Hennessey City Zoning Code
DISTRICT REGULATIONS
§ 154.055 ZONING DISTRICTS.
(A) The town is hereby divided into the following zoning districts as defined in this chapter and shown on the official zoning map.
(B) The zoning districts shall be designated as follows and may be referred to by full name or by symbol only.
Zoning Districts | |
Symbol | Name of District |
Zoning Districts | |
Symbol | Name of District |
Agricultural Districts | |
A-1 | Agricultural District |
Residential Districts | |
RE | Residential Estate District |
R-1 | Low Density Residential District |
R-2 | Medium Density Residential District |
R-3 | High Density Residential District |
RM | Mobile Home Park District |
Commercial Districts | |
LC | Light Commercial District |
HC | Heavy Commercial District |
Industrial Districts | |
I-1 | Light Industrial District |
I-2 | Heavy Industrial District |
Special Districts | |
MU-1 | Transitional Mixed-Use District |
DM | Downtown Mixed-Use District |
(Ord. 382, passed 7-8-2021)
§ 154.056 ZONING MAP.
(A) Establishment. The location and boundaries of the zoning districts defined in this chapter must be established by ordinance and shown on the town’s official zoning map, which shall be entitled “Zoning Map of the Town of Hennessey” and which shall be on file in the office of the Town Clerk and maintained under the direction of the Zoning Administrator.
(B) Maintenance and updates. The Zoning Administrator is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezoning).
(C) District boundaries.
(1) Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries.
(2) When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets.
(3) When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys or railroad rights-of-way, as those features were of record at the time of adoption.
(D) Map interpretations. Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the Zoning Administrator using the following rules of interpretation.
(1) A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation and the like), the boundary will be construed as moving with the centerline of the watercourse.
(2) A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence and the like), the boundary will be construed as moving with the ridge line or contour line.
(3) A boundary shown on the zoning map as approximately following lot lines or other parcel boundaries assigned by the Town Assessor will be construed as following such lot lines or parcel boundaries.
(4) A boundary shown on the zoning map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.
(5) A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.
(6) A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.
(Ord. 382, passed 7-8-2021)
§ 154.057 AGRICULTURAL DISTRICT (A-1).
The A-1 District is established for the following purposes:
(A) To provide for the continued use of land for predominately agricultural purposes;
(B) To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety and welfare; and
(C) To provide a base (or holding) zoning district for all newly annexed property.
(Ord. 382, passed 7-8-2021)
§ 154.058 RESIDENTIAL DISTRICTS.
(A) Residential Estate (RE). The RE District is intended to promote and encourage a suitable environment for residential development on large parcels of land at a low rate of urban population density. It is the intent of this district to encourage the construction of and the continued use of the land for single-family dwellings, and to prohibit commercial and industrial use or any other use that would substantially interfere with development or continuation of single-family dwellings or any use not performing a neighborhood function. The district also is intended to encourage low to moderate density neighborhoods to help manage the floodplain and encourage low density near and around flood prone and low-lying areas. On-site sewage disposal may be used in this district; future rezoning to the RE District should be consistent with the town’s plans for sanitary sewer line extension.
(B) Low-Density Residential District (R-1). The R-1 District is intended to promote and encourage the construction of and continued use of land for single-family dwellings with a greater density than the RE District but a lesser density than the R-2 District. The district prohibits commercial, office and industrial uses or any other use that would substantially interfere with the development or continuation of single-family dwellings in the district.
(C) Medium-Density Residential District (R-2).
(1) The R-2 Medium Density Residential District provides a slightly higher population density but with basic restrictions similar to the R-1 District. The principal use of this land is for single-family or multi-family dwellings and related recreational, religious, social and educational facilities normally required to provide a balanced and attractive residential area.
(2) These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.
(D) Residential Multi-Family (R-3). The R-3 District is intended to accommodate the development of multi-family units, including apartments and condominiums. It is the intent of this district, through proper site planning and design, to provide compatibility of uses in zoning, assure privacy and individuality by adequate screening techniques, protect adjacent property values, and make provisions for usable open space (exclusive of parking areas and streets).
(E) Mobile Home Park District (RM).
(1) Generally. The MH District is intended to encourage the development of properly planned mobile home parks and subdivisions in residential environments and to establish standards for the size, design, and quality of mobile home parks.
(2) Mobile Home Park District (RM) regulations.
(a) Temporary parking.
