For the purpose of this chapter, the town is hereby divided into the following districts:

(1)

District A: Single-family residential district.

(2)

District B: General business district.

(3)

District C: Garden home residential district.

(Code 1985, § 31.401; Code 1989, § 19-96; Ord. No. 384, § 1, 5-16-1987; Ord. No. 388, § 1, 8-18-1987; Ord. No. 557, § 1—3, 8-17-1993)

Editor's note— The provisions of the townhouse residential district were repealed by Ordinance No. 388 dated August 18, 1988, which provided that this ordinance shall not apply to or affect any property zoned and classified as District C townhouse residential district property as of that date; any such property shall remain subject to the provisions contained in the Code of Ordinances of 1985, chapter 31, sections 31.403.6.1—31.403.6.5 as if such provisions had not been repealed.

(a)

When definite distances in feet are not shown on the zoning map, the district boundaries of the zoning area are intended to be along existing street, alley, or property lines or extension of or from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the maps measured from a given point.

(b)

Where the street layout actually on the ground varies from the street layout as shown on the zoning map, the board of adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent of the plan for the particular area in question.

(Code 1985, § 31.402; Code 1989, § 19-97)

In district A single-family residential district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence.

(2)

Public parks and public playgrounds and noncommercial athletic fields; and public, private, or denominational schools having a curriculum equivalent to a public elementary or secondary school. A kindergarten or day nursery school shall be allowed if in conjunction with a higher level school or when operated as a function of a church.

(3)

Community club facilities when organized for use of a particular residential development.

(4)

Fire stations.

(5)

Detached accessory buildings, including a detached garage, may not exceed one story in height unless structurally attached with the common foundation of the principal building in which case it is considered to be an integral part of the principal building.

(6)

Telephone exchange facilities, without business offices, storage, or maintenance facilities.

(7)

Electrical facilities and electrical energy facilities; transformers; relay and substations; poles and wires; natural gas handling and regulating stations; and private, public utility, and common pipelines subject to the approval required under other chapters; except office buildings, storage facilities, repair and maintenance facilities, and generating facilities.

(8)

Temporary buildings to be used for construction purposes only, which shall be removed upon completion or abandonment of construction work. Field offices for the sale of real estate, which shall be removed upon request of the building inspector.

(9)

Such uses as may be permitted by special permits.

(Code 1985, § 31.403.1; Code 1989, § 19-111; Ord. No. 332, § 1, 6-18-1985; Ord. No. 735, 5-14-2002; Ord. No. 826, 7-18-2006)

(a)

In district A single-family residential district, there shall be a living area of not less than 1,600 square feet, except that in nonconforming lots, the minimum living area may be 1,200 square feet.

(b)

No two-story dwelling shall be erected on any site unless said dwelling has a ground floor living area, exclusive of porches and garages, of 1,200 square feet or more, whereupon the second story must have sufficient living area to equal a total of at least 1,600 square feet for both stories.

(Code 1985, § 31.403.2; Code 1989, § 19-112; Ord. No. 489, 6-19-1990)

No building in district A shall exceed two standard stories in height.

(Code 1985, § 31.403.3; Code 1989, § 19-113)

Area regulations for district A under this division shall be as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of 40 feet from the building line.

(2)

Side yard.

a.

Principal building. Ten feet from the side property line to the building foundation edge, except that on a corner lot the street side setback area shall be not less than 20 feet from the side property line to the building foundation edge.

b.

Accessory building or structure. Ten feet from the side property line to the building foundation edge. The front foundation edge shall not be forward of the nearest adjacent rear building line of the principal building.

c.

Portable building or structure. Not permitted in side yard.

(3)

Rear yard.

a.

Principal building. Twenty feet from the rear property line to the building foundation edge.

b.

Accessory building or structure. Ten feet from the rear property line and ten feet from the side property line to the building foundation edge. The front foundation edge shall not be forward of the nearest adjacent rear building line of principal building.

c.

Portable building or structure. Five feet from the rear property line and five feet from the side property line to the building edge. Portable buildings must be a minimum of ten feet from the principal building.

(4)

Lot area (minimum). All building plots in this classification shall contain not less than 20,000 square feet except for existing platted lots which are nonconforming.

(5)

Buildings on the lot. The building or buildings on any one lot must not cover more than one-third of the entire lot area.

(6)

Parking spaces. Off-street parking space shall be provided on the lot to accommodate a minimum of two motor cars for each dwelling unit; however, no supporting member of any garage, carport, or other automobile storage shall be located within the required front yard.

