ORDINANCE NO

AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF HUNTERS CREEK VILLAGE, TEXAS; REGULATING AND RESTRICTING THE USE, SIZE, HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOTS THAT MAY BE OCCUPIED, THE SIZE OF THE YARDS, COURTS, AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, RESIDENCES, AND OTHER PURPOSES; DIVIDING THE CITY INTO DISTRICTS AND USE AREAS; ADOPTING A ZONING MAP SHOWING THE LOCATION AND BOUNDARIES OF THE VARIOUS DISTRICTS AND USE AREAS; PROVIDING FOR EXCEPTIONS; PROVIDING REGULATIONS FOR NON-CONFORMING USES; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, INTERPRETATION AND AMENDMENT OF THIS ORDINANCE; PROVIDING FOR A BOARD OF ADJUSTMENTS AND PRESCRIBING ITS POWERS AND DUTIES; PROVIDING DEFINITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING CERTAIN SPECIFIED ORDINANCES OF THE CITY OF HUNTERS CREEK VILLAGE AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES OF SUCH CITY IN CONFLICT HEREWITH AND KNOWN AS:

WHEREAS, Chapter 283, page 424, Acts of the 40th Legislature, Regular Session, 1927, as amended, compiled as Articles 10lla through l0llj, Vernon’s Texas Civil Statutes, empowers the City to enact a Zoning Ordinance and to provide for its administration, enforcement, and amendment; and

WHEREAS, pursuant to such authority, the City has heretofore enacted a Zoning Ordinance; and

WHEREAS, the City Council now deems it necessary, for the purpose of promoting the health, safety, morals, and general welfare of the City and its inhabitants, to repeal the existing Zoning Ordinance and to enact a new one; and

WHEREAS, the Planning and Zoning Commission has recommended the enactment of a new Zoning Ordinance and the repeal of the present Zoning Ordinance; and

WHEREAS, as a basis for and in furtherance of such recommendation, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and design to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and

WHEREAS, the Planning and Zoning Commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality; and

WHEREAS, the Planning and Zoning Commission has made a preliminary report, has given due notice of hearings relating to zoning districts, regulations, and restrictions, has held such public hearings, and has submitted its final report to the City Council

WHEREAS, the City Council has given due notice of hearings relating to such zoning districts, regulations, and restrictions, and has held such public hearings; and

WHEREAS, all requirements of Chapter 283, page 424, Acts of the 40th Legislature, Regular Session, 1927, as amended, and of the ordinances of the City relating to the preparation of the report and recommendation of the Zoning Commission and subsequent action of the City Council have been met; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTER’S CREEK VILLAGE, TEXAS:

This ordinance shall be known and may be cited as “The City of Hunter’s Creek Village Zoning Ordinance."

1. Official Zoning Map. The boundaries of the two districts of the City are shown on the Official Zoning Map, a copy of said map is attached hereto, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.

The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary and bearing the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 3 of Ordinance No. 340,_,the City of Hunter’s Creek Village Zoning Ordinance”, together with the date of the adoption of this ordinance.

If, in accordance with the provisions of this ordinance and Chapter 283, Page 424, Acts of the 40th Legislature, Regular Session, 1927, as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: “On (date), by official action of the City Council, the following changes were made in the Official Zoning Map: (brief description of nature of changes),” which entry shall be signed by the Mayor and attested by the City Secretary. No amendment to this ordinance which involves matters portrayed on the Official Zoning Map shall become effective until after such change and entry have been made on said map.

No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance.

Regardless of the existence of purported copies of the Official Zoning Map which may be made or published from time to time, the Official Zoning Map shall be located in the office of the City Secretary and it shall be the final authority as to the current zoning status of land areas, buildings, and other structures in the City.

2. Replacement of Official Zoning Map. In the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes or additions, the City Council may by ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary, and bearing the seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. ______, the City of Hunter’s Creek Village Zoning Ordinance.”

