Zoning Ordinance FAQ’s
The process of ordinances follow a certain path. For those that are interested, here is the simple version:
1) Planning and Zoning is given a directive by City Council to research a need brought to Council’s attention i.e. zoning ordinance, light ordinance, sign ordinance etc.
2) Planning and Zoning conducts regularly scheduled open posted meetings and where necessary and/or required by law holds public hearings to review the ordinances prior to giving its formal recommendation to City Council.
3) Planning and Zoning makes its formal recommendation to City Council for consideration at a regularly scheduled City Council meeting.
4) City Council can choose to accept the recommendation made by Planning and Zoning, or, it can table it, reject it or modify it in any way it sees fit, as long as the modification has been addressed during the previous public hearings.
5) The Planning and Zoning Commission CANNOT adopt policy, it can only make recommendations. The Code Compliance Manager of the City CANNOT make changes to any recommendation or policy, he/she can only enforce the current policy adopted by City Council. City Council is the ONLY entity that can vote to adopt a recommendation and make it a policy of the City of St. Hedwig. Once the policy is adopted, the ONLY entity that can make a permanent change to it is City Council and only after the necessary public hearings have been held. The ONLY entity that can grant a variance to the policy is the Board of Adjustments, after the required Board of Adjustments hearings have been held.
Zoning Ordinance FAQ’s:
When did the St. Hedwig Zoning Ordinance take affect?
The original zoning ordinance was adopted by the St. Hedwig City Council in November 2003 after years of public hearings, Planning and Zoning Meetings and City Council meetings. In 2009, due to the fact there were two amendments relating to the document that had been adopted between 2003 and 2008 and a revamped zoning map that had been adopted in 2008, it was determined that it would be beneficial to have all documents merged into one. The 2009 St. Hedwig Zoning Ordinance was adopted by the St. Hedwig City Council in October of 2009 after a full year of public hearings, Planning and Zoning meetings and City Council meetings where all changes were discussed in meetings open to the public. The core of the Ordinance relating to building permits, setback requirements, public frontage road requirements and acreage requirements stayed the same and did not deviate from the original 2003 St. Hedwig Zoning Ordinance.
Do the Zoning District restrictions in the Ordinance apply ONLY to property located with the 30.1 square miles of St. Hedwig City Limits?
YES, zoning district restrictions apply only to property located within the City Limits of St. Hedwig. For a current map of those districts please see the Ordinance page of this website. There are residential districts as well as a Historical Downtown District and various Commercial/Light Industrial districts color coded on the map. A copy of the map is also located inside City Hall and available for viewing during City Hall hours from 5-7pm Monday and Thursday of each week (unless otherwise posted). If you do not know if the property is located within the City Limits, the easiest way to find out is to look at the taxing jurisdiction listed on the property taxes. If taxes are paid to the City of St. Hedwig, the property is located within the City Limits.
When was the Zoning Map adopted?
The original Zoning Map was adopted in 2003 during the same time as the Zoning Ordinance. In 2007 the Planning and Zoning Commission began 2 years of meetings and discussions, all open to the public, as well as 4 different public hearings throughout 2008 and 2009 related to the Zoning Map. New districts were proposed in 5 different map versions including commercial districts, a Historic Downtown District and a residential area in St. Hedwig that was recommended to allow for 2.5 acre parcels. Open Houses were held on a minimum of two occasions prior to public hearings so that the Citizens of St. Hedwig would be able to view the different versions and express their opinion during the hearings. The Planning and Zoning Commission presented its recommendation in 2009 to City Council to include the version that allowed for the 2.5 acre residential parcels. Ultimately the St. Hedwig City Council chose to adopt the 2009 Zoning Map that maintained the 5 acre residential parcel minimum and included the 2 commercial districts as well as the Historic Downtown District.
What are the main items in the Zoning Ordinance relating to residential properties?
1) Within the City Limits of St. Hedwig acreage requirements for residences are a minimum of 5 acres, unless written proof via a deed or survey shows the property was subdivided to smaller than the 5 acre minimum prior to November 2004.
2) All structures including residential structures, agricultural storage units, carports and garages require a building permit. The setbacks allowed in the zoning ordinance are 25 feet from the side and rear property lines and 75 feet from the front property line.
3) All properties located in the City Limits must have a minimum 100 foot frontage to a public road.
4) One extended family residence of 1000 square foot or less is allowed on each property as long as it is located behind the primary residence and does not have a separate driveway.
What if my property is not able to meet the requirements listed above due to circumstances beyond my control?
If property cannot meet the minimum requirements related to setbacks, frontage or size a Board of Adjustments hearing is required for the property owner to request a variance to the Ordinance. Property CANNOT be granted a variance by any other entity other than the Board of Adjustments. For more information on a Board of Adjustments hearing, please see the Board of Adjustments page on this website.
Are there restrictions on the type of residence I can build on property located within the City Limits?
An individual landowner is not restricted to any type of residential structure other than the fact it must be a single family residence and must abide by the setback, road frontage and acreage minimums.
Are there restrictions on the type of residence I can build on property located in St. Hedwig’s ETJ?
Specific restrictions to the type of allowable residence and parcel size on property located in the ETJ apply ONLY to current and future High Density Residential Developments.
Are there any restrictions on the amount of livestock, dogs, horses, etc allowed per residence in the Zoning Ordinance?
Commercial breeding or feeding of animals, birds, poultry, fish or reptiles is prohibited in residential districts. The operation of a commercial dairy, dog boarding kennel or veterinary hospital, or the operation of a commercial livery or boarding stable for horses, a riding academy, or rodeo or roping arena is also prohibited. The restriction shall not be construed to prohibit the keeping of a reasonable number of domestic animals for family enjoyment, but where such domestic animals are kept, the premises shall be maintained in a clean condition and in a manner to avoid excessive noise, the breeding of flies or the production of noxious odors.
Are there any restrictions relating to Residential Home Office Businesses in the Zoning Ordinance?
Home Office businesses are allowed in the residential districts as long as it does not regularly cause clients or customers to come to the premises in a manner that disturbs the peace and quiet of the adjacent neighbors and/or community. The entrance to the Home Office is required to be within the dwelling, meaning a separate building cannot be used for conducting the home office business in a residential district.
