This ordinance shall be known and may be cited as the "Zoning
Ordinance of the City of River Oaks, Texas."
(Ordinance 1394-2023 adopted 11/28/2023)
In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements adopted for
the promotion of the public health, safety and welfare. The zoning
regulations and districts as herein established, have been made in
accordance with a comprehensive plan, for the purpose of promoting
health, safety, morals and the general welfare of the City of River
Oaks; they have been designed, among other things to lessen congestion
in the streets, to secure safety from fire, panic and other dangers,
to provide adequate light and pure air; to avoid undue concentration
of population, and to facilitate adequate provisions for transportation,
water, sewerage, schools, parking areas and other public requirements.
(Ordinance 1394-2023 adopted 11/28/2023)
It is not intended by this Ordinance to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, (except as the same may be specifically repealed
by the terms of this Ordinance) or with private restrictions placed
upon property by covenant, deed, easement or other private agreement.
Where this Ordinance imposes a greater restriction upon land or structures
than is imposed or required by other laws, ordinances, deeds, covenants
or agreements, the provisions of this Ordinance shall govern.
(Ordinance 1394-2023 adopted 11/28/2023)
For the purpose of this Ordinance, certain terms and words are
defined as follows:
Words used in the present tense include the future; words in
the singular number include the plural; words in the plural number
include the singular; the word "shall" is mandatory, and not directory;
the words "used" or "occupied" include the words "intended," "designed,"
or "arranged to be used or occupied."
Contiguous or sharing a common border or boundary with other
property. Abutting, adjacent and adjoining shall include property
immediately across an alley but shall not include property across
a street.
A subordinate building having a use customarily incident
to and located on the same lot occupied by the main building; or a
use customarily incident to the main or principal use of the property.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building, or is under an extension of the main roof and designed
as an integral part of the main building.
A public right-of-way which is used primarily for vehicular
service access to the back or side of properties otherwise abutting
on a street or highway or for access to utilities.
An establishment offering for sale articles such as glass,
china, furniture, or similar furnishings and decorations, which have
value and significance as a result of their age, where more than 75%
of the establishment's total inventory is over 30 years old,
with all sales and storage occurring inside a building.
A room or suite of rooms in an apartment house arranged,
designed or occupied as a dwelling unit or residence by a single-family,
individual, or group of individuals. (Also known as multifamily residential
dwellings.)
An event at which objects such as paintings are shown to
the public.
A building, shop or place where vehicular repairs are performed
on cars, trucks, vans, motorcycles, heavy equipment, oversized vehicles
and any other motor powered equipment when deemed by the Zoning Administrator
to be a motorized, self-propelled vehicle including but not limited
to tire shops, paint and body shops, transmission shops, muffler shops,
and engine overhauling but does not include upholstery shops, tinting
shops, glass replacement, automotive parts and express oil changing
and lube stations.
See Rooming House.
The creation of an opening in an individual's body,
other than in an individual's earlobe, to insert jewelry or another
decoration.
A facility in which body piercing is performed and is fully
compliant with the requirements of chapter 146 of the Texas Health
and Safety Code, as amended.
A covered passage one story in height and six feet or more
in width connecting a main structure and an accessory building.
Any structure built for support, shelter, and/or enclosure
of persons, animals, chattels or movable property of any kind. When
subdivided in a manner sufficient to prevent the spread of fire, each
portion so subdivided may be deemed a separate building.
The Code adopted by the city council which establishes minimum
standards and regulations for buildings and structures within the
city; provided, however, for residential structures, the term shall
refer to the International Residential Code, as adopted and amended,
by the city council.
A line parallel or approximately parallel to the street,
or, from the back of the curb, to a point on the lot, marking the
minimum distance from the prevailing edge of the street that a structure
or sign may be erected. (See also front, side, and rear yards.)
Includes local retail, commercial, industrial, and manufacturing
uses and districts as herein defined.
A structure, attached or detached, open on a minimum of two
sides designed or used to shelter not more than two vehicles.
A carport, awning, patio cover and/or shed which is sold
and installed as a pre-folded fabricated kit which does not meet the
requirements for permanent building structures in the city's
building code.
A carport, canopy, awning, patio cover and/or shed used to
provide shelter in connection with construction work.
A building story with more than one-half its height below
the average level of the adjoining ground. A cellar shall not be counted
as a story in computing building height.
An official certificate issued by the city which indicates
conformance with all applicable building and zoning regulations and
authorizes legal use and occupancy of the premises for which it is
issued.
The city of River Oaks, Texas.
The city council of the city of River Oaks, Texas.
Offices for one or more physicians, surgeons, or dentists
engaged in treating the sick or injured, but not including rooms for
the over night occupancy of patients.
A building dedicated to social or recreational activities,
servicing the city or a neighborhood, and owned and operated by the
city, or by a nonprofit organization dedicated to promoting the health,
safety, morals or general welfare of the city.
A community based residential home which qualifies as a community
home under section 123.004 of the Texas Human Resources Code, as amended,
and which houses not more than six persons with disabilities and two
supervisors.
The City of River Oaks, Texas Comprehensive Plan, adopted
by the city council of the City of River Oaks.
A multifamily dwelling facility within which designated units
or apartments are conveyed fee simple title, with an undivided interest
in the building's common elements, to include, but not limited
to, halls, stairs, elevators, roofs, parking spaces, and the land.
An open, unoccupied space, bounded on three or more sides
by the walls of a building. An inner court is a court entirely surrounded
by the exterior walls of a building. An outer court is a court having
one side open to a street, alley, yard or other permanent space.
An event where people sell decorative objects that they have
made by hand.
A place meeting the requirements of and registered as a Registered
Family Home with the Texas Department of Human Services where 12 or
fewer children are left for care for less than 24 hours a day.
A place where more than 12 children are left for care any
part of the 24 hours of the day.
A section of the city for which the regulations governing
the area, height, or use of land and buildings are uniform.
A hard surface which meets the requirements of Section 20
extending from the pavement in a public street at the property's
drive approach to the rear of the principal structure as located on
the individually platted lot in order to facilitate a minimum of two
parking spaces. At the property owner's discretion, driveways
in a residential zoning district may be extended to the rear of the
structure between the structure and side property lines of the structure
providing the parking surface is a minimum 3-1/2 thick solid poured
concrete driveway flatwork rated at a minimum of 2500 p.s.i. and constructed
in compliance with the city's most recently adopted building
code and/or NCTCOG specifications, whichever is applicable.
Ribbon concrete driveway from street right-of way, which
consist of two parallel strips of concrete, mortar-set stone or brick,
or solid or turf pavers with an open, unpaved space in between shall
be required to be completely filled in with concrete before final
approval of a newly constructed carport or garage on the lot. The
Carport or Garage shall be placed on solid concrete surface from the
street right-of-way to the rear of carport or garage.
A detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
One room or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental
or lease on a weekly, monthly, or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure,
and containing only one kitchen plus living, sanitary, and sleeping
facilities.
A building or part of a building in which Eight Liner Machines
are present and maintained as the primary use. For the purpose of
this definition, "primary use" means 51% or more of the gross floor
area of the portion of the structure being used (not to include any
area of a structure being used as restroom facilities, storage, or
for other purposes not open to the public or customers).
Any electronic, electro-mechanical, or mechanical contrivance
that for a consideration affords the player an opportunity to obtain
anything of value, the award of which is determined solely or partially
by chance, whether or not the award is automatically paid by the contrivance,
including video versions of slot machines and other such machines.
One or more persons who are related by blood, marriage, adoption,
or foster assignment, or a group of not more than three adults, living
together as a single housekeeping unit with single kitchen facilities,
on a nonprofit cost-sharing basis.
A person or entity that produces agricultural products including,
but not limited to, fruits, vegetables, fungi, grains, fiber, honey,
dairy products, meat, poultry, or eggs, by practice of the agricultural
arts upon land that the person or entity owns, rents, leases, or to
which the person or entity otherwise has access.
A designated location used for a recurring event at which
a majority of the vendors are farmers or other food producers who
sell food directly to consumers. A farmers' market must include
at least two vendors who meet the definition of "farmer" and may include
vendors who meet the definition of "food producer." In addition, a
farmers' market may include vendors who are not "farmers" or
"food producers," if "farmers" and "food producers" constitute the
majority of vendors who participate in the market throughout the year.
Farmers Markets do not include flea markets or selling of poultry,
pets and livestock. Farmers markets facilitate personal connections
and bonds of mutual benefits between farmers, shoppers, and communities.
A structure that provides a physical barrier. It includes
a wall, a hedge over 30 inches in height, and does not include dikes
and retaining walls for the purpose of diverting water and retaining
soil.
The total (gross) square feet of floor space within the outside
dimensions of a building including each floor level, but excluding
cellars, attics, porches, carports or garages that are not designed
for residential or business occupancy.
A person who grew, raised, processed, prepared, manufactured,
or otherwise added value to the food product the person is selling.
The term does not include a person who only packaged or repackaged
a food product.
All the property abutting on one side of the street between
two intersecting streets, measured along the street line.
An enclosed accessory building for storage of motor vehicles,
boats, travel trailers, and household goods owned and used by the
owners or tenants of the premises.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles, which is operated
for commercial purposes.
A building or portion thereof, other than a private garage,
used exclusively for parking or storage of self-propelled vehicles,
but with no other services provided except facilities for washing.
The measure of vertical elevation above some reference point,
usually mean sea level. Grade is measured as the average level of
the finished surface of the ground adjacent to the exterior wall of
the building.
When pertaining to new construction of a parking surface,
a hard surface shall mean a minimum 3-1/2 inches thick solid poured
concrete flatwork rated at a minimum of 2500 p.s.i. or compacted 2-inch
hot-mix asphalt with finished or rolled edges and must be compliant
with the City's most recently adopted building code and/or NCTCOG
Specifications, as well as the City of River Oaks Code of Ordinances,
whichever is applicable. Furthermore, when pertaining to new parking
surfaces within any residentially zoned property in the city, the
following requirements shall be met:
Front Yard or Side Yard Parking Surface. From the pavement in a public street at the property's drive
approach to the rear of the principal structure as located on the
individually platted lot; any new parking surface shall be a continuous
minimum 3-1/2 inches thick solid poured concrete flatwork parking
surface rated at a minimum of 2500 p.s.i. constructed in accordance
to the City's most recently adopted building code and/or NCTCOG
Specifications and the River Oaks Code of Ordinances, whichever is
applicable;
Rear Yard Parking Surface. From the rear
of the principal structure as located on the individually platted
lot; any new parking surface constructed shall either be a minimum
3-1/2 inches thick solid poured concrete flatwork rated at a minimum
of 2500 p.s.i. or compacted 2-inch hot-mix asphalt with finished or
rolled edges; both constructed in compliance with either the City's
most recently adopted building code and/or NCTCOG Specifications and
the River Oaks Code of Ordinances, whichever is applicable.
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Exception: An existing gravel type driveway that was constructed
prior to the effective date of this Ordinance having been (1) approved
by the Building Official and (2) shall be maintained in such a manner
that the physical outside edge of the existing driveway is properly
maintained and edged or is bordered with a pre-formed, circular, tapered
or flat shaped pattern constructed out of concrete, asphalt curbing,
brick, rock, metal, decorative rock, railroad ties, treated lumber,
rubber and plastic or other suitable material in such a manner as
to not alter the natural drainage flow; and (3) existing gravel type
driveways are required to be properly maintained prior to being approved
for a certificate of occupancy after the effective date of this ordinance;
and (4) before a substandard house can be approved for occupancy,
the driveway from the pavement in a public street at the property's
drive approach to the rear of the principal structure as located on
the individually platted lot; the parking surface shall be a continuous
minimum 3-1/2 inches thick solid poured concrete flatwork parking
surface rated at a minimum of 2500 p.s.i. constructed in accordance
to the City's most recently adopted building code and/or NCTCOG
Specifications and the River Oaks Code of Ordinances, whichever is
applicable.
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The vertical distance of a building measured from the average
established grade at the street line or from the average natural front
yard ground level, whichever is higher, to 1) the highest point of
the roof's surface of a flat roof, 2) the deck line of a mansard
roof, or 3) the mean height level between eaves and ridge of a gable,
hip, or gambrel roof; and, in any event, excluding chimneys, cooling
towers, elevator bulkheads, penthouses, tanks, water towers, radio
towers, ornamental cupolas, domes or spires, and parapet walls not
exceeding 10 feet in height. If the street grade has not been officially
established, the average front yard grade shall be used for a base
level.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
An occupation conducted in a dwelling unit.
One or more buildings containing individual living or sleeping
units specially designed as temporary quarters for transient guests,
including provisions for meals and personal services. A hotel includes
a bed and breakfast, tourist hotel, motor hotel, and a motel.
A commercial structure that is constructed in one or more
modules or constructed using one or more modular components built
at a location other than the permanent commercial site, and that is
designed to be used as a commercial building when the modules or modular
components are transported to the permanent commercial site and are
erected or installed on a permanent foundation system. The term includes
the plumbing, heating, air conditioning, and electrical systems. The
term does not include any commercial structure in excess of three
stories or 49 feet in height as measured from the finished grade elevation
at the building entrance to the peak of the roof.
A residential structure that is designed for use and occupancy
of one or more families, which is constructed in one or more modules
or constructed using one or more modular components built at a location
other than the permanent residential site, and that is designed to
be used as a permanent residential structure when the modules or modular
components are transported to the permanent site and erected or installed
on a permanent foundation system. The term includes the plumbing,
heating, air conditioning and electrical systems. The term does not
include any residential structure that is in excess or three stories
or 49 feet in height as measured from the finished grade elevation
at the building entrance to the peak of the roof. The term shall not
mean nor apply to:
Housing constructed of sectional or panelized systems not utilizing
modular components; or
Any ready-built home which is constructed so that the entire
living area is contained in a single unit or section at a temporary
location for the purpose of selling it and moving it to another location.
Tex. Rev. Civ. Stat. Art. 5221f.
Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead
or scrap zinc and all other metals and their alloys, and bones, rags,
used cloth, used rubber, used rope, used tinfoil, used bottles, old
cotton, used machinery, used tools, used appliances, used fixtures,
used utensils, used boxes or crates, used pipe or pipefittings, used
tires, used automobiles or airplanes, and other manufactured goods
that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition and subject to being dismantled for junk.
A school other than a public school for children of pre-public
school age in which constructive endeavors, object lessons and helpful
games are prominent features of the curriculum.
A parcel of land which is shown on an approved plat recorded
in the county plat records. (See also: tract.)
The percentage of the total area of lot occupied by the base
(first story or floor) of buildings located on the lot.
The lines bounding a lot.
Lot line, front. The prevailing edge
of the street.
Lot line, rear. The boundary line which
is opposite and most distant from the front street line; except that
in the case of uncertainty the zoning administrator shall determine
the rear line.
Lot line, side. Any lot boundary line
not a front or rear lot line. A side lot line may be a part lot line,
a line bordering on any alley or place or side street line.
(See Figure 4-1.)
Area of the lot shall be the area of the lot within the lot
lines, expressed in square feet or acreage, including easements, and
shall not include portions of any public street or alley.
Depth of a lot shall be considered to be the distance between
the midpoints of straight lines connecting the foremost points of
the side lot lines in front and the rearmost points of the side lot
line in the rear (the mean horizontal distance between the front and
rear lot line).
Width of a lot shall be considered to be the distance between
straight lines connecting front and rear lot lines at each side of
the lot, measured across the building line provided, however, that
width between side lot lines at their foremost points (where they
intersect with the street line) shall not be less than 80 percent
of the required lot width except in the case of lots on the turning
circle of cul-de-sacs, where the 80 percent requirement shall not
apply.
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Figure 4-1. Lot Measurements
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(See Figure 4-2.)
Corner Lot. A lot abutting upon two or
more streets at their intersection. A corner lot shall be deemed to
front on that street on which it has its least dimension, unless otherwise
specified by the zoning administrator.
Interior Lot. A lot other than a corner
lot with only one street frontage and whose side lot lines do not
abut upon any street.
Through Lot. A lot other than a corner
lot with frontage on more than one street. Through lots abutting two
streets may be referred to as "double frontage" lots.
Cul-de-sac Lot. A lot whose frontage
is along the turn around portion of a street which has only one opening
and terminates with a turnaround at the closed end.
Reversed Frontage Lot. A lot abutting
two or more streets at their intersection. A reversed frontage lot
shall be deemed to front on that street at which it has its greatest
frontage unless otherwise designated on the plat or otherwise specified
by the zoning administrator.
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Figure 4-2. Lot Types
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The building or buildings on a lot, which are occupied by
the principal use.
A structure that was constructed on or after June 15, 1976,
transportable in one or more sections, and which is eight body feet
or more in width or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet, built on a permanent chassis
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and which otherwise
meets the definition of a HUD-code manufactured home in Tex. Rev.
Civ. Stat. Art. 5221f.
A gathering of people for the purchase and sale of provisions
and other commodities.
Exterior construction materials that conform to the applicable
ASTM or other approved testing requirements for masonry products pursuant
to the most recently adopted building code including but not limited
to brick, stone, stucco, granite, marble, or concrete and excluding
wood or metal. Hardiplank or cement fiberboard is only permitted that
is installed horizontally or vertically at the discretion of the Building
Official in residentially zoned districts and providing it is determined
by the Building Official to be architecturally compatible within that
particular zoning district with the other structures.
A place of business that advertises or offers massage therapy
or other massage services, which include any services offered or performed
for compensation at a massage establishment that involve physical
contact with a client, and may include the use of oil, lubricant,
salt glow, a heat lamp, a hot and cold pack, or a tub, shower, jacuzzi,
sauna, steam, or cabinet bath. A massage establishment must be in
compliance with chapter 455 of the Texas Occupations Code.
A person who practices or administers massage therapy or
other massage services to a client for compensation. The term includes
a licensed massage therapist, therapeutic massage practitioner, massage
technician, masseur, masseuse, myotherapist, body massager, body rubber,
or any derivation of those titles. A person may not act as a massage
therapist unless the person holds an appropriate license issued under
chapter 455 of the Texas Occupations Code.
The manipulation by a massage therapist of soft tissue by
hand or through a mechanical or electrical apparatus for the purpose
of body massage and includes effleurage (stroking), petrissage (kneading),
tapotement (percussion), compression, vibration, friction, nerve strokes,
and Swedish gymnastics.
General retail items including goods, products, materials,
or supplies purchased from an original supplier for the purpose of
resale including but not limited to such general retail items as apparel,
automotive parts (new or rebuilt), clothing, cosmetics, dry goods,
electronics, furniture, hardware, groceries, pharmaceutical supplies,
house wares or home furnishings.
General retail items for resale including but not limited
to apparel, automobiles, automobile parts (from a junk or scrap yard),
clothing, electronics, furniture, hardware, house wares, home furnishings,
junk, scrap metal, and tires that were previously used by another
person, not the original item and includes items refurbished.
A totally enclosed facility involving one or more buildings
and multiple individual units the purpose of which is exclusively
for the storage of goods.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and which otherwise meets
the definition of a mobile home in Tex. Rev. Civ. Stat. Art. 5221f.
A parcel of land upon which mobile homes or manufactured
homes are placed or located for purposes of occupancy.
Any motor driven or propelled vehicle required to be registered
under the laws of this state; a trailer or semitrailer, other than
manufactured housing, that has a gross vehicle weight that exceeds
4,000 pounds; a house trailer; a four-wheel all-terrain vehicle designed
by the manufacturer for off-highway use that is not required to be
registered under the laws of this state; or a motorcycle, motor-driven
cycle, or moped that is not required to be registered under the laws
of this state, other than a motorcycle, motor-driven cycle, or moped
designed for an used exclusively on a golf course.
The standard specifications for public works construction,
1998, as amended from time-to-time, as prepared by the North Central
Texas Council of Governments.
A structure which does not conform to the regulations (other
than the use regulations) of this Ordinance, but which was lawfully
constructed under the regulations in force at the time of construction.
A use that does not conform to the use regulations of this
Ordinance but was lawfully established under the regulations in force
at the beginning of operation and has been in regular use since that
time.
A use, building, structure or yard existing legally at the
time of the passage of this Ordinance or amendments thereto, which
does not by reason of design, use, or dimensions conform to the regulations
of the district in which it is situated. A use, building, structure
or yard established after the passage of this Ordinance which does
not conform to regulations of the district in which it is situated
shall be illegal.
Blocks that are constructed out of masonry, concrete, or
treated lumber used to support an accessory building when a permanent
foundation is not required. A nonpermanent foundation must meet the
requirements for foundation footings set forth in the Building Code.
The use or intended use of the land or buildings by the owner
or tenant.
Area included in any side, rear or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projections of cornices, eaves or porches.
The outside storage overnight of any goods, materials, merchandise,
equipment, parts, or junk.
A road tractor, truck tractor, semitrailer, trailer, dump
truck, concrete mixing truck, or any vehicle designed for the transport
of more than 15 passengers including the driver.
When pertaining to existing driveways means the physical
outside edge of the existing driveway properly maintained and edged
or is bordered with a preformed, circular, tapered or flat shaped
pattern constructed out of concrete, asphalt curbing, brick, rock,
metal, decorative rock, railroad ties, treated lumber, rubber and
plastic or other suitable material in such a manner as to not alter
the natural drainage flow.
That area within the public right-of-way between the back
of curb or edge of pavement and the right-of-way line.
A location at which or premises in which a pawnbroker, as
defined by Vernon's Texas Codes Ann. Finance Code § 371.003,
as amended, regularly conducts business.
A building that meets all of the construction standards as
set forth in the building code at the time of its construction.
A minimum four-inch reinforced concrete slab of 3,000 PSI
minimum that is either solid or pier and beam upon which a structure
is erected and that meets the requirements of the Building Code.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
An individual, proprietorship, corporation, associated, or
other legal entity.
A plan of a subdivision of land creating building lots or
tracts and showing all dimensions and other information essential
to comply with the subdivision standards of the city. Reference to
a plat in this Ordinance means an official plat of record which has
been approved by the city and filed in the plat records of Tarrant
County.
A slab, deck or platform constructed out of concrete, wood
or other code-approved materials attached to the structure and may
be supported on opposing sides by columns, posts or other approved
supports inclusive of roof extensions or awnings and is designed for
egress and ingress into the main structure. When pertaining to an
existing principal structure already located on a platted lot, the
porch: (1) shall be located behind the front building line; (2) shall
not be enclosed, except that it may be supported on opposing sides
by columns, posts or other approved supports inclusive of roof extensions
or awnings; and (3) may extend 10-foot in front of the existing house
across the width of the principal structure and on all sides of the
principal structure providing it meets all the setback requirements
in its particular zoning district.
Land together with any buildings or structures occupying
it.
An open, unoccupied space, other than a street or alley,
permanently established, reserved or dedicated in private ownership
as the principal means of vehicular access to the abutting property.
The use of buildings, structures or portions thereof for
purposes such as civic, recreation, social or religious functions
for the assembly of 50 or more persons in a building, structure or
portion of a building or structure at least 750 square feet in size.
Boats, trailers and boat trailers, travel trailers, pick-up
campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings, tent trailers, horse trailers, utility trailers,
and similar equipment, and cases or boxes used for transporting recreational
equipment, whether occupied by such equipment or not.
Same as dwelling; also, when used with the word district,
an area of residential regulations.
A public area or strip of land located between property lines
on a recorded plat or replat for the use of vehicles or pedestrians,
or both, and also intended to be utilized by private and public utilities
such as electricity, gas, water, sewer and storm drains.
A building or portion of a building which is arranged, occupied
or intended to be occupied as living or sleeping quarters, but not
including toilet or cooking facilities.
A building, other than a hotel, where lodging for three but
no more than 12 persons is provided for definite periods for compensation
pursuant to previous arrangements.
A fence, wall, or other device, which is visually solid,
made of durable material and without holes, penetrations or other
openings other than those required for passage and which is designed
to prevent persons from seeing through.
The distance from the prevailing edge of the street (front
yard) or from the property line (side or rear yard) to the established
building line for the particular designated zoning district that the
building structure or sign is located in, measured perpendicularly.
A sales and office facility for a product that by nature
of the bulk dimensions of the product requires a larger than normal
storage area ratio to sales and office area to maintain a normal operating
product inventory. A showroom warehouse is specifically not intended
to be a wholesale distribution center.
An exhibit which meets the requirements of Section 25 of
this Ordinance which is required to be submitted and approved by the
city council prior to the issuance of a building permit or with a
zoning change request for certain districts.
A permit granted by the city council for the use of land
or structures in accordance with the provisions of Section 23A of
this Ordinance.
That part of a building included between the surface of one
floor and the surface of the floor directly above it, or if there
is no floor directly above it, the space between such floor and the
ceiling above it. A basement shall be counted as a story if its ceiling
is over six feet above the average level of the finished ground surface.
For the purpose of determining the maximum number of permitted stories,
the term story shall not include cellars (if its ceiling is less than
six feet below the average level of the finished ground surface),
stair or elevator penthouses, or other roof structures, provided the
total area of all roof structures located above the top story does
not exceed one-third of the total roof area. An attic shall not be
considered as a story, if its livable space is less than six feet
in height.
A public way between two right-of-way lines, other than an
alley or private drive, which has been dedicated or deeded to the
public and accepted by the city for public use and affords a principal
means of access (vehicular or otherwise) to property abutting thereon,
as well as a location for utilities and sidewalks.
The distance from one lot line intersecting the street to
the furthest distant lot line intersecting the same street.
The right-of-way line of a street, or the prevailing edge
of the street, as determined by the zoning administrator.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial changes
in the roof or exterior walls, excepting such repair or replacement
as may be required for the safety of the building.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
billboards, poster panels, signs, and fences.
The practice of producing an indelible mark or figure on
the human body by scarring or inserting a pigment under the skin using
needles, scalpels, or other related equipment. The term includes the
application of permanent cosmetics.
An establishment or facility in which tattooing is performed
and is fully compliant with the requirements of chapter 146 of the
Texas Health and Safety Code as amended.
Any building that does not meet the construction standards
as set forth by the most recently adopted building code of the City.
Temporary buildings include but are not limited to a temporary or
prefabricated carport and shed used for the protection of the public
in and around construction sites in conjunction with construction
work.
A single-family dwelling facility constructed in a series
or group of units having common walls, each on a separate lot.
An unplatted parcel of land described by metes and bounds
and typically recorded in the county deed records. (See also: lot
or a platted lot.)
A mobile vehicle built on a chassis and designed and used
as a temporary place of dwelling and of such size and design as to
be subject to licensing for towing on the highway by a passenger motor
vehicle or other prime mover and not requiring a special permit for
moving on the highway, as contrasted with a mobile home.
Outdoor areas, excluding parking and other service areas,
which are utilized for amenities, such as outdoor recreation and/or
landscaping, and which are open and unobstructed from their lowest
level to the sky except for roof overhangs and architectural projections.
Any water supply, water treatment, water pumping, water storage
or other water facility; any sewage treatment or pumping facility
or other sewage facility; any electrical generating facility, electrical
transmission, switching facility, or electrical substation; any telephone
exchange or other similar telephone communication facility; any natural
gas pumping or storage facility; or any cable television receiving
or transmission facility, when owned and operated by the city, or
operating under a franchise approved by the city council.
A relaxation of the terms of the Zoning Ordinance where such
variances will not be contrary to the public interest and where, owing
to conditions peculiar to the property and not the result of the action
of the applicant, a literal enforcement of the Ordinance would result
in unnecessary and undue hardship. Except as specifically authorized
elsewhere in this Ordinance, a variance is authorized only to modify
applicable development regulations. A variance does not include the
authorization of a use which is not otherwise permitted in a district.
A required open space other than a court, unoccupied and
unobstructed by any structure or portion of a structure from 30" above
the general ground level of the graded lot upward; provided however,
that fences, walls, poles, posts, and other customary yard accessories,
ornaments, furniture and roof overhangs not exceeding 30" may be permitted
in any yard subject to height limitations and requirements limiting
obstruction of visibility.
Yard, front. A yard extending between
side lot lines across the front of a lot adjoining a public street.
(See Figure 4-3.)
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In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, front yards shall be
provided on all frontages. Where one of the front yards that would
normally be required on a through lot is not in keeping with the prevailing
yard pattern, the zoning administrator may waive the requirement for
the normal front yard and allow a smaller front yard which shall not
exceed the average of the yards provided on adjacent lots.
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In the case of reversed frontage corner lots, a front yard of
the required depth shall be provided on either frontage, and a second
front yard of the depth required for side yards in the district shall
be provided on the other frontage.
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In the case of corner lots with more than two frontages, the
zoning administrator shall determine the front yard requirements,
subject to the following limitations:
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a.
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At least one front yard shall be provided having the full depth
required generally in the district; and
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b.
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No other front yard on such lot shall have less than the minimum
required second front yard for corner lots.
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Depth of required front yards shall be measured at right angles
to the front lot line.
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Yard, side. A yard extending from the
rear line of the required front yard to the front of the required
rear yard, or in the absence of any clearly defined rear lot line
to the point on the lot farthest from the intersection of the lot
line involved with the public street. In the case of through lots,
side yards shall extend from the rear lines of front yards required.
(See figure 4-3.)
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Width of a required side yard shall be measured in such manner
that the yard established is a strip of the minimum width required
by district regulations with its inner edge parallel with the side
lot line.
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Yard, rear. A yard extending across the
rear of the lot between lot lines. In the case of through lots there
will be no rear yards, but only front and side yards. All other lots
will have rear yard. (See Figure 4-3.)
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Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge parallel
with the rear lot line.
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In cases where a rear lot line is not evident, or if evident
but not parallel to the front building line, the minimum rear yard
requirement shall be the distance from the rear-most point of the
lot along a line from that point drawn perpendicular to a line drawn
from the foremost points of the two side lot lines, providing that
the rear yard is parallel to at least one lot line along the rear
of the lot.
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Figure 4-3. Yard Orientation
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A position appointed by the mayor and approved by city council,
as specified by the Charter of the City of River Oaks to enforce and
administer the terms of this Ordinance; the individual whose decisions
and interpretations are appealed to the board of adjustment.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
DISTRICTS.
In order to regulate and restrict the location
of businesses, trades and industries and the location of structures
erected, reconstructed, altered or enlarged for specified uses, to
regulate and limit the height and bulk of structures hereafter erected,
reconstructed, altered or enlarged, to regulate and determine the
area of yards and other open spaces and to regulate and limit the
density of population, the city is hereby divided into 13 [14] zoning
districts to be known as follows:
1.
"CF" Community Facilities District, or District "CF."
2.
"R-1" Single-Family Residential District, or District "R-1."
3.
"R-2" Single-Family Residential District, or District "R-2."
4.
"R-3" Single-Family Residential District, or District "R-3."
5.
"R-4" Single-Family Residential District, or District "R-4."
6.
"R-5" Single-Family Residential District, or District "R-5."
6.A.
"R-6" Two-Family District, or District "R-6."
7.
"MF" Multiple-Family Residential District, or District "MF."