1. It shall be unlawful and an offense to park any recreational vehicle or mobile/manufactured home on any street, alley, highway or other public place or on any tract of land occupied or unoccupied, except when located in approved recreational vehicle parks or mobile/manufactured home parks; provided the temporary parking of recreational vehicles is authorized under the following conditions.
a. An occupied recreational vehicle may be temporarily parked for a period of not more than 48 hours in any 12-month period in the residential and institutional zoning districts of the town.
b. Temporary parking of a recreational vehicle shall not be on a street, alley, public right-of-way, parks or other public property, but the vehicle shall be parked entirely on private property with the consent of the owner thereof.
c. No liquid waste shall be disposed of or dumped into or on any public property, private property, storm or sanitary sewers, but rather all waste shall be held in holding tanks completely within or upon the vehicle. Solid waste shall be disposed of in accordance with the ordinances and regulations of the town.
2. Emergency or temporary stopping is permitted in any street, alley or highway for not longer than one-hour subject to any other or further prohibition, regulations or limitations imposed upon the traffic and parking regulations or ordinances for that street, alley or highway.
3. Any owner of a recreational vehicle may park or store the equipment on private residential property, provided that no person shall occupy the recreational vehicle while so parked, except as provided in division (E)(2)(a)1. of this section for temporary parking.
(b) Application of regulations to existing and new parks.
1. a. Those parks lawfully in existence before the initial date of passage of this section shall not be governed by the regulations and standards of this section unless specifically stated herein.
b. However, no existing park shall be permitted to expand or have placed a greater number of mobile/manufactured homes or travel trailers within its existing boundaries unless these additional units conform to all of the regulations and standards of this section. Any existing park shall not be expanded beyond its existing boundaries unless the newly expanded area conforms to all the regulations and standards of this section.
2. All new parks planned for development after the date of initial passage of this section shall conform to the regulations and standards established herein.
(c) Building permit required. Any person desiring to construct, erect, alter or repair a park or any addition thereto shall, before commencing work thereon, secure a building permit from the town inspector to do so. No permit shall be required for the addition of steps, window or door awnings, antennas, skirting or porches.
1. All construction, plumbing and electrical alterations or repairs shall be made in accordance with the regulations of the town and state statutes.
2. Building permits may be issued only in accordance with an approved site plan, as required in § 154.041.
3. Penalty: any person who violates any provision of this chapter or fails to comply with any requirement hereof shall upon conviction be subject to penalty under § 10.99 of this code of ordinances.
(d) Location and layout requirements.
1. Intensity of development for a new mobile/manufactured home park shall be limited to no more than ten mobile/manufactured homes per gross acres. Recreational vehicle parks shall be limited to 20 recreational vehicles per gross acre.
2. Every mobile/manufactured home or recreational vehicle space shall be clearly defined in a new park. Mobile/manufactured home spaces shall be at least 30 feet wide, and recreational vehicle spaces shall be no less than 25 feet wide. Mobile/manufactured homes shall be parked in the spaces that, at the nearest point, they shall be ten feet from the service road, ten feet from all property lines and at least 15 feet from any other mobile/manufactured home or recreational vehicle.
a. The space or pad on which a mobile/manufactured home or recreational vehicle is parked shall be constructed of asphaltic or portland cement concrete.
b. This requirement may be satisfied with two asphaltic or portland cement concrete driveway ribbons, separated by more than four feet with an area which shall be treated to kill all vegetation and filled with crushed rock to a depth of not less than two inches.
3. Recreational vehicle parks shall make provisions for tent camping. Ten percent of the spaces, in a recreational vehicle park may be assigned to tent camping only, and the space shall be constructed of sandy soil.
a. It shall be unlawful to permit a mobile/ manufactured home or recreational vehicle to be located in a park unless it is placed in a designated mobile/ manufactured home or recreational vehicle space as indicated on an approved site plan.
b. No structure other than a mobile/ manufactured home shall be permitted on a mobile/ manufactured home space, except that one structure of not to exceed 100 square feet may be used for storage on each space, and the park owners’ home and/or park office may be permitted. No storage buildings are permitted on a recreational vehicle space.
4. At least two clearly defined parking spaces will be provided for each mobile/ manufactured home entirely on the mobile/ manufactured home space. At least one parking space shall be provided for each recreational vehicle space either on or adjacent to the recreational vehicle space
5. It shall be unlawful to locate a mobile/manufactured home or recreational vehicle less than 25 feet from any public street or highway right-of-way or so that any part of the mobile/manufactured home or recreational vehicle will obstruct any roadway or walkway of a new park.
