-2007, art. III, § 22)

The following regulations shall apply to all gasoline service stations:

(1)

There shall be a building setback to all street right-of-way lines of a distance of not less than 50 feet. Other yard setbacks shall conform to the zone in which the station is located.

(2)

Gasoline pump islands shall not be located closer than 15 feet to any street right-of-way line; however, when the pump islands are constructed to the pavement edge, the pump shall be located not less than 30 feet from the right-of-way lines.

(Ord. of 3-12-2007, art. III, § 23)

Temporary buildings used in conjunction with construction work may be permitted 30 days prior to the construction work. Such temporary buildings shall be removed no later than 15 days upon completion of the construction work. Manufactured housing units may be permitted in any zone, if a natural disaster or a fire to the permanent dwelling unit has occurred and temporary lodging or storage of possessions is required. This use is permitted for only 30 days and then shall require the additional approval for time extensions in 30-day increments from the planning commission.

(Ord. of 3-12-2007, art. III, § 24)

Any lot or parcel of land in any district which was on record in the office of the clerk of superior court of Harris County at the date of adoption of the ordinance from which this article is derived, or amendment thereof, which does not adjoin undeveloped land under the same ownership or land which has been subdivided but no building permit issued, may be used as a building site even though such lot or parcel fails to meet the minimum requirements for lot area, lot width or both, provided that all applicable yard and buffer requirements are met.

(Ord. of 3-12-2007, art. III, § 25)

(a)

The purposes of these sign regulations are to:

(1)

Provide a reasonable and comprehensive system of sign controls to ensure the development of a high-quality environment.

(2)

Enhance the aesthetic environment.

(3)

Encourage a desirable city character with a minimum of clutter while recognizing the need for signs as a form of communication.

(4)

Improve pedestrian and traffic safety.

(5)

Minimize the adverse effect of signs on nearby public and private property.

(6)

Enable the fair and consistent enforcement of these sign regulations.

(b)

The following are the sign regulations:

(1)

No freestanding sign shall exceed 32 square feet per sign face, except:

a.

Home businesses are allowed one illuminated sign, two square feet per sign, to be placed flat on a door, wall or window.

b.

Single businesses are allowed one freestanding sign, 32 square feet per sign face (double-sided signs are allowed). Sign height allowed shall be six feet from grade to the highest section of the sign.

c.

Multiple businesses in the same building/mall/public building are allowed one freestanding sign, 64 square feet per sign face (double-sided signs are allowed). Sign height shall be 15 feet from grade to the highest section of the sign. Signage on each individual business is allowed.

(2)

All signs shall be UL-approved and erected in accordance with applicable building codes adopted by the city, and shall require a building permit.

a.

It shall be unlawful for any person, agency or firm to erect, structurally modify (other than normal maintenance), replace or relocate within the city, any sign without obtaining a sign permit. The permit shall be obtained from the county building inspector's office and payment of the permit fees shall be made as required by this section.

b.

Prior to the receipt of a sign permit, the person desiring to erect the sign shall file an application with the county building inspector's office. The following information shall be submitted:

1.

The name, address, and telephone number of the owner or person entitled to possession of the sign and that of the sign contractor or erector.

2.

The location by street address of the proposed sign.

3.

Two copies of a blueprint or drawing including a site plan showing the location of the proposed installation, with particular dimensional reference of streets, walks, and existing structures.

4.

A lease or written statement of permission from the property owner on whose land the sign is proposed, permitting the sign to be erected.

5.

Where the sign construction requires an electrical connection, the electrical contractor shall obtain an electrical permit.

6.

A permit fee.

c.

It shall be the duty of the building official, upon the receipt of the permit fees and the completed application of a sign permit, to examine such plans and specifications. If the proposed structure is in compliance with the requirements of this section, within ten working days from the date of filing, a written permit shall be issued to the applicant. Issuance shall in no way prevent the building official from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant.

d.

Permit fees. An amount to be determined by the city council from time to time. There will be no charge if the applicant has a current building permit.

(3)

Signs painted on or attached to utility poles, trees, or other natural features shall be prohibited.

(4)

Portable signs are prohibited in all districts except as allowed in this subsection. Temporary (portable) signs may be displayed for up to 16 days, no more than two times per year. There shall be a minimum of 30 days between display dates. Portable signs must meet the following requirements:

a.

No flashing lights are allowed.

b.

Sign lettering and/or background material shall not be fluorescent or neon coloring.

c.

Signs shall be prohibited in the public rights-of-way.

d.

No portable sign shall be larger than 32 square feet and no taller than six feet from grade.

(5)

Community decorations, either owned by the city or authorized for display by the city council, may be displayed at any time, as long as they are displayed no longer than 16 days with a minimum of 14 days between displays. Community decorations may be continuously displayed from November through mid-January.

(6)

Temporary signs are allowed on private property, provided that no more than two signs are posted. Examples of temporary signs include, but are not limited to, realty "For Sale" signs and signs related to political candidates. Temporary signs on private property must meet the following requirements:

a.

Signs shall not be larger than 18 inches by 24 inches.

b.

Signs are not allowed on public rights-of-way.

(7)

Any sign legally in existence prior to adoption of the ordinance from which this article is derived which does not satisfy the requirements of this article is declared nonconforming and subject to the following requirements:

a.

Any sign legally in existence prior to the adoption of the ordinance from which this article is derived, which does not conform to the requirements set forth in this article may be continued as a nonconforming sign so long as the size and height are not increased beyond the existing dimensions as of the effective date of the ordinance from which this article is derived.

b.

