1-1
That the Zoning
Ordinance of the Town of Double Oak, Texas, as passed and approved
on the 27th day of February, 1988, together with all amendments thereto
(except as herein contained) is hereby amended in its entirety to
read as follows:
(Ordinance 37 adopted 2/27/88)
2-1
The Zoning
Regulations and Districts as herein established have been made for
the purpose of promoting the health, safety, morals and general welfare
of the Town. They have been designed to lessen the congestion in the
streets; to secure safety from fire, panic and other dangers; 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, sewage, schools, parks and other public
requirements. They have been made with reasonable consideration, among
other things, for the character of the district, and its peculiar
suitability for the particular uses specified; and with a view to
conserving the value of adjacent property, buildings and encouraging
the most appropriate use of land throughout the Town.
(Ordinance 37 adopted 2/27/88)
3-1
The Town of
Double Oak is hereby divided into nine (9) zoning districts and one
(1) flood plain overlay subdistrict. The use, height, and area regulations
as set out herein are uniform in each district. The districts established
herein shall be known as:
|
Abbreviated Designation
|
Zoning District Name
|
Section
|
|---|---|---|
|
AG-1
|
Agricultural District 1
|
8
|
|
AG-2
|
Agricultural District 2
|
9
|
|
SF
|
Single-Family District
|
10
|
|
RE
|
Ranch Estate District
|
11
|
|
PD
|
Planned Development District
|
12
|
|
B
|
Business District
|
13
|
|
O
|
Office District
|
14
|
|
R
|
Retail District
|
15
|
|
SP
|
Specific Use Permit District
|
16
|
|
FP
|
Flood Plain Subdistrict
|
17
|
3-2
Summary Purpose
of Zoning Districts
“AG-1” Agricultural District. This district classification serves as a temporary classification
for areas of undeveloped land of less than 3 acres on which farming
and raising of cows and/or horses may be conducted until given a permanent
classification.
“AG-2” Agricultural District. This district classification serves as a permanent classification
for areas of undeveloped or developed land containing 3 acres or more
on which farming and raising of cows and/or horses may be conducted
and on which a single-family dwelling may be constructed.
“SF” Single-Family. The principal
use of land in this district is for single-family dwellings of at
least 1,600 square feet in size on lots of at least 1 acre and related
recreational, religious and educational facilities normally required
to provide the basic elements of a balanced, orderly, convenient,
and attractive residential area.
“RE” Ranch Estate District. The principal use of land in this district is for single-family
dwellings of at least 2,300 square feet in size on lots of at least
1 acre and related recreational, religious and educational facilities
normally required to provide the basic elements of a balanced, orderly,
convenient, and attractive residential area.
“PD” Planned Development District. The Planned Development District is intended to provide for the
combining and mixing of uses allowed in various districts with appropriate
regulations, and to permit growth flexibility in the use and design
of land and buildings in situations where modification of special
provisions of this Ordinance is not contrary to its intent and purpose
or significantly inconsistent with the planning on which it is based
and will not be harmful to the neighborhood. A PD District may be
used to permit new and innovative concepts in land utilization. The
zoning requirements of land having “Planned Development”
zoning are detailed in writing in the adoptive ordinance or shown
on the “Development Plan” that is attached to and made
a part of the adoptive ordinance that grants the zoning change. The
adoptive ordinance may establish requirements by reference to the
basic zoning ordinance or may list specific conditions or requirements.
“B” Business District. This
district is to allow the development of an office and business district
with offices and stores grouped together, designed to serve the needs
of the surrounding residential neighborhood providing professional
services and goods that are classified as convenience goods. This
district was formerly designated as “BOP” and any reference
elsewhere in this Code of Ordinances shall refer to this “B”
Business District.
“O” Office District. This
district is to allow the development of an office park setting with
offices grouped together designed to serve the needs of the surrounding
residential neighborhood, providing professional and semiprofessional
services. This designation may abut areas zoned Residential and shall
act as a buffer between residential and retail zoned districts.
“R” Retail District. This
district is to allow the development of a business district with offices
and stores grouped together designed to serve the needs of the surrounding
residential neighborhood, providing professional services and goods
that are classified as convenience services and/or goods.
“SP” Specific Use Permit. The Specific Use Permit District is a specific zoning classification.
The uses that normally fall into the specific use category are uses
that have unique characteristics that may, depending on the location
or condition of the property, require different regulations not otherwise
listed under the basic zoning districts. For this reason, when an
applicant seeks a change of zoning for a use listed in the Specific
Use Section, the Planning and Zoning Commission may recommend, and
the Town Council may impose, necessary additional special zoning conditions.
“FP” Flood Plain - Prefix. The flood plain overlay designation “FP” on the zoning
map is a subdistrict zoning classification that refers to a specific
area subject to flooding. When this subdistrict designation “FP”
is noted on the official zoning map, it shall designate land areas
that have been identified as areas of special flood hazard by flood
insurance studies and officially designated as such by the Town Council.
This subdistrict shall overlay the basic zoning classification of
the property to provide appropriate regulation for the use of land
that has a history of inundation or is determined to be subject to
flood hazards.
(Ordinance 05-32, sec. 1, adopted 12/19/05; Ordinance 05-32, sec. 2, adopted 12/19/05)
4-1
The boundaries
of the zoning districts set out herein are delineated on the Zoning
District Map of the Town of Double Oak, Texas, said map being hereby
adopted as a part of this ordinance as fully as if the same were set
forth herein in detail.
4-2
It is not
the intent of this ordinance to change the zoning classification of
any property heretofore zoned under the Town's prior Zoning Ordinance,
as amended, and to the extent there should be any variance between
the map adopted by this ordinance and such zoning classification,
such prior zoning shall remain in full force and effect until otherwise
changed by proper public hearings and amendment ordinance, and any
error on the map adopted by this ordinance may be corrected to reflect
the proper zoning classification without the necessity of amendment.
4-3
After the
effective date of this ordinance all requests for zoning changes shall
be made pursuant to this ordinance, and if zoning changes and use
designations are made by the Town Council they shall be made under
the terms and provisions of this ordinance, in accordance with the
Districts and the regulations herein established.
4-4
Two (2) original,
identical copies of the Zoning District Map adopted by this ordinance,
bearing the signature of the Mayor and attestation of the Town Secretary
and shall be maintained as follows:
(1)
One copy
shall be marked "Original Zoning Map Adopted by Ordinance No. __________"
This copy shall be retained by the Town Secretary as the copy attached
to this ordinance and shall not be changed in any manner.
The second copy shall be marked "Official Zoning Map of the
Town of Double Oak, Texas, Adopted by Ordinance No. __________, and
as thereafter amended." This copy shall be maintained as the official
zoning map of the town by posting thereon all zoning changes and subsequent
amendments so that such map shall reflect the current zoning of property
within the town.
(2)
After the
adoption of an ordinance changing the zoning on any tract shown on
the official zoning map, such area shall be marked on the map with
a notation giving the ordinance number and date of adoption.
(3)
Reproductions
of the Official Zoning Map may, from time to time, be made for information
purposes.
(Ordinance 37 adopted 2/27/88)
5-1
The district
boundary lines shown on the zoning map are usually along streets,
alleys, property lines or extensions thereof. Where, after review
of the legal description in any original adoptive ordinance, uncertainty
exists as to the boundaries of districts shown on the official zoning
map, the following rules shall apply:
5-2
Boundaries
indicated as approximately following streets, highways or alleys shall
be construed to follow the center line of such street, highway or
alley.
5-3
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lines.
5-4
Boundaries
indicated as approximately following city limits shall be construed
as following city limits.
5-5
Boundaries
indicated as following railroad or utility lines shall be construed
to be the center line of the right-of-way or if no center line is
established, the boundary shall be interpreted to be midway between
the right-of-way lines.
5-6
Boundaries
indicated as approximately following the center lines of streams,
drainage-ways or other bodies of water shall be construed to follow
such center lines.
5-7
Boundaries
indicated as paralleled to or extensions of features indicated in
5-1 through 5-6 above shall be so construed. Distances not specifically
indicated on the original Zoning Map shall be determined from the
graphic scale on the Map.
5-8
Whenever any
street, alley or other public way is vacated by official action of
the Town Council, or whenever street or alley area is franchised for
building purposes, the zoning district line adjoining each side of
such street, alley or other public way shall be automatically extended
to the center line of such vacated street, alley or way, and all area
so involved shall then and henceforth be subject to all regulations
of the extended districts.
5-9
Where physical features of the ground are at variance with information shown on the official Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections 5-1 through 5-8 or the zoning of property is invalidated by a final judgment of a Court of competent jurisdiction, the property shall be considered as classified temporary "AG-l," Agricultural District if the tract is less than three acre and "AG-2" if the tract is three acres or over.
(Ordinance 37 adopted 2/27/88)
6-1
All territory
containing less than 3 acres, hereinafter annexed to the Town of Double
Oak shall be classified as "AG-1 Agricultural District.
6-2
All territory
containing 3 acres or more, hereinafter annexed to the Town of Double
Oak shall be classified as "AG-2" Agricultural District.
(Ordinance 37 adopted 2/27/88)
7-1
All land,
buildings, structures or appurtenances thereon located within the
town of Double Oak, Texas, which are hereafter occupied, used, erected,
altered, removed, placed, demolished or converted shall be occupied,
used, erected, altered, removed, placed, demolished or converted in
conformance with the zoning regulations prescribed for the zoning
district in which such land or building is located as herein provided.
7-2
A person commits
an offense if the person violates this ordinance. An offense under
this ordinance is a misdemeanor punishable by fine and in addition
to being unlawful, if a building or other structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained or if a
building, other structure, or land is used in violation of this ordinance,
the Town of Double Oak, through its Town Council may institute appropriate
action to:
(1)
prevent
the unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use;
(2)
restrain,
correct, or abate the violation;
(3)
prevent
the occupancy of the building, structure, or land; or
(4)
prevent
any illegal act, conduct, business, or use on or about the premises.
(Ordinance 37 adopted 2/27/88)
8-1
General Purpose
and Description:
This district classification serves
as a temporary classification for areas of undeveloped land of less
than 3 acres on which farming and raising of cows and/or horses may
be conducted until given a permanent classification.
8-2
Use Regulations:
The land or premise shall be used only for the following purposes:
(1)
Agricultural
Use:
Temporary farming and raising of cows and/or horses. Upon compliance
with all other ordinances and laws, one animal may be kept on the
first acre. For each additional adjoining half-acre, one additional
such animal may be kept.
a.
The agricultural
use must not cause a hazard to health by reason of unsanitary conditions;
must not be offensive by reason of odors, dust, fumes, or noise; and
must not otherwise be detrimental to the public welfare.
b.
The agricultural
use may include the construction and use of barns, private stables
and loafing sheds as accessory buildings meeting the requirements
of this Section.
c.
A permanent
classification must be obtained before any structure other than barns,
private stables or loafing sheds may be constructed. All existing
structures are grandfathered.
(2)
Other
Uses:
a.
Any other
use as may be permitted with a Specific Use Permit.
b.
Temporary
buildings require a Specific Use Permit, with a one (1) year maximum
with no option for renewal.
c.
No person
shall construct or occupy any dwelling or use any structure within
the AG-1 Agricultural District as a permanent residence.
(3)
Accessory
Building Regulations:
|
Type:
|
Barns, private stables and/or loafing sheds.
| |
|---|---|---|
|
Maximum Number:
|
Barn:
|
one.
|
|
|
Stable:
|
one.
|
|
|
Loafing shed:
|
one.
|
|
Maximum Height:
|
One Story.
|
|
|
Location:
|
Located at least 30 feet from any property line of an adjacent
owner, at least 40 feet from any dwelling on any adjacent property,
and at least 40 feet from any road.
| |
NOTICE: Barns, stables or loafing sheds shall not be
permitted to remain as nonconforming structures if after construction
of a dwelling they will not conform to all regulations of the particular
zoning district. Therefore, if barns, stables, or loafing sheds are
to be used on property that may later be considered for any other
zoning classification which would permit a single-family dwelling,
careful consideration of the location of these structures on the property
in relation to the possible future location of a dwelling should be
made. For example, barns are not permitted in other residential classifications,
and stables and loafing sheds are permitted only behind the rear line
of the dwelling, with specific side and rear yard setbacks.
(Ordinance 37 adopted 2/27/88)
9-1
General Purpose
and Description:
This district classification serves
as a permanent classification for areas of undeveloped or developed
land containing 3 acres or more on which farming and raising of cows
and/or horses may be conducted and on which a single family dwelling
of at least 2,300 square feet may be constructed.
9-2
Use Regulations:
The land or premise shall be used only for the following purposes:
(1)
Agricultural
Use:
Agriculture, including any customary agricultural building and
structure, and such uses as livestock ranges, general ranching, farming,
the raising of crops, fruit, and vegetables, horses, cattle, or poultry,
on a commercial or business basis and upon compliance with all other
ordinances and laws. One cow or horse may be kept on the first acre.
For each additional adjoining half-acre, one additional such animal
may be kept. For any other animal, a permit must be approved by the
Town Council.
a.
The agricultural
use must not cause a hazard to health by reason of unsanitary conditions;
must not be offensive by reason of odors, dust, fumes, or noise; and
must not otherwise be detrimental to the public welfare.
b.
The agricultural
use may include the construction and use of barns, private stables
and loafing sheds as accessory buildings meeting the requirements
of this Section.
c.
All existing
structures are grandfathered.
(2)
Other
Uses:
a.
Parks,
playgrounds, community buildings, museums and other public recreational
facilities, owned and/or operated by the municipality or other public
agency; and privately owned and maintained playgrounds and like recreation
areas.
b.
Public
buildings, including libraries, museums, police and fire stations,
and similar public uses or facilities.
c.
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work, one year maximum with no option for renewal.
A permit shall be required.
d.
Churches
and Public Schools (kindergarten through high school), shall be considered
a permitted use, however, a specific use permit zoning change must
be applied for and granted pursuant to the Specific Use Section of
this ordinance in order to provide conditions to protect health, provide
safety and regulate traffic as related to these uses.
e.
Such other
uses as may be permitted with a Specific Use Permit.
9-3
Principal
Building (Dwelling or Structure):
All single family dwellings
must meet the following requirements:
Minimum Building Size: 2,300 square feet,
exclusive of garages, breezeways and porches.
Maximum Height: 30 feet or not more than
two and one-half (2-1/2) stories.
Maximum Lot Coverage: Principal Building
not to exceed 10% of total area.
Exterior Construction: At least 70% of
the exterior walls of the first floor of all structures, including
frame work surrounding all doors and windows, shall be of masonry
construction, exclusive of doors, windows, the area above the top
plate line, gables and roofs. The 70% masonry requirement shall also
apply to all additions or modifications to the Principal Building
and to all attached garages.
Front Yard: Minimum depth from edge of
road easement to front of principal building shall be at least 45
feet.
Side Yard: Setback of at least 20 feet
from any property line or road easement, whichever is closer.
Rear Yard: Setback of at least 35 feet
from the rear property line.
9-4
Accessory
Building Regulations
(1)
Classifications.
All accessory buildings must be of one of the following types.
a.
Type 1:
This type or class of accessory building consists of accessory
buildings that support the agricultural use of the property as defined
or permitted in Section 9-2(1), such as barns, loafing sheds, private
stables or tool/equipment sheds. Electricity and water connections
are permitted. Use as additional living quarters is prohibited.
b.
Type 2:
This type or class of accessory building consists of accessory
buildings that are not used for the support of livestock or crops
or other agricultural use. Shop or recreation building, swimming pool
cabana, boat storage, detached garage for boat, recreational vehicle
and motor vehicle storage, home office, or stable are permissible.
