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Hewitt City Zoning Code

PART 6

- MINIMUM YARDS ARE ESTABLISHED

Section 6.101. - [General provisions enumerated.]

A.

R-1, R-2, R-3, R-4 and R-5 districts.

1.

Dwellings shall have:

(a)

Minimum front yard of 25 feet measured from the property line.

(b)

Minimum side yard of five feet with a minimum separation between main buildings to be not less than 20 feet. On a corner lot there shall be a yard along the side street of not less than 15 feet.

(c)

Minimum rear yard of at least 25 feet.

2.

Churches, public buildings and institutions shall provide front and rear yards of a minimum of 50 feet and side yards of a minimum of 25 feet.

B.

C-1, C-2, C-O and M districts.

1.

Except as provided in sections 6.102 and 6.103, no structure or use in the C-1 district shall be erected, altered or maintained unless the following yards are provided:

For all permitted uses: A front yard of not less than 25 feet; two side yards of not less than 15 feet each; and a rear yard of not less than 25 feet.

2.

Except as provided in sections 6.102 and 6.103, no structure or use in the C-2 district shall be erected, altered or maintained unless the following yards are provided:

For all permitted uses: A front yard of not less than 25 feet; no side or rear yard minimums shall be required.

3.

Except as provided in sections 6.102 and 6.103, no structure or use in the C-O district shall be erected, altered or maintained unless the following yards are provided:

For all permitted uses: A front yard of not less than 25 feet; two side yards of not less than ten feet each; no rear yard minimums shall be required.

4.

Except as provided in sections 6.102 and 6.103, there shall be no minimum yard requirements in the M district, except that where a lot abuts a lot in an R district, the side or rear yard required in that R district must be provided along the boundary line.

C.

[Corner lot visibility.] On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 20 feet from the point of the intersection.

D.

[Interior lot visibility.] On an interior lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or existing any public highway, street, alley, or private street or driveway from or to adjacent private property.

(Ord. No. 11-15-99, 11-15-99)

Section 6.102. - [Other provisions.]

These general rules for yards must also be observed:

A.

On lots fronting on two nonintersecting streets, a front yard must be provided on both streets.

B.

In an R district where the rear yard of a corner lot abuts on the side yard along the side of an adjacent lot, such corner lot shall provide a side street of such tract which is equal in width to the depth required for the front yard of such adjacent lot. In those instances where the area adjacent to the rear yard of a corner lot in an R district has not been developed, such corner lot shall provide a side yard along the side street of at least 15 feet.

C.

On corner lots in all commercial and industrial districts that rear upon an R district, a 15-foot yard must be provided along the side street side.

D.

Where block frontage is divided among districts with different front yard requirements, the deepest front yard as required by this ordinance shall apply to the entire frontage.

E.

Where a lot is in a commercial or industrial district, and is next to an R district, the side or rear yard required in that R district must be provided along the boundary line.

F.

In the commercial, industrial, R-3, R-4, and R-5 districts there may be more than one building on a lot provided that the required yards be maintained around the group of buildings.

G.

Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered, except as provided by the board of adjustment.

H.

Required front yards in the R-1, R-2, R-3, R-4 and R-5 districts shall be used only for landscaping, walkways, and driveways necessary for access to the parking area. No parking in front yards. In the C-1, C-2, C-O and M districts and any other planned districts, signs and light standards may be only of such construction and shall be located only in accordance with approved plans. No other structures are permitted.

I.

In the C-1, C-2, C-O and M districts, advertising and security lighting shall be installed to minimize illumination of adjacent residential property. All new lighting fixtures or replacement fixtures shall use full cutoff shielding. Pole lights shall be limited to insure that sufficient light levels accommodate the safety and security needs of the commercial use.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 04-01-2002, § 1, 4-1-02)

Section 6.103. - [Exceptions.]

The following exceptions may be made in yard regulations:

A.

Where, on the effective date of this ordinance, 40 percent or more of a block frontage was occupied by two or more buildings, then the front yard is established in the following manner:

1.

Where the building furthest from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of then existing front yards.

2.

Where this A is not the case and the lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of those two adjacent buildings.

3.

Where neither A nor B is the case and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent buildings.

B.

Sills, belt courses, cornices, and ornamental features may project only one foot into required yard.

C.

Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys, and flues may project into a rear yard for a distance of not more than 3½ feet when so placed as to not obstruct light and ventilation.

D.

Open, unenclosed porches (not glassed in) and canopies may extend ten feet into a front yard.

E.

Terraces, decks and balconies which do not extend above the level of the ground (first) floor may project into a required side yard, provided these projections be distant at least two feet from the adjacent lot line.

F.

Single-family dwellings constructed before the effective date of this ordinance shall not be considered nonconforming as to minimum yards.

G.

In the event a property owner of two or more continuous platted and approved subdivision lots desires to build a single structure on said lots, such lots shall be considered as one lot for purposes of this zoning ordinance. Nothing contained herein shall be deemed to be an abandonment of any dedicated easement or right-of-way on any such lot or lots and any such easement or right-of-way may be abandoned only by the city council. Submission of the site plan to the city at the time an application for a building permit is made shall be deemed to be designation by the property owner of the minimum front, sides, and rear yards for said lots and same shall meet the requirements of this ordinance.

(Ord. No. 11-15-99, 11-15-99)