401.1 
General
The following districts have been established as residential zones for the Town of Horizon City for zoning and rezoning of properties after the adoption of this Ordinance amending Ordinance No. 0102 (February 24, 2015):
R-1
R-3
R-PD
R-2
R-4
R-MH
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-013 adopted 12/14/06; Ordinance 0102-032 adopted 2/24/15)
402.1 
General
The purpose of these districts is to provide for single-family and two-family duplex detached residential and mobile home development, at moderately low densities, together with such churches, recreational facilities, public uses and accessory uses as may be necessary or are normally compatible with residential surroundings.
(Ordinance 0102 adopted 1/14/03)
See General Section [section 807]
404.1 
General
A. 
Fences, walls or plantings to screen or conceal all clotheslines, equipment, service yards, wood and storage piles.
B. 
Concealed sanitary containers for all trash and waste.
C. 
Home Occupations in compliance with Section 901.
D. 
All other permitted accessory uses as listed in Chapter 8 - General Provisions.
Easement areas of each lot shall be maintained continuously by the lot owner except for those improvements for which a public authority or utility company is responsible. Within utility easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-032 adopted 2/24/15)
The regulations set forth under this Section are established for the zoning and rezoning of properties after the adoption of this Ordinance amending Ordinance No. 0102 (February 24, 2015).
405.1 
Lot Size Standards
 
Min. Lot Areas
(square feet)
Min. Average Lot Width
(feet)
Min. Lot Depth
(feet)
R-1
9,000
60
120
R-2
6,000
50
100
R-3
5,500
45
90
R-4
8,000 for duplexes
50
100
R-PD
6,000
50
100
R-MH
Unspecified
50
100
Other Permitted Uses
9,000
150
200
405.2 
Setback Requirements
 
Minimum Front Yard
Minimum Side Yard Abutting a Street
Minimum Side Yard
Minimum Rear Yard
R-1
20 feet
15 feet
10 feet
20 feet
R-2, R-3, R-4
20 feet
10 feet
5 feet
20 feet
R-PD
20 feet
10 feet
5 feet
20 feet
R-MH
20-30 feet
15 feet
5 feet
20 feet
Other Permitted Uses
20 feet without parking 45 feet with parking
15 feet
15 feet
20 feet
405.3 
Dwelling Size Standards
Dwelling size standards, in minimum square feet, excluding garages, carports, porches and patios, are as follows:
Square Feet
(Minimum)
R-1
Single-family dwelling
2,000
1 story
 