(Code 1985, § 31.403.4; Code 1989, § 19-114; Ord. No. 333, § 1, 6-18-1985; Ord. No. 341, § 1, 8-20-1985; Ord. No. 370, § 1, 2-17-1987; Ord. No. 449, § 1, 10-18-1988; Ord. No. 490, 6-19-1990; Ord. No. 861, §§ I, II, 8-19-2008)

An occupation carried on entirely within a home that is not detrimental or injurious to adjoining property or in which chattels, goods, wares, or merchandise are not commercially created, exchanged or sold will be permitted provided that such uses are located in the dwelling used by such person as his/her private residence. Said incidental use shall never be permitted as a principal use and cannot involve the conduct of retail business. The home occupation use shall not utilize more than 25 percent of the gross floor area of the building or structure. Home occupations shall not include, for example, barbershops, beauty shops, carpenter shops, electrician shops, plumber shops, radio, television or electronic appliance shops, auto, engine or motor repairing, auto painting, furniture repairing, or sign painting. In no event shall advertising signs or bill posters advertising the home occupation be permitted.

(Code 1985, § 31.403.5; Code 1989, § 19-115; Ord. No. 491, §§ 1—4, 6-19-1990; Ord. No. 492, 6-19-1990)

(a)

Purpose. In light of local concerns that residences within Hollywood Park may be more fire prone because Hollywood Park is densely populated by trees and other natural foliage, at least 75 percent of materials used in the external construction and renovation of the exterior of residential and commercial structures must be fire resistant or as near to that percentage as possible.

(b)

Definition of fire-resistant materials. Construction materials are considered sufficiently "fire-resistant" when they conform to the following ratings as established by the International Code Council and National Fire Protection Association:

(1)

An hour rating of at least one hour; and

(2)

A maximum temperature rating of at least 600 degrees.

(c)

Building permits. The town's building inspector retains overall authority to approve building permits. On the single issue of fire-resistant materials, the fire chief or deputy fire marshal retain discretion to review proposed construction plans and determine whether particular building materials to be used in an individual project pose a substantial risk of unreasonably promoting the spread of fire within the specific area of construction or remodeling. The fire chief or deputy fire marshal retain the ability to determine if building materials are sufficiently fire-resistant for the given location. Such materials must comply with subsection (b), the fire code, and the building code. The fire chief or deputy fire marshal shall then inform the building inspector of his/her decision.

(d)

Appeal; denial of building permit. If the building inspector denies a building permit based solely or in part because of the decision of the fire chief or deputy fire marshal regarding building materials, the fire chief or deputy fire marshal shall provide written comments and any other information necessary to explain or justify his/her decision. Comments and other information provided by the fire chief or deputy fire marshal will be submitted to the appropriate appellate authority designated by the Town of Hollywood Park Code of Ordinances to hear appeals of decisions made by the building inspector.

(e)

[New construction/renovations.] Any new construction or renovations performed after the effective date of this section must conform to the requirements of subsection (a).

(f)

[Grandfathered provisions.] Building permits obtained prior to the effective date of this section shall be honored according to the law in effect at the time they were issued.

(Ord. No. 2008, § I, 4-20-2021)

(a)

Permit. Under lot classification in district B general business district, a building or premises in this classification shall not be noxious or offensive because of the emissions of odor, smoke, dust, noise, fumes, vibration or particulate matter, light or other. A specific use permit must be obtained for use of, or building on, any land which is not a permitted use in accordance with the procedure herein. Application for this permit shall be made to the city secretary. The procedure for the authorization of the use is set out in section 78-308.

(b)

Changes. Written applications for zoning changes shall be submitted with site plans drawn to scale and showing the general arrangement of the project, together with the essential requirements such as off-street parking facilities, locations of buildings, and uses to be permitted, means of ingress and egress to public streets, the type of visual screening such as walls, planting and fences, the location of adjacent residences and buildings, and the location and area of coverage of all outside lighting, especially any which might shine into an adjacent residential area, to the city secretary, who shall file and report on the same to the zoning commission. A fee in an amount as specified on the schedule of fees in the office of the city secretary must accompany all applications for change of zoning.

(c)

Notice. Written notice of all public hearings before the zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.

(Code 1985, § 31.404; Code 1989, § 19-126)

Permitted uses in district B under this division shall be:

(1)

Retail stores, personal service shop, offices, and other similar facilities.

(2)

Arts and crafts, pottery and ceramic product fabrication and sales.

(3)

Banks, including drive-in facilities.

(4)

Blueprint and printing shops.

(5)

Clinics, including small-animal veterinary clinics. Open air boarding kennels are not allowed.