Major accessory buildings shall not be used as rental property, guest
houses or servant's quarters. If toilet and/or shower facilities are
provided, adequate wastewater disposal must be provided and approved
by the appropriate Town representative. Major accessory buildings
may not be used for commercial purposes and may not be used as rental
property. No Type 2 accessory building will be permitted unless there
is a principal residential dwelling on the property. No carports or
other exterior structures designed or intended for the storage of
vehicles or boats, whether attached or free-standing, shall be allowed
and are expressly prohibited; provided, however, that a porte-cochere
for the main entrance of the residential dwelling may be permitted.
(2)
Major
Accessory Buildings:
A building permit is required for
all major accessory buildings prior to the commencement of construction.
a.
Type 1
Major Accessory Buildings
Location: Located at least 30 feet from
any property line of an adjacent owner, at least 40 feet from any
dwelling on any adjacent property and at least 40 feet from any road.
Type of Exterior
Construction: The building's construction
materials may be of wood, brick, simulated wood, vinyl, painted aluminum,
or corrugated, galvanized sheet metal.
b.
Type 2
Major Accessory Buildings
Maximum Size: 1,000 square feet of usable enclosed area. As an exception to the
foregoing maximum size requirement, a Type 2 major accessory building
may not exceed 1,200 square feet of usable enclosed area if there
is no minor accessory building. If two (2) stories the footprint of
the accessory building is to be reduced in proportion, so that the
total usable space does not exceed the maximum size requirement. Porch
areas may not exceed an additional 20% of the total usable enclosed
area.
Maximum Height: Two (2) stories or 30
feet to roof peak. Total height may not exceed that of the principal
dwelling.
Location: Must be located completely
behind the rear line of the residential building. Setback shall be
at least 15 feet from any property line or road easement, whichever
is closer.
Door: One (1) 12 feet wide by 14 feet
high maximum size door which may face the front and one (1) entry
type door which may not exceed 48 inches in width. For safety purposes,
a minimum of two (2) openings is required.
Exception: It shall be an exception to the foregoing requirement
if the structure has one (1) 16 foot by 10 foot door or two (2) 9
foot by 10 foot doors, provided that they may not face the front of
the structure or any public street and that the construction of the
building must be 70% brick or masonry construction substantially similar
in color, composition and design as the main residential building.
At least two (2) openings shall be required.
Type of Exterior
Construction: The building's construction
materials must be substantially similar in color, composition and
design as that of the residential building, and at least 70% of the
structure must be brick or masonry and generally meet the requirements
for the principal residential building. Sheet metal siding is expressly
prohibited. Roofing material must also be substantially similar in
color, composition and design as that of the residential building
and comply with the Town's Roofing ordinance. A major accessory building
which is 500 square feet or less of usable space is exempted from
the foregoing 70% brick or masonry requirement but must be substantially
similar in color, composition and design of the principal dwelling
and generally meet the requirements for the principal residential
building.
Foundation: A concrete foundation is
required for all Type 2 major accessory buildings.
(3)
Minor
Accessory Building
(including pre-fabricated buildings
and buildings on skids).
a.
Type 2
Minor Accessory Building:
Storage for tools, lawn care
equipment etc., will be permitted only in connection with the residential
dwelling on the property.
|
Maximum Size:
|
200 square feet footprint.
|
|
Maximum Height:
|
One story, not to exceed 18 feet to roof peak.
|
|
Location:
|
Must be located behind the rear line of the residential dwelling
and at least 8 feet from the property line or road easement, whichever
is closer.
|
Type of Exterior
Construction: The building's construction
material must be substantially similar in color, composition and design
as that of the residential building, be of wood, brick, simulated
wood, vinyl or factory painted aluminum. Sheet metal siding is expressly
prohibited. Roofing materials must also be substantially similar in
color, composition and design as that of the residential building
and comply with the Town's Roofing ordinance. Greenhouses may be made
of glass or like products.
9-5
Driveways.
The construction of a driveway shall require a separate permit.
9-6
Private Swimming
Pool.
A private swimming pool will be permitted only in connection
with a residential dwelling. Both in-ground and above-ground pools
require a fence at least 4 feet in height with no gaps or openings
larger than 4 inches and with all gates to be self-latching and self
closing. Any pool must be located at least 4 feet from the property
line or road easement, measured from water's edge.
9-7
Fences.
Wood, plastic, metal or wire may be used to corral animals.
Barbed wire and electric fences are permitted.
NOTICE: If a different zoning classification is later sought
or imposed on the property, barns, stables or loafing sheds shall
not be permitted to remain as nonconforming structures if after construction
of a dwelling they will not conform to all regulations of the particular
zoning district. Therefore, if barns, stables, or loafing sheds are
to be used on property that may later be considered for any other
zoning classification which would permit a single-family dwelling,
careful consideration of the location of these structures on the property
in relation to the possible future location of a dwelling should be
made. For example, barns are not permitted in other residential classifications,
and stables and loafing sheds are permitted only behind the rear line
of a dwelling, with specific side and rear yard setbacks.
In addition to the foregoing, fences will have to conform to
specifications for residential classifications where barbed wire is
expressly prohibited. New driveways will have to be constructed of
asphalt, concrete, paving bricks or gravel. However, driveways made
of gravel will have to be paved with asphalt, concrete, paving bricks
or other approved surfacing material when a new zoning classification
is later sought.
(Ordinance 37 adopted 2/27/88)
10-1
General
Purpose and Description of the Single Family Estate District:
The principal use of land in this district is for single-family
dwellings of at least 1,600 square feet in size and lots of at least
1 acre, and related recreational, religious and educational facilities
normally required to provide the basic elements of a balanced, orderly,
convenient, and attractive residential area. Low density residential
areas shall be protected from higher density residential development
and from the encroachment of incompatible uses.
10-2
Use Regulations:
A building, dwelling, structure or premise shall be used only
for the following:
(1)
“Single-family
Dwelling” with an Attached Garage (2 car minimum).
An “Attached Garage” is a Side Entry or Rear Entry
private garage that is a physical part of the dwelling or one having
a substantial physical connection with or under the roof line of the
Single-family Dwelling. Front entry private garages shall be permitted
only if the door opens into an enclosed courtyard separated from the
front yard of the main residence by another garage or similar building
or by a masonry wall of six (6) feet in height constructed of the
same material as the main residential structure. Such additional garage,
building or wall must also comply with all pertinent set-back provisions.
For corner lots, the garage door may face the side street without
an enclosed courtyard.
(2)
Additional
“Detached Garage” only as an accessory use meeting the
requirements of a Major Accessory Building, 40 feet from the main
structure. All driveways connecting any public street or alley with
the Detached Garage shall be constructed of concrete, asphalt or paving
brick.
(3)
Parks,
playgrounds, and other public recreational facilities, owned and/or
operated by the municipality or other public agency; and privately
owned and maintained playgrounds and like recreation areas.
(4)
Public
buildings, including libraries, museums, police and fire stations,
and similar public uses or facilities.
(5)
Real estate
sales offices during the development of residential subdivisions,
but not to exceed two years.
(6)
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work. A permit shall be required with a one year maximum
with no option for renewal.
(7)
Churches
and Public Schools (kindergarten through high school), shall be considered
a permitted use, however, a specific use permit zoning change must
be applied for and granted pursuant to the Specific Use Section of
this ordinance in order to provide conditions to protect health, provide
safety and regulate traffic as related to these uses.
(8)
Such other
uses as may be permitted with a Specific Use Permit.
(9)
The following
Accessory Uses if such uses are conducted within the principal building
in connection with the primary use of a “Single-family Dwelling:”
a.
A “customary
home occupation” that does not include visits by customers or
the general public with a greater frequency than four per day.
b.
Guest
Quarters and servant quarters for persons in the employ of the family
occupying the principal dwelling.
c.
Private
swimming pool. Both in-ground and above-ground pools require a fence
at least 4 feet in height with no gaps or openings larger than 4 inches,
and with all gates to be self-latching and self closing. Any pool
must be located within the setbacks specified in Section 10-4, measured
from water edge.
d.
Upon compliance
with all other ordinances and laws, one horse, or equine (horse related
animal), may be kept on the first acre on which the primary residence
is located. For each additional adjoining half-acre, one additional
such animal may be kept. At least 10,000 square feet of the property
must be dedicated and available for use for each horse. Private “stable
or loafing shed” uses may be conducted in a Minor Accessory
Building meeting the requirements of Section 10-5(1).
e.
“Greenhouse”
for non-commercial usage conducted in a Minor Accessory Building meeting
all the requirements of such an accessory building.
f.
Off street
parking (uncovered) may be provided for vehicles having valid and
current license plates, registration, and inspection certificates
or stickers or for boats with valid and current registration numbers,
plates, certificates and stickers, as follows:
(i)
If
located in front of the front line of the residence, off-street parking
may be provided for cars, vans, and pick-up trucks not exceeding one-ton
gross vehicle weight rating. The parking area and all driveways and
drive approaches must be constructed of concrete, asphalt, or paving
brick.
(ii)
If located on the side of the residence, off-street parking shall
be located behind the front line of the residence and may be provided
for cars, vans, pick-up trucks and trucks with a gross vehicle weight
rating of not more than 1 1/2 tons; or, one camper, travel trailer
or recreational vehicle; or one pleasure boat and boat trailer, none
of which may exceed forty (40) feet in length. The driveways and drive
approaches must be constructed of concrete, asphalt, or paving brick.
(iii)
If located behind the rear line of the residence, off-street parking
may be provided for properly registered (to the extent required by
law) cars, vans, pick-up trucks, trucks with a gross vehicle weight
rating of more than 1 1/2 tons, campers, travel trailers, utility
trailers, recreational vehicles, or pleasure boats and boat trailers,
none of which may exceed forty (40) feet in length. Not more than
three (3) of any of the foregoing vehicles may be parked at one time.
No additional vehicle in excess of the three-vehicle maximum shall
be permitted within the off-street parking area unless the property
owner or occupant shall first have obtained the written permission
of all property owners within two hundred (200) feet of the property
line of the premises, excluding streets and alleys. The parking area
may be of any hard, all weather surface, whether or not improved,
including grass.
10-3
Minimum
Size of Lot:
Lot Area: One (1) acre (43,560 square
feet).
Lot Width: 150 feet.
Lot Depth: 200 feet.
10-4
Principal
Building (Dwelling or Structure):
Minimum Building Size: 1,600 square feet,
exclusive of garages, breezeways and porches.
Maximum Height: 30 feet or not more than
two and one-half (2½) stories.
Maximum Lot Coverage: Principal building
not to exceed 20% of total lot area.
Exterior Construction: At least 70% percent
of the exterior walls of the first floor of all structures, including
all frame work surrounding all doors and windows, shall be of masonry
construction exclusive of doors, windows, the area above top plate
line, gables and roofs. The 70% masonry requirement shall also apply
to all additions or modifications to the principal building and to
all attached garages and attached accessory buildings.
Front Yard: Minimum depth from edge of
road easement to front of Principal Building - 45 feet.
Side Yard: Setback of at least 20 feet
from the property line or road easement, which ever is the closest.
Rear Yard: Setback of at least 35 feet
from the property line.
10-5
Accessory
Building (Detached):
(1)
Minor
Accessory Building:
(including pre-fabricated buildings
and building on skids.)
Type:
a.
“Storage”
type for tools, lawn care equipment, etc., and,
b.
Gazebo
or pavilion
c.
“Stable
or loafing shed” type for animals.
|
Maximum Size:
|
Storage type:
|
200 square feet footprint
|
|
|
Gazebo or pavilion:
|
200 square feet footprint
|
|
|
Loafing shed:
|
200 square feet footprint
|
|
|
Stable:
|
200 square feet footprint
|
|
Maximum Number: Two (2) (provided no
major accessory building exists); only one (1) minor accessory building
may be a stable or loafing shed. If a major accessory building of
1,000 square feet or less exists, only one (1) minor accessory building
shall be allowed. No minor accessory building will be allowed if a
major accessory building over 1,000 square feet exists. The following
table illustrates the maximum number of accessory buildings, including
pavilion or gazebos allowed for each property:
|
|
Maximum Number of Accessory Buildings
| |||
|---|---|---|---|
|
Minor
|
Major
(1000 sf)
|
Major
(1200 sf)
|
Gazebo/Pavilion
|
|
2
|
none
|
none
|
1
|
|
1
|
none
|
none
|
2
|
|
1
|
1
|
none
|
1
|
|
none
|
none
|
1
|
1
|
|
Maximum Height: One story, not to exceed
18 feet to roof peak.
| |
|
Location: Must be located behind the
rear line of the residential dwelling and at least 15 feet from any
other structure.
| |
|
Side Yard/Rear Yard:
| |
|
a.
|
Storage type: Setback of at least 8 feet from the property line
or road easement, which ever is the closest.
|
|
b.
|
Stable or loafing shed: Located at least 30 feet from any property
line of an adjacent owner, at least 40 feet from any dwelling on any
adjacent property and at least 40 feet from any road.
|
|
Type of Exterior Construction: The building’s
construction material must be substantially similar in color, composition
and design as that of the residential building, and be of brick, wood,
simulated wood, vinyl or factory painted aluminum. Sheet metal siding
is expressly prohibited. A gazebo/pavilion is defined as an open structure
without walls; railings are permissible. Roofing material must also
be substantially similar in color, composition and design as that
of the residential building and comply with the Town’s Roofing
ordinance. Greenhouses may be made of glass or like products.
| |
(2)
Major
Accessory Building:
Type: Shop or recreation building, swimming
pool cabana, boat storage, detached garage for boat, recreational
vehicle and motor vehicle storage, home office, or stable. Major accessory
buildings shall not be used as rental property, guest houses or servant’s
quarters. If toilet and/or shower facilities are provided, adequate
wastewater disposal must be provided and approved by the appropriate
Town representative. Major accessory buildings may not be used for
commercial purposes and may not be used as rental property.
Note. No carports or other exterior structures designed or intended
for the storage of vehicles or boats, whether attached or free-standing,
shall be allowed and are expressly prohibited; provided, however,
that a porte-cochere for the main entrance of the residential dwelling,
may be permitted
Maximum Size: 1,000 square feet of usable
enclosed area, where enclosed area is defined by the inside dimensions
and usable area as any area which has side walls of at least 4 feet
in height. As an exception to the foregoing maximum size requirement,
a major accessory building may not exceed 1,200 square feet of usable
enclosed area provided there is no minor accessory building on the
property, except one pavilion or gazebo. If two stories, the footprint
of the major accessory building is to be reduced in proportion, so
that the total, usable enclosed area does not exceed the maximum size
allowed.
A porch, if attached to the main structure, whether under roof
or not, may not exceed in size an additional 20% of the total footprint
of the building itself. If a larger porch is desired, the usable enclosed
area must be reduced proportionally so that the total under roof does
not exceed 1200 square feet or 1440 square feet respectively.
Maximum Number: One (1). The following
table illustrates the maximum number of accessory buildings, including
pavilion or gazebos allowed for each property:
|
Maximum Number of Accessory Buildings
| |||
|---|---|---|---|
|
Minor
|
Major
(1000 sf)
|
Major
(1200 sf)
|
Gazebo/Pavilion
|
|
2
|
none
|
none
|
1
|
|
1
|
none
|
none
|
2
|
|
1
|
1
|
none
|
1
|
|
none
|
none
|
1
|
1
|
Maximum Height: One story, not
to exceed 18 feet to roof peak.
Maximum Height: 2 stories or 30 feet
to roof peak, total height may not exceed that of the principal dwelling.
Location: Located behind the rear line
of the residential building, and at least 15 feet from it or any other
structure.