 
1,500
more than 1 story*
R-2
Single-family dwelling
1,250
1 story
 
 
800
more than 1 story*
R-3
Single-family dwelling
1,000
1 story
 
 
800
more than 1 story*
R-4
Two-family duplex dwelling
1,800
1 story
 
 
900
each unit
R-PD
Single-family dwelling*
1,000
1 story
 
 
900
2 story provided total is 1,400+
R-MH
Single-family dwelling
728
 
*Minimum square footage of the main floor. Total square footage of 1+ stories shall be at least the square footage of 1 story.
405.4 
Height Standards
No structure within a residential zone, other than a R-MH zone, shall have a height greater than 2-1/2 stories or 35 feet, whichever is less. Structures in a R-MH zone are limited to a height of 20 feet.
405.5 
Garage standards
405.5.1 
General.
All homes shall have a minimum of two (2) spaces to provide for off-street parking. Homes in districts R-1 and R-2 and all homes over 1,800 square feet shall have a garage to accommodate at least two (2) cars. All other homes, except those in a R-MH district, and each Duplex unit shall have a garage to accommodate at least one (1) car.
The elimination of the garage door or the conversion of part or all of a garage from a garage function to space for human occupation including but not limited to storage of items other than cars or additional living or sleeping space (“garage conversion”) will only be permitted for those homes that are within a zone other than R-1 or R-2 and which are less than 1,800 square feet in size, including the converted area. Such garage conversions must be constructed in compliance with the Technical Codes of the Town of Horizon City and require a valid building permit. Garage conversions are not permitted for duplex units.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-013 adopted 12/14/06; Ordinance 0102-024 adopted 6/24/08; Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-034 adopted 8/11/20)
406.1 
General
The following uses may be permitted by a Specific Use Permit that is administratively approved by the Mayor or his designee, with or without conditions, in accordance with the City Code.
A. 
Temporary real estate sales office associated with a new residential development conducted within:
1. 
a new residential structure adapted for that purpose; or,
2. 
a commercial office trailer placed on a residential lot within the aforementioned new residential development, provided however that such commercial office trailer is not also used for residential purposes.
406.2 
Cessation of Temporary Uses
A. 
Real estate sales office uses, as otherwise authorized by Section 4.06.1.B [406.1.A], shall not continue for more than twelve months, unless expressly extended by the Mayor or his designee. Only one six-month extension shall be allowed.
B. 
Any adaptations of residential structures shall be removed at the end of the term of use.
C. 
Any commercial office trailer used for a real estate sales office shall be removed within 30 days of the cessation of its authorized use as a sales office.
(Ordinance 0102-018 adopted 6/26/07; Ordinance 0102-034 adopted 8/11/20)
[1]
407.1 
Purpose
The purpose of this district is to provide for single-family residential development, at moderately low densities, with or without common open space elements developed as integral parts of subdivision developments as part of a gated community, and to provide design flexibility regarding the positioning of residential structures relative one-to-another and relative to open space elements within or adjacent to a development.
407.2 
Permitted Use
The only permitted use is single-family residential.
407.3 
Permitted Accessory Uses
See General Section [section 807]
A. 
Garage, private, not more than 3-car.
B. 
Trees, shrubbery or plantings.
C. 
Screening of closed garbage and trash containers so as not to expose same to view from neighboring lots or streets, or from golf courses or common open space elements, when applicable.
D. 
Clothesline, provided they are enclosed within a fenced service yard or otherwise concealed.
407.4 
Special Minimum Setback Standards applicable to Golf View Estates
The following setback standards shall be applicable to Lots 1 through 28, Golf View Estates, in lieu of the Site Development Plan requirements of Section 407.7:
Lot 1
5 foot setback side lines
5 foot rear setback line
Lot 2
0 foot setback east side line
5 foot rear setback line
8 foot setback west side line
Lot 1 and 2
10 foot and 25 foot setback front lot line for garage and dwelling respectively
Lots 3-26
5 to 10 foot setback front lot line for garage and 20 to 25 foot setback lot line for dwelling; 10 foot setback rear lot line
Lots 6-11 and 16-21
0 foot setback south, side line
Lots 3-5 and 22-26
0 foot setback north side line
Lot 26
10 foot setback line from Alderwood Manor Drive
Lots 12-15
5 foot setback side lines or 0 foot setback side lines; if 0 lot line used, then 8 foot setback for the other side line. A 0 lot line wall shall be constructed on the southerly side lot lines of Lots 12 and 13 and on both side lines of Lots 14 and 15. The wall shall be 6 feet in height from the front to rear lines of the structure and shall otherwise conform to the elevation configuration set forth in the paragraph above.
Lots 3-11 and 16-25
The structure shall be built on the designated 0 foot side line and the setback line for the other side line is 8 feet.
407.5 
Zero Side Yard Allowable
If approved as part of a Site Development Plan prepared in accordance with Section 407.8, single-family residential dwelling structures may be positioned such that no side yard is provided on one, but not both, of the two side property lines, provided that:
407.5.1 
The owner of the adjoining affected lot approves of such placement;
407.5.2 
The structure on the adjoining affected lot is not closer than eight feet to the common side property line;
407.5.3 
An eight-foot side yard is provided on the side opposite the zero side yard; and,
407.5.4 
A five-foot wide easement adjacent to the common property line is reserved, by covenant complying with Section 407.7.9 [407.9], within the adjoining affected lot for purposes of the construction, reconstruction, remodeling or maintenance of the structure positioned adjacent to the common lot line.
407.6 
Special Bulk Regulations
Notwithstanding the bulk regulations in Section 405, a developer of a site of not less than five acres may propose to develop a subdivision with zero side yards, or front and rear setbacks less than required by Section 405, or private streets, or common elements, provided the Site Development Plan provisions in Section 407.6 [407.7] are met. In such instances, the following minimum standards shall apply:
407.6.1 
Lot Size Standards:
 
