The city is hereby divided into two districts:

(1)

District R single-family residential district.

(2)

District B business district.

(Ord. No. 340, § 2, 5-20-1980)

(a)

The boundaries of the two districts of the city are defined and established as depicted on the map entitled, "Official Zoning Map of the City of Hunters Creek Village, Texas" which is an integral part of this chapter. The official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bear the following: "This is to certify that this is the official zoning map of the City of Hunters Creek Village, Texas adopted on the 20th day of May, 1980." If in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made to the official zoning map after amendment has been approved by the city council, together with an entry on the official zoning map as follows: "On _____ day of _______, ___, by official action of the city council of the City of Hunters Creek Village, the following change(s) were made: (brief description with reference number for amending ordinance)."

(b)

The official zoning map shall be maintained and kept up-to-date in the office of the city secretary, shall be accessible to the public, and shall be the final authority as to the current zoning status of properties in the city, except to the extent it fails to record a change implemented by a validly enacted ordinance. If the official zoning map becomes damaged, destroyed, lost, obsolete or difficult to interpret because of the nature of number of changes made thereto, the city council may, by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The revised zoning map, shall be identified by the signature of the mayor, attested by the city secretary and bear the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in the ordinance of the City of Hunters Creek Village, adopted on _____ day of _______, ___, which replaces and supersedes the official zoning map which was adopted on May 20, 1980."

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where the district boundaries are indicated as approximately following the centerlines of streets or street right-of-way lines, such centerlines or street right-of-way lines shall be construed to be such boundaries.

(2)

Where the district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3)

Where district boundaries are indicated as approximately parallel to street centerlines or street right-of-way lines, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on such zoning map.

(4)

In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on such map.

(5)

Whenever any street is vacated by official action of the city council, the zoning district adjoining each side of such street shall be automatically extended to the centerline of the property thus vacated and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

(6)

Where streets or other landmarks on the ground differ from the streets or landmarks as shown on the zoning map, the streets or landmarks on the ground shall control.

(Ord. No. 340, § 4, 5-20-1980)

Compliance to the following regulations are required, except as hereinafter specifically provided:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

(4)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

(5)

No building shall be erected or structurally altered to the extent specifically provided for herein except in conformity with the off-street parking and loading provisions for the district in which such building is located.

(6)

The minimum yards, parking spaces and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

(7)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and, except as hereinafter provided, there shall not be more than one main building on one lot.

The entire area of any improved lot or tract within the city shall be drained in such a manner as to carry off all stormwater to a public right-of-way, drainage ditch or storm sewer.

(Ord. No. 340, § 8, 5-20-1980)

Buildings and premises in district R shall be used for the following purposes:

(1)

Single-family dwellings, whether owner occupied or leased or rented, provided that:

a.

The lease or rental of a single-family dwelling for any term of less than 30 consecutive days is prohibited, except as provided below; and

b.

The above prohibition shall not apply to a leaseback agreement between a seller and a purchaser or to the extension of an existing lease.

Pre-existing non-conforming uses. Any pre-existing use of a single-family dwelling that would otherwise be prohibited by this section may continue as provided in section 44-221.

(2)

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.

(3)

Accessory buildings and other structures customarily incident to the above uses, located on the same lot or tract, and, except as provided below, not involving the conduct of a business, trade or profession. No billboard, signboard, advertising sign or any other form of posted notice shall be permitted as an accessory use, except as provided below.

a.

No billboard, signboard, advertising sign, or other form of posted notice shall be located upon a city street or right-of-way.

b.

No billboard, signboard, advertising sign, or other form of posted notice shall be illuminated or contain any moving parts, except as specifically provided below.

c.

A billboard, signboard, advertising sign or any other form of posted notice that is permitted as provided below may be single or double-faced.

d.

The following signs shall be permitted.

1.

Real estate signs. A single "for sale" or "for lease" sign may be displayed on the lot or tract to which the sign refers. No sign face shall exceed six square feet in area, and the sign, including any part of its structure, shall not exceed five feet in height.

2.

Contractor signs. A single sign containing information on a contractor that is currently performing work on a lot or tract may be displayed on the lot or tract where the work is being performed. No sign face shall exceed six square feet in area, and the sign shall be removed immediately upon completion of the work.

3.

Institutional signs. Churches and other institutions may display one or more signs containing information on the church or institution's name, and the activities and services provided on the premises where the signs are displayed. No sign face shall exceed eight square feet in area. The signs may be illuminated, provided that the intensity and direction of the illumination is reasonably controlled to avoid undue interference with the use of neighboring residential properties. Larger signs may be allowed only by specific use permit.

4.

Private security signs. A single sign announcing that a residence is protected by a private security company may be displayed. No sign face shall exceed two square feet in area.

5.

Alarm or security system signs. A single sign announcing that a residence has a burglar alarm or other security system installed may be displayed. No sign face shall exceed two square feet in area.

6.