8.
"C-1" Commercial District, or District "C-1."
9.
"C-2" Commercial District, or District "C-2."
10.
"C-3" Commercial District, or District "C-3."
11.
"P-C" Planned Commercial District, or District "P-C"
12.
"I" Industrial District, or District "I."
13.
"PD" Planned Development District, or "PD."
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The term "more restricted district" means one allowing fewer
permitted uses and the term "less restricted district" means one allowing
more permitted uses.
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B.
ZONING MAP.
1.
The districts and the boundaries of the districts, shall be as described
in this section, and as shown upon the map attached and made a part
of this Ordinance, the map being designated the "Zoning Map of the
City of River Oaks, Texas," and said map and all notations, references,
and other information shown on it shall be a part of this Ordinance
as if all such matters and information were fully described in this
section.
2.
The original of the map shall bear the date of the passage of this
Ordinance and shall be signed by the mayor and attested by the city
secretary, under the seal of the city. The original map shall be kept
in the office of the city secretary in the River Oaks City Hall, and
a replica shall be produced upon paper in such reduced scale as will
permit its being attached to this Ordinance.
3.
It shall be the duty of the zoning administrator to keep the official
maps and current copies up-to-date, by entering on such maps any changes
which the city council may from time-to-time order by amendments to
the Zoning Ordinance and Map.
C.
BOUNDARIES OF DISTRICTS.
Where uncertainty exists as
to the boundaries of districts as shown on the zoning map, the following
rules shall apply:
1.
Boundaries indicated as approximately following the centerlines of
streets, highways or alleys shall be construed to follow such centerlines.
2.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
3.
Boundaries indicated as approximately following city limits shall
be construed as following such city limits.
4.
Boundaries indicated as following railroad lines shall be construed
to meet midway between the main tracks.
5.
Boundaries indicated as following shorelines shall be construed to
follow such shorelines and in the event of change in the shoreline
shall be construed as moving with the actual shoreline.
6.
Boundaries indicated as approximately following the centerlines of
streams, rivers, canals, lakes, or other bodies of water shall be
construed to follow such centerlines.
7.
Boundaries indicated as parallel to or extensions of features indicated
in subsections 1–5 above shall be so construed. Distances not
specifically indicated on the official zoning map shall be determined
by the scale of the map.
8.
Where physical or cultural features existing on the ground are at
variance with those shown on the official zoning map or in other circumstances
not covered by subsections 1–6 above, the zoning administrator
shall interpret the district boundaries, subject to appeal to the
city council.
D.
ANNEXATION OF PROPERTY.
1.
All territory annexed into the city after the effective date of this
Ordinance shall be temporarily classified as "R-1" Single-Family Residential
District unless a permanent zoning classification is placed upon the
property at the time of annexation. In the event any zoning other
than "R-1" Single-Family is requested at the time of annexation, all
requirements of section 211.006 of the Local Government Code, as amended
from time-to-time, shall be complied with, including all public notices
and public hearings as required by this Ordinance or by state law.
2.
The procedure for changing the zoning on any newly annexed territory
shall be as required in section 211.006 of the Local Government Code,
as amended from time-to-time.
3.
In an area classified as "R-1" Single-Family, building permits and
certificates of occupancy may be issued for all uses in the "R-1"
District subject to all the requirements and regulations specified
for the district.
4.
Building permits and certificates of occupancy for uses other than
those permitted in "R-1" Single-Family district may not be issued
in an annexed territory until proper rezoning for such property has
been approved.
E.
PERMITTED USES.
All uses permitted in a particular zoning
district are specifically listed in each district. Any use not expressly
authorized and permitted is expressly prohibited. No structure shall
hereafter be erected, reconstructed, altered, enlarged or moved onto
a lot or tract, nor shall any structure or land be used for any purpose
other than is permitted in the district in which the structure or
land is located.
F.
COMPLIANCE WITH DEVELOPMENT REGULATIONS.
No structure
that is hereafter erected, reconstructed, altered, enlarged or moved
onto a lot or tract shall exceed the height, setback, area, lot coverage,
density or other development regulations of the district in which
it is located.
G.
LOTS TO HAVE ACCESS.
Every structure hereafter erected,
reconstructed, altered, enlarged or moved onto a lot or tract shall
be on a lot or tract adjacent to an approved public street, and shall
be so located as to provide safe and convenient access for servicing,
fire protection and required off-street parking. Nothing contained
in this section shall prevent a structure from being erected, reconstructed,
altered, enlarged or moved onto a lot or tract which is zoned residential
and is not adjacent to an approved public street if such structure
meets all other requirements of this Ordinance and other regulations
and is for any of the following purposes:
1.
Adding to an existing building or structure.
2.
Altering an existing building or structure.
3.
Adding an accessory building or structure.
4.
Restoring any building or structure previously destroyed by fire,
explosion or any other casualty or act of God where the extent of
the destruction is not more than 50 percent of its reasonable market
value.
5.
Construction of a new residential structure on a platted lot approved
by the city.
H.
BUILDING ACROSS LOT LINES.
No structure may be erected,
reconstructed, or placed across platted lot lines until a revised
plat is approved and filed of record.
I.
LOT AREA.
No lot area shall be so reduced or diminished
that the area, yards or other open spaces shall be smaller than prescribed
by this Ordinance.
J.
UNCLASSIFIED USES.
An applicant who proposes an unclassified
or new use shall make an application for a specific use permit or
an amendment to the Zoning Ordinance.
K.
INDUSTRIALIZED BUILDINGS AND HOUSING REQUIREMENTS.
1.
Industrialized building and housing shall be constructed to meet
or exceed the requirements of the Uniform Building Code, Uniform Plumbing
Code, and the Uniform Mechanical Code, as published by the International
Conference of Building Officials and as those codes existed on January
1, 1985, or as provided by state statutes.
2.
Industrialized housing and buildings must meet all requirements of
this Ordinance, the building code, the fire zone ordinance, and any
landscaping and architectural regulations of the City.
3.
The city may, before permitting an industrialized building or housing:
a.
Require and review, for compliance with state codes, a complete set
of design plans and specifications bearing the stamp of the Texas
Industrialized Building Code Council; and
b.
Require that all modules or modular components bear an approved decal
or insignia of the Texas Department of Licensing and Regulations.
4.
Educational Division I and Division II Annexes are exempted from
the foundation requirements of this section provided they:
5.
Industrialized Housing used for single-family or two-family uses
must have a value equal to or greater than the median taxable value
of each single-family dwelling located within 500 feet of the lot
on which the industrialized housing is proposed to be located, as
determined by the most recent certified tax appraisal roll of Tarrant
Appraisal District for River Oaks, Tarrant County, Texas.
6.
Industrialized Housing must have exterior siding, roofing, roof pitch,
foundation fascia, and fenestration compatible with the single-family
dwellings located within 500 feet of the lot on which the industrialized
housing is proposed to be located.
7.
Industrialized Housing used for single-family or two-family dwelling
uses must comply with municipal aesthetic standards, building setbacks,
side and rear yard offsets, subdivision control, architectural landscaping,
square footage, and other site requirements applicable to single-family
dwellings.
8.
Industrialized Housing must be securely fixed to a permanent foundation
as specified by the City's most recently adopted Building Code.
9.
"Value" means the taxable value of the Industrialized Housing and
lot after installation of the housing.
L.
SURVEYS.
Each property owner is responsible for the
cost of any required survey upon which the measurements of property
lines are calculated.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
ADMINISTRATION AND ENFORCEMENT.
The zoning administrator
appointed by the mayor shall administer and enforce this Ordinance.
The mayor or the city council may provide the zoning administrator
with the assistance of other persons or consultants. If the zoning
administrator finds that any of the provisions of this Ordinance are
being violated, he or she shall notify in writing the landowner or
person responsible for the violation indicating the nature of the
violation and ordering the action necessary to correct it. The zoning
administrator shall order discontinuance of any illegal use of land,
buildings, or structures; removal of illegal structures or of illegal
additions, alterations, or structural changes; discontinuance of any
illegal work being done; or shall take any other action authorized
by this Ordinance to ensure compliance with or to prevent violation
of its provisions.
B.
COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation
of this Ordinance occurs, or is alleged to have occurred, any person
may file a written complaint stating fully the causes and basis thereof.
The zoning administrator shall record the complaint, investigate,
and take action thereon as provided by this Ordinance. The zoning
administrator shall have the right to enter upon any premises in the
city, subject to compliance with applicable law and at reasonable
times for the purpose of making inspections of buildings or premises
necessary to carry out the enforcement of this Ordinance.
C.
BUILDING PERMITS REQUIRED.
No building or other structure
shall be erected, reconstructed, altered, enlarged or moved onto a
lot or tract without a permit therefor issued by the building official.
No building permit shall be issued by the building official or the
official's designated representative except in conformity with
the provisions of this Ordinance or other ordinances of the city.
D.
PLATTING REQUIRED.
No permit shall be approved or issued
on a tract of land that has not been duly and properly platted and
recorded in accordance with the subdivision requirements of the city.
E.
CERTIFICATES OF OCCUPANCY.
Whether owner-occupied or rented, when a building within the city becomes vacant, before the building may again be occupied, the owner must obtain a certificate of occupancy in accordance with section 3.07.015 "Inspection when buildings are vacated" of the River Oaks Code of Ordinances (2006), as amended.
F.
BUILDING MATERIALS, PRODUCTS OR METHODS.
Whenever the
Building Materials, Products or Methods of this code as herein provided
for conflicts with House Bill 2439 that became effective on September
1, 2019, the provisions under House Bill 2439 shall prevail. House
Bill 2439 restricts local governments from mandating the use of only
specific products, and permits the use of products and materials in
the construction, renovation, maintenance or other alternation of
a residential or commercial building if the building product or material
is approved for use by a National Model Code published within the
last three code cycles; or establishes a standard for a building product,
material, or aesthetic method in construction, renovation, maintenance,
or other alteration of a residential or commercial building if the
standard is more stringent than the standard for the product, material
or aesthetic method under a National Model Code published within the
last three code cycles that applies to construction, renovation, maintenance,
or other alteration of the building unless otherwise stipulated in
House Bill 2439.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The Community Facilities District is intended
for those institutions, health care facilities and related uses which
are established in response to health, safety, educational and welfare
needs of the community. These uses are separated from others in the
community due to their unique service and often very special area
requirements in the community in relation to the whole. Their placement
should not be arbitrary but should be located to respond to the community's
needs.
B.
USE REGULATIONS.
In the "CF" Community Facilities District,
no building or land shall be used, and no building shall be erected,
reconstructed, altered or enlarged except for one or more of the following
uses:
1.
Permitted Uses.
The following uses may be established
as principal uses upon compliance with development regulations below:
a.
Public, private, and parochial elementary and secondary schools whose
curricula satisfy the requirements of the state public school laws
and the regulations of the State Department of Education, not including
correctional institutions or trade schools;
b.
Higher Education Institutions: Junior and senior colleges, universities,
conservatories and seminaries, offering curricula recognized by collegiate,
academic and professional organization accrediting boards;
c.
Religious institutions, churches and facilities for related activities
including those of worship, fellowship and education;
d.
Museums, libraries, fine arts centers, parks, playgrounds, community
centers or recreational areas owned and operated by the city, Tarrant
County, or the State of Texas, or owned by such agencies and operated
under their control and supervision;
e.
Golf courses (except commercially operated miniature golf courses
and/or commercially operated golf driving ranges) on a site containing
a total area of not less than 40 acres; parks, playgrounds, community
centers, and country clubs;
f.
Medical care facilities, nursing and care homes; hospitals with their
related facilities and supportive retail and personal services uses
operated by or under the control of the hospital primarily for the
convenience of patients, staff and visitors;
g.
Public safety facilities, civil defense operational centers, police
and fire stations and training facilities;
h.
Post offices, utility administrative offices, and other governmental
uses not otherwise permitted in another district;
i.
City halls or other municipal office uses;
j.
Day-care nurseries operated as part of and in the facility of a religious
institution;
k.
Utility buildings, structures, and facilities including water towers
and appurtenances;
l.
Radio, television, microwave broadcast, relay, receiving towers,
and transmission and retransmission facilities, satellite receiving-only
earth stations (home dish antennas), and any electronic emission equipment;
m.
Oil and gas well drilling and production; or
n.
Temporary buildings for construction purposes only (Section 22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "CF" Community Facilities
District, the following development regulations shall be applicable
to all uses:
1.
Height and Area.
The height, area, yard, and lot coverage
regulations of the contiguous district which has the less restricted
height, area, yard, and lot coverage regulations shall govern.
2.
Parking.
The parking requirements of Section 20 shall
govern.
3.
Site Plan.
An approved site plan shall be a prerequisite
for the granting of "CF" Community Facilities District zoning and
for the issuance of a building permit or certificate of occupancy.
The site plan shall contain the information required by Section 25
of this Ordinance and amendments shall be processed in accordance
with Section 25.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to provide
for compatible uses primarily oriented to low density residential
uses and open space. This zoning classification is the most restrictive
of all residential zones and should be applied in areas of larger
lots and dwellings, more contemporary subdivision design and layout,
and for areas that are designed principally for residential uses.
This zoning classification should be applied in areas of the city
to conserve neighborhood character and the value of buildings.
B.
USE REGULATIONS.
In the "R-1" Single-Family District,
no building or land shall be used and no building shall be erected,
reconstructed, altered, or enlarged, except for one or more of the
following uses:
1.
Permitted Uses.
a.
Single-Family Dwellings;
b.
Single-Family industrialized housing;
c.
Family Day-Care Homes;
d.
Public and private parks;
e.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
f.
Private boat docks, swimming pools and game courts;
g.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
h.
Oil and gas well drilling and production; and
i.
Temporary buildings for construction purposes only (Section 22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "R-1" Single-Family District, the following development regulations
shall be applicable to all uses:
1.
Residential Floor Space.
The main residence shall contain
a minimum of 1,500 square feet of livable floor space, exclusive of
garages, porches, breezeways, and incidental storage areas.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35 feet in height.
3.
Front Yard.
There shall be a front yard of not less
than 40 feet.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet. Accessory structures cannot occupy over 40 percent of the
rear yard.
5.
Side Yard.
There shall be a side yard of not less than
10 feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 75 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 10,000
square feet.
8.
Depth of Lot.
The depth of a lot shall be a minimum
of 120 feet.
9.
Exterior Construction.
There shall be a minimum of seventy-five
percent (75%) masonry construction for all new construction commenced
after the effective date of this section, excluding all windows, doors,
roofs, glass construction materials, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10.
Garages/Carports.
i.
New Construction (minimum lot size of 10,000 square feet).
There shall be at minimum a two-car garage constructed in accordance
to the most recently adopted building code for new construction on
minimum lot sizes of 10,000 square feet or more in any residential
zoning district commenced after the effective date of this section
whether attached to the principal structure or detached from the principal
structure. When detached it must meet the minimum 10-feet separation
requirement between buildings as outlined in Section 22 of this ordinance.
ii.
New Construction (lot sizes under 10,000 square feet).
There shall be at minimum a one-car garage constructed in accordance
to the most recently adopted building code for new construction on
lot sizes less than 10,000 square feet in any residential zoning district
commenced after the effective date of this section whether attached
to the principal structure or detached from the principal structure.
When detached it must meet the minimum 10-feet separation requirement
between buildings as outlined in Section 22 of this ordinance.
iii.
Existing Structures.
Carport when built integrally
to the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to provide
for compatible uses primarily oriented to low density residential
uses and open space. This zoning classification should be applied
in areas permitting smaller lot sizes, more contemporary subdivision
design and layout, and, for areas that are designed principally for
residential uses. This zoning classification allows for smaller lots
and should be applied in areas of the city to conserve neighborhood
character and the value of buildings.
B.
USE REGULATIONS.
In the "R-2" Single-Family District,
no building or land shall be used and no building shall be erected,
reconstructed, altered or enlarged, except for one or more of the
following uses:
1.
Permitted Uses.
a.
Single-Family Dwellings;
b.
Single-Family industrialized housing;
c.
Family Day-Care Home;
d.
Public and private parks;
e.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
f.
Private boat docks, swimming pools and game courts;
g.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
h.
Oil and gas well drilling and production; and
i.
Temporary buildings for construction purposes only (Section 22.A.24).
C.
ACCESSORY USES.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance; any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "R-2" Single-Family District, the following regulations shall
be applicable to all uses:
1.
Residential Floor Space.
The main residence shall contain
a minimum of 1,500 square feet of livable floor space, exclusive of
garages, porches and breezeways, and incidental storage area.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35 feet in height.
3.
Front Yard.
There shall be a front yard of not less
than 40 feet.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet. Accessory structures cannot occupy over 40 percent of the
rear yard.
5.
Side Yard.
There shall be a side yard of not less than
10 feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 70 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 8,400 square
feet.
8.
Depth of Lot.
The depth of a lot shall be a minimum
of 120 feet.
9.
Exterior Construction.
There shall be a minimum of seventy-five
percent (75%) masonry construction for all new construction commenced
after the effective date of this section, excluding all windows, doors,
roofs, glass construction materials, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10.
Garages/Carports.
i.
New Construction (minimum lot size of 10,000 square feet):
There shall be at minimum a two-car garage constructed in accordance
to the most recently adopted building code for new construction on
minimum lot sizes of 10,000 square feet or more in any residential
zoning district commenced after the effective date of this section
whether attached to the principal structure or detached from the principal
structure. When detached it must meet the minimum 10-feet separation
requirement between buildings as outlined in Section 22 of this ordinance.
ii.
New Construction (lot sizes under 10,000 square feet):
There shall be at minimum a one-car garage constructed in accordance
to the most recently adopted building code for new construction on
lot sizes less than 10,000 square feet in any residential zoning district
commenced after the effective date of this section whether attached
to the principal structure or detached from the principal structure.
When detached it must meet the minimum 10-feet separation requirement
between buildings as outlined in Section 22 of this ordinance.
iii.
Existing Structures:
Carport when built integrally
to the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to provide
for compatible uses primarily oriented to low density residential
uses and open space. This single-family residential zoning district
is not as restrictive in its requirements and will allow greater design
flexibility for residential uses. This district is to be applied in
areas permitting smaller residential lots, smaller residential structures
and in areas of transition between nonresidential and "R-1" and "R-2"
Single-Family Districts.
B.
USE REGULATIONS.
In the "R-3" Single-Family District,
no building or land shall be used and no building shall be erected,
reconstructed, altered or enlarged except for one or more of the following
uses:
1.
Permitted Uses.
a.
Single[-Family] Dwellings;
b.
Single-Family industrialized housing;
c.
Family Day-Care Homes;
d.
Public and private parks;
e.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
f.
Private boat docks, swimming pools and game courts;
g.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
h.
Oil and gas well drilling and production; and
i.
Temporary buildings for construction purposes only (Section 22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "R-3" Single-Family District, the following development regulations
shall be applicable to all uses:
1.
Residential Floor Space.
The main residence shall contain
a minimum of 1,000 square feet of livable floor space, exclusive of
garages, porches and breezeways, and incidental storage area.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35 feet in height.
3.
Front Yard.
There shall be a front yard of not less
than 30 feet.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet. Accessory structures cannot occupy over 40 percent of the
rear yard.
5.
Side Yard.
There shall be a side yard of not less than
5 feet on each side.
6.
Width of Lot.
The width of a lot shall be a minimum
of 60 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 7,500 square
feet.
8.
Depth of Lot.
The depth of a lot shall be a minimum
of 120 feet.
9.
Exterior Construction.
There shall be a minimum of seventy-five
percent (75%) masonry construction for all new construction commenced
after the effective date of this section, excluding all windows, doors,
roofs, glass construction materials, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10.
Garages/Carports.
i.
New Construction (minimum lot size of 10,000 square feet):
There shall be at minimum a two-car garage constructed in accordance
to the most recently adopted building code for new construction on
minimum lot sizes of 10,000 square feet or more in any residential
zoning district commenced after the effective date of this section
whether attached to the principal structure or detached from the principal
structure. When detached it must meet the minimum 10-feet separation
requirement between buildings as outlined in Section 22 of this ordinance.
ii.
New Construction (lot sizes under 10,000 square feet):
There shall be at minimum a one-car garage constructed in accordance
to the most recently adopted building code for new construction on
lot sizes less than 10,000 square feet in any residential zoning district
commenced after the effective date of this section whether attached
to the principal structure or detached from the principal structure.
When detached it must meet the minimum 10-feet separation requirement
between buildings as outlined in Section 22 of this ordinance.
iii.
Existing Structures:
Carport when built integrally
to the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to provide
for compatible uses primarily oriented to low density residential
uses and open space. This zoning classification allows greater design
flexibility for residential uses. This district is to be applied in
areas permitting smaller residential lots, smaller residential structures
and in areas of transition between commercial and other single-family
districts.
B.
USE REGULATIONS.
In the "R-4" Single-Family District,
no building or land shall be used and no building shall be erected,
reconstructed, altered or enlarged, except for one or more of the
following uses:
1.
Permitted Uses.
a.
Single[-Family] Dwellings;
b.
Single-Family industrialized housing;
c.
Family Day-Care Homes;
d.
Public and private parks;
e.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
f.
Private boat docks, swimming pools and game courts;
g.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
h.
Oil and gas well drilling and production; and
i.
Temporary buildings for construction purposes only (Section 22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use.
C.
DEVELOPMENT REGULATIONS.
In the "R-4" Single-Family District, the following development regulations
shall be applicable to all uses:
1.
Floor Space.
The main residence shall contain a minimum
of 1,000 square feet of livable floor space, exclusive of garages,
porches and breezeways, and incidental storage area.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35 feet in height.
3.
Front Yard.
There shall be a front yard of not less
than 25 feet.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet. Accessory structures cannot occupy over 40 percent of the
rear yard.
5.
Side Yard.
There shall be a side yard of not less than
5 feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 50 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 6,000 square
feet.
8.
Depth of Lot.
Depth of a lot shall be a minimum of 110
feet except that:
(1)
Corner Lots fronting two street frontages, the required depth
shall not be less than 80-foot and then only if the lot meets all
other development regulations provided for properties zoned "R-4"
Single-Family; or
(2)
Corner Lots fronting two street frontages being subdivided creating
a single interior lot that would be less than 110-feet in depth can
only be approved by a special permit issued by the City Council pending
plat approval and only if the lot meets all other development regulations
provided for properties zoned "R-4" Single-Family.
9.
Exterior Construction.
There shall be a minimum of seventy-five
percent (75%) masonry construction for all new construction commenced
after the effective date of this section, excluding all windows, doors,
roofs, glass construction materials, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10.
Garages/Carports.
i.
New Construction (minimum lot size of 10,000 square feet):
There shall be at minimum a two-car garage constructed in accordance
to the most recently adopted building code for new construction on
minimum lot sizes of 10,000 square feet or more in any residential
zoning district commenced after the effective date of this section
whether attached to the principal structure or detached from the principal
structure. When detached it must meet the minimum 10-feet separation
requirement between buildings as outlined in Section 22 of this ordinance.
ii.
New Construction (lot sizes under 10,000 square feet):
There shall be at minimum a one-car garage constructed in accordance
to the most recently adopted building code for new construction on
lot sizes less than 10,000 square feet in any residential zoning district
commenced after the effective date of this section whether attached
to the principal structure or detached from the principal structure.
When detached it must meet the minimum 10-feet separation requirement
between buildings as outlined in Section 22 of this ordinance.
iii.
Existing Structures:
Carport when built integrally
to the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to provide
for compatible uses primarily oriented to low density residential
uses and open space. This zoning classification is the least restrictive
of all residential single-family districts and allows greater design
flexibility for residential uses. This district is to be applied in
areas permitting smaller residential lots, smaller residential structures
and in areas of transition between commercial and other single-family
districts.
B.
USE REGULATIONS.
In the "R-5" Single-Family District,
no building or land shall be used and no building shall be erected,
reconstructed, altered or enlarged, except for one or more of the
following uses:
1.
Permitted Uses.
a.
Single-Family Dwellings;
b.
Single-Family industrialized housing;
c.
Manufactured housing;
d.
Family Day-Care Homes;
e.
Public and private parks;
f.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
g.
Private boat docks, swimming pools and game courts;
h.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
i.
Oil and gas well drilling and production; and
j.
Temporary buildings for construction purposes only (Section 22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "R-5" Single-Family
District, the following development regulations shall be applicable
to all uses:
1.
Floor Space.
The main residence shall contain a minimum
of 1,000 square feet of livable floor space, exclusive of garages,
porches and breezeways, and incidental storage area.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35 feet in height.
3.
Front Yard.
There shall be a front yard of not less
than 25 feet.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet. Accessory structures cannot occupy over 60 percent of the
rear yard.
5.
Side Yard.
There shall be a side yard of not less than
5 feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 50 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 6,000 square
feet.
8.
Depth of Lot.
The depth of a lot shall be a minimum
of 110 feet.
9.
Exterior Construction.
There shall be a minimum of seventy-five
percent (75%) masonry construction for all new construction commenced
after the effective date of this section, excluding all windows, doors,
roofs, glass construction materials, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10.
Garages/Carports.
i.
New Construction (minimum lot size of 10,000 square feet):
There shall be at minimum a two-car garage constructed in accordance
to the most recently adopted building code for new construction on
minimum lot sizes of 10,000 square feet or more in any residential
zoning district commenced after the effective date of this section
whether attached to the principal structure or detached from the principal
structure. When detached it must meet the minimum 10-feet separation
requirement between buildings as outlined in Section 22 of this ordinance.
ii.
New Construction (lot sizes under 10,000 square feet):
There shall be at minimum a one-car garage constructed in accordance
to the most recently adopted building code for new construction on
lot sizes less than 10,000 square feet in any residential zoning district
commenced after the effective date of this section whether attached
to the principal structure or detached from the principal structure.
When detached it must meet the minimum 10-feet separation requirement
between buildings as outlined in Section 22 of this ordinance.
iii.
Existing Structures:
carport when built integrally
to the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of the "R-6" Two-Family Residential
District is to provide for compatible land, building and structure
uses primarily oriented to moderately low density residential uses
and open space. The "R-6" Two-Family District serves as a transitional
element between single-family zones and higher density multiple-family
and commercial uses.
B.
USE REGULATIONS.
In the "R-6" Two-Family District, no
building or land shall be used and no building shall be erected, reconstructed,
altered, or enlarged except for one or more of the following uses:
1.
Permitted Uses.
a.
2-Family residential dwelling units having a common wall separating
dwelling units on the same lot;
b.
Duplexes;
c.
Family Day-Care Homes;
d.
Public and private parks;
e.
Recreation and open space, including playgrounds, parkways,
greenbelts, ponds and lakes, botanical gardens, pedestrian paths,
bicycle paths, equestrian bridal trails, nature centers, bird and
wildlife sanctuaries;
f.
Temporary buildings to be used for construction purposes only
(Section 22.A.24);
g.
Private boat docks, swimming pools and game courts;
h.
Oil and gas well drilling and production; and
i.
Religious institutions, churches and facilities for related
activities, including those of worship, fellowship and education.
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this ordinance, any use may
be established as accessory use to a permitted use when it complies
with the conditions for accessory use as defined in this ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "R-6" Two-Family District,
the following development regulations shall be applicable to all uses:
1.
Residential Floor Space.
Each dwelling unit shall contain
a minimum of 750 sq. ft. of livable floor space, exclusive of garages,
porches and breezeways, and incidental storage area.
2.
Height.
No building or structure shall exceed two and
one-half stories nor shall it exceed 35'.
3.
Front Yard.
There shall be a front yard of not less
than 25'.
4.
Rear Yard.
There shall be a rear yard of not less than
20'.
5.
Accessory Structures.
Accessory structures cannot occupy
over 40% of the rear yard.
6.
Side Yard.
There shall be a side yard of not less than
5'.
7.
Width of Lot.
The width of a lot shall be a minimum
of 60' at the building line.
8.
Minimum Area.
The minimum area of a lot shall be 6,000
sq. ft.
9.
Depth of Lot.
The depth of a lot shall be a minimum
of 100'.
10.
Exterior Construction.
There shall be a minimum
of seventy-five percent (75%) masonry construction for all new construction
commenced after the effective date of this section, excluding all
windows, doors, glass construction, garage doors and dormers. Newly
constructed accessory buildings on corner lots visible to the public
right-of-way shall be architecturally compatible to the main structure.
10A.
Garages or Carports.
i.
New Construction:
There shall be at minimum a
single-car garage or integrally built carport for each separate dwelling
unit constructed in accordance to the most recently adopted building
code for all new construction in a Two-Family zoning district commenced
after the effective date of this section whether attached to the principal
structure or detached from the principal structure. When detached
it must meet the minimum 10-feet separation requirement between buildings
as outlined in Section 22 of this ordinance.
ii.
Existing Uses:
Carport when built integrally to
the existing structure shall be of the same construction material
and design as that of the principal structure and the roof shall be
of the same type material and design as that of the principal structure
and carport shall not extend past the front building line for that
particular zoning district. A carport when attached to an existing
garage must be built integrally, with the same roof pitch as of the
garage and be of the same exterior material.
11.
Dwelling Unit Separation.
Dwelling Units in 2-Family
Dwellings shall be separated from each other by wall and/or floor
assemblies having not less than 1-hour fire resistance rating when
tested in accordance with ASTM E 119. Fire-resistance rate floor-ceiling
and wall assemblies shall extend to and be tight against the exterior
wall, and wall assemblies shall extend to the under side of the roof
sheathing.
12.
Design and Construction Criteria.
When pertaining
to 2-Family Dwelling Units, they must be designed and constructed
in accordance to the most recently adopted edition of the International
Residential Code as adopted by the city.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose and intent of the "MF" Multiple-Family
Residential District is to provide for compatible land, building and
structure uses primarily oriented to medium to high density multiple-family
dwelling uses on larger tracts of land designed to provide total residential
amenities of open space, recreation space, landscaping and areas of
protected off-street parking. This district is intended to be located
near high volume thoroughfares due to the traffic generating potential
of the medium to high density development.
B.
USE REGULATIONS.
In the "MF" Multiple-Family Residential
District, no building or land shall be used and no building shall
be erected, reconstructed, altered, or enlarged except for one or
more of the following uses:
1.
Permitted Uses.
a.
Multiple-family dwellings, including apartments, condominiums and
townhouses;
b.
Family Day-Care Homes;
c.
Public and private parks;
d.
Recreation and open space, including playgrounds, parkways, greenbelts,
ponds and lakes, botanical gardens, pedestrian paths, bicycle paths,
equestrian bridle trails, nature centers, bird and wildlife sanctuaries;
e.
Private boat docks, swimming pools and game courts;
f.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education;
g.
Oil and gas well drilling and production; and
h.
Temporary buildings to be used for construction purposes only (Section
22.A.24).
2.
Accessory Uses.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
C.
DEVELOPMENT REGULATIONS.
In the "MF" Multiple-Family
Residential District, the following development regulations shall
be applicable to all uses:
1.
Residential Floor Space.
