Hennessey City Zoning Code
DESIGN STANDARDS
§ 154.325 STREETS.
(A) Arrangement of streets. The arrangement of streets in a subdivision shall, except for cul-de-sacs, connect with streets already dedicated in adjoining subdivisions or provide for future connections to adjoining tracts. Streets shall be arranged so as to cause no undue hardship on the subdivision of adjacent unplatted tracts and the Planning Commission and Town Board of Trustees may require the dedication of street rights-of-way to facilitate the subdivision of such properties. No development approval shall be granted where adequate off-site transportation is not available at the time of development approval or contained within a fully funded capital improvement program or plan.
(B) Streets.
(1) Collector streets shall be provided for the circulation of traffic through a subdivision and the connection thereof to arterial streets. Adequate local streets shall be provided to accommodate access within the subdivision.
(2) Residential streets shall be so laid out that their use by through traffic will be discouraged.
(3) Street intersections:
(a) More than two streets intersecting at a point should be avoided;
(b) Where two or more streets converge at one point, or acute intersection angles occur, setback lines or special rounded or cutoff corners, or both, may be required to ensure public safety and to facilitate orderly traffic movements;
(c) Streets should intersect at a 90-degree angle, and in no case should the angle be less than 75 degrees; and
(d) Streets should have at least a 50-foot tangent section of roadway approaching an intersection.
(4) Dead end streets shall not be permitted except where same will be eventually extended in adjacent unplatted areas. Such temporary dead-end streets shall terminate with a turnaround.
(5) No street names shall be used which will duplicate or be confused with the names of existing streets in the town or neighboring communities. Street names shall the subject to approval by the Planning Commission and Town Board of Trustees and shall be shown on the final plat.
(6) Pedestrian walk rights-of-way not less than ten feet wide shall be required where deemed necessary to provide access to schools, playgrounds, shopping centers, transportation and other community facilities.
(C) Minimum right-of-way widths. The minimum right-of-way widths of proposed streets shall be as follows:
Type of Street | Right-of-Way Widths |
Freeway or expressway | As required by the State Department of Transportation |
Primary arterial | 100 feet |
Secondary arterial | 80 feet |
Minor industrial street | 70 feet |
Residential collector | 60 feet |
Local streets | 50 feet |
(D) Access.
(1) Each lot shall be provided with access to a public street, approved private street or highway.
(2) (a) A shared access easement may be required between adjacent lots fronting on any street section in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots.
(b) Said dedication shall be provided on the final plat of the subject properties or be filed by separate instrument and filed with the county.
(3) Non-access provisions controlling ingress and egress to streets may be required by the Planning Commission and Town Board of Trustees to assure traffic safety and to relieve congestions at intersections.
(4) The minimum distance between access points are as follows:
Type of Street | Minimum Distance Between Access Points |
Freeway or expressway | Limited by the State Department of Transportation |
Primary arterial | No limits of access |
Secondary arterial | No limits of access |
Minor industrial street | No limits of access |
Residential collector | No limits of access |
(Ord. 382, passed 7-8-2021)
§ 154.326 ALLEYS.
(A) Commercial and industrial. Alleys may be required by the Planning Commission and Town Board of Trustees in commercial and industrial zoned properties to provide service access, off-street loading and unloading, parking and access for police and firefighting services. Alleys serving commercial and industrial zoned properties shall not be less than 30 feet in width of right-of-way.
(B) Residential. Alleys in residentially zoned properties shall be not less than 20 feet in width of right-of-way.
(C) Alignment. Horizontal changes in alignment shall be gradual and at intersection corners and shall have a radius of 20 feet to permit safe vehicular turning movements.
(D) Dead end. Dead end alleys shall be avoided where possible, but where unavoidable, shall be provided with an adequate vehicle turn-around at the terminus as determined by Fire Chief or his or her designees.
(E) Obstructions. No obstructions shall be permitted in areas reserved for alleys.
(Ord. 382, passed 7-8-2021)
§ 154.327 SIDEWALKS.
(A) Generally. As a critical component to the town’s transportation system, sidewalks serve to provide for the health, safety and welfare of the town.
(1) Sidewalks provide safe pathways for people to move about the town and reduce the potential for pedestrian-automobile collisions.
(2) Furthermore, sidewalks can serve both residential and nonresidential uses by increasing connectivity (i.e., points and types of access to an area) and providing additional means of travel.