(6)

Drugstores and pharmacies.

(7)

Laboratories, medical and dental.

(8)

Laundry and dry cleaning pickup stations.

(9)

Museums.

(10)

Nursery stock and garden ornament sales.

(11)

Photographers, portrait or camera shops, photofinishing and picture framing.

(12)

Rental shops, except that there shall be no rental of trucks or heavy construction equipment in connection therewith, nor shall there be any unenclosed storage of rental equipment on the premises.

(13)

Restaurants and cafeterias.

(14)

Shops for repair and servicing of bicycles, watches, clocks, electrical, radio and television appliances, keys, and similar articles.

(15)

Tailoring and custom dressmaking shops.

(16)

Testing and technical laboratories.

(17)

Such special uses as may be permitted by special permits.

(Code 1985, § 31.404; Code 1989, § 19-127; Ord. No. 493, §§ 1, 2, 6-19-1990)

In the district B general business district, buildings shall have not less than 1,500 square feet of floor area exclusive of garages, carports, and porches.

(Code 1985, § 31.404; Code 1989, § 19-128)

No building, except as authorized by a variance granted by the city council, shall exceed four stories or 70 feet in height as measured from the finished floor elevation of the first floor to the tallest point of the structure.

(Code 1985, § 31.404; Code 1989, § 19-129; Ord. No. 355, § 1, 6-17-1986; Ord. No. 656, 4-27-1998; Ord. No. 670, 11-17-1998; Ord. No. 673-A, 5-18-1999; Ord. No. 702, 4-3-2001)

Area regulations in district B under this division shall be as follows:

(1)

Front yard. Thirty feet setback except where the use sides on district A, in which case a minimum depth of 40 feet from the building line shall be provided.

(2)

Side yard. None, except when the use sides on district A, where a minimum of 30 feet shall be provided.

(3)

Rear yard. None, except when the use backs on district A, where a minimum rear yard of 30 feet shall be provided.

(4)

Lot area. All building plots shall contain a minimum of 6,000 square feet.

(5)

Open space. Off-street parking area shall be provided as follows:

a.

Office parking. One parking space for each 300 square feet of commercial floor area.

b.

Retail parking. One parking space for each 200 square feet of retail store floor area.

c.

Restaurant parking. One parking space for each 100 square feet of gross restaurant floor area.

(Code 1985, § 31.404.4; Code 1989, § 19-130; Ord. No. 334, § 1, 7-16-1985)

(a)

Moving permits. No building or structure may be moved into the district B general business district unless it complies with all regulations in the district.

(b)

Fences. A privacy fence, as a buffer between commercial and residential districts, shall be erected where the district B general business district has a common side or rear yard with district A. Said fence shall be erected before construction commences. Said fence shall be a masonry, excluding stucco, sound barrier type wall; and shall be a minimum height of six feet and a minimum thickness of one and one-half inches.

(c)

Inoperable vehicles. No inoperable vehicles or trailers of any type may be parked or stored in front of any district B general business district building, but may be parked in a town-approved enclosed storage area.

(d)

Garbage. All rubbish, trash, garbage, boxes and/or other debris must be enclosed completely in containers approved by the city at all times and never be allowed to cause an unsightly condition to exist or an odor to exist because of the storage of such trash, rubbish, garbage, or other debris.

(e)

Inspection documents. Provisions pertaining to inspection documents contained in section 14-92 must be complied with.

(f)

Building sprinkler systems. Provisions pertaining to automatic sprinklers required in buildings contained in section 14-55 must be complied with.

(g)

Portable buildings. Portable buildings are not permitted in district B general business district.

(Code 1985, § 31.404.5; Code 1989, § 19-131; Ord. No. 375, § 1, 2-17-1987; Ord. No. 451, § 1, 11-15-1988; Ord. No. 494, 6-19-1990)

(a)

A restaurant which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons.

(1)

The nonsmoking area must be clearly designated by an appropriate nonsmoking sign visible to persons within the dining area.

(2)

Suitable containers for extinguishing smoking materials shall be provided outside of the nonsmoking area.

(b)

A person commits an offense if he/she smokes or possesses a burning tobacco, weed, or other plant product, or any lighted or burning pipe, cigar, cigarette of any kind or substance in a designated nonsmoking area in a restaurant.

(Code 1989, § 19-132; Ord. No. 428, 3-15-1988)

(a)

Purpose. In light of local concerns that residences within Hollywood Park may be more fire prone because Hollywood Park is densely populated by trees and other natural foliage, at least 75 percent of materials used in the external construction and renovation of the exterior of residential and commercial structures must be fire resistant or as near to that percentage as possible.