Each unit shall contain a minimum
of 750 square feet of livable floor space, exclusive of garages, porches
and breezeways, and incidental storage area.
2.
Height.
No portion of a building or structure which
is located within 100 feet of property zoned for a single-family residential
use shall exceed two stories nor shall it exceed 35 feet in height.
No portion of a building or structure which is located more than 100
feet from property zoned for a single-family residential use shall
exceed three stories nor shall it exceed 45 feet in height.
3.
Front Yard.
Where the side of an "MF" zoned lot abuts
on property zoned for a single-family residential use, there shall
be a front yard of a size not less than the front yard required for
the residential property. Where the side of the "MF" zoned property
does not abut property zoned for a single-family residential use,
there shall be a front yard of not less than 30 feet.
4.
Side Yard.
There shall be a side yard of not less than
15 feet except where the side yard abuts property zoned as one family
residential, it shall be not less than 25 feet.
5.
Rear Yard.
There shall be a rear yard of not less than
20 feet except where the rear yard abuts property zoned for a single-family
residential use, it shall be not less than 40 feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 75 feet at the building line.
7.
Lot Area.
The minimum area of a lot shall be 9,000 square
feet.
8.
Maximum Density.
20 units per acre.
9.
Thoroughfares.
All property placed in the "MF" zoning
category shall be situated contiguous to a thoroughfare with a minimum
of a 40 feet roadway within a 60 feet right-of-way. This requirement
is designed to ensure that the supporting street infrastructure can
handle higher volumes of traffic without a requirement to divert traffic
through traditional residential streets. Wherever possible, "MF" zoned
property should be located in close proximity to designated pick-up
points for any mass transit systems serving the city.
10.
Exterior Construction.
There shall be a minimum
of seventy-five percent (75%) masonry construction for all new construction
commenced after the effective date of this section, excluding all
windows, doors, roofs, glass construction materials, garage doors
and dormers.
D.
USABLE OPEN SPACE.
All "MF" multiple-family residential
uses shall provide and maintain a minimum of 250 square feet of usable
open space for each dwelling unit. All usable open space, unless hereinafter
excepted, shall be accessible to, and usable by, all residents residing
on the site. Private courtyards or balconies may constitute usable
open space for the purpose of calculating up to 30 percent of the
total required usable open space. Usable open space may include areas
at the ground level and/or on roofs, decks, or balconies designed
for common use; provided, that such areas meet the following criteria:
1.
The minimum dimensions for usable open space at the ground level
shall be 10 feet by 10 feet and the minimum area shall be 100 square
feet.
2.
The minimum dimensions for usable open space located on roofs or
decks that are available for common use shall be 20 feet by 20 feet
and the minimum area shall be 400 square feet.
3.
At least one-half of the required open space shall be at the ground
level.
E.
SITE PLAN.
1.
An approved site plan shall be a prerequisite for the granting of
"MF" Multiple-Family Residential District zoning and for the issuance
of a building permit or certificate of occupancy for any property
in an "MF" Multiple-Family Residential District. The site plan shall
contain the information required by Section 25 of this Ordinance.
2.
The purpose of the site plan review is:
a.
To insure compliance with the Zoning Ordinance, and other city ordinances;
b.
To assist in the orderly and harmonious development of the city;
c.
To protect adjacent uses from obstructions to light, air, and visibility;
d.
To avoid undue concentrations of population and overcrowding of land;
e.
To facilitate the adequate provision of transportation, water, sewage,
schools, drainage and other public requirements;
f.
To ensure the safety of the motoring public and of pedestrians using
the facility and the area immediately surrounding the site; and
g.
To ensure the adequacy of street size and pavement for traffic readily
expected to be generated by the proposed use around the site and in
the neighborhood.
3.
All improvements to the land and all buildings and construction on
the land shall be in accordance with the site plan approved with the
request for zoning. The zoning administrator may authorize minor changes
to the site plan in accordance with Section 25 of this Ordinance.
If in the opinion of the zoning administrator, the proposed amendment
to the site plan does not constitute a minor change, the proposed
amendment shall be processed in accordance with the requirements for
zoning changes as set forth in Section 29.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
This district is the most restricted commercial
zoning district and provides a uniform set of standards for retail
shopping facilities for the sale of new and secondhand merchandise
and general commercial activities. It is intended that this zoning
district be served by major thoroughfares and be of such size that
all parking and traffic maneuvering can take place on the commercial
site. The principal business activity of any permitted use in this
district shall be conducted wholly within an enclosed building. It
is expressly intended that no residential dwelling be erected in this
commercial district and existing dwellings may remain only as nonconforming
uses.
B.
USE REGULATIONS.
In the "C-1" Neighborhood Retail Commercial
District, no buildings or land shall be used, and no buildings shall
be erected, reconstructed, altered or enlarged except for one or more
of the following uses:
1.
Antique shops.
2.
Bakeries.
3.
Barber and beauty shops.
4.
Bicycles and bicycle repair shops.
5.
Blueprinting or Photostatting.
6.
Book or stationary stores or newsstands.
7.
Business colleges, trade schools, or private schools operated as
a commercial enterprise.
8.
Confectionery stores.
9.
Custom dress making or millinery shops.
10.
Dancing schools.
11.
Day-Care Nurseries and Kindergartens.
12.
Delicatessen shops.
13.
Dry goods and notions stores.
14.
Duplicating service, printing, lithographing, by mimeographing, multi-graphing
and offset printing, providing that the floor area does not exceed
3,000 square feet.
15.
Electrical and gas appliances and supply sales, electrical and gas
repair and installation services with no outside display of merchandise.
16.
Florist or gift shops.
17.
Health and physical fitness centers.
18.
Jewelry stores, optical goods.
19.
Leather and leather goods shops, providing that the floor area does
not exceed 3,000 square feet for separate or combined uses.
20.
Offices.
21.
Photograph, portrait or camera shops and photo finishing.
22.
Piano stores, musical instruments and supplies.
23.
Plumbing and heating appliances, repair and installation services.
All storage of materials must be indoors.
24.
Radio and televisions sales and servicing with no outside displays
of merchandise.
25.
Religious institutions, churches, and facilities for related activities,
including those of worship, fellowship and education.
26.
Sporting goods including sales and repair.
27.
Studios for artists.
28.
Tailor clothing or wearing apparel shops.
30.
Oil and gas well drilling and production.
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The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance.
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C.
ACCESSORY USES.
In addition to those accessory uses
specifically authorized in Section 22 of this Ordinance; any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "C-1" Commercial District,
the following development regulations shall be applicable to all uses:
1.
Height.
No portion of a building or structure which
is located within 100 feet of property zoned for a residential use
or occupied as a residence for a single-family residential use shall
exceed two and one-half stories, nor shall it exceed 35 feet. No portion
of a building or structure in excess of 100 feet from property zoned
for a single-family residential use shall exceed three and one-half
stories or 45 feet, whichever is less.
2.
Front Yard.
Where the side of a "C-1" zoned lot abuts
property zoned for a residential use or occupied as a residence, there
shall be a front yard of not less than the front yard required for
the residential property. Where the side of the "C-1" zoned lot does
not abut property zoned for a residential use or occupied as a residence,
there shall be a front yard of not less than 25 feet or the front
yard indicated on a city-approved plat as filed in the Tarrant County
Plat Records, whichever is greater. Corner lots shall have a minimum
side yard of 15 feet on the second front yard, the yard generally
parallel to the street with the greatest frontage, unless reversed
frontage is approved by the city council. If a building line shown
on a city-approved plat as filed in the Tarrant County Plat Records
is greater than 15 feet, then the platted building line shall be required
on the second front yard.
3.
Rear Yard.
There shall be a rear yard of not less than
20 feet.
4.
Side Yard.
Where the side yard abuts upon the side of
a lot zoned or used for a residential use, there shall be a side yard
of not less than 10 feet, otherwise no side yard for a nonresidential
building shall be required, but if provided, it shall not be less
than three feet.
5.
Width of Lot.
The width of a lot shall be a minimum
of 70 feet at the building line, provided that where a platted lot
in separate ownership at the time of the passage of this Ordinance
has less width than herein required, this Ordinance shall not prohibit
its use for commercial purposes as long as the commercial use meets
all other development regulations.
6.
Site Plan.
An approved site plan shall be required as
a prerequisite for the granting of "C-1" Neighborhood Retail Commercial
District and for the issuance of a building permit or certificate
of occupancy for new construction and expansions amounting to 50 percent
or more of the existing main structure in all "C-1" Commercial Zoning
Districts. The site plan shall contain the information required by
Section 25 of this Ordinance and may be amended in accordance with
the procedures of Section 25.
E.
DISTRICT RESTRICTIONS.
1.
Screening.
In the event that development in this district
abuts or adjoins property zoned for a residential use or occupied
as a residence a metal, wood, vinyl or masonry fence of a height of
not less than six feet nor greater than eight feet shall be placed
along the abutting or adjoining property line.
2.
Lighting and Noise.
Any lighting visible from outside
the site shall be designed to reflect away form adjacent residential
properties and shall not interfere with traffic safety. No noise,
odor, or vibration shall be emitted such that it constitutes a nuisance
by substantially exceeding the general level of noise, odor or vibration
emitted by uses of adjacent to or immediately surrounding the site.
Such comparisons shall be made at the boundaries of the site.
3.
Trash.
Outdoor storage of trash receptacles shall be
at the side or rear of the site and shall be totally encircled or
screened by a masonry fence eight feet in height.
4.
Maintenance of Fence.
The owner or manager of the property
zoned "C-1" shall maintain the fence in a safe and clean condition.
5.
Outside Storage.
Outside Display or retail sales, subject
to the following conditions:
a.
The business displaying the merchandise must have a valid commercial
certificate of occupancy;
b.
The merchandise (new and/or secondhand) must not be left outdoors
when the business is closed;
Exception: "With the change in ownership before a new commercial
certificate of occupancy will be approved; outside storage areas where
merchandise is kept even when closed and visible to the public requires
that first a screening device constructed of metal, wood, vinyl, masonry
or other code-approved screening type materials not less than six
feet nor greater than eight feet in height shall be placed around
the storage area."
c.
The total display must not exceed more than fifty (50) percent of
the indoor floor area of the business;
d.
Outside display of items for the purpose of manufacturing or assembly
is not permitted.
6.
Nonconforming Uses.
See Section 28.
F.
SPECIAL USE REGULATIONS.
1.
Recreation and Amusement Assemblies shall be subject to the following
regulations, in addition to the other requirements applicable to C-1
Commercial Districts:
a.
No alcohol sales or consumption shall be permitted.
b.
The day-night average sound level at the property line shall not
exceed 65 decibels as specified under Section 17.E.1 (Noise) of the
Zoning Ordinance.
c.
Vibration levels must comply with Section 17.E.2 (Vibration) of the
Zoning Ordinance, as amended.
d.
A traffic-control plan must be presented and approved by the River
Oaks Police Chief before issuance of a certificate of occupancy.
e.
The property owner is responsible for traffic control before, during
and after performance events and to coordinate such with the River
Oaks Police Department.
f.
No entertainment shall be permitted except between the hours of 10:00
a.m. and 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11:00
p.m. on Friday and Saturday.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
This district is a medium intensity commercial
zoning district and provides a uniform set of standards for retail
shopping facilities for the sale of new and secondhand merchandise
and general commercial activities. It is intended that this zoning
district be served by major thoroughfares and be of such size that
all parking and traffic maneuvering can take place on the commercial
site. The principal business activity of any permitted use in this
district shall be conducted wholly within an enclosed building except
where noted otherwise. It is expressly intended that no residential
dwelling be erected in this commercial district and existing dwellings
may remain as nonconforming uses.
B.
USE REGULATIONS.
In the "C-2" Commercial District, no
buildings or land shall be used and no buildings shall be erected,
reconstructed, altered or enlarged except for one or more of the following
uses:
1.
All uses allowed in "C-1" Commercial and "CF" Community Facilities
Districts.
2.
Auditorium, theaters, cinemas.
3.
Automobile parking areas.
4.
Automobile parts, retail sales.
5.
Cleaning, dyeing and pressing works; except that Laundry and Washeterias
are not permitted.
6.
Commercial amusement centers and bowling alleys, indoor operations
only.
7.
Department stores.
8.
Dog and cat hospitals or small animal hospitals, if conducted wholly
within a completely enclosed soundproof and air-conditioned building,
provided, that noise or odors created by activities within the building
shall not be perceptible beyond the property line, and that no animals
are kept outside the building at anytime.
9.
Drug stores.
10.
Financial institutions except that predatory lending businesses including
check cashing businesses, payday advance/loan businesses, car title
loan businesses are not permitted (excluding state or federally chartered
banks, savings and loan associations or credit unions).
11.
Frozen food lockers for individual or family use, not including the
processing of food except cutting or wrapping.
12.
Golf course, including miniature course, driving tee, driving range
and "Pitch and Putt" course, provided that lighting of any such use
shall be directed away from residential areas.
13.
Grocery stores and meat markets.
14.
Hardware, paint, wallpaper stores and other home improvement items.
15.
Hotel, motel or motor hotel subject to the following restrictions:
a.
No building or outside activities or facilities including dumpsters,
mechanical, storage or maintenance buildings or equipment, or recreation
areas, except surface parking shall be less than 50 feet from any
residential district;
b.
No building shall exceed two and one-half stories, nor shall
it exceed 35 feet in height within 100 feet of any residential zoned
property or property occupied by a single-family dwelling; and
c.
Any external lighting shall be mounted and maintained to not
illuminate any adjacent residential zoned property.
16.
Household and office furniture, furnishings and appliances.
17.
Institutions of higher education, colleges (junior and senior).
18.
Mortuaries, funeral homes, and undertakers.
19.
Nursery yards of building for retail sales, provided that all incidental
outside buildings meet Site Plan Approval as provided for in Section
25. Discarded planting pots and other such appurtenances must be stored
on the property in an area screened from the public view.
20.
Printing, lithography, or duplicating shops greater than 3,000 square
feet.
21.
Radio, television, microwave broadcast, relay, transmission and retransmission
facilities, satellite earth stations (homes dish antennas) and any
electronic emission equipment when operated in conformance with a
Federal Communications and other governmental regulations, and provided
the following additional conditions are met:
a.
No satellite dish shall exceed 14 feet in diameter;
b.
No portion of any such dish or other equipment, in any position,
shall exceed the specified height regulation of this zoning district;
c.
No portion of any ground-mounted antenna or other equipment,
in any position, shall be less than five feet from any property line,
utility easement, or building; and
d.
No such dish or other antenna may be located in any required
front yard or second front yard.
22.
Restaurants, tea rooms, cafeterias, fast food and "take-out" food
restaurants.
23.
Retail stores, or shops for custom work or the manufacturing of articles
to be sold at retail on the premises, provided that:
a.
The space occupied by the manufacturing use permitted herein
shall not exceed 50 percent of the total floor area of the permitted
use;
b.
The manufacturing use is not noxious or offensive by reason
of vibration, noise, odor, dust, smoke or fumes; and
c.
All activities are conducted totally within the same building.
d.
Retail Tire Shops are not permitted.
24.
Fuel dispensing gas stations, convenience stores with fuel dispensing
pumps, if the following conditions are met:
25.
Showroom warehouse, subject to the following restrictions:
a.
All activities and storage shall be totally within an enclosed
building;
b.
A maximum of 80 percent of the gross floor area of any unit
or multiple-unit facility shall be used for warehouse activity;
c.
No manufacturing fabrication or assembly operation shall be
conducted in any part of any unit except for articles to be sold at
retail on the premises;
d.
The space occupied by the manufacturing use does not exceed
50 percent of the total floor area of the permitted use;
e.
The manufacturing use is not noxious or offensive by reason;
and
f.
All activities are conducted totally within the same building.
26.
Skating rinks, ice and roller.
27.
Variety stores.
28.
Oil and gas well drilling and production.
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The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance."
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C.
ACCESSORY USES.
In addition to those accessory uses
specifically authorized in Section 22 of the Ordinance; any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "C-2" Commercial District,
the following development regulations shall be applicable to all uses:
1.
Height.
No portion of a building or structure which
is located within 100 feet of property zoned for a single-family residential
use or occupied as a single-family residence shall exceed two and
one-half stories, nor shall it exceed 35 feet. No portion of a building
or structure in excess of 100 feet from property zoned for a single-family
residential use or occupied as a single-family residence shall exceed
three and one-half stories or 45 feet.
2.
Front Yard.
Where the side of a "C-2" zoned lot abuts
on property zoned for a residential use or occupied as a single-family
residence, there shall be a front yard of not less than the front
yard required for the single-family residential property. Where the
side of the "C-2" zoned lot does not abut for a residential use or
occupied as a single-family use, there shall be a front yard of not
less than 25 feet, or the front yard indicated on a city-approved
plat as filed in the Tarrant County Plat Records, whichever is greater.
Corner lots shall have a minimum side yard of 15 feet on the second
front yard, the yard generally parallel to the street with the greatest
frontage, unless reversed frontage is approved by the city council.
If a building line shown on a city-approved plat as filed in the Tarrant
County Plat Records is greater than 15 feet, then the platted building
line shall be required on the second front yard.
3.
Rear Yard.
There shall be a rear yard of not less than
20 feet.
4.
Side Yard.
Where the side yard abuts upon the side of
a residentially-zoned lot zoned for a single-family residential use
or occupied as a single-family residence, there shall be a side yard
of not less than 10 feet, otherwise no side yard for a nonresidential
commercial building shall be required, but if provided, it shall not
be less than three feet.
5.
Width of Lot.
The width of a lot shall be a minimum
of 70 feet at the building line, provided that where a platted lot
in separate ownership at the time of the passage of this Ordinance
has less width than herein required, this Ordinance shall not prohibit
its use for commercial purposes as long as the commercial use meets
all other development regulations.
6.
Outside Storage.
"Outside Display or retail sales, subject
to the following conditions:
a.
The business displaying the merchandise must have a valid commercial
certificate of occupancy;
b.
The merchandise (new and/or secondhand) must not be left outdoors
when the business is closed;
Exception: With the change in ownership before a new commercial
certificate of occupancy will be approved; outside storage areas where
merchandise is kept even when closed and visible to the public requires
that first a screening device constructed of metal, wood, vinyl, masonry
or other code-approved screening type materials not less than six
feet nor greater than eight feet in height shall be placed around
the storage area.
c.
The total display must not exceed more than fifty (50) percent of
the indoor floor area of the business;
d.
Outside display of items for the purpose of manufacturing or assembly
is not permitted."
7.
Site Plan.
An approved site plan shall be required as
a prerequisite for the granting of "C-2" Commercial District and for
the issuance of a building permit or certificate of occupancy for
new construction and expansions amounting to 50 percent or more of
the existing main structure in all "C-2" Commercial Zoning Districts.
The site plan shall contain the information required by Section 25
of this Ordinance and may be amended in accordance with the procedures
of Section 25.
E.
DISTRICT RESTRICTIONS.
1.
Screening.
In the event that a development in this district
abuts or adjoins a property zoned for a residential use or occupied
as a residence, a screening device constructed of metal, wood, vinyl
or masonry of a height not less than six feet or greater than eight
feet shall be placed along the abutting or adjoining property line.
2.
Lighting and Noise.
Any lighting visible from outside
the site shall be designed to reflect away form adjacent residential
properties and shall not interfere with traffic safety. No noise,
odor, or vibration shall be emitted such that it constitutes a nuisance
by substantially exceeding the general level of noise, odor or vibration
emitted by uses of adjacent to or immediately surrounding the site.
Such comparisons shall be made at the boundaries of the site.
3.
Screening of Trash.
Outdoor storage of trash receptacles
shall be at the side or rear of the site and shall be totally encircled
or screened by a masonry fence eight feet in height.
4.
Maintenance of Fence.
The owner or manager of the property
zoned "C-2" shall maintain the fence in a safe and clean condition.
5.
Nonconforming Uses.
See Section 28.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
This is the least restricted commercial zoning
district normally reserved for areas that provide the greatest number
and mix of retail and commercial uses. This district is reserved for
areas of adequate size and location so that its broad range of high
intensity land uses will not cause or create nuisances to adjoining
zoning districts. It is intended that this zoning district be served
by major thoroughfares and be of such size that all parking and traffic
maneuvering can take place on the commercial site. It is expressly
intended that no residential dwelling be erected in this commercial
district and existing dwellings will remain as nonconforming uses.
B.
USE REGULATIONS.
In the "C-3" Commercial District, no
buildings or land shall be used and no buildings shall be erected,
reconstructed, altered, or enlarged except for one or more of the
following uses:
1.
Any use permitted in the "C-2" Commercial District.
2.
Adult entertainment facilities.
3.
Automobile, motorcycle, truck, and trailer sales or rental areas.
4.
Automobile laundry (carwash) and steam cleaning subject to the following
restrictions:
a.
All automobile laundry and steam cleaning uses shall be completely
within a building having not less than two sides;
b.
Vacuuming facilities may be outside the building, but shall not be
in the front yard and shall not be closer than 25 feet from single-family
residential districts;
c.
The building surfaces shall be faced with masonry, porcelainized
steel, baked enamel steel or other material equal in durability and
appearance;
d.
The building shall not be less than 100 feet from single-family residential
districts;
e.
The building set back shall be not less than 30 feet from the property
line;
f.
Any lights used to illuminate the area shall be directed away from
adjacent residential properties.
5.
Boat sales, service and repair;
6.
Body Piercing and Tattoo Studios
7.
Cigar and Tobacco Stores (including retail establishments primarily
selling Vape or Vaping devices).
8.
Farm implement sales and service.
9.
Garages, storage only.
10.
Garages, public, for repairs or storage facilities for automobiles
provided:
a.
Such facilities and activities are maintained within a building;
b.
Painting or body or fender repairs shall be conducted in accordance
with all applicable federal, state, and local laws and ordinances;
and
c.
No bay door or overhead door shall face any residential district
when located less than 100 feet from the residential district.
11.
Massage Establishment.
12.
Laundry and Washaterias.
13.
Mini Warehouse Retail or wholesale sales, offices, manufacturing,
fabrication, service, repair, or any other type of commercial or business
enterprise is expressly prohibited from or within a mini warehouse.
Storage of hazardous and flammable materials as designated by the
Fire Marshal is expressly prohibited.
14.
Pawn Shop - (with the change in ownership before a new commercial
certificate of occupancy will be approved for a Pawn Shop; outside
storage areas where merchandise is kept even when closed and when
visible to the public requires that first a screening device constructed
of metal, wood, vinyl, masonry or other code-approved screening type
materials not less than six feet nor greater than eight feet in height
shall be placed around the storage area.)
15.
Financial Institutions including check cashing businesses, payday
advance/loan businesses, car title loan businesses and automated teller
machines.
16.
Recreational vehicle storage.
17.
Retail Tire Shops.
18.
Sales of second-hand merchandise (with outside display or storage).
19.
Oil and gas well drilling and production.
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The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance."
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C.
ACCESSORY USES.
In addition to those accessory uses
specifically authorized in Section 22 of the Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "C-3" Commercial District,
the following development regulations shall be applicable to all uses:
1.
Floor Space.
No limit on floor space for shops, stores,
or businesses.
2.
Height.
No portion of a building or structure which
is located within 100 feet of property zoned for a single-family residential
use or occupied as a single-family residence shall exceed two and
one-half stories, nor shall it exceed 35 feet. No portion of a building
or structure in excess of 100 feet from property zoned for a residential
use or occupied as a residence shall exceed three and one-half stories
or 45 feet.
3.
Front Yard.
Where the side of a "C-3" zoned lot abuts
on property zoned for a single-family residential use or occupied
as a single-family residence, there shall be a front yard of a size
not less than the front yard required for the residential property.
Where the side of the "C-3" zoned lot does not abut property zoned
for a residential use or occupied as a residence, there shall be a
front yard of not less than 25 feet, or the front yard indicated on
a city-approved plat as filed in the Tarrant County Plat Records,
whichever is greater. Corner lots shall have a minimum side yard of
15 feet on the second front yard, the yard generally parallel to the
street with the greatest frontage, unless reversed frontage is approved
by the zoning administrator. If a building line shown on a city-approved
plat as filed in the Tarrant County Plat Records is greater than 15
feet, then the platted building line shall be required on the second
front yard.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet.
5.
Side Yard.
Where the side yard abuts upon the side of
a residentially-zoned lot, there shall be a side yard of not less
than 10 feet, otherwise no side yard for a commercial building shall
be required, but if provided, it shall not be less than three feet.
6.
Width of Lot.
The width of a lot shall be a minimum
of 70 feet at the building line, provided that where a platted lot
in separate ownership at the time of the passage of this Ordinance
has less width than 70 feet, this Ordinance shall not prohibit its
use for commercial purposes as long as the commercial use meets all
other development regulations.
7.
Site Plan.
An approved site plan shall be required as
a prerequisite for the granting of "C-3" Commercial District and for
the issuance of a building permit or certificate of occupancy for
new construction and expansions amounting to 50 percent or more of
the existing main structure in all "C-3" Commercial Zoning Districts.
The site plan shall contain the information required by Section 25
of this Ordinance and may be amended in accordance with the procedures
of Section 25.
E.
DISTRICT RESTRICTIONS.
1.
Screening.
In the event that development in this district
abuts or adjoins property zoned for a residential use or occupied
as a residence, a screening device constructed of metal, wood, vinyl
or masonry not less than six feet nor greater than eight feet in height
shall be placed along the abutting or adjoining property line.
2.
Lighting and Noise.
Any lighting visible from outside
the site shall be designed to reflect away from adjacent residential
properties and shall not interfere with traffic safety. No noise,
odor, or vibration shall be emitted such that constitutes a nuisance
by substantially exceeding the general level of noise, odor or vibration
emitted by uses adjacent to or immediately surrounding the site. Such
comparisons shall be made at the boundaries of the site.
3.
Trash.
Outdoor storage of trash receptacles shall be
at the side or rear of the site and shall be totally encircled or
screened by a fence constructed of masonry eight feet in height.
4.
Maintenance of Fence.
The owner or manager of the property
zoned "C-3" shall maintain the fence in a safe and clean condition.
5.
Nonconforming Uses.
See Section 28.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of the "P-C" Planned Commercial
District, is to promote and encourage opportunities for retail and
commercial development within the city and to accommodate traffic
in a beneficial manner. Development within this district strongly
impacts the values of surrounding properties and uniquely affects
the growth and development of the city as a whole. A planned development
approval process is utilized in this district for the coordination
of retail, office, hotel, commercial, and similar uses. A Planned
Commercial District may include a combination of different commercial
types and/or a variety of land uses which creatively complement each
other and harmonize with existing and proposed land uses in the vicinity.
B.
PLANNED COMMERCIAL DEVELOPMENT USES.
In a "P-C" Planned
Commercial District, no land shall be used and no building shall be
hereafter erected, reconstructed, altered, maintained or enlarged,
except for those retail, office, hotel, commercial or similar uses
which are specifically approved by the city council for that site.
C.
ACCESSORY USES.
Any accessory use permitted within the
commercial districts of the City shall be permitted as accessory uses
to a principal use in the "P-C" Planned Commercial District, unless
the city council shall prohibit a specific accessory use.
D.
NONCONFORMING USES.
Any use lawfully existing and in
operation in a "P-C" Planned Commercial District, on the effective
date of this Ordinance shall be considered a nonconforming use and
may be continued in accordance with Section 28.
E.
USE DESIGNATIONS.
Prior to the issuance of a building
permit or certificate of occupancy for a new use in a "P-C" Planned
Commercial District, a use designation must be approved by the city
council following a recommendation of the planning and zoning commission.
All applications for a use designation must include development plans,
site plans and meet all the requirements of the City's Subdivision
Ordinance.
F.
DENSITY, AREA AND HEIGHT REGULATIONS.
In approving a
"P-C" Planned Commercial District, or a use designation in a "P-C"
Planned Commercial District, the city council shall specify density,
area, height, screening, parking, landscaping and other development
standards. Such standards shall be indicated on the Development Plan
and shall be made a part of the Ordinance. No property located in
a "P-C" Planned Development Commercial District shall be modified
as to density, area, height, screening, parking, landscaping or other
development criteria unless a Development Plan containing such revisions
is approved.
G.
MINIMUM REQUIREMENTS.
The following requirements are
applicable to any "P-C" Planned Commercial District approved by the
city council:
H.
DEVELOPMENT SCHEDULE.
1.
An application for a use designation for new construction or construction
that increases the floor area of the principal structure(s) shall
be accompanied by a development schedule indicating the approximate
date on which construction is expected to begin and the rate of anticipated
development to completion. The Development Schedule, if adopted and
approved by the city council, shall become part of the Ordinance creating
the "P-C" Planned Commercial District and shall be binding upon the
owner, developer, and their assigns or successors in interest.
2.
The city council may require the applicant of the Planned Commercial
Development to submit a written report on a regular basis to the planning
and zoning commission. The written report shall describe the progress
achieved toward the development schedule. However, upon request by
the applicant, the planning and zoning commission may, for good cause
shown by the applicant, recommend to the city council that the development
schedule be extended, or revised, and the city council may extend
the schedule.
I.
DEVELOPMENT PLAN REQUIREMENT.
An application for a "P-C"
Planned Commercial District, or approval of a use designation in a
"P-C" Planned Commercial District shall include and be accompanied
by a Development Plan which shall become a part of the amending ordinance.
The Development Plan shall include the following information:
1.
A scale drawing showing any proposed public or private streets and
alleys, building sites or building lots; any areas proposed for dedication
or reserved as parks, parkways, playgrounds, utility and garbage easements,
school sites, street widening, street changes, the points of ingress
and egress from existing public streets on an accurate survey of the
boundary of tract and topography with a contour interval of not less
than five feet, or spot grades where the relief is limited.
2.
Where multiple types of commercial land uses are proposed, a land
use plan delineating the specific areas to be devoted to various commercial
uses shall be required.
3.
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 dimensioned on the drawing of the entire site. Any
specific traffic regulation facilities proposed or required to assure
the safe function of the circulation plan shall also be shown.
4.
A designation of the maximum building coverage of the site shall
be indicated upon the Development Plan. General footprint of buildings
shall be indicated showing the approximate position and sizes of any
proposed structures.
5.
Proposed landscaping and screening shall be indicated on the Development
Plan.
6.
Any or all of the required features may be incorporated on a single
drawing if the City staff and the building official deem it contains
all information required to be submitted.
J.
SITE PLAN REQUIREMENT.
Except as provided in subsection
L hereof, prior to issuance of a building permit, for new construction
which increases the floor area of the principal structures(s) or construction
that changes the development criteria for the site, a Site Plan, prepared
in compliance with Section 25 is required. The Site Plan must be approved
by the city council upon recommendation by the planning and zoning
commission. The Site Plan may be submitted concurrently with the Development
Plan. If the Development Plan and the Site Plan are submitted separately,
a separate public hearing and action shall be required for both submittals.
K.
COMBINED DEVELOPMENT AND SITE PLAN SUBMITTAL.