A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panel, painted boards, plastic banners or other de-mountable material shall be permitted, as long as the substructure supporting the back of the sign and the posts it is mounted to are sound and meet wind shear tolerances as stated in the International Building Codes, available from the county building inspector's office.

c.

Maintenance and repair of nonconforming signs, including changing of copy, electrical repairs or lettering and necessary nonstructural repairs which do not further extend or intensify the nonconforming features of the sign shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this article.

d.

If a legal nonconforming sign is damaged or destroyed by any means to an extent of 50 percent or more of its current replacement value, exclusive of the cost of the support structure, the sign may not be rebuilt or used thereafter unless it conforms to all of the provisions of this article. If the damage or destruction of the nonconforming sign is less than 50 percent of the replacement value, the sign may be rebuilt to its original condition in terms of size and height and may continue to be displayed.

e.

A nonconforming sign shall be removed or altered to conform to the requirements of the ordinance from which this article is derived when the nature of the business that is advertised on the sign changes or the sign is changed or modified either in shape, size or legend.

(8)

Sign devices not permitted under this article:

a.

Flashing signs.

b.

Signs using the words "STOP" or "DANGER" or an imitation of an official sign are not allowed (does not apply when the aforementioned words are part of attraction titles, or descriptive lines of advertising).

c.

Signs which utilize a background of colored lights blending with traffic signals that might confuse a motorist when viewed from a normal approach distance of 25 to 300 feet.

d.

Spinning signs or similar type devices.

e.

Signs not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure.

f.

Roof signs after enactment of this article (No permits shall be issued).

g.

Animated signs.

h.

Billboards.

i.

Marquee signs other than those for theaters.

j.

Rotating signs.

k.

LED electronic message signs.

(9)

Signs exempt from permits:

a.

Official traffic or warning signs.

b.

Changing of copy of a bulletin board, poster, board, display casement or marquee. The moving or relocating of embellishments that does not increase the area of embellishments.

c.

Decorative flags or buntings for citywide celebrations when authorized by the city council for a prescribed period of time.

d.

Symbolic flags and award flags for an institution of business (one for each business or for each 50 feet of street frontage).

e.

Temporary, non-illuminated construction signs which do not exceed two feet in height and three feet in width.

f.

Temporary political signs.

(10)

Signs for new businesses shall not be portable signs. Businesses shall have permanent signs within 60 days of obtaining a business permit.

(11)

Appearance of signs.

a.

Concealed structure. All flat and ground signs shall have concealed structural members except for vertical supports or other supporting members, shall present good structural appearance, and shall, when attached to a building, appear to be an integral part of the building.

b.

Maintenance. All signs shall be maintained in good condition so as to present a neat and orderly appearance. The building official may cause to be removed after due notice any sign which shows gross neglect, becomes dilapidated, or which has ground area around it which is not well maintained.

c.

Vision clearance. No sign or sign structure shall be placed or located so as to conflict with vehicular traffic.

d.

Vacant buildings. Any owner-identification signs advertising a service or commodity associated with a vacant premises shall be removed or resurfaced by the owner or lessee not later than 30 days from the time the activity ceases. Commercial/renting/leasing signs shall comply with the requirements of temporary signs. After 30 days, if the sign has not been removed, a penalty will be affixed and the city shall remove the sign at the expense of the owner, and the same shall constitute a lien on the property.

e.

Non-storefront and non-street-facing business. Signs shall be limited to one permanent sign no larger than two feet by two feet mounted at a primary entrance. There shall be no roof signs or projecting signs.

f.

Temporary signs. The total window surface area covered by temporary signs on commercial buildings shall not exceed one-sixth of the window surface area, and there shall be no more than three temporary signs per 160 square feet of window surface area.

g.

Street-facing businesses. There may be one major business identification sign not more than one-tenth of the total window surface, or a fixed sign mounted on the building whose area shall not exceed a ratio of ten square feet for each foot of linear street frontage either mounted flat against the building or projecting not more than five feet from the building surface. Such major business identification sign shall not necessarily face the street, but may be on a building side visible from the street. There may be one secondary business identification sign on each facing street. The window business identification sign may consist either of a sign painted on the window or hung inside the window in such a manner as to be visible from the street. In either case, the sign shall not exceed one-tenth of the total window surface.

h.

Construction signs permitted in zones. Multiple family district: One permitted for each street frontage, limited to 50 percent of the area permitted for permanent signs, same type.

Special note: any construction signs larger than 24 square feet require engineered plans. See permits and state building code.

i.

Multifamily dwellings, townhouses, apartments, roominghouses and boardinghouses. One sign for each street frontage no more than 32 square feet, plus one temporary sign no larger than six square feet per street frontage shall be permitted. The signs must be 15 feet from the right-of-way line.

(12)

Variances to the sign ordinance. In some cases, where physical conditions peculiar to a business premises can create problems with sign setback, area, or height requirements, a variance may be granted by the city planning commission to:

a.

Permit a setback for a sign that is up to 25 percent less than the required setback.

b.

Permit the area or height of a sign to be increased by up to 25 percent more than the maximum height or area allowed.

(13)

Approval standards. The city planning commission may grant a variance authorized by this section if it finds the variance requested is required by special or unique hardship because of:

a.

Exceptional narrowness, shallowness or shape of the premises on which a sign is located.

b.

Exceptional topographic conditions or physical features uniquely affecting the premises on which the sign is located.

(c)

A variance can only be authorized if there are physical conditions unique to the property or if the applicant can show special hardship, and there is no other reasonable alternative for displaying of the sign. The planning commission shall not grant a variance solely because the owner feels it will make the business or services advertised more profitable or noticeable.

(Ord. of 3-12-2007, art. III, § 26)