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

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 center lines of streets or street right-of-way lines, such center lines or street right-of-way lines shall be construed to be said boundaries.

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

3. Where district boundaries are indicated as approximately parallel to street center lines 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 said 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 said street shall be automatically extended to the center line 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.

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 Ordinance for each and every building existing at the time of passage of this Ordinance 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 Ordinance 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.

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

c. Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith and not involving the conduct of a business, trade or profession. A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except as follows, and shall not be located upon a city street, right-of-way, or easement:

(1) One unilluminated sign advertising one or more contractors performing work on the property on which the sign is erected; provided, however, such sign shall not be more than four (4) square feet in area, and shall be removed immediately upon completion of the building or structure.

(2) One unilluminated sign advertising one or more contractors performing work on the property on which the sign is erected; provided, however, such sign shall not be more than four (4) square feet in area, and shall be removed immediately upon completion of the building or structure.

(3) Churches and other institutions may display signs showing names, activities, and services therein provided. Such signs shall not exceed eight (8) square feet in area and shall be erected on the property to which they relate.

d. To be permitted as accessory structures or uses, an unlighted outdoor tennis court or game court must be set back at least twenty-five (25) feet from the nearest lot line; lighted outdoor tennis courts and game courts must be set back at least one hundred (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 said court.

e. An outdoor swimming pool shall only be permitted in the back or side yards as an accessory use or structure and then only if it is set back a minimum of ten (10) feet from the rear lot line and fifteen (15) feet from the side lot line respectively; providing, however, where the rear lot line is contiguous to a neighboring side lot line, the necessary set back requirement is fifteen (15) feet.

f. Parks, playgrounds, recreational facilities, public services and fire and police services, owned by the City of Hunter’s Creek Village or by a public entity acting at the request of the City of Hunter’s Creek Village.

(1) Personal Wireless Service Facilities. Facilities for the provision of personal wireless service facilities, 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:

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

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

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

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

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

After public notice and hearing and appropriate safeguards and conditions, the Board of Adjustment may permit as special exceptions, uses in District R which do not comply with Subsection 6-1, by the following:

b. Utility sub-stations and pump stations designed to serve some portion of Hunter’s Creek Village.

c. Churches, provided, however, a church shall only be permitted on a tract of land of 5 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.

No building shall exceed thirty-five (35) feet in height; provided, however, such limitation shall not apply to church steeples. Aerial antennas shall not exceed a height of forty-five (45) feet as measured vertically from the curb bounding the property line.

(1) Lot Area. No building shall be constructed on any lot having less than twenty-two thousand five hundred (22,500) square feet.

(2) Lot Width. The width of the lot shall be not less than seventy-five (75) feet at the front building line, nor shall its average width be less than seventy- five (75) feet.

(3) Lot Depth. The average depth of the lot shall not be less than one-hundred twenty (120) feet

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

(b) The Board of Adjustment may permit as a special exception not more than one lot in a new subdivision to be less than 22,500 square feet in area, but in no event shall said lot be less than 20,000 square feet in area.

(1) Front Yard. There shall be a front yard having a depth of not less than fifty (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 seventy (70) feet minimum from the building to the center of the street, whether public or private, and not less than fifty (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 thirty-five (35) feet from the street right-of-way line and not less than seventy (70) feet from the center of a turn circle.

(2) Side Yard. There shall be two side yards on each lot, having a combined width of not less than thirty-five (35) feet; neither of said side yards shall be less than fifteen (15) feet in width. A side yard adjacent to a side street shall not be less than twenty (20) feet in width.

(3) Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25)feet.

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

(2) Dwelling Area. Each single family dwelling must be so designed and constructed that it shall have a minimum space of enclosed living area of two thousand (2,000) square feet, exclusive of porches and automobile shelters. At least fifteen hundred (1500) square feet of such enclosed living area shall be contained on the ground floor. Living area shall be computed from the exterior wall surface.

a. Minimum Size. Every single family dwelling must have at least (i) a 200 square foot garage or (ii) a 200 square foot carport and a 100 square foot completely enclosed storage room with an outside door. Subject to the following exceptions, all automobile shelters must meet the set back requirements of the dwelling; and the opening of the automobile shelter shall face the rear of the lot, provided, however,

(1) An automobile shelter, if not attached to the dwelling, may be located not closer than five (5) feet from the rear lot line and not closer than five (5) feet distance from the side lot line unless such line abuts a street, in which event the automobile shelter shall be located at least twenty (20) feet from such side street line.