Political signs. One or more temporary signs used in connection with political campaigns may be displayed, provided such signs are removed within five days following the conclusion of such campaign. No sign face shall exceed 36 square feet in area and no sign shall exceed eight feet in height.

7.

Required signs. Any sign required by the city or any other governmental authority with jurisdiction over the property.

(4)

To be permitted as accessory structures or uses, an unlighted outdoor tennis court or game court must be setback at least 25 feet from the nearest lot line; lighted outdoor tennis courts and game courts must be setback at least 100 feet from the nearest lot line. No more than one tennis court or game court shall be permitted on a lot. Any tennis court or game court shall be buffered by shrubbery or otherwise so as to minimize noise from activities on such court.

(5)

Swimming pools.

a.

Generally. An outdoor swimming pool shall be permitted as an accessory use or structure provided that it meets the following requirements:

1.

It must be located in the back or side yard;

2.

It must be set back a minimum of ten feet from the rear lot line, unless the rear lot line of the subject lot abuts the side lot line of another lot, in which case the pool must be set back a minimum of 15 feet from the rear lot line; and

3.

It must be set back a minimum 15 feet from any side lot line.

b.

Exception for non-conforming lots. For lots that qualify for reduced minimum side yard requirements, under section 44-218, the minimum setback from the side lot line for a swimming pool shall be the same as the side yard setback for the main residence.

c.

Special exceptions. The board of adjustment may grant a special exception reducing the minimum set back distance to no less than five feet for nonconforming lots as defined in section 44-218(b)(1)b. of this chapter.

1.

In order to grant a special exception, the board must find that because the subject lot is of such unusual size or shape, or because it has valuable trees located in the rear or side yards, it would be impractical to locate a reasonably sized pool on the lot without either reducing the minimum setbacks or removing valuable trees.

2.

The board must also find that the granting of a special exception permitting a reduced setback would not be unduly harmful to the owners of the lot or lots abutting the side of the subject lot for which a reduced setback is required. In making such determination the board may consider the location and orientation of any existing improvements on the subject lot and any abutting lots.

3.

The board may condition the granting of a special exception as necessary to protect the interests of abutting property owners and to further the intent of the setback requirements. Conditions may include:

i.

Requiring the applicant to design the pool or related improvements to minimize the impact of its location or use on neighboring property owners;

ii.

Requiring the applicant to take necessary measures to protect and maintain any valuable trees that served as a basis for granting the special exception; and/or

iii.

Such other conditions as the board deems necessary.

(6)

Parks, playgrounds, recreational facilities, public services and fire and police services owned by the city or by a public entity acting at the request of the city.

(7)

Uses permitted by specific use permit:

a.

Personal wireless service facilities.

1.

Facilities for the provision of personal wireless service, including structures commonly known as cellular towers, and ancillary buildings, equipment and related structures may be allowed in this district following approval of a specific use permit by city council. Provided, however, that no specific use permit for a personal wireless services facility shall be approved if:

i.

The proposed facility would adversely affect the residential integrity or safety of adjacent or area neighborhoods; or

ii.

The proposed facility would create visual blight; or

iii.

The proposed facility would create noise or light pollution; or

iv.

The proposed facility would create a nuisance to adjacent or area properties.

2.

Further, in order to obtain a specific use permit for a personal wireless service facility, the applicant must establish that:

i.

The applicant cannot provide service to the city from other available locations or existing facilities; and

ii.

The proposed facility would utilize state of the art technology to achieve its objectives; and

iii.

The proposed facility would comply with all safety standards promulgated by the Federal Communications Commission or other agency having jurisdiction thereover.

b.

Private recreation club.

c.

Public schools. Subject to appropriate safeguards and conditions.

d.

Utility substations and pump stations designed to serve some portion of the city. Subject to appropriate safeguards and conditions.

e.

Churches: provided, however, a church shall only be permitted on a tract of land of five acres or more and shall have adequate parking to provide one parking space on church property for each two members or for each two additional members or guests." Subject to appropriate safeguards and conditions.

(Ord. No. 340, § 6-1, 5-20-1980; Ord. No. 431, § 1, 1-26-1988; Ord. No. 573, 5-16-2000; Ord. No. 717, § 1, 3-25-2008; Ord. No. 729, § 1, 11-18-2008; Ord. No. 2015-869, § 1, 10-25-2016; Ord. No. 2022-922, § 1, 5-24-2022; Ord. No. 2022-924, §§ 1, 2, 8-23-2022)

Editor's note— Ord. No. 2016-869, § 1, adopted October 25, 2016, repealed § 44-158. Former § 44-158 pertained to special exceptions to use regulations and derived from Ord. No. 340, adopted May 20, 1980.

(a)

Definitions. When used in this section 44-159, the following special definitions shall apply:

Permitted building area means the portion of a lot other than the required front, rear and side yards; and

Open-air structure means a trampoline, batting cage, swing set, pergola, trellis or other structure that does not have a roof or cover (whether of metal, wood, canvas or other material) that is impermeable to the sun or rain.

