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Hickory Creek City Zoning Code

ARTICLE X

- TH-1 TOWNHOUSE DISTRICT

SECTION 1:

Regulations set forth in this section [article] are the district regulations in the TH-1 Townhouse District.

SECTION 2:

Uses. In TH-1 Townhouse District, no building or land shall be used and no building shall be hereafter erected, reconstructed, enlarged or converted, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

One-family attached dwellings where each dwelling is separated by an appropriate firewall.

(2)

Churches.

(3)

Schools, including elementary schools, high schools and institutions of higher education.

(4)

Museums, libraries, parks, playgrounds, swimming facilities not deemed to constitute a nuisance, hazard, or otherwise interfere with the public health, welfare and safety.

(5)

Temporary buildings accessory to new construction provided such are razed within 30 days after substantial completion of such new construction to which they are accessory, or failing completion of new construction, within 60 days after start of such temporary construction.

(6)

One-family detached dwellings if in accordance with all provisions of the SF-3 Residential District.

(7)

Only the following accessory buildings and uses:

(a)

One attached garage with one or more compartments and with front and side walls complying with the requirements of the front and side walls of the main portion of the building as to distance, etc.; or, one detached private garage with one or more main building and not less than 20 feet back from any street line. Provided, that each entrance to any garage shall not be less than 20 feet back from any corner lot line it faces. A private garage shall not exceed more than 600 square feet.

SECTION 3:

Area regulations.

(1)

Front Yard.

(a)

There shall be a landscaped front yard on lots containing dwelling units having a minimum depth of 20 feet. On lots or areas containing other than dwelling units, there shall be a landscaped front yard having a minimum depth of 50 feet.

(b)

On corner lots, the required front yard shall be required on both streets.

(c)

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

(d)

No structure shall be located in the front yard unless as an element of permissible landscaping.

(e)

No off-street parking shall be allowed in any front yard area. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear.

(2)

Side Yard. No side yard is required providing a suitable firewall is installed, except that no contiguous attached structure shall exceed 100 feet in length and the minimum separation between structures shall be 20 feet.

(3)

Rear Yard. Each lot shall have a rear yard area extending the full width of the lot at a depth of not less than 30 feet.

(4)

Unusable Land Areas. No pond, creek or other unusable terrain shall be changed without the approval of such plans by the Planning and Zoning Commission. All required setback areas shall be measured from the edge of the usable land available for development as determined by the Planning and Zoning Commission. Such unusable land areas shall be planned as open greenbelt area to the maximum extent possible.

(5)

Overhang and Fireplaces. The maximum setback requirements shall apply in all cases, except that fireplaces, eaves, bays, and balconies may extend up to a maximum of three and one-half feet into the required front, side or rear yards.

(6)

Width of Lot. The minimum width of the lot shall be 30 feet throughout the depth of the lot from front to rear.

(7)

Depth of Lot. The minimum lot depth shall be not less than 100 feet.

(8)

Area of Lot. Every lot shall have an area of not less than 3,000 square feet.

(9)

Coverage.

(a)

The minimum floor area of the main building shall not be in the aggregate less than 1,350 square feet, exclusive of accessory buildings and the outside walls shall be constructed of Standard Masonry construction.

(b)

On lots containing dwelling units (the main structure) and any accessory buildings (exclusive of parking shelters) shall not cover more than 60 percent of the lot.

(c)

For each lot platted for a single family attached dwelling a minimum of 800 square feet outside the limits of the platted lot must be provided for open space, recreation and service areas, exclusive of dedications for streets and alleys, and such areas designated on the site plan and landscape plan.

(d)

In no event shall the number of dwelling units exceed ten units per acre, exclusive of all streets, alleys and sidewalks, but inclusive of open space, recreational, and service area.

(10)

Height Regulations. No dwelling unit shall exceed two standard stories in height, but in no case more than 30 feet. No garage or accessory building to the dwelling unit shall exceed one standard story.

(11)

Refuse And Waste Storage. Refuse and waste storage areas shall conform to standards as required by this ordinance herein.

(12)

Access. Alleys may be used for ingress and egress to parking and service areas; provided a minimum paved alley width of 20 feet is provided from a street to the parking or service area. Such ingress and egress shall be approved by the Planning and Zoning Commission, giving consideration to adjacent properties and appropriate screening.

(13)

Impervious Surface Limit: The total impervious surface installed upon any front yard, side yard, or corner side yard shall not exceed 50 percent.

(Ord. No. 2022-03-899, § 3.04, 3-28-2022; Ord. No. 2023-06-933, § 3.04, 6-26-2023)

SECTION 4:

Special Requirements.

(1)

All areas for locating dwelling units shall be platted into individual lots and located on dedicated streets, and each of said lots shall be served individually by water, sewer, electric and gas utility services.

(2)

The areas for recreational, open space, and service use may be platted into one or more lots.

(3)

All new homes not yet under construction shall have at least a one-car enclosed garage, 180 square feet, per dwelling unit.

(4)

Every use not hereby specifically authorized and permitted is expressly prohibited in TH-1 Townhouse District.

(5)

Swimming pools, as an accessory structure to a principal building, shall be subject to approval by the Planning and Zoning Commission after taking into consideration the location and the size of the plot; the site; the detailed plans of such swimming pool and any required accessories; and such other factors as may be required for the health, safety and general welfare of the community. In addition, the Planning and Zoning Commission may require that any swimming pool, including mechanical equipment, be located at such distance from any property line as not to interfere with the peace, comfort and repose of the occupants of any adjoining building residence. Any lights illuminating such swimming pools shall be so erected as to eliminate direct rays and minimize reflected rays of light on adjoining premises. A minimum four foot permanent fence or wall must be erected and maintained around said pool and such fence or wall must be not more than 20 feet distance at any one point from the edge of the pool. The fence or wall must be provided with a gate which must be equipped with a gravity lock and be locked at all times.

(6)

Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupants of any adjoining building or residence.

(7)

All buildings shall be constructed according to the Standard Masonry Construction requirements as defined herein.