Side Yard/Rear Yard: Setback of at least
15 feet from the property line or road easement, which ever is the
closest.
Driveway: Requires a separate permit.
A driveway from the street to any major accessory building, detached
garage or off-street parking, must be constructed of concrete asphalt
or paving brick.
Door: For safety, a minimum of two (2)
openings is required one of which may not exceed 48" in width. If
used as a garage, one 12' wide by 14' high maximum size door which
may face the front will be allowed.
Exception: As an exception, one 16 foot
by 10 foot door or two 9 foot by 10 foot doors may be permitted, provided
that they may not face the front and that construction of the building
must be 70% brick or masonry substantially similar in color, composition
and design as the main residential building. At least two openings
will be required.
Type of Exterior Construction: The building’s
construction materials must be substantially similar in color, composition
and design as that of the residential building, and at least 70% of
the structure must be brick or masonry and generally meet the requirements
for the principal residential building. Sheet metal siding are expressly
prohibited. Roofing material must also be substantially similar in
color, composition and design as that of the residential building
and comply with the Town’s Roofing ordinance. A major accessory
building which is 500 square feet or less of usable space is exempted
from the foregoing brick or masonry requirement but must be substantially
similar in color, composition and design of the principal dwelling
and generally meet the requirements for the principal residential
building.
Foundation: A concrete foundation is
required for all major accessory buildings.
(Ordinance 04-15 adopted 9/20/04; Ordinance 04-15 adopted 9/30/04; Ordinance
06-03, sec. 1, adopted 1/23/06)
11-1
General
Purpose and Description of the Ranch Estate District:
The principal use of land in this district is for single-family dwellings
of at least 2,300 square feet in size and lots of at least 1 acre,
and related recreational, religious and educational facilities normally
required to provide the basic elements of a balanced, orderly, convenient,
and attractive residential area. Low density residential areas shall
be protected from higher density residential development and from
the encroachment of incompatible uses.
11-2
Use Regulations:
A building, dwelling, structure or premises shall be used only
for the following:
(1)
“Single-family
Dwelling” with an Attached Garage (2 car minimum). An “Attached
Garage” is a Side Entry or Rear Entry private garage that is
a physical part of the dwelling or one having a substantial physical
connection with or under the roof line of the Single-family Dwelling.
Front entry private garages shall be permitted only if the door opens
into an enclosed courtyard separated from the front yard of the main
residence by another garage or similar building or by a masonry wall
of six (6) feet in height constructed of the same material as the
main residential structure. Such additional garage, building or wall
must also comply with all pertinent setback provisions. For corner
lots, the garage door may face the side street without an enclosed
courtyard.
(2)
Additional
“Detached Garage” only as an accessory use meeting the
requirements of a Major Accessory Building, 40 feet from the main
structure. All driveways connecting any public street or alley with
the Detached Garage shall be constructed of concrete, asphalt or paving
brick.
(3)
Parks,
playgrounds, and other public recreational facilities, owned and/or
operated by the municipality or other public agency; and privately
owned and maintained playgrounds and like recreation areas.3
(4)
Public
buildings, including libraries, museums, police and fire stations,
and similar public uses or facilities.
(5)
Real estate
sales offices during the development of residential subdivisions,
but not to exceed two years.
(6)
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work. A permit shall be required with a one year maximum
with no option for renewal.
(7)
Churches
and Public Schools (kindergarten through high school), shall be considered
a permitted use, however, a specific use permit zoning change must
be applied for and granted pursuant to the Specific Use Section of
this ordinance in order to provide conditions to protect health, provide
safety and regulate traffic as related to these uses.
(8)
Such other
uses as may be permitted with a Specific Use Permit.
(9)
The following
Accessory Uses if such uses are conducted within the principal building
in connection with the primary use of a “Single-family Dwelling:”
a.
A “customary
home occupation” that does not include visits by customers or
the general public with a greater frequency than four per day.
b.
Guest
Quarters and servant quarters for persons in the employ of the family
occupying the principal dwelling.
c.
Private
swimming pool. Both in-ground and above-ground pools require a fence
at least 4 feet in height with no gaps or openings larger than 4 inches,
and with all gates to be self-latching and self-closing. Any pool
must be located within the setbacks specified in Section 11-4, measured
from water edge.
d.
Upon compliance
with all other ordinances and laws, one horse, or equine (horse related
animal), may be kept on the first acre on which the primary residence
is located. For each additional adjoining half-acre, one additional
such animal may be kept. At least 10,000 square feet of the property
must be dedicated and available for use for each horse. Private “stable
or loafing shed” uses may be conducted in a Minor Accessory
Building meeting the requirements of Section 11-5(1).
e.
“Greenhouse”
for non-commercial usage conducted in a Minor Accessory Building meeting
all the requirements of such an accessory building.
f.
Off-street
parking (uncovered) may be provided for vehicles having valid and
current license plates, registration, and inspection certificates
or stickers or for boats with valid and current registration numbers,
plates, certificates and stickers, as follows:
(i)
If
located in front of the front line of the residence, off-street parking
may be provided for cars, vans, and pick-up trucks not exceeding one-ton
gross vehicle weight rating. The parking area and all driveways and
drive approaches must be constructed of concrete, asphalt, or paving
brick.
(ii)
If located on the side of the residence, off-street parking shall
be located behind the front line of the residence and may be provided
for cars, vans, pick-up trucks and trucks with a gross vehicle weight
rating of not more than 1 1/2 tons; or, one camper, travel trailer
or recreational vehicle; or one pleasure boat and boat trailer, none
of which may exceed forty (40) feet in length. The driveways and drive
approaches must be constructed of concrete, asphalt, or paving brick.
(iii)
If located behind the rear line of the residence, off-street parking
may be provided for properly registered (to the extent required by
law) cars, vans, pick-up trucks, trucks with a gross vehicle weight
rating of more than 1-1/2 tons, campers, travel trailers, utility
trailers or recreational vehicles, or pleasure boats and boat trailers,
none of which may exceed forty (40) feet in length. Not more than
three (3) of any of the foregoing vehicles may be parked at one time.
No additional vehicle in excess of the three-vehicle maximum shall
be permitted within the off-street parking area unless the property
owner or occupant shall first have obtained the written permission
of all property owners within two hundred (200) feet of the property
line of the premises, excluding streets and alleys. The parking area
may be of any hard, all weather surface, whether or not improved,
including grass.
11-3
Minimum
Size of Lot:
Lot Area: One (1) acre (43,560 square
feet).
Lot Width: 150 feet.
Lot Depth: 200 feet.
11-4
Principal
Building (Dwelling or Structure):
Minimum Building Size: 2,300 square feet,
exclusive of garages, breezeways and porches.
Maximum Height: 30 feet or not more than
two and one-half (2 1/2) stories.
Maximum Lot Coverage: Principal building
not to exceed 20% of total lot area.
Exterior Construction: At least 70% percent
of the exterior walls of the first floor of all structures, including
all frame work surrounding all doors and windows, shall be of masonry
construction exclusive of doors, windows, the area above top plate
line, gables and roofs. The 70% masonry requirement shall also apply
to all additions or modifications to the principal building and to
all attached garages and attached accessory buildings.
Front Yard: Minimum depth from edge of
road easement to front of Principal Building - 45 feet.
Side Yard: Setback of at least 20 feet
from the property line or road easement, which ever is the closest.
Rear Yard: Setback of at least 35 feet
from the property line.
11-5
Accessory
Building (Detached):
(1)
Minor
Accessory Building:
(including pre-fabricated buildings
and building on skids.)
Type:
a.
“Storage”
type for tools, lawn care equipment, etc., and,
b.
Gazebo
or pavilion
c.
“Stable
or loafing shed” type for animals.
|
Maximum Size
| |
|---|---|
|
Storage type:
|
200 square feet footprint
|
|
Gazebo or pavilion:
|
200 square feet footprint
|
|
Loafing shed:
|
200 square feet footprint
|
|
Stable:
|
200 square feet footprint
|
|
Maximum Number: Two (2) (provided no
major accessory building exists); only one (1) minor accessory building
may be a stable or loafing shed. If a major accessory building of
1,000 square feet or less exists, only one (1) minor accessory building
shall be allowed. No minor accessory building will be allowed if a
major accessory building over 1,000 square feet exists. The following
table illustrates the maximum number of accessory buildings, including
pavilion or gazebos allowed for each property:
|
|
Maximum Number of Accessory Buildings
| |||
|---|---|---|---|
|
Minor
|
Major
(1000 sf)
|
Major
(1200 sf)
|
Gazebo/Pavilion
|
|
2
|
none
|
none
|
1
|
|
1
|
none
|
none
|
2
|
|
1
|
1
|
none
|
1
|
|
none
|
none
|
1
|
1
|
|
Maximum Height: One story, not to exceed
18 feet to roof peak.
| |
|
Location: Must be located behind the
rear line determined by the nearest back corner of the residential
dwelling closest to the street, and at least 15 feet from any other
structure.
| |
|
Side Yard/Rear Yard:
| |
|
a.
|
Storage type: Setback of at least 8 feet from the property line
or road easement, which ever is the closest.
|
|
b.
|
Stable or loafing shed: Located at least 30 feet from any property
line of an adjacent owner, at least 40 feet from any dwelling on any
adjacent property and at least 40 feet from any road.
|
|
Type of Exterior Construction: The building’s
construction material must be substantially similar in color, composition
and design as that of the residential building, and be of brick, wood,
simulated wood, vinyl or factory painted aluminum. Sheet metal siding
is expressly prohibited. A gazebo/pavilion is defined as an open structure
without walls; railings are permissible. Roofing material must also
be substantially similar in color, composition and design as that
of the residential building and comply with the Town’s roofing
ordinance. Greenhouses may be made of glass or like products.
| |
(2)
Major
Accessory Building:
Type: Shop or recreation building, swimming
pool cabana, boat storage, detached garage for boat, recreational
vehicle and motor vehicle storage, home office, or stable. Major accessory
buildings shall not be used as rental property, guest houses or servant’s
quarters. If toilet and/or shower facilities are provided, adequate
wastewater disposal must be provided and approved by the appropriate
Town representative. Major accessory buildings may not be used for
commercial purposes and may not be used as rental property.
Note. No carports or other exterior structures designed or intended
for the storage of vehicles or boats, whether attached or free-standing,
shall be allowed and are expressly prohibited; provided, however,
that a porte-cochere for the main entrance of the residential dwelling,
may be permitted.
Maximum Size: 1,000 square feet of usable
enclosed area, where enclosed area is defined by the inside dimensions
and usable area as any area which has side walls of at least 4 feet
in height. As an exception to the foregoing maximum size requirement,
a major accessory building may not exceed 1,200 square feet of usable
enclosed area provided there is no minor accessory building on the
property, except one pavilion or gazebo. If two stories, the footprint
of the major accessory building is to be reduced in proportion, so
that the total, usable enclosed area does not exceed the maximum size
allowed.
A porch, if attached to the main structure, whether under roof
or not, may not exceed in size an additional 20% of the total footprint
of the building itself. If a larger porch is desired, the usable enclosed
area must be reduced proportionally so that the total under roof does
not exceed 1200 square feet or 1440 square feet respectively.
Maximum Number: One (1). The following
table illustrates the maximum number of accessory buildings, including
pavilion or gazebos allowed for each property:
|
Maximum Number of Accessory Buildings
| |||
|---|---|---|---|
|
Minor
|
Major
(1000 sf)
|
Major
(1200 sf)
|
Gazebo/Pavilion
|
|
2
|
None
|
none
|
1
|
|
1
|
None
|
none
|
2
|
|
1
|
1
|
none
|
1
|
|
none
|
None
|
1
|
1
|
Maximum Height: Roof peak not
to exceed 30 feet.
Location: Must be located behind the
rear line determined by the nearest back corner of the residential
dwelling closest to the street, and at least 15 feet from any existing
structure. For privacy, no second story window or door can face a
neighboring property that is within 25 feet of the accessory building.
Side Yard/ Rear Yard: Setback of at least
15 feet from the property line or road easement, which ever is the
closest.
Driveway: Requires a separate permit.
A driveway from the street to any major accessory building, detached
garage or off-street parking, must be constructed of concrete asphalt
or paving brick.
Door: A door may be of any size up to
a maximum width of 16 feet wide and a maximum height of 14 feet tall.
On the front facing side, only one garage door is permitted. For safety,
a minimum of two (2) openings is required one of which may not exceed
48" in width.
Type of Exterior Construction: The building’s
construction materials must be substantially similar in color, composition
and design as that of the residential building, and at least 70% of
the structure must be brick or masonry and generally meet the requirements
for the principal residential building. Sheet metal siding are expressly
prohibited. Roofing material must also be substantially similar in
color, composition and design as that of the residential building
and comply with the Town’s roofing ordinance. A major accessory
building which is 500 square feet or less of usable space is exempted
from the foregoing brick or masonry requirement but must be substantially
similar in color, composition and design of the principal dwelling
and generally meet the requirements for the principal residential
building.
Foundation: A concrete foundation is
required for all major accessory buildings.
(Ordinance 04-15 adopted 9/20/04; Ordinance 06-03, sec. 3, adopted 1/23/06; Ordinance 18-03 adopted 7/16/18)
11A-1
General
Purpose and Description of the Ranch Estates 2 District:
The principal use of land in this district is for single-family dwellings
of at least 2,300 square feet in size and lots of at least 2 acres,
and related recreational, religious and educational facilities normally
required to provide the basic elements of a balanced, orderly, convenient,
and attractive residential area. Low density residential areas shall
be protected from higher density residential development and from
the encroachment of incompatible uses.
11A-2
Use Regulations:
A building, dwelling, structure or premises shall be used only
for the uses allowed in the RE Ranch Estates District.
11A-3
Minimum
Size of Lot:
Lot Area: Two (2) acres (87,120 square
feet).
Minimum Lot Width: 150 feet.
Minimum Lot Depth: 200 feet.
11A-4
Principal
Building: Accessory Buildings:
All regulations and requirements,
including but not limited to those applicable to principal and accessory
buildings in the RE Ranch Estates District shall apply in this district,
save and except the minimum lot size requirement.
(Ordinance 18-06 adopted 9/17/18)
12-1
General
Purpose and Description of the Planned Development District:
The Planned Development District is intended to provide for
the combining and mixing of uses allowed in various districts with
appropriate regulations, and to permit growth flexibility in the use
and design of land and buildings in situations where modification
of special provisions of this Ordinance is not contrary to its intent
and purpose or significantly inconsistent with the planning on which
it is based and will not be harmful to the neighborhood. A PD District
may be used to permit new and innovative concepts in land utilization.
The zoning requirements of land having "Planned Development" zoning
are detailed in writing in the adoptive ordinance or shown on the
"Development Plan" that is attached to and made a part of the adoptive
ordinance that grants the zoning change. The adoptive ordinance may
establish requirements by reference to the basic zoning ordinance
or may list specific conditions or requirements.
12-2
Pre-Application
Conference:
Prior to the filing of a Planned Development Application, the
applicant shall consult with a Development Review Committee that will
consist of the Mayor, a least one Councilmember appointed by the Mayor,
the Chairman of the Planning and Zoning Commission the Chairman of
the Board of Adjustment and the Town Attorney, to discuss concerns
relating to the suitability of the proposed project for Planned Development
Zoning.
12-3
Development
Requirements:
(1)
Development
requirements for each separate PD District shall be set forth in the
Ordinance granting the PD District and may include, but not be limited
to; uses, density, lot area, lot width, lot depth, yard depths and
widths, building height, building elevations, coverage, floor area
ratio, parking, access, screening, landscaping, accessory buildings,
signs, lighting, management associations, and other requirements as
the Town Council and Planning and Zoning Commission may deem appropriate.