(b)

The main residence and other structures located in the permitted building area. The maximum height for the main residence and any other structures located in the permitted building area and on a lot less than 40,000 square feet in size is 35 feet. The maximum height for the main residence and any other structures located in the permitted building area and on a lot 40,000 square feet or greater in size is 38 feet, provided that the required side yards and required rear yard shall be increased by an additional five feet if the height exceeds 35 feet. For purpose of applying the limitations in this subsection (b), the height of a structure shall be measured from the top of the slab. The top of slab may be up to 24 inches higher than required by all other applicable codes without affecting the maximum allowed height. For any slab height exceeding 24 inches above what would otherwise be required, the maximum allowed height of the structure shall be diminished by the amount that the slab height exceeds 24 inches above what would otherwise be required. The structure height limitation provided in this section shall not apply to church steeples. Aerial antennas shall not exceed a height of 45 feet as measured from the top of slab.

(c)

Structures that are constructed or placed within a required rear or side yard. Except for detached garages in compliance with Section 44-161(2)a., fences in compliance with section 44-163 and dish antenna in compliance with section 44-164, the maximum height for any structure that is constructed or placed in a required rear or side yard shall be determined as follows.

(1)

The maximum height is eight feet for structures that are located more than five feet but less than ten feet from the rear or side property lines.

(2)

The maximum height is ten feet for structures that are located ten feet or more but less than 15 feet from the rear or side property lines.

(3)

The maximum height is 15 feet for structures that are located 15 feet or more from the rear and side property lines.

(4)

Notwithstanding section (1) above, the maximum height is ten feet for any open-air structure located more than five feet but less than 15 feet from the rear or side property lines.

(5)

Notwithstanding sections (1), (2) and (4) above, the maximum height is 14 feet for any trampoline or batting cage located less than 15 feet from the rear or side property lines.

(6)

For purpose of applying the limitations in this subsection (c), the height of a structure shall be measured from the natural ground level where it is located and shall exclude chimneys.

(d)

Structures in front yard. Except for signs in compliance with section 44-157(3) and fences in compliance with section 44-163. No structure, regardless of height, shall be constructed or placed in front of the front line of the residence.

(Ord. No. 340, § 6-3, 5-20-1980; Ord. No. 657, § 2, 2-21-2006; Ord. No. 2018-884, § 1, 2-27-2018)

The following area regulations shall apply in district R:

(1)

Size of lot.

a.

Lot area. No building shall be constructed on any lot that is less than 22,500 square feet in area. The area of the lot, expressed in square feet, shall not include any portion of the public right-of-way or any private road easement.

b.

Lot width. The width of the lot shall be not less than 75 feet at the front building line, nor shall its average width be less than 75 feet.

c.

Lot depth. The average depth of the lot shall not be less than 120 feet.

d.

Exceptions. Where a lot having less area, width or depth than herein required existed in separate ownership of record on March 25, 1955, the regulations relating to the size of the lot in this section shall not prohibit the erection of a single-family dwelling thereon.

(2)

Size of yards.

a.

Front yard. There shall be a front yard having a depth of not less than 50 feet.

Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. For computation of front yard depth, the building shall not be less than 70 feet minimum from the building to the center of the street, whether public or private, and not less than 50 feet from the edge of the street easement or right-of-way; provided, however, that a front yard on a turn circle shall have a front yard depth not less than 35 feet from the street right-of-way line and not less than 70 feet from the center of a turn circle. Where lots are located at the corner of two streets the required front yard shall be provided on one of the two streets. Once a front yard has been established for a particular lot, it may not be changed unless the Planning & Zoning Commission approves a replat of the lot that establishes a front building line reflecting the desired change. For purpose of this section a front yard is established if:

i)

A front building line is designated on a subdivision plat; or

ii)

A residence has been constructed on the lot.

b.

Side yard. There shall be two side yards on each lot, having a combined width of not less than 35 feet; neither of such side yards shall be less than 15 feet in width. A side yard adjacent to a side street shall not be less than 20 feet in width.

c.

Rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(3)

Size of building.

a.

Building area. The building area, exclusive of outdoor swimming pools, shall not exceed 25 percent of the lot area. Tennis courts, paddle ball and game courts are included in the computation of building area.

b.

Dwelling area. Each single-family dwelling must be so designed and constructed that it shall have a minimum space of enclosed living area of 2,000 square feet, exclusive of porches and automobile shelters. At least 1,500 square feet of such enclosed living area shall be contained on the ground floor. Living area shall be computed from the exterior wall surface.

(Ord. No. 340, § 6-4, 5-20-1980; Ord. No. 666, § 1, 4-18-2006; Ord. No. 824, § 1, 4-22-2014; Ord. No. 825, § 1, 4-22-2014)

(a)

A porte cochere, as defined in this chapter, may extend into a required side yard if it meets all of the following conditions:

(1)

It must extend no closer than ten feet to the nearest side property line;

(2)

It must be ten feet or less in height;

(3)

It must be located at least 15 feet behind the front line of the residence to which it is attached;

(4)

The structure shall be attached to the residence on only one side, and all sides of the structure, other than the side attached to the residence, must be at least 90 percent open to view; and

(5)

It must be constructed of like kind materials of the residence to which it is attached.

