Hawk Cove:Ord 05-100

Codification Notes:

Ord. No.	Adopted	Codified	Status
05-100	Mar 21, 2023	TITLE 8	ACTIVE

Revision 1 - 12/11/2017

Revision 2 - 12/11/2018

Revision 3 - 02/12/2019

Revision 4 - 03/21/2023

ORDINANCE NO. 05-100

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS ESTABLISHING SET BACKS ON ALL HOMES BEING BUILT, OR NEW OR EXISTING SITE BUILT OR MANUFACTURED HOMES BEING MOVED TO PROPERTY IN THE CITY OF HAWK COVE.

WHEREAS, The City Council deems it necessary that an ordinance be passed to. establish setbacks before a structure can be put on ones property

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS:

Section 1. Lot Requirements From Property Line - Primary Structure. (Nominal)

a. Minimum of front yard setback 25 ft. from Deeded Front Property Line (includes 5 ft easement).

b. Minimum of back yard 10 ft, unless lot inadequate depth for minimum size.

c. Minimum of side yard 10 ft, unless lot inadequate width for minimum size.

d. Requests for setbacks less than minimums considered on case by case basis by the Chief Building Official. Concessions to a minimum of 6' can be considered if warranted.

e. Outbuildings / Storage sheds-Setback of 5 ft minimum - Side & Rear_ of lot only; cannot be located forward of front line of house.

f. Building or move-in Permit application to include survey, proposed site plan and building specifications; submitted to Chief Building Official for review and determination of minimum / maximum size structure, setbacks and construction standards. Review fee may be required.

g. Vacant existing properties must be inspected for condition, health and safety compliance before Certificate of Occupancy will be issued. Inspection fee required.

h. Minimum gross living area nominally considered to be 1000 sq ft. If lot size is inadequate to allow such structure or there are specific reasons a home of lesser size is requested, a copy of survey with proposed home location footprint and plans / specification or details of structure must be submitted to Chief Building Official for review of suitability for deviation from nominal standards. In no event may home be less than 450 sq. ft. If deviations requested are determined by Chief Building Official or his/her designee to be substantial, request must be submitted to City Council for approval before permit issued.

i. Residence must have driveway of approved material, with a 20 ft minimum culvert, 15 inches minimum diameter. Culverts less than specified require prior approval.

j. Drive and / or additional parking areas must be of acceptable paving or surface and must have space to park minimum of 2 vehicles; there is NO parking in yard, right of way, easement, or on street.

Requirements for moving Existing House / Manufactured Home onto / off property.

All residents moving an existing structure over 8 ft wide or 20 ft long on or off of their property are required to obtain moving permit and notify City Hall of the date of move.

Hawk Cove Maintenance Personnel or Police Officer must escort structure to or from the property to ensure no damage to city or private property and for traffic control due to oversize loads.

The property owner is ultimately responsible for any damage.

Section 2.

Any person, firm or corporation violating any provision of this ordinance Shall be fined up to Five Hundred and No/ Dollars ($500.00) and separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Section 3. Repeal of conflicting Ordinances

This ordinance shall be and is hereby declared to be cumulative of all other related ordinances of the City of Hawk Cove, and this ordinance shall not operate to repeal or affect any such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinances are hereby repealed. Changes to this Ordinance does approve related language revisions to Ordinance 100-11 (fees) for conformity of requirements.

Section 4. Severability

If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such validity, which remaining portions shall remain in full force and effect.

Section 5. Penalty

Any person violating the terms and provisions of this Ordinance shall, upon conviction, be punished by a fine not more than Five Hundred Dollars ($500.00) and each and every day this ordinance is violated shall constitute a separate offense.

Section 6. Providing an Effective Date

The Ordinance shall become effective immediately upon its passage.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF MARCH 2023.