6. a. All mobile/manufactured home spaces shall abut upon a drive of not less than 30 feet in width. All recreational vehicle spaces shall abut upon a drive of not less than 20 feet in width. All driveways within a park shall be constructed with a minimum of two and one-half inches of asphaltic concrete on a six-inch compacted subbase or four inches of portland concrete on a four-inch sand cushion base. Driveways must have unobstructed access to a public street or highway. Recreational vehicle parks shall have major means of access from at least a major thoroughfare as designated on the comprehensive plan.
b. All parks shall have and maintain a buffer strip at least ten feet wide, along all park boundaries not bordering a street. The strip shall be bordered by a six-foot, sight-proof fence.
(e) Recreational service facilities and buildings.
1. At least one service building shall be provided in each travel trailer park to house sanitation facilities.
2. Service buildings shall be constructed to conform to the following provisions in addition to this subchapter and the Building Code of the town.
3. A service building shall:
a. Be located no less than 25 feet and no more than 200 feet from any travel trailer space;
b. Be of permanent construction and be adequately lighted;
c. Be of moisture-resistant material, to permit frequent washing and cleaning;
d. Have adequate heating facilities to maintain a temperature of 70°F during cold weather and to supply adequate hot water during peak demands; and
e. Have all rooms well ventilated, with all openings effectively screened.
4. Recreation vehicle water supply, sewer facilities and the like.
a. Provisions shall be made within 150 feet of each travel trailer space to supply water for recreational vehicle reservoirs.
b. Where drinking fountains are provided for public use, they shall be of a type and in location approved by the health officer.
c. Sanitary dump stations approved by the health officer shall be provided to adequately serve the recreational vehicle park at times of maximum usage. The facility is to be connected to the town sanitary sewer system.
d. Toilets and one urinal for the first ten recreational vehicles or fraction thereof and for recreational vehicles in excess often not less than one additional urinal for every ten additional recreational vehicles or fractional number thereof.
e. Toilet facilities for females shall consist of not less than two flush toilets for the first six recreational vehicle spaces or any less number thereof and for recreational vehicle spaces in excess of six not less than one additional flush toilet for every ten additional recreational vehicle spaces in excess of six or fractional number thereof.
f. Toilet facilities for males and females shall not have less than two lavatories and two showers with individual dressing accommodations for the first ten recreational vehicles or any less number thereof, and for recreational vehicle spaces in excess of ten, not less than one additional lavatory and one additional shower with individual dressing accommodations for every ten additional recreational vehicle spaces or fractional number thereof.
g. Each toilet for females and each shower or bathtub with individual dressing accommodations for females shall be in a private compartment or stall.
h. The toilet and other sanitation facilities for males and females shall either be separate buildings or shall be separated, if in the same building, by a soundproof wall.
i. Penalty: any person who violates any provision of this chapter or fails to comply with any requirement hereof shall upon conviction be subject to penalty under § 154.999.
5. Health and safety.
a. Wrecked, damaged or dilapidated mobile homes and recreational vehicles shall not be kept or stored in a park. The health officer shall determine if a mobile home or travel trailer is unfit for human occupancy on either a temporary or permanent basis. Whenever a determination is made, the mobile home or recreational vehicle shall be vacated and removed from the premises.
b. All mobile/manufactured homes in mobile/manufactured home parks shall be tied down in accordance with the requirements of the International Building Code.
6. Mixed parks.
a. Mixed parks shall have certain areas specifically reserved for mobile/manufactured homes and other areas specifically reserved for recreational vehicles. This distinction is to be clearly indicated on the site plan. The mobile/manufactured home portion of the park shall comply with all sections of this code concerning mobile/manufactured homes. The recreational vehicle portion of the park shall comply with all sections of this code concerning recreational vehicles.
b. Although each section of the park may share a common point of access to a public street, mobile/manufactured home traffic and recreational vehicle traffic is to be segregated.
7. Mobile/manufactured home subdivisions.
a. Applicability. Mobile/manufactured home subdivisions shall comply with the provisions of §§ 154.075 through 154.080, 154.095 through 154.100, 154.115 through 154.127, 154.140 through 154.146, 154.160 through 154.167, 154.180 through 154.183 and 154.195 through 154.205, except as otherwise provided for in this subchapter.
b. Lot requirements. Minimum effective lot widths in a mobile/manufactured home subdivision shall be 40 feet measured at the front building line and minimum lot areas shall be 4,000 square feet, provided that at least a five-foot side yard shall be provided on each lot beyond any mobile/manufactured home and addition thereto. The effective lot width of a mobile/manufactured home shall be determined, for interior lots, by measuring at right angles across the lot from one diagonal side line to the other and for corner lots, the measurement shall be made at right angles from on diagonal having the greatest divergence from perpendicular to the street, through the midpoint of the rear line of the required front yard, to the opposite lot line or an extension thereof.