(b)

The area covered by the roof of a porte cochere shall be included in the computation of the building area for purpose of applying the applicable limits on total building area.

(Ord. No. 2021-915, § 2, 4-27-2021)

The following shall apply to automobile shelters in district R:

(1)

Generally. Every single-family dwelling must have at least a 200 square foot garage; or a 200 square foot carport and a 100 square foot completely enclosed storage room with an outside door.

(2)

Setbacks. Subject to the following exceptions, all automobile shelters must meet the setback requirements of the dwelling; and the opening of the automobile shelter shall face the rear of the lot, provided, however:

a.

Reduced setbacks for certain detached garages. A garage, if not attached to the dwelling other than by a breezeway, may be located not closer than five feet from the rear lot line and not closer than five feet distance from the side lot line unless such line abuts a street, in which event the garage shall be located at least 20 feet from such side street line. In order to qualify for the reduced side and rear setbacks, a detached garage must:

1.

Be 25 feet or less, in height;

2.

Be 600 square feet or less in area; and

3.

Have no windows that:

(i)

Face toward the rear lot line or any side lot line that is less than 15 feet from any portion of the garage; or

(ii)

Are more than ten feet higher than the finished floor of the garage.

b.

Front facing garages allowed in certain circumstances. An automobile shelter opening may face toward the front street provided such opening is at least 50 feet to the rear of the front line of the dwelling.

c.

Side facing garages allowed in certain circumstances. An automobile shelter opening may face toward the side line of the lot, provided that:

1.

Such opening will not face a street;

2.

The front edge of such opening will not be forward of the front line of the residence;

3.

Such opening will be at least 28 feet from the side lot line.

d.

Garages facing side streets allowed in certain circumstances:

1.

An automobile shelter may face toward a side street if it is set back from the side lot line that abuts the side street, by at least the same minimum distance that would have been required for an automobile shelter on the same lot that faced the front street. For example, if the front line of a dwelling is set back 30 feet from the front lot line, the minimum setback for a garage opening that faces the front street or a side street would be 80 feet from the applicable lot line (30 + 50). Similarly, if the front line of a dwelling is set back 50 feet from the front lot line, the minimum setback for a garage opening that faces the front street or a side street would be 100 feet from the applicable lot line (50 + 50).

2.

For lots that have side property lines adjacent to Voss or Memorial, and that are in compliance with section 44-163(4), the minimum setback for an automobile shelter opening that faces Voss or Memorial shall be 28 feet from the side lot line.

(3)

Limitations on driveways entering Memorial or Voss. No driveway shall have entry onto Memorial Drive or Voss Road if the lot or tract upon which the driveway is located has access or is contiguous to another street within the city.

(Ord. No. 340, § 6-5, 5-20-1980; Ord. No. 659, § 1, 12-20-2005; Ord. No. 764, § 1, 1-25-2011; Ord. No. 828, § 1, 5-27-2014; Ord. No. 2015-848, § 1, 9-22-2015; Ord. No. 2018-887, § 2, 5-22-2018; Ord. No. 2022-923, § 1, 5-24-2022)

The following shall apply to accessory structures, except as specifically permitted by this chapter:

(1)

No accessory structure or basketball goal shall be erected in front of the front line of the residence.

(2)

No separate accessory structure or automobile shelter shall be erected within five feet of any property line or other building.

(3)

Any servants' quarters or structure containing living space must comply with building line setbacks of the main structure.

(4)

No accessory structure may exceed the height limitations specified in section 44-159. A detached garage may include habitable space, not including kitchen facilities, above the first floor, if the detached garage complies with the same yard, setback, and other location requirements as the main residence.

(5)

An accessory structure is permitted in a required side or rear yard only if the accessory structure is not attached to the dwelling.

(Ord. No. 340, § 6-6, 5-20-1980; Ord. No. 768, § 1, 5-22-2012; Ord. No. 2018-884, § 3, 2-27-2018)

The following fence and wall requirements apply to district R:

(1)

Perimeter fences generally. Fences shall be generally permitted on the perimeter of the property involved subject to the limitations in subsections (2) through (13) of this section.

(2)

Fences in front of front building line. No fences or wall shall be permitted in front of the front building line of the property involved unless the front yard is contiguous to Voss Road or Memorial Drive.

(3)

Height limitations generally. No fence or wall shall exceed eight feet from the top of the natural grade of the property, except along Voss Road or Memorial Drive or as specifically provided below.

a.

Columns and finials. Except as otherwise provided, columns, finials, and other similar decorative elements shall not be included in the measurement of the height of a fence or wall for purpose of applying the limitation on maximum height, provided that:

1.

The total height of each individual column, finial or other decorative element does not exceed 12 inches from the top of the fence or wall; and

2.