(2) Except on a corner lot, 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.

(3) An automobile shelter opening may face toward the side line of the lot, provided that:.

(ii) the front edge of such opening will not be forward of the front line of the residence;

(iii) such opening will be at least twenty- eight (28) feet from the side lot line;

(iv) such opening will be placed on the lot in such a position, or will be screened by a screening on either the same lot or the adjoining lot, so that no part of such opening is visible from the front street in a line of view that forms an angle, measured from any point on the front street line to any point in such opening, that is greater than 45 degrees; and

(v) any screening erected to comply with sub-paragraph (iv) above shall meet the requirements for fences and walls set forth in Sub-Section 6-7 of this Ordinance, shall conceal such opening to a height of not less than six (6) feet and shall be constructed of wood, stone or brick to form a solid visual barrier. The Board of Adjustment, may permit, as a special exception screening of some other material, including but not limited to planting of shrubbery provided the Board of Adjustment determines that such screening of an acceptable type will provide substantially or in effect a solid visual barrier when installed.

b. Driveways. 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.

a. No accessory structure shall be erected in front of the front line of the residence;

b. No separate accessory structure or automobile shelter shall be erected within five (5) feet of any property line or other building.

c. Any servants quarters or structure containing living space must comply with building line set backs of the main structure.

a. Fences shall be generally permitted on the perimeter of the property involved subject to the limitations in Sub-Section 6-7 paragraphs (b) through (m) listed below.

b. No fences shall be permitted in front of the front building setback lines of the property involved unless the front yard is contiguous to Voss Road or Memorial Drive.

c. No fence shall exceed seven feet (7') from the top of the natural grade of the property except along Voss Road or Memorial Drive.

d. A fence or wall of a minimum of seven feet (7') 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 fence or wall along Voss Road or Memorial Drive shall be not less than seven feet (7') nor more than nine feet (9') from the top of the natural grade of the property. Piers, pillars, or columns used for such fence or wall supports or architectural enhancement shall be allowed to exceed the nine feet (9') allowable height, but shall not be used to violate the nine feet (9') maximum allowable height specified in this Ordinance. Where a curb and guttered street is adjacent to the fence or wall or property line, the height restriction shall, however, be measured for the purposes of this Ordinance from the top of natural grade or the top of the abutting curb, whichever is higher. Any rear or side property line fence or wall along Voss Road or Memorial Drive shall be of brick or masonry construction.

e. 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 or wall may be of wrought iron, brick, or masonry construction. 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.

f. Each gate of any entrance drive or driveway off Voss Road or Memorial Drive shall set back a minimum of twenty feet (20') 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.

g. Any fence or wall located at any street intersection shall be set back or stepped down to afford full sight distance at the intersection involved.

h. The overall intent of this Ordinance 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 reduce noise along Voss Road or Memorial Drive.

i.In the case of any property which does not front on either Voss Road or Memorial Drive, the Board of Adjustment may permit a fence or wall in front of the residence situated on the property involved as a variance, but not in front of the front building line of the property involved. Such fence or wall shall be of a type and material approved by the Board of Adjustment.

j. 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 Ordinance. 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 paragraph is not acceptable to the owner, such owner may appeal such decision to the Board of Adjustment for a final determination.

k. Any masonry fence or wall seven to nine feel (7' - 9') in height shall require a geotechnical report and the foundation designed by a Texas registered professional engineer. In lieu of the above requirements a standard minimum design will be available at the offices of the City.

l. Controlling over any provisions of this Ordinance to the contrary, wrought iron and wood sections of any fence or wall shall be permitted to the extent necessary to avoid removing trees.

m. Any fence or wall required or permitted under this Ordinance shall be constructed, repaired, maintained, and replaced in order to be in a good, safe, and non-hazardous condition at the risk, cost, and expense of the owner of the property involved.