c. Side lot lines. Side lines of lots in a mobile/manufactured home subdivision need not be at right angles to straight street lines or radial to curved street lines.
d. Public streets. Regardless of the effective lot width, mobile/manufactured home subdivision lots must abut a public street for at least 25 feet.
e. Greenbelt. All mobile/manufactured home subdivisions shall have a green belt planting strip not less than 20 feet in width, along all subdivision boundaries.
(Ord. 382, passed 7-8-2021) Penalty, see § 154.999
§ 154.059 COMMERCIAL DISTRICTS.
(A) Light Commercial District (LC). The LC District is intended to provide for a full range of community-oriented retail and service commercial uses.
(B) Heavy Commercial District (HC). This district is intended primarily for uses that provide commercial goods and services to residents of the community in areas that are dependent on automobile access and exposed to heavy automobile traffic. These commercial uses are subject to frequent view by the public and visitors of the town and they should provide an attractive appearance with landscaping, sufficient parking and controlled traffic movement.
(Ord. 382, passed 7-8-2021)
§ 154.060 INDUSTRIAL DISTRICTS.
(A) Restricted Industrial District (I-1).
(1) The I-1 Restricted Industrial District is intended primarily for manufacturing and assembly plants and warehousing that are conducted so that the noise, odor, dust, and glare of each operation is completely confined within an enclosed building.
(2) These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the General Industrial District. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.
(B) General Industrial District (I-2).
(1) The I-2 General Industrial District is intended to provide for heavy industrial development of a potentially noxious nature, including heavy manufacturing, storage, major freight terminals, waste and salvage, resource extraction, processing and other related uses.
(2) The intent is to preserve this land especially for industry in locations with access to major streets as designated on the comprehensive plan map, as well as locations generally accessible to railroad transportation. Because of the objectionable influences that may be created in this district, a buffer or additional setback strip is necessary around this district to protect other zoning districts, except the I-1 Light Industrial District.
(Ord. 382, passed 7-8-2021)
§ 154.061 MIXED-USE DISTRICTS.
(A) Transitional Mixed-Use District (MU-1). The intent of MU-1 District is to provide for and encourage development and redevelopment with mix of uses that are compatible with and can coexist with and support residential uses. The MU-1 shall only be allowed between existing residential and commercial or the Downtown Mixed-Use Districts.
(B) Downtown Mixed-use District (DM). The intent of DM District is to provide for and encourage development and redevelopment that preserves and enhances the unique character and vitality of the town’s central business district. This District defines the downtown area with the intent to concentrate and target infill and redevelopment into the core of the community. Design standards respect the agricultural history of the community while focusing on creating a human-scaled, pedestrian-oriented walkable and bikeable downtown. Continuous retail frontages, largely uninterrupted by driveways and parking, are encouraged.
(Ord. 382, passed 7-8-2021)
§ 154.062 DIMENSIONAL AND DENSITY STANDARDS.
No lot or yard shall be established in any district that does not meet the minimum requirements set forth in the following table. No building or structure shall be erected or enlarged to exceed these regulations, except as elsewhere provided in these regulations.
Dimensional and Density Standards | ||||||||
Zoning Category | Lot Dimensions (ft.) | Minimum Yard Setbacks (ft.) | Minimum Lot Area | Maximum Lot Coverage (%) | Maximum Height (ft.) | |||
Dimensional and Density Standards | ||||||||
Zoning Category | Lot Dimensions (ft.) | Minimum Yard Setbacks (ft.) | Minimum Lot Area | Maximum Lot Coverage (%) | Maximum Height (ft.) | |||
Width | Front | Rear | Interior Side
| |||||
1 Story | 2 story
| |||||||
Agricultural District | ||||||||
A-1 | 150 ft. | 50 ft. | 50 ft. | 25 ft. | 5 acres | 30% | 35 ft. | |
Residential Districts | ||||||||
RE | 160 ft. | 35 ft. | 40 ft. | 10 ft. | 15 ft. | 1 acre | 30% | 35 ft. |
R-1 | 60 ft. | 25 ft. | 20 ft. | 5 ft. | 10 ft. | 7,200 sq. ft. | 25% | 35 ft. |
R-2 | 60 ft. | 25 ft. | 20 ft. | 5 ft. | 10 ft. | 7,200 sq. ft. | 25% | 35 ft. |
R-3 | 60 ft. | 25 ft. | 20 ft. | 5 ft. | 10 ft. | 7,200 sq. ft. | 25% | 35 ft. |
RM | Refer to mobile home park district regulations § 154.058(E)(2) | |||||||
Commercial Districts | ||||||||
LC | None | 25 ft. | 25 ft. | 10 ft. (on side adjoining residential districts) | None | 35% | 35 ft. | |
HC | None | 25 ft. | 25 ft. | None | None | 35% | None | |
Industrial Districts | ||||||||
I-1 | None | None | 25 ft. | 20 ft. | None | None | None | |
I-2 | None | None | 25 ft. | 20 ft. | None | None | None | |
Mixed-Use Districts | ||||||||
MU-1 | None | None | None | None | None | None | None | |
DM | None | None | None | None | None | None | None | |
(A) General District (A-1).
