Hennessey City Zoning Code
USE REGULATIONS
§ 154.075 EXPLANATION OF TABLE ABBREVIATIONS.
(A) Generally. The use of land or buildings shall be in accordance with those listed in the table at the end of this section, Use Chart. No land or building shall hereafter be used, and no building or structure shall be erected, altered or converted other than for those uses specified in the zoning district in which it is located.
(B) Explanation of table abbreviations.
(2) Explanation of table abbreviations.
(a) Permitted uses. A filled in cell indicates that the use is allowed by right, without special conditions other than those imposed upon other uses by right in the district. Permitted uses are subject to all other applicable regulations of this chapter, including the special use permit standards in this chapter and the standards in §§ 154.055 through 154.062.
(b) Special review uses.
1. “S” in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved in accordance with the procedures of § 154.040. Specific review uses are subject to all other applicable regulations of this chapter, including the special use permit standards in this chapter and the requirements of §§ 154.055 through 154.062.
2. The “S” designation in the table in § 154.076 in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each special use permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas and may be approved or denied as the findings indicate appropriate.
(3) Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.
Designates use permitted in zoning district | |
Designates use prohibited in zoning district | |
S | Indicates use may be approved as special use |
(Ord. 382, passed 7-8-2021)
§ 154.076 TABLE OF USES.
(Ord. 382, passed 7-8-2021)
§ 154.077 ACCESSORY USES.
(Ord. 382, passed 7-8-2021)
§ 154.078 GENERAL STANDARDS.
All accessory uses and structures shall comply with the general standards in this section.
(A) Compliance with this chapter. All accessory uses and structures shall be subject to the dimensional requirements of § 154.062, unless otherwise specified in this chapter. Accessory uses shall comply with all standards of this chapter applicable to the principal use with which they are associated.
(B) Dimensional standards for accessory buildings and structures.
(1) Same lot. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use.
(2) Size. In the R-1, R-2, R-3 and RM Districts, the maximum size of any accessory building shall be 1,000 square feet unless otherwise approved by specific use permit. No accessory building shall be constructed until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building is also being used. In commercial and industrial districts, an accessory use shall not occupy more than 50% of the building square footage associated with the principal use.
(3) Same ownership required. The principal use and the accessory use shall be under the same ownership.
(Ord. 382, passed 7-8-2021)
§ 154.079 APPROVAL OF ACCESSORY USES AND STRUCTURES.
(A) All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this chapter.
(Ord. 382, passed 7-8-2021)
§ 154.080 ADDITIONAL STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES.
(A) Home occupations. A home occupation may be permitted as an accessory use to a principal dwelling unit in any of the residential districts, provided that:
(1) Size/area. The business or service is located within the dwelling or an associated accessory building and does not exceed 20% of the combined floor area of the structures or 500 square feet, whichever is less;
(2) Employees and residency. The principal person or persons providing the business or service shall reside in the dwelling on the premises. The home occupation shall employ no more than one person who does not reside on the premises;
(3) Neighborhood compatibility.
(a) All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there shall be no more than two vehicles per home occupation.
(b) There shall be sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to §§ 154.160 through 154.167.
(c) No additional parking areas other than driveways shall be located in the required front setback.
(d) There shall be no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.
(e) The property shall contain no outdoor display or storage of goods or services that are associated with the home occupation.
(f) Wholesale or retail sales of goods shall not occur on the premises.
(g) The home occupation shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.
(4) Prohibited home occupations. The following uses, because of their impacts on the surrounding residential area, shall not be permitted as home occupations: auto repair or motorized implement repair; dance, music or other types of instruction (if more than four students are being instructed at one time); dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; barber shops having more than one chair, beauty shops having more than one chair; welding shops; nursing homes; bed and breakfast and other such transient lodging.
(B) Swimming pools and associated equipment. Swimming pools may be placed in rear yards and rear building line areas upon approval and issuance of a building permit in any A-1 or R Districts. No swimming pool, nor any part of it, inclusive of decks and equipment, shall be placed in any utility easement, or drainage easement. No swimming pool, nor any part of it, shall be closer than five feet of any property line. All aboveground swimming pools shall be at least 25 feet from any arterial street.
(C) Storage buildings. Storage buildings containing no more than 120 square feet may be placed in rear yards in any A-1 or R Districts but shall be located at least five feet from the rear and side property lines. No part of the building, however, shall be located within a utility easement.
(D) Outdoor display and sales. Outdoor display and/or sale may be allowed as an accessory use for all commercial uses. It is the intent of this chapter to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic or creates an unsafe condition. The display of goods shall meet all of the following requirements.
(1) Procedural requirement. Outdoor display and/or sale shall require approval of the director. All new site plans must show the location of such areas in accordance with this section. Existing nonresidential uses must submit a plan showing the location of the outdoor display or sales areas and how the requirements of this section are to be met. Approval may be subject to appropriate conditions by the director.
(2) Where permitted.
(a) All outdoor display of goods shall be located immediately adjacent to the storefront and not in drive aisles, loading zones, fire lanes or parking lots.
(b) The area used for outdoor display or sales shall not occur on the sides and rear of buildings and shall be limited to no more than one-half of the length of the storefront, unless increased by the director after taking into account aesthetic and safety concerns or other relevant factors. In the case of a shopping center, the “storefront” shall include the entire frontage of the shopping center, meaning that the total amount of display for all the in-line tenants combined shall not exceed 50% of the aggregate storefront of the overall shopping center.
(c) The area of outdoor display or sales shall not encompass the width of the entrance doors to the facility as projected straight out from the facility. For example, if the width of the entrance doors is ten feet, then there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.
(d) No goods shall be attached to a building’s wall surface.
(e) The height of the outdoor display shall not exceed six feet, unless an exception to this provision has been granted by the director.
(f) The outdoor display area shall take place on an improved surface such as the sidewalk or pavement and be clearly marked by a contrasting paint color.
(g) No outdoor displays shall be allowed in required landscape areas.
(3) No pedestrian obstruction. At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.
(E) Outdoor storage. Outdoor storage may be allowed as an accessory use through the site plan review process and subject to compliance with the following requirements.
(1) Each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.
(2) Goods stored in an approved outdoor storage area shall be limited to those sold on the premises as part of an associated primary use.
(3) (a) Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six feet and eight feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure.
(b) The fence may exceed eight feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the primary structure.
(c) The perimeter of the fence or wall must be landscaped with a seven-foot wide strip containing a minimum of one tree for every 150 square feet of lot area.
(4) A landscaped earthen berm may be used instead of or in combination with a required fence or wall.
(5) If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.
(6) No materials may be stored in areas intended for vehicular or pedestrian circulation.
(7) If installed, exterior lighting shall meet the functional needs of the facility without adversely affecting adjacent properties or the neighborhood.
(Ord. 382, passed 7-8-2021)