Dish antennas greater than three (3) feet in diameter are permitted as accessory structures subject to the following provision. Dish antennas three (3) feet or less in diameter are not subject to the provisions of this subsection.

a. Except as otherwise provided in this subsection, a dish antenna shall not be located in a front yard, in an easement, or within twenty-five (25) feet of a property line.

b. Except as otherwise provided in this subsection, a dish antenna shall not exceed ten (10) feet in height.

c. 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.

d. A dish antenna constructed of mesh material, so that no more than forty (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 (5) feet to a property line, and may not exceed fifteen (15) feet in height.

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

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

(8) 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.

b. 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.

(1) Sexually oriented business, provided that no sexually oriented business shall be allowed to locate within 1000 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.

(2) Personal Wireless Service Facilities. Facilities for the provision of personal wireless service facilities, 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:

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

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

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

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

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

c. Prohibited Uses and Structures: Any use not permitted under Paragraph a of Sub-Section 7-1 and any use or structure otherwise permitted under Paragraph a of Sub-Section 7-1 that is objectionable because of odor, excessive light, glare, smoke, dust, noise, vibration, litter or similar or other nuisance.

Thirty-five (35) feet except for aerial antennas attached to the top of the building, as measured vertically from the curb bounding the property line. Aerial antennas shall not exceed a height of forty-five (45) feet as measured vertically from the curb bounding the property line.

                                                 (a) Lot Area: 7,500 square feet.
                                                (b) Lot Width: 75 feet.
                                                (c) Lot Depth: 100 feet.
                             b. Minimum Building Line     Requirements.

(2) Other Use: Buildings shall be a minimum of thirty-five feet from any street line. A minimum of fifteen feet shall be maintained between any building and the business district boundary line; provided, however, a building of less than fifteen feet in height with no windows facing a residential area may be located within two (2) feet of a business-residential boundary line.

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

Off-street parking shall be provided to provide adequate parking spaces for all anticipated automobiles serving said structure or business including customers and guests and the following:

a. Office Buildings: 2 square feet of paved parking lot or area for each square foot of leasable area of the principal building, shall be provided on the premises.

b. Retail Buildings: 4 square feet of parking space for each square foot of the principal building shall be provided on the premises.

The Board of Adjustment may, as a Variance to these requirements, set a lesser standard for parking area upon a showing that the type of business anticipated to occupy an office building will not require the number of parking spaces or area as set out herein.

Service areas shall be required. 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 (7) feet in height, except for an opening for vehicular passage which shall have a solid gate.

a. Outdoor storage shall not be permitted except during periods of construction or in a service area enclosed in the manner required for areas as set out in Sub-Section 7-5 above.

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

SUB-SECTION 7-7. LIMITATION ON SIGNS. On-site signs only shall be permitted.

b. One wall sign and one free standing sign shall be permitted on any premises and shall be "sign, on-site" as defined in this Ordinance.

c. No sign shall be of a flashing or moving type which involves changes in color, light intensity, intermittent light impulses or motion either simulated or actual.

d. No signs shall be erected so as to extend into or overhead 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. No sign shall exceed in height thirty-five feet (35') above the top of the curb.

f. No sign shall have more than two sides. The square footage in a single sign or the square footage on each side of a double sided sign shall not exceed sixty-four (64) square feet.

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

a. Improved business property shall be separated from contiguous property in Residential District R by any one of the following:

(2) A strip of dense natural foliage at least thirty-five feet (35) in width and at least seven (7) 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 of the City.

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

SECTION 9. NON-CONFORMING LOTS, USES OF LAND, STRUCTURES, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE.

