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Kenedy City Zoning Code

Sec. 90-7

"RE" Residential Estate District.

A.

Purpose. This zoning classification is for large-lot residences with a capability of keeping and maintaining limited numbers of livestock and other animals. It should be applied in areas of large lots and rural estate-type subdivision design and layout. This zoning classification should be applied in areas of the city to conserve rural neighborhood character and value and buildings.

B.

Use regulations. In the "RE" Residential Estate District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:

a.

Permitted uses.

1.

One (single) family dwellings.

2.

Accessory storage buildings and greenhouses when located behind front set back, a minimum of five feet from other property lines and not on any easement.

3.

Hobbies or crafts, as an accessory use.

4.

Temporary building to be used for construction purposes only, and which shall be removed upon completion or abandonment of construction work or removed upon request of the administrative official. Permits shall be issued for such temporary buildings for a period of six months only, with a renewal clause for similar period.

5.

Family day care homes (12 children or less).

6.

Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale business sales offices are maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer processing is conducted thereon.

7.

Uses customarily incident to any of the above uses when situated in the same dwelling and when not involving the conduct of a business or industry, except for home occupations as heretofore defined, such as the office of a physician, surgeon, dentist, or art gallery.

8.

Real estate sales office for property located within the subdivision in which it is located. Sales offices shall require payment of an annual permit fee, to be established by the city council. Use of a sales office shall cease within 30 days of the sale of the last parcel within the subdivision. Field offices for the sale or rental of real estate shall be removed upon request of the building inspector. Sales offices shall not be used for the sale of property outside of the subdivision in which it is located.

9.

Any typically permitted secondary or accessory uses allowed in the district in the absence of the principal use, if after consideration of the layout, configuration and relationship to existing subdivisions and neighborhoods, the administrative official determines that re-platting of the principal and secondary lots into a single lot is not possible or desirable.

10.

Utility facilities.

11.

Group homes as provided under state and federal law.

12.

Antennae and towers not exceeding the maximum height allowed in the district (see paragraph C.2 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding one meter in diameter. Except for satellite dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.

13.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.

14.

Public buildings, including libraries, museums, police and fire stations.

15.

Schools, public, elementary or high schools.

16.

Schools, private, with curriculum equivalent to that of a public elementary or high school.

17.

Water supply reservoirs, pumping plants and towers.

18.

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.

b.

Conditional uses.

1.

Antennae and towers exceeding the maximum height in the district and dish antennae exceeding one meter in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.

2.

Subsidiary dwelling.

3.

Churches.

4.

Bed and breakfasts.

c.

Special exception uses.

1.

Special exception uses authorized by the board of adjustment under the provisions of section 90-19.

C.

Height and area regulations. In the "RE" Residential Estate District, the height of buildings, the minimum dimensions of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

1.

Floor space: The main residence shall contain a minimum of 1,500 square feet of livable floor space, exclusive of garage, porches and breezeways, and incidental storage area.

2.

Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed three and one-half stories nor shall it exceed 60 feet.

3.

Front yard: There shall be a front yard of not less than 30 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.

4.

Rear yard: There shall be a rear yard having a depth of not less than 20 feet.

5.

Side yard: Corner lots have a minimum side yard of ten feet on side yards adjacent to interior lots. Interior lots shall have a minimum side yard dimension of ten feet.

6.

Width of lot: The width of a lot shall be a minimum of 100 feet at the building line.

7.

Lot area: The minimum area of a lot shall be one acre or 43,560 square feet.

8.

Maximum lot coverage: The maximum portion of the lot area, which may be covered by the main building and all accessory buildings, shall not exceed 30 percent.