C-1 COMMERCIAL DISTRICT3
Editor's note— Article XIII previously named Commercial District was renamed by Ordinance 2008-04-615 adopted 4/15/08.
Editor's note— Former section 6 of this article pertaining to outside storage and display of goods, wares and merchandise and deriving from Ordinance 86-10-114, was repealed and deleted in its entirety by Ordinance 2012-02-678, § 3.01, by the town on 2-12-12. These provisions can now be found in article XXII, section 6.
Regulations set forth in this section [article] are the district regulations in the C-1 Commercial District.
Uses. In C-1 Commercial 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)
Antique Shop.
(2)
Art Gallery.
(3)
Bakery, retail sale only.
(4)
Banks, financial institutions.
(5)
Barber and beauty shops.
(6)
Bird and pet shops, retail.
(7)
Book and stationary [stationery] stores.
(8)
Bowling alley, if air conditioned and sound-proofed.
(9)
Camera shop.
(10)
Candy, cigars and tobaccos, retail sales only.
(11)
Caterer and wedding service.
(12)
Cleaning and pressing shops, having an area of not more than 6,000 square feet.
(13)
Curtain cleaning shop, having an area of not more than 6,000 square feet.
(14)
Department store, novelty or variety store, retail sales only.
(15)
Drug store, retail sales only.
(16)
Electrical goods, retail sales only.
(17)
Florist, retail sales only.
(18)
Furniture repairs and upholstering, retail sales only.
(19)
Gasoline filling stations.
(20)
Grocery stores, retail sales only.
(21)
Hardware, sporting goods, toys, paints, wallpaper, clothing stores, retail sales only.
(22)
Household and office furniture, furnishings and appliance stores, retail sales only.
(23)
Jewelry, optical goods, photographic supply stores, retail sales only.
(24)
Job printing shop.
(25)
Laundry, automatic, equipped with machines of the type customarily found in the home, where custom laundering and finishing may be done. The shop shall not exceed 6,000 square feet in area and no pick-up and delivery shall be operated.
(26)
Letter and mimeograph shop.
(27)
Meat market, retail sales only.
(28)
Movie picture theater.
(29)
Nursery, retail sales of plants and trees.
(30)
Business or professional offices.
(31)
Photographer's or artist studio.
(32)
Piano and musical instruments, retail sales only.
(33)
Public parking garage.
(34)
Plumbing shop, retail sales only, without warehouse facilities (to include storage for ordinary repairs, but not materials for contracting work).
(35)
Restaurant or cafeteria.
(36)
Seamstress, dressmaker or tailor.
(37)
Shoe repair shop, retail sales only.
(38)
Dance, music, drama studio.
(39)
Telegraph and telephone offices.
(40)
Wearing apparel, including clothing, shoes, hats and accessories.
(41)
Tailor Shop.
(42)
Agricultural uses on undeveloped areas of land in excess of five acres within a tract or lot provided that:
(a)
Adequate fencing or barriers are provided to prevent livestock or fowl from running at large or damaging adjacent shrubbery or other property.
(b)
Barns, animal housing or shelters shall be located no closer than 100 feet from any existing dwelling or commercial improvement on the same or any adjacent property.
(c)
No swine may be sheltered or raised except as provided in Article 2.1103 [Section 2.08.003].
(d)
All animals must be maintained so as not to cause a public health hazard, noxious odors or unreasonable noise.
(e)
Not more than two large animals may be kept on each one acre of land. Animals weighing less than 300 lbs, including but not limited to miniature horses, sheep and goats, shall be maintained at a maximum ratio of no more than three animals per acre of land.
(f)
Unless otherwise specified, uses shall comply with all provisions of Chapter 2, Animal Control.
(43)
Special Use Permit, as provided in this ordinance.
(Ord. No. 86-10-114; Ord. No. 2008-04-615, § 3.06, 4-15-2008)
Building Regulations.
(1)
All buildings shall have exterior masonry construction of brick, pre-cast concrete, stone, stucco (must be at least one inch thick installed over metal lathe), or waterproof masonry painted concrete blocks.
(2)
All commercial areas adjacent to residential areas shall be separated from the residential area by the erection of a sight barrier fence which must be a minimum of eight feet in height, fully opaque, and constructed of 100 percent masonry materials.
(Ord. No. 00-05-476, 5-16-2000; Ord. No. 2020-12-866, § 3.01, 12-28-2020; Ord. No. 2021-03-871, § 3.01, 3-29-2021)
Area regulations.
(1)
Front Yard.
(a)
There shall be a front yard having a minimum depth of not less than 40 feet.
(2)
Side Yard. No side yard shall be required for a retail use except:
(a)
On a corner lot, a minimum side yard of ten feet shall be required on the side street.
(b)
On the side of a lot in a C-1 Commercial District adjoining any Residential District or Apartment District, there shall be a side yard with a minimum width of 15 feet.
(3)
Rear Yard. There shall be a rear yard on the rear of the lot of not less than 20 feet.
(4)
Height Regulations. No structure shall exceed two and one-half standard stories in height, but in no case more than 30 feet; provided the Town Council, after receiving a recommendation from the Planning and Zoning Commission may grant a special permit in excess of the above, subject to appropriate safeguards and conditions.
(5)
Parking Regulations.
(a)
Off-street driveways and parking areas shall be curbed, paved and maintained to the Town of Hickory Creek, Texas specifications.
(6)
General. If the building adjoins a second street, it must conform to the building line of both streets.
Mechanical Equipment. 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.