No portion of any individual column, finial or decorative element exceeds 24 inches in width, and the columns, finials, or other decorative elements are either spaced at least four feet apart or separated by the width of a gate opening.

b.

Gates. The top of a gate may be up to 12 inches higher than the allowed height of the fence or wall.

c.

Wing walls. A wall that extends out from, and parallel to the front wall of the main residential structure may exceed eight feet in height provided that:

1.

The wall is constructed of the same materials as, and is identical in appearance to, the front wall of the main structure;

2.

The wall, exclusive of finials and other decorative elements, does not exceed one-third of the height of the main residence; and

3.

Any portions of the wall that exceed eight feet in height do not extend into any required side yards.

(4)

Special rules for walls on rear or side property lines facing Voss or Memorial. A wall of a minimum of seven feet in height shall be required along the rear or side property line where the rear or side line of the property involved is adjacent to Voss Road or Memorial Drive. Such wall along Voss Road or Memorial Drive shall be not less than seven feet nor more than nine feet from the top of the natural grade of the property. Piers, pillars or columns used for such wall supports or architectural enhancement shall be allowed to exceed the nine feet allowable height, but shall not be used to violate the nine-foot maximum allowable height specified in this chapter. Where a curb-and-guttered street is adjacent to the wall or property line, the height restriction shall, however, be measured for the purposes of this chapter from the top of natural grade or the top of the abutting curb, whichever is higher. Any rear or side property line wall along Voss Road or Memorial Drive shall be masonry. For purposes of this subsection and subsections (5), (9), (10) and (11) below, masonry shall mean (i) clay brick, stone, rock, concrete block with decorative finish, or other materials of equal characteristics, which in each case in this clause (a) is laid up unit by unit set in mortar or installed in a manner to resemble such look and (b) is at least three and five-eighths inch thick; or (ii) precast concrete wall panels set between precast concrete or masonry columns if the precast concrete wall panels have a decorative finish that resembles masonry and are at least three and five-eighths inch thick.

(5)

Special rules for fences and walls on or behind front property lines facing Voss or Memorial. A fence or wall shall be permitted, subject to the following limitations, along or behind the front property line of any property fronting on Voss Road or Memorial Drive. Such fence may be of wrought iron only, or wall may be masonry only. There shall be applicable the height limitations and the same requirements outlined above for side and rear fences or walls, with the exception that no minimum requirements for fence or wall height shall be applicable.

(6)

Special setback requirements for gates along Voss and Memorial. Each gate of any entrance drive or driveway off Voss Road or Memorial Drive shall setback a minimum of 20 feet from the back of curb or pavement edge to the gate location in order to afford a vehicle standing area within such drive or driveway off the main travel lanes on Voss Road or Memorial Drive, as the case may be.

(7)

Setback at street intersections. Any fence or wall located at any street intersection shall be setback or stepped down to afford full sight distance at the intersection involved.

(8)

General intent of the regulations. The overall intent of this section is to allow property owners to fence or wall their properties from and including the front building line to and around the back yard, with the exception in the case of any property fronting on Voss Road or Memorial Drive hereinabove specified. The intent of the provisions relating to any property along Voss Road or Memorial Drive is to promote safety of the residents and the traveling public, property protection and to reduce noise along Voss Road or Memorial Drive.

(9)

Front facing fences. No fence or wall shall be permitted in front of a residence except as provided above for properties fronting on Voss or Memorial, or as provided below for other properties.

a.

Exception for driveway enclosures. A fence or wall shall be permitted along or behind the front building line, regardless of where the residence is located on the lot if:

1.

The fence or wall is used for the purpose of enclosing a driveway;

2.

The portion of the fence that faces the front building line is 30 feet or less in length; and

3.

The fence or wall is constructed of wrought iron or its equivalent or wood or masonry.

b.

Exception for courtyard walls. A fence or wall shall be permitted along or behind the front building line, and in front of the residence, if:

1.

The fence or wall is used for the purpose of enclosing a courtyard, patio or similar area in front of the residence;

2.

The fence or wall is no wider than the front of the residence and is connected to the residence at both ends; and

3.

The fence or wall is constructed of:

(i)

Materials that are either identical to the materials of which the front of the residence is constructed or substantially similar in appearance to those materials; or

(ii)

Masonry or wrought iron or its equivalent.

4.

A fence or wall that meets the requirements of this subsection (9)b. may exceed eight feet in height but may not exceed the maximum height limitations for buildings in district R.

5.

The area enclosed by the fence or wall shall be included as building area for the purpose of calculating the maximum building area under section 44-160(3)a.

(10)

Special rules for fences or walls crossing gullies. Any fence or wall crossing a bayou, ravine, gully or naturally hilly area shall have the height interpreted by the city engineer to meet the intent of this chapter. Material selection for the fence or wall crossing a bayou, ravine, or gully may be wood, masonry, brick or wrought iron as approved by the city engineer, as long as the natural flow of the drainage area is not impeded. If the interpretation by the city engineer under this subsection (10) is not acceptable to the owner, such owner may appeal such decision to the board of adjustment for a final determination.