(b)

Definition of fire-resistant materials. Construction materials are considered sufficiently "fire-resistant" when they conform to the following ratings as established by the International Code Council and National Fire Protection Association:

(1)

An hour rating of at least one hour; and

(2)

A maximum temperature rating of at least 600 degrees.

(c)

Building permits. The town's building inspector retains overall authority to approve building permits. On the single issue of fire-resistant materials, the fire chief or deputy fire marshal retain discretion to review proposed construction plans and determine whether particular building materials to be used in an individual project pose a substantial risk of unreasonably promoting the spread of fire within the specific area of construction or remodeling. The fire chief or deputy fire marshal retain the ability to determine if building materials are sufficiently fire resistant for the given location. Such materials must comply with subsection (b), the fire code, and the building code. The fire chief or deputy fire marshal shall then inform the building inspector of his/her decision.

(d)

Appeal; denial of building permit. If the building inspector denies a building permit based solely or in part because of the decision of the fire chief or deputy fire marshal regarding building materials, the fire chief or deputy fire marshal shall provide written comments and any other information necessary to explain or justify his/her decision. Comments and other information provided by the fire chief or deputy fire marshal will be submitted to the appropriate appellate authority designated by the Town of Hollywood Park Code of Ordinances to hear appeals of decisions made by the building inspector.

(e)

[New construction/renovations.] Any new construction or renovations performed after the effective date of this section must conform to the requirements of subsection (a).

(f)

[Grandfathered permits.] Building permits obtained prior to the effective date of this section shall be honored according to the law in effect at the time they were issued.

(Ord. No. 2008, § I, 4-20-2021)

(a)

Based on the demonstrated experience of other local governments, including, but not limited to, Austin, Texas, Amarillo, Texas, Beaumont, Texas, Cleburne, Texas, Dallas, Texas, Houston, Texas, Oklahoma City, Oklahoma, and Garden Grove, California, which experience the mayor and council have found to be relevant to certain problems that face the town and based on the evidence reviewed by the mayor and council prior to the consideration of the ordinance codified in this article, the mayor and council take note of the notorious and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, particularly the problems of crime, blight, and deterioration which are brought about by adult entertainment which do not vary greatly among the various communities within our country.

(b)

Among the acts of criminal behavior reported to be associated with adult entertainment are disorderly conduct, prostitution, public indecency and drug trafficking. Among the undesirable community conditions identified with the concentration of adult entertainment establishments are depreciation of property values in neighborhoods surrounding adult entertainment establishments, the loss of other business and commerce from the surrounding areas, increased expenditures for and allocation of law enforcement personnel to preserve law and order, increased burdens on the judicial system as a consequence of the criminal behavior hereinabove described, and acceleration of community blight by the concentration of adult establishments in particular areas.

(c)

Other negative effects learned about by the mayor and council are the apparent connection of these establishments to organized crime and illegal drug sales, and the potential proliferation of adult entertainment establishments after the initial siting of an adult entertainment establishment in a particular neighborhood.

(d)

The mayor and council therefore find that it is in the best interest of the health, welfare, safety and morals and preservation of the town's businesses, neighborhoods, churches, schools, and parks to prevent the adverse impact of adult entertainment establishments. Therefore, it is the purpose of this chapter to promote and protect the public health, safety, and welfare. It is not the purpose, intent or effect of this chapter to limit, restrict or regulate the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

Adult bookstore means a commercial business which has as its primary business or has as one of its principal businesses the exhibiting, offering, sale, loan, or rental of:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, drawings, or other items or devices which depict or describe specified sexual activities or specified anatomical areas, or which depict or describe acts, circumstances, events, happenings, performances or conditions intended to provide sexual stimulation or gratification to the customer, whether on or off the premises of the business; and/or

(2)

Instruments, devices, or paraphernalia which are designed or intended for use in connection with specified sexual activities, or designed or intended to provide sexual stimulation or gratification to the customer, whether on or off of the premises of the business.

Adult entertainment establishment means any establishment which operates as an adult bookstore, an adult motion picture theater, an adult motion picture mini-theater, an adult motion picture arcade, an adult video store or any other establishment having characteristics resembling any such establishment as defined herein.

Adult movie theater means a commercial business which has as its primary business or has as one of its principal businesses:

(1)

The displaying, projecting, exhibition, presentation or showing of films, motion pictures, videotapes, slides or other similar photographic reproductions to be viewed or shown on the business premises;

(2)

The images viewed or displayed are distinguished or characterized by the depicting or describing of specified sexual activities, specified anatomical areas, or are intended to provide sexual stimulation or gratification to the customer; and

(3)

Such showing:

a.