Minimum Lot Area
(in square feet)
Minimum Lot Widths
Minimum Lot Depths
Single-family dwelling
6,000
50 foot average width
100 feet
407.6.2 
Minimum Setback Standards
Front Yard
Side Yard
Side Yard Abutting a Side Street
Rear Yard
10 feet
0 feet*
10 feet
10 feet
*Applicable to zero side yard lots only. Notwithstanding the minimum yard standards shown, a minimum eight foot side yard shall be required whenever the lot is classified as an affected lot by virtue of its abutting an approved zero side yard parcel.
407.7 
Site Development Plan Required
Any developer proposing zero side yard single-family residential development, or front and rear setbacks less than required by Section 405, or common open space elements, or private streets, shall the [sic] cause to be prepared a site development plan, at a scale of not less than one inch represents 100 feet, with the following elements:
407.7.1 
Proposed street and lot layout, including any common open space elements, in the form of a preliminary subdivision plat, as defined by Ordinance 0035 [the subdivision ordinance];[2]
[2]
Editor’s note—Original has this as 407.8.1.1.
407.7.2 
Designation of the interface between public and private streets, if private streets are proposed, and concept drawing of any proposed guardhouse, gate or other physical obstruction at such interface;
407.7.3 
Landscaping concept plan for common open space elements, if such common open space elements are proposed;
407.7.4 
Proposed buildable area for single-family detached residences if zero side yard placement is proposed, depicted and dimensioned on each zero side yard lot and each adjoining affected lot. Note: reduced lot sizes for zero side yard lots will only be allowable when abutting common open space at their rear lot lines.
407.7.5 
Proposed buildable area for single-family detached residences if either the front or rear setbacks are proposed to be reduced as allowable under Section 407.6.
407.8 
Site Development Plan Approval Procedures
Site development plans shall be subject to the review and approval of the Planning and Zoning Commission at a Public Hearing. Adjacent property owners shall be notified in the same manner as is required for a change of zoning. Reduction in lot depth and rear yard setback shall be deemed appropriate when a golf course or common open space element lies at the rear of a lot. Reduction in the front yard setback shall be deemed appropriate when dwelling units are located on cul-de-sacs or short loop streets which are projected to carry low volumes of vehicular traffic. Commission approval shall be conditioned on the principle that any deviation from the bulk regulation provided in Section 405 must provide equally well for the public health, safety and welfare. The burden shall be on the applicant to demonstrate adherence with this principle. All subsequent development and construction shall be in accordance with the Site Development Plan as approved, except that minor variations may be approved administratively by the Director of Public Works on an individual lot basis when such deviations from an approved Site Development Plan do not increase the buildable area by more than two percent nor extend the buildable area by more than five feet in any direction, and provided the Special Bulk Regulations, as defined in Section 407.6, are met.
407.9 
Restrictive Covenants Required
Any developer proposing a development with private streets, or common open space elements, or the inclusion of zero side yard lot development, shall cause to be drafted restrictive covenants. A draft of the restrictive covenants shall be provided for the review and approval of the Town of Horizon City, and the covenants shall contain a provision that precludes amendments to the same without the concurrence of the Town of Horizon City.
Restrictive covenants, when mandated by this District, shall embody the following conditions:
407.9.1 
Private Streets.
If private streets are proposed, restrictive covenants shall contain provisions whereby an association of homeowners assumes any and all maintenance responsibility and liability for the private streets, including gate structures and any associated street lighting. An easement over and across said private streets, however, shall be provided to ensure unrestricted access by emergency service providers including police and fire protection services, and utility service providers and municipal code enforcement personnel.[3]
[3]
Editor’s note—Original has this as Subsection 407.7.1.
407.9.2 
Common Open Space.
