The following accessory uses are permitted:

A.

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

1.

An attached or detached private garage.

2.

Nonpaying guest houses or rooms for guests within an accessory building, provided such facilities are used only for the occasional and gratuitous housing of guests of the occupant of principal building and not for permanent occupancy by others as a dwelling unit.

3.

Sheds or tool rooms.

4.

Children's playhouse.

5.

Vegetable or flower gardens.

6.

Garden houses.

7.

Private greenhouses.

8.

Private tennis courts.

9.

Private swimming pools.

B.

In C-1, C-2, C-O and M districts there may be any accessory use as authorized herein:

1.

Shall obtain a building permit from the City of Hewitt prior to construction or locating on any property;

2.

Shall have express written permission of the property owner if the property is not owned by permit applicant;

3.

Shall meet setback requirements as specified within the zoning districts but in no case be closer to the front property line than the main building;

4.

Shall not be established on any lot prior to the establishment of a principal use;

5.

Shall comply with all city codes including but not limited to electrical, plumbing, and health and sanitation;

6.

Shall not create any condition which is hazardous to the health and welfare of the public.

C.

In C-1, C-2, C-O and M districts there may be any temporary commercial use authorized herein:

1.

Shall obtain a building permit from the City of Hewitt prior to locating on any property. Permit shall be for 90 days with allowance for one renewal within a 12-month period. Permit fee shall be $25.00 for first 90-day permit and no fee for renewal permit.

2.

Shall have the express written permission of the property owner if the property is not owned by permit applicant.

3.

Shall meet setback requirements as specified within the zoning districts or if the principal building is a nonconforming use, as to setbacks, the temporary commercial building shall not encroach into the required yard(s) any more than the existing principal building.

4.

Shall not be established on any lot prior to the establishment of a principal use.

5.

Shall comply with all city codes including but not limited to electrical, plumbing, and health and sanitation, or shall provide for proper electrical and water service, disposal of solid waste and sewage meeting city approval.

6.

Shall not create any conditions which are hazardous to the health and welfare of the public.

7.

Nonprofit, charitable, and uses not exceeding 72 hours shall be exempt from numbers 1, 3, 4 and 5 of this subparagraph C.

8.

Exempted uses not exceeding 72 hours, as specified in number 7, may be granted one additional 72-hour period for operation, by the building official.

(Ord. of 11-15-99; Ord. No. 2006-04-03, § 12, 14, 4-3-06)

The following regulations shall govern the location, size, and use of accessory buildings located in residential zoned districts R-1, R-2, R-3, R-4, and R-5.

A.

Permit required: All residential accessory structures shall require a permit. Fees for permits shall be in accordance with the most recently adopted fee schedule as approved by the city council.

B.

Site plan required: A site plan indicating the proposed location of the accessory building and other structures on the lot shall accompany the permit. Additionally, a description of materials used including color and roofing are required.

C.

Materials: All residential accessory structures and buildings shall be erected or constructed in a manner consistent with the materials and colors, including roof pitch and architectural style, of the main structure.

D.

Lot coverage: Accessory structures may not occupy more than 30 percent of the rear yard.

E.

Placement of residential accessory buildings: The placement of residential accessory buildings is regulated in accordance with the following:

1.

Residential accessory buildings may be detached or attached to the main building but shall not encroach in any required front yard.

2.

If detached, no accessory building shall be erected within ten feet of any other building. Exception: A detached residential garage may be erected not less than five feet from the main structure.

3.

An accessory building more than five feet from a main building may be erected within two feet of a side or rear lot line, but must be located at least 60 feet from the front street line as measured from the back of the curb or edge of pavement.

4.

Detached Carports: Detached carports must be located ten feet or more from any other building or structure. A detached carport may be erected within two feet of a side or rear lot line, but must be located at least 60 feet from any public right-of-way as measured from the back of the curb or edge of pavement.

F.

Height: No residential accessory building shall be erected, constructed, or placed with a roof plate line greater than ten feet in height.

G.

Masonry: Masonry veneering for residential accessory structures shall be regulated in accordance with the following:

1.

Where masonry veneering is required, materials shall be consistent or similar in type and color to the primary residential structure. Unless otherwise stated, all masonry veneering shall have a visible grout line.

2.

Accessory buildings in residential zoned districts R-1, R-2, R-3, and R-5 that are larger than 400 square feet or have a door(s) larger than six feet wide shall cover 75 percent of the front and two sides of the structures, excluding doors and windows, with a masonry veneer.

3.

In residential zoned district R-4, all residential and accessory buildings shall cover a minimum of 80 percent of each exterior wall of the structures, excluding doors and windows, with a masonry veneer. The remaining area of each exterior wall, excluding doors and windows, shall use stucco, EIFS, or cast concrete modular siding.

