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Hitchcock City Zoning Code

ARTICLE VII

ACCESSORY AND TEMPORARY USES

Sec. 156.117.- General provisions.

(A)

Principal uses authorized as permitted uses are deemed to include accessory uses. Accessory uses are subject to the same regulations as apply to principal uses in each district, except as otherwise specified in these regulations.

(B)

An accessory use must not be established prior to the establishment of the principal use.

Sec. 156.118. - Accessory dwelling units.

Accessory dwelling units shall be permitted within the "AR" Agricultural Residential and "SFR" Single Family Residential districts provided the following conditions are met:

1.

The coverage of the accessory residential dwelling and other accessory buildings does not occupy more than thirty (30) percent of the required rear yard.

2.

The accessory dwelling unit does not exceed six hundred (600) square feet in size.

3.

The appearance of the accessory dwelling is compatible and consistent with the appearance and character of the principal residence.

4.

There is one additional parking space provided for the accessory dwelling unit, in accordance with Article 8, Parking Regulations.

5.

The maximum height of the accessory structure does not exceed two and one-half (21/2) stories, maximum thirty-five (35) feet from finished grade.

6.

There is no more than one (1) residential electric meter, one (1) water meter and one (1) gas meter per lot, where the respective public and/or private utilities will accommodate this limitation.

7.

The address is the same as the principal residence.

Sec. 156.119. - Home occupations.

(A)

A home occupation is only permitted as an accessory use in a residential dwelling if it meets the following conditions:

1.

The home occupation use does not exceed more than fifty (50) percent of the gross floor area of the principal building.

2.

It does not depend on the employment of a person who does not reside in the residence.

3.

An entrance is not specifically dedicated for the home occupation.

4.

An alteration is not made that changes the character or appearance of the dwelling.

5.

It does not require or use outdoor storage or the display of materials, merchandise, goods or equipment.

6.

No more than one (1) on-premises sign advertising the home occupation is displayed, not exceeding four (4) square feet in area.

7.

It does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one-ton step-up vans or similar sized trucks.

8.

It does not create or cause any perceptible noise, odor, smoke, electrical interference or vibrations to emanate from the premises.

9.

It is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.

10.

The occupation operates in accordance with all applicable laws, and, if a state permit is required, such permit is obtained prior to beginning operation.

(B)

Home occupations may include, but are not limited to, the following:

1.

Accountant.

2.

Architect.

3.

Author.

4.

Childcare (12 children or less).

5.

Clergy.

6.

Computer programmer or analyst.

7.

Consultant.

8.

Craftsmen, including artists.

9.

Lawyer.

10.

Photographer.

11.

Real estate broker.

12.

Salesperson.

13.

Seamstress or tailor.

14.

Secretary or bookkeeper.

15.

Teacher.

Sec. 156.120. - Commercial activities.

(A)

Permanent structure required: Except as herein provided, every business within the City must be operated out of a permanent, stationary, site-built building. Temporary buildings used for educational purposes by the school district are, however, permissible.

(B)

Temporary construction structures: Temporary buildings and building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the Zoning Official for a period not exceeding the period of construction. Upon completion or abandonment of construction, such field offices and buildings shall be removed at the owner's expense.

(C)

Temporary sales structures: Temporary buildings for temporary sales offices, and temporary off-street parking areas, may be permitted in conjunction with new home sales. Such uses may not be placed on-site until public improvements are accepted by the City Commission, or in the case of developed sites where improvements exist, until a permit is issued. Such structures and parking areas shall be removed when the subdivision is sold out. One (1) temporary sales office is permitted per builder in a subdivision.

(D)

Used vehicle sales: It shall not be permissible to place on lots any vehicles, including automobiles, boats, lawn equipment, all-terrain vehicles, or other similar items, for sale or lease, unless the sale of such items is permitted within the district and the current certificate of occupancy for the location. Provided, however, that this prohibition shall not apply to the sale, by owner, of a private vehicle, boat, trailer, or recreational vehicle, provided such is in operating condition with current valid registration, and when parked, is parked on a paved surface on the owner's residential property.

(E)

Portable buildings or structures: Portable buildings or structures, including but not limited to cargo boxes or tractor-trailers, are not permitted for use as commercial or business operations. Provided, however, that such may be used as accessory structures for storage for a main business. The number and location of such structures are subject to site development plan review and approval. Manufactured homes or recreational vehicles are not permitted to be used as accessory buildings.