(B) Sidewalks required.
(1) Requirement.
(a) Sidewalks shall be constructed on both sides of all streets, within residential and commercial districts, unless the Planning Commission waives or modifies this requirement, including allowing the developer to contribute funds-in-lieu of construction.
(b) Within all residential developments, sidewalks shall be a minimum of four feet in width.
(c) The design and installation of all sidewalks shall meet all state and federal requirements, including, but not limited to, the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(d) All subdivisions, site developments, or sections thereof shall have installed in them sidewalks and/or trails to serve each lot or parcel therein.
(2) Responsibility. The developer shall install sidewalks within the development along street rights-of-way and along the existing streets fronting the development
(3) Construction materials. Sidewalks shall be concrete, shall conform to the applicable standards contained in these regulations and shall be a minimum of 48 inches wide and a minimum of four inches thick with handicapped access at all intersections. Sidewalks shall normally be separated from the edge of the street by a grassy strip 24 inches wide. All non-paved right-of-way shall be either sodded or seeded.
(4) Location. Sidewalks and trails shall be located in the right-of-way of the street and shall extend across the entire dimension of each lot or parcel side adjacent to a public street.
(5) Timing of completion. All required sidewalks and trail dedications shall be completed prior to occupancy and before any public utility connection occurs.
(6) Sidewalk fee in lieu of construction.
(a) It is the desire of the town to have required sidewalks built at the time of and congruent with development. However, there may be circumstances regarding safety, economic waste and geographical features that preclude such construction.
(b) The Zoning Administrator has the authority to approve construction exemptions and collect a fee in lieu of 115% of the estimated total construction cost (i.e., labor included).
(c) In no instance will a private or public entity not build or pay a fee in lieu of sidewalk or trail construction.
(Ord. 382, passed 7-8-2021)
§ 154.328 EASEMENTS.
(A) Utility easements. Where alleys are not provided, the Planning Commission and Town Board of Trustees may require easements of a minimum width of ten feet along each rear lot line and along each side lot line where necessary for use by public and private utilities.
(B) Drainage easements. The Planning Commission and Town Board of Trustees may require drainage easements as recommended by the town. All drainage easements for facilities shall be of such dimensions so as to allow equipment access for construction and maintenance of the facility.
(Ord. 382, passed 7-8-2021)
§ 154.329 BLOCKS.
(A) The lengths, widths and shapes of blocks shall be determined with due regard for the following:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) Zoning requirements as to lot sizes and dimensions;
(3) Need for convenient access, circulation, control and safety of street traffic; and
(4) Limitations and opportunities of topography.
(B) Blocks for residential use shall not be longer than 1,800 feet or less than 500 feet measured along the centerline of the block. Wherever practical, blocks along primary arterial and secondary arterial streets shall be not less than 1,000 feet.
(C) (1) When a block exceeds 600 feet in length, the Planning Commission may require a dedicated easement not less than 15 feet in width and a paved crosswalk not less than four feet in width to provide pedestrian access across the block.
(2) Such pedestrian walkways or crosswalks may be required by the Planning Commission if deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities.
(D) Blocks used for residential purposes shall be of sufficient width to allow for two tiers of lots of appropriate depth but shall not be less than 220 feet in width except where otherwise required to separate residential development from through traffic. Other exceptions to this prescribed block width shall be permitted for blocks adjacent to major streets, railroads or waterways. Such exceptions are allowed provided other applicable provisions of this chapter are met.
(E) Blocks intended for business and industrial use shall be of a width and depth suitable for the intended use, with due allowance for off-street parking and loading facilities.
(Ord. 382, passed 7-8-2021)
§ 154.330 LOTS.
(A) Generally. The lot arrangement shall be such that there will be no foreseeable difficulties for reasons of topography or other conditions in securing a building permit. All lots shall be arranged to comply with the comprehensive plan, the zoning regulations, all drainage ordinances and building codes and all other ordinances of the town, and to provide access from an approach street.
(B) Dimensions.
(1) Lot dimensions shall comply with the minimum standards of the zoning regulations.
(2) Additional requirements shall be as follows.
(a) Lots shall have a width, depth and area of not less than that required by the zoning regulations. Lots, tracts or parcels created for a particular commercial or industrial use shall have sufficient area and dimensions to provide for off-street parking and loading facilities as required by the zoning regulations for the type of use and development proposed.
