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Kenedy City Zoning Code

Sec. 90-16

Supplementary district regulations.

A.

No building shall hereafter be erected, reconstructed, altered or enlarged, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

B.

No building shall hereafter be erected, reconstructed, altered or enlarged to exceed the height or bulk limit herein established for the district in which such building is located, nor shall any building be erected, reconstructed or altered as to provide a floor space smaller than the minimum prescribed by this chapter.

C.

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.

D.

Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one building on one lot, except as herein provided.

E.

Visibility at intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 35 feet from the point of intersection.

F.

Accessory building: No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building.

G.

Erection of more than one principal structure on a lot: In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

H.

Exceptions to height regulations: The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, receiving antennas (excluding dish antennas), water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

I.

Structure to have access: Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

J.

Any residentially-zoned lot having less area and/or width than herein required and which was platted of record and in separate ownership at the time of the passage of this chapter may be occupied by not more than a one-family structure. Nothing in this chapter shall prevent the residential use of any lot platted of record prior to the effective date of this chapter provided that all front yard, side yard, rear yard, floor area, parking and all provisions other than lot area and/or lot width are met or exceeded.

K.

In districts "C", "CBD", and "I", not intended for residential use and where residential use is not a permitted use, living quarters may be provided for resident managers, resident security and maintenance personnel and the like provided that:

1.

The living quarters are clearly subordinate to the permitted use in "C", "CBD", or "I" districts.

2.

The living quarters are only occupied by a manager, security, maintenance or other individual employed with full time duties on the site on which the living quarters are located. This is not intended to preclude the additional occupancy of the living quarters by family members of the full time individual employed on the site.

3.

The living quarters are incorporated into the design of the permitted use in such a manner that the living quarters are not perceptible as such.

4.

Two off-street parking spaces are provided per living quarter in addition to the required parking for the permitted use.

5.

Not more than one such living quarter shall be authorized per platted lot without prior specific approval of the planning and zoning commission as a conditional use following procedures established in section 90-15.

L.

Location of sexually oriented businesses:

1.

No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of:

a.

A church;

b.

A public or private elementary or secondary school;

c.

Any district zoned "SF" One Family, "RE" Residential Estate, "MF" Multiple Family, or "MH" Manufactured Home; or inhabited residence; or

d.

A public park.

For the purposes of this provision, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, or to the nearest boundary of a public park or residentially-zoned district.

2.

No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of another sexually oriented business. For the purpose of this provision, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

3.

No person shall cause or permit the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

4.

A sexually oriented business lawfully operating as a conforming use after the effective date of this chapter is not rendered a non-conforming use by the location, subsequent to the operation of the sexually oriented business, of a church, public or private elementary or secondary school, public park or residentially zoned district within 1,000 feet of the sexually oriented business.

M.

Standards for telecommunications towers and antennae. The City of Kenedy has a goal of minimizing the number of new telecommunications towers and antennae, while balancing the needs of telecommunication providers to establish a reasonable network to provide quality service.

1.

Before a conditional use permit is granted for a new telecommunications tower, the applicant must demonstrate a good faith effort to locate on an existing tower or other structure. Such effort shall be demonstrated by providing evidence that all potential existing structures were contacted and were determined unavailable, or engineering data showing that there were no acceptable existing structures that met the grid requirements.

2.

Any new telecommunications tower shall be designed to accommodate at least one additional antenna.

3.

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the city notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.

N.

Regulations for recreational vehicles. The following regulations shall apply to the occupancy, storage, and parking of recreational vehicles.

1.

No person shall occupy as a residence any recreational vehicle on any lot which is not part of a recreational vehicle park.

2.

One unoccupied recreational vehicle is permitted to be parked or stored on a lot zoned "A", "RE", "SF", "MF", "CBD", "MH-1" and "MH-2" provided it is parked or stored behind the applicable set back requirements.

3.

Recreational vehicles may be parked or stored on any lot zoned "C" and "I" provided it is parked or stored behind the applicable set back requirements.

4.

One recreational vehicle per lot shall be allowed to conduct business activities on a lot zoned "C" and "I" provided no business activity shall be conducted between 9:00 p.m. and 8:00 a.m. and is located behind the applicable set backs.

5.

No person may park a recreational vehicle on a city street for longer than 48 hours.