Is done on a regular or periodic basis; and/or

b.

Is advertised to the public, by sign or otherwise, directly or by inference, to contain material distinguished or characterized by the depicting or describing of specified sexual activities, specified anatomical areas, or which are designed or intended to provide sexual stimulation or gratification to the customer.

Adult theatre means a commercial business, including the theater, amphitheater, hall, concert hall, assembly hall, meeting hall, lecture hall, arena, auditorium, or other facility, which has a major aspect of its primary business or has a major aspect of one of its principal businesses the appearance, presence or performance of persons, whether in person or by mechanical or electronic means, film, motion picture, videocassette, videotape, slides or other photographic reproductions, and whether or not the persons are employees of the business:

(1)

In a state of nudity; and/or

(2)

In actions which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or are designed or intended to provide sexual stimulation or gratification to the customer.

Adult video arcade means a commercial business which has as its primary business or has as one of its principal businesses:

(1)

The providing of coin-, slug-, or token-operated electronic, electric or mechanical still or motion videotape or videocassette machines, projectors, or other image producing devices to be viewed by or displayed to five or fewer persons per machine at any one time while on the business premises; and/or

(2)

The images viewed or displayed are distinguished or characterized by the depicting or describing of specified sexual activities, specified anatomical areas, or are designed or intended to provide sexual stimulation or gratification to the customer.

Adult video store means a commercial business which has as its primary business or has as one of its principal businesses the exhibiting, offering, sale, loan, or rental of any item or device, film, motion picture, videotape or videocassette, video reproduction, slide, or other visual or audio representation which depict or describe specified sexual activities, specified anatomical areas, or which depict or describe acts, circumstances, events, happenings, performances, or conditions intended to provide sexual stimulation or gratification to the customer, whether on or off the premises of the business.

Church means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Day care center means a facility that provides care for children under 14 years of age, who are not the natural or adopted children of the owner or operator of the day care center, for less than 24 hours a day.

Person means an individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.

Primary business means:

(1)

That it is the only business or principal business of the commercial business, or that it is the intent of the owner, manager, operator or proprietor that the main aspect of the commercial business is the offering of a service or the selling, renting, or exhibiting of material, devices or any other items designed or intended to provide sexual stimulation or sexual gratification to the customer, whether such stimulation or gratification is to be accomplished on the business premises or off of the business premises or which is a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult video store or adult motel.

(2)

The intent of the owner, manager, operator, or proprietor may be shown by direct or circumstantial proof. Such intent may be presumed if the sexually oriented aspects of the business preponderates over the nonsexually oriented aspects of the business, if any. The sexually oriented aspect of the business preponderates over the nonsexually oriented aspect of the business if any one or more of the following exists:

a.

The floor space or shelf space dedicated to or used in the sexually oriented aspect of the business is more than the floor space or shelf space dedicated to or used in the nonsexually oriented aspect of the business;

b.

Sales or receipts from the sexually oriented aspect of the business are more than the sales or receipts from the nonsexually oriented aspect of the enterprise;

c.

The business advertises the sexually oriented aspect of the business more often or to a greater degree than for the nonsexually oriented aspect of the business;

d.

Customers enter the premises of the business more often for the sexually oriented aspect of the business than for the nonsexually oriented aspect of the business;

e.

More customers enter the premises of the business for the sexually oriented aspect of the business than for the nonsexually oriented aspect of the business;

f.

More persons contact the business, by phone or otherwise, for the sexually oriented aspect of the business than for the nonsexually oriented aspect of the business;

g.

There are a greater number of sexually oriented items for sale, observation or use in the business inventory than nonsexually oriented items for sale, observation or use;

h.

The reasonable cash market value of sexually oriented items in inventory and for sexually oriented services offered by the business is more than the reasonable cash market value of the nonsexually oriented items and services;

i.

The sum of prices for the sale of the items in inventory for sexually oriented items and for sexually oriented services is more than the sum of the sale or service prices of the items in inventory for nonsexually oriented items and services;

j.

The profits of the business from the sexually oriented aspect of the business are more than the profits from the nonsexually oriented aspect of the business;

k.

The business represents itself primarily as a sexually oriented business;

l.

The business displays signs or engages in advertising to the public indicating directly or indirectly that the business is principally a sexually oriented business; or

m.

The business displays signs or engages in advertising to the public emphasizing directly or indirectly the sexually oriented aspect of the business over the nonsexually oriented aspect of the business.

Public park means a large piece of ground, with grass and trees, for recreation which is open to the general public.

