Hector City Zoning Code
GENERAL PROVISIONS
§ 151.055 COMPLIANCE.
Except as hereinafter provided, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered for the district in which it is located without complying with the provisions of this chapter.
(Prior Code, § 151.050) (Ord. 149, passed 3-9-1998)
§ 151.056 BUILDING REQUIREMENTS.
(A) No building or other structure shall hereafter be erected or altered to exceed in height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, side yards, or other open spaces, than herein required, or in any other manner be contrary to the provisions of this chapter.
(B) Premises identification: approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. All buildings require a minimum height of four-inch numbers.
(Prior Code, § 151.051) (Ord. 149, passed 3-9-1998)
§ 151.057 AREA REQUIREMENTS.
(A) No part of a yard, or other open space, or of street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as modified hereinafter.
(B) No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Prior Code, § 151.052) (Ord. 149, passed 3-9-1998)
§ 151.058 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare. Wherever the requirements of this chapter are in variance with the requirements of this chapter or are in variance with the requirements of any lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.
(Prior Code, § 151.053) (Ord. 149, passed 3-9-1998)
§ 151.059 DWELLING ON ANY LOT OR RECORD.
In any district where single-family dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this chapter irrespective of its area or width, provided the applicable yard and other open space requirements are satisfied or modified by the City Council as set forth in § 151.039.
(Prior Code, § 151.054) (Ord. 149, passed 3-9-1998)
§ 151.060 HEIGHT LIMITATIONS NOT APPLICABLE.
The height limitations stipulated in this chapter shall not apply to the following.
(A) Essential service structures, architectural features, and the like. Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, chimneys, smoke stacks, flag poles, radio and television towers, masts and aerials and parapet walls extending not more than four feet above the limiting height of the building.
(B) Places of public assembly. Places of public assembly in churches, schools, and other permitted public and semi-public buildings, provided that they are located on the first floor of such buildings; provided, that for each two feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district and further provided that the Planning Commission shall find that such additional height will not be materially detrimental to surrounding property.
(C) Elevator penthouse and the like. Elevator penthouses (elevator machinery loft), monitors, and scenery lofts, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage. Fire towers, hose towers, cooling towers, grain elevators, industrial process towers, gas holders, or other structures, where a manufacturing process requires a greater height shall be excepted.
(Prior Code, § 151.055) (Ord. 149, passed 3-9-1998)
§ 151.061 YARD AND FRONTAGE LIMITATIONS NOT APPLICABLE.
In any district where front yards are required and where 40% or more of the frontage on one side of a street between two intersecting streets or around the circumference of a cul-de-sac is developed with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average yard so established.
(Prior Code, § 151.056) (Ord. 149, passed 3-9-1998)
§ 151.062 YARD SPACE, GENERAL.
(A) Any building, structure, or use hereafter erected altered or established shall comply with the yard space requirements of the district in which it is located, except as specified below. The required yard space for any building, structure, or use shall be contained on the same lot as the building, structure, or use and such required yard space shall fall entirely upon land in a district or districts in which the principal use is permitted.
(B) Any required yard space shall be open from 30 inches above the ground to the sky except as specified elsewhere in this chapter.
(Prior Code, § 151.057) (Ord. 149, passed 3-9-1998)
§ 151.063 PLACEMENT OF SINGLE- AND TWO-FAMILY RESIDENTIAL STRUCTURES ON LARGE LOTS.
In any Residence District where a single- or two-family residential structure is to be developed on large lots which could later be re-subdivided and still meet the dimensional and area requirements for another lot of the district in which it is situated, such structure must be placed in a manner which would permit such re-subdivision. Accessory uses shall be exempted from this requirement.
(Prior Code, § 151.058) (Ord. 149, passed 3-9-1998)
§ 151.064 YARD SPACE ENCROACHMENTS; PROJECTIONS INTO YARDS.