(11)

Engineering requirements for certain fences or walls. Any masonry fence or wall more than seven feet in height shall require a geotechnical report and the foundation designed by a state-registered professional engineer. In lieu of the above requirements a standard minimum design will be available at the offices of the city.

(12)

Special rules for preserving trees. Controlling over any provisions of this chapter to the contrary, wrought iron and wood sections of any fence or wall shall be permitted to the extent necessary to avoid removing trees.

(13)

Construction and maintenance standards. Any fence or wall required or permitted under this chapter shall be constructed, repaired, maintained and replaced in order to be in a good, safe, and nonhazardous condition at the risk, cost, and expense of the owner of the property involved.

(Ord. No. 482, § 1, 10-20-1992; Ord. No. 660, § 1, 1-17-2006; Ord. No. 667, § 1, 4-18-2006; Ord. No. 728, §§ 1—4, 11-18-2008; Ord. No. 2016-863, § 1, 6-28-2016; Ord. No. 2025-964, § 2, 10-28-2025)

Dish antennas, in district R, greater than three feet in diameter are permitted as accessory structures subject to the following provisions. Dish antennas three feet or less in diameter are not subject to the provisions of this section.

(1)

Except as otherwise provided in this section, a dish antenna shall not be located in a front yard, in an easement or within 25 feet of a property line.

(2)

Except as otherwise provided in this section, a dish antenna shall not exceed ten feet in height.

(3)

A dish antenna or its support structure shall be installed on a concrete foundation. A dish antenna may not be located on the roof of a structure.

(4)

A dish antenna constructed of mesh material, so that no more than 40 percent of its total area, excluding support structures, is solid, may be located in a rear or side yard, not within an easement, no closer than five feet to a property line and may not exceed 15 feet in height.

(Ord. No. 404, 2-18-1986)

(a)

Authorization. Home occupations shall be permitted in district R, single-family residential, provided such home occupation is incidental and subordinate to the use of the premises for single-family residential purposes and in compliance with the provisions of this section.

(b)

Purpose. To ensure the protection and preservation of the residential character of district R. and to ensure that home occupations do not interfere with the peace and enjoyment of surrounding homes as places of residence, the following regulations are applicable to the conduct of home occupations:

(1)

No home occupation shall result in an increase in the number of motor vehicles parking or traveling to and from the applicable dwelling over that which is customary in a single-family residential neighborhood.

(2)

No stock in trade shall be stored, displayed or sold on the premises.

(3)

Only members of the family residing on the premises shall be employed in the home occupation.

(4)

No mechanical, explosive, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the dwelling or any accessory structure shall be used.

(5)

Outdoor storage of equipment or material shall be prohibited.

(6)

The home occupation shall be conducted entirely within the main dwelling unit and the conduct of the home occupation shall not be visible from any street or adjacent property, public or private.

(7)

No internal or external alterations, special construction, or other similar feature shall be added to the main dwelling unit.

(8)

No sign or advertising of any type shall be permitted on the premises or by published or printed matter, except as follows:

a.

Word of mouth by telephone or face-to-face;

b.

Listing in telephone directories and business journals and directories; and

c.

Business cards, stationery, and websites.

(c)

Home occupations permitted. Subject to the foregoing limitations, examples of permitted home occupations include:

(1)

Artist, writer or craftsman's studio;

(2)

Dressmaking;

(3)

Professional practices (such as computer programming, engineering, legal counseling, accounting and court reporting);

(4)

Music teaching and tutoring of no more than two pupils at one time;

(5)

Babysitting or limited child care for not more than three children unrelated to the person providing the child care.

(Ord. No. 677, § 1, 1-16-2007)

(a)

Generally. Electric generators may be installed and maintained in District R for the purpose of providing electric power during time periods when normal electric service is unavailable.

(b)

Location.

(1)

Generators are not required to meet the building setback requirements applicable to accessory structures except as provided below.

(2)

No generator shall be located in a front yard or in front of the front line of any residence.

(c)

Operation. No generator shall be operated except:

(1)

When necessary to provide electric power during time periods when normal electric service is unavailable; or

(2)

When necessary for maintenance or repair.

(d)

Manufacturer's recommendations. All generators must be installed and operated in compliance with the applicable manufacturer's recommendations.

(e)

Enclosures. Any structure intended to enclose or screen a generator, other than a structure designed solely for sound attenuation, shall be considered an accessory structure and must comply with all requirements of this division applicable to accessory structures.

(f)

Sound attenuation. All generators shall be installed, maintained, and operated in such manner as to reduce, to the greatest extent reasonably possible, the volume of sound produced by their operation.

(Ord. No. 733, § 1, 1-20-2009)

(a)

Definitions. For the purposes of this section, the following words and phrases shall have the meanings ascribed to them below:

(1)

Solar energy device means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power. The term shall not include individually powered outdoor solar lights, such as garden lights, accent lights, security lights, or flood lights.