C-1 COMMERCIAL DISTRICT3
Editor's note— Article XIII previously named Commercial District was renamed by Ordinance 2008-04-615 adopted 4/15/08.
Editor's note— Former section 6 of this article pertaining to outside storage and display of goods, wares and merchandise and deriving from Ordinance 86-10-114, was repealed and deleted in its entirety by Ordinance 2012-02-678, § 3.01, by the town on 2-12-12. These provisions can now be found in article XXII, section 6.
Regulations set forth in this section [article] are the district regulations in the C-1 Commercial District.
Uses. In C-1 Commercial 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)
Antique Shop.
(2)
Art Gallery.
(3)
Bakery, retail sale only.
(4)
Banks, financial institutions.
(5)
Barber and beauty shops.
(6)
Bird and pet shops, retail.
(7)
Book and stationary [stationery] stores.
(8)
Bowling alley, if air conditioned and sound-proofed.
(9)
Camera shop.
(10)
Candy, cigars and tobaccos, retail sales only.
(11)
Caterer and wedding service.
(12)
Cleaning and pressing shops, having an area of not more than 6,000 square feet.
(13)
Curtain cleaning shop, having an area of not more than 6,000 square feet.
(14)
Department store, novelty or variety store, retail sales only.
(15)
Drug store, retail sales only.
(16)
Electrical goods, retail sales only.
(17)
Florist, retail sales only.
(18)
Furniture repairs and upholstering, retail sales only.
(19)
Gasoline filling stations.
(20)
Grocery stores, retail sales only.
(21)
Hardware, sporting goods, toys, paints, wallpaper, clothing stores, retail sales only.
(22)
Household and office furniture, furnishings and appliance stores, retail sales only.
(23)
Jewelry, optical goods, photographic supply stores, retail sales only.
(24)
Job printing shop.
(25)
Laundry, automatic, equipped with machines of the type customarily found in the home, where custom laundering and finishing may be done. The shop shall not exceed 6,000 square feet in area and no pick-up and delivery shall be operated.
(26)
Letter and mimeograph shop.
(27)
Meat market, retail sales only.
(28)
Movie picture theater.
(29)
Nursery, retail sales of plants and trees.
(30)
Business or professional offices.
(31)
Photographer's or artist studio.
(32)
Piano and musical instruments, retail sales only.
(33)
Public parking garage.
(34)
Plumbing shop, retail sales only, without warehouse facilities (to include storage for ordinary repairs, but not materials for contracting work).
(35)
Restaurant or cafeteria.
(36)
Seamstress, dressmaker or tailor.
(37)
Shoe repair shop, retail sales only.
(38)
Dance, music, drama studio.
(39)
Telegraph and telephone offices.
(40)
Wearing apparel, including clothing, shoes, hats and accessories.
(41)
Tailor Shop.
(42)
Agricultural uses on undeveloped areas of land in excess of five acres within a tract or lot provided that:
(a)
Adequate fencing or barriers are provided to prevent livestock or fowl from running at large or damaging adjacent shrubbery or other property.
(b)
Barns, animal housing or shelters shall be located no closer than 100 feet from any existing dwelling or commercial improvement on the same or any adjacent property.
(c)
No swine may be sheltered or raised except as provided in Article 2.1103 [Section 2.08.003].
(d)
All animals must be maintained so as not to cause a public health hazard, noxious odors or unreasonable noise.
(e)
Not more than two large animals may be kept on each one acre of land. Animals weighing less than 300 lbs, including but not limited to miniature horses, sheep and goats, shall be maintained at a maximum ratio of no more than three animals per acre of land.
(f)
Unless otherwise specified, uses shall comply with all provisions of Chapter 2, Animal Control.
(43)
Special Use Permit, as provided in this ordinance.
(Ord. No. 86-10-114; Ord. No. 2008-04-615, § 3.06, 4-15-2008)
Building Regulations.
(1)
All buildings shall have exterior masonry construction of brick, pre-cast concrete, stone, stucco (must be at least one inch thick installed over metal lathe), or waterproof masonry painted concrete blocks.
(2)
All commercial areas adjacent to residential areas shall be separated from the residential area by the erection of a sight barrier fence which must be a minimum of eight feet in height, fully opaque, and constructed of 100 percent masonry materials.
(Ord. No. 00-05-476, 5-16-2000; Ord. No. 2020-12-866, § 3.01, 12-28-2020; Ord. No. 2021-03-871, § 3.01, 3-29-2021)
Area regulations.
(1)
Front Yard.
(a)
There shall be a front yard having a minimum depth of not less than 40 feet.
(2)
Side Yard. No side yard shall be required for a retail use except:
(a)
On a corner lot, a minimum side yard of ten feet shall be required on the side street.
(b)
On the side of a lot in a C-1 Commercial District adjoining any Residential District or Apartment District, there shall be a side yard with a minimum width of 15 feet.
(3)
Rear Yard. There shall be a rear yard on the rear of the lot of not less than 20 feet.
(4)
Height Regulations. No structure shall exceed two and one-half standard stories in height, but in no case more than 30 feet; provided the Town Council, after receiving a recommendation from the Planning and Zoning Commission may grant a special permit in excess of the above, subject to appropriate safeguards and conditions.
(5)
Parking Regulations.
(a)
Off-street driveways and parking areas shall be curbed, paved and maintained to the Town of Hickory Creek, Texas specifications.
(6)
General. If the building adjoins a second street, it must conform to the building line of both streets.
Mechanical Equipment. 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.