The following projections may be permitted into any front, rear, or exterior side yard adjoining a street lot line:
(A) Cornices, sills, eaves, and other ornamental features to a distance of not more than two feet six inches;
(B) Fire escapes to a distance of not more than four feet six inches;
(C) Decks, in residential districts, to a distance of not more than one-half the distance into yards. No easement encroachments permitted;
(D) Bay windows and chimneys and fireplaces to a distance of not more than three feet, provided that such features do not occupy, in the aggregate, more than one-third the length of the building wall on which they are located; and
(E) Retaining walls and landscaping timbers within easements by conditional use permit.
(Prior Code, § 151.059) (Ord. 149, passed 3-9-1998)
§ 151.065 MORE THAN ONE PRINCIPAL BUILDING ON A LOT.
Not more than one principal building shall be located on a lot in Residence Districts R-1 and R-2 except as provided in §§ 151.075 et seq.
(Prior Code, § 151.060) (Ord. 149, passed 3-9-1998)
§ 151.066 HOUSING PROJECTS UTILIZING THE “ZERO LOT LINE” CONCEPT.
Every development proposal which is designed or later modified so as to place the principal structure abutting a side property line in order to have only one open side yard or less, must file with the Zoning Administrator a signed copy of the recorded covenant with filing information assuring access through the adjacent yard for purposes of repairs and general maintenance and/or common wall construction. In some cases, the side yard could be the rear yard.
(Prior Code, § 151.061) (Ord. 149, passed 3-9-1998)
§ 151.067 ACCESSORY BUILDINGS.
(B) Utility buildings in residential districts shall not exceed 192 square feet (such as 12 feet by 16 feet) and shall be six feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement.
(C) No accessory building or garage per single-family homes shall occupy more than 25% of a rear yard, nor exceed 1,000 square feet of floor area. Garages which exceed the aforesaid maximum may be allowed with a conditional use permit.
(D) No more than one utility building/structure shall be permitted on each lot.
(E) No accessory building or use shall be constructed or developed on a lot prior to the time of the principal building to which it is accessory, except by conditional use permit.
(F) Accessory buildings in all districts shall be located to the rear of the principal building.
(G) No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit.
(H) Utility sheds in residential districts which have floor areas greater than 120 square feet (such as ten feet by 12 feet) shall have a floating concrete slab.
(I) Pole buildings are allowed only by conditional use permit. Pole buildings shall be permitted only if siding and roofing in building materials are similar to the principal structure.
(J) Unattached garages require direct access by public-way or, in cases of interior lots, a side yard drive setback dimension no less than six feet between the property line and the principal structure.
(K) No accessory building shall be used for dwelling purposes.
(L) Swimming pools or game courts designed for private use shall be allowed if compliance with other zoning provisions is met.
(M) An accessory building, including, but not limited to, garages, carports, and breezeways attached to the principal building on a lot shall be made structurally a part thereof and shall comply in all respects with the height, yard, and area requirements of this chapter applicable to the principal building.
(N) Buildings that are constructed with flexible temporary material (i.e., canvass and the like), and are in place for a period over 12 months are required to obtain a conditional use permit.
(O) PLAYHOUSES, defined as a small model of a house, or a structure used as a small model house, that children can play inside of, are considered an accessory building.
(Prior Code, § 151.062) (Ord. 149, passed 3-9-1998; Ord. 226, passed 5-9-2005; Ord. 235, passed - -2007)
§ 151.068 FENCES.
(A) Purpose. The purpose of this section is to establish and to promote the public health, safety, and welfare, encourage an aesthetic environment, and allow for privacy, while maintaining access to light and air by regulating the location, height, type, and maintenance of all fences.
(B) Permit required. No person, firm, or corporation shall construct or cause to be constructed or erected within the city any fence without first securing a zoning permit.