(b)

All solar energy devices and the installation of solar energy devices shall comply with all provisions of the city's Code of Ordinances, including any provisions of this chapter of general application, building codes and tree regulations, and shall be installed only after issuance of a building permit.

(c)

No solar energy device shall be located in an area on any lot other than (i) mounted on the roof of the dwelling or any accessory building permitted by this chapter ("roof-mounted solar energy device"); or (ii) mounted on the ground in a fenced yard or patio ("ground-mounted solar energy device").

(d)

Roof-mounted solar energy devices shall:

(1)

Not extend higher than or beyond the roofline;

(2)

Have a top edge that is parallel to the roof ridge and shall conform to the slope of the roof; and

(3)

Be fabricated in such a manner that the frame, support brackets and all visible piping or wiring shall be in a silver, bronze, or black tone commonly available in the marketplace. Piping and wiring shall match the roof color.

(e)

Ground-mounted solar energy devices shall:

(1)

Be mounted on the ground in a yard or patio that is surrounded on all sides by either (i) a fence in compliance with section 44-163; or (ii) the external wall of a dwelling or accessory building permitted by this chapter;

(2)

Comply with the provisions of section 44-159, section 44-160, and section 44-162 generally applicable to accessory buildings; and

(3)

Not be taller than the fence line.

(Ord. No. 2024-951, § 3, 10-22-2024)

The following use regulations shall apply in district B:

(1)

Permitted principal uses and structure.

a.

All uses, structures and special exceptions permitted in district R; provided, however, tennis courts and swimming pools are not permitted in district B.

b.

Bakeries, retail only.

c.

Banks.

d.

Florist shops.

e.

Offices and office buildings.

f.

Barbershops, beauty shops, shoe repair shops and indoor restaurants.

g.

Retail stores, provided that no on-site consumption of foods or beverages sold therein shall be permitted.

h.

Any similar uses as determined by the board of adjustment which are not likely to create any more noise, vibration, dust, heat, smoke, odor, excessive light, glare or objectionable influences than the minimum amount normally resulting from other uses permitted.

(2)

Uses permitted by specific use permit.

a.

Sexually oriented business, provided that no sexually oriented business shall be allowed to locate within 1,000 feet of another sexually oriented business, a public park, a place of worship, a public or private school or a day-care facility, and provided further that no on-site consumption of foods or beverages sold therein shall be permitted. For purposes of this section, such distance shall be measured between the closest property lines of each property.

b.

Personal wireless service facilities.

1.

Facilities for the provision of personal wireless service, including structures commonly known as cellular towers, and ancillary buildings, equipment and related structures, may be allowed in this district following approval of a specific use permit by city council. Provided, however, that no specific use permit for a personal wireless services facility shall be approved if:

i.

The proposed facility would adversely affect the residential integrity or safety of adjacent or area neighborhoods; or

ii.

The proposed facility would create visual blight; or

iii.

The proposed facility would create noise or light pollution; or

iv.

The proposed facility would create a nuisance to adjacent or area properties.

2.

Further, in order to obtain a specific use permit for a personal wireless service facility, the applicant must establish that:

i.

The applicant cannot provide service to the city from other available locations or existing facilities; and

ii.

The proposed facility would utilize state of the art technology to achieve its objectives; and

iii.

The proposed facility would comply with all safety standards promulgated by the Federal Communications Commission, or other agency having jurisdiction thereover.

(3)

Permitted accessory uses and structures. Those uses and structures customarily incident to the foregoing uses when located upon the same lot. A sign shall not be allowed as an accessory use or structure, except as hereafter specifically permitted.

(4)

Prohibited uses and structures. Any use not permitted under subsection (1) of this section and any use or structure otherwise permitted under subsection (1) of this section that is objectionable because of odor, excessive light, glare, smoke, dust, noise, vibration, litter or similar or other nuisance shall be prohibited in district B.

(Ord. No. 340, § 7-1, 5-20-1980; Ord. No. 553, 3-16-1999)

The maximum height of structures in district B shall not exceed 35 feet. The height of a structure shall be the vertical distance as measured from the finished floor elevation to the highest point of the roof of the main building located on the lot. The top of slab may be up to 24 inches higher than required by all other applicable codes and may be added without affecting the maximum allowed height. For any elevation amount exceeding the 24 inches allowance above, the allowed height of the building shall be diminished by an equal amount. Aerial antennas shall not exceed a height of 45 feet as measured from the top of slab.

(Ord. No. 340, § 7-2, 5-20-1980; Ord. No. 657, § 3, 2-21-2006)

The following area regulations shall apply in district B:

(1)

Minimum lot requirements-area, width and depth.

a.

Residential use: Same as district R.

b.

Other use:

1.

Lot area: 7,500 square feet.

2.

Lot width: 75 feet.

3.

Lot depth: 100 feet.

(2)

Minimum building line requirements.

a.

Residential use: Same as in district R as set forth in section 44-160(2).

b.