If application
is made for a new use designation in a "P-C" Planned Development District,
on a site which contains existing improvements which are not proposed
to be enlarged, the following Combined Development and Site Plan shall
be permitted in place of a Development Plan:
1.
A Combined Development and Site Plan shall contain the information
required by subsection J hereof. These items shall be shown on an
accurate survey of the boundary of the lot. All of the required features
may be incorporated on a single drawing if such drawing is clear and
capable of evaluation and interpretation by the building inspector.
2.
A Combined Development and Site Plan must be approved by ordinance
following the notice and public hearing requirements required to amend
the Zoning Ordinance.
L.
APPROVAL OF DEVELOPMENT PLAN AND SITE PLAN.
The zoning
administrator may approve a Development and Site Plan if the application
is for an existing structure and (1) does not increase the floor area
of the existing structure by more than 25% and (2) does not change
the existing use on the site. The zoning administrator may, for any
reason, elect to present the Development Plan or Site Plan to the
planning and zoning commission and city council for approval.
M.
PLATTING REQUIREMENTS.
No application for a building
permit for the construction of a building or structure shall be approved
unless the property on which the proposed improvements are planned
has been platted. The plat must meet all the requirements of the City
and must have been approved by the city council and recorded in the
official records of Tarrant County.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this district is to regulate
those uses that involve the manufacturing, assembly, processing, storage
and/or distribution, sale and repair of materials, goods, parts, products,
equipment, machinery, and other such operations incidental to industrial
uses. It is not the intent of these regulations to allow the construction
or development of residential uses within this district and those
residential uses existing at the time of the adoption of this Zoning
Ordinance may continue as nonconforming uses. Since the intended use
may cause a detrimental change to the environment or substantially
affect the municipally operated utility or thoroughfare systems, detailed
descriptions of performance standards are included in these district
regulations.
B.
USE REGULATIONS.
In the "I" Industrial District, no
building or land shall be used and no buildings shall be erected,
reconstructed, altered, or enlarged except for an industrial and/or
commercial use in accordance with an approved site plan and performance
standards imposed in the site plan and in this Ordinance.
C.
ACCESSORY USES.
In addition to those accessory uses
specifically authorized in Section 22 of the Ordinance, any use may
be established as an accessory use to a permitted use when it complies
with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "I" Industrial District,
the following development regulations shall be applicable to all uses:
1.
Height.
No structure shall exceed 75 feet in height
unless the required yards are increased one foot for each one foot
of additional height above 75 feet. When a building is located adjacent
to any residential district, it shall not exceed 40 feet in height
unless the required yards are increased one foot for each one foot
of additional height above 40 feet.
2.
Front Yard.
Where the side of an "I" zoned lot abuts
on property zoned for single-family uses there shall be a front yard
of a size not less than the front yard required for the single-family
residential property. Where the side of the "I" zoned lot does not
abut property zoned as single-family residential, there shall be a
front yard of not less than 25 feet, or the front yard indicated on
a city-approved plat as filed in the Tarrant County Plat Records,
whichever is greater. Corner lots shall have a minimum side yard of
15 feet on the second front yard, the yard generally parallel to the
street with the greatest frontage, unless reversed frontage is approved
by the zoning administrator. If a building line shown on a city-approved
plat as filed in the Tarrant County Plat Records is greater than 15
feet, then the platted building line shall be required on the second
front yard.
3.
Side Yard.
There shall be a side yard of not less than
10 feet, unless additional emergency access is required by the Fire
Marshal.
4.
Rear Yard.
There shall be a rear yard of not less than
20 feet, unless additional emergency access is required by the Fire
Marshal.
E.
PERFORMANCE STANDARDS.
The following are maximum accepted
levels of noise, vibration, smoke, particulate matter and toxic and
noxious matter allowable for industrial uses. If the proposed use
results in the discharge of sanitary sewage effluent containing industrial
wastes or other effluent into the city sanitary sewage system, a characterization
of the effluent and a description of proposed methods of pretreatment
(if any) must accompany the site plan.
The performance standards report may be waived by the zoning
administrator if the proposed use is considered not to produce the
listed effects.
1.
Noise.
The day-night average sound level at the property
line shall not exceed 75 decibels, unless the property line adjoins
property zoned for residential uses where the maximum day-night average
sound level shall not exceed 65 decibels. The day-night average sound
level (Ldn) is the 24 hour average sound level, in decibels, obtained
after addition of 10 decibels to sound levels in the night from 10:00
p.m. to 7:00 a.m.
2.
Vibration.
The sound pressure level or impact level
of any operation or plant shall not exceed the decibel limits for
the octave bands designated in Column I below as measured at the point
which has the highest reading on the property line of the source property.
If the point of measurement is located on a property line which is
also the boundary line of a residential district, the limits set forth
in Column II shall apply.
|
Frequency
(Cycles per Second)
|
Column I Displacement
(Inches)
|
Column II* Displacement
(Inches)
|
|---|---|---|
|
0 to 10
|
.0022
|
.0008
|
|
11 to 20
|
.0016
|
.0005
|
|
21 to 30
|
.0010
|
.0002
|
|
31 and over
|
.0005
|
.0001
|
|
*Steady State - Vibrations, for the purpose of this section,
which are continuous or, if in discrete pulses, are more frequent
than 60 per minute. Impact vibrations, which are discrete pulses which
do not exceed 60 pulses per minute, shall not cause in excess of twice
the displacement stipulated.
|
3.
Smoke, Particulate Matter and Visible Emissions.
Smoke
or visible emissions emitted from any vent, stack, chimney, skylight,
or window shall not exceed an opacity of 20 percent averaged over
a five minute period. Any emission of air pollutant must be in accordance
with the requirements of the State of Texas. Emissions shall not exceed
any of the following net ground level concentrations:
4.
Toxic and Noxious Matter.
The handling, processing,
storage and disposal of hazardous, toxic, or noxious materials within
this district shall be in accordance with applicable State and Federal
laws and regulations. In addition, the planning and zoning commission
may recommend and/or the city council may establish performance standards,
including setbacks, berms, and buffers, for the citing of facilities
which handle, treat, store, or dispose of potentially hazardous or
dangerous materials.
5.
Additional Standards.
The planning and zoning commission
may recommend and/or the city council may establish additional performance
standards to protect neighboring areas and land uses from potential
hazards and nuisances, including, but not limited to control over
odor, glare and fire hazards.
F.
SITE PLAN.
1.
An approved site plan shall be a prerequisite for the granting of
"I" Industrial District zoning and for the issuance of a building
permit or certificate of occupancy for any property in an "I" Industrial
District. The site plan shall contain the information required by
Section 25 of this Ordinance.
2.
All improvements to the land and all buildings and construction on
the land shall be in accordance with the site plan approved with the
zoning request. The zoning administrator may authorize minor changes
to the site plan in accordance with Section 25 of this Ordinance.
If in the opinion of the zoning administrator, the proposed amendment
to the site plan does not constitute a minor change, the proposed
amendment shall be processed in accordance with the requirements for
zoning changes as set forth in Section 29.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of a Planned Development District
is:
1.
To protect and provide for public health, safety and general welfare
of the city;
2.
To guide the future development of the city;
3.
To accommodate innovation by modifying regulations to better accomplish
the city's development goals;
4.
To mitigate developmental impacts, especially those related to the
environment, traffic, public services and facilities, and adjacent
area land uses; and
5.
To protect and enhance the aesthetic and visual quality of development.
B.
APPLICABILITY.
Mixture of land uses to be planned and
developed as a whole in a single development operation or a definitely
programmed series of phases. A planned development also can encompass
a single land use where the prescribed criteria of this Ordinance
may substantially inhibit the successful completion of a particular
development. A planned development includes principal and accessory
structures and uses substantially related to the character and purposes
of the planned development. A planned development is built according
to general and detailed plans that include not only streets, utilities,
lots and building location, and the like, but also site plans for
all buildings as are intended to be located, constructed, used, and
related to each other, and plans for other uses and improvements on
the land as related to the buildings.
C.
PD DISTRICT TYPES.
A planned development (PD) district
may be created as an overlay district or as a freestanding district
as described below:
1.
Overlay PD districts.
An overlay PD district superimposes
regulations onto a standard zoning district. A PD overlay may be modified,
supplement and/or delete the regulations of a standard zoning district
(referred to as the base district). Except as specified by the terms
of the Ordinance establishing a PD Overlay, the regulations of the
base district shall apply, and any subsequent general amendment to
the base district shall apply. A PD district established as an overlay
district shall be designated by letters PD followed by a unique number
and the initials of the base district(s) (i.e., PD-000-R).
2.
Freestanding PD districts.
The zoning regulations affecting
development within a freestanding PD district are limited to those
specifically defined within the Ordinance establishing the district
(which may include by reference other regulations) and may only be
changed by amending the district. A freestanding PD district may only
be established where the use of the overlay method cannot reasonably
achieve the purposes of this Ordinance. A PD district established
as a freestanding district shall be designated by the letters PD followed
by a unique number (i.e., PD-000).
D.
PROHIBITED AREAS OF REGULATION.
A PD district may not
be used to:
1.
Require construction of public improvements or the dedication or
reservation of land which are not of primary benefit to development
within the district necessary to mitigate an adverse impact attributable
to development within the district, unless compensation is provided
as required by law;
2.
Assign responsibility to the city for enforcement of private deed
restrictions or covenants; or
3.
Waive or modify the requirements of ordinances other than the Zoning
Ordinance, except as specifically authorized by this Ordinance.
E.
INITIAL PLAN REVIEW.
A site plan shall be required as
part of an application for establishing or amending a PD district.
Additional information, studies and plans may be required by the planning
and zoning commission or the city council to determine the merit of
establishing a PD district and as required to develop regulations
to be incorporated in the Ordinance establishing or amending a PD
district. The city council, upon a recommendation from the planning
and zoning commission, may waive the requirement for submitting a
concept plan or land study if they determine sufficient information
exists to evaluate the proposed establishment or amendment of a planned
development district. Where this requirement is waived at the time
of establishing a PD district, approval of a concept plan or land
study shall be required prior to the approval of any plan, plat, or
permit related to development of the property.
F.
PLAN APPROVAL.
Plans and land studies submitted in conjunction
with establishing or amending a PD district may be approved by city
council either by separate action, or by reference as part of the
Ordinance establishing the planned development district. All subsequent
plans prepared for the development of property within a planned development
district must substantially conform to the approved plan.
G.
MINOR AMENDMENTS TO ADOPTED PLANS.
Except as permitted
as a minor amendment, plans adopted by ordinance shall not expire
and may only be revised through the rezoning process. The planning
and zoning commission may approve minor amendments to plans adopted
by ordinance provided the amendment does not:
1.
Increase the density or intensity of development;
2.
Substantially alter the arrangement of buildings, increase the number
of buildings or change the use of building space designated on the
original plan;
3.
Substantially alter the configuration of streets or lots;
4.
Increase the height of buildings;
5.
Substantially alter vehicular circulation or placement of parking
areas;
6.
Reduce or lessen the effectiveness of open space, landscaped buffers
and edges; or
7.
Conflict with other regulations specified within the ordinance establishing
the district.
H.
PARTIAL REZONING.
Owners of property within a PD district
may request rezoning of the portion of the district they own to separate
it from the remaining property within the PD district. In considering
the request, the planning and zoning commission and city council shall
evaluate the effect of the rezoning on the remaining property and
may require adjustments to terms and conditions of the original PD
district resulting from a change in boundary.
I.
REVIEW OF ZONING.
The planning and zoning commission
or the city council may at its discretion call a public hearing to
evaluate any PD district to determine appropriate zoning for the area.
The following are some of the reasons for initiating a review of zoning.
The reasons listed are examples and shall not be construed as a limitation
upon the planning and zoning commissions and city council's authority
to review and evaluate a PD district at any time the commission or
city council deems appropriate.
1.
Change of Conditions.
An unanticipated change in conditions,
including adoption of new plans and development policies which affect
the appropriateness of existing zoning.
2.
Error or Ambiguity.
A provision of the zoning is incorrectly
recorded or sufficiently ambiguous to prevent reasonable administration
of the district.
3.
Nonperformance.
A condition where ownership of the property
is divided among multiple parties and the owners are unable to cooperate
in implementing the terms of the district; or a period greater than
five years following the approval of the PD district or the date of
the last amendment or administrative approval, in which no action
related to development of the property occurs.
J.
CROSS REFERENCE.
Sections 25 (site plans) and 29 (amendments
to Zoning Ordinance) also apply.
(Ordinance 1394-2023 adopted 11/28/2023)
Except as otherwise provided in this section, the following
regulations shall apply in all zoning districts:
A.
VISIBILITY AT INTERSECTIONS.
On a corner lot in any
district, nothing shall be erected, placed, planted or allowed to
grow in such a manner as to materially impede the vision of pedestrians
or motorists within or along the visibility triangle formed by measuring
20 feet in each direction along the property lines from the point
of corner of the property lines at the street intersection.
B.
EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitation
contained in the individual district development regulations do not
apply to spires, belfries, cupolas, antennas, water tanks, ventilators,
chimneys or other appurtenances usually required to be placed above
the roof level and not intended for human occupancy.
C.
RESIDENCES ON LOTS OF RECORD.
Nothing in this Ordinance
shall prevent the construction and occupancy of a single-family dwelling
upon a single-family residentially zoned lot having less area and
width than required if such lot was platted and filed of record prior
to the adoption of this Ordinance and if all other applicable development
regulations are met.
D.
COMMERCIAL LIVING QUARTERS.
In districts "CF," "C-1,"
"C-2," "C-3" and "I" where residential use is not a permitted use,
living quarters may be provided for resident managers, resident security
and maintenance personnel provided that:
1.
The living quarters are clearly subordinate to the permitted use;
2.
The living quarters are only occupied by a manager, security guard,
maintenance person or other individual employed with full-time duties
on the site on which the living quarters are located. This is not
intended to preclude the additional occupancy of living quarters by
family members of the full-time individual employed on the site;
3.
The living quarters are incorporated into the design of the permitted
use in such a manner that the living quarters are not perceptible
as such; and
4.
Two off-street parking spaces are provided per living quarter in
addition to the required parking for the permitted use.
E.
OUTSIDE SPECIAL EVENTS PERMITTING.
Certain temporary
uses of land are essential to the full development and utilization
of land and are deemed to promote economic development of the city.
Special events are limited to outside special events, including, but
not limited to circuses, carnivals, festivals and other fundraising
events sponsored by a public entity, civic or nonprofit organization
located within the city, contingent upon final permit approval for
a specific period of time by the City Secretary taking into consideration
the following: event size, noise, location, approved traffic plan
from the Police Chief and if applicable, obtaining the required health
permits issued by the local public health department.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PARKING REQUIREMENTS BY USE.
In all zoning districts,
off-street parking spaces shall be provided in accordance with the
following requirements. In any case where specific requirements result
in a fraction of a parking space the next larger whole number of spaces
shall be required. In any case where specific requirements include
the number of persons employed on the premises, the number of persons
employed in two shifts shall be used for calculating parking requirements
when a use customarily exceeds nine hours of operation in a 24-hour
period. Parking spaces shall be required as follows:
|
Facility
|
Parking Spaces
|
|---|---|
|
Single-Family Dwelling
|
One space for each 1,500 sq. feet of livable floor area or fraction
thereof up to four spaces. Minimum of two spaces required.
|
|
Multiple-Family Dwelling(s)
|
Two spaces for each dwelling unit.
|
|
Boarding or Rooming House
|
One space for proprietor plus one space for each sleeping unit.
|
|
Hotel, Motor Motel
|
1.25 spaces for each bedroom unit plus one space per 200 square
feet of display room, meeting room, or ballroom or fraction thereof
Restaurant parking requirements - see below.
|
|
Day-Care Nursery Kindergarten
|
1 space per employee plus 1 space per ten (10) children or fraction,
thereof
|
|
Church
|
One space for each four seats in the auditorium or fraction
thereof.
|
|
Auditorium Theater
|
One space for each four seats or fraction thereof, plus one
space for each 200 square feet or fraction thereof of lobby and concession
area.
|
|
Restaurant, Cafeteria
|
One space for each 100 square feet of floor area or fraction
thereof.
|
|
General Hospital
|
One space for each 1.5 beds
|
|
Nursing and Care Home
|
One space for each two beds, base licensed capacity.
|
|
Office, Bank & Professional Bldg.
|
One space for each 400 square feet of floor area or fraction
thereof.
|
|
Medical & Dental Office or Clinic
|
One space for each 200 square feet of floor area or fraction
thereof.
|
|
Commercial Building
|
One space for each 200 square feet of floor area or fraction
thereof. Minimum of two spaces required.
|
|
Mini Warehouse
|
One space for each 20 storage units or fraction thereof. Minimum
of three spaces required.
|
|
Industrial Bldg. - Manufacturing
|
One space per employee for a max possible employment of two
shifts combined or one space per 500 square feet or fraction thereof
of manufacturing space, whichever is greater. Other areas of building
by use.
|
|
Industrial Bldg. - Warehouse
|
One space for each 1,000 sq. feet or fraction thereof of warehouse
area, provided that the spaces for any warehouse shall not be less
than four. Other areas of building by use.
|
|
Elementary, Middle School, Public, Parochial and Private
|
One space for each faculty member and one space for each person
employed on the premises. In addition, in cases where buses for the
transportation of children are kept at the school off-street bus parking
space shall be provided for each bus. Parking shall also be provided
for auditorium and assembly areas to a ratio of one parking space
per four seats or fraction thereof.
|
|
Senior High School Public, Parochial and Private
|
One space for each faculty member and one space for each person
employed on the premises, plus one additional space for each four
students enrolled. In addition, if buses for transportation of children
are kept at the school one off-street bus parking space be provided
for each bus.
|
|
Colleges and Universities
|
One space for each faculty member plus one space for each employee
on the premises, plus one space for each four-day students not residing
on campus.
|
|
Outdoor Manufacturing
|
One space for each 7,500 square feet of area or fraction thereof
not counting parking, buildings or required parking for buildings,
with a minimum of three spaces.
|
|
Outdoor Recreation Activities
|
One space shall be provided to meet the greatest average peak
hour trips per land area presented for the appropriate land use in
the latest edition of Trip Generation published by the Institute of
Transportation Engineering, with a minimum of four spaces.
|
|
Outdoor Sales
|
One space per 2,500 square feet or fraction thereof of land
area net of any building, with a minimum of eight spaces. buildings
by use. All parking spaces to addition to sales inventory area.
|
|
Showroom Warehouse
|
Minimum of one space per 500 square feet of gross floor area
or fraction thereof. A minimum of three parking spaces shall be provided
per unit in multiple developments.
|
|
Carwash
|
Minimum of one space for each washing stall, in addition to
the washing stall.
|
|
Bowling Alley
|
Minimum of five spaces for each bowling lane, plus any restaurant,
office, pro shop, etc. by use.
|
|
Commercial Amusement Centers, Games, Arcade Parlors, Recreation
area.
|
One space for each 100 square feet or fraction thereof of gross
floor, with a minimum of four spaces.
|
|
Mobile Home
|
One space for each 1,500 sq. feet of livable floor area or fraction
thereof up to four spaces. A minimum of 2 spaces is required.
|
|
Utility Facility
|
Parking for approved utility facilities, purpose of which does
not include or require vehicular access by the public, shall be adequate
for a specific facility, but in no case be less than two spaces. Parking
maneuvering and drive space for such facilities, under the above circumstances,
may be other than hard surface and dust free.
|
|
Riding Stable Riding Hall, or Horse Track
|
All parking requirements for such facility be determined by
the planning and zoning commission in conjunction with and as a condition
of each specific approval.
|
|
Helistop
|
All parking requirements for such facilities be determined by
the city council in conjunction with a special use permit
|
|
Funeral Home
|
One space per four seats in chapel or fraction thereof.
|
|
Museum
|
One space per 400 square feet of gross area or fraction thereof.
|
|
Service Station
|
One space per 200 square feet of gross area or fraction thereof,
with a minimum of four spaces not counting area at pump island or
in-service bays.
|
|
Repair Garages
|
One space per 200 square feet of gross area or fraction thereof,
with a minimum of five spaces not counting space in building.
|
|
Library
|
One space per 200 square feet of gross area or fraction thereof.
|
|
Barber/Beauty Shop
|
One space per 50 square feet of gross area or fraction thereof.
|
|
Laundry-Self Service
|
One space per 50 square feet of gross area or fraction thereof.
|
|
Community Center
|
One space per 200 square feet of gross area or fraction thereof.
|
|
Lodge/Fraternity Hall
|
One space per 200 square feet of gross area or fraction thereof.
|
|
Trade/Business School
|
One space per 200 square feet of gross area or fraction thereof.
|
|
Recreation and Amusement Assembly
|
One space for each four seats or fraction thereof, plus one
space for each two hundred (200) sq. feet or fraction thereof of lobby
and concession area.
|
B.
OFF-STREET LOADING REQUIREMENTS.
All retail or wholesale
sales, distribution, manufacturing and warehouse uses shall provide
and maintain off-street facilities for the loading and unloading of
merchandise and goods within the building or on the lot adjacent to
a public alley or private service drive to facilitate the movement
of traffic on the public street in addition to other parking requirements.
Each space shall consist of a minimum area of 10 feet by 25 feet and
be provided as follows:
|
Gross Floor Space
(Square Feet)
|
Loading or Unloading Berths
|
|---|---|
|
25,000 or less
|
1
|
|
25,001 to 84,000
|
2
|
|
84,001 to 156,000
|
3
|
|
156,001 to 236,000
|
4
|
|
Each 100,000 additional
|
1 additional
|
In cases of unusual design considerations, exemptions
or modifications to these requirements will be permitted only by approval
of a variance by the board of adjustment.
C.
STACK SPACE REQUIREMENTS.
All business uses containing
an automobile drive-in type ordering or service facility, whether
manned or unmanned, shall provide a minimum of automobile stack spaces
in conjunction with the drive-in facility. Stack spaces shall be 9
feet wide and 18 feet long and shall be located in a sequential arrangement
oriented to the drive-in ordering or service area. The space occupied
by an automobile placing an order or being served shall not be considered
as a stack space. Required stack space(s) shall not be on any street
right-of-way or alley, any necessary maneuvering area for parking
spaces, within the general traffic circulation pattern of a parking
lot, or a designated fire lane. Stack spaces may be situated in a
straight alignment or in a curved pattern with functional radii. All
stack space requirements shall be in addition to all parking space
and loading requirements specified above. Stack spaces shall be provided
as follows:
|
Facility
|
Minimum Stack Space Requirements
|
|---|---|
|
Bank, Savings and Loan or other Financial Transaction Facility
|
Three spaces.
|
|
Food Service Facility
|
Six spaces from ordering location if separate from pick-up area.
|
|
Carwash, Self-Service or Automatic
|
Three spaces.
|
|
Film/Film Processing Laundry and/or Cleaning Facility, and Similar
Sales or Retail Facilities
|
One space.
|
D.
GENERAL REQUIREMENTS.
1.
Location.
Minimum parking requirements in all residential
districts shall be provided behind the front building line, except
as provided in subsection D.15 hereof.
2.
Size.
Parking requirements in all commercial districts
shall be as follows:
a.
For the purpose of this section, an off-street parking space shall
be a minimum of nine feet in width and eighteen feet in length, plus
off-street maneuvering space.
b.
For a single row of 90-degree head-in parking, the minimum width
for a parking space plus aisle shall be 38 feet. For two rows of 90-degree
head-in parking using the same aisle, the minimum width for parking
spaces plus aisle shall be 56 feet (See Figure 20-1).
c.
For a single row of 60-degree head-in parking, the minimum width
for parking space plus aisle shall be 34 feet. For two rows of 60
degree head-in parking, using the same aisle, the minimum width for
parking spaces plus aisle shall be 52 feet (See Figure 20-1).
d.
For a single row of 45-degree head-in parking the minimum width for
parking space plus aisle shall be 30 feet. For two rows of 45 degree
head-in parking, using the same aisle, the minimum width for parking
spaces plus aisle shall be 48 feet (See Figure 20-1).
|
Figure 20-1. Parking Layout
 |
e.
A single line of parking spaces may be provided parallel to an aisle
provided they are at least 22 feet in length and nine feet in width
and provide 22 feet of maneuvering space in front of and diagonal
to the front most parallel parking space (See Figure 20-2).
|
Figure 20-2. Parallel Parking Layout
 |
3.
Circulation for Nonresidential Districts.
a.
When driveways are less than 20 feet in width, marked separate entrances
and exits shall be provided so that traffic shall flow in one direction
only. Entrances and exits to an alley may be provided, if prior approval
is obtained in writing from the zoning administrator.
b.
When more than one aisle is provided, adequate internal circulation
shall be provided between aisles to allow movement between the aisles
without using public right-of-way.
c.
The location of ingress and egress driveways shall be subject to
the approval of the public works director under curb cut or laid down
curb authorization procedures.
d.
The approach shall be a hard surface, a minimum of 10 feet wide,
and shall extend a minimum of 10 feet or to the property line.
4.
Maneuvering.
a.
Maneuvering space shall be completely off the right-of-way of a public
street, place or court. Drives and parking areas, including single-family
dwellings, shall be constructed in accordance with the requirements
of this section, free of litter, debris, weeds, grass, or other objectionable
material or objects. All parking requirements applying to a stated
unit of measurement shall be understood to include a parking space
for each unit or fraction thereof.
b.
Parking areas which would require the use of public rights-of-way
for maneuvering are not permitted except parking for single-family
dwellings. Parking parallel to the curb on a public street shall not
be substituted for off-street requirements.
|
Figure 20-3. No Parking Adjacent to Drive Approach
 |
5.
Existing Uses and Buildings.
a.
Uses for which a building permit was applied for before the effective
date of this Ordinance are not required to furnish additional parking
spaces to meet the requirements of this section, but if a use has
fewer parking spaces than required in this section, no action may
be taken that reduces the number further.
b.
When the occupancy of any building is changed to another use, parking
shall be provided to meet the requirements of this section for the
new use.
c.
For existing buildings which are enlarged, parking spaces shall be
calculated or based upon the building as enlarged.
6.
Public Assembly Areas.
When permanent seating is not
provided in any public assembly area, the occupant load shall be computed
in accordance with the current Fire Code of the city as the Fire Code
currently exists or may be amended in the future without requiring
amendment to this Ordinance. The applicable parking requirement will
then be calculated as if each occupant had a permanent seat.
7.
Auxiliary Parking.
May be used if sufficient parking
is not available on the premises. A private parking lot may be provided
within 500 feet, either on property zoned for that purpose, or pursuant
to a specific use permit.
8.
Disabled Parking Spaces.
In each parking facility in
districts "CF," "MF," "C-1," "C-2," "C-3," and "I," a portion of the
total parking spaces available shall be specifically designed, located
and reserved for vehicles licensed by the State for use by disabled
persons. These spaces shall be provided according to the following
schedule:
|
Total Spaces In Lot
|
Number of Handicapped Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 and over
|
2 percent of total
|
Each parking space designated for use by the disabled
shall consist of a rectangular area not less than 12 feet wide and
18 feet in length, with a vertical clearance of seven and one-half
feet, shall be located in an area not exceeding two percent slope,
and shall be located near and convenient to a level or ramped entrance
accessible to disabled persons. Parking spaces for the disabled shall
be signed in accordance with State law and restricted for use by the
disabled only.
9.
Parking Facilities.
Parking facilities shall meet the
following safety standards:
a.
Safety barriers, protective bumpers or curbing shall be provided
to prevent encroachment onto adjoining public or private property;
b.
Visibility of and between pedestrians, bicyclists, and motorists
shall be assured when entering individual parking spaces, when circulating
within a parking facility, and when entering and exiting a parking
facility; and
c.
Internal circulation patterns, and the location and traffic direction
of all access drives, shall be designed and maintained in accordance
with accepted principles of traffic engineering and traffic safety.
10.
Lighting.
Lights provided to illuminate any parking
facility or paved area shall, to the maximum extent feasible, be designed
to reflect away from any residential use.
11.
Fencing.
A parking facility in any nonresidential
district which adjoins or abuts residentially zoned property shall
have a masonry fence not less than six feet nor more than eight feet
in height located for the length of the common property line. However,
such a fence shall not be required within the front or exterior setback
area of the non-residential use.
12.
Maintenance.
All parking and loading facilities
shall be maintained to assure desirability and usefulness of the facility.
Such facilities shall be maintained free of refuse, debris, or other
accumulated matter and shall at all times be available for the off-street
parking or loading use for which they are required or intended. All
required striping, including but not limited to parking spaces, handicap
spaces, and fire lanes shall be repainted as necessary to maintain
clearly designated spaces.
13.
Drainage.
All parking facilities shall be graded
and provided with permanent storm drainage facilities, meeting the
construction specifications set by the city engineer. Surfacing, curbing,
and drainage improvements shall provide adequate drainage.
14.
Major Recreational Vehicle Parking in Front of Building Line.
A person may park not more than one major recreational vehicle
in any required front yard, subject to the following conditions:
a.
The major recreational vehicle shall not extend into or upon
the right-of-way or public access easement;
b.
The parking surface in any required front yard shall be on a
continuous minimum 3-1/2 inches thick solid concrete parking flatwork
surface that meets the minimum pounds per square inch (p.s.i.) requirement
of 2,500 p.s.i. and is constructed pursuant to the most recently adopted
building code compliant with NCTCOG Specifications and the River Oaks
Code of Ordinances, whichever is applicable;
c.
The vehicle and transport accessory must be totally operational
and ready for use; and
d.
The vehicle shall not be used for living, sleeping or housekeeping
purposes.
15.
Parking of Major Recreational Vehicles Behind Building Line.
a.
Interior Lots.
Parking of a major recreational
vehicle will be permitted behind the front building line, provided
the vehicle is currently licensed and in good repair, and the vehicle
is parked on an approved hard surface; and the vehicle is not used
for sleeping, living, or housekeeping purposes.
b.
Corner Lots.
On corner lots where a major recreational
vehicle is parked in the required side yard adjoining a side street,
the vehicle shall not be parked in any portion of the side yard which
extends past the front building line of the lot.
16.
Parking of Major Recreational Equipment in a Street or Public
Right-of-Way.
A major recreational vehicle shall not
be parked in any street or public right-of-way except for a period
of four (4) hours when loading or unloading.
17.
Parking Surface.
a.
A person commits an offense if the owner, occupant, or person
in control of the property parks or allows to be parked on any property
under his or her control any automobile, bus, truck, motorcycle, motor
home, camper, trailer, boat or any motor vehicle on grass or a surface
other than a hard surface in any front, side or rear yard which is
visible from the public right-of-way and which is zoned single-family,
two-family or multifamily ("R-1," "R-2," "R-3," "R-4," "R-5," "R-6"
or "MF"). This subsection does not apply to the parking of vehicles
in a front, side or rear yard where such parking is permitted in conjunction
with temporary special events of which the time and dates must be
designated and approved in advance by the City Council.
b.
