Hempstead City Zoning Code

This Article establishes regulations for certain land uses which are permitted in a given district, yet require additional regulations to ensure complete compatibility with surrounding land uses.

Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance.

A group home shall be located not less than one thousand (1,000) lineal feet from any other group home or child care facility as measured from the nearest property boundary of the sites on which they are located.

Parking shall be in accordance with Article 5, of this Ordinance.

No signs shall be permitted.

No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties.

All group homes shall meet every State statutory licensing requirement prior to operation and issuance of a certificate of occupancy.

All outside lighting shall meet the performance criteria established in Article 6, of this Ordinance.

All group homes shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a group home operating permit may be appealed to the City Council.

Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance.

All activities and storage associated with a home occupation shall be located within the associated residence.

Employment shall be limited to one (1) person who is not a member of the immediate family residing on the premises.

Parking shall be in accordance with Article 5, of this Ordinance.

One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted.

No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties.

All home occupations shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a home occupation operating permit may be appealed to the City Council.

All home occupations shall meet the performance criteria established in Article 6, of this Ordinance.

No commercial vehicles shall be permitted for delivery and pick-up services associated with a home occupation.

The following land use activities shall not be qualified as home occupations:

Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance.

In any residential district, a child care facility shall be located not less than one thousand (1,000) lineal feet from any other child care facility or group home as measured from the nearest property boundary of the sites on which they are located.

Parking shall be in accordance with Article 5, of this Ordinance.

One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted.

Within any residential district, no structural alterations shall be permitted that will cause the child care facility to be substantially distinguishable from other surrounding residential properties.

All child care facilities shall meet every State statutory licensing requirement prior to operation or issuance of a certificate of occupancy.

All child care facilities located in residential districts shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a child care facility operating permit may be appealed to the City Council.

All child care facilities shall meet the performance criteria established in Article 6, of this Ordinance.

Lots must be screened from abutting residential lots by an opaque fence, wall, or dense growth of plant materials, not less than five (5) feet high and not more than six (6) feet high. Said screen must be constructed and maintained in good condition at all times.

All child care facilities located in residential districts shall be limited to operating between the hours of 6:00 A.M. and 10:00 P.M. daily.

All health and safety standards which have been adopted by the State of Texas, Waller County, or the City of Hempstead shall be met before a building permit or certificate of occupancy may be issued.

The use of recreational vehicles, buses, vehicles with camper tops, or tents as a permanent residence is prohibited.

Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance.

Adult uses shall be regulated under the terms of Ordinance 98-111 [98-114] of the City of Hempstead [Article 5.07 of the Code of Ordinances].

The possession and maintenance of livestock and fowl will be allowed in the City of Hempstead but regulated by the City's Nuisance Ordinance. Complaints regarding the keeping of livestock and/or fowl will be referred to the appropriate officer or department, and will be investigated and enforced accordingly by the Hempstead Municipal Court.

It shall be unlawful to keep or harbor any wild animal within the City of Hempstead.

Fences may be located on a property line. However, in no case may a fence or any other structure be located in a street right-of-way or alley.

Facilities for the provision of personal wireless service facilities, including structures commonly known as “cellular towers,” and ancillary buildings, equipment, and related structures may be allowed within this district following approval by City Council of a specific use permit. Provided however, no specific use permit for a wireless services facility shall be approved if:

Council may set additional standards for the location of such facilities as are necessary to secure adequate service and protect the interest of adjacent property owners. It is hereby specifically provided that Council may allow heights above those provided for in the Lot Standards contained within this Ordinance with the granting of an SUP.