Other use: Buildings shall be a minimum of 35 feet from any street line. A minimum of 15 feet shall be maintained between any building and the business district boundary line; provided, however, a building of less than 15 feet in height with no windows facing a residential area may be located within two feet of a business-residential boundary line.

(3)

Maximum lot coverage by all buildings and structures.

a.

Residential use: Same as in district R.

b.

Other use: The building area, including off-street parking spaces and service areas, shall not exceed 90 percent of the lot area.

(4)

Minimum size of principal building.

a.

Residential use: Same as in district R.

b.

Other use: 2,000 square feet of permanently enclosed floor space.

(Ord. No. 340, § 7-3, 5-20-1980)

(a)

There must be sufficient off-street parking spaces provided on the premises of any business use to accommodate the anticipated parking needs of the persons using the premises. The minimum number of off-street parking spaces required for specific uses is as follows:

(1)

For general office use, including any use in which the principal occupants of the improved building space are employees rather than visitors or customers, two spaces for each 1,000 square feet of gross floor area; and

(2)

For any other use, four spaces for each 1,000 square feet of gross floor area.

(b)

All parking spaces must be at least nine feet wide and 18 feet long in order to be counted towards the minimum required number. The width of parking spaces shall be measured perpendicular to the parking angle. The length of parking spaces shall be measured at right angles to the parking line.

(Ord. No. 340, § 7-4, 5-20-1980; Ord. No. 698, § 2, 9-20-2007)

Service areas shall be required in district B. All loading areas, trash pick-up areas and all other service areas located outdoors shall be enclosed by a solid fence, wall or hedge at least seven feet in height, except for an opening for vehicular passage which shall have a solid gate.

(Ord. No. 340, § 7-5, 5-20-1980)

(a)

Outdoor storage shall not be permitted in district B, except during periods of construction or in a service area enclosed in the manner required for areas as set out in section 44-186.

(b)

No storage or similar use shall be allowed forward of the front building line in district B.

(Ord. No. 340, § 7-6, 5-20-1980)

(a)

Only on-site signs shall be permitted in district B.

(b)

One wall sign and one freestanding sign shall be permitted on any premises and shall be "sign, on-site" as defined in this chapter. The freestanding sign may contain an electronic message center. "Electronic message center" shall mean a computer-controlled display panel with automatically changing or moving messages displayed by moving or intermittent lights and containing alphanumeric figures only, with no animation. A changing or moving message displayed on an electronic message center must remain constant for no less than five minutes and may be used only to display the name of the business located on the site.

(c)

Signs which are equipped with glaring or rotating strobe or spotlights are prohibited.

(d)

No sign shall be erected so as to extend into or over the public right-of-way of any street, nor shall any sign be placed so as to interfere with or obstruct vision at any intersection or along any public street.

(e)

Notwithstanding the foregoing, an electronic message center on a freestanding sign may not exceed the height of the building on the lot on which the sign is located.

(f)

Sign area; location.

(1)

No sign shall have more than two sides. The sign area includes the surface of a signboard and any portion of the supporting structure or trim upon which a message is displayed; provided, however, in the case of double-sided signs, only one side shall be computed to determine the sign area.

(2)

On a lot containing less than one acre, the sign area of a single sign or the sign area on each side of a double-sided sign shall not exceed 64 square feet.

(3)

For signs located on a lot containing one-half acre or more that abuts IH-10 and upon which one business establishment is located, the sign area of a single free standing sign or the sign area on each side of a double-sided, freestanding sign shall not exceed 80 square feet. The width-to-height ratio of such detached sign shall not exceed one to five or five to one.

(4)

For signs located on a lot containing one-half acre or more that abuts IH-10 and upon which more than one business establishment is located, each of which share common driveways and on-site parking facilities, the sign area of a single freestanding sign or the sign area on each side of a double-sided, freestanding sign shall not exceed 90 square feet. The width-to-height ratio of such detached sign shall not exceed one to five or five to one.

(5)

No sign allowed by this subsection (f) shall be placed in a yard which abuts district R (residential district).

(g)

No portable signs are permitted.

(h)

Lighted signs which are above the height of the building to which they pertain will be extinguished at or before 12:00 midnight.

(i)

All signs shall be kept in a good state of repair.

(Ord. No. 431, § 2, 1-26-1988; Ord. No. 664, §§ 1—4, 4-18-2006; Ord. No. 676, § 1, 1-16-2007)

(a)

Improved business property in district B shall be separated from contiguous property in residential district R by any one of the following:

(1)

A screening fence seven feet high, built of brick or stone.

(2)

A strip of dense natural foliage at least 35 feet in width and at least seven feet in height measured from the boundary line of district B extending into district B.

(b)

No building shall have windows with a view into any property within district R of the city, provided that the board of adjustment may grant an exception to such requirement if it determines that any such window, while it would literally have a view into property within district R of the city, would be unlikely to result in individuals having an actual view through such window into property within district R.

(Ord. No. 340, § 7-8, 5-20-1980)