(b) Corner lots shall have an extra width that is adequate to permit building setbacks from side streets and front streets.
(c) Side lot lines shall be at right angles to street lines or radial to curving street lines.
(d) Corner lot lines shall be cut with a chord to provide a sight triangle with legs of 25 feet from the point of intersection of the property lines along both property lines. The triangle shall be dedicated to the town and be included in the street right-of-way easement.
(C) Lots under one ownership; lots for commercial and industrial uses.
(1) Where a block is to be developed and retained under single ownership, it is not required that the block be subdivided into lots; however, the block must meet all requirements of this chapter and other applicable regulations for lots and blocks, including lot sizes and dimensions.
(2) All lots proposed for commercial or industrial use shall abut upon a dedicated street and shall be of appropriate size and arrangement to provide for adequate off-street parking and loading facilities based on the intended use.
(3) No individual parcel shall be created for a particular commercial or industrial use that has an area, width or depth that is less than is required for the permitted use under the applicable provisions of the zoning regulations.
(D) Double frontage and reverse frontage lots.
(1) Double frontage and reverse frontage lots shall be avoided, except where they are needed to provide for the separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
(2) In all cases, a sight-proof screening shall be provided and shall not be less than six feet in height. The sight-proof screening shall be provided along the rear portion of the lots abutting such a traffic artery.
(3) There shall be no right of access to the rear or side portion of any lot abutting such traffic artery.
(E) Street access. Low or medium density residential lots shall not derive access from a major street. Lots facing collector streets should be minimized to the fullest extent possible. Where a lot borders a collector street and a local street, access shall be gained from the local street only. If lots have access on local streets, the Planning Commission shall require on the face of the final plat a note limiting access for lots that back or side onto a collector, arterial or other major street. Where driveway access from a major or arterial street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards. Driveways should be designed and arranged so that vehicles avoid backing into major or arterial streets. It is encouraged that driveways should be designed and arranged so that vehicles avoid backing into collector streets.
(F) Drainage. Lots shall be laid out so that drainage flows away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
(Ord. 382, passed 7-8-2021)
§ 154.331 PUBLIC AREAS AND OPEN SPACE.
(A) Purpose.
(1) The purpose of this section is to provide the amount of land to be dedicated for parks and open space.
(2) Parks and open space are essential in providing for the public welfare of the community.
(3) These areas benefit residents by providing recreational opportunities and are considered elements that contribute to the quality of life found in the community.
(4) The amount of land for parks and open space and its distribution contributes to citizens’ quality of life.
(B) Applicability. It shall be a condition of a final plat of all residential subdivisions having a dwelling unit density of greater than one unit per net acre, that the applicant, developer or owner will be required to make to and at the discretion of the Town Board of Trustees either:
(1) Land donation; or
(2) Cash in lieu of land donation.
(Ord. 382, passed 7-8-2021)
§ 154.332 BUILDING AND SETBACK LINES.
(A) Building lines shall be shown on all plats intended for residential use of any character, as follows:
(1) In residential districts, a front yard setback shall be provided on every lot. The depth of such front yard setback line shall be at least 25 feet.
(2) On any corner lot to be used for residential purposes, the setback line on the intersecting street shall be located not less than 15 feet from the right of way line, in case such lot is back to back with another lot, and 25 feet in every other case; and
(3) Restrictions shall be made requiring that all buildings to be used for residential purposes be set back from side lot lines at least five feet on all interior side lot lines.
(B) Where crosswalks are provided or required, a side yard building line shall be provided not less than ten feet back of a crosswalk right-of-way line on the side of a lot abutting a midblock crosswalk.
(Ord. 382, passed 7-8-2021)
§ 154.999 PENALTY.
(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) (1) Any person, firm or corporation who violates any of the provisions of this chapter or fails to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense, or misdemeanor, and shall, upon conviction, be liable for a fine not to exceed the sum as set forth in the Appendix of Fines and Fees, excluding costs, and each day such violations shall be permitted to exist shall constitute a separate offense, or misdemeanor, and shall be punished as such.
(2) The owner, or owners, of any building or premises or part thereof where anything in violation of this chapter shall exist, and any architect, builder, contractor, individual, person, firm or corporation employed in connection therewith and who may assist in the commission of any such violation shall be deemed guilty of a separate offense, and upon conviction, shall be fined as herein provided.
(Ord. 382, passed 7-8-2021)