If common open space elements are proposed, restrictive covenants shall contain provisions whereby an association of homeowners assumes any and all maintenance responsibility and liability for the common open space and any elements therein. If stormwaters are to be impounded within the common open space, restrictive covenants shall contain provisions ensuring the maintenance of any stormwater conveyance elements, periodic silt removal to ensure the maintenance of adequate stormwater capacity, and vector control to ensure any standing water is reasonably free of mosquitoes or other nuisance or disease-causing vectors. An easement over and across said private streets, however, shall be provided to ensure access by police and other emergency services personnel.[4]
[4]
Editor’s note—Oringinal has this as Subsection 407.7.2.
407.9.3 
Zero Side Yards.
If zero side yards are proposed, covenants shall reserve, unto the owners of the zero side yard lots, an easement to enter upon a five-foot strip of land within the adjoining affected lot to the lot of the zero side yard lot owner to allow workmen to enter thereupon with necessary tools, equipment and materials for all usual building purposes during the erection of a zero side yard wall, and for subsequent maintenance, repair and reconstruction of said wall as may be necessary and reasonable. Restrictive covenants shall also allow municipal building officials to enter upon the five-foot easement for inspection purposes. The restrictive covenants shall specify that the zero side yard owner is to protect and save harmless the servient lot owner from any claims of any nature arising by reason of said activities, and that upon completion of the initial construction or its subsequent maintenance or repair, the zero side yard owner shall remove all scaffolding, building materials and debris and restore the surface within the easement to its like condition as far as is reasonably possible.[5]
[5]
Editor’s note—Original has this as Subsection 407.7.3.
(Ordinance 0102-013 adopted 12/14/06)
[1]
Editor’s note–Section 407 was amended in its entirety by Ordinance 0102-013 adopted 12/14/06. Prior to such amendment, section 407 pertained to the R-GV District. The title of the section was changed from “Zero Side Setback (R-GV)” to “Residential - Planned Development (R-PD).”
408.1 
Purpose
The purpose of this zoning designation is to provide for needed, properly planned and well-designed mobile home subdivisions in areas where public utilities are available to establish basic standards for the character of the use and to mitigate any adverse effect on the surrounding properties.
408.2 
Property Covered
Lots that are to be used for single-family residential purposes as permitted by the Horizon City Mobile Home Residential District Zoning Ordinance as private dwellings and rental units in the incorporated area and the extraterritorial jurisdiction.
408.3 
Permitted Uses
A. 
Lots shall have no structure erected, altered, placed or permitted to remain on any of said lots, or any part thereof, other than a single-family mobile home not to exceed one story in height to a maximum of fifteen (15) feet together with private carport or garage and other customary appurtenances to private dwellings (e.g., storage sheds).
B. 
No more than one residential mobile home shall be placed or erected on any lot or site shown on the plat map of said property. All mobile homes placed on lots within these subdivisions will be installed so as to conceal the undercarriage used for transport, and so the main floor of the unit rests at no less than six (6) and no more than twelve (12) inches above ground level. All mobile homes will be placed on a permanent foundation approved by FHA or HUD. Footings, supports or tie-downs shall meet FHA, VA or HUD specifications. All lots will be crowned at least ten (10) inches above curb level; however, this is not to be construed to permit any deviation from any design requirements for protection against ponding or floodwaters.
C. 
Carport, garages, cabanas, porches, patios, additional rooms or storage buildings may be built on any lot that has a mobile home thereon. Building permits shall be required from the City Building Inspection Department. All roof lines must be utilized and all units must meet the Federal Mobile Home Construction and Safety Standards (Title VI, Housing and Community Development Act of 1974) effective 15 June 1976.
D. 
Purchasers of lots within a subdivision shall complete construction of the residence within 180 days from date of plans (for the placing of construction of the structure). Plans for placing of the structure shall be submitted to the City Building Inspection Department not less than 60 days from date of purchase of the lot or notification that the lot is ready for occupancy, whichever comes later.
