Courts. Where an apartment building is erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

Location of Dwellings and Buildings. Only one main building with permitted accessory buildings may be located upon a lot. Every dwelling shall face or front upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for retail, multifamily, commercial, industrial purposes, or a combination of same, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley. Whenever two or more main buildings, or portions thereof, are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the Site Plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use.

Temporary Construction and Sales Buildings and Signs. Temporary buildings and signs and temporary building material storage areas to be used for construction and sales purposes may be permitted up to 180 days in accordance with a permit issued by the Town Building Official and subject to renewal upon approval by the Planning and Zoning Commission and Town Council for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices, buildings and signs shall be removed at the direction of the Town Building Official at the expense of the owner in the most expeditions manner. The fees for such permit shall be $100.00 per building or sign.

(Ordinance 2007-04-582, § 3, 4/17/07)

Antennas. Any person desiring to erect or have erected any antenna including a dish antenna, shall make written application to the Town Building Official for a permit to erect same. The application shall include a Site Plan indicating the location of the lot lines and the intended location of the antenna and a drawing of the dish antenna and its component parts. It shall be unlawful and a violation of this ordinance to erect, or cause to be erected, such antenna without first having obtained a permit. It shall be the duty of the permittee to request a final inspection upon completion of the antenna system installation.

(1)

Restrictions and Limitations. All antenna systems constructed and maintained under the provisions of this ordinance shall be subject to the following restrictions and limitations:

(a)

No dish antenna system shall be more than total of eight feet in height; all other television antennas, if installed, shall be placed in the attic space of the building; all other types or commercial antennas will be allowed only under a special use permit.

(b)

The location on the lot of any antenna system shall be within the area defined for any accessory building.

(c)

Antenna systems constructed under the provisions of this ordinance shall be maintained so as to at all times comply with the requirements of this ordinance.

(Ord. 86-10-114)

Special Use Permit. A Special Use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Applicants for special use permits will be considered only for property that is located in a zoning district where special uses are permitted.

(1)

Status of specially permitted uses. The following general rules apply to all special uses:

(a)

The designation of a use in a zoning district as a special use does not constitute an authorization or assurance that such use will be approved;

(b)

Approval of a special use permit shall authorize only the particular use for which the Special Use Permit is issued;

(c)

No use authorized by a special use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new special use permit in accordance with the procedures set forth in this section;

(d)

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the Town Code of Ordinances, or any permits required by regional, state and federal agencies.

(2)

Application for special use permit.

(a)

Application requirement. An application for a special use permit may be submitted by the property owner or by the property owner's designated representative to the Town. The application shall be accompanied by a preliminary site plan prepared in accordance with the requirements of this ordinance. If a zoning amendment is required or requested in writing, such application shall accompany the application for a special use permit.

(3)

Procedures for special use permits.

(a)

Planning and Zoning Commission recommendation. Upon receipt of the application from the Mayor/Town Administrator or his or her designee, the Commission shall conduct a public hearing in order to formulate its recommendations to the Town Council on the special use permit application. At least 30 days prior to the public hearing the applicant shall, in coordination with the Town, have a sign placed on the property indicating that a public hearing is being held regarding an application for a special use permit. Following the public hearing, the Commission shall recommend approval, approval subject to modification, or denial of the proposal to the Town Council. If the appropriateness of the use cannot be assured at the location, the Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

(b)

Town Council action. The Town Council shall be the final decision-maker on applications for special use permits. Following a public hearing and in consideration of the Commission's recommendations, the Town Council shall approve, modify or deny the proposal for a special use permit. If the appropriateness of the use cannot be assured at the location, the application for special use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(4)

Standards.

(a)

Factors for consideration. When considering an application for a special use permit, the Commission in making its recommendation and the Town Council in rendering its decision on the application shall, on the basis of the preliminary site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and the Town Council shall specifically consider the extent to which:

(1)

The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan;

(2)

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

(3)

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on site or within the public rights-of-way to mitigate development-related adverse impacts, which may include but not be limited to the following;[:]

a.

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

b.

Off-street parking areas, loading areas, and pavement type;

c.

Refuse and service areas;

d.

Utilities with reference to location, availability, and compatibility;

e.

Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;

f.

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

g.

Required yards and open space;

h.

Height and bulk of structures;

i.

Hours of operation;

j.

Exterior construction material; building design, and building facade treatment;

k.

Roadway adjustment, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets;

l.

Provision for pedestrian access/amenities/areas;

m.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and

n.

Noise.

(4)

The Commission may recommend and the Town Council may enact an expiration date on the permit requiring construction to commence within a reasonable time period.