Within the districts established by this Ordinance or amendments that may later be adopted there may exist

which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. it is the intent of this Ordinance to permit those non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as more specifically set forth in this Ordinance. Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction had been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner.

In District R a single family dwelling and customary accessory buildings may be erected on any single lot lawfully created and of record on March 25, 1955 notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, width, and depth that are generally applicable in such district. If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership were of record on the effective date of the adoption of this Ordinance and if all or part of the lots do not meet the requirements established for lot area and width, the land involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot area and width requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with area or width below the requirements established herein.

a. Non-Conforming lots or tracts legally created and lying within a subdivision which was in existence on March 25, 1955 and in separate ownership shall have the following requirements for yards and set backs:

(1) Front Yard — The front yard shall have a depth of not less than the average yard depth of all yard depths for completed residences within the same subdivision or 50 feet whichever is the lesser.

(2) Side Yards — There shall be two side yards on each lot, having a combined width of not less than twenty (20) feet; neither of said side yards shall be less than ten (10) feet or have a width less than the average width of all other side yards on non-conforming lots within the same subdivision whichever is greater.

(3) Rear Yard — There shall be a rear yard having a depth of not less than twenty-five (25) feet.

(4) In lots or tracts of less than 22,500 square feet in area in such pre-existing subdivisions, the building area, exclusive of outdoor swimming pools, shall not exceed one-third (1/3) of the lot area or 5,625 square feet, whichever is less.

b. Existing single family dwellings and customary accessory buildings located on non-conforming lots or tracts legally created and lying within a subdivision which was in existence on March 25, 1955 may be altered, repaired or enlarged; provided however, any enlargement or alteration shall meet all set-back, yard and height requirements established herein for said subdivision.

SUB-SECTION 9-3. NON- CONFORMING USES OF LAND OR LAND WITH MINOR STRUCTURES ONLY.

Where at the time of adoption, this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued as long as it remains otherwise lawful, provided:

a. No such non-conforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Ordinance:

b. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of this Ordinance;

c. If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which the land is located;

d. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms hereof by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

a. No such non-conforming structure may be enlarged or altered in a manner which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

b. Should such non-conforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

c. Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

SUB-SECTION 9-5. NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.

If lawful uses involving individual structures with a replacement cost of $1,000 or more, or of structure and premises in combination, which exist at the effective date of adoption or amendment of this Ordinance, would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

a. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

b. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

c. Any structure, or structure and land in combination, in or on which a non-conforming use is replaced by a permitted use, shall thereafter conform to the regulations of the district, and the non-conforming use may not thereafter be resumed.

d. When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months or for twelve months during any three-year period, the structure, or the structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

e. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purposes of this subsection is defined as damage to the extent of more than 50 percent of the replacement cost at the time of destruction.

f. All non-conforming uses shall be separated from contiguous residential property by any one of the following:

(2) A strip of dense natural foliage thirty-five (35) feet in width and at least seven (7) feet in height.

On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing after obtaining a building permit as herein set out, provided that the cubic content existing when it became non-conforming shall not be increased.

SUB-SECTION 9-7. USES UNDER SPECIAL EXCEPTIONS PROVISIONS NOT NON-CONFORMING USES.

Any use which is permitted as a special exception in a district under the terms of this Ordinance shall not be deemed a non-conforming use in the district, but shall without further action be considered a conforming use.

The provisions of this ordinance shall be administered and enforced by the Building Official of the City of Hunter’s Creek Village. The Building Official or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance.

Whenever any construction work is being done contrary to the provisions of this Ordinance, the Building Official may order the work stopped by notice in writing served on the owner, resident or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work.

No person shall erect, or construct, remodel, enlarge, improve, alter or convert any building, structure or fence or cause the same to be done without first obtaining a building permit therefor. All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

b. The exact sizes and locations on the lot of the buildings and accessory buildings then existing.

c. The lines within which the proposed building or structure shall be erected or altered.

e. The land upon which the proposed building or work is to be done shall be described, either by lot, block or tract, or similar general description that will readily identify and definitely locate the proposed building or work. The building or structure to be constructed or the enlargement, moving, improving, alteration, conversion or re-roofing operation to be undertaken shall be described in sufficient detail so that the work to be done will be readily apparent.

f. Such other information with regard to the lot and neighboring lots as may be reasonably requested by the building inspector to determine the applicability of, and provide for the enforcement of, this ordinance.

