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Hines City Zoning Code

CHAPTER 14

11 - SUPPLEMENTAL PROVISIONS

14.11.010 - Maintenance of minimum ordinance requirements.

No lot area, yard or other open space existing on or after the effective date of this ordinance shall be reduced below the minimum required for it by this ordinance, and no lot area, yard or other open space which is required by this ordinance for one use shall be used as the required lot area, yard or other open space for another use.

14.11.020 - Access.

Every lot shall abut a street, other than an alley, for at least thirty-five feet except as provided for in this ordinance.

14.11.030 - General provisions regarding accessory uses.

An accessory use shall comply with all requirements for a principal use, except as this ordinance specifically allows to the contrary, and shall comply with the following limitations:

Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings and similar recreations equipment may be stored on a lot but not used as an accessory use in any zone.

14.11.040 - Projections from buildings.

Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard; provided, that the projection is not closer than three feet to a property line.

14.11.050 - General exceptions to yard requirements.

The following exceptions to yard requirements are authorized for a lot in any zone, exceptions to yard requirements are authorized for a lot in any zone, except a corner lot. Any front yard need not exceed:

A.

The average of the front yards on abutting lots which have buildings within one hundred feet of the lot; or

B.

The average of the front yard of a single abutting lot, which has a building within one hundred feet, and the required depth for that zone.

14.11.060 - General exceptions to building height limitations.

Vertical projections such as chimneys, spires, domes, elevator-shaft housing, towers, aerials, flagpoles and similar objects not used for human occupancy are not subject to the building height limitations of this ordinance.

14.11.100 - Home occupation permits.

The purpose of this section is to establish a procedure to permit home occupations, as defined, as an accessory use in conjunction with residential dwellings within the R-1 and R-2 zones.

A.

Permits Required. A business license and a home occupation permit shall be required to establish a home occupation in conjunction with a dwelling unit in the R-1, R-2, or R-3 zones. The permit for a home occupation shall simply indicate that the owner of the home occupation recognizes the limitations specified in Section 14.1.030 home occupations of this ordinance, and agrees to abide by them in the conduct of the home occupation.

B.

Violation of Home Occupation Permit. In the event city staff determines that the home occupation is violating the criteria specified in Section 14.1.030 home occupations of this ordinance, it shall revoke the home occupation permit with a written notice, if the violation is not corrected within five days of the written notice the home occupation shall be discontinued.

1.

The homeowner or applicant may file an appeal to the planning commission, following the appeal procedures established in Section 14.17.300 and the hearing process established in Section 14.17.200. The planning commission shall conduct a public hearing on the matter.

2.

During the period between the termination of the permit by staff and final decision by planning commission and/or city council should there be a subsequent appeal, the home occupation shall remain closed and discontinued pending the final decision by the hearings body.

14.11.200 - Clear vision areas.

A.

Establishment of Clear Vision Areas. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and an alley. A clear-vision area shall contain no planting, fence, wall structure or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb or where no curb exists, from the established street center line grade, except that trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight feet above the grade.

B.

Measurement of Clear Vision Area. A clear-vision area shall consist of a triangular area two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in this regulation, or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so measured, and the third side of which is a line across the corner of the lot joining the nonintersecting ends of the other two sides (See Appendix for diagrammatic illustration).

The following measurements shall establish clear-vision areas within the city.

1.

In all zones, the minimum vision clearance distance shall be in relationship to street and road right-of-way widths shall be fifteen feet.

14.11.300 - Fences.

Fences, except barbed wire and similar hazardous materials, are permitted in any zone and do not require a zoning permit for construction. Such fences shall not, however, exceed a height of six feet and shall not be in violation of any vision clearance requirements set forth by Section 14.11.200 of this ordinance. Fences shall be maintained in good condition at all times and shall not create an unsightly condition. The fence must be placed on or inside the property line.

14.11.400 - Authorization of similar uses.

The planning commission may permit, by following the procedures outlined in Chapter 14.12, in a particular zone, a use not listed in this ordinance, provided the use is of the same general type as the uses permitted there by this ordinance. However, this Section does not authorize the inclusion in a zone where it is not listed of a use specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone.

14.11.500 - Additional conditions to development proposals.

A.

The city may require additional conditions for development proposals.

1.

The proposed use shall not impose an undue burden on the public transportation system. For developments that are likely to generate more than four hundred average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding road system. The developer shall be required to mitigate impacts attributable to the project.

2.

The determination of impact or effect and the scope of the impact study should be coordinated with the provider of the affected transportation facility.

3.

Dedication of land for roads, transit facilities, sidewalks, bikeways, baths, or access ways shall be required where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed use.

4.

Improvements such as paving, curbing, installation or contribution to traffic signals, construction of sidewalks, bikeways, access ways, paths, or roads that serve the proposed use where the existing transportation system may be burdened by the proposed use.