408.4 
Permitted Accessory Uses
[See] General Section [section 807]
A. 
No structure of a temporary character, trailer, tent, shack, barn, garage, sales stand or other outbuilding shall be used on any lot at any time as storage or residence either temporarily or permanently.
B. 
Temporary non-accessory tent for a special purpose.
408.5 
Prohibited Uses
A. 
No exploration, excavation or drilling development operations, refining or quarrying of any kind shall be permitted upon the property. No derrick or other structure designed for use in boring or drilling for oil, natural gas, water or any other substance shall be erected or permitted on any lot.
B. 
No commercial or business enterprise shall be conducted on any lot and no structure intended or adapted to business purposes shall be erected on any single-family lot. No signs shall be displayed on the lot except that owners may post “for sale, rent or lease” or name signs.
408.6 
General Regulations
A. 
No fence, rock or garden wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line, except that on corner lots fence, rock or garden wall may be placed or erected along the rear lot line from the interior lot line to the side street lot line, and forward along the side street lot line to the front building setback line.
The Board of Adjustment may recommend deviation if the dwelling is to face the side street. This provision shall not preclude any necessary and properly engineered retaining walls. No fence, rock, or garden wall, other then those built by the developer, shall be erected without the prior written approval of the City Building Inspection Department as to materials, location and appearance. The height of any walls shall not exceed six (6) feet.
B. 
A party wall or fence is a wall or fence constructed on a property line with a resulting encroachment on an adjoining lot by agreement of the adjoining lot owners. The duty to maintain a party wall or fence shall be shared equally. All rock walls erected by the developers, except the wall nearest the street side on corner lots are party walls.
C. 
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. No structure or planting or other material that may at any time interfere with installation or maintenance of utilities shall be placed within such easements. The utility to which the easements are reserved shall have the right to trim or remove any interfering trees or shrubs without liability. The easement areas of each lot and all improvements on it, shall be continuously maintained by the owner of said lot.
D. 
Any owner of any lot affected by any action under this part shall be permitted to file a complaint with the Town of Horizon City for relief or action under subsequent provisions.
E. 
No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the subdivision community or any inhabitant thereof. Minor maintenance and adjustments to owner’s vehicles are permitted.
408.7 
Lot Maintenance
All mobile homes must be installed at approximately ground level on a permanent foundation approved by FHA, VA or HUD. No skirting is required or permitted. All tongues and towing devices shall be removed from each mobile home immediately following installation on the lot. All tanks, evaporative coolers, air conditioners, heating units or other similar equipment, except roof-mounted units, shall be concealed from view. All roof lines must be utilized and all additions must match the sidings of the main structure in material, design and color. No stored materials of any kind shall at any time be visible. Mailboxes shall be of the standard size and location as required by the U.S. Postal Service and design will be compatible with the neighborhood. Flag poles, short-wave or CB radio and television antennas or towers with a height exceeding twenty-five (25) feet from ground level of the crowned part of the lot thereon or with a width exceeding eight (8) feet are not permitted. Short-wave or CB radio is permitted, provided that the owner at all times ensures that same shall not cause any annoyance or offense to any owners, neighbors or the community. All drying wash must be done in areas on individual lots that are completely screened from view of any adjacent lot or lots. Clotheslines or drying racks can be no more than six (6) feet in height. No washing machines, clothes dryers, freezers or other household appliances may be kept on the outside unless concealed form [from] view of any adjacent lot or lots or street.
(Ordinance 0102 adopted 1/14/03)