One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started.

b. Any easement, covenant or deed restriction except, that in the event of a conflict between this Ordinance and any easement, covenant or deed restriction, the terms of this Ordinance shall be controlling.

SUB-SECTION 10-4. PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES.

By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior Ordinance had not been repealed.

A specific use permit is considered an amendment to the zoning map of the City of Hunters Creek Village, and all procedures outlined in this section, Section 17, Amendments, and Chapter 211, Texas Local Government Code, shall be followed in processing a request for a specific use permit.

(1) Posted Notice. In addition to the notice required in Section 17, Amendments, and Chapter 211, Texas Local Government Code, an applicant for a use allowed by specific use permit shall post on the property one (1) sign for every fifty (50) feet of street or right of way frontage, located along such street or right of way frontages, and spaced equal distances from one another, such sign to contain the following information:

Provided, however, such signs shall be erected a minimum of ten (10) days prior to the date of the first public hearing before the Planning and Zoning Commission, and shall remain on the property for ten (10) days following the final public hearing and action by City Council.

Provided further, that such signs shall be clearly visible on the property, shall be located so as not to obstruct traffic, and shall be of a size sufficient to include all the above information. The signs shall be on an all-weather surface, of bright yellow, with black print letters a minimum of four (4) inches in height.

(2) Standards for development. On their own initiative or upon recommendation from the Planning and Zoning Commission, such standards for development of the site for which a specific use permit is requested which will, in its opinion, ensure that the proposed use and development will be compatible with the adjacent land uses. Standards may cover areas including, but not limited to, fencing, screening, lighting, ingress and egress, and hours of operation.

b. Change in use of an existing building to a use of a different classification.

No such occupancy, use or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Building Inspector.

Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within ten (10) days after a written request for the same has been made to said Building Official or his agent after the erection or alteration of such building or part thereof has been completed and building inspector finds that such building is in conformity with the provisions of this Ordinance.

Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Official. If the proposed use is in apparent conformity with the provisions of this Ordinance, the Certificate of Occupancy therefor shall be issued within five (5) days after the application for same has been made.

Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Certificates of Occupancy shall be kept in file in the office of the Building Official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

A Board of Adjustment is hereby established, which shall consist of five (5) members to be appointed by the City Council, each for a term of two (2) years. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by the City Council for the unexpired term of the member affected. In addition four (4) alternate members shall be appointed to the Board of Adjustment and shall serve in the absence of one or more regular members when requested to do so by the Mayor. The four alternate members shall serve for the same period of time as the regular members; and vacancies shall be filled and they shall be subject to removal in the same manner as the regular members.

The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and all of which shall be immediately filed in the office of the Board and shall be a public record.

Appeals to the Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by the decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

An appeal stays all proceedings in furtherance of the action appealed from, unless the office from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.

SUB-SECTION 13-2. SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES.

To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless and until:

a. A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested;

b. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which special exception is sought or for his agent shall be notified by mail. Notice of such hearing shall be published in a newspaper of general circulation in the City and posted in a public place in the City at least fifteen (15) days prior to the public hearing.

c. A public hearing shall be held. Any party may appear in person or by agent or attorney.

d. The Board of Adjustment shall make a finding that it is empowered by specific language in the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public ~ interest.

e. Before any special exception shall issue, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(1) ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(2) off-street parking and loading areas where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

(3) refuse and service areas, with particular reference to the items in (1) and (2) above;

(6) proposed exterior lighting with reference to glare, safety, economic effect, and compatibility and harmony with properties in the district;

SUBSECTION 13-3. VARIANCES: CONDITIONS GOVERNING APPLICATIONS; AUTHORITY AND LIMITATIONS.