4.

Regardless of square footage, any accessory building in residential zoned districts R-1, R-2, R-3, and R-5 with a roof plate line greater than eight feet in height shall have masonry veneering covering 75 percent of the front and two sides, excluding doors and windows.

H.

Special requirements for residential accessory structures in neighborhoods or subdivisions developed after December 31, 1994.

1.

All accessory structures greater than 182 square feet, in residential zoned districts R-1, R-2, R-3, and R-5, shall have masonry veneering covering 75 percent of the front and two sides, excluding doors and windows.

2.

Support columns for attached or detached carports shall be constructed with 100 percent masonry veneering.

3.

Accessory structures greater than 182 square feet must be site built.

4.

The date the original final plat for the subdivision (regardless of any phase) was filed at the McLennan County Courthouse shall be used to determine the date for purposes of this section.

I.

Temporary accessory buildings: Temporary structures shall be regulated in accordance with the following:

1.

Temporary on-site storage containers (ie. shipping containers, P.O.D.S., etc.) shall require a permit. A permit may be issued in 15-day increments with the maximum number of permits issued in one calendar year to a specific address limited to three permits. The city council may consider an extension to the number of permits on a case-by-case basis.

2.

Temporary buildings used for construction purposes only are permitted in any district during the course of construction.

(Ord. of 11-15-99; Ord. No. 2013-11-18-1, §§ 2, 3(App. A), 11-18-13)

A.

Permit required. No fence shall be erected without a fence permit.

B.

Fence permit application. A person desiring a permit to erect or remove or replace any fence shall make written application to the enforcing officer, which application shall designate the location of the fence on the lot, the height of the fence and the materials of which the fence is to be constructed.

C.

Screening fence required. A permanent screening fence shall be required between property zoned commercial or industrial which abuts property zoned residential.

1.

If a rezoning request creates a situation wherein residential and commercial or industrial zoned properties abut, the rezoning applicant and successors shall be required to construct and permanently and adequately maintain the fence.

2.

If construction is to occur on property which abuts undeveloped property, the screening fence shall be constructed and permanently and adequately maintained by the owner of the commercial or industrial zoned property.

3.

If construction is to occur on property which abuts previously developed property, the screening fence shall be constructed and permanently and adequately maintained by the applicant then requesting a building permit.

No fence shall be required for schools, churches, and public buildings. Such screening fence shall be erected along the entire length of the common line between such property or on the property required to erect screening. The permanent screening fence shall be constructed of masonry, solid wood, an earthen berm or a combination of these and shall not be less than six feet in height.

D.

Safety. No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public. Residential fences constructed of barbed wire (except for livestock fences) and walls topped with broken glass or surfaced with like material shall be prohibited; provided, however, a security fence of not less than six feet in height may be topped by barbed wire.

An electric fence shall be prohibited except as follows:

(1)

An electric fence shall be permitted in an Agricultural or Residential zoning district in conjunction with retaining animals.

(2)

An electric fence not exceeding ten feet in height shall be permitted on any non-residential outdoor storage areas. No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height. Electric fences shall be clearly identified with warning signs (minimum size 14 inches × 18 inches) that read: "Warning-Electric Fence" at intervals of not less than 60 feet. An electric fence must meet the following standards:

(a)

Electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335-2-76.

(b)

The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.

(c)

The electric fence controller and emergency entry key safe (KNOX box) for the electric fence must be located in a single accessible location for the entire fence.

(3)

It shall be unlawful for any person to install, maintain, or operate an electric fence in violation of this section.

E.

Height. Walls and fences hereafter constructed on property used for or restricted to residential uses shall be no greater than eight feet in height, subject to the following limitations:

(1)

The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where ground slopes at a grade of ten percent or more, the fence or wall may be built in ten-foot horizontal stair-step sections; the average height of each such section shall comply with the height regulations set forth herein.

(2)

No wall or fence shall be located in a required front exterior yard other than a decorative fence which shall have a height of no more than 2½ feet.

(3)

No wall or fence located on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in the Code of Ordinances.

(4)

Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life. The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be approved by the city building official. A fence erected on top of a retaining wall shall be subject to the height limitations above, measured from the high side of the wall.

(5)

When two adjoining corner lots are situated so that their lot fronts face parallel streets, and so that the side exterior yard of one is a continuation of the side exterior yard of the other, such side exterior yard on both lots may be enclosed by a wall or fence having a maximum height above grade of six feet to the rear of the side exterior yard on each lot.

(6)

When a corner lot is so situated that its rear interior lot line is common to a side interior lot line of an adjoining lot which fronts on the side street of the corner lot, fence or wall heights and location for the rear lot line shall be the same as applicable regulations for the adjoining lot.