(1) When a lot has double frontage, the front yard requirements shall be provided on both sides.
(2) Projections such as chimneys, elevators, poles, spires, architectural elements and public utilities, not used for human occupancy may extend above the height limit.
(3) Churches, schools, hospitals, sanatoriums and other public buildings may exceed the height limitation of the zoning district, if the minimum depth of the rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the proposed building height exceeds the prescribed height limit.
(4) Accessory building.
(a) Accessory buildings (not to include accessory dwelling units) shall be located not less than ten feet from any side or rear setback and shall not be allowed within any front yard setback in front of any main structure or dwelling.
(b) The setback distance designated in the table in this section shall be measured from the property line.
(5) Minimum lot area shall not be less than 14,000 square feet for church uses.
(B) Specific to General Agricultural District (A-1).
(1) Accessory structures.
(a) All parts of accessory structures must be located not less than 60 feet from the front from the front property line.
(b) Accessory structures located on a corner lot shall have a side yard setback from the intersecting street (street that the dwelling does not face) of not less than 35 feet.
(c) Accessory structures shall not cover less than 20% of the rear yard.
(4) Accessory structures related to residential use on corner lots shall have a side yard setback from the intersecting street of not less than 15 feet.
(2) Side yards; churches, agricultural use structures and main structures (other than residential). There shall be a side yard setback from all side lots of not less than 35 feet.
(3) Intensity of use. Nonconforming, pre-existing lot within the General Agricultural District (A-1), that are enclosed on all sides by lands under different ownership, may be used for a single-family dwelling unit, but may not be used for maintaining or breeding agricultural animals.
(C) Specific to Residential Districts (R-E, R-1, R-2, R-3).
(1) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 35 feet, and no building varies more than five feet from this average setback line, than no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth that 55 feet.
(2) Multiple-family uses shall have a lot area of not less than 7,200 square feet for the first dwelling unit and shall include an additional lot area of not less than 2,800 square feet for the second dwelling unit and 2,000 square feet of lot area for each additional dwelling unit after the second. Common areas shall be allocated equally per dwelling unit.
(3) Accessory dwelling units, such as garage apartments shall require an additional 2,000 square feet of lot area per unit.
(4) Rear yards shall be no less than 20% of the depth of the lot. An unattached, accessory use structure may be located in the rear lot of a main structure.
(5) Churches permitted by special use permit with residential and mixed-use districts shall not be permitted with a lot area of less than one acre and for each increment in seating capacity of 20 persons which exceed a seating capacity of 100 persons in the main sanctuary/auditorium, an additional 300 feet of lot area shall be provided.
(6) Home occupations shall be operated by the inhabitants of the residence and shall not exceed two operators. The occupational use shall not exceed 30% of the dwelling or 10% of the lot. The use shall be conducted in a manner that clearly maintains the residential character of the dwelling and neighborhood.
(a) No signs shall be permitted except for one non-illuminated business name plate not exceeding two square feet in area, attached to the main structure.
(b) Adequate off-street parking to accommodate cliental will be provided in a manner that clearly maintains the residential character of the dwelling and neighborhood.
(c) Off-street parking shall be constructed of dust free material, such as concrete or asphalt.
(d) Equipment used by the home occupation shall be either screened by solid fence or stored within a structure, out of view of neighborhood residents.
(D) Specific to Mobile Home Park District (RM). If 20 mobile home subdivisions shall conform to the area and setback regulations contained in section of this chapter. For all other uses other than mobile home subdivisions located within the RM District shall use the same area and setback regulations as the R-3 Residential District.
(Ord. 382, passed 7-8-2021)