To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising such powers of variance, the Board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made, and to that end the Board shall have all the powers of the officer or agency from whom the appeal is taken.

In granting any variance or special exception, the Board of Adjustment may describe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance or special exception is granted, shall be deemed a violation of this ordinance.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district.

A variance is authorized only for height, area and size of structure or size of yards and open spaces unless otherwise provided herein. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City may seek review by a court of record of such decision in the manner provided by the laws of the State of Texas, particularly Chapter 742, Section 1, page 2385, Acts of the 62nd Legislature, Regular Session, 1971, compiled as Article lOllg, Vernon’s Texas Civil Statutes.

SECTION 15. DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT, CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL.

It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from decisions of the Board of Adjustment shall be to the courts in the manner provided by law, particularly Chapter 742, Section 1, page 2385, Acts of the 62nd Legislature, Regular Session 1971, compiled as Article l0llg, Vernon’s Texas Civil Statutes.

It is further the intent of this ordinance that the duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and of establishing a schedule of fees and charges as stated in Section 16 hereof.

The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, special exception, changes in district classification, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be maintained in the office of the City Secretary and in the office of the administrative official, and may be altered or amended only by the City Council.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

1. Authority. The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

2. Submission to Planning and Zoning Commission. Before taking action on any proposed amendment, supplement, or change the City Council shall submit the proposed revision to the Planning and Zoning Commission for its recommendation and report.

3. Public Hearing - Planning and Zoning Commission. The Planning and Zoning Commission shall make a preliminary report and hold public hearings thereon before submitting its final report. Written notice of all public hearings before the Planning and Zoning Commission on proposed changes and classification shall be sent to owners of real property lying within 200 feet of the property on which the change and classification is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such Owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax rolls. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such Owners shall be given by publication in the manner provided in Paragraph 4 of this section.

4. Public Hearing - City Council. After receipt of the final report from the Planning and Zoning Commission, two public hearings shall be held by the City Council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be less than fifteen (15) days nor more than thirty (30) days from the date of publications and only the first hearing by the City Council on any such proposed change shall be published by mailing a notice at least seven (7) days prior to such hearing by City Council to each residence within the City of Hunters Creek Village, and said notice shall give the following information: date, time and place of the hearing by City Council, a description of the proposed change or amendment to the zoning ordinance, the location of any property for which a proposed change of classification of district is proposed and such other information as Council may deem necessary and/or appropriate. All cost and expense of publication, notices and mailing shall be paid by the person or organization requesting any change to the Zoning Ordinance of the City of Hunters Creek Village, Texas.

5. Vote Required In The Event of Non-approval or Protest. Unless such proposed amendment, supplement, or change has been approved by the Planning and Zoning Commission or in case of a protest signed by the owners of 20% or more either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof extending 200 feet therefrom, all of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4ths) of all the members of the City Council.

Any person who shall violate any of the provisions of this Ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred dollars ($200.00), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises or part thereof where anything in violation of this Ordinance shall be placed or shall exist, and any architect or builder who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.

For the purpose of this ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number and the plural number shall include the singular number. The word “building” shall include the meaning of the word “structure”; the word “lot” shall include the meaning of the word “plot”; and the term “used for” shall include the meaning of the terms “designed for” or “intended for.” The word “shall” is mandatory, not directive. Such defined words and terms are as follows:

1. Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and subordinate to the principal structure, including, but not limited to, air conditioning units.

3. Building: Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

4. Building Area: The area covered by all building(s) and the surface of any tennis court, paddle court or other type of game court, but excluding driveways, walkways and uncovered patios.

5. Building, Height of: The vertical distance as measured from the curb bounding the property line to the highest point of the building, or from the natural grade in the absence of a curb.

6. Building Line. A line parallel or approximately parallel to the street line or lot line beyond which buildings may not be erected.

7. Carport: A sheltered space with three sides screening its contents from view and suitable for parking one or more motor vehicles.