(C) Prohibited fences. The following fences are prohibited:
(1) Barbed wire fences (with the exception of the agriculture district);
(2) Electric fences (with the exception of the agriculture district);
(3) Chicken wire;
(4) Fences with broken glass or other sharp points imbedded;
(5) Spiked fences; and
(6) Any other type of fence that could result in injuries to persons climbing over.
(D) Exceptions for hazardous fencing. Hazardous or dangerous fences, such as those listed in division (C) above, shall only be permitted in the city for the following uses:
(1) Public utility structures (at least eight feet above grade level); and
(2) Communication support structures (at least eight feet above grade level).
(E) Fence requirements in residential districts.
(1) Front yard. Fences located in the front yard shall not exceed four feet in height. Opaque fences shall not exceed three feet in height.
(2) Corner side yard. Fences located in the corner side yard shall not exceed four feet in height. Opaque fences shall not exceed three feet in height. In addition, the maximum height may be increased to six feet beginning at the point of intersection of the corner sidewall and the rear wall of the principal structure to the rear lot line. For the purpose of this section, open decks and porches shall not be considered part of the principal structure.
(3) Interior side yard. Fences located in the interior side yard shall not exceed six feet in height.
(4) Rear yard. Fences located in the rear yard shall not exceed six feet in height.
(F) Fence requirements for nonresidential districts. No fence shall exceed eight feet in height along any side of the yard.
(G) General requirements.
(1) No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict snow plowing of streets.
(2) No fence shall create problems with right-of-way maintenance or snow accumulation.
(3) All fences must be placed no less than two feet inside the property line. It is the owner’s responsibility to verify the location of the property lines.
(4) It is suggested to have a surveyor locate property lines before installing fences. The city does not have surveyors on staff to perform this service.
(5) The side of the fence considered to be the face (the finished side) shall face adjoining property.
(6) Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a public or private nuisance. Any such fence, which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance.
(7) If the fence is in an easement, the city or utility company is not responsible for repair or replacement of any fence that is removed for purpose of work or maintenance of the easement.
(8) No fence shall obstruct free access to any fire hydrant, water meter, electric meter, natural gas meter, or public sidewalk.
(9) Link fences shall be erected in such a manner that the barbed end is at the bottom of the fence.
(10) No fence shall be constructed in such a manner as to impede or alter the natural surface water drainage of the property upon which the fence is constructed or any adjoining property.
(11) Any fence erected around a recreational activity, such as a tennis court or a baseball backstop, may exceed the height requirements set forth in this section.
(12) Permanent swimming pools must be protected by a fence at least four feet high, with a self-closing, self-latching lockable gate, built so that a four-inch sphere cannot pass through.
(13) Snow fences are permitted only between October 15 and April 15.
(H) Non-conforming fences. No existing fence not permitted by this section in the district within which it is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to one permitted in that district. Maintenance of a non-conforming fence will be allowed, however, when this includes necessary repairs and incidental alternations which do not expand or intensify the non-conforming fence.
(I) Variance requests. Should an applicant request a permit for a fence that does not meet the requirements listed in division (G), they may request a variance. As part of the variance, the applicant shall explain in writing how the proposed fence does not meet the general requirements of division (G), and why those requirements cannot be met.
(Prior Code, § 151.063) (Ord. 223, passed 4-14-2003)
§ 151.069 MAXIMUM OCCUPANCY.
(A) Maximum occupancy. The maximum occupancy of any dwelling unit shall not exceed the requirements of this section. For the first occupancy, there shall be at least 150 square feet of floor space and there shall be at least 100 square feet of floor space for each additional occupancy thereof, with said floor space to be calculated on the basis of total habitable room area. Bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops, and hobby and recreational areas shall be excluded from the calculation of total habitable room area.
(B) Nuisance. The following shall be defined as a nuisance: exceeding the maximum occupancy in any dwelling unit.
(C) Ordinance adopted. City code ordinance 222 entitled “General provisions and definitions applicable to the entire city code including penalty for violation” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
(Ord. 151.064, passed 4-9-2012)