(b)

Conditions. In approving the application, the Commission may recommend and the Town Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section. Such condition may include an expiration date of the special use. Any conditions imposed shall be set forth in the ordinance approving the special use, and shall be incorporated into or noted on the site plan for final approval. The Mayor/Town Administrator or his or her designee shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The Town shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

(c)

Prohibition on waivers and variances. The foregoing standards of development shall not be subject to variance that otherwise could be granted by the Zoning Board of Adjustment. In conformity with the authority of the Town Council to authorize special uses, the Town Council may waive or modify specific standards otherwise made applicable to the use by this section, to secure the general objectives of this section.

(5)

Amendment. No proposed or existing building, premise[s] or land use authorized as a special use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the special use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the special use permit and approved site plan are amended accordingly.

(6)

Other regulations. The Zoning Board of Adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any special use permit.

(Ord. 2008-04-615, § 3.10, 4/15/08; Ord. 2008-04-615, § 3.10, 4/15/08; Ord. 2008-12-630, § 3.01, 3.02, 12/16/08)

Outside Storage of Commercial Products and Regulation of Commercial Storage Structures.

(a)

The rules set forth in this Section shall apply to properties located in one or more of the following zoning districts—C-1 Commercial, C-2 Commercial, and LI-1 Industrial.

(b)

The outside storage of goods, wares and merchandise is prohibited in the front-yard area. Outside storage in any other area shall have sufficient screening to prohibit visibility from any adjacent street or adjoining property and plans for such other area storage shall be approved by the Town Council.

(c)

Outside display of goods, wares and merchandise will be permitted for special sales promotions by existing permanent businesses for a period of 12 hours in any one day and not to exceed three days in any one calendar month.

(d)

The display of Christmas trees will be permitted for a period not to exceed 45 days prior to Christmas each year.

(e)

Temporary storage structures or containers for seasonal merchandise or materials as an accessory use may be allowed by the Building Official under the following conditions:

(1)

Submittal of a site plan, permit approval and payment of any applicable fees are required prior to the placement of any merchandise or materials. Express written permission of the property owner is required if the property is not owned by the permit applicant.

(2)

Storage containers may not exceed ten feet in height, ten feet in width and 20 feet in depth unless approved by the Town Council. Outside storage is limited to five percent of the total lot area. Semi-truck trailers may not be parked on site as temporary storage for more than seven continuous days and may not occupy required parking spaces.

(3)

All materials being stored must be fully enclosed within a storage container or behind a solid privacy fence which meets all other requirements of Article 3.06: Fence Construction. Efforts shall be made to lessen any visual or auditory impact on adjacent properties and streets. No trash or debris may be placed in, against, on or around storage area.

(4)

Merchandise may not be sold directly from temporary storage. No hazardous materials may be placed in temporary outside storage units.

(5)

Outdoor storage must be located wholly on private property and may not be located within required landscape areas, required parking spaces or fire lanes, where it obstructs required exits, windows, or vent shafts, or where it impedes pedestrian or vehicular traffic.

(6)

Storage must be placed on an approved dust-free, all-weather surface in compliance with Chapter 12 and other applicable provisions. Permanent alterations to the site are prohibited.

(7)

Storage structures or containers may not be stacked on top of each other or on any other structure.

(8)

Storage area must meet visibility, side and rear setback requirements.

(9)

No signage, lettering, text or artwork may be placed on storage structures or containers.

(10)

Temporary storage permits shall not exceed 60 days without prior approval of the Town Council.

(11)

The code enforcement officer shall have authority to inspect structures with reasonable notice.

(f)

Donation Boxes.

(1)

After the passage of this ordinance, no donation box, with or without an attendant, may be placed in the Town of Hickory Creek without first having obtained permission from the town council and the payment of any required fees.

(a)

Application must be made in writing to the town secretary.

(b)

A permit must be obtained for each donation box and each permit shall expire on the first anniversary date following the issuance of the permit.

(c)

All applications must include:

(i)

Name, address and contact information for the person or organization installing, placing, or maintaining the donation box;

(ii)

A site plan;

(iii)

Building materials, size, color, and signage specifications;

(iv)

Written permission of the property owner and person(s) in control of the property; and

(v)

Any additional information required by the town council.

(d)

Application for the renewal of an annual permit must be made to the town secretary prior to the expiration of the current permit.

(e)

Failure by the permit holder to maintain the donation box in a safe and sanitary manner shall result in the revocation of the permit and/or issuance of citations. Any donation box not removed within ten days of the revocation or expiration of the permit and notice to the permit holder and property owner shall be subject to removal by the Town of Hickory Creek pursuant to Section 6.02.064 of the Code of Ordinances.

(Ord. 2012-02-678, § 3.04, 2/21/12; Ord. 2017-12-781, 12/19/17)