(2)
The Ordinance
granting a PD District may include a statement as to the purpose and
intent of the PD granted therein.
(3)
The Ordinance
and attached Development Plan that grants a Planned Development Zoning
District classification to a tract of land will determine the uses
permitted but the Planned Development district shall conform to all
other sections of this ordinance unless specifically excluded in the
granting ordinance.
(4)
All applications
shall state all requested deviations from the standard requirements
set forth throughout this ordinance and must be indicated in written
form and on the face of the zoning exhibit.
12-4
During the
review and public hearing process, the Planning and Zoning Commission
and Town Council shall require a detail development plan.
(1)
Development
Plan - This plan shall be submitted by the applicant. The plan shall
show the applicant's intent for the use of the land within the proposed
planned development district in a graphic manner and as may be required
supported by written documentation of proposals and standards for
development.
a.
A Development
Plan shall show general use, thoroughfares and preliminary lot arrangements.
For development which does not propose platted lots, the plan shall
set forth the size, type and location of buildings and building sites,
access, density, building height, fire lanes, screening, parking areas,
landscaped areas and other pertinent development data.
b.
Minor
changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which do not alter the
uses permitted or increase the density, building height or coverage
of the site, or which do not decrease the off-street parking ratio
or reduce the yards provided at the boundary of the site or does not
significantly alter the landscape plans as indicated on the approved
plan, may be authorized by the Town Council without formal amendment.
c.
A landscape
plan may be made or required as a part of the Development Plan showing
screening walls, ornamental planting, wooded areas and trees to be
planted.
d.
An architectural
plan may be made or required as a part of the Development Plan, showing
elevations and signs to be used throughout the development.
e.
Any or
all of the required information may be incorporated on a single drawing
if one drawing is clear and can be evaluated.
(2)
The Development
Plan shall have supplemental data describing standards, schedules
or other data pertinent to the development of the Planned Development
District which is to be included in the text of the amending Ordinance.
12-5
All Planned
Development Districts approved in accordance with the provisions of
this ordinance shall be referenced on the Zoning Districts Map with
a notation as to the adoptive ordinance number.
(Ordinance 37 adopted 2/27/88; Ordinance 04-11 adopted 7/6/04; Ordinance 05-32, sec. 3, adopted 12/19/05)
13-1
General
Purpose and Description of the Business District:
This
district is to allow the development of an office and business district
with offices and stores grouped together designed to serve the needs
of the surrounding residential neighborhood, providing professional
services and goods that are classified as convenience goods.
13-2
Use Regulations:
The following uses shall be permitted as principal uses:
(1)
Offices
such as:
a.
Executive
and administrative offices.
b.
Business
offices of a public utility, real estate, insurance, commercial or
industrial establishment.
c.
Medical,
dental offices and clinics, legal, engineering, architectural and
similar professional offices, accounting, auditing and bookkeeping
service offices.
d.
Finance
agency offices and banks, including drive through facilities.
e.
Miscellaneous
business services such as credit reporting agencies, stenographic
services, business and management consulting services.
f.
Offices
of non-profit organizations.
g.
Municipal
and other governmental offices.
(2)
Any other
office in which goods or merchandise are not commercially created,
displayed, stored, exchanged or sold.
(3)
For retail
sales uses and personal service shops and establishments. The following
listing is given as examples, but is not intended as a limitation:
a.
Food market
b.
Drug Store
and/or pharmacy
c.
Clothing
Store
d.
Shoe Store
e.
Jewelry
Store
f.
Gift Shop
g.
Radio,
TV and Music Store
h.
Dry Goods
and Notion Store
i.
Hardware
Store
j.
Restaurants
serving food and beverages
k.
Barber
and Beauty Shops
l.
Dry Cleaning
Service
m.
Shoe Repair
Shop
n.
Tailor
and Dressmaker Shop
13-3
Accessory
Uses
Accessory uses, defined as and limited to uses customarily incidental
to the permitted principal uses.
13-4
Parking
Regulations
(1)
One (1)
parking space shall be required for each 200 to 300 square feet of
interior floor area (under roof). Exceptions to this requirement may
be made by the Town Council following recommendation from the Planning
and Zoning Commission.
(2)
All driveways
and parking areas must be asphalt or concrete construction.
13-5
Area Regulations
The following minimum requirements are:
(1)
(a)
A buffer
zone with appropriate screening by an engineered masonry wall, 6–8
feet in height. The buffer zone between this wall and adjoining areas
will be 20 feet set inside the property line when adjoining area is
zoned residential. When adjoining area is zoned Business or Specific
Use Permit Districts, setback regulations shall apply.
(b)
For
each 30 linear feet of buffer zone frontage the minimum landscaping
requirement shall be one (1) large evergreen tree and eight (8) evergreen
shrubs. The trees shall be a minimum 8-10 feet in height at planting
and reach a minimum of 20-feet in height and spread at maturity. The
shrubs shall be a minimum of 4 feet in height at planting (5 gallon
container minimum) and reach a height of 8-feet at maturity. All shrubs
shall be edged and all plant material mulched with two-inch layer
of bark or shredded Cypress mulch. All other areas of this buffer
zone shall be covered with appropriate type of turf grass. The entire
buffer zone area shall be provided with adequate and inconspicuous
automatic irrigation system, and shall be properly maintained at regular
intervals, according to the town’s standards. Other landscaping
concepts that promote water conservation will be considered.
(2)
Depth
of front setback - 50 feet
(3)
Depth
of rear setback, excluding buffer zone - 50 feet
(4)
Width
of side setback, excluding buffer zone - 25 feet
(5)
Minimum
width of lot - 150 feet
13-6
Height
and Area Regulations
The following maximum height and area regulations shall be observed:
(1)
All building
elevations and exterior surfaces shall be 100% masonry exclusive of
doors and windows. Acceptable materials are brick, stone, split faced
concrete block and stucco. Stucco elements are limited to a maximum
of 20% of the area of any elevation. The height of any structure including
the parapet front elevation shall be limited to 40 feet in height.
The structure shall also be limited to two (2) stories or less.
(2)
Lot coverage
by building excluding buffer zone – 30%.
(3)
Lot coverage
by buildings, driveways and parking spaces – 80%
(4)
All structures
shall be compatible, in the sole judgment of the Planning and Zoning
Commission, with the surrounding residential structures as well as
with other existing Business structures.
13-7
Additional
Regulations
(1)
All building
elevations to be 100% masonry exclusive of doors and windows. Acceptable
materials are brick, stone, split faced concrete block and stucco.
Stucco elements are limited to a maximum of 20% of the area of any
elevation.
(2)
All buildings
over 5000 square feet under roof, regardless of occupancy, will require
the installation of interior sprinklers and fireproof construction,
to be inspected and approved by the Double Oak Volunteer Fire Department.
All commercial buildings, regardless of size, will also require fire
hydrants, which must be installed so that all portions of proposed
buildings are within 300 feet of a fire hydrant. All fire hydrants
shall be installed in accordance with the Bartonville Water Supply
Corporation. All fire hydrants must have a minimum clearance of 5
feet for access and visibility, for 180 degrees facing the front.
(3)
All structures
shall be compatible, in the judgment of the Planning and Zoning Commission,
with the surrounding residential structures as well as with other
existing Business structures.
(4)
All applicable
ordinances of the Town including roofing ordinance will apply. All
outside lighting features shall be placed and reflected in such a
manner so as not to create annoyances, nuisances, or hazards.
(5)
All signs
must be reviewed by the Planning and Zoning Commission, for recommendation
to the Town Council. All signs must be in accordance with the Town’s
sign ordinance.
(6)
No pole
signs or billboards will be allowed and no signs above the roof line
will be approved.
(7)
In the
event that any project in this section is proposed to be built in
stages, a second or following stage has to not only be in accordance
with all regulations but also assure continuity in style and construction
with the first stage built.
13-8
Special
Factors for Consideration
In granting or denying an application for Business District
classification, the Planning and Zoning Commission in its recommendation
and the governing body of the Town may take into consideration the
following factors, without limitation to the consideration of other
factors:
(1)
Safety
of motoring public and of pedestrians using the facility and the area
immediately surrounding the site.
(2)
Safety
from fire hazards, and measures of fire control.
(3)
Protecting
the property, adjacent property, and other properties within the Town
from flood or water damage.
(4)
Noise
producing elements, glare of vehicular and stationary lights and the
effect of such noise and lights on the established character of neighboring
property.
(5)
Street
size and adequacy of pavement width for traffic reasonably expected
to be generated by the proposed use around the site and in the mediate
neighborhood.
(6)
Adequacy
of on-site parking facilities; location of ingress or egress points
for parking and off-street loading and the surfacing of all parking
areas to control dust and for the protection of public health.
(7)
Such other
measures as will secure and protect public health, safety, morals
and general welfare.
(8)
Off-street
parking, unless specifically regulated in the ordinance adopting the
Business District classification, shall be governed by other applicable
provisions of the comprehensive zoning ordinance or other applicable
ordinances of the Town.
(9)
The economic
and/or environmental impact the use may have on property within the
Town as a whole, as well as on adjoining property, and whether an
economic and/or environmental impact study should be submitted as
a part of the application, for Business District.
(10)
The
aesthetic appearance of the use, and other sensory effects that the
use may have on the established character of the neighborhood, its
property and the property within the Town as a whole.
(11)
Waste
water disposal.
(12)
The
existing natural landscape character (especially native oaks, elms,
and pecan trees) shall be preserved to the extent reasonable and feasible.
In an area of the street frontage containing a stand of trees, the
developer shall use best faith efforts to preserve such trees. In
determining whether there is compliance with this subsection the Planning
and Zoning Commission shall consider topographical constraints on
design, drainage, access and egress, utilities, and other factors
reasonably related to the health, safety and welfare of the existing
public which necessitate disturbance of the existing natural landscape
character, the nature and quality of the landscaping installed to
replace it, and such other factors as may be relevant and proper.
Indiscriminate clearing or stripping of the natural vegetation on
a lot is prohibited.
13-9
Compliance
With Site Plan
All improvements to the land and all buildings and construction
on the land shall be submitted for review to the Planning and Zoning
Commission and shall be in accordance with a site plan and/or development
plan which shall be made a part of the adoptive ordinance. If a zoning
change has previously been approved without the approval of a contemporaneous
site plan or development plan, the submission and recommendation for
approval of such plan by the Planning and Zoning Commission and the
approval by the Town Council shall nevertheless be required prior
to all development and building construction within the Business District.
When a simultaneous zoning change is not required, the site or development
plan must comply with the special factors for consideration enumerated
herein and the Planning and Zoning Commission and the Town Council
shall take such factors into consideration prior to recommendation
or approval.
After adoption of the ordinance that grants the Business District
zoning change, the Town Council, with the prior recommendation of
the Planning and Zoning Commission and upon finding that a requested
site plan change is a minor change that will not adversely impact
adjacent or other properties within the Town, may authorize by written
order minor alterations to the site plan, without further notice or
public hearing. The Council’s order shall be attached to or
filed with the original ordinance or original site or development
plan; provided, however, no such amendment to the site plan shall
be made that would conflict with the final plat of such property after
the final plat has been approved by the Town and filed of record.
13-10
Designation
Of Zoning Map
On the official zoning map of the Town, BD, Business District,
shall bear the prefix designation of BD followed by the ordinance
number granting the Business District classification.
(Ordinance 04-11 adopted 7/6/04; Ordinance 05-30, sec. 1, adopted 12/19/05; Ordinance 05-30, sec. 2, adopted 12/15/05; Ordinance 05-30, sec. 3, adopted 12/15/05; Ordinance 05-30, sec. 4, adopted 12/19/05; Ordinance 05-30, sec. 5, adopted 12/19/05; Ordinance 05-30, sec. 6, adopted 12/19/05)
14-1
General
Purpose and Description of the Office District:
This
district is to allow the development of an office park setting with
offices grouped together designed to serve the needs of the surrounding
residential neighborhood, providing professional and semiprofessional
services. This designation may abut areas zoned Residential and shall
act as a buffer between residential and retail zoned districts.
14-2
Use Regulations:
The following uses shall be permitted as principal uses:
(1)
Offices
such as:
a.
Executive
and administrative offices.
b.
Business
offices of a public utility, real estate, insurance, commercial or
industrial establishment.
c.
Medical,
dental offices and clinics, legal, engineering, architectural and
similar professional offices, accounting, auditing and bookkeeping
service offices.
d.
Finance
agency offices and banks, including drive-through facilities.
e.
Miscellaneous
business services such as credit reporting agencies, stenographic
services, business and management consulting services.
f.
Offices
of non-profit organizations.
g.
Municipal
and other governmental offices.
(2)
Any other
office in which goods or merchandise are not commercially created,
displayed, stored, exchanged or sold.
14-3
Accessory
Uses:
Accessory uses, defined as and limited to uses customarily incidental
to the permitted principal uses.
14-4
Parking
Regulations
(1)
One (1)
parking space shall be required for each 200 to 300 square feet of
interior floor area (under roof). Any deviations from this requirement
must be reviewed by the Planning and Zoning Commission with a recommendation
forwarded to the Town Council for final approval.
(2)
All driveways
and parking areas must be asphalt or concrete construction.
14-5
Area Regulations
The following minimum requirements are:
(1)
(a)
A buffer
zone with appropriate screening by an engineered masonry wall, 6-8
feet in height placed upon or in close proximity to the property line.
The buffer zone between this wall and adjoining paved areas will be
20 feet set inside the property line when adjoining areas zoned residential.
When adjoining area is zoned Retail or Specific Use Permit Districts,
setback regulations shall apply.
(b)
For
each 30 linear feet of buffer zone frontage the minimum landscaping
requirement shall be one (1) large evergreen tree and eight (8) evergreen
shrubs. The trees shall be a minimum 8-10 feet in height at planting
and reach a minimum of 20 feet in height and spread at maturity. The
shrubs shall be a minimum of 4 feet in height at planting (5 gallon
container minimum) and reach a height of 8 feet at maturity. All shrubs
shall be edged and all plant material mulched with two-inch layer
of bark or shredded Cypress mulch. All other areas of this buffer
zone shall be covered with appropriate type of turf grass. The entire
buffer zone area shall be provided with adequate and inconspicuous
automatic irrigation system, and shall be properly maintained at regular
intervals, according to the town’s standards. Other landscaping
concepts that promote water conservation will be considered.
(2)
Depth
of front setback - 50 feet
(3)
Depth
of rear setback, excluding buffer zone - 50 feet
(4)
Width
of side setback, excluding buffer zone - 25 feet
(5)
Minimum
width of lot - 150 feet
14-6
Height
and Area Regulations
The following maximum height and area regulations shall be observed:
(1)
All building
elevations and exterior surfaces shall be 100% masonry exclusive of
doors and windows. Acceptable materials are brick, stone, split faced
concrete block and stucco. Stucco elements are limited to a maximum
of 20% of the area of any elevation. The height of any structure including
the parapet front elevation shall be limited to 40 feet in height.
The structure shall also be limited to two (2) stories or less.
(2)
Lot coverage
by building excluding buffer zone - 30%
(3)
Lot coverage
by buildings, driveways and parking spaces - 80%
(4)
All structures
shall be compatible, in the judgment of the Planning and Zoning Commission,
with the surrounding residential structures as well as with other
existing structures within the Office district.
14-7
Additional
Regulations
(1)
All building
elevations to be 100% masonry exclusive of doors and windows. Acceptable
materials are brick, stone, split faced concrete block and stucco.