(7)

Double frontage lots are to be discouraged; however, if double frontage lots are contained in an approved plat, the yard on the street which the majority of the buildings in such plat front shall be deemed the front yard and the rear yard may be fenced to within five feet of the rear property line provided the following restrictions are complied with:

a.

No solid fence shall be over three feet in height.

b.

Any fence over three feet in height shall not be more than 30 percent solid above the first three feet.

F.

R-4 Multi-family high density fencing. Any newly constructed building or any remodeling or structural changes on an existing building exceeding 50 percent of its fair market value shall provide:

1.

Fencing for multi-family high density developments in R-4 zoned districts must follow all fencing requirements listed in section 9.103, excluding the exemptions and specifications listed below:

a.

Multi-family high density developments in R-4 zoned districts are exempt from section 9.103.E(2).

b.

Safety. No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public. No electric fences or barbed wire shall be permitted.

c.

Height. Fences shall be a minimum of six feet tall and a maximum of eight feet tall.

d.

Fence material and design. All fences shall follow one of the two designs that follows.

(1)

Primed and painted tubular steel or wrought iron fence with masonry columns spaced a maximum of 30 feet on center with structural supports spaced a maximum of ten feet on center, and with sufficient evergreen landscaping to create a screening effect. Fences must also follow the standards in the city's adopted building code.

a.

Evergreen trees with a minimum diameter of two inches and a minimum height of ten feet from the ground to the top of the tree (after planting) shall be planted at a minimum of every 40 feet. Trees must be from a species that have a mature height of at least 20 feet tall.

b.

Evergreen shrubs with a minimum height of two feet (after planting) must be planted between the required trees starting with a maximum spacing of five feet from the trees and then spaced at the minimum spacing requirement for that species of plant. Shrubs must be from a species that has a mature height of at least three feet.

c.

A landscaping plan shall be provided to the city with the permit application. The plan is required to provide a schematic drawing with a one inch to 20 feet scale. A list of plants, mature height and width of plants, and minimum recommended spacing for each plant that will be used to meet the minimum standards for screening shall be provided with the permit application.

(2)

A masonry wall that is built to the standards in the city's adopted building code.

e.

Gates:

(1)

All openings in the surface of a fence for passage shall be equipped with gates equal in height to the fence and constructed from primed and painted tubular steel or wrought iron.

(2)

All gates shall be limited access controlled. Hewitt's dispatch center shall be provided with current access codes, which will allow emergency services to respond to calls inside the fence without any further assistance from residents or employees. A "knox-box", which contains a master key or a master code for all of the gates, may be provided in lieu of access codes being given to Hewitt's dispatch center.

(3)

All gates larger than five feet wide shall be equipped with functioning automatic openers.

f.

Location: Multi-family high density developments in R-4 districts shall be enclosed with a fence.

(1)

The leasing office is the only building that is not required to be enclosed by the fence. The leasing office may be incorporated as part of the fencing structure to maintain limited access to the property.

(2)

Fences located adjacent to any street shall be at a minimum of ten feet inside the property line.

(3)

All fences and screening shall comply with the regulations governing visibility at intersections and interior lots as prescribed in the Code of Ordinances.

(4)

Gates shall be at a minimum of 20 feet inside any property line that is adjacent to any street.

g.

Maintenance. It is the responsibility of the property owner to maintain fencing in the same manner as described above.

h.

Plan. A fencing plan shall be provided along with the permit application. The plan is required to provide a schematic drawing with a one inch to 20 feet scale. The plan shall also have a detailed drawing of the fencing sections and a material list. This plan may be combined with the landscaping plan.

G.

Screening dumpsters. All commercial garbage containers (dumpsters), shall be fully screened from public view. Any newly constructed building or any remodeling or structural changes on an existing building exceeding 50 percent of its fair market value shall follow this requirement. All facilities with commercial containers must comply with this requirement by January 1, 2011.

1.

The minimum of six-foot tall screen shall be provided.

2.

Three sides of the screen shall be constructed with wood or masonry.

3.

The design of the screen shall allow for enough clearance, so that the container(s) can be removed and dump with a garbage truck.

4.

A wooden gate shall be used to enclose the fourth side of the container(s).

a.

Gates that enclose the containers shall be the same height as the other sides of the screen,

b.

Have a latch to hold the gate shut, and

c.

Be able to open in a manner that allows a garbage truck to remove the container(s).

5.

Commercial garbage containers located in a yard that has been screened per other sections of the city's zoning ordinance shall be considered to be in compliance with this screening requirement.

(Ord. of 11-15-99; Ord. No. 2006-04-03, §§ 13, 14, 4-3-06; Ord. No. 2015-04-20-4, § I(Exh. A), 4-20-15)