Every residential platted lot is required to have a driveway
that extends from the pavement in a public street at the property's
drive approach to facilitate a minimum of two parking spaces behind
the building line and to provide access to a garage, carport or off-street
parking pursuant to this section. An existing gravel type driveway
that was constructed prior to the effective date of this Ordinance
having been (1) approved by the Building Official and (2) shall be
maintained in such a manner that the physical outside edge of the
existing driveway is properly maintained and edged or is bordered
with a pre-formed, circular, tapered or flat shaped pattern constructed
out of concrete, asphalt curbing, brick, rock, metal, decorative rock,
railroad ties, treated lumber, rubber and plastic or other suitable
material in such a manner as to not alter the natural drainage flow;
and (3) existing gravel type driveways are required to be properly
maintained prior to being approved for a certificate of occupancy
after the effective date of this ordinance; and (4) before a substandard
house can be approved for occupancy, the driveway from the pavement
in a public street at the property's drive approach to the rear
of the principal structure as located on the individually platted
lot; the parking surface shall be a continuous minimum 3-1/2 inches
thick solid poured concrete flatwork parking surface rated at a minimum
of 2500 p.s.i. constructed in accordance to the City's most recently
adopted building code and/or NCTCOG Specifications and the River Oaks
Code of Ordinances, whichever is applicable.
c.
For a single-family use for which a building permit for new
construction is applied for after the effective date of this Ordinance,
the parking surface after in any required front yard shall be on a
continuous 3-1/2 inches thick solid concrete parking flatwork surface
that meets the minimum pounds per square inch (p.s.i.) requirement
of 2500 p.s.i. and is constructed pursuant to the most recently adopted
building code compliant with NCTCOG Specifications and the River Oaks
Code of Ordinances, whichever is applicable.
d.
For a use other than a single-family use, the surface of a parking
space, maneuvering area for parking, or driveway must consist of concrete,
or in the alternative, may consist of hot-mix asphalt paving which
meets the NCTCOG specifications. The approach shall be a minimum of
10 feet or to the property line and shall be concrete that meets NCTCOG
specifications.
18.
Overnight Vehicle Storage Requirements.
a.
All commercial businesses including, but not limited to Automotive
Repair Garages, Tire Shops and Paint and Body Shops that accept motor
vehicles for repairs shall be required to provide sufficient parking
spaces for the outside storage of motor vehicles.
b.
No motor vehicle retained for repairs may be stored outside
for more than sixty (60) days from the date the vehicle is accepted
for repair. The sixty (60) day time limit may be extended by the Zoning
Administrator to a total of one hundred eighty (180) days from the
date the motor vehicle is accepted for repair if the automotive repair
or paint and body shop has begun the process to obtain payment pursuant
to remedies listed under section 70.006 of the Texas Property Code,
as amended. The Zoning Administrator's decision not to extend
the time limit may be appealed to the board of adjustment.
c.
The time limit in subsection b. above shall not apply to any
motor vehicle ordered by a court or mandated by arbitration or mediation
to be stored by an automotive repair, paint or body shop.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PERMITS.
Any fence constructed after the effective date
of this Ordinance requires a building permit.
B.
GENERAL REQUIREMENTS.
A fence shall be constructed of
decorative wrought iron, chainlink, wood, masonry, or any other code-approved
material except that solid sheet metal panels shall not be allowed
on any property zoned "R-1," "R-2," "R-3," "R-4," "R-5," "R-6," or
"MF" unless a specific regulation herein requires that a fence be
constructed of a specific material.
C.
USE REGULATIONS.
1.
Property Lines.
No fence, guy wire, brace, vee arm,
barbed wire, base and arm, or any structure attached to a fence shall
protrude over any property lines, provided that a utility company
may utilize barbed wire to protect certain facilities as provided
in an agreement with the city.
2.
Dimensions of Fences.
No fence shall be constructed
to a height exceeding eight feet. Exceptions - In commercial or community
facility zoning districts, fences serving as backstops for tennis,
basketball, or volleyball courts; baseball or softball fields; or
other similar facilities may exceed a height of eight feet but shall
not be constructed to a height exceeding 12 feet.
3.
Placement of Fences.
The purpose of the following placement
regulations of this Ordinance is to prevent sight restrictions, promote
safety for vehicles and pedestrians, and provide an open atmosphere
in developments:
a.
Front Yard.
Fences constructed of wrought iron,
ornamental iron, metal except that solid sheet metal siding shall
not be permitted, chainlink, vinyl or other material that allows the
passage of a 1-3/4" sphere are permitted in front of the designated
front building line of any property zoned "R-1," "R-2," "R-3," "R-4,"
"R-5," "R-6," or "MF" may be allowed to a height not greater than
four (4) feet measured from the natural contour of the land unless:
i.
The fence is constructed of an ornamental material such as decorative
wrought iron, then it may be allowed to a height not greater than
six (6) feet measured from the natural contour of the land providing
it is determined to be architecturally compatible within that particular
zoning district by the building official and be at least 50 percent
open; or
ii.
The fence is a solid fence of not more than three (3) feet in
height constructed in front of the main structure on properties zoned
"R-1," "R-2," "R-3," "R-4," "R-5," "R-6," or "MF."
b.
Property Lines.
Fences may be constructed on all
property lines of any property zoned "CF," "C-1," "C-2," "C-3" and
"I," with the exception of corner lots or as otherwise specified in
this section.
i.
Fences located in the required front yards in Districts "CF,"
"C-1," "C-2," "C-3" and "I" shall observe a visibility triangle clear
area adjacent to all private drives or alleys adjoining a public street.
ii.
A visibility triangle shall be a minimum of 20 feet unless the
zoning administrator shall require a greater distance for traffic
safety.
iii.
No fence, hedge or shrubs shall be placed in the front yard
which effectively limits the vision of pedestrians or vehicle operations.
Fences installed on lots zoned for commercial uses with legal conforming
residential uses shall adhere to the fence requirements for the "R-5"
zoning designation.
c.
Side Yards.
i.
Interior Lots.
Fences may be placed on side property
lines from the rear of a lot to the front building line.
ii.
Corner Lots with Interior Lots Behind Them.
Fences
may not extend beyond the side building line.
iii.
Corner Lots with No Interior Lots Behind Them.
Provided they do not extend into the visibility triangle; fences
may be placed from the rear property line to the front building line
and extend up to 15 feet back from the prevailing edge of the street.
4.
Visibility Triangle.
No fence shall extend into the
triangular area formed by the extension of the two curblines to a
point measuring 20 feet from the intersection of two streets, and
connecting the points to form a 45 degree triangle.
5.
Screening for Residential Adjacencies and Dumpsters.
a.
All screening required by this subsection shall be between six feet
and eight feet in height and of metal, wood vinyl or masonry construction.
b.
Approved screening material shall be provided where a lot zoned for
commercial uses abuts property zoned for or used for residential uses.
c.
No screening shall be provided in the required front yard except
on double frontages.
d.
All dumpsters shall be screened with a fence constructed of masonry.
e.
The owner or person in charge of the commercially zoned tract shall
maintain, or cause to be maintained, the screening device in a safe
condition and in good repair.
6.
Maintenance of Fences.
All fences shall be maintained
in safe condition and in good repair. Whenever the fence, or any portion
thereof, because of dilapidation, deterioration or decay or from any
other cause is likely to partially or completely collapse, it is the
responsibility of the property owner to abate the substandard condition
of the fence either through repair, replacement or removal.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
AUTHORIZED ACCESSORY USES.
In addition to other uses
which are customarily incidental to the principal use of the premises,
the following accessory uses are specifically authorized in the listed
zoning district when constructed or operated in conjunction with an
appropriate principal use:
|
Accessory Use
|
District Where Permitted
| |||
|---|---|---|---|---|
|
1.
|
Accessory buildings enclosing equipment or activities in conjunction
with the permitted principal uses. No accessory use shall be construed
to permit the keeping of articles or materials in the open or outside
the building unless specifically permitted in this Ordinance.
|
ALL
| ||
|
2.
|
Accessory buildings, subject to the following:
|
"R-1" through "R-6"
| ||
|
a.
|
A person may have a maximum number of three accessory buildings
on a lot, each separated by at least ten feet;
| |||
|
b.
|
The accessory building may not exceed the as built single-story
footprint floor plan in sq. feet of the principle structure on any
individually platted residential lot and shall meet all other applicable
zoning requirements for accessory buildings.
| |||
|
c.
|
The accessory building must be anchored in compliance with the
building code;
| |||
|
d.
|
An approved site plan pursuant to Section 25 of this Zoning
Ordinance is a condition for the approval of a building permit application
for construction of all Accessory Buildings in any commercial, Industrial,
Multifamily and Planned Zoning Districts.
| |||
|
3.
|
Antenna - Residential not more than 35 feet in height.
|
"R-1" through "R-6," "MF"
| ||
|
4.
|
Antennas, satellite dishes, telecommunication facilities or
towers as follows:
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
|
a.
|
It shall not exceed 35 feet in height where attached or affixed
to the structure in which the principal permitted use is located.
| |||
|
b.
|
Installation of an antenna on an existing structure other than
a tower (such as a building, sign, light pole, water tower, or other
freestanding nonresidential structure), as long as the additional
antenna and the combined height of the existing structure tower does
not exceed 60 feet.
| |||
|
c.
|
Installation of an antenna on an existing tower of any height
if:
| |||
|
(i)
|
The addition of the antenna adds no more than 20 feet to the
height of the existing tower;
| |||
|
(ii)
|
The height of the antenna and structure does not exceed 60 feet;
and
| |||
|
(iii)
|
No buildings or supporting equipment will be added in connection
with the antenna.
| |||
|
5.
|
Carports, subject to the following requirements:
|
"R-1" through "R-6"
| ||
|
a.
|
The carport must be designated to shelter not more than two
vehicles and shall not exceed 24 feet on its longest dimension;
| |||
|
b.
|
The carport shall be placed on a concrete surface;
| |||
|
c.
|
A carport greater than 576 square ft. is not allowed except
when located in the rear of the property behind the principal structure
and may not exceed the as built single-story footprint floor plan
in square-feet of the principle structure on any individually platted
residential lot and is otherwise not restricted to the number of vehicles
designated to be sheltered by the carport and shall meet all other
applicable zoning requirements;
| |||
|
d.
|
An integrally built carport (built into house) in front of the
existing principle structure shall be built with gable or hip roof
meeting the same pitch of the existing principle structure and be
of the same construction material and design as of the principle structure
unless otherwise permitted by law and shall not extend past the front
building line for that particular zoning district:
| |||
|
Exception: When the principle structure is of a flat roof design,
a carport when built in front shall match the existing roofline;
| ||||
|
e.
|
A metal carport or freestanding carport may not extend past
the front of the principle structure. A freestanding carport is a
carport that is not built integrally to the existing structure and
is not of the same construction material and design of the principle
structure;
| |||
|
f.
|
Carports must meet all setback requirements for the applicable
zoning district;
| |||
|
g.
|
A carport is permitted in the second front yard of a corner
lot provided that the setback from the prevailing edge of the street
is a minimum of fifteen (15) feet.
| |||
|
6.
|
Garage sales or yard sales, subject to compliance with applicable
ordinances.
|
"R-1" through "R-6"
| ||
|
7.
|
Gasoline sales facilities if utilized in conjunction with another
permitted use in this zoning category. A gasoline sales facility must
be self-service in nature and is to include the gasoline sales activity
frequently conducted as an accessory use to "drive-in" food stores.
Any gasoline sales facility under this provision shall have the design
and number of gasoline delivery stations or pumps be pre-approved
by City's Fire Inspector.
|
"C-2," "C-3," "I"
| ||
|
8.
|
Home occupation uses, subject to the following conditions:
|
"R-1" through "R-6"
| ||
|
a.
|
No persons other than members of the family residing on the
premises shall be engaged in such occupation;
| |||
|
b.
|
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 250 square feet of floor area
of the dwelling unit shall be used in the conduct of the home occupation;
| |||
|
c.
|
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation. No sign advertising a home occupation shall be placed
on property where a home occupation is conducted;
| |||
|
d.
|
No home occupation shall be conducted in any accessory building;
| |||
|
e.
|
Any sales in connection with such home occupation shall be clearly
secondary. There shall be no sales from the dwelling;
| |||
|
f.
|
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard;
| |||
|
g.
|
No equipment, process or work shall be used or conducted in
such home occupation which creates noise, vibration, glare, fumes,
odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment,
process or work shall be used or conducted which creates visual or
audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises;
| |||
|
h.
|
The operation of beauty culture schools, beauty parlors, barber
shops, lawn mower or other small or large engine repair, and any boarding
house/rooming house shall not be permitted as a home occupation or
as an accessory use; and
| |||
|
i.
|
No outdoor storage of any type shall be permitted with any home
occupation.
| |||
|
9.
|
Lanais, gazebos greenhouses, garden and patio shelters, sundecks,
and children's playhouses, provided the privacy enjoyed by adjacent
residents are not impaired.
|
"R-1" through "R-6"
| ||
|
10.
|
Model and/or sample homes for the purpose of promoting sales
shall be permitted, provided these structures are located on and within
the same tract or subdivision of land being developed for sale.
|
"R-1" through "R-6"
| ||
|
11.
|
Office or administrative areas and activities supportive of
the permitted principal uses.
|
"I"
| ||
|
12.
|
On-site storage of records or file materials which are ancillary
to or a portion of the office or business activities conducted within
the principal office use (an example of this activity would be the
file storage and records required by a title company operation).
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
|
13.
|
One temporary construction facility and/or one temporary sales
facility by a developer not to exceed 500 square feet per facility,
only during actual construction for a period not to exceed two years
and located on property being developed.
|
ALL
| ||
|
13.5.
|
Outdoor portable food stands (to include snow cone stands and
other food vending stands) are prohibited except that during special
events the business owner obtains permit approval not to exceed 5-days
out of any 180-day period from City Council. Snow cone stands previously
approved by the City Council shall be permitted to operate subject
to City Council approval each year for a period not to exceed 180-days
and they must be removed from the property at the end of the 180-day
period. Any previously approved snow cone stands are not allowed to
continue once there has been a change of ownership or proprietorship
involving that particular snow cone stand.
|
"C-1," "C-2," "C-3"
| ||
|
14.
|
Outside display or retail sales, subject to the following conditions:
|
"C-1," "C-2," "C-3," "P-C," "CF"
| ||
|
a.
|
The business displaying the merchandise must have a valid certificate
of occupancy;
| |||
|
b.
|
The merchandise (new and/or secondhand) must not [be] left outdoors
when the business is closed;
| |||
|
Exception: With the change in ownership before a new commercial
certificate of occupancy will be approved; outside storage areas where
merchandise is kept even when closed and visible to the public requires
that first a screening device constructed of metal, wood, vinyl, masonry
or other code-approved screening type materials not less than six
feet nor greater than eight feet in height shall be placed around
the storage area.
| ||||
|
c.
|
Total outside display must not exceed fifty (50) percent of
the indoor floor area of the business; and
| |||
|
d.
|
Outside display of items for the purpose of manufacturing or
assembly is not permitted.
| |||
|
15.
|
Outside RV Storage.
|
"C-3"
| ||
|
16.
|
Parking and storage of private boats, camper, trailers or other
recreational vehicles in conformance with Section 20.
|
"R-1" through "R-6"
| ||
|
17.
|
Private swimming pool, wading pools, and game courts (lighted
and unlighted), provided that:
|
"R-1" through "R-6"
| ||
|
a.
|
If lighted, the lighting shall be so directed and shielded so
not to shine directly on any adjacent residential property;
| |||
|
b.
|
Any such pool or game court is for the private use of the site
occupants and their guests, and not operated as a business;
| |||
|
c.
|
All "at grade" swimming pools with a water depth greater than
18" and "above grade" swimming pools having a water depth 18" or more,
except for portable tot pools, shall be enclosed by a fence and gate
in accordance with the city building code or other applicable ordinances;
| |||
|
d.
|
Ornamental pools or ponds designed for decorative purposes and
having a depth less than 18" are not subject to a special fencing
requirement and may be located within the required front or rear yards
provided that they maintain a minimum 10 feet setback from the closest
property line; and
| |||
|
e.
|
All other pools may be located in a side or rear yard, but not
within a front yard nor forward of the principal building on the lot,
and shall not be located closer than five feet to any side or rear
property line nor be located any closer than five feet to another
structure.
| |||
|
18.
|
Public, semi-public and private parks; recreation and open space
including playgrounds, parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths, equestrian trails, nature
centers, bird and wildlife sanctuaries.
|
ALL
| ||
|
19.
|
Required off-street parking and loading space.
|
ALL
| ||
|
19.5.
|
Existing accessory buildings designed for residential human
occupation may be used for human occupation limited to family members
as defined by this Ordinance providing, they existed prior to the
adoption of the zoning ordinance and are registered as a legal nonconforming
structure.
|
"R-1" through "R-6"
| ||
|
20.
|
Retail activity of a service nature designed to provide direct
service support to the businesses and employees who occupy the remainder
of the office complex. This is limited to those activities which are
clearly supportive of office operations, such as food service in the
nature of cafeterias or snack bars, newsstands or gift shops providing
reading material and small, consumable sundries, pharmacies or drug
stores, particularly when co-located with medical or medical related
office facilities, office supply stores or outlets providing support
to businesses within the complex itself. Stores operating under this
vision shall not be limited only to sales within the office complex
but should clearly be aimed at marketing primarily within the immediate
vicinity of the complex site.
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
|
21.
|
Signs for advertising uses on the premises.
|
"MF," "C-1," "C-2," "C-3," "I," "CF"
| ||
|
22.
|
Such other service activities as are clearly found to be directed
at supporting the employees or business operations of the office complex.
In no event shall the area allocated to retail sales exceed 15 percent
of the net usable square footage of each office structure. All retail
operations undertaken pursuant to this provision shall involve no
outdoor storage or sales and all signage for activities shall be contained
wholly within the office structure in which the retail operation is
established. No outside advertising shall be permitted.
|
"C-1," "C-2," "C-3" "I," "CF"
| ||
|
23.
|
Temporary buildings including temporary carports, subject to
the following conditions:
|
ALL
| ||
|
a.
|
To be used for construction purposes only, and upon issuance
of a permit by the zoning administrator, and to be removed upon completion
or abandonment of construction work or removed upon request of the
zoning administrator; and
| |||
|
b.
|
Permits shall be issued for such temporary buildings for a period
of six months only.
| |||
|
24.
|
Tennis courts, health clubs, and related recreation facilities
provided they are for the primary use of guests, customers or person
associated with the principal use.
|
"MF," "C-1," "C-2," "C-3," "I," "CF"
| ||
|
25.
|
Tents for the purpose of promoting retail sales for a period
not exceeding 23 days. This use shall require a permit and shall be
subject to the provisions of the Uniform Fire Code, Art. 32, as amended.
It shall also meet the development regulations of the zoning district
in which it is being placed. No more than two permits may be issued
in any one-year period, with a 60 day separation between uses.
|
"CF," "C-1," "C-2 "C-3," "I"
| ||
|
26.
|
Temporary Uses are permitted as long as they are seasonal sales,
including, but not limited to Christmas tree sales, merchandise sale,
or fruits and vegetables sales related to active businesses during
normal regular business hours in direct support of the business that
is supported by a letter of affidavit from the business owner.
|
"C-1," "C-2," "C-3"
| ||
|
27.
|
Farmers Markets, Craft Fairs and Art Shows approved by Special
Permit of the City Manager for a specific period and when determined
to be applicable by the City Manager, shall comply with the regulations
provided for in Section 19.E "Outside Special Events Permitting.
|
"C-1," "C-2," "C-3" "CF"
| ||
B.
ACCESSORY BUILDINGS.
The following regulations shall
govern the location and use of any accessory building:
1.
An accessory building shall be erected no closer than five feet to
a property line located in the rear or side yard.
2.
No accessory building shall be erected within a utility easement.
3.
No accessory building shall be erected within 10 feet of any other
building, except that detached residential garages may be located
not closer than five feet to the main dwelling.
4.
No accessory building shall be constructed upon a lot until the construction
of the principal building or use has actually been commenced, and
no accessory building shall be used unless the main building on a
lot is completed and used.
5.
An accessory building shall not exceed one story or 14 feet in height.
6.
No accessory building shall be located forward of the principal building
on the lot.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE AND INTENT.
The exploration, development, and
production of petroleum and gas in the City is an activity which necessitates
reasonable regulation to ensure that all property owners, mineral
and otherwise, have the right to peaceably enjoy their property and
its benefits and revenues. It is hereby declared to be the purpose
of this Section to establish reasonable and uniform limitations, safeguards
and regulations for operations related to the exploring, drilling,
developing, producing, transporting and storing of petroleum, gas
and other substances produced in association with petroleum and gas
within the City to protect the health, safety and general welfare
of the public; minimize the potential impact to property and mineral
rights owners, protect the quality of the environment and encourage
the orderly production of available mineral resources.
B.
Abandonment.
Applicant.
City.
City Staff.
Drill Site.
Drilling.
Exploration.
Fire Code.
Gas.
Gas Well.
Gas Well Permit.
Gathering Station.
Hazardous Materials Management Plan.
New Well.
Oil.
Oil Well.
Oil Well Permit.
Operation Site.
Operator.
Person.
Petroleum Specialist.
Pipeline Easement Map.
Railroad Commission.
Structure.
Well.
DEFINITIONS.
All technical industry words or phrases
related to the drilling and production of oil and gas wells not specifically
defined shall have the meanings customarily attributable thereto by
prudent operators in the oil and gas industry. For the purposes of
this Ordinance, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
As defined by the Railroad Commission and includes the plugging
of the well and restoration of the drill site as required by this
Ordinance.
A person to whom a permit or certificate for the drilling,
operation and production of a well, or the installation or operation
of a pipeline, is issued under this Ordinance, including, but not
limited to, his or her heirs, legal representatives, successors or
assigns.
The City of River Oaks, Texas.
Employees and independent contractors performing services
for the City of River Oaks, including but not limited to the Fire
Marshal.
The area used for drilling, completing, or reworking a well.
Any digging or boring of a new well to develop or produce
oil or gas or to inject gas, water, or any other fluid or substance
into the earth. Drilling means and includes the re-entry of an abandoned
well. Drilling does not mean or include the re-entry of a well that
has not been abandoned.
Geologic or geophysical activities, including, but not limited
to surveying and seismic exploration, related to the search for oil,
gas, or other subsurface hydrocarbons.
The Fire Code adopted by the City of River Oaks, as amended.
Gas or natural gas, as such terms are used in the rules,
regulations, or forms of the Railroad Commission.
Any well drilled for the production of gas or classified
as a gas well under the Texas Natural Resources Code or the Railroad
Commission.
A Gas Well Permit applied for and issued or denied under
this Ordinance authorizing the drilling, production, and operation
of one or more gas wells.
The site where the gathering lines for all the wells converge.
The hazardous materials management plan and hazardous materials
inventory statements required by the Fire Code.
A new well bore or new hole established at the ground surface
and shall not include the reworking of an existing well that has not
been abandoned unless the rework intends to drill to a deeper total
depth, which shall require a new well permit.
Oil, as such terms are used in the rules, regulations, or
forms of the Railroad Commission.
Any well drilled for the production of oil or classified
as an oil well under the Texas Natural Resources Code or the Railroad
Commission.
An Oil Well Permit applied for and issued or denied pursuant
to this Ordinance authorizing the drilling, production, and operation
of one or more oil wells.
The area used for development and production and all related
operational activities of oil and gas after drilling activities are
complete.
For each well, the person listed on the Railroad Commission
Form W-1 or Form P-4 for an oil or gas well.
Includes both the singular and plural and means an individual
person, corporation, association, partnership, receiver, trustee,
guardian, executor, administrator, and a fiduciary or representative
of any kind.
An independent qualified oil and gas consultant familiar
with and educated in the oil and gas industry who has been retained
by the City.
A map indicating all gathering line easements. The easements
must be located separately from the utility easements.
The Railroad Commission of Texas.
Any building intended for shelter, occupancy, housing or
enclosure for persons, animals, cattle or storage.
A hole or bore to any horizon, formation, or strata for the
purpose of producing oil, gas, or other liquid hydrocarbons.
C.
OIL AND GAS WELL DRILLING AND PRODUCTION WITH APPROVED SITE PLAN
IN PD - PLANNED DEVELOPMENT DISTRICTS ONLY.
The drilling
and production of oil and gas within the corporate limits of the City
shall be permitted in each zoning district with approved Site Plan
approved PD - Planned Development zoning districts only and shall
be subject to the following:
1.
The application for Site Plan approval Planned Development zoning
shall be in accordance with the provisions of Section 25, hereof.
2.
No drilling shall be permitted within six hundred feet (600')
of any residential structure or public building, institution, school,
or commercial building; provided, however, that drilling shall be
permitted as close as three hundred feet (300') if all affected
property owners agree in writing.
3.
Notwithstanding the provisions of Section 25 hereof, an approved
Site Plan shall be required in every zoning district.
4.
An approved Road Repair Agreement in accordance with the provisions
set forth herein.
5.
An Oil and Gas Permit application may be filed with the City concurrently
with the application for Site Plan approval Planned Development zoning;
provided, however, that the City shall not be required to consider
the Oil and Gas Permit application unless and until the Site Plan
Planned Development zoning district is approved by the City Council.
6.
Oil and/or gas drilling and production, and all associated uses regulated
by this Section 23 shall not be considered a "Utility Facility" use
as that phrase is defined in Section 4, hereof.
D.
OIL AND GAS WELL PERMIT REQUIRED.
1.
Any person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall not engage in the drilling
and production of oil or gas wells within the corporate limits of
the City without first obtaining an Oil and Gas Well Permit issued
pursuant to this Ordinance. A separate permit shall be required for
each new well. An operator may apply for and obtain separate permits
covering each well or a "blanket" permit covering multiple wells to
be located within an approved Planned Development zoning district.
2.
When an Oil and Gas Well Permit has been issued covering a well,
the permit shall constitute authority for drilling, operation, production,
gathering of production, maintenance, repair, reworking, testing,
site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this Ordinance associated
with drilling or production by the operator and their respective employees,
agents, and contractors. An Oil and Gas Well Permit shall also constitute
authority for the construction and use of all facilities reasonably
necessary or convenient in connection therewith, including gathering
lines and discharge lines, by the operator and its respective employees,
agents, contractors and subcontractors.
3.
An Oil and Gas Well Permit shall not, however, constitute authority
for the re-entering and drilling of an abandoned well. Re-entry and
drilling of an abandoned well shall require a new Oil and Gas Well
Permit.
E.
ROAD REPAIR AGREEMENT.
A Road Repair Agreement shall
be filed with the Department of Public Works of the City. A Road Repair
Agreement must obligate the operator to repair damage to public streets,
including but not limited to bridges, caused by the operator (or by
the operator's employees, agents, contractors or representatives)
in the performance of any activity authorized by or contemplated by
the approved Oil or Gas Well Permit. The City Administrator shall
have the authority to execute the Road Repair Agreement upon approval
by the City Council.
F.
COMPLIANCE WITH THE SITE PLAN.
Any person who proposes
extraction of oil or gas on a tract of land located within the corporate
limits of the City of River Oaks shall prepare an Oil or Gas Well
Development Site Plan. In addition to the requirements outlined in
Section 25 hereof (site plan submission requirements), the following
shall apply:
1.
The Site Plan shall provide for adequate sanitation facilities, access
roads, drainage, erosion control and other necessary supporting facilities
identified on the Site Plan.
2.
The design, location, and arrangement of all driveways and parking
spaces shall provide for the safe and convenient movement of vehicular
and pedestrian traffic without adversely affecting the general public
or adjacent developments.
3.
Erosion control is required and shall comply with all local, State
and Federal requirements. The operator shall file a copy of the Stormwater
Pollution Plan if required by the EPA.
4.
Reserve pits shall be lined to prevent water pollution.
5.
With the exception of vehicular access, no development is allowed
in a floodway.
6.
Prior to approval of a Site Plan, an approved Road Repair Agreement
must be on file with the City.
7.
A video documenting the existing road conditions within one (1) mile
of the drill site will be required prior to approval of the Road Repair
Agreement.
8.
Identify truck routes and access points.
9.
Identify Environmentally Sensitive Areas (ESA's) including floodplains
and any proposed floodplain, creek and stream crossings.
a.
All floodplain, creek and stream crossings, if not at grade, shall
be designed to a 10-year storm frequency.
b.
All floodplain crossings shall have no negative affects on surrounding
property.
c.
A drainage study sufficient to substantiate the above requirements
will be required as part of the submittal if crossings are proposed.
d.
Identify and indicate the proposed method of erosion control.
G.
CONTENTS OF APPLICATION FOR OIL AND GAS WELL PERMIT.
Applications for Oil and Gas Well Permits shall be in accordance
with the following:
H.
REVIEW OF APPLICATIONS FOR OIL AND GAS WELL PERMIT.
1.
All applications for Oil and Gas Well Permits shall be filed with
the Public Works Director who shall immediately forward all applications
to the Petroleum Specialist for review. Incomplete applications shall
be returned to the applicant, in which case the City shall provide
a written explanation of the deficiencies if requested by the applicant.
All applications for an Oil and Gas Permit shall be accompanied by
a processing fee in an amount established by official resolution of
the City Council, which shall be assessed to recoup the administrative
expenses incurred by the City in administrating such permit. The City
may return any application as incomplete if there is a dispute pending
before the Railroad Commission regarding the determination of the
operator.
2.
The Petroleum Specialist shall review each application within thirty
(30) days after filing and shall determine whether the application
includes all of the information required by this Ordinance, whether
the application is in conformance with the applicable Site Plan, the
Road Repair Agreement, and whether the application is in conformance
with the insurance and security requirements set forth in this Ordinance.
3.
The failure of the Petroleum Specialist to review an Oil and Gas
Well Permit application within the time limits specified above shall
not require the City to approve an application that does not meet
the minimum requirements set forth in this Ordinance.
I.
CONTENTS OF OIL AND GAS WELL PERMIT ISSUED BY THE CITY.
1.
Each Oil and Gas Permit shall contain the following information:
a.
Identify the name of each well and its operator;
b.
Specify the date on which the City issued each permit;
c.
Specify the date by which drilling must commence, otherwise the permit
expires (such date shall not be less than one (1) year after the date
of issuance). A one (1) year extension of time may be granted if existing
conditions are the same;
d.
Specify that if drilling is commenced before the permit expires,
the permit shall continue until the wells covered by the permit are
abandoned and the site(s) restored;
e.
Incorporate, by reference, the insurance and security requirements
set forth in this Ordinance;
f.
Incorporate, by reference, the requirement for periodic reports and
for providing notice of reworking an existing well, as set forth in
this Ordinance;
g.
Incorporate the full text of the release of liability provisions
set forth in this Ordinance;
h.
Incorporate, by reference, the conditions of the applicable Site
Plan;
i.
Incorporate, by reference, the information contained in the permit
application;
j.
Incorporate, by reference, the applicable rules and regulations of
the Railroad Commission, including the applicable "field rules";
k.