Stucco elements are limited to a maximum of 20% of the area of any
elevation.
(2)
All buildings
over 5000 square feet under roof, regardless of occupancy, will require
the installation of interior sprinklers and fireproof construction,
to be inspected and approved by the Double Oak Volunteer Fire Department.
All commercial buildings, regardless of size, will also require fire
hydrants, which must be installed so that all portions of proposed
buildings are within 300 feet of a fire hydrant. All fire hydrants
shall be installed in accordance with the requirements of the Bartonville
Water Supply Corporation. All fire hydrants must have a minimum clearance
of 5 feet for access and visibility, for 180 degrees facing the front.
(3)
All structures
shall be compatible, in the judgment of the Planning and Zoning Commission,
with the surrounding residential structures as well as with other
existing structures within the Office district.
(4)
All applicable
ordinances of the Town including roofing ordinance will apply. All
outside lighting features shall be placed and reflected in such a
manner so as not to create annoyances, nuisances, or hazards.
(5)
All signs
must be reviewed by the Planning and Zoning Commission, for recommendation
to the Town Council. All signs must be in accordance with the Town’s
sign ordinance.
(6)
No pole
signs or billboards will be allowed and no signs above the roof line
will be permitted.
(7)
In the
event that any project in this section is proposed to be built in
stages or phases, a second or following stage has to not only be in
accordance with all regulations but also assure continuity in style
and construction with the first stage built.
14-8
Special
Factors For Consideration
In granting or denying an application for Office District classification,
the Planning and Zoning Commission in its recommendation and the governing
body of the Town may take into consideration the following factors:
(1)
Safety
of motoring public and of pedestrians using the facility and the area
immediately surrounding the site.
(2)
Safety
from fire hazards, and measures of fire control.
(3)
Protecting
the property, adjacent property, and other properties within the Town
from flood or water damage.
(4)
Noise
producing elements, glare of vehicular and stationary lights and the
effect of such noise and lights on the established character of neighboring
property.
(5)
Street
size and adequacy of pavement width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate
neighborhood.
(6)
Adequacy
of on-site parking facilities; location of ingress or egress points
for parking and off-street loading and the surfacing of all parking
areas to control dust and for the protection of public health.
(7)
Such other
measures as will secure and protect public health, safety, morals
and general welfare.
(8)
Off-street
parking, unless specifically regulated in the ordinance adopting the
Office District classification, shall be governed by other applicable
provisions of the comprehensive zoning ordinance or other applicable
ordinances of the Town.
(9)
The economic
and/or environmental impact the use may have on property within the
Town as a whole, as well as on adjoining property, and whether an
economic and/or environmental impact study should be submitted as
a part of the application for Office District zoning.
(10)
The
aesthetic appearance of the use, and other sensory effects that the
use may have on the established character of the neighborhood, its
property and the property within the Town as a whole.
(11)
Waste
water disposal.
(12)
The
existing natural landscape character (especially native oaks, elms,
and pecan trees) shall be preserved to the extent reasonable and feasible.
In an area of the street frontage containing a stand of trees, the
developer shall use best efforts to preserve such trees. In determining
whether there is compliance with this subsection the Planning and
Zoning Commission shall consider topographical constraints on design,
drainage, access and egress, utilities, and other factors reasonably
related to the health, safety and welfare of the existing public which
necessitate disturbance of the existing natural landscape character,
the nature and quality of the landscaping installed to replace it,
and such other factors as may be relevant and proper. Indiscriminate
clearing or stripping of the natural vegetation on a lot is prohibited.
14-9
Compliance
With Site Plan
All improvements to the land and all buildings and construction
on the land shall be submitted for review by the Planning and Zoning
Commission and final approval by the Town Council and shall be in
accordance with a site plan and/or development plan which shall be
made a part of the adoptive ordinance. If a zoning change has previously
been approved without the approval of a contemporaneous site plan
or development plan, the submission and recommendation for approval
of such plan by the Planning and Zoning Commission and the approval
by the Town Council shall nevertheless be required prior to all development
and building construction within the Office District. When a simultaneous
zoning change is not required, the site or development plan must comply
with the special factors for consideration enumerated herein and the
Planning and Zoning Commission and the Town Council shall take such
factors into consideration prior to recommendation or approval.
After adoption of the ordinance granting Office District zoning
classification, the Town Council, with the prior recommendation of
the Planning and Zoning Commission and upon finding that a requested
site plan change is a minor change that will not adversely impact
adjacent or other properties within the Town, may authorize by written
order minor alterations to the site plan without further notice or
public hearing. The Council’s order shall be attached to or
filed with the original ordinance or original site or development
plan; provided, however, no such amendment to the site plan shall
be made that would conflict with the final plat of such property after
the final plat has been approved by the Town and filed of record.
14-10
Designation
Of Zoning Map
On the official zoning map of the Town, “O” Office
districts shall bear the prefix designation of “O” followed
by the ordinance number granting the Office District classification.
(Ordinance 05-31, sec. 1, adopted 12/19/05)
15-1
General
Purpose and Description of the Retail District:
This
district is to allow the development of a business district with offices
and stores grouped together designed to serve the needs of the surrounding
residential neighborhood, providing professional services and goods
that are classified as convenience services and/or goods.
15-2
Use Regulations:
The following uses shall be permitted
as principal uses but are not intended as a limitation:
a.
Food market
b.
Drug Store
and/or pharmacy
c.
Clothing
Store
d.
Shoe Store
e.
Jewelry Store
f.
Gift Shop
g.
Radio, TV
and Music Store
h.
Dry Goods
and Notion Store
i.
Hardware
Store
j.
Restaurants
serving food and beverages
k.
Barber and
Beauty Shops
l.
Dry Cleaning
Service
m.
Shoe Repair
Shop
n.
Tailor and
Dressmaker Shop
o.
Nursery Schools
and Day Care Center
15-3
Accessory
Uses
Accessory uses, defined as and limited to uses customarily incidental
to the permitted principal uses.
15-4
Parking
Regulations
(1)
One (1)
parking space shall be required for each 200 to 300 square feet of
interior floor area (under roof). Any deviations from this requirement
must be reviewed by the Planning and Zoning Commission with a recommendation
forwarded to the Town Council for final approval.
(2)
All driveways
and parking areas must be asphalt or concrete construction.
15-5
Area Regulations
The following minimum requirements are:
(1)
A Retail
District shall be no closer (as measured by the closest positioning
of property lines) than 500 linear feet to a residential district
as dictated by intervening non-retail and non-residential districts.
(2)
(a)
A buffer
zone will be required with appropriate screening by an engineered
masonry wall, 6-8 feet in height and placed upon or in close proximity
to the property line. The zone between this wall and adjoining paved
areas will be 20 feet set inside the screening wall and shall be landscaped
as indicated below.
(b)
For
each 30 linear feet of buffer zone frontage the minimum landscaping
requirement shall be one (1) large evergreen tree and eight (8) evergreen
shrubs. The trees shall be a minimum 8 to 10 feet in height at planting
and reach a minimum of 20 feet in height and spread at maturity. The
shrubs shall be a minimum of 4 feet in height at planting (5 gallon
container minimum) and reach a height of 8 feet at maturity. All shrubs
shall be edged and all plant material mulched with two-inch layer
of bark or shredded Cypress mulch. All other areas of this buffer
zone shall be covered with appropriate type of turf grass. The entire
buffer zone area shall be provided with adequate and inconspicuous
automatic irrigation system, and shall be properly maintained at regular
intervals, according to the town’s standards. Other landscaping
concepts that promote water conservation will be considered.
(3)
Depth
of front setback - 50 feet
(4)
Depth
of rear setback, excluding buffer zone - 50 feet
(5)
Width
of side setback, excluding buffer zone - 25 feet
(6)
Minimum
width of lot - 150 feet
15-6
Height
and Area Regulations
The following maximum height and area regulations shall be observed:
(1)
All building
elevations and exterior surfaces shall be 100% masonry exclusive of
doors and windows. Acceptable materials are brick, stone, split faced
concrete block and stucco. Stucco elements are limited to a maximum
of 20% of the area of any elevation. The height of any structure including
the parapet front elevation shall be limited to 40 feet in height.
The structure shall also be limited to two (2) stories or less.
(2)
Lot coverage
by building excluding buffer zone - 30%
(3)
Lot coverage
by buildings, driveways and parking spaces - 80%
(4)
All structures
shall be compatible, in the judgment of the Planning and Zoning Commission,
with the surrounding residential structures as well as with other
existing structures within the Retail district.
15-7
Additional
Regulations
(1)
All building
elevations to be 100% masonry exclusive of doors and windows. Acceptable
materials are brick, stone, split faced concrete block and stucco.
Stucco elements are limited to a maximum of 20% of the area of any
elevation.
(2)
All buildings
over 5000 square feet under roof, regardless of occupancy, will require
the installation of interior sprinklers and fireproof construction,
to be inspected and approved by the Double Oak Volunteer Fire Department.
All commercial buildings, regardless of size, will also require fire
hydrants, which must be installed so that all portions of proposed
buildings are within 300 feet of a fire hydrant. All fire hydrants
shall be installed in accordance with the requirements of the Bartonville
Water Supply Corporation. All fire hydrants must have a minimum clearance
of 5 feet for access and visibility, for 180 degrees facing the front.
(3)
All structures
shall be compatible, in the judgment of the Planning and Zoning Commission,
with the surrounding residential structures as well as with other
existing structures within the Retail district.
(4)
All applicable
ordinances of the Town including roofing ordinance will apply. All
outside lighting features shall be placed and reflected in such a
manner so as not to create annoyances, nuisances, or hazards.
(5)
All signs
must be reviewed by the Planning and Zoning Commission, for recommendation
to the Town Council. All signs must be in accordance with the Town’s
sign ordinance.
(6)
No pole
signs or billboards will be allowed and no signs above the roof line
will be permitted.
(7)
In the
event that any project in this section is proposed to be built in
stages or phases, a second or following stage has to not only be in
accordance with all regulations but also assure continuity in style
and construction with the first stage built.
15-8
Special
Factors for Consideration
In granting or denying an application for Retail District classification,
the Planning and Zoning Commission in its recommendation and the governing
body of the Town may take into consideration the following factors
without limitation to the consideration of other factors:
(1)
Safety
of motoring public and of pedestrians using the facility and the area
immediately surrounding the site.
(2)
Safety
from fire hazards, and measures of fire control.
(3)
Protecting
the property, adjacent property, and other properties within the Town
from flood or water damage.
(4)
Noise
producing elements, glare of vehicular and stationary lights and the
effect of such noise and lights on the established character of neighboring
property.
(5)
Street
size and adequacy of pavement width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate
neighborhood.
(6)
Adequacy
of on-site parking facilities; location of ingress or egress points
for parking and off-street loading and the surfacing of all parking
areas to control dust and for the protection of public health.
(7)
Such other
measures as will secure and protect public health, safety, morals
and general welfare.
(8)
Off-street
parking, unless specifically regulated in the ordinance adopting the
Retail District classification, shall be governed by other applicable
provisions of the comprehensive zoning ordinance or other applicable
ordinances of the Town.
(9)
The economic
and/or environmental impact the use may have on property within the
Town as a whole, as well as on adjoining property, and whether an
economic and/or environmental impact study should be submitted as
a part of the application for Retail District zoning.
(10)
The
aesthetic appearance of the use, and other sensory effects that the
use may have on the established character of the neighborhood, its
property and the property within the Town as a whole.
(11)
Wastewater
disposal.
(12)
The
existing natural landscape character (especially native oaks, elms,
and pecan trees) shall be preserved to the extent reasonable and feasible.
In an area of the street frontage containing a stand of trees, the
developer shall use best efforts to preserve such trees. In determining
whether there is compliance with this subsection the Planning and
Zoning Commission shall consider topographical constraints on design,
drainage, access and egress, utilities, and other factors reasonably
related to the health, safety and welfare of the existing public which
necessitate disturbance of the existing natural landscape character,
the nature and quality of the landscaping installed to replace it,
and such other factors as may be relevant and proper. Indiscriminate
clearing or stripping of the natural vegetation on a lot is prohibited.
15-9
Compliance
with Site Plan
All improvements to the land and all buildings and construction
on the land shall be submitted for review by the Planning and Zoning
Commission and final approval by the Town Council and shall be in
accordance with a site plan and/or development plan which shall be
made a part of the adoptive ordinance. If a zoning change has previously
been approved without the approval of a contemporaneous site plan
or development plan, the submission and recommendation for approval
of such plan by the Planning and Zoning Commission and the approval
by the Town Council shall nevertheless be required prior to all development
and building construction within the Retail District. When a simultaneous
zoning change is not required, the site or development plan must comply
with the special factors for consideration enumerated herein and the
Planning and Zoning Commission and the Town Council shall take such
factors into consideration prior to recommendation or approval.
After adoption of an ordinance granting Retail District zoning
classification, the Town Council, with the prior recommendation of
the Planning and Zoning Commission and upon finding that a requested
site plan change is a minor change that will not adversely impact
adjacent or other properties within the Town, may authorize by written
order minor alterations to the site plan without further notice or
public hearing. The Council’s order shall be attached to or
filed with the original ordinance or original site or development
plan; provided, however, no such amendment to the site plan shall
be made that would conflict with the final plat of such property after
the final plat has been approved by the Town and filed of record.
15-10
Designation
of Zoning Map
On the official zoning map of the Town, “R” Retail
districts shall bear the prefix designation of “R” followed
by the ordinance number granting the Retail District classification.
(Ordinance 05-31, sec. 2, adopted 12/19/05)
16-1
General
Purpose and Description of Specific Use Permit District:
The SP Specific Use Permit District is a specific zoning classification.
The uses that normally fall into the specific use category are uses
that have unique characteristics that may, depending on the location
of the property, require different conditions and regulations not
otherwise listed under the basic zoning districts. For this reason,
when an applicant seeks a change of zoning for a use listed in the
Specific Use Section, the Planning and Zoning Commission may recommend,
and the Town Council may impose, necessary additional special zoning
conditions.
16-2
Property
zoned for a specific use retains or shall be given a basic zoning
classification, so that the specific use shall be in addition to the
authorized use under the basic zoning of the property. The basic land
use district regulations shall be applicable for any permitted use
other than the “specific use.” Also, the basic land use
district regulations shall apply to the “specific use”
unless changed at the time of the grant of the specific use permit
zoning. Therefore, any special condition or regulation established
by the grant of the specific use shall control the specific use and
supersedes any conflicting basic condition or regulation, however,
where the grant of the specific use is silent as to a condition or
regulation that is imposed by the basic classification of the property,
the basic condition or regulation shall control.
16-3
Any application
for a change of zoning to a Specific Use Permit Classification shall
be processed in the same manner as any other request for a zoning
change, to-wit: A proper application; public hearing before the Planning
and Zoning Commission; public hearing before the Town Council; and
final adoption of an ordinance amending the Comprehensive Zoning Ordinance
and the Zoning Map of the Town.
16-4
Use Regulations:
A building, structure or premises used for any of the following
purposes shall be permitted only upon the grant of a Specific Use
Permit Zoning District Classification.
(1)
Country
clubs and golf courses.
(2)
Hospitals.
(3)
Motels
and hotels.
(4)
Motion
picture theaters, including drive-in theaters.
(5)
Any sexually oriented business, including but not limited to, those defined in Article 4.400 of this code.
(6)
Business
uses designed to serve the needs of the surrounding residential neighborhood
providing goods and/or services that are classified as convenience
goods and/or services, not otherwise listed as permitted uses in the
Business District.
(7)
Any structure,
not designed to be occupied, in excess of 40 feet in height, other
than standard telephone poles, standard lighting poles and standard
or residential television receiving antennas.