Public playground means an open space or courtyard for recreation which is open to the general public.

School means a building, publicly or privately owned, together with playgrounds, stadia and other structures or grounds used in conjunction for teaching or giving instruction in any subject to pupils of the school.

Sexually oriented business or service means:

(1)

An adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store; and/or

(2)

Any commercial establishment the primary business of which is the offering of a service or the selling, renting, or exhibiting of material, devices or other items designed or intended to provide sexual stimulation or gratification to the customer.

The term "sexually oriented business or service" does not include any of the commercial enterprises or businesses specifically exempted by V.T.C.A., Local Government Code § 243.004, or amendments thereto.

Specified anatomical areas means female breasts, human anus, or the human genitals, or any part thereof, whether or not in a state of sexual stimulation or arousal, and includes the covered male genitals in a discernable turgid state.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

No adult entertainment establishment shall be established or maintained within 750 feet of:

(1)

Property classified as residential, garden home or townhouse;

(2)

A day care center or other similar facility;

(3)

Any premises of a public or private school, church, public park or playground; or

(4)

Any other sexually oriented business.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

(a)

All distances shall be measured in a straight line from the nearest boundary of property so zoned to the nearest part of the building in which such use is sought to be established, if the same commercial activity occupies an entire building.

(b)

In the case of a building which is divided into separate rental or ownership spaces devoted to different uses or enterprises, measurement shall be made to such space or unit of the building in which such use is sought to be established.

(c)

In the case of a day care center or other similar facility, measurement shall be made in a straight line from the nearest boundary of the day care center or other similar facility to the nearest part of the building, space or unit of the building in which such use is sought to be established.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

(a)

In a business which is open to persons under the age of 18 years, all materials of any kind, including, but not limited to, books, magazines, videocassettes, films or photographs, which depict or describe specified sexual activities or specified anatomical areas, shall be segregated within the business to an area where persons under the age of 18 years do not have physical or visual access. A person commits an offense if he/she knowingly or recklessly allows a person under the age of 18 years in the area of the business where such materials are segregated.

(b)

A person commits an offense if he/she knowingly or recklessly allows persons under the age of 18 years in any theaters, arcades or any area within a sexually oriented business where they may observe or view any display, performance or exhibition of a movie, video, photograph or live performance which depicts or describes specified sexual activities or specified anatomical areas.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a public or private school, day care center, church, public park or playground, residential use zoning district within 750 feet of such sexually oriented business.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

Any sexually oriented business in operation as of the effective date of the ordinance from which this division is derived that is in violation of this division or that comes into violation of this division subsequent to the effective date of the ordinance from which this division is derived, except as provided for in this section, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 750 feet of one another and otherwise in a permissible location, the use which was first established and continually operated at a particular location is the conforming use and the later established use is nonconforming.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

Any nonconforming sexually oriented business which is required to be discontinued as provided for in this division may file a request for the zoning board of adjustment to review the five-year limit. The board, after a hearing, may approve an amortization plan for a period in excess of five years. The board shall establish a value for the sexually oriented business portion of the use and base its amortization period on that value, not the value of the entire business operation. Any request for a review of the five-year limit must be filed with the city council at least 30 days prior to the expiration of the five-year limit.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

In addition to the penalties provided in this chapter, the town shall have the right of injunction or other administrative or legal or equitable remedies to enforce or to prevent the violation of any section of this division.

(Code 1989, § 19-133; Ord. No. 439, § 1, 7-19-1988; Ord. No. 440, § 1, 7-19-1988)

In a district C garden home residential district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence;

(2)

Public parks and public playgrounds and noncommercial athletic uses such as jogging tracks and athletic fields;

(3)

Club facilities for use of the particular garden home development;

(4)

Temporary buildings to be used for construction purposes only; such buildings shall be immediately removed from the district by the contractor or developer upon completion or abandonment of construction work. The building inspector, in case of controversy, shall be the sole determinor of when construction is deemed to be completed or abandoned;

(5)

Field offices for the sale of real estate, provided that any such office shall be promptly removed from the district by the developer, owner, realtor or party in charge of such building upon oral or written request of the building inspector; and

(6)

Such uses as may be permitted by special permits.

(Code 1989, § 19-146; Ord. No. 384, § 1(31.403.7), 5-16-1987; Ord. No. 557, § 4, 8-17-1993)

(a)

Each garden home dwelling must be located on a separate lot and must front upon a town street.