(F)

Restroom Facilities: Every business within the City must provide permanent restroom facilities on-site available for use by the customers of that particular business. These facilities shall be located within the same building as the business. Restroom facilities shall be in compliance with all applicable state, county and City building and health code provisions, including restroom facilities for handicapped individuals, for the size and type of business to be conducted at that location.

Sec. 156.121. - Outdoor sales.

Outdoor sales, unless otherwise authorized by this Chapter, shall be permitted within the "GC" General Commercial district for commercial or business purposes, accessory to the principal use, only under the following conditions and procedures:

1.

Permit required: No person shall conduct outdoor sales either in the open or under a tent or other temporary cover for commercial or business purposes without first obtaining a permit under this section.

2.

Application for permit: Any person desiring to conduct outdoor sales shall apply to the Zoning Official for a permit. The application shall state: the name of the person conducting the activity; the proposed location; the name of the owner of the property where the sales are to be located; the nature of the intended activity; the proposed dates of use; and, other pertinent information on the form. A copy of the activity's sales tax certificate shall also be submitted prior to issuance of a permit. A site development plan shall also be submitted to the Zoning Official containing all information required by the zoning ordinance for administrative review. The City reserves the right to require additional information or verifications, such as health permits, depending upon the type of business and regulatory oversight by other governmental entities.

3.

Fee: The Zoning Official shall charge and collect a fee before issuance of a permit, in an amount set by the City Commission. If the activity ceases, closes, or is terminated for any reason prior to the expiration of the permit, there shall be no refund of the required fee.

4.

Zoning compliance required: Outdoor sales will be allowed for commercial or business purposes only at locations which are properly zoned for the nature of commercial or business activity to be conducted at that location. Further, all outdoor sales activities must comply with the setback requirements, parking requirements and other standards in City ordinances.

5.

Number of permits: There shall be no more than three (3) permits issued to a person or business, or for a location, within a calendar year, nor shall the aggregate period of outdoor sales within a calendar year exceed seventy-five (75) days.

6.

Nightly storage or screening: At the close of business on each day, the permittee must place or cause to be placed all outdoor sales and merchandise items inside the principal structure or a permanent accessory structure on the premises, or behind an enclosure, such as a fence, so as to remove them from public view.

7.

Removal: The permittee must remove all items, tents, and materials used for the conduct of the outdoor sales from the location on or before the final day of the permit period.

8.

Compliance with all codes: All tents or other coverings and materials used for commercial and business purposes must otherwise comply with all applicable fire, safety, and other codes in effect during the dates of the permitted activity.

9.

Posting: A copy of the permit shall be conspicuously posted at or upon the entrance to the outdoor sales activity at all hours during the approved dates of the activity.

10.

Operating without a permit; False information: Any person or entity conducting outdoor sales for commercial or business purposes without complying with this Article, or who gives false, misleading, or incomplete information on an application, shall within one (1) day of notice of violation obtain the required permit for a fee in an amount which shall be triple the normal fee, or immediately cease and desist from all activity covered by this Article, and remove the outdoor sales activity from the premises before midnight of that day.

11.

Existing Outdoor Sales: Any person or entity conducting outdoor sales on the effective date of this provision is required to be permitted pursuant to this section and must either apply for and receive a permit, or cease the use and remove the activity no later than 5:00 p.m. one hundred eighty (180) calendar days after the effective date of this section.

12.

Outdoor sales in parking areas: Outdoor sales activities within any off-street parking area shall be prohibited if the proposed activity is not within a well-defined area, is within a required parking/paving setback area, reduces the capacity of the parking area below that required by this Chapter, or occupies an area greater than twenty (20) percent of the ground floor area of the building or tenant space.

13.

Exceptions: This article shall not apply to the conduct of outdoor sales or commercial activity by a governmental entity, public utility, or tax-exempt not-for-profit organization formed for education, philanthropic, scientific, or religious purposes, where any proceeds and profits are designed to be contributed to such entity conducting the activity, or where the activity occurs on property owned by a governmental entity. However, such entities and organizations shall comply with all other ordinances and laws applicable to their activity, and no such activities shall be allowed on the public rights of way.

Sec. 156.122. - Outdoor displays of merchandise.

Outdoor displays of merchandise by retail businesses shall be allowed if the display involves items for sale by a commercial retailer located within a permanent structure. Such displays may not cover more than half (1/2) of the width of the pedestrian walkway between the storefront and the curb, unless other accommodations for pedestrian travel satisfactory to the Zoning Official are made.

Sec. 156.123. - Special events.

Special events shall be exempt from the provisions of Sections 7-5 and 7-6 when emergency access and adequate parking are provided.