(9)
Ground
storage water supply tanks.
(10)
Elevated
water storage supply tanks.
(11)
Utility
pump stations.
(12)
Electrical
power substations.
(13)
Telephone
equipment buildings.
(14)
Radio,
television or microwave towers.
(15)
Churches.
(16)
Schools.
(17)
Gasoline
Service Station or Fuel Service Station[.]
(18)
Car
wash[.]
(19)
Wastewater
treatment facility[.]
(20)
Such
other activities, uses and/or structures that in the sole judgment
of the Planning and Zoning Commission and the Town Council are not
detrimental to the town and/or the surrounding neighborhood.
16-5
No land
shall be used and no building shall be erected or converted to a use
named in this section, except on property zoned for a Specific Use
Permit for such use under the provisions of this section.
16-6
Application
For Specific Use Permit Zoning:
In addition to any other provision in this ordinance regulating
applications for zoning change, an application for zoning change requesting
a Specific Use Permit District Classification shall be accompanied
by a site plan containing the following information:
(1)
Date,
scale, north point, name of owner, name of person preparing the site
plan.
(2)
Location
of existing boundary lines and dimensions of the tract.
(3)
Minimum
building setback dimensions adjacent to all property lines.
(4)
Drawings
and data necessary to show the full scope of the facility.
(5)
Designation
of the location and size of points of ingress and egress.
(6)
The center
line of any existing water course, drainage feature or floodway easement.
(7)
The location
and size of existing and proposed streets and alleys with location
of all street intersections adjacent to the area of request.
(8)
In addition
to the site plan, an area map shall be required indicating the neighborhood
in which the property is located and showing the existing zoning of
adjacent properties.
(9)
Where
screening, landscaping or a drainage study may be essential to the
granting of the specific use permit, the applicant, to avoid delay
or denial in the processing of his request, should provide an adequate
screening plan, landscaping plan or drainage study. The screening
plan and landscaping plan may be separate plans or a part of applicant’s
site plan.
16-7
Application
For a Use Not Specifically Named:
Any applicant seeking a land use not otherwise authorized by
the Comprehensive Zoning Ordinance, as amended, or as listed in this
section, may make application to amend this section to include the
unlisted use and may at the same time make application for a Specific
Use Zoning Change for such use, on a specific property. In such a
case both amendments may be heard at the same time by the Planning
and Zoning Commission; may be heard at the same time by the Town Council;
and the adoptive ordinances may be acted upon by the Town Council
on the same date.
16-8
Special
Factors For Consideration:
In granting or denying an application for specific permit zoning
district classification, the Planning and Zoning Commission in its
recommendation and the governing body of the Town may take into consideration
the following factors:
(1)
Safety
of motoring public and of pedestrians using the facility and the area
immediately surrounding the site.
(2)
Safety
from fire hazards, and measures of fire control.
(3)
Protecting
the property, adjacent property, and other properties within the Town
from flood or water damage.
(4)
Noise
producing elements, glare of vehicular and stationary lights and the
effect of such noise and lights on the established character of neighboring
property.
(5)
Street
size and adequacy of pavement width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate
neighborhood.
(6)
Adequacy
of on-site and off-site parking facilities; location of ingress and
egress points for parking and off-street loading and the surfacing
of all parking areas to control dust and for the protection of public
health.
(7)
Such other
measures as will secure and protect public health, safety, morals
and general welfare.
(8)
Off-street
parking, unless specifically regulated in the ordinance adopting the
specific use permit zoning classification, shall be governed by other
applicable provisions of the Comprehensive Zoning Ordinance or other
applicable ordinances of the Town.
(9)
The economic
and/or environmental impact the use may have on property within the
Town as a whole, as well as on adjacent property, and whether an economic
and/or environmental impact study should be submitted as a part of
the application for Specific Use Permit.
(10)
The
aesthetic appearance of the use, and other sensory effects that the
use may have on the established character of the neighborhood, its
property and the property within the Town as a whole.
(11)
Wastewater
Disposal.
(12)
The
existing natural landscape character (especially native oaks, elms,
and pecan trees) shall be preserved to the extent reasonable and feasible.
In an area of the street frontage containing a stand of trees, the
developer shall use best faith efforts to preserve such trees. In
determining whether there is compliance with this subsection the Planning
and Zoning Commission shall consider topographical constraints on
design, drainage, access and egress, utilities, and other factors
reasonably related to the health, safety and welfare of the existing
public which necessitate disturbance of the existing natural landscape
character, the nature and quality of the landscaping installed to
replace it, and such other factors as may be relevant and proper.
Indiscriminate clearing or stripping of the natural vegetation on
a lot is prohibited.
16-9
Compliance
With Site Plan
All improvements to the land and all buildings and construction
on the land shall be submitted for review to the Planning and Zoning
Commission and shall be in accordance with the site plan and/or the
development plan which shall be made a part of the adoptive ordinance.
After adoption of the ordinance that grants the Specific Use zoning
change, the Town Council, with the prior recommendation of the Planning
and Zoning Commission and upon finding that a requested site plan
change is a minor change that will not adversely impact adjacent or
other properties within the Town, may authorize by written order,
the minor alteration to the site plan, without further notice or public
hearing. The Council’s Order shall be attached to or filed with
the original ordinance. Provided, however, no such amendment to the
site plan should be made that would conflict with the final plat of
such property after the final plat has been approved by the Town and
filed of record.
16-10
Designation
Of Zoning Map
On the official zoning map of the Town, a Specific Use Permit
District shall bear the prefix designation of the Base Zoning and
“SP” followed by the ordinance number granting the specific
use permit classification.
For example, a property with a base zoning classification of
Business District, that is granted a specific use permit zoning classification
for operation of a golf course, should be designated in the adoptive
ordinance as having a zoning classification of B Business District
with a Specific Use Permit to operate a golf course and on the zoning
map designated as B SP followed by the adoptive ordinance number.
(Ordinance 37 adopted 2/27/88; Ordinance 04-11 adopted 7/6/04; Ordinance 05-32, sec. 3, adopted 12/19/05)
17-1
General
Purpose and Description of Flood Plain Overlay Subdistrict:
A flood plain overlay designation on the zoning map is a subdistrict
zoning classification that refers to a specific area subject to flooding.
When this subdistrict designation “FP” is noted on the
official zoning map, it shall designate land areas that have been
identified as areas of special flood hazard by flood insurance studies
and officially designated as such by the Town Council. This subdistrict
shall overlay the basic zoning classification of the property to provide
appropriate regulation for the use of such land that has a history
of inundation or is determined to be subject to flood hazards. Areas
designated on the Zoning District Map by the “FP” overlay
designation shall be subject to the following provisions:
17-2
Use Regulations:
A building or premises shall be
used only for the following purposes:
1.
Agricultural
activities including the ordinary cultivation or grazing of land and
legal types of animal husbandry permitted by the zoning regulations
of the basic zoning district classification of the property.
2.
Off-street
parking incidental to any adjacent main use permitted in the district.
3.
Parks, community
centers, playgrounds, public golf courses (no structures), and other
recreational areas.
4.
Private open
space as part of a Community Unit Development of Planned Residential
Development.
5.
Other uses
but only when approved by Specific Use Permit, as provided for in
this ordinance.
17-3
No building
or structure shall be erected in that portion of any land having a
Flood Plain “FP” overlay designation until and unless
such building or structure has been approved by the Town Council after
engineering studies furnished by the landowner have been made and
it is ascertained that such building or structure is not subject to
damage by flooding and would not constitute an encroachment, hazard,
or obstacle to the movement of flood waters and that such construction
would not endanger the value and safety of other property or the public
health and welfare.
17-4
An area
may be removed from the Flood Plain designation when, through drainage
work, grading, flood protection, or specific drainage study, it is
determined by the Town Council that the flood hazard has been alleviated.
17-5
The fact
that land is, or is not, within a district having a Flood Plain designation
shall not be interpreted as assurance that such land or area, is or
is not, subject to periodic local flooding.
(Ordinance 37 adopted 2/27/88; Ordinance 05-32, sec. 4, adopted 12/19/05)
18-1
Requirements:
All roofing and roof structures shall be constructed in accordance
with and meet the requirements set forth hereinafter.
(3)
Acceptable
Roofing Materials:
a.
Laminated
composite shingles with a minimum 25 year manufacturer’s warranty;
b.
Stone-coated
galvanized steel shingles;
c.
Standing
seam metal (Galvanized steel and copper only; 26 gauge minimum thickness
only.) (No exterior fasteners allowed);
d.
Slate;
e.
Clay or
cement tiles;
f.
Any new
materials that may become available in the future due to technological
advancements, provided, however, that such materials must first be
reviewed and approved by the Planning and Zoning Commission of the
Town of Double Oak, after consultation with roofing and insurance
experts and the Double Oak Volunteer Fire Department; or
g.
Three
tab shingles only for buildings and structures under 200 square feet
in footprint.
18-2
Applicability:
These requirements shall be applicable to all new roofs and
the replacement of existing roofs constructed hereafter and shall
apply equally to all primary structures and accessory buildings and
other structures (i.e. – gazebos, pool houses, etc.), in which
the roofing material is to complement that of the primary structure.
The exception to this is structures built to provide shade, i.e.,
arbor-type structures with “roofs” constructed of several
parallel wood slats (2"x2", 2"x4", 2"x6"), spaced a minimum of 2"
apart.
(Ordinance 37 adopted 2/27/88; Ordinance 05-17, sec. 2, adopted 4/4/05; Ordinance 05-17, sec. 3, adopted 4/4/05)
[1]
Editor’s note–Section 3 of Ordinance 05-32, adopted December 19, 2005, specifically renumbers section 14, “SP” specific use permit district, as section 16, and section 4 of that same ordinance specifically renumbers section 16, “FP” floodplain subdistrict, as section 17. However, Ordinance 05-32 and no subsequent ordinance make any provisions for renumbering existing section 17, roofing. To avoid duplication and confusion, the editor has renumbered section 17, roofing as section [18] roofing.
21-1
A nonconforming
status shall exist under the following provisions of this ordinance:
(1)
When a
use or structure which does not conform to the regulations prescribed
in the district in which such use or structure is located was in existence
and lawfully operating prior to the adoption of the previous Zoning
Ordinance and has been operating since without discontinuance.
(2)
When on
the effective date of this Ordinance, the use or structure was in
existence and lawfully constructed, located and operating in accordance
with the provisions of the previous Zoning Ordinance or which was
a nonconforming use thereunder, and which use or structure does not
now conform to the regulations herein prescribed for the district
in which the use or structure is located.
21-2
No nonconforming
use or structure may be expanded or increased beyond the lot or tract
upon which such nonconforming use is located as of the effective date
of this Ordinance except to provide off-street loading or off-street
parking space upon approval of the Board of Adjustment.
21-3
Repairs
and normal maintenance may be made to a nonconforming building, provided
that no structural alterations or extensions shall be made except
those required by law or ordinance, unless the building is changed
to a conforming structure.
21-4
Any nonconforming
use may be changed to a conforming use and once such change is made,
the use shall not thereafter be changed back to a nonconforming use.
21-5
Where a
conforming use is located in a nonconforming structure, the use may
be changed to another conforming use by securing a Certificate of
Occupancy from the Building Official.
21-6
When a nonconforming
use or business involving a permanent type structure is discontinued
or the structure vacated for a period of one (1) year, the nonconforming
use shall be deemed abandoned and such facts shall be construed as
conclusive proof of intent to abandon the nonconforming use. When
a nonconforming use or business, not involving a permanent type structure,
is discontinued or moved from the premises for a period of six (6)
months, the nonconforming use shall be deemed abandoned and such facts
shall be construed as conclusive proof of intent to abandon the nonconforming
use.
21-7
If a nonconforming
structure or a structure occupied by a nonconforming use is destroyed
by fire, the elements or other cause, it may not be rebuilt except
to conform to the provisions of this Ordinance. In the case of partial
re-construction of a nonconforming use, not exceeding fifty (50) percent
of its reasonable value, reconstruction may be permitted after a building
permit has been granted.
(Ordinance 37 adopted 2/27/88)
(Ordinance 37 adopted 2/27/88)
(Ordinance 37 adopted 2/27/88)
24-1
Amendments
Made By Ordinance
The Town Council may by ordinance amend, supplement, or change
the boundaries of the use districts; the use designation of any property;
or the regulations, standards, or requirements, of this ordinance.
Any such proposed change shall be first submitted to the Planning
and Zoning Commission for public hearing and its recommendation and
report.
24-2
Petitions
For Amendments
Any person, corporation, or group of persons having a proprietary
interest in any property, may petition the Town Council for a zoning
change or amendment to the provisions of this ordinance. All petitions
for a zoning change shall bear the signature of the owners of the
property that is the subject of the request. The Planning and Zoning
Commission may, on its own motion, institute proposals for changes
and amendments.
24-3
Public
Hearings
The zoning process is conducted as a public hearing that should
be opened and closed. Within the public hearing, there is a public
input portion which should be opened and closed.
(1)
Public
Hearing Before The Planning And Zoning Commission
After public notice has been given pursuant to Section 24-4,
a public hearing shall be held by the Planning and Zoning Commission
on any proposed change in zoning classification as well as any proposed
amendment to the zoning regulations of any zoning district.
The Planning and Zoning Commission shall first make a preliminary
report and then hold its public hearings on that report before submitting
a final report to the Town Council.
When the zoning change request is by petition, the preliminary
report shall be the request as stated in the notice of public hearing.
When the Planning and Zoning Commission makes a study and initiates
a change or amendment on its own motion, or at the request of the
Town Council, the preliminary report shall be that stated in the notice
of public hearing. Upon completion of the public hearing the Planning
and Zoning Commission shall submit its final report and recommendation
to the Town Council.
When all public input has been received the public input portion
of the hearing shall be closed. Thereafter, the Commission shall consider
the matter and make its recommendation to the Town Council in the
form of a final report. After the public input portion of the public
hearing has been closed the public may not thereafter be recognized
for the purpose of adding additional argument or input, however, the
Commission may ask questions of any person and receive additional
information in response to questions. After public input has been
closed and the Commission has no further questions, a motion should
be made to close the public hearing. Thereafter the Commission may
deliberate and vote on its final report to the Town Council which
shall be in the form of a recommendation.
(2)
Public
Hearing Before The Town Council
The Town Council, except in the case of a joint public hearing,
may not hold its public hearing until it receives a final report from
the Planning and Zoning Commission and even in the case of a joint
public hearing may not take action on the matter until it receives
the final report of the Planning and Zoning Commission.
After proper notice by publication pursuant to Section 24-4,
the Council opens the public hearing and usually calls upon staff
to summarize the proposed zoning change or amendment. This is usually
followed by the applicant's presentation. The Council then opens the
public input portion of the public hearing. When all public input
has been received the public input portion of the hearing shall be
closed. After the public input portion of the public hearing has been
closed the public may not thereafter be recognized for the purpose
of adding additional argument or input, however, the Council may ask
questions of any person and receive additional information in response
to questions. When the Council has no further questions, a motion
should be made to close the public hearing. Thereafter the Council
may deliberate and take appropriate action.
The Town Council usually acts on a zoning change or amendment
by following a two step process.
a.
The first
step is to take action on the matter by either (i) denial of the zoning
change or amendment; (ii) approval of a zoning change or amendment;
or (iii) approval of a zoning change different from that requested,
that is more restrictive or at least as restrictive, as that stated
in the public notice. Only a majority vote of the council present
and voting is required for this first step.
b.