(b)

For district C, the term "lot line," as used in the definitions of front, rear and side setbacks, shall be defined as the lot line of the dwelling unit lot, property boundary line for the garden home project, or street right-of-way boundary line, whichever yields the greatest area when calculating setback areas. The purpose of defining lot line for a district C garden home is to allow such development to combine private and communal areas.

(c)

All or part of the streets within the subdivision may be private; however, no street shall be permitted to be private unless the location is approved by the city council which approval may be denied in its sole and absolute discretion. Approval shall be evidenced by the acceptance of either a preliminary or final plat by the city council. The maintenance of any private streets shall be the responsibility of the homeowner's association, their successors or assigns, and not the responsibility of the town or the county.

(d)

Ingress and egress to the subdivision may be controlled via a gate; however, no gate shall be permitted unless the location is approved by the city council which approval may be denied in its sole and absolute discretion. Approval shall be evidenced by the acceptance of either a preliminary or final plat by the city council and any approved gate shall meet the applicable standards promulgated by the National Fire Protection Association.

(e)

Streetlights within the subdivision may be installed and maintained by the homeowners association and if so, the homeowners association shall have an ingress and egress easement of access to the lights for maintenance, repair, replacement, reconstruction or removal across any lot or contiguous lot containing a street light.

(f)

A legal instrument (a declaration of covenants, conditions and restrictions) establishing a homeowners association as well as a plan for the use and permanent maintenance of any private streets, streetlights, and the common areas/facilities shall be required for the subdivision.

(Code 1989, § 19-147; Ord. No. 384, § 1(31.403.7.2), 5-16-1987; Ord. No. 557, § 4, 8-17-1993; Ord. No. 685, § I, 1-18-2000)

The maximum height of a garden home shall not exceed 30 feet or two standard stories plus one-half story.

(Code 1989, § 19-148; Ord. No. 384, § 1(31.403.7.3), 5-16-1987)

Area regulations in district C under this division shall be as follows:

(1)

Front setback. The front setback for a residence shall be ten feet from the front property lot line for a residence. However, if the garage of the residence is front loading, then the garage section of the residence shall be no closer than 24 feet from the back of the front property lot line. A side-loading garage shall be no closer than 15 feet from the front property line.

(2)

Side setbacks.

a.

Standard lot line subdivisions. The side setback for a residence within a standard lot line subdivision shall be five feet for each side yard provided; however, the setback on a side yard adjacent to a street shall be a minimum of ten feet.

b.

Zero lot line subdivisions. The side setback for a residence within a zero lot line subdivision shall be zero feet on the zero lot line side (as designated on the subdivision plat) and ten feet on the nonzero lot line side. The combined side yards for each lot shall be not less than ten feet. No structure shall be built on a lot nearer than ten feet to an existing structure on an adjacent lot or nearer than ten feet from an adjacent street right-of-way line.

(3)

Rear setbacks. The minimum rear setback shall be ten feet to the curbline or the property line; however, if the garage of a residence is rear loading, then the garage section of the residence shall be no closer than 20 feet from the curbline or the property line.

(4)

Site size. No site for a district C garden home residential district shall contain less than five contiguous acres.

(5)

Building density. No garden home development shall exceed a density of more than eight units per gross acre.

(6)

Adjoining districts. The minimum distance between a residential dwelling in a district C garden home district and a property line adjoining the district A single-family residential district is ten feet.

(7)

Living space. The minimum living area requirement for each individual garden home dwelling shall be not less than 1,600 square feet of heated and air-conditioned living space.

(8)

Parking spaces. Off-street, all-weather, paved parking shall be provided on the basis of three spaces per unit. Parking spaces must be at least nine feet by 18 feet. A garage and carport or other automobile storage area and their drive approaches shall qualify as off-street parking if they meet these minimum area requirements.

(9)

Streets. All public streets shall have a minimum width of 24 feet of all-weather, hard surface and a right-of-way with a minimum of 26 feet. They shall be in compliance with all other applicable provisions of this chapter that are not inconsistent with this provision, in which case, the provision of this section shall control.

(10)

Poles and hydrants. Utility poles and fire hydrants shall be located a minimum of three feet from the curbline on the off-street side of the curbline.

(11)

Maintenance easements. Five-foot wide maintenance easements are established within the lots adjacent to all zero lot lines and such easements shall extend for the depth of the lot.

(Code 1989, § 19-149; Ord. No. 384, § 1(31.403.7.4), 5-16-1987; Ord. No. 557, § 4, 8-17-1993; Ord. No. 597, 9-27-1994; Ord. No. 685, § I, 1-18-2000; Ord. No. 803, § 1, 8-9-2005)

(a)

Compliance. The construction of a garden home dwelling shall comply with all applicable provisions of this Code and, where not in conflict with Code provisions and ordinances, the applicable standards promulgated by the National Fire Protection Association.