Specify that no drilling operations (including the construction of
internal private access roads) shall commence until the operator has
provided the security required by this Ordinance;
l.
Contain the name, address, and phone number of the person designated
to receive notices from the City, which person must be a resident
of Texas, that can be served in person or by registered or certified
mail; and
m.
Incorporate by reference all permits and fees required by the City.
J.
INSURANCE AND INDEMNIFICATION.
The operator shall provide
or cause to be provided the insurance described below for each well
for which an Oil and Gas Well Permit is issued, such insurance to
continue until the well is abandoned and the site restored. The operator
may provide the required coverage on a "blanket basis for multiple
wells." The operator shall provide an affidavit from the operator's
insurance company certifying that the insurance provided complies
with the requirements of this Ordinance.
1.
General Requirements: Indemnification and Express Negligence Provisions.
a.
Each Oil and Gas Well Permit issued by the City shall include the
following language: Operator does hereby expressly release and discharge
all claims, demands, actions, judgments, and executions which it ever
had, or now has or may have, or assigns may have, or claim to have,
against the City of River Oaks and/or its departments, its agents,
officers, servants, successors, assigns, sponsors, volunteers, or
employees, created by, or arising out of personal injuries, known
or unknown, and injuries to property, real or personal, or in any
way incidental to or in connection with the performance of the work
performed by the operator under an Oil and Gas Well Permit and the
operator caused by or arising out of, that sequence of events which
occur from the operator under the Oil and Gas Well Permit and work
performed by the operator shall fully defend, protect, indemnify,
and hold harmless the City of River Oaks, Texas, and/or its departments,
agents, officers, servants, employees, successors, assigns, sponsors,
or volunteers from and against each and every claim, demand, or cause
of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, fees, and expenses incurred in defense
of the City of River Oaks, Texas, and/or its departments, agents,
officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by Operator, its agents, assigns, or any third parties on account
of, arising out of, or in any way incidental to or in connection with
the performance of the work performed by the Operator under an Oil
and Gas Well Permit, and the Operator agrees to indemnify and hold
harmless the City of River Oaks, Texas, and/or its departments, and/or
its officers, agents, servants, employees, successors, assigns, sponsors,
or volunteers from any liabilities or damages suffered as a result
of claims, demands, costs, or judgments against the City and/or, its
departments, it's officers, agents, servants, or employees, created
by, or arising out of the acts or omissions of the City of River Oaks,
occurring on the drill site or operation site in the course and scope
of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED
TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE
OF THE CITY OF RIVER OAKS OCCURRING ON THE DRILL SITE OR OPERATION
SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL
AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY
AND PROTECT THE CITY OF RIVER OAKS, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF
THE NEGLIGENCE OF THE CITY OF RIVER OAKS, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH,
AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE
COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS
LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
b.
All policies shall be endorsed to read "This policy will not be cancelled
or nonrenewed without 30 days advanced written notice to the owner
and the City except when this policy is being cancelled for nonpayment
of premium, in which case 10 days advance written notice is required."
c.
Liability policies shall be written by carriers licensed to do business
in Texas and with companies with A: VIII or better rating in accordance
with the current Best Key Rating Guide, or with nonadmitted carriers
that have a financial rating comparable to carriers licensed to do
business in Texas, and approved by the City.
d.
Liability policies shall name as "Additional Insured" the City and
its officials, agents, employees, and volunteers. Waivers of subrogation
shall be provided in favor of the City.
e.
Certificates of insurance must be presented to the City evidencing
all coverage's and endorsements required by this Ordinance, and
the acceptance of a certificate without the required limits and/or
coverage's shall not be deemed a waiver of these requirements.
f.
Claims made policies will not be accepted except for excess policies.
2.
Required Insurance Coverage:
a.
Commercial General Liability Insurance:
i.
Coverage should be a minimum Combined Single Limit of One Million
Dollars ($1,000,000.00) per occurrence for Bodily Injury and Property
Damage. This coverage must include premises, operations, blowout or
explosion, products, completed operations, blanket contractual liability,
underground property damage, broad form property damage, independent
contractors protective liability and personal injury.
ii.
Environmental Impairment (or Seepage and Pollution) shall be
either included in the coverage or written as separate coverage. Such
coverage shall not exclude damage to the lease site. If Environmental
Impairment (or Seepage and Pollution) Coverage is written on a "claims
made" basis, the policy must provide that any retroactive date applicable
precedes the effective date of the issuance of the permit. Coverage
shall apply to sudden and nonsudden pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants. Coverage shall be a minimum combined single
limit of One Million Dollars ($1,000,000.00), per occurrence.
b.
Automobile Liability Insurance:
Minimum Combined
Single Limit of Five Hundred Thousand Dollars ($500,000.00) per occurrence
for Bodily Injury and Property Damage. Such coverage shall include
owned, nonowned, and hired vehicles.
c.
Worker's Compensation Insurance:
In addition
to the minimum statutory requirements, coverage shall include Employer's
Liability limits of at least One Hundred Thousand Dollars ($100,000.00)
for each accident, One Hundred Thousand Dollars ($100,000.00) for
each employee, and a Five Hundred Thousand Dollars ($500,000.00) policy
limit for occupational disease, and the insurer agrees to waive rights
of subrogation against the City, its officials, agents, employees,
and volunteers for any work performed for the City by the operator.
As an alternative to worker's compensation the operator may provide
the equivalent to employer's liability insurance meeting the
requirements of this section.
d.
Excess (or Umbrella) Liability Insurance:
Minimum
limit of Ten Million Dollars ($10,000,000.00) covering in excess of
the preceding insurance policies.
e.
Control of Well Insurance:
i.
Minimum limit of Five Million Dollars ($5,000,000.00) per occurrence.
ii.
Policy shall cover the Cost of controlling a well that is out
of control, Redrilling or Restoration expenses, Seepage and Pollution
Damage. Damage to Property in the Operator's Care, Custody, and
Control with a sublimit of Five Hundred Thousand Dollars ($500,000.00)
may be added.
K.
SECURITY.
A security instrument that covers each well
must be delivered to the City before the issuance of the Oil and Gas
Well Permit for the well. The instrument must provide that it cannot
be cancelled without at least thirty (30) days prior written notice
to the City and, if the instrument is a performance bond, that the
bond cannot be cancelled without at least ten (10) days prior written
notice for nonpayment of premium. The instrument shall secure the
obligations of the operator related to the well to:
1.
Repair damage, excluding ordinary wear and tear, if any, to public
streets, including but not limited to bridges, caused by the operator
or by the operator's employees, agents, contractors, subcontractors
or representatives in the performance of any activity authorized by
or contemplated by the Oil and Gas Well Permit;
2.
Comply with the insurance and security provisions set forth in this
Ordinance.
3.
Pay fines and penalties imposed upon the operator by the City for
any breach of the Oil and Gas Well Permit.
4.
The security instrument may be in the form of an irrevocable letter
of credit or payment bond issued by a bank or surety approved by the
City. The instrument shall run to the City for the benefit of the
City, shall become effective on or before the date the Oil and Gas
Well Permit is issued, and shall remain in effect until the well is
abandoned and the site restored.
5.
A certificate of deposit may be substituted for the letter of credit
or payment bond. The certificate shall be issued by a bank maintaining
a branch in Tarrant County, Texas, shall be approved by the City,
shall be payable to the order of the City to secure the obligations
of the operator described above, and shall be pledged to the bank
with evidence of delivery provided to the City. Interest on the certificate
shall be payable to the operator.
6.
The security instrument may be provided for individual wells or on
a "blanket" basis for multiple wells. The amount of the security shall
be a minimum of Fifty Thousand Dollars ($50,000.00) for any single
well and a minimum of One Hundred Thousand Dollars ($100,000.00) for
multiple wells on a "blanket" basis.
L.
PERIODIC REPORTS.
1.
The operator shall notify the Director of Public Works of any changes
to the following information immediately, within one (1) business
day after the change occurs.
a.
The name, address, and phone number of the operator;
b.
The name, address, and twenty-four (24) hour phone number of the
person(s) with supervisory authority over drilling or operations activities;
c.
The name, address, and phone number of the person designated to receive
notices from the City, which person must be a resident of Texas that
can be served in person or by registered or certified mail; and
d.
The operator's Emergency Action Response Plan including "drive-to-maps"
from public rights-of-way to each Operation site.
2.
The operator shall provide a copy of any "incident reports" or written
complaints submitted to the Railroad Commission or any other state
or federal agency within thirty (30) days after the operator has notice
of the existence of such reports or complaints.
3.
Beginning on December 31st after each well is completed, and continuing
on each December 31st thereafter until the operator notifies the City
that the well has been abandoned and the site restored, the operator
shall prepare a written report to the City identifying any changes
to the information that was included in the application for the applicable
Oil and Gas Well permit that have not been previously reported to
the City.
M.
AMENDED OIL AND GAS WELL PERMITS.
1.
An operator must submit an application to the Public Works Director
to amend an existing Oil and Gas Well Permit, to commence drilling
from a new drill site that is not shown on (or incorporated by reference
as part of) the existing permit, to relocate a drill site or operation
site that is shown on (or incorporated by reference as part of) the
existing permit, or to otherwise amend the existing permit.
2.
Applications for amended Oil and Gas Well Permits shall be in writing,
shall be on forms provided by the Petroleum Specialist, shall be signed
by the operator, and shall include the following:
a.
The original application fee as established by official resolution
of the City Council;
b.
A description of the proposed amendments;
c.
Any changes to the information submitted with the application for
the existing Oil and Gas Well Permit (if such information has not
previously been provided to the City);
d.
Such additional information as is reasonably required by the Petroleum
Specialist or City Staff to demonstrate compliance with the applicable
Site Plan; and
e.
Such additional information as is reasonably required by the Petroleum
Specialist or City Staff to prevent imminent destruction of property
or injury to persons.
f.
All applications for amended Oil and Gas Well Permits shall be filed
with the Public Works Director. The application shall be immediately
forwarded to the Petroleum Specialist for review. Incomplete applications
may be returned to the applicant, in which case the City shall provide
a written explanation of the deficiencies. The City may return any
application as incomplete if there is a dispute pending before the
Railroad Commission regarding the determination of the operator.
g.
If the activities proposed by the amendment are not materially different
from the activities covered by the existing Oil and Gas Well Permit,
and if the proposed activities are in conformance with the applicable
Site Plan, then the Petroleum Specialist shall review the amendment
within ten (10) days after the application is filed.
h.
If the activities proposed by the amendment are materially different
from the activities covered by the existing Oil and Gas Well Permit,
and if the proposed activities are in conformance with the applicable
Site Plan, then the Petroleum Specialist shall review the amendment
within thirty (30) days after the application is filed. If, however,
the activities proposed by the amendment are materially different
and, in the judgment of the Petroleum Specialist, might create a risk
of imminent destruction of property or injury to persons that was
not associated with the activities covered by the existing permit
or that was not otherwise taken into consideration by the existing
permit, the amendment must be processed as a new Oil and Gas Well
Permit application.
i.
The failure of the Petroleum Specialist to review an amended Oil
and Gas Well Permit application within the time limits specified above
shall not require the City to approve an application that does not
meet the minimum requirements set forth in this Ordinance.
j.
A decision to deny an amendment to an Oil and Gas Well Permit shall
be provided to the operator in writing within ten (10) days after
the decision is made, including an explanation of the basis for the
decision. The operator may appeal any such denial to the City Council;
provided, however, that the request for appeal must be filed with
the office of the City Secretary within 30 days of receipt of such
denial.
N.
TRANSFER OF OIL AND GAS WELL PERMITS.
An Oil and Gas
Well Permit may be transferred by the operator with the consent of
the City if the transfer is in writing signed by both parties, and
the transferee agrees to be bound by the terms and conditions of the
transferred permit, if all information previously provided to the
City as part of the application for the transferred permit is updated
to reflect any changes and if the transferee provides the insurance
and security required by this Ordinance. The insurance and security
provided by the transferor shall be released if a copy of the written
transfer is provided to the City. The transfer shall not relieve the
transferor from any liability to the City arising out of any activities
conducted prior to the transfer.
O.
ON-SITE OPERATION REQUIREMENTS.
1.
A secured entrance gate and a sign shall be required. The sign identifying
the entrance to the drill site or operation site shall be reflective.
2.
Temporary six-foot (6') chainlink or approved alternative fences
shall be required to surround drill sites during initial drilling
and completion, and shall be locked when no operations personnel are
present.
3.
Permanent cedar fences with masonry columns spaced not less than
sixteen feet (16'), nor more than twenty-four feet (24')
surrounding producing sites shall be a minimum of eight feet (8')
in height or higher than the enclosed equipment and shall remain locked
at all times when no one is present. The area surrounding the well
head, associated equipment, and screening wall must be landscaped
to blend with the local area. Trees and shrubbery used in the landscaping
must be of good quality and must be compatible with the soils and
climate in the River Oaks area. Landscaping must be maintained to
keep the trees and shrubbery in good health and pleasing to the eye.
4.
No refining process, or any process for the extraction of products
from gas, shall be carried on at a drill site or operation site, except
that a dehydrator and separator may be maintained on a drill site
or operation site for the separation of liquids from gas. Any such
dehydrator or separator may serve more than one well. All production
equipment on an operation site shall be painted and maintained at
all times, including pumping units, storage tanks, buildings, and
structures.
5.
Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED"
in a minimum of four inch (4") lettering shall be posted at the entrance
of each drill site and operation site. The sign shall include the
phone number for emergency services (9-1-1), the name and phone number
for the operator, and the well designation required by the Railroad
Commission in two inch (2") lettering.
6.
No person shall place, deposit, or discharge or cause or permit to
be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or
brine, from any oil or gas operation or the contents of any container
used in connection with any oil or gas operation in, into, or upon
any public right-of-way, storm drain, ditch or sewer, sanitary drain
or sewer, any body of water, or any private property within the corporate
limits of the City.
7.
All electric lines to production facilities shall be located underground
in a manner compatible to those required to be installed in the surrounding
areas or subdivision and shall comply with the City Building Code.
8.
All fire suppression and prevention equipment required by any applicable
federal, state, or local law shall be provided by the operator, at
the operator's cost, and maintenance and upkeep of such equipment
shall be the responsibility of the operator.
9.
No operator shall excavate or construct any lines for the conveyance
of fuel, water, gas or petroleum liquids on, under, or through the
streets or alleys or other land of the City without an easement or
right-of-way license from the City, at a price to be agreed upon,
and then only in strict compliance with this Ordinance, with other
Ordinances of the City, and with the specifications established by
the Department of Public Works.
10.
The digging up, breaking, excavating, tunneling, undermining, breaking
up, or damaging of any public street or leaving upon any public street
any earth or other material or obstruction, is prohibited unless the
operator has first obtained written permission from the City, and
then only in compliance with specifications established by the City.
11.
No Oil or Gas Well Permit shall be issued for any well to be drilled
within any of the streets or alleys of the City and/or streets or
alleys shown by the Comprehensive Land Use Plan, and no street shall
be blocked or encumbered or closed due to any exploration, drilling,
or production activities unless prior consent is obtained from the
City, and then only temporarily.
P.
OPERATIONS AND EQUIPMENT PRACTICES AND STANDARDS.
1.
Adequate nuisance prevention measures shall be taken to prevent or
control offensive odor, fumes, dust, noise and vibration.
2.
No person shall permit any lights located on any drill or operation
site to be directed in such a manner so that they shine directly on
public roads, adjacent property or property in the general vicinity
of the operation site. To the extent practicable and taking into account
safety considerations, site lighting shall be directed downward and
internally so as to avoid glare on public roads and adjacent dwellings
and buildings within three hundred feet (300').
3.
The operator shall at all times comply with the rules and regulations
of the Railroad Commission including but not limited to all applicable
Field Rules.
4.
Noise levels must not exceed seventy (70) decibels at any point one
hundred feet (100') from the well. Internal combustion engines
may be used in drilling and producing operations if they have mufflers
that will reduce noise to the maximum decibel level set forth herein.
If noise levels at a distance of one hundred feet (100') exceed
seventy (70) decibels, a sound reduction enclosure shall be required
around a drilling rig and any internal combustion engines. Only electric
motors shall be used for the purpose of pumping oil wells. Electric
motors shall be used for compressors located at gas well sites. The
noise level during fracking operations must not exceed the maximum
decibel levels set forth herein.
5.
In parallel to gas gathering pipeline, a flow back line shall be
installed to handle water and gas flow back following well fracture
treatment.
6.
Vehicles, equipment, and machinery shall not be placed or located
on a drill site or operation site or on any public street, alley,
driveway, or other public Right-of-Way in such a way as to constitute
a fire hazard or to unreasonably obstruct or interfere with fighting
or controlling fires.
7.
Except in the case of an emergency, well servicing operations and
any deliveries to the site shall be scheduled to occur between the
hours of 7:00 a.m.–7:00 p.m., Monday through Friday, and 9:00
a.m.–6:00 p.m., Saturday and Sunday, only. The time limits set
forth herein do not apply during the initial well drilling process.
8.
Air, gas, or pneumatic drilling shall not be permitted.
9.
For vehicular safety reasons, the operator shall immediately notify
the City of any substantial accumulations of dirt, dust, mud or other
debris deposited on City thoroughfares by vehicles involved in the
well drilling or servicing or pipeline installation process. If for
safety reasons, the City elects to perform the removal, the cost of
such removal shall be paid by the operator.
10.
Within 30 days of the completion of the well or drilling activities,
or within 30 days of a subsequent fracturing process, the area around
the well shall be cleaned up and all material associated with the
drilling or fracturing activity must be removed. In addition, any
land surface, other than access roads, which has been damaged or disturbed
by the drilling or servicing activity shall be brought back to its
original pre-drilling or pre-fracturing condition.
Q.
STORAGE TANKS AND SEPARATORS.
1.
An operator is allowed to construct, use, and operate such storage
equipment and separation equipment as shown on the application for
the Oil and Gas Development Site Plan.
2.
The use of centralized tank batteries is permitted as shown on the
applicable Development Site Plan.
3.
No meters, storage tanks, separation facilities, or other above ground
facilities shall be placed in the one hundred (100) year floodplain.
R.
FLOW LINES AND GATHERING LINES.
1.
Each operator shall place an identifying sign at each point where
a flow line or gathering line crosses a public street or road.
2.
If a gas field in the City is identified as a H2S gas field the operator
shall be required to cease operations.
3.
All flow lines and gathering lines within the corporate limits of
the City (excluding City utility lines and franchise distribution
systems) that are used to transport oil, gas, and/or water shall be
limited to the maximum allowable operating pressure applicable to
the pipes installed and shall be installed with at least the minimum
cover or backfill specified by the American National Safety Institute
Code, as amended.
4.
Easements must be acquired for all flow lines, gathering lines and
flow back lines. The location of easements shall be shown in a map
approved by the Planning and Zoning Commission and the City Council
prior to the installation of any pipelines.
5.
Structures shall not be built overflow lines or gas gathering pipelines.
6.
All pipelines shall be located underground. The location of all pipelines
must be marked with warning signs in accordance with industry standards.
Within the City of River Oaks, the distance between such signs shall
not exceed five hundred feet (500'). In addition, during backfill
of pipeline excavations, "Buried Pipeline" warning tape shall be buried
one foot (1') above the pipeline to warn future excavators of
the presence of buried pipeline.
S.
ADDITIONAL SAFETY AND ENVIRONMENTAL REQUIREMENTS.
1.
The drilling and production of oil and gas and accessing the oil
or gas well site shall be in compliance with all State and Federal
environmental regulations and shall not occur within Environmentally
Sensitive Areas designated by the Corps of Engineers.
2.
Oil and Gas wells may have a target location or bottom-hole location
that is under an Environmentally Sensitive Area when the oil or gas
well is drilled directionally from a location outside the Environmentally
Sensitive Area.
3.
Each producing well shall be equipped with an automated valve that
closes the well in the event of an abnormal change in operating pressure.
All wellheads shall contain an emergency shut off valve to the well
distribution line.
4.
Each storage tank shall be equipped with a level control device that
will automatically activate a valve to close the well in the event
of excess liquid accumulation in the tank.
5.
Storage tank facilities shall be equipped with a secondary containment
system including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain one
and one-half (1-1/2) times the contents of the largest tank in accordance
with the Fire Code, and the impervious liner shall be covered with
at least one foot (1') of sand. Drip pots shall be provided at
pump out connections to contain the liquids from the storage tank.
6.
Tank battery facilities shall be equipped with a remote foam line
utilizing a 2.5" National Standard Hose Thread female inlet connection
in locations approved by the Fire Department. A lightning arrestor
system shall be installed according to the most current edition of
the National Electrical Code.
7.
An approved Hazardous Materials Management Plan shall be on file
with the Fire Department. The costs of cleanup operations due to hazards
associated with a well site shall be the responsibility of the operator.
8.
All wells shall be abandoned in accordance with the rules of the
Railroad Commission; however, all well casings shall be cut and removed
to a depth of at least ten feet (10') below the surface.
9.
No structures shall be built over an abandoned well.
10.
No salt-water disposal wells shall be located within the City of
River Oaks.
11.
Steel pits or pits lined with a similar impervious material shall
be used in connection with all drilling operations. No earthen pits
shall be used. Pits must be emptied on a regular basis.
T.
SUPPLEMENTAL DRILLING.
1.
The operator shall provide the City with a copy of additional Railroad
Commission permits that allow drilling to a deeper depth.
2.
Supplemental drilling to deepen or directional drill an existing
well shall be conducted in accordance with the approved Oil and Gas
Well Permit for the well on file with the City.
U.
REWORKING OF WELL; NOTICE.
Any person who intends to
rework a well using a drilling rig, to fracture stimulate a well after
initial completion, or to conduct seismic exploration involving explosive
charges shall give written notice to the City at least ten (10) days
before the activities begin. The notice shall identify where the activities
will be conducted and shall describe the activities in reasonable
detail, including but not limited to the duration of the activities
and the time of day they will be conducted. The notice must also provide
the address and twenty-four (24) hour phone number of the person conducting
the activities. The person conducting the activities will post a sign
on the property giving the public notice of the activities, including
the name, address, and twenty-four (24) hour phone number of the person
conducting the activities.
V.
ABANDONMENT OF WELLS AND PIPELINES.
1.
Abandonment of Wells.
Upon abandonment of a well or
well site, within sixty (60) days, the well shall be plugged in accordance
with the Texas Railroad Commission standards, the site shall be cleaned
and cleared of all equipment, holes or excavations filled, and the
land graded and returned to its original condition including replanting
of vegetation to match the surrounding area. All well casings shall
be cut and removed to a depth of at least 10 feet (10') below
the surface.
2.
Abandonment of Pipelines.
Upon abandonment of a pipeline,
within sixty (60) days of abandonment, a pipeline must be purged and
plugged in accordance with the rules and regulations of the State
of Texas in effect at that time.
W.
REMEDIES OF THE CITY.
1.
If an operator (or its officers, employees, agents, contractors,
subcontractors or representatives) fails to comply with any requirement
of an Oil and Gas Well Permit (including any requirement incorporated
by reference as part of the permit), the City shall give written notice
to the operator specifying the nature of the alleged failure and giving
the operator a reasonable time to cure, taking into consideration
the nature and extent of the alleged failure, the extent of the efforts
required to cure, and the potential impact on the health, safety,
and welfare of the community. In no event, however, shall the cure
period be less than thirty (30) days unless the alleged failure presents
a risk of imminent destruction of property or injury to persons or
unless the alleged failure involves the operator's failure to
provide periodic reports.
2.
If the operator does not cure the alleged failure within the time
specified by the City, the City may notify the Railroad Commission
and request that the Railroad Commission take appropriate action (with
a copy of such notice provided to the operator), and the City may
pursue any other remedy available under this Ordinance.
4.
The operator may appeal a decision to suspend or revoke the Oil and
Gas Well Permit, to the City Council.
X.
ENFORCEMENT, RIGHT OF ENTRY.
City Staff is authorized
and directed to enforce this Ordinance and the provisions of any Oil
and Gas Well Permit. Whenever necessary to enforce any provision of
this Ordinance or a Gas Well Permit, or whenever there is reasonable
cause to believe there has been a violation of this Ordinance or an
Oil and Gas Well Permit, City Staff may enter upon any property covered
by this Ordinance or an Oil and Gas Well Permit at any reasonable
time to inspect or perform any duty imposed by this Ordinance. If
entry is refused, the City shall have recourse to every remedy provided
by law and equity to gain entry.
Y.
PENALTY.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
This section provides the city council the
opportunity to deny or to conditionally approve those uses for which
specific use permits are required. These uses generally have unusual
nuisance characteristics and, because of possible adverse impact on
neighboring properties, review, evaluation and exercise of planning
judgment relative to the location and site plan of the proposed use
are required.
B.
REQUIRED.
A certificate of occupancy shall not be issued
for any use listed below unless the city council has approved a specific
use permit in accordance with the provisions of this section. A specific
use permit shall be required for the following uses:
|
Specific Use
|
District Where Permitted
|
|---|---|
|
Alcohol Sales if they comprise more than percent of business
revenues
|
"C-3"
|
|
Alcohol Sales (subject to subsection G)
|
"C-2"
|
|
Antenna (over 60 feet in height)
|
Any
|
|
Eight-Liner Arcades
|
"C-3"
|
|
Stables/Aviaries
|
"CF"
|
|
Telecommunications and Antenna Towers which do not meet the
requirements of Section 24.C.2 or of Section 22 hereof.
|
"C-1," "C-2," "C-3," "I"
|
|
Temporary concrete batching plant
|
Any
|
|
Utility Facility
|
"CF" or "I"
|
C.
APPLICATION PROCEDURE.
A person shall file an application
for a specific use permit with the city administrator on a form prepared
by the city. The application shall be accompanied by a site plan meeting
the requirements of Section 25, which along with the application,
will become a part of the specific use permit, if approved.
D.
PROCESSING FEE.
A person making application for a specific
use permit shall pay a fee in an amount determined and as from time-to-time
approved by the city council.
The procedure for amendment of a specific use permit shall be
the same as for a new application; provided, however, that the zoning
administrator approve minor variations from the approved site plan
in accordance with City Codes and Ordinances.
E.
PUBLIC HEARINGS.
The application and approval process
for a specific use permit or revocations thereof shall be the same
as for zoning amendments under Section 29.
F.
FACTORS TO BE CONSIDERED.
In granting or denying an
application for a specific use permit, the city council shall take
into consideration the following factors:
1.
Safety of the motoring public and of pedestrians using the facility
and the area immediately surrounding the site.
2.
Safety from fire hazard, and measures for fire control.
3.
Protection of adjacent property from flood or water damage.
4.
Noise or odor producing elements; and glare of vehicular and stationary
lights and effect of such lights on established character of the neighborhood.
5.
Location, lighting and type of signs, and relation of signs to traffic
control and adverse effect on adjacent properties.
6.
Street size and adequacy of pavement width for traffic and reasonably
expected to be generated by the proposed use around the site and in
the immediate neighborhood.
7.
Adequacy of parking, as determined by requirements of this Ordinance
for off-street parking facilities for similar uses; location of ingress
and egress points for parking and off-street loading spaces.
8.
Compatibility with existing or permitted uses on adjacent properties,
as relates to building height, bulk, scale, open spaces and landscaping.
9.
Such other means as will secure and protect the public health, safety,
morals and general welfare.
G.
SPECIFIC USE PERMITS FOR CERTAIN USES.
1.
The city council shall consider the following factors in determining
whether to issue a specific use permit for an antenna or tower:
a.
Height of the proposed tower.
b.
Capability of the tower to structurally accommodate the number
of shared users proposed by the applicant as certified by a licensed
professional engineer.
c.
Proximity of the tower to residential structures and residential
district boundaries.
d.
Nature of uses on adjacent and nearby properties.
e.
Surrounding topography.
f.
Surrounding tree coverage and foliage.
g.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
h.
Proposed ingress and egress.
i.
Availability of suitable existing towers and other structures.
j.
Compliance with this section and other applicable ordinances
of the city.
2.
The applicant for a specific use permit for an eight-liner arcade
shall submit the following with its application:
a.
Business name;
b.
Business type;
c.
Business address;
d.
Whether applicant has been convicted of any crime directly related
to the business and, if yes, the nature of the offense, date and location
of the conviction, and penalty received;
e.
Total number of eight liner machines located in the business;
f.
Name, type, make or manufacturer, and serial number of each
eight-liner machine located in the business;
g.
Total floor area of the business; and
h.
Total floor area open to customers for the operation of eight
liners.
3.
The sale of alcoholic beverages in a "C-2" District may be authorized
pursuant to a specific use permit. The following are minimum conditions
which must be included in a specific use permit for the sale of alcoholic
beverages in a "C-2" District:
a.
One parking space is required for every three seats or for every
100 square feet of floor area, whichever is greater.
b.
All sales must be within permanent walls of the establishment
covered by a roof.
c.
All required state licenses or permits must be valid and in
effect.
d.
The sale of alcoholic beverages is prohibited in a place of
business that is within 300 feet of a church, public or private school,
day-care facility or public hospital. Measurement of the distances
shall be calculated as provided by the Texas Alcoholic Beverage Code.
e.
The permit holder will erect a masonry or steel fence of a height
not less than six feet nor greater than eight feet between property
permitting the sale of alcohol and the property zoned or used for
a residential use.
f.
The establishment must be in compliance with applicable buildings
codes.
g.
A specific use permit will terminate upon change of ownership
of the holder of the specific use permit and the permit is not transferable.
h.
A permit holder shall notify the City of the expiration or termination
of any license or permit issued by the Alcoholic Beverage Commission
for the property.
i.
For establishments with on-premises consumption only, the following
apply:
i.
The establishment must be at least 4,000 square feet in size
except for Restaurants.
ii.
The primary use of the business must be other than the sale
of alcoholic beverages (for example: restaurants) and the establishment
shall not derive more than 30% of its gross revenue from the on-premises
sale of alcoholic beverages. (The City may require an audit of the
accounts of an establishment to determine whether the establishment
is in compliance with this provision.)
iii.
No outside consumption of alcoholic beverages is permitted.
j.
For establishments with off-premises consumption only, the following
apply:
i.
The establishment must be at least 2,000 square feet in size.
ii.
The primary use of the business must be other than the sale
of alcoholic beverages (for example: grocery or convenience stores)
and the establishment shall not derive more than 30% of its gross
revenues from the sale of alcoholic beverages. (The City may require
an audit of the accounts of an establishment to determine whether
the establishment is in compliance with this provision.)
iii.
No on-premises consumption of alcoholic beverages is permitted.
k.
No signs advertising or depicting alcohol or tobacco shall be
visible from the right-of-way.
l.
No amplified music or loudspeakers outside the building is permitted.
m.
Upon evaluation of the factors listed in subsection G hereof,
the City Council may impose additional restrictions to protect adjacent
properties from the impact of the special use.
H.
ADDITIONAL CONDITIONS.