The second
step is the adoption of an ordinance granting or making the change
where appropriate. This second step, adoption of the ordinance, usually
requires only a majority vote of those present and voting, however,
under certain circumstances a 3/4 vote of all the members of the Town
Council is required to approve the zoning change or amendment. (See
section 24-5)
(3)
The Joint
Public Hearing
The Planning and Zoning Commission and the Town Council are
hereby authorized to hold joint public hearings. If a joint public
hearing is called the Planning and Zoning Commission and the Town
Council shall hear all matters jointly. When all public input has
been received the public input portion of the hearing shall be closed.
Thereafter, the Commission shall consider the matter and make its
recommendation to the Town Council in the form of a final report.
After receiving the final report the Town Council shall consider the
matter and take any appropriate action. Although the public input
portion of the hearing is closed, the public hearing continues until
the public hearing is closed by the Town Council. The Town Council
may not continue with the public hearing or take action on the matter
until it receives the final report of the Planning and Zoning Commission.
If the Commission makes its report/recommendation at the same
meeting the Council may then proceed, keeping in mind that the public
input portion of the hearing has been closed. If either the Commission
or the Council fails to conclude the matter at the first meeting the
public hearing portion of the meeting shall be recessed and continued
to a certain date and time that shall be announced to all those attending
the meeting.
24-4
Notice
Of Public Hearings
(1)
Notice
Of Public Hearing Before The Planning And Zoning Commission
Before the 10th day before the hearing date, written notice
of each public hearing before the zoning commission on a proposed
change in a zoning classification shall be sent to each owner, as
indicated by the most recently approved municipal tax roll, of real
property within 200 feet of the property on which the change in classification
is proposed. The notice may be served by its deposit, properly addressed
with postage paid, in the United States mail. If the property within
200 feet of the property on which the change is proposed is located
in territory annexed to the municipality and is not included on the
most recently approved municipal tax roll, the notice shall be given
by publication published in the official newspaper at least 15 days
before the date of the hearing.
(2)
Notice
Of Public Hearing Before The Town Council
Notice of the public hearing to be held by the Town Council,
before adopting any proposed amendment, supplement or change, shall
be published once in the official newspaper of the Town at least fifteen
(15) days before the date of the hearing.
(3)
Notice
Of Public Hearing For Joint Public Hearing
Where the public hearing is to be a Joint Public hearing before
the Planning and Zoning Commission and the Town Council, the joint
notice shall be mailed in time to give each owner, as indicated by
the most recently approved municipal tax roll, of real property within
200 feet of the property on which the change in classification is
proposed, 10 days notice, and the joint notice shall be published
at least 15 days before the date of the hearing in the official newspaper
of the Town.
(4)
Signage
Required For Zoning Changes
Any person who seeks, files or submits an application for a
change in a zoning classification shall, at said applicant's expense,
place at least one sign on the property which is the subject of the
application. Such sign shall be in black or dark lettering on a white
or light background, must state "Zoning Change Requested, Town of
Double Oak" and must bear the current telephone number and area code
of the Town Hall. The sign shall also identify the current zoning
district on the property and the classification sought by the zoning
change. It shall be sufficient to identify the abbreviated zoning
district classifications set forth in Section 3-1 of the Comprehensive
Zoning Ordinance. The sign shall be not less than four feet by two
feet in size, not less than three feet in height, and must be posted
on the property fifteen feet from the property line, facing the street
frontage of the property. The sign and lettering thereon must be of
sufficient size and type to be conspicuous and plainly visible. The
sign placement must be conspicuous and sufficiently legible so as
to be seen by any ordinarily observant person traveling upon the fronting
public street. Where a property fronts two or more public streets,
signs shall be posted facing each of the public streets. All signs
shall be approved by the Town Secretary prior to posting.
The signage required herein shall be posted within ten (10)
days after the filing of the zoning change application with the Commission.
The failure of an applicant to properly post or place the signage
required herein shall of itself be a sufficient basis to deny or,
where appropriate, recommend denial of the requested change in zoning
classification but in no event shall such failure serve to invalidate,
annul, negate, repeal or otherwise impair the validity of any ordinance
adopted hereunder.
24-5
Three-Fourths
Vote Of Town Council (When Required)
If such proposed amendment, supplement, or change has been denied
by the Planning and Zoning Commission, or if a written protest against
such proposed amendment, supplement or change has been filed with
the Town Secretary, duly signed and acknowledged by the owners of
twenty (20) percent or more, either of the area of the lots or land
included in such proposed change, or those immediately adjacent to
and extending two hundred (200) feet therefrom, such amendment shall
not become effective except by a three-fourths (3/4) vote of all the
members of the Town Council of the Town of Double Oak, to wit:
|
3/4 of 5 (full council consisting of members eligible to vote)
= minimum of 4 votes required.
|
|
3/4 of 4 (one vacancy on the 5 member council, not a mere absence)
= minimum of 3 votes required.
|
(Ordinance 37 adopted 2/27/88)
25-1
Any person,
firm or corporation requesting a change of zoning from one district
classification to another district classification is required to make
an application in writing to the Planning and Zoning Commission, and
shall submit the following information with such request:
(1)
A clearly
typed legal description of the land on which a zoning change is requested,
together with the local street address, if any.
(2)
Name and
address of the owner or owners of the property, the name and address
of the person making the application. If the application is made by
anyone other than the owner or owners, the application must contain
a statement that the applicant is authorized to act for the owner
pursuant to an attached statement in writing signed by the owner or
owners of the property authorizing the applicant to make such application
on their behalf.
(3)
The specific
district use requested and the specific district use under which the
property is regulated at the time of making the application.
(4)
A scale
drawing showing the property and any proposed public or private streets
and alleys; building sites and individual building lots; any areas
proposed for dedication or reserved as parks, parkways, playgrounds
or school sites, all easements for utilities, garbage, drainage or
street widening; all proposed changes of existing streets or street
widening; the points of ingress and egress from existing public streets;
an accurate survey of the boundaries of the tract and its topography
with contour intervals of not less than five (5) feet, or spot grades
where the relief is limited; a plan showing major drainage divides,
drainage flow paths, off-site drainage discharge onto the site and
drainage locations from the site and any areas subject to flooding
(including FEMA 100-year floodplain); a plan showing proposed water
service to the site including location of fire hydrants; and, a detailed
plan showing wastewater disposal and/or collection for each building
site.
(5)
Where
multiple types of land use are proposed, a land use plan delineating
the specific areas to be devoted to various uses shall be required.
(6)
Where
Building complexes are proposed, a site plan showing the location
of each building and the minimum distance between buildings, and between
buildings and the property line, street line and/or alley line shall
be submitted. For buildings more than one 1 story in height, except
single family and two-family residences, elevations and/or perspective
drawings may be required in order that the relationship of the buildings
to adjacent property, open spaces and to other features of the development
plan may be determined. Such drawings need only indicate the height,
number of floors and exposures for access, light and air.
(7)
A plan
indicating the arrangement and provision of off-street parking and
off-street loading where required. Such a plan may be presented as
a ratio of off-street parking and off-street loading area to building
area when accompanied by a typical example indicating the feasibility
of the arrangement proposed and when the areas where the example would
be applied are shown on the drawing of the entire site. Any special
traffic regulation facilities proposed or required to assure the safe
function of the circulation plan shall also be shown.
(8)
A designation
of the maximum building coverage of the site shall be indicated upon
the site plan.
(9)
Screening
and landscaping plan shall be required where such treatment is essential
to the proper arrangement of the development in relation to adjacent
property. Such plan shall when required include screening walls, ornamental
planting, playgrounds, wooded areas to be retained, lawns and gardens
if such are determined as necessary by the Town Council.
(10)
Any
other information concerning the property as may be required by the
Planning and Zoning Commission or the Town Council.
25-2
Upon the
filing of an application for a change in zoning with the Planning
and Zoning Commission, the applicant shall pay to the Town the basic
filing fee established by the Town Council in an amount to cover all
of the Town's costs including the cost of publication and mailing
of notices and any outside engineering costs. An additional filing
fee may be required if the applicant requests or causes a hearing
to be rescheduled thereby causing additional costs for publication
or otherwise.
26-1
Accessory Building or Accessory Structure -
Accessory Use -
Airport -
Alcoholic Beverage -
Alley -
Amusement Park -
Apartment -
Apartment House -
Area of Lot -
Attached -
Automotive Repair Garage -
Barn -
Basement -
Bedroom -
Blind Fence or Wall -
Block -
Boarding House or Rooming House -
Boarding School -
Breezeway -
Building -
Building Line -
Business Service -
(a)
(b)
(c)
(d)
Carnival -
Cellar -
Church -
Circus -
Clinic -
Club -
Commercial -
Commercial Amusement -
Condominium -
Convalescent Home -
Corner Lot -
Country Club -
Customary Agriculture Building -
Customary Home Occupation -
Day Nursery -
Depth of Front Yard -
Depth of Lot -
Depth of Rear Yard -
Detached -
District -
Duplex -
Dwelling -
Enclosed Building -
Family -
Farm, Ranch, Garden, Orchard -
Fence -
First Floor -
Four Unit Apartment House -
Fraternity House -
Front Yard -
Garage, Front Entry -
Garage, Side or Rear Entry -
Garage, Public Storage or Public Storage Garage -
Gasoline Service Station -
Grade -
(a)
(b)
(c)
Graphic Plan -
Guest House -
Half Story -
Height -
Home Occupations:
(a)
(b)
Hospital -
Hotel or Motel -
Household Pets -
Kindergarten -
Loafing Shed -
Lot -
Lot Coverage -
Lot of Record -
Manufacturing Plant -
Masonry -
Mechanical Equipment -
Minimum Square Footage of Dwelling Unit -
Mobile Home -
Mobile Home Park -
Motor Freight Terminal -
Multi-Family Dwelling -
New Car Showroom -
Non-Commercial -
Non-Conforming Use -
Nursing Home -
Office -
Off-Street Parking -
Old Persons Home -
Open Space -
Outdoor Advertising Sign -
Outside Storage -
Perimeter Plan -
Premises -
Principal Structure -
Principal Use -
Private -
Private Club -
Professional Service -
Public -
Railroad Yards -
Railway Freight Station -
Rear Yard -
Religious Institution -
Retail Store -
Rooming House -
Salvage Yard -
Servants Quarters -
Shed -
Side Yard -
Single Family Attached Unit -
Single Family Dwelling -
Sorority House -
Specific Use Home Occupation -
Stable -
Story -
Street -
Street Right-of-Way -
Structural Alterations -
Townhouse -
Triplex -
Warehousing -
Wholesale Business -
Width of Lot -
Width of Side Yard -
Well -
Well House -
The following
words, when used in this ordinance, shall have the meanings respectively
ascribed to them in this section, unless such construction would be
inconsistent with the manifest intent of the terms of this ordinance
or where the context of this ordinance clearly indicates otherwise.
shall mean a subordinate building or structure, attached
to or detached from the main building, and customarily incidental
to the principal building.
shall mean a use subordinate to and incidental to the principal
use.
shall mean a landing facility for aircraft containing a minimum
of sixty (60) acres and approved by the United States Federal Aviation
Agency.
shall mean alcohol and any beverage defined as alcohol by
the laws of the State of Texas.
shall mean a public way, public space, or thoroughfare which
affords only secondary means of access to property abutting thereon.
shall mean a lot, tract or parcel of land, or any improvement
thereon, either temporary or permanent, used in whole or in part for
the operation and maintenance of any game of skill or chance, any
circus, carnival, any riding device or devices, stationary or movable,
or any combination thereof, or any animal, any of which is operated
for a profit.
shall mean a room or suite of rooms arranged, designed or
occupied as a residence by a single family, individual or group of
individuals.
shall mean any building, or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied as three or
more apartments or which is occupied as the home or residence of three
or more families living independently of each other and maintaining
separate cooking facilities.
shall mean the recorded area of the lot.
shall mean having a substantial physical connection with
the roof line of the first floor and not extending more than 20 feet
from the side of the structure.
shall mean a garage or portion thereof in which automotive
repair and maintenance takes place, but excluding the outdoor storage
of automotive parts or inoperative automobiles.
shall mean a large building for storage of farm products,
for feed, and used for housing of farm animals or farm equipment.
shall mean that portion of a building between floor and ceiling,
which is partly below and partly above grade, but so located that
the vertical distance from grade to floor below is greater than the
vertical distance from grade to ceiling.
shall mean a room other than a kitchen, dining room, living
room, bathroom or closet. This item shall include extra dining rooms,
living rooms, and all dens, studies, game rooms, sun rooms or similar
extra rooms.
shall mean a fence or wall through which a person is unable
to see standing (6) feet from such fence or wall at ground level.
shall mean an area within the Town enclosed by streets and
occupied by or intended for buildings; or, if said word is used as
a term of measurement, it shall mean the distance along a side of
a street between the nearest two streets which intersect said street
on said side.
shall mean a building, other than a hotel, where lodging
and meals are served for compensation.
shall mean a place of instruction and training where four
(4) or more pupils are housed over night and given the majority of
their meals on the premises.
shall mean a covered passage one story in height connecting
a main structure and an accessory building.
shall mean any structure or building for the support, shelter
and enclosure of persons, animals, chattels or movable property of
any kind.
shall mean a line parallel or approximately parallel to the
street line and beyond which buildings may not be erected.
shall mean a commercial use (other than retail sales and
professional services) devoted to:
The fabrication, processing, assembly, cleaning, or repair of
articles of goods, wares, merchandise, foods, liquids or plants, but
excluding the manufacturing of such articles and automobile repair
garages.
The instruction, training or physical treatment of animals,
but excluding animal shelters or places where animals are kept on
the premises overnight.
The providing of temporary abodes for transient persons, such
as a hotel or motel.
The providing of food, drink or entertainment to persons.
shall mean a temporary traveling show or exhibition usually
housed in tents and which has no permanent structure or installation.
shall mean that portion of building between floor and ceiling
which is partly below and partly above grade, but so located that
the vertical distance from grade to the floor below is greater than
the vertical distance from grade to ceiling.
shall mean the place of worship and religious training of
recognized religions, including the on-site housing of ministers and
families, priests, rabbis and nuns.
shall mean a temporary traveling show or exhibition usually
housed in tents and which has no permanent structure or installation.
shall mean an institution or facilities for examining, consulting
with and treating patients, including offices, laboratories and out-patient
facilities, but not including hospital beds and rooms for acute or
chronic care.
shall mean an association of persons or promotion of some
common object, such as literature, science or good fellowship, and
jointly supported by its members and carries the privilege of exclusive
use of a club building and premises.
shall mean any business, other than a customary home occupation
or manufacturing business, which involves the exchange of goods or
services for the remuneration of a person occupying the premises upon
which the transaction or part thereof takes place.
shall mean an amusement enterprise offering entertainment
or games of skill to the general public for a fee or charge.
means the separate ownership of single units or apartments
in a multiple unit structure or structures with common elements as
defined in Article 1301a, Tex. Rev. Civ. Stat. Ann.
shall mean any structure, other than a hospital, used for
or occupied by persons recovering from illness or suffering from the
infirmities of old age.
shall mean a lot situated at the junction of two or more
streets.
shall mean an area of twenty (20) acres or more containing
a golf course and a club house available only to membership of the
country club and their guests, including facilities for dining and
entertainment, swimming, tennis and similar recreational facilities
and services.
shall mean a structure for storing or housing the usual products
and animals raised or maintained on a farm, such as a barn, poultry
house, stable, machinery shed or granary.