(b)

Roofs. All garden home roofs shall be constructed with fire resistant and/or retardant material or treated to make such roofs fire resistant and/or fire retardant. Any such roof construction and/or treatment shall comply with applicable Code provisions and, where not in conflict or inconsistent with Code provisions, the current standards promulgated by the National Fire Protection Association.

(c)

Proximity of hydrants. No garden home dwelling shall be more than 400 feet from a fire hydrant.

(d)

Fences. A garden home fence constructed in the required front setback area shall not be higher than two feet above lot grade.

(1)

Side or rear yard perimeter or interior fences are permitted providing that they, as well as the front yard fence, are constructed of wood, concrete, brick, galvanized chainlink or other materials approved by the building inspector. In no event shall the side or rear yard perimeter or interior fence exceed six feet in height above lot grade except where a district C garden home district adjoins the district B general business district in which case no side or rear yard perimeter or interior fence shall exceed eight feet in height above the lot grade.

(2)

On a corner lot, no fence, vegetation, shrubbery, trees or other obstruction whose height is greater than 24 inches, or which blocks, or tends to block the sight of motorists, shall be allowed within the triangular area formed by the intersecting street lines extending along the nearest boundaries of the street right-of-way and a straight line connecting each street line at a point 15 feet from the point of intersection measured along such lines. Existing trees may remain but must have their lower branches removed from ground level up to at least a height of six feet.

(e)

Accessory buildings. Accessory/portable buildings are allowed in district C provided that no such accessory/portable building shall be located forward of the rear building line of the dwelling nor closer than ten feet to any property line, with the exception of garages, which may be constructed on or near a zero lot line.

(f)

Oversized vehicles. No oversized vehicles shall be allowed to park in excess of 24 hours on public parking areas. No construction-type vehicles, except those used for on-site construction of the particular garden home project, are permitted to park in district C under this division.

(g)

Junked and abandoned motor vehicles. The provisions of section 30-192 et seq., are applicable to the district C garden home residential district.

(h)

Home occupations. Those home occupations as authorized by section 78-134 are permitted in the district C garden home residential district.

(i)

Drainage. The drainage plan for the district C garden home residential district shall be presented at the planning stage to the city engineer for his/her review and approval. No construction shall be commenced in the district C garden home residential district until the city engineer has given his/her written approval of the drainage plan for the district.

(Code 1989, § 19-150; Ord. No. 384, § 1(31.403.7.5), 5-16-1987; Ord. No. 557, § 4, 8-17-1993; Ord. No. 685, § I, 1-18-2000)

(a)

Purpose. In light of local concerns that residences within Hollywood Park may be more fire prone because Hollywood Park is densely populated by trees and other natural foliage, at least 75 percent of materials used in the external construction and renovation of the exterior of residential and commercial structures must be fire resistant or as near to that percentage as possible.

(b)

Definition of fire-resistant materials. Construction materials are considered sufficiently "fire-resistant" when they conform to the following ratings as established by the International Code Council and National Fire Protection Association:

(1)

An hour rating of at least one hour; and

(2)

A maximum temperature rating of at least 600 degrees.

(c)

Building permits. The town's building inspector retains overall authority to approve building permits. On the single issue of fire-resistant materials, the fire chief or deputy fire marshal retain discretion to review proposed construction plans and determine whether particular building materials to be used in an individual project pose a substantial risk of unreasonably promoting the spread of fire within the specific area of construction or remodeling. The fire chief or deputy fire marshal retain the ability to determine if building materials are sufficiently fire resistant for the given location. Such materials must comply with subsection (b), the Fire Code, and the Building Code. The fire chief or deputy fire marshal shall then inform the building inspector of his/her decision.

(d)

Appeal; denial of building permit. If the building inspector denies a building permit based solely or in part because of the decision of the fire chief or deputy fire marshal regarding building materials, the fire chief or deputy fire marshal shall provide written comments and any other information necessary to explain or justify his/her decision. Comments and other information provided by the fire chief or deputy fire marshal will be submitted to the appropriate appellate authority designated by the Town of Hollywood Park Code of Ordinances to hear appeals of decisions made by the building inspector.

(e)

[New construction/renovations.] Any new construction or renovations performed after the effective date of this section must conform to the requirements of subsection (a).

(f)

[Grandfathered permits.] Building permits obtained prior to the effective date of this section shall be honored according to the law in effect at the time they were issued.

(Ord. No. 2008, § I, 4-20-2021)