In authorizing a specific use
permit, the planning and zoning commission may recommend and the city
council may impose additional reasonable conditions necessary to protect
the public interest and welfare of the community, including a time
period for which a specific use permit is valid.
I.
J.
REVOCATION.
A specific use permit may be revoked or
modified, after notice to the property owner and a hearing before
the city council, for either of the following reasons:
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
The purpose of this section is to:
1.
Establish regulations for the siting of towers and antennas;
2.
Encourage the location of towers in nonresidential areas and minimize
the total number of towers throughout the community;
3.
Encourage the joint use of new and existing towers sites;
4.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
5.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas;
and
6.
Enhance the ability of the providers of telecommunications services
to provide services to the community quickly, effectively, and efficiently.
B.
Alternative Tower Structure.
Antenna.
FAA.
FCC.
Height.
Tower.
DEFINITIONS.
As used in this section, certain terms
and words are defined as follows:
Manmade trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending or receiving or electromagnetic
waves.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if the highest point is an antenna.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
similar structures.
C.
APPLICABILITY.
1.
The requirements of this section govern the location of towers that
exceed, and antennas that are installed at a height in excess of,
the height limitations specified for the zoning district in which
the tower or antenna is to be located.
2.
Exemptions. Except for the requirements of subsections I.7 and 8,
this Section does not apply to:
a.
Antennas or towers located on property owned, leased, or otherwise
controlled by the city; provided, a license or lease authorizing the
antenna or tower has been approved by the city council;
b.
A tower, or the installation of any antenna, that is under 60 feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive only antennas;
or
c.
A tower or antenna for which a permit has been properly issued prior
to the effective date of this section, which is referred to in this
section as a "pre-existing tower" or "pre-existing antenna."
D.
PRINCIPAL OR ACCESSORY USE.
Antennas and towers may
be considered either principal or accessory uses. A different existing
use or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on the lot. For purposes of determining
whether the installation of a tower or antenna complies with district
regulations, including but not limited to set-back requirements, lot-coverage
requirements, and other similar requirements, the dimensions of the
entire lot control, even though the antenna or tower may be located
on a leased parcel within the lot. Towers that are constructed and
antennas that are installed, in accordance with the provisions of
this section shall not be deemed to constitute the expansion of a
nonconforming use or structure.
E.
ANTENNAS REQUIRING ADMINISTRATIVE APPROVAL.
The mayor
may approve following antennas after an administrative review:
1.
Installation of an antenna on an existing structure other than a
tower (such as a building, sign, light pole, water tower, or other
freestanding nonresidential structure) that is less than 50 feet in
height, so long as the addition does not add more than 20 feet to
the height of the existing structure.
2.
Installation of an antenna on an existing tower of any height, including
a pre-existing tower and further including the placement of additional
buildings or other supporting equipment used in connection with the
antenna, so long as the addition of the antenna adds no more than
20 feet to the height of the existing tower.
F.
ADMINISTRATIVE REVIEW.
1.
The mayor may administratively approve the installation of an antenna
in accordance with this Section.
2.
Each applicant for administrative approval shall apply to the mayor,
providing the information set forth in subsection H.
3.
The mayor shall respond to each application within 30 days after
receiving it by either approving or denying the application. If the
mayor fails to respond to the applicant within 30 days, then the application
shall be deemed approved.
4.
If an administrative approval is denied, the applicant may appeal
the denial to the city council using the procedures for the city council's
consideration of a specific use permit under this section.
G.
TOWERS AND ANTENNAS REQUIRING A SPECIAL USE PERMIT.
H.
INFORMATION REQUIRED IN AN APPLICATION.
1.
Each applicant requesting administrative approval under this section
or a specific use permit under Section 23A shall submit:
a.
A scaled site plan and a scaled elevation view and other supporting
drawings, calculations, and other documentation, signed and sealed
by appropriate licensed professionals, showing the location and dimensions
of all improvements, including information concerning topography,
radio frequency coverage, tower height requirements, setbacks, drives,
parking, fencing, landscaping, and adjacent users;
b.
An inventory of the applicant's existing towers that are either
within the city or within one-quarter mile of the boundary of the
city, including specific information about the location, height, and
design of each tower (The city may share this information with other
applicants for administrative approvals or special use permits under
this section or other organizations seeking to locate antennas within
the city; provided, however, that the city is not, by sharing such
information, in any way representing or warranting that the sites
are available or suitable); and
c.
Other information determined by the city council to be necessary
to assess compliance with this section.
2.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical shall be certified by a licensed
professional engineer.
I.
REQUIREMENTS FOR THE INSTALLATION OF TOWERS AND ANTENNAS.
1.
Availability of Suitable Existing Towers or Other Structure.
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the city council that no existing
tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist
of any of the following:
a.
No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements;
b.
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements;
c.
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment;
d.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause electromagnetic
interference with the applicant's proposed antenna;
e.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable; or
f.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
2.
Setbacks and Separation.
The following setbacks and
separation requirements shall apply to all towers:
a.
Towers must be set back a distance equal to the height of the tower
from any off-site residential structure;
b.
Towers, guys, and accessory facilities must satisfy the minimum zoning
district setback requirements; and
c.
Towers over 90 feet in height shall not be located within one-quarter
of a mile from any existing tower that is over 90 feet in height.
Distances shall be measured in a straight line between the nearest
points on the bases of the towers.
|
The city council may reduce the setbacks and separation requirements
if the purposes of this section would be better served thereby.
|
4.
Security Fencing.
Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anti-climbing device.
5.
Landscaping.
The following requirements shall govern
the landscaping surrounding towers.
a.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from adjacent
residential property. The standard buffer shall consist of a landscaped
strip at least four feet wide outside the perimeter of the compound;
b.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived; and
c.
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
6.
Visual Characteristics.
a.
Towers shall be maintained with either a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color, so as to reduce visual obtrusiveness.
b.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, be maintained with materials, color,
textures, screening, and landscaping that will blend the tower facilities
to the natural setting and built environment.
c.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
d.
Towers shall not be artificially lighted, unless required by the
FAA or other applicable authority. If lighting is required, the city
may review the available lighting alternatives and approve the design
that would cause the least disturbance to the surrounding views.
7.
Federal Requirements.
All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the federal government with the authority to regulate towers
and antennas. If applicable federal standards and regulations are
changed, then the owners of the towers and antennas governed by this
section shall bring the towers and antennas into compliance with the
revised standards and regulations within six months of the effective
date of the standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
8.
Building Codes; Safety Standards.
To ensure the structural
integrity of towers, the owner of a tower shall construct and maintain
the tower in compliance with standards contained in applicable local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time-to-time.
If upon inspection, the city concludes that a tower fails to comply
with these codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring the tower into compliance with
the standards. If the owner fails to bring the tower into compliance
within 30 days, the city may remove the tower at the owner's
expense.
9.
Removal of Abandoned Antennas and Towers.
Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of the antenna or tower
shall remove it within 90 days of receipt of notice from the city
notifying the owner of the abandonment. If the antenna or tower is
not removed within the 90 days, the city may remove the antenna or
tower at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower.
10.
Administrative Approval.
No new permit for the
installation of a Tower shall be permitted unless the Application
is approved by a majority vote of the City Council following a Public
hearing and notice as follows:
a.
All property owners within 200-feet of the property requesting
to install a tower must be notified in writing at least 10-days prior
to the date of the scheduled public hearing of the applicant's
request and of the date, time, and location of the public Hearing
scheduled for the request.
b.
Legal publication in the official city newspaper is required
at least 10-days prior to the date of the Public Hearing providing
notice of the applicant's request and of the date, time, and
location of the public Hearing scheduled for the request.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
GENERAL.
The requirements set forth in this section
shall govern the approval of all site plans required by this Ordinance
unless otherwise provided in this Ordinance. If any conflict exists
between the language contained in this section regarding site plan
requirements and any other ordinance of the city, the more stringent
requirements shall apply.
B.
APPLICATION.
1.
An approved site plan is required as a condition for approval of
an application for a zoning amendment for a multiple-family, a commercial
or light industrial use.
2.
A person is required to submit a site plan for new construction,
and expansions amounting to 50 percent or more of the existing main
structure in all commercial, industrial, and multiple-family zoning
districts.
3.
A written application for site plan approval shall be filed with
the zoning administrator on forms prepared by the city. The application
shall be signed by the property owner and shall be accompanied by
a sufficient number of copies (as determined by the zoning administrator)
of all conceptual or graphical representations required herein, in
a size sufficient to clearly show all information required, and a
copy reduced to 8-1/2 inches x 11 inches, and two copies of all written
documents.
4.
A person is required to submit a site plan for approval of Accessory
Buildings to be constructed and for expansions in excess of 25% of
the accessory building size in all Multifamily, commercial, Industrial
and Planned Zoning Districts.
C.
CONTENT OF SITE PLAN.
A site plan shall include all
of the following information in graphic representation or written
documents as appropriate, and shall be prepared by a registered architect,
registered engineer, registered surveyor, or a registered landscape
architect and shall adhere to the design standards contained in subsection
H (Design Standards):
1.
Acceptable scale: 1 inch = 20 feet, 1 inch = 40 feet, 1 inch = 100
feet or as approved.
2.
North arrow, graphic and written scale in close proximity.
3.
Vicinity map indicating the area in which the property is located.
4.
Appropriate title, e.g. "SITE PLAN FOR ZONING REQUEST," including
project name, City, County, State, gross acreage and date of preparation.
5.
Provide name and address of owner and/or applicant.
6.
Provide name, address, and phone of firm who prepared the plan.
7.
Legal description and a survey or plat certified by a registered
professional land surveyor showing boundary dimensions, bearings,
and existing easements.
8.
Representation of proposed uses and generalized representation of
proposed improvements.
9.
Representation of points of connection to public rights-of-way.
10.
Approximate extent of existing tree cover.
11.
Screening and landscaping plan shall be required where such treatment
is essential to the proper arrangement of the development. Such plan
when required should include screening walls, ornamental planting,
lawns and gardens, playgrounds, and wooded areas that are to be retained.
12.
Other information the applicant and/or owner might wish to include.
13.
Such other information as may reasonably be required by the zoning
administrator, planning and zoning commission or the city council.
14.
Metes and bounds labeled on property boundary.
15.
R.O.W. on or adjacent to the site labeled and dimensioned, adjacent
street widths shown.
16.
Adjacent property labeled with owner's name, existing zoning,
land use map designation.
17.
Designation of the location and size of all points of ingress/egress
to the site.
18.
All pedestrian walks, malls and open areas for use by tenants or
the public.
19.
The location, type and height of all wall, fences, and screening
devices.
20.
Site Data Summary Chart (by phase and in total) to include the following
terms:
a.
Existing zoning of the tract and any proposed zoning;
b.
Gross acreage and net acreage of the project;
c.
Number of proposed lots;
d.
Residential density (where applicable);
e.
Percentage of site coverage;
f.
Anticipated schedule of development;
g.
Parking and loading spaces required and provided;
h.
Area of open space;
i.
Open space as a percentage; and
j.
Outside storage as a percentage.
21.
The following information related to existing or proposed buildings:
23.
Front, rear and side building lines shown.
24.
Location, size, height, type and orientation of signs, lighting luminaries
and exterior auditory speakers.
25.
The location of all on-site facilities for liquid and solid waste
temporary storage pending disposal or any proposed septic fields.
26.
Location of all trash dumpsters.
27.
The types of surfacing, such as paving (for example, asphalt, concrete,
brick), turfing or gravel, to be used at the various locations.
28.
Easements on or adjacent to the site labeled and dimensioned.
29.
Nearest fire hydrant dimensioned to property corner and any proposed
fire hydrants shown.
30.
The fire lane width must be designated with all curb radii adjacent
to the fire lane labeled.
31.
The proposed finished grade of the site, shown to contour intervals
not exceeding two feet. Spot elevations must be shown at all critical
points, including but not limited to edges of pavement, curb returns,
building corners, drainage paths, etc. Included must be directional
flow arrows in all flow lines, and all existing drainage structures
labeled with size, type and flow line elevation. Also show centerline
of water courses and existing drainage easements.
32.
Note the benchmark used for the topographical information shown.
This should correspond to a city-approved benchmark.
33.
Intended category of uses labeled.
34.
Show any areas intended for outside storage and method of screening.
35.
All public utilities onsite and within 100 feet of the site.
D.
REVIEW OF SITE PLAN.
1.
In granting or denying an application for a site plan approval, the
zoning administrator, the planning and zoning commission and the city
council, as appropriate, shall take into consideration the following
factors.
a.
Safety of the motoring public and of pedestrians using the facility
and the area immediately surrounding the site;
b.
Safety from fire hazards, and measures of fire control;
c.
Protection of adjacent property from floodwater damage;
d.
Noise producing elements, and glare of vehicular and stationary lights
and the effect of such lights on the established character of the
neighborhood;
e.
Location, lighting and type of signs; relation of signs to traffic
control and the adverse effect on adjacent properties;
f.
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;
g.
Adequacy of parking, as determined by requirements of this Ordinance
for off-street parking facilities; location of ingress/egress points
for parking and off-street loading spaces; and protection of public
health by all-weather surfacing on all parking areas to control dust;
and
h.
Such other measures as will secure and protect public health, safety,
morals and general welfare.
E.
IMPROVEMENTS.
All development, redevelopment, and improvements
to planned development, multifamily, commercial, and industrially
zoned land and all buildings and construction on the land shall be
in accordance with the site plan approved in compliance with this
section.
F.
ADMINISTRATIVE ACTION.
On approval of the site plan
by the city council all necessary permits or certificates authorized
thereby may be issued.
1.
Subsequent to such approval, the zoning administrator may authorize
minor changes when the minor changes will not cause any of the following
circumstances to occur:
a.
A change in the character of the development;
b.
An increase in the ratio of the gross floor areas in structures to
the area of any lot;
c.
An increase in the intensity of use;
d.
A reduction in the originally approved separations between buildings;
e.
An increase in the problems of circulation, safety, and utilities;
f.
An increase in the external effects on adjacent property;
g.
A reduction in the originally approved setbacks from property lines;
h.
An increase in ground coverage by structures;
i.
A reduction in the ratio of off-street parking and loading space
to gross floor area in the structures; and/or
j.
A change in the subject, size, lighting, flashing, animation or orientation
of originally approved signs.
2.
Any proposed amendment to a site plan which in the opinion of the
zoning administrator does not meet the criteria of subsection F.1.
above may only be approved by the city council after a recommendation
by the planning and zoning commission.
G.
CONFLICT WITH OTHER REQUIREMENTS.
If any conflict exists
between the language contained herein regarding site plan requirements
and any site plan ordinance of the City, the more stringent requirements
shall apply.
H.
DESIGN STANDARDS.
The North Central Texas Council of
Government's (NCTCOG's) "Standard Specifications for Public
Works Construction," as amended, are hereby adopted as the standards
by which all on-site and off-site improvements are to be constructed,
when required. In the event of a conflict between the Building Code
and the NCTCOG Specifications, the former shall be controlling.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
INTENT.
It is the intent of this section to preserve
the effect of the zoning regulations restricting the sale of alcoholic
beverages that were adopted by the city before June 11, 1987. In accordance
with section 109.57 of the Texas Alcoholic Beverage Code, these restrictions
are not preempted and are valid even though they may impose more strict
standards on businesses required to have a license or permit under
the Alcoholic Beverage Code than are imposed on similar businesses
that are not required to have such a license or permit. On June 11,
1987, subject to certain restrictions, alcoholic beverages could be
sold in the "G-2" Zoning District. This Ordinance re-designates the
"G-2" Zoning District as the "C-3" Zoning District, and provides less
restrictive conditions for the sale of alcoholic beverages in the
"C-2" District, where the sale of alcoholic beverages was not permitted
on June 11, 1987.
B.
WHERE PERMITTED; SPECIAL USE PERMIT.
1.
Alcoholic beverage sales are permitted in "C-3" Commercial Districts
as follows:
a.
No specific use permit required for the following uses:
i.
Restaurant where less than 75 percent of the gross revenues
are derived from the sale of alcoholic beverages. On-premises consumption
only; and
ii.
Food sales stores (grocery or convenience stores) where less
than 75 percent of the gross revenues are the sale of alcoholic beverages,
and other commodities, such as gasoline. Off-premises consumption
only.
b.
A specific use permit is required if alcoholic beverage sales comprise
more than 75 percent of an establishment's gross revenue.
c.
The city may require an audit of the accounts of an establishment
to determine whether the establishment is in compliance with this
Section.
d.
The process for requesting a special use permit is governed by Section
23A.
2.
Alcoholic beverage sales are permitted in "C-2" Commercial District
if the city council, in its discretion, issues a specific use permit
and the following conditions, at a minimum, are met:
a.
One parking space is required for every three seats or for every
100 square feet of floor area, whichever is greater.
b.
All sales must be within permanent walls of the establishment covered
by a roof.
c.
All required state licenses or permits must be valid and in effect.
d.
The sale of alcoholic beverages is prohibited in a place of business
that is within 300 feet of a church, public or private school, day-care
facility or public hospital. Measurement of the distances shall be
calculated as provided by the Texas Alcoholic Beverage Code.
e.
The permit holder will erect a masonry or steel fence of a height
not less than six feet nor greater than eight feet between property
permitting the sale of alcohol and the property zoned or used for
a residential use.
f.
The establishment must be in compliance with applicable buildings
codes.
g.
A specific use permit will terminate upon change of ownership of
the holder of the specific use permit and the permit is not transferable.
h.
A permit holder shall notify the City of the expiration or termination
of any license or permit issued by the Alcoholic Beverage Commission
for the property.
i.
For establishments with on-premises consumption only, the following
apply:
i.
The establishment except for Restaurants must be at least 4,000
square feet in size.
ii.
The primary use of the business must be other than the sale
of alcoholic beverages (for example: restaurants) and the establishment
shall not derive more than 30% of its gross revenue from the on-premised
sale of alcoholic beverages. (The City may require an audit of the
accounts of an establishment to determine whether the establishment
is in compliance with this provision.)
iii.
No outside consumption of alcoholic beverages is permitted.
j.
For establishments with off-premises consumption only, the following
apply:
i.
The establishment must be at least 2,000 square feet in size.
ii.
The primary use of the business must be other than the sale
of alcoholic beverages (for example: grocery or convenience stores)
and the establishment shall not derive more than 30% of its gross
revenues from the sale of alcoholic beverages. (The City may require
an audit of the accounts of an establishment to determine whether
the establishment is in compliance with this provision.)
iii.
No on-premises consumption of alcoholic beverages is permitted.
k.
No signs advertising or depicting alcohol or tobacco shall be visible
from the right-of-way.
l.
No amplified music or loudspeakers outside the building is permitted.
m.
Upon evaluation of the factors listed in Section 23A.G hereof, the
City Council may impose additional restrictions to protect adjacent
properties from the impact of the special use.
C.
ADDITIONAL LOCATION REQUIREMENTS.
Except for a business
selling alcohol pursuant to a specific use permit, which shall be
governed by Section 23A.G. hereof, the sale of alcoholic beverages
is prohibited in a place of business that is within 300 feet of a
church, public or private school, day-care facility or public hospital.
Measurement of the distances shall be calculated as provided by the
Texas Alcoholic Beverage Code.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE.
It is the purpose of this section to regulate
adult entertainment facilities to promote the health, safety, morals,
and general welfare of the citizens of the city, and to establish
reasonable and uniform regulations to prevent the concentration of
adult entertainment facilities within the city. The provisions of
this section have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect
of this section to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment of the United States Constitution
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.
B.
Adult Arcade.
Adult Bookstore, Adult Video Store, or Adult Novelty Store.
a.
b.
Adult Cabaret.
a.
b.
c.
Adult Entertainment Facility.
a.
b.
c.
i.
ii.
iii.
iv.
Adult Motel.
a.
b.
c.
Adult Motion-Picture Theater.
Adult Service Establishment.
Adult Theater.
Chief of Police.
Church or Synagogue.
Customer.
a.
b.
c.
Employee.
Escort.
Escort Agency.
"He".
Licensed Day-Care Center.
Licensee.
Massage.
Nude Model Business.
Nudity or a State of Nudity.
Operated or Causes to be Operated.
Person.
Principal.
Regularly.
Residential District.
Residential Use.
Semi-nudity.
Sex Parlor.
Sexual Encounter Center.
Simulated Nudity.
Specified Anatomical Areas.
Specified Sexual Activities.
a.
b.
c.
d.
DEFINITIONS.
As used in this section, certain terms
and words are defined as follows:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas."
A commercial establishment, which as its principal business
purpose offers for sale or rental for any form of consideration any
one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, or video reproductions, slides,
objects, or other visual representations which depict or describe
"specified sexual activities" or "specified anatomical areas"; or
Instruments, devices, or paraphernalia which are designed or
manufactured for use in connection with "specified sexual activities."
This does not include items used for birth control or for prevention
of sexually transmitted diseases.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity, semi-nudity, or simulated
nudity; or
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities";
or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas."
An adult arcade, adult bookstore, or adult video store, adult
novelty store, adult service establishment, adult cabaret, adult motel,
adult theater, adult motion-picture theater, escort agency, nude model
business, sex parlor, or sexual encounter center; and/or
Any establishment whose principal business is the offering of
a service or the selling, renting, or exhibiting of devices or any
other items intended to provide sexual stimulation or sexual gratification
to its customers, and which is distinguished by or characterized by
an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas; or whose employees
or customers appear in a state of nudity, semi-nudity, or simulated
nudity.
The term "adult entertainment facility" shall not be construed
to include:
Any business operated by or employing licensed psychologists,
licensed physical therapists, registered massage therapists, registered
nurses, licensed athletic trainers;
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts;
Any retail establishment whose principal business is the offering
of wearing apparel for sale to customers and does not exhibit merchandise
of live models; or
Any activity conducted or sponsored by a Texas independent school
district, licensed or accredited private school, or public or private
college or university.
A hotel, motel, or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas"; and has a sign
visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photograph
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
A commercial establishment which as its principal business
purpose offers services or sells products to customers and in which
one or more of the employees or the customer appears in a state of
nudity, semi-nudity, or simulated nudity.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity, semi-nudity, or simulated nudity, or live performances
which are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
The chief of police of the city or the chief's designated
representative.
A building, whether situated within the city or not, in which
persons regularly assemble for religious worship intended primarily
for purposes connected with such worship or for propagating a particular
form of religious belief.
Any person who:
Is allowed to enter an adult entertainment facility in return
for the payment of an admission fee or any other form of consideration
or gratuity; or
Enters an adult entertainment facility or purchases, rents,
or otherwise partakes of any merchandise, goods, entertainment, or
other services offered therein; or
Is a member of and on the premises of an adult entertainment
facility operating as a private club.
Any person who renders any service whatsoever to the customers
of an adult entertainment facility or who works in or about an adult
entertainment facility and who receives compensation for such service
or work from the operator or owner of the adult entertainment facility
or from its customer.
A person whom, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as its principal business
purpose, for a fee, tip, or other consideration.
Shall be defined to include the word "she."
A facility licensed by the State of Texas that provides care,
training, education, custody, treatment, or supervision for more than
12 children under the age of 14, where the children are not related
by blood, marriage, or adoption to the owner or operator of the facility,
for less than 24 hours a day.
A person in whose name a license to operate an adult entertainment
facility has been issued, as well as any and all individuals listed
as applicants on the application for a license.
Any method of treating the superficial parts of a customer
for medical, hygienic, exercise, or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands, feet, or any other instrument.
Any place where a person who appears in a state of nudity,
semi-nudity, or simulated nudity or displays "specified anatomical
areas" is provided or allowed to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons who
pay money or any form of consideration.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated an adult entertainment
facility whether or not that person is an owner, part owner, licensee,
or manager of the establishment.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Over 35 percent of customers, volume of sales, stock in trade,
display areas, or presentation time in any three-month increment period
beginning from the date of issuance of a certificate of occupancy.
Stock in trade shall be measured with all titles or objects available
on the premises for sale or rental including those that are identical
considered a separate title or object.
Featuring, promoting, or advertising a happening or occurrence
on a recurring basis.
A district zoned for residential uses.
A single-family, mobile home, manufactured home, industrialized
housing, or multiple-family dwelling as defined in this Zoning Ordinance
of the City of River Oaks.
A state of dress in which opaque clothing covers no more
than the genitals, public region, buttocks, and areola of the female
breast, as well as parts of the body covered by supporting straps
or devices.
An establishment that is operated for the purpose of giving
massages, at the establishment or on a home-call basis, that are intended
to provide sexual stimulation or sexual gratification in combination
with a massage.
A business or commercial enterprise that, as its principal
business purpose, offers for any form of consideration:
A state of dress in which any device or covering is worn
or exposed to view that simulates any part of the genitals, buttocks,
anus, pubic region, or areola of the female breast.
Human genitals in a state of sexual arousal.
Means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, pubic hair, perineum, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy, or bestiality;
Masturbation, actual or simulated; or
Excretory functions.
C.
LOCATION OF ADULT ENTERTAINMENT FACILITIES.
1.
A person commits an offense if he establishes, operates, or causes
to be operated or expanded, an adult entertainment facility within
1,000 feet, without regard to city boundaries, of:
2.
A person commits an offense if he establishes, operates, or causes
to be operated, an adult entertainment facility within 1,000 feet
of any other adult entertainment facility, without regard to city
boundaries.
3.
A person commits an offense if he establishes, operates, or causes
to be operated, an adult entertainment facility in any building structure
or portion thereof containing another adult entertainment facility.
4.
For the purposes of subsection C.1 of this section, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as tenant space occupied for an adult entertainment facility
to the nearest property line of the premises of a residential use,
church, synagogue, public or private elementary or secondary school,
licensed day-care center, public library, or to the nearest boundary
of a public park, residential district, or residential lot.
5.
For purposes of subsection C.2 of this section, the distance between
any two adult entertainment facilities shall be measured in a straight
line, without regard to intervening structures or objects, from the
closest exterior wall of the structure in which each business is located
or from the wall of the tenant space occupied as applicable.
6.
Any adult entertainment facility lawfully operating on the effective
date of this section that is in violation of the location requirements
of subsections C.1 or C.2 shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue for a period not to
exceed 180 days from the effective date of this section unless sooner
terminated for any reason. A nonconforming use under this subsection
shall not be increased, enlarged, extended or altered except that
the use may be changed to a conforming use. If two or more adult entertainment
facilities are within 1,000 feet of one another and otherwise in a
permissible location, the adult entertainment facility which was first
established and continually operating at a particular location is
the conforming use and the later-established business is nonconforming.
7.
A person operating an adult entertainment facility that is a nonconforming
use who believes that 180 days, when added to previous time in operation,
is not sufficient time to amortize the investment the person has in
the business, may apply to the board of adjustment for an extension
of an additional 180 days. In order to give the board of adjustment
time to adequately consider the application, the person must file
the appeal with the city secretary within 90 days of the effective
date of this section. The city council shall call a public hearing
at which the board shall hear evidence from interested parties. The
decision of the board is final.
8.
An adult entertainment facility lawfully operating as a conforming
use is not rendered a nonconforming use by the location, subsequent
to the grant or renewal of the adult entertainment facility license,
of a church, synagogue, public or private elementary or secondary
school, licensed day-care center, public park, public library, residential
district or a residential lot within 1,000 feet of the adult entertainment
facility. This provision applies only to the renewal of a valid license
and does not apply when an application for a license is submitted
after a license has expired or has been revoked.
D.
LICENSE REQUIRED.
1.
A person commits an offense if he operates or causes to operate an
adult entertainment facility without a valid license, issued by the
city for the particular type of business.
2.
An application for a license must be made on a form provided by the
chief of police. The application must be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement
of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six inches.
3.
The applicant must be qualified according to the provisions of this
section.
4.
If a person who wishes to operate an adult entertainment facility
is an individual, he must sign the application for a license as applicant.
If a conviction is being appealed it shall have no effect on the denial
of a license.
5.
If the person who wishes to operate an adult entertainment facility
is other than an individual, each individual who has a 20 percent
or greater interest in the business must sign the application for
a license as applicant. Each applicant must be qualified under subsection
F and each applicant shall be considered a licensee if a license is
granted.
6.
The fact that a conviction of the applicant or applicant's spouse
is being appealed shall have no effect on the disqualification.
E.
LICENSE APPLICATION.
1.
Any person desiring to obtain an adult entertainment facility license
shall make application on a form provided by the chief of police or
his designee.
2.
All applications for a license under this section shall be accompanied
by a nonrefundable application fee of $500.00. An application shall
not be considered to have been filed until the fee is paid and all
information required by the application form has been submitted.
F.
LICENSE ISSUANCE.
1.
The chief of police shall approve the issuance of a license to an
applicant within 30 days after receipt of an application unless the
chief of police finds one or more of the following to be true:
a.
The location of the adult entertainment establishment is or would
be in violation of subsection C;
b.
The applicant failed to supply all of the information requested on
the application;
c.
The applicant gave false, fraudulent, or untruthful information on
the application;
d.
An applicant is under 18 years of age;
e.
An applicant or an applicant's spouse is overdue in payment
to the city of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant or the applicant's spouse in relation
to an adult entertainment facility;
f.
An applicant or an applicant's spouse has been convicted of
a violation of a provision of this section, other than the offense
of operating an adult entertainment facility without a license, within
two years immediately preceding the application. The fact that a conviction
is being appealed shall have no effect on the denial of a license;
g.
The required application or renewal fee has not been paid;
h.
The applicant has not demonstrated that the owner of the sexually
orientated business owns or holds a lease for the property or the
applicable portion thereof upon which the sexually orientated business
will be situated or has a legally enforceable right to acquire the
same;
i.
An applicant or the proposed establishment is in violation of or
is not in compliance with subsection G or L of this Section 27;
j.
An applicant or an applicant's spouse has been convicted of
a crime:
i.
Involving:
(a)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
(c)
Sexual assault or aggravated sexual assault as described in
chapter 22 of the Texas Penal Code;
(d)
Incest, solicitation of a child or harboring a runaway child
as described in chapter 25 of the Texas Penal Code;
(e)
Possession or distribution of a controlled substance; or
(f)
Criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses:[;]
ii.
For which:
(a)
Less than two years have elapsed since the date
of conviction, or the date of release from the terms of probation,
parole, or deferred adjudication, or the date of release from confinement
imposed for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
(b)
Less than five years have elapsed since the date
of conviction, or the date of release from the terms of probation,
parole, or deferred adjudication, or the date of release from confinement
for conviction, whichever is the later date, if the conviction is
a felony offense; or
(c)
Less than five years have elapsed since the date
of the last conviction or the date of release from confinement for
the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period;
2.
An applicant who has been convicted or whose spouse has been convicted
of an offense listed in subsection F.1.j.i. may qualify for an adult
entertainment facility license only when the time period required
by subsection F.1.j.ii. has elapsed.
3.
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, and
the address of the adult entertainment facility.
4.
The license shall be posted in a conspicuous place at or near the
entrance to the adult entertainment facility so that it may be easily
read at any time.