See Home Occupations.
shall mean a place where children are left for care between
the hours of 6:00 a.m. and 12:00 midnight.
except where otherwise provided, shall mean the minimum distance
from the front of a building to the front lot line.
shall be defined as the mean horizontal distance between
the front and rear lot lines.
shall be defined as the mean horizontal distance between
the rear line of a building other than an accessory building and the
rear lot line.
shall mean having no physical connection above the top of
the floor line of the first floor with any other building or structure.
shall mean a section of the Town of Double Oak for which
the regulations governing the area, height and use of buildings are
uniform.
shall mean a detached building having separate accommodations
for two single family dwellings or occupied by two families.
shall mean an enclosed building or portion thereof having
accommodations for only one family or occupied by one family.
shall mean a structure which is floored, roofed and surrounded
by outside walls, which contains no opening larger than 120 square
feet in area normally open to the air and which contains no series
of openings forming a divided opening larger than 120 square feet
in area normally open to the air.
shall mean any number of individuals living together as a
single housekeeping unit interdependent upon one another.
shall mean an area of three (3) acres or more which is used
for the growing of usual farm products, vegetables, fruits, trees
and grain and their storage as well as the raising of usual farm poultry
and farm animals such as horses, cattle, sheep and swine, including
dairy farms, with the necessary accessory uses for treating and storing
the produce, but not including the commercial feeding of swine or
other animals.
shall mean a railing, wall or any other means of enclosure
or separation, including, but not limited to: wood fencing such as
post and rail, picket, trellis or panel; wire mesh and chain link;
wrought iron or aluminum; stone or brick; or, plastic materials having
similar appearance to any of the foregoing (barbed wire or above-ground
electrified fences are permitted only in agricultural districts).
shall mean a floor and the space above it between the floor
and the next floor or the ceiling or roof, the height of said space
being no more than 5' below grade.
shall mean a detached building containing four single family
attached dwellings.
shall mean a building used for a meeting place for men's
organization which maintains sleeping accommodations for its members
only or for a portion thereof.
shall mean an open unoccupied space on a lot facing a street
and extending across the front of a lot between the side yard lines.
shall mean a structure or portion thereof for the accessory
use of storing or parking of private motor vehicles owned by the occupant
of the premises, located in front of or to the side of the living
area, where the access thereto is from the front property line.
shall mean a structure or portion thereof for the accessory
use of storing or parking of private motor vehicles owned by the occupant
of the premises, with the access or door facing the side or rear property
line.
shall mean a building or portion thereof, not a private garage,
constructed or used for the storage or parking of passenger motor
vehicles and trucks less than one-ton capacity only, where the rental
of space is on an hourly, weekly or monthly basis.
shall mean a place or establishment where gasoline, oil,
grease or motor vehicle accessories are sold, supplied, or dispensed
to the retail motor vehicle trade.
shall mean:
For buildings having walls adjoining one street only, it is
the elevation of the sidewalk at the center of the wall adjoining
the street.
For buildings having walls adjoining more than one street, it
is the average of the elevation of the sidewalk at the center of all
walls adjoining the street.
For buildings having no wall adjoining the street, it is the
average level of the finished surface of the ground adjacent to the
exterior walls of the building.
shall mean a map indicting the proposed areas of common land
usage by generalized sketch.
shall mean a secondary structure on a lot containing dwelling
accommodations, but excluding kitchen facilities, for the temporary
occupancy by guests and not for rent or permanent occupancy, and such
building not having a separate utility meter.
shall mean a story under a gable, hip or gambrel roof, the
wall plates of which on at least 2 exterior walls are not more than
2 feet above the floor of such story.
shall mean when referring to the height of a building or
portion thereof, the measurement from the average established grade
at the street lot line, or from the average natural ground level if
higher, or if no street grade has been established, to the highest
point of the roof's surface if a flat surface, to the deck line of
mansard roofs, and to the mean height level between eaves and ridge
for hip and gable roofs. In measuring the height of buildings, the
following structures shall be excluded: chimneys, cooling towers,
elevator bulkheads, radio towers, ornamental cupolas, domes or spires,
and parapet walls not exceeding four (4) feet in height.
Customary Home Occupation -
shall mean an occupation or business conducted within a residential
dwelling unit by a member of the occupants' family, without customers
or the general public making more than two (2) visits per day to the
dwelling; without the installation of machinery other than that customary
adapted to usual household operation; without structural alteration
to the dwelling or any of its rooms; without having a separate entrance
for the business; where the activity employs only members of the immediate
family of the resident of the dwelling; where there is no external
evidence of the business occupation detectable from any lot line,
including but not limited to, advertising signs, displays, smoke,
dust, fumes, glare, vibration, electrical disturbance, storage of
materials or equipment, traffic or the parking of vehicles in a manner
evidencing conduct of the business.
Specific Use Home Occupation -
shall mean an occupation or business conducted within a residential
dwelling unit by a member of the occupants' family, pursuant to a
valid Specific Use Permit Zoning Classification that establishes conditions
as to the frequency of visits by customers and the general public,
and establishes conditions in regard to the installation and use of
machinery not customary adapted to usual household operation; without
structural alteration to the dwelling or any of its rooms; without
having a separate entrance for the business; where the activity employs
only members of the immediate family of the resident of the dwelling;
where there is no external evidence of the business occupation detectable
from any lot line, including but not limited to, advertising signs,
displays, smoke, dust, fumes, glare, vibration, electrical disturbance,
storage of materials or equipment, traffic or the parking of vehicles
in a manner evidencing conduct of the business.
shall mean an institution or place where sick or injured
in-patients are given medical or surgical care, at either public or
private expense, but excluding institutions where persons suffering
from permanent types of illness, injury, deformity or deficiency or
age are given care and treatment on a prolonged or permanent basis.
shall mean a building or arrangement of buildings designed
and occupied as temporary abiding place of individuals who are lodged
with or without meals, in which the rooms are usually occupied single
for hire, in which there are not provisions for cooking in individual
rooms or apartments.
shall mean pets kept indoors.
shall mean school for children of preschool age, in which
constructive endeavors, object lessons and helpful games are prominent
features of the curriculum.
a slight structure, built for shelter or storage, which is
a single story building with one side unenclosed.
shall mean a tract of land occupied or to be occupied by
a building and its accessory buildings, and including such open spaces
as are required under this ordinance, and having its principal frontage
upon a public street or officially approved place.
shall mean the total area of a lot upon which is placed a
building, buildings or other structures.
a lot which is part of a subdivision, the plat of which has
been recorded in the Office of the County Clerk of Denton County,
Texas, prior to the effective date of this ordinance.
an establishment devoted to the fabrication, processing,
assembling, cleaning or repair of articles, foods, liquids, and/or
plants in a space of 15,000 square feet or greater, if in an enclosed
building or in a space of 25,000 square feet or greater, if in an
unenclosed or incompletely enclosed space.
shall mean brick or stone or stucco. As used herein, "stucco"
shall mean exterior Portland cement, hand-applied in three (3) coats
to a minimum thickness of 3/4 inches. Exposed or painted cement, concrete
or cinder blocks, fiber cement siding or other materials of similar
characteristics shall not be permitted or considered as masonry.
any machinery designed or manufactured for permanent installation
in one place, either outside of a building or inside of a mechanical
equipment building or room, driven by a motor or motors of more than
five (5) horsepower or more.
shall mean the minimum square footage of living space required
per dwelling unit, excluding porches, patios, or areas designated
for automobile parking.
any vehicle used or manufactured to be used as a temporary
or permanent dwelling or sleeping place for one or more persons, and
having no foundation other than wheels, jacks or skirting so arranged
as to be integral to or portable by the vehicle, and shall include
self-propelled and non-self-propelled vehicles so designed, constructed,
reconstructed or added to by means of accessories in such manner as
will permit the occupancy thereof as a temporary or permanent dwelling
or sleeping place for one or more persons.
any lot, tract or parcel of land used in whole or in part
for the parking of mobile homes used for or to be used as a temporary
or permanent dwelling or sleeping place for one or more persons by
the day or week, or for a longer period of time with or without compensation
and where parking facilities are provided for one or more automobiles
and mobile homes to be used for temporary or permanent dwellings.
an establishment which charges for the transportation of
goods by motor truck from one city to another, designed for storing
and handling of goods so transported or to be transported, and for
the parking, storing and maintenance of motor trucks engaged in such
transportation.
a building or buildings containing or aggregating more than
four single family dwelling units.
an establishment of a dealer of new automobiles, authorized
by the manufacturers of the automobiles.
pertaining to an enterprise which provides goods and/or services
only to its members, stockholders or shareholders and their guests,
and which returns all profits from the operation, if any, to the members,
stockholders or shareholders, in accordance with their share of investment.
a building, structure or use of land lawfully occupied at
the time of the effective date of this ordinance or amendments hereto,
and which does not conform to the use regulations of the district
in which it is situated.
an institution where persons suffering from generally permanent
types of illness, injury, deformity, or deficiency of age are given
care and treatment on a prolonged or permanent basis, and which is
licensed by the State of Texas or the Town of Double Oak.
a place where the transaction of business occurs exclusive
of retail sales and transfer of goods, manufacturing and storage of
commodities.
hard all-weather surface areas upon which automobiles may
be parked and which area has access to a public street.
an institution where those persons suffering from generally
permanent or prolonged types of illness or deficiency resulting from
old age are given care and treatment on a prolonged or permanent basis,
and which is licensed by the State of Texas or the Town of Double
Oak.
shall be all land designated for the recreational enjoyment
and/or natural beauty of the area.
a signboard advertising a service, commodity, goods, wares,
merchandise or opinion not sold or offered to the public at the site
upon which the signboard is located.
the storage of commodities, goods and/ or refuse outside
of an enclosed building.
a map indicating the proposed areas of common land usage
on a tract of land three hundred (300) feet in depth adjacent to and
within the total perimeter of the district.
a piece of land or real estate owned, rented, leased, used
or occupied distinct from those adjacent by virtue of different ownership,
rental lease, usage or occupancy.
a building or structure, the use of which is a principal
use.
a use which, in comparison with another use occurring on
the same property, has the greatest effective producing power.
excluding those who have not been invited.
a social organization to which membership is by invitation
only, and its meeting place in which only members and their guests
are permitted, but excluding private clubs in which alcoholic beverages
are stored, possessed or consumed.
work performed by a member of a profession licensed as a
profession by the State of Texas.
promotion of a public cause or service, including utilities
having a franchise from the town of Double Oak, but excluding other
profit-making organizations.
a place for the storage of railway cars, boxcars and engines.
an establishment which charges for the transport of goods
by railway from one city to another, designed for storing and handling
of goods so transported or to be so transported, but excluding the
outside storage of railway cars, boxcars and engines.
a space unoccupied by a principal structure extending for
the full width of the lot between a principal structure and the rear
lot line.
shall be held to include a church as defined herein.
a place where goods, wares, merchandise and commodities are
sold and transferred directly to the purchaser or consumer in small
quantities such as by the single yard, pound, gallon, or single articles
as opposed to wholesale trade.
an establishment which provides upon a rental basis, either
permanently or for a prolonged period of time, abiding places for
single people in single rooms, but which does not provide temporary
abode for transient persons.
the outside storage of refuse and the recovery of usable
portions of same.
an accessory dwelling located on a lot with a main residence
structure and used as living quarters for persons employed on the
premises only, and not for rent or use as a separate domicile of other
than persons employed on the premises, and with no separate utility
meters.
a slight structure, built for shelter or storage, which is
a single story building with one or more sides unenclosed.
an open unoccupied space on the same lot with a building,
situated between the building and the side line of the lot, and extending
through from the street or from the front yard to the rear line of
the lot. Any lot line not a rear line or a front line shall be deemed
a side line.
a portion of an enclosed building having accommodations for
and occupied by only one family, attached to like units, which units
may be sold individually provided that the entire building meets all
lot, area, front yard, side yard, rear yard, height and other zoning
requirements.
an enclosed building having accommodations for and occupied
by only one family, which building must of itself meet all the lot,
area, front yard, side yard, rear yard, height and other zoning requirements
and may include an attached private garage.
a meeting place for a women's organization, which maintains
sleeping accommodations for its members or a portion thereof, but
its members only.
See Home Occupations.
an accessory building for quartering horses on a farm or
lot when set back from adjacent property lines a minimum distance
per requirements of zone in which constructed.
that portion of a building between the surface of any floor
and the surface of the floor next above it, or if there be no floor
above it, then the space between such floor and the ceiling next above.
any public thoroughfare dedicated to the public and not designated
as an alley.
shall mean a street, including its pavement and all the publicly
owned property adjacent to it, dedicated for street purposes.
shall mean any change in the supporting members of a building,
such as bearing walls, columns, beams or girders.
shall mean a single family attached dwelling on a separately
platted lot which is joined at another dwelling unit on one or more
sides by a party wall or abutting walls and occupied by not more than
one family.
shall mean a detached building containing three single family
dwellings attached.
shall mean storage in an enclosed building 5,000 square feet
in area or larger, of articles, foods, liquids and/or plants including
all necessary office and/or sales spaces, but not including motor
terminal facilities or railway freight station facilities.
shall mean a commercial use devoted to the sale of goods
and commodities in large lots to retail outlets and stores and manufacturers.
shall mean the distance between the side property lines measured
at the building nearest the front property line at the property line,
measuring parallel to the front property line, perpendicular to a
side line, or perpendicular to a line bisecting the angle between
two side lines, whichever is least.
shall mean the least distance between a side wall of a building
and the side line of the lot.
shall mean any excavation and the associated equipment used
to extract liquid or gas from the earth.
shall mean any structure intended to cover the equipment
associated with a well.
(Ordinance 37 adopted 2/27/88)
27-1
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, incurred prior to the time
the existing zoning ordinance was repealed and this Zoning Ordinance
adopted, shall be discharged or affected by such repeal; but prosecutions
and suits for such offenses, liabilities, penalties, or forfeitures
may be instituted or causes presently pending proceeded with in all
respects as if such prior ordinance had not been repealed. Any pending
civil litigation filed prior to the time the existing zoning ordinance
was repealed and this Zoning Ordinance adopted that involves rights
or duties in regard to the repealed ordinance shall proceed in all
respects as if such prior ordinance had not been repealed and this
ordinance had not been adopted.
(Ordinance 37 adopted 2/27/88)
28-1
All ordinances,
or parts of ordinances, in conflict with this ordinance are hereby
repealed. Town of Double Oak Zoning Ordinance No. 37, adopted on February
27, 1988, is specifically repealed.
(Ordinance 37 adopted 2/27/88)
29-1
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
provision thereof other than the part so decided to be invalid or
unconstitutional.
(Ordinance 37 adopted 2/27/88)
30-1
Any person,
firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction, shall
be punished by a penalty of fine not to exceed the sum of two thousand
dollars ($2,000.00) for each offense, and each and every day such
offense continues shall constitute a new and separate offense.
(Ordinance 37 adopted 2/27/88)
31-1
This ordinance
shall take effect immediately from and after publication of its caption,
as the law in such cases provides.
(Ordinance 37 adopted 2/27/88)
32-1
All provisions
of the comprehensive zoning ordinances of the Town of Double Oak in
conflict with the provisions of this ordinance be and the same are
hereby repealed. An offense committed before the effective date of
this ordinance is governed by the prior law and the provisions of
the comprehensive zoning ordinances of the Town of Double Oak, as
amended, in effect when the offense was committed and the prior law
is continued in effect for this purpose. Should any sentence, paragraph,
subdivision, clause, phrase or section of this ordinance be adjudged
or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this ordinance as a whole or any part hereof
other than the part so decided to be unconstitutional, illegal or
invalid, and the same shall not affect the validity of the comprehensive
zoning ordinances as a whole. This Ordinance shall take effect immediately
from and after its passage and the publication of the caption, as
the law in such cases provide.
(Ordinance 37 adopted 2/27/88)