9. Dwelling, Single Family: A detached residential dwelling, other than a mobile home or trailer or any structure converted from a mobile home or trailer, designed and used exclusively for residential occupancy and having accommodations for and occupied by only one family and no portion of which may be used for the conduct of a business, trade or profession.

10. Family: One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit. A number of persons not exceeding two living together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.

11. Garage: A sheltered space with an operable door or doors plus three sides screening its contents from view and suitable for parking one or more motor vehicles.

12. Lot: A parcel of land of at least sufficient size to meet minimum applicable requirements for use, coverage, area, and parking, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public street or on an existing approved private street.

13. Lot, Depth Of: The mean horizontal distance between the front and rear lot lines.

14. Lot, Width Of: The distance between side lot lines as measured at the front building line.

15. Nonconforming Use, Building, Structure or Yard: A use, building, structure, or yard existing legally at the time of the passage of this ordinance, or of any amendment thereto, which, by reason of design or use, does not conform with the regulations of the district in which it is situated.

16. Servants’ Quarters: An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

18. Sexually oriented business shall have the same meaning as “sexually oriented business” as that term is defined in Texas Local Government Code Chapter 243, and shall include, but not be limited to, an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, or any other commercial enterprise, the primary business of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. Such uses shall be allowed only as specifically authorized under the terms of this ordinance. The determination of what constitutes a sexually oriented business shall be made by the Police Chief or his designee, and such determination shall be appealable to the Zoning Board of Adjustment.

19. Sign, On-Site: A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.

20. Special Exception: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but would, if controlled as to number, area, location, or relation to the neighborhood, promote the property held, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in a zoning district as special exceptions, only if specific provision for such special exception is made in this ordinance.

21. Street: A public or private thoroughfare which affords a principal means of access to abutting property.

23. Structure: Anything constructed or erected which requires permanent location on the ground or is attached to something having a permanent location on the ground including, but not limited to, signs, billboards, poster panels, swimming pools, tennis courts, paddle courts or game-type courts. Yard lights, bird baths, flagpoles, fountains and similar items are not considered as structures herein.

24. Variance: A relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, because of conditions peculiar to the property and in the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

25. Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise permitted herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the edge of the structure or main building shall be used. For the purpose of such measurement, the eave line of a roof may project a maximum of 30 inches into the required yards.

26 Yard, Front: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building.

27. Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, uncovered patios and decks that do not exceed one foot in height above the finished grade, or unenclosed and uncovered balconies not more than four feet in depth, supported only by the main building with no additional supports. On all lots, the rear yard shall be to the rear of the front yard”

28. Yard, Side: A yard between the main building and the adjacent side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between an adjacent side lot line and any edge or face of the main building.

If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this Ordinance as a whole or any part or provisions thereof, other than the part so decided to be invalid or unconstitutional.

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this Ordinance imposes greater restrictions including but not limited to those upon the use of buildings or premises or upon height of building, or other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this Ordinance shall govern.

The following ordinances and parts of ordinances of the City of Hunter’s Creek Village are hereby repealed:

ORDINANCE NUMBER	DATED
10	March 7, 1955
11	March 25, 1955
12	March 25, 1955
30	January 4, 1956
32	January 4, 1956
57	June 7, 1957
66	December 2, 1957
77	July 7, 1958
83	February 9, 1959
108	January 11, 1960
115	March 14, 1960
118	May 9, 1960
122	June 27, 1960
125	July 11, 1960
128	July 11, 1960
135	December 12, 1960
155	December 12, 1961
156	January 8, 1962
167	December 10, 1962
171	August 12, 1963
203	January 9, 1967
205	May 8, 1967
211	October 23, 1967
215	February 29, 1968
221	February 10, 1969
222	February 10, 1969
233	February 16, 1970
234	August 17, 1970
244	July 20, 1972
245	August 17, 1972
256	February 5, 1974
260	April 8, 1974
262	May 15, 1974
266	November 20, 1974
268	December 18, 1974
280	October 15, 1975