G.
INSPECTION AND MAINTENANCE OF RECORDS.
1.
An applicant or licensee shall permit representatives of the police
department, health department, fire department, and building inspections
division to inspect the premises of an adult entertainment facility
for the purpose of ensuring compliance with the law, at any time during
the 30-day application period or after it is occupied or open for
business.
2.
A person who operates an adult entertainment facility or his agent
or employee commits an offense if he operates the establishment without
maintaining a current list of all employees employed by the business,
along with a complete updated application. A valid driver's license,
state identification card, or passport, all with a photo, shall be
required for all employment applications.
3.
A person who operates an adult entertainment facility or his agent
or employee commits an offense if he refuses to permit a lawful inspection
of the premises by a representative of the police department, health
department, fire department, or building inspections division at any
item during the 30-day application period or after it is occupied
or open for business.
4.
The provisions of this section do not apply to areas of an adult
motel which are currently being rented by a customer for use as a
permanent or temporary habitation.
H.
EXPIRATION OF LICENSE.
1.
Each license shall expire one year from the date of issuance.
2.
A license may be renewed by submission to the chief of police or
his designee of an application on the form prescribed by the chief
of police and payment of a nonrefundable renewal processing fee of
$500.00.
3.
Application for renewal shall be made at least 30 days before the
expiration date of the license. When application is made less than
30 days before the expiration date, the new expiration date will not
be affected.
I.
SUSPENSION.
1.
The chief of police shall suspend a license for a period not to exceed
30 days if he determines that a license or an employee of a licensee
has:
a.
Violated or is not in compliance with subsections C, G.2, or L of
this section;
b.
Engaged in public intoxication while on the adult entertainment facility
premises;
c.
Refused to allow an inspection of the adult entertainment facility
premises as authorized by this section; or
d.
Knowingly permitted gambling by any person on the adult entertainment
facility premises.
2.
When the chief of police is authorized to suspend a license under
this section, he shall give the licensee the opportunity to pay a
reinstatement fee of $200.00 rather than have the license suspended.
a.
Payment of this reinstatement fee shall be considered an administrative
admission of the violation. However, this shall not be used as an
admission of guilt in a criminal prosecution under this section.
b.
If the licensee does not pay the reinstatement fee before the expiration
of the third working day after notification, he loses the opportunity
to pay it and the chief of police shall impose the suspension.
c.
Each day in which a violation is permitted to continue shall constitute
a separate cause for suspension.
J.
REVOCATION.
1.
The chief of police shall revoke a license if a cause of suspension
in subsection I occurs and the license has been suspended or a reinstatement
fee paid within the preceding 12 months.
2.
The chief of police shall revoke a license if he determines that:
a.
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
b.
A licensee or an employee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
c.
A licensee or an employee has knowingly allowed prostitution on the
premises;
d.
A licensee or an employee knowingly operated the adult entertainment
facility during a period of time when the licensee's license
was suspended;
e.
A licensee has been convicted of an offense listed in subsection
F.1.j. for which the time period required has not elapsed;
f.
On two or more occasions within a 12-month period, an employee of
the establishment committed in or on the licensed premises an offense
listed in subsection F.1.j for which a conviction has been obtained.
g.
A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact
to occur in or on the licensed premises. The term "sexual contact"
shall have the same meaning as it is defined in section 22.01, Texas
Penal Code; or
h.
A licensee is delinquent in payment to the city for hotel occupancy
taxes, ad valorem taxes, or sales taxes related to the adult entertainment
facility.
3.
The fact that a conviction is being appealed shall have no effect
on the revocation of the license.
4.
Subsection J.2.c does not apply to adult motels as a ground for revoking
the license unless the licensee or employee knowingly allowed the
act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual contact to occur in a public place or within public view.
5.
When the chief of police revokes a license, the revocation shall
continue for one year and the licensee shall not be issued an adult
entertainment facility license for one year from the date revocation
became effective. If, subsequent to revocation, the chief of police
finds that the basis for the revocation has been corrected or abated,
the applicant may be granted a license if at least 90 days have elapsed
since the date the revocation became effective. If the license was
revoked under subsection J.2.e, an applicant may not be granted another
license until the appropriate number of years required under subsection
F.1.j has elapsed.
K.
APPEAL.
1.
If the chief of police is authorized to deny the issuance of a license,
or suspend or revoke a license, the chief of police shall give written
notice to the applicant or licensee or such intention.
a.
The notice shall provide that the denial of issuance, suspension,
or revocation shall take effect at the expiration of the third working
day after notification unless the license provides a written response
to the chief of police before the expiration of the third working
day.
b.
If a written response from the applicant or licensee is received
by the chief of police before the expiration of the third working
day, the suspension denial of issuance or revocation will be stayed
pending a decision by the chief of police. The chief of police shall
review the response before the rendering of a decision.
c.
The chief of police shall give written notice of this decision to
the applicant or licensee.
d.
The decision by the chief of police is effective immediately and
final pending any appeal.
Notice shall be deemed delivered by hand delivery to a licensee,
owner, or employee of the establishment or by a posting of the notice
at the usual business entrance of the establishment. Notice may also
be sent by certified mail, return receipt requested. Such notice shall
be mailed to the address listed in the license application for receipt
of notice.
2.
Upon receipt of written notice of the denial, suspension, or revocation,
the licensee whose application for a license has been denied or whose
license has been suspended or revoked shall have the right to appeal
to an appropriate court.
3.
An appeal to the appropriate court must be filed within 30 days after
the receipt of notice of the decision of the chief of police or decision
of the license appeal board, as applicable.
4.
The licensee or applicant shall bear the burden of proof in court.
L.
TRANSFER OF LICENSE.
1.
A person commits an offense if he transfers his license to another
person or operates an adult entertainment facility under the authority
of a license at any place other than the address designated in the
application.
2.
A person commits an offense if he counterfeits, forges, changes,
defaces, or alters a license.
M.
EXEMPTION FROM LOCATION RESTRICTIONS.
1.
If the chief of police denies the issuance of a license to an applicant
because the location of the adult entertainment facility is in violation
of subsection C, then the applicant may, not later than 10 calendar
days after receiving notice of the denial, file with the city secretary
a written request for an exemption from the location restrictions.
2.
If the written request is filed with the city secretary within the
10-day limit, a license appeal board shall consider the request. The
city secretary shall set a date for the hearing within 60 days from
the date the written request is received.
3.
There is created a license appeal board. It shall have the power
to rule upon the appropriate disposition of applications for exemption
from the location restriction for adult entertainment facilities.
4.
A hearing by the board may proceed only if five of the board members
or alternates are present. The board shall hear and consider evidence
offered by any interested person. The formal rules of evidence do
not apply.
5.
The license appeal board may grant an exemption from the location
restrictions of subsection C if it makes the following findings:
a.
That the location of the adult entertainment facility will not have
a detrimental effect on nearby property or be contrary to the public
safety or welfare;
b.
That the location of the adult entertainment facility will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
c.
That the location of the adult entertainment facility in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any efforts of urban renewal or restoration;
and
d.
That all other applicable provisions of this section will be observed.
6.
In making the findings specified in subsection M, the board shall
take into account among other things:
a.
Crime statistics of the location and its 2,000 foot radius, without
regard to city boundaries, maintained by the appropriate law enforcement
agency for the previous six month period;
b.
Tarrant Appraisal District appraisals for the location and its 2,000
foot radius, without regard to city boundaries, taking into account
any decline or increase in property values;
c.
Vacancy rates of residential, commercial, or office space within
the surrounding 2,000 foot radius, without regard to city boundaries;
and
d.
Any evidence regarding the award or denial of any public or private
grants for neighborhood conservation, urban renewal, or restoration
for any property located within a 2,000 foot radius, without regard
to city boundaries.
7.
The board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote approving the exemption shall result in denial
of the exemption. Disputes of fact shall be decided on the basis of
a preponderance of the evidence. The decision of the license appeal
board is final.
8.
If the board grants the exemption, the exemption is valid for one
year from the date of the board's action. Upon the expiration
of an exemption, the adult entertainment facility is in violation
of the locational restrictions of subsection C until the applicant
applies for and receives another exemption.
9.
If the board denies the exemption, the applicant may not reapply
for an exemption until at least 12 months have elapsed since the date
of the board's action.
10.
The grant of an exemption does not exempt the applicant from any
provisions of this section other that the locational restrictions.
N.
ADDITIONAL REGULATIONS FOR ADULT CABARETS.
1.
An employee of an adult cabaret while appearing in a state of nudity,
semi-nudity, or simulated nudity commits an offense if he touches
a customer or the clothing of a customer.
2.
A customer at an adult cabaret commits an offense if he touches an
employee appearing in a state of nudity, semi-nudity, or simulated
nudity.
3.
A licensee or employee of an adult cabaret commits an offense if
he permits any customer access to an area of the premises not visible
from the manager's station or not visible by a walkthrough of
the premises without entering a closed area, excluding restrooms.
4.
No employee of an adult cabaret may appear in an area of the business
visible to customers unless the employee completely and opaquely covers
his or her genitals, pubic region, and pubic hair; anus; and, if female,
her areolae. In addition, the employee is subject to the requirements
of subsection T.
5.
No licensee, owner, operator, or manager of an adult cabaret shall
permit an employee to violate subsection N.4, above.
6.
A licensee, operator or employee commits an offense if the licensee,
operator or employee appears in a state of nudity or knowingly allows
another to appear in a state of nudity in an area of the adult cabaret
which can be viewed from the public right-of-way.
P.
ADDITIONAL REGULATIONS FOR NUDE MODEL BUSINESSES.
1.
A person commits an offense if he employs at a nude model business
any person under the age of 18 years.
2.
A person under the age of 18 years commits an offense if he appears
in a state of nudity, semi-nudity, or simulated nudity in or on the
premises of a nude model business. It is a defense to prosecution
under this subsection if the person under 18 years was in a restroom
not open to public view or persons of the opposite sex.
3.
A person commits an offense if he appears in a state of nudity, semi-nudity,
or simulated nudity, or knowingly allows another to appear in a state
of nudity, semi-nudity, or simulated nudity, in an area of a nude
model business premises which can be viewed from the public right-of-way.
4.
A person commits an offense if he places or permits a bed, sofa,
or mattress in any room on the premises of a nude model business except
that a sofa may be placed in a reception room open to the public.
5.
A licensee or employee of a nude model business commits an offense
if he permits any customer access to an area of the premises not visible
from the manager's station or not visible by a walkthrough of
the premises without entering a closed area, excluding restrooms.
Q.
ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION-PICTURE
THEATERS.
1.
A person commits an offense if he knowingly allows a person under
the age of 18 years to appear in a state of nudity, semi-nudity, or
simulated nudity in or on the premises of an adult theater or adult
motion-picture theater.
2.
A person under the age of 18 years commits an offense if he knowingly
appears in a state of nudity, semi-nudity, or simulated nudity in
or on the premises of an adult theater or adult motion-picture theater.
3.
It is a defense to prosecution under subsections Q.1 and Q.2 of this
Section if the person under 18 years was in a restroom not open to
public view or persons of the opposite sex.
R.
ADDITIONAL REGULATIONS FOR ADULT MOTELS.
1.
Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttal presumption
that the establishment is an adult motel as that term is defined in
this section.
2.
A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have an adult entertainment facility license, he rents or subrents
a sleeping room to a person and, within 10 hours from the time the
room is rented, he rents or subrents the same sleeping room again.
3.
For purposes of subsection R.2 of this section, the terms "rent"
or "subrent" mean the act of permitting a room to be occupied for
any form of consideration.
S.
REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR
VIDEOS.
1.
A person who operates or causes to be operated an adult entertainment
facility other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
videocassettes, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
a.
Upon application for an adult entertainment facility license, the
application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which customers will not be permitted.
A manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which the permit will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The chief of
police may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was prepared;
b.
The application shall be sworn to be true and correct by the applicant;
c.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the chief of police
or his designee;
d.
The licensee commits an offense if he permits a manager's station
to be unattended by an employee at any time a customer is present
on the premises;
e.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
every area of the premises to which any customer is permitted access
for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any customer is permitted access for any purpose,
excluding restrooms, from at least one of the manager's stations.
The view required in this subsection must be by direct line of sight
from the manager's station;
f.
The licensee commits an offense if he permits access to a customer
of any area of the premises that is not visible from the manager's
station for any purpose, excluding restrooms;
g.
The owners, operator, and any agents and employees present on the
premises shall ensure that the view area specified in subsection S.1.e.
remains unobstructed by any doors, walls, merchandise, display racks,
or other materials at all times that any customer is present in the
premises and to ensure that no customer is permitted access to any
area of the premises which has been designated as an area in which
customers will not be permitted in the application filed pursuant
to subsection S.1.a of this section;
h.
The premises of an adult bookstore, adult video store, adult novelty
store, adult service establishment, nude model business, sex parlor,
and sexual encounter center shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination of not less than
20 footcandles as measured a the floor level; and
i.
The licensee commits an offense if he permits illumination of any
area of the premises to which customers have access to be less than
20 footcandles.
j.
No viewing rooms or booths of less than 150 square feet of floor
space shall be occupied by more than one (1) person at any time.
k.
No licensee or manager shall allow openings or holes of any kind
to exist between adjacent or adjoining viewing rooms or booths.
l.
No person shall make or attempt to make an opening or hole of any
kind between adjacent or adjoining viewing rooms and booths.
m.
The licensee and any manager shall have a duty, during each business
day, regularly to inspect the walls of all viewing rooms or booths
to determine if any openings or holes exist.
n.
The licensee or any manager commits an offense if he permits any
patron or customer access to a viewing room or booth where any opening
or hole exists into an adjacent or adjoining viewing room or booth.
o.
This section shall not prohibit conduits for plumbing, heating, air
conditioning, ventilation or electrical service, if the conduits are
screened or otherwise configured so as to prevent their use as openings
that would permit any portion of a human body to penetrate the wall
or barrier separating viewing rooms or booths.
T.
ADDITIONAL REGULATIONS FOR ADULT ENTERTAINMENT FACILITY.
1.
Public and employee restrooms in an adult entertainment facility
shall not, at any time, contain or be used for adult entertainment
facility activity, video reproduction equipment, or sexually oriented
merchandise.
2.
An adult arcade, adult bookstore, adult video store, adult novelty
store, adult service establishment, adult cabaret, adult theater,
adult motion-picture theater, nude model business, sex parlor, and
sexual encounter center shall at all times maintain at least one legible
sign posted in a conspicuous place at each public entrance easily
visible by all persons prior to entry into the establishment with
lettering of at least one-inch in height in English and Spanish which
contains the following statement:
"THIS IS AN ADULT ENTERTAINMENT FACILITY ESTABLISHMENT WHICH
REGULARLY FEATURES (description of the type of activity licensed to
be conducted). IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU
DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY
(or "NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY," if alcohol
is served).
3.
During hours of darkness when an adult entertainment facility is
in operation, all required parking and all outdoor pedestrian areas
on the premises of the adult entertainment facility shall be lighted
to an intensity of not less than 10 footcandles measured at ground
level.
4.
A licensee, operator, or employee commits an offense if the licensee,
operator, or employee appears in a state of nudity or knowingly allows
another person to appear in a state of nudity in an adult entertainment
facility, unless the person is an employee who, while in a state of
nudity, is on a stage (on which no customer is present) that is at
least eighteen (18) inches above the floor, and that is at least six
(6) feet from any customer.
5.
It is an offense for an employee, while in a state of nudity in an
adult entertainment facility, to receive directly any pay or gratuity
from any customer, or for any customer to pay or give any gratuity
directly to any employee, while that employee is in a state of nudity
in an adult entertainment facility. Such gratuity or pay may be provided
to such an employee through a tip receptacle, located more than six
(6) feet from the nearest point of the performance stage where the
employee is in a state of nudity, or may be paid to an employee that
is not in a state of nudity, as part of the customer's bill.
6.
A licensee or operator commits an offense if the licensee or operator
fails to display a sign on the interior of the adult entertainment
facility premises notifying customers and employees of the prohibitions
described in this section. The sign must be prominently and continuously
displayed where customers enter the premises, and immediately adjacent
to each performance stage, and must state in letters at least two
inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY
IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000.00.
CUSTOMERS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.
The chief of police may also require, at the time of issuance
or renewal of the license, the licensee to display the sign in a language
other than English if he determines that a substantial portion of
the expected customers speak the other language as their familiar
language. Upon notification, a licensee commits an offense if the
sign does not contain this language in the required language, in addition
to English.
7.
A licensee or operator commits an offense if the licensee or operator
fails to prominently and continuously display a glow-in-the-dark line
on the floor of the adult entertainment facility, at least two (2)
inches wide, marking a distance of six feet from each performance
stage on which an employee in a state of nudity may appear in accordance
with subsection T.4.
U.
DEFENSES.
1.
It is a defense to prosecution under subsections C, D, and P that
a person appearing in a state of nudity, semi-nudity, or simulated
nudity did so in a modeling class operated:
a.
By a proprietary school licensed by the State of Texas; a college,
junior college, or university supported entirely or partly by taxation;
b.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
c.
In a structure:
i.
Which has no sign or other advertising visible from the exterior
of the structure indicating a nude or partially nude person is available
for viewing; and
ii.
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
iii.
Where no more than one nude or semi-nude model is on the premises
at any one time.
2.
It is a defense to prosecution under subsections C and D that the
item of descriptive, printed, film, or video material offered for
sale or rental:
V.
EMPLOYEE PERMITS.
1.
Permit required.
a.
It shall be unlawful for any person who does not hold a permit to
act as a manager or employee of an adult entertainment facility.
b.
It shall be the duty of the licensee, operator and owners of each
adult entertainment facility to ensure that no person acts as a manager
or employee of an adult entertainment facility unless that person
holds a permit.
2.
Issuance of permits.
a.
Any person who desires to obtain an original or renewal permit shall
make application in person at the offices of the police department
between the hours of 8:00 a.m. and 12:00 p.m., Monday through Friday,
city observed holidays excepted. The application shall be made under
oath upon a form prescribed by the chief of police and shall include:
i.
The name, home street address and mailing address (if different)
of the applicant;
ii.
Proof of the date of birth of the applicant and the identity
of the applicant, including at least one photographic identity card
issued by a governmental agency;
iii.
A list of any criminal charges pending, convictions, and time
of service in jail or prison as related to any applicable offense
that is specified in subsection F of this section; and
iv.
Two passport-type photographs of the applicant of a size specified
by the chief of police, which shall become part of the photographic
identity card if a permit is issued.
b.
Each application shall be accompanied by a nonrefundable processing
fee of $60.00. Each applicant shall be required to provide fingerprints
to be used to verify the applicant's identity and criminal history
information. Each applicant shall sign a waiver and authorization
form authorizing the chief of police to request on behalf of the applicant
criminal history reports from the Texas Department of Public Safety
and any appropriate federal agency.
c.
The chief of police shall issue the permit within ten days from the
date of filing of the application unless he finds that the application
is incomplete or that the applicant has been convicted of or spent
time in jail or prison for an offense specified in the applicable
provisions of subsection F of this section within the time specified
therein. If the application is not granted, then the applicant shall
be given written notice of the grounds and of his right to provide
a written response as provided by subsection K of this article, within
ten days from the date of filing of the application.
d.
Each permit issued by the chief of police shall consist of two photographic
identification cards.
i.
Each employee of an adult entertainment facility shall have
an identification card, called a personal card, to be carried by the
employee at all times while on the premises of the adult entertainment
facility where the individual is employed.
ii.
Each employee of such a business shall be issued a second identification
card, called an on-site card, to be left on the premises of the adult
entertainment facility where the individual is employed.
e.
If the chief of police fails to issue or deny a permit application
within the time specified in subsection V.2.c of this section, then
the applicant shall, upon written request, be immediately issued a
temporary permit which shall be valid until the third day after the
applicant is given notice of the decision of the chief of police.
f.
If any personal card or on-site card is lost or stolen, the holder
thereof shall immediately notify the chief of police and request a
replacement, which shall be issued for a fee of $35.00 within three
days following verification of the identity of the holder.
g.
No permit application shall be accepted, nor shall a permit be issued
to any person who does not provide proof that he is at least 18 years
old. Any permit issued by virtue of any misrepresentation or error
to any person under age 18 shall be void.
3.
Term, transfer, amendment.
4.
Display.
a.
Each manager or employee shall conspicuously display his personal
card upon his person at all times while acting as a manager or employee
of an adult entertainment facility.
b.
Each manager or employee shall provide his on-site card to the manager
or on-site manager in charge of the adult entertainment facility to
hold while the manager or employee is on the premises.
c.
In any prosecution under this section, it shall be presumed that
the actor did not have a permit unless the permit was on display as
required under subsection V.4.a. of this subsection.
5.
Revocation.
In the event that the chief of police has
reasonable grounds to believe that any permit holder has been convicted
of or spent time in jail or prison for an offense as specified in
the applicable provision of subsection F of this article within the
time specified therein, then the chief of police may revoke the permit
under the procedures set out in subsection J of this article.
6.
If the chief of police is authorized to deny the issuance of a permit,
or revoke a permit as provided in this section, the applicant or permittee
may appeal the decision of the chief of police in accordance with
the procedures in subsection K of this article.
W.
HOURS OF OPERATION.
No adult entertainment facility,
except for an adult motel, may remain open at any time between the
hours of twelve o'clock (12:00) a.m. (midnight) and eight o'clock
(8:00) a.m. on weekdays and Saturdays, and twelve o'clock (12:00)
a.m. (midnight) and two o'clock (2:00) p.m. on Sundays.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
WHEN REQUIRED.
Lands not previously subject to landscaping
requirements shall be required to comply with this section upon issuance
of a Building Permit satisfying the conditions established by either
subsection 1 or 2 below:
1.
New Construction, Developments, Subdivisions, remodeling, expansions,
alterations or additions for which a site plan is required under the
terms of the zoning ordinance; or
2.
Remodeling or alterations taking place within a 12-month period in
which the total value exceeds 25% of the valuation of property improvements
(excluding land value) on the current Tarrant Appraisal District's
tax roles.
B.
LANDSCAPING GENERALLY.
1.
Landscaping shall be designed to maintain and preserve as many existing
trees as possible.
2.
Ten percent (10%) of the net area of the property shall be landscaped.
The designated landscape areas must be included on the development/site
plans and when applicable be approved by the City Council.
3.
All landscaping materials shall be installed prior to issuance of
any completed certificate of occupancy.
C.
INSTALLATION AND MAINTENANCE.
1.
The owner shall maintain all landscape areas and vegetation in good
condition in accordance to all applicable codes and ordinances as
adopted and amended by the City of River Oaks.
2.
In addition to all required trees and shrubs all of the required
landscape area must be covered with grass or live groundcover.
3.
Landscape areas must be kept free of trash, litter, weeds, and other
materials or plants not a part of the landscaping.
4.
Existing trees should be preserved as much as possible.
D.
LANDSCAPING FOR SINGLE-FAMILY AND 2-FAMILY USES.
1.
Lots shall have a minimum of one (1) canopy tree located in any required
front yard.
2.
Canopy Tree shall be a minimum of 3 caliper inches.
3.
Existing trees of equal or greater size may be counted toward this
requirement.
4.
In cases where the applicant can show that required trees cannot
reasonably be placed on the lot due to size, configuration or slope,
the City Official may waive this requirement.
5.
Required landscape area must be covered with grass or live groundcover.
E.
LANDSCAPING IN MULTIPLE-FAMILY, INDUSTRIAL, COMMERCIAL, PLANNED DEVELOPMENT
AND OVERLAY PLANNED DEVELOPMENT DISTRICTS.
1.
Generally.
a.
For every 500 square feet, or fraction thereof, of required
landscape area, one For every 500 square feet, or fraction thereof,
of required landscape area, one (1) tree of three (3) inch caliper
or larger is required. Up to fifty percent (50%) of the required number
of trees may be replaced by five (5) gallon shrubs at the rate of
one (1) tree equals ten (10) shrubs.
b.
For every fifty (50) square feet, or fraction thereof, of required
landscape area, one (1) shrub a minimum of five (5) gallons in size
is required. Up to 50% (50 percent) of the required number of shrubs
may be replaced by three (3) inch caliper trees at the rate of ten
(10) shrubs equals one (1) tree.
c.
A minimum of forty (40) percent of all required landscape areas
shall be located in the front of the property as approved by the Public
Works Director or his designee.
2.
All landscaping plans will accompany Site Approval Plans and will
require Public Hearings in accordance to the Local Government Code
first before the Planning and Zoning Commission. The Planning and
Zoning Commission will make a recommendation to the City Council to
approve, modify or deny the Landscape Plan.
3.
The City Council following the hearing before the Planning and Zoning
Commission will hold another Public Hearing on the Site Plan and Landscape
Plan. Following the Public Hearing the City Council will vote to approve,
modify or deny the Plan as presented.
4.
Public Hearings will require publication in the official city newspaper
and property owner notification within 200-feet of the property requesting
Site Plan and Landscape Plan approval in any of these zoning districts.
5.
All landscaping shall be permanently maintained.
Should
any plant material used in any landscaping required and approved die,
the owner of the property shall have 90-days after notification by
the City to obtain and install a suitable replacement plant material.
Landscaped area shall be kept free of trash, litter, weeds and other
material or plants not a part of the landscaping.
6.
A permanently installed irrigation system shall be installed and
tested annually in accordance to TCEQ (Texas Commission on Environmental
Quality) Rules and Regulations unless otherwise approved by the City
once the applicant verifies the type of vegetation to be planted and
the amount of water required to support the life of such vegetation.
F.
LANDSCAPING ADJACENT TO PUBLIC RIGHT-OF-WAY.
1.
A minimum 5-foot landscaped green space shall be provided to all
public and private right-of-way on lots with an area of less than
one-acre.
2.
A minimum 10-foot landscaped green space shall be provided to all
public and private right-of-way on lots greater than one-acre.
3.
Landscape area must be covered with grass, trees, shrubs, flowering
and nonflowering plants.
4.
When Evergreen Shrubs are planted the average density of 5-gallons
for each 5 lineal feet cannot exceed the 36" height requirement as
provided for in the Zoning Ordinance.
G.
Nonconforming uses and structures.
All uses that were
in existence at the time of the adoption of Ordinance 1060-2015 which
do not meet the landscape requirements will be considered legal nonconforming
and will be subject to the provisions established in Section 28 of
the Zoning Ordinance as a legal nonconforming use.
I.
MODIFICATION OF LANDSCAPE REQUIREMENTS.
The Public Works
Director or his designee may approve minor variations in the location
of required landscape materials due to unusual topographic constraints,
siting requirements, preservation of existing native trees or similar
conditions, maintain consistency of setback requirements. These minor
changes may vary the location of required landscape materials but
may not reduce the amount of required landscape area or the amount
of landscape materials.
J.
APPEAL FROM LANDSCAPING REQUIREMENTS.
The Zoning Board
of Adjustment, may consider appeals in granting relief from landscaping
requirements in situations where individual circumstances, such as
presence of existing facilities, or unusual topography, limit the
applicant's ability to comply with the landscaping requirements.
The procedure to appeal is as follows:
1.
The property owner, authorized agent Developer or other person having
a proprietary interest in the property may request for appeal to landscape
requirements.
2.
Applications for appeal in order to grant relief from landscape requirements
must be made in writing and shall specify the property conditions
that make relief necessary.
3.
Applications for appeal shall include a proposed landscape plan drawn
to scale, illustrating the area available for landscaping and specify
plantings by size, type and location. The proposed plan shall indicate
the means by which irrigation will be provided and provide a phasing
schedule for completion of the plan.
4.
Applications shall be accompanied by an application fee of $200.00
for lots of one-acre or less and $400.00 for all lots over one-acre.
5.
If approved the Chairman of the Zoning Board of Adjustment shall
sign 2 copies of the approved plan, one copy shall be returned to
the applicant and one copy shall be retained as a permanent record
by the city.
6.
If approved with modifications, the applicant shall return 2 copies
of the amended plan within 14 calendar days of the Zoning Board of
Adjustment's action. The Public Works Director shall sign 2 copies,
one will be returned to the applicant, the other copy will become
a permanent record retained by the city.
7.
If denied by the City Council, the Chairman of the Zoning Board of
Adjustment will sign 2 copies of the plan as presented and denied
and mark on Plans "NOT APPROVED." A letter prepared by the Building
Official stating the reasons for disapproval shall be attached to
the plan. One copy shall be returned to the Applicant and the other
copy shall be retained as permanent record by the city.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
PURPOSE AND INTENT.
A building, lot of record, use of
land or a building, method or requirement for development, or other
such use or structure may be lawful when commenced but contrary to
the regulations set forth in the Zoning Ordinance at the time of its
adoption or which become contrary to the regulations set forth in
the Zoning Ordinance because of future amendments to the Zoning Ordinance,
annexation into the City, or eminent domain. Such nonconforming uses,
structures or yards are deemed to be incompatible with permitted uses
and structures in the applicable zoning district and are contrary
to the stated purposes of this Ordinance. With due regard for the
property rights of the persons affected when considered in light of
the public welfare and in view of protecting the use and enjoyment
of adjacent conforming properties, it is the declared purpose of this
section that nonconformities be eliminated and be required to conform
to the regulations in this Ordinance. Notwithstanding the above, such
nonconforming use, structure or yard may be continued subject to the
conditions and limitations set forth in this Ordinance.
B.
NONCONFORMING LOTS OF RECORD.
Buildings or other structures
may be erected on a nonconforming single lot of record, provided such
lot has access from a street in accordance with the subdivision ordinance
or other applicable ordinances. This provision shall apply even though
such lot fails to meet the minimum requirements for area, width, depth,
or other requirements for lots set forth in the applicable zoning
district regulations; however, all other provisions of the applicable
zoning district regulations shall apply. Any building or structure
constructed on a nonconforming lot of record shall meet all development
regulations in the zoning district unless the board of adjustment
grants a variance. No building or structure shall be constructed on
multiple lots. Whenever construction is desired on multiple lots,
the property owner shall replat the property into a single lot.
C.
NONCONFORMING USES OF LAND.
A nonconforming use of land
may be continued so long as it remains otherwise lawful, subject to
the following provisions:
1.
Alteration in Size of Nonconforming Use.
No nonconforming
use of land shall be enlarged, increased, or extended to occupy a
greater area of land than was occupied at the time it became nonconforming.
2.
Moving a Nonconforming Use.
No such nonconforming use
shall be moved, in whole or in part, to any portion of the same lot
or parcel other than that occupied by such use at the time it became
nonconforming.
3.
Exceptions.
D.
NONCONFORMING STRUCTURES.
A nonconforming structure
may be continued so long as it remains otherwise lawful, subject to
the following provisions:
1.
Alteration in Size of Structure.
No such nonconforming
structure may be enlarged, extended, reconstructed, repaired, or altered
in a way that increases its nonconformity except as provided for subsection
H "single-family nonconforming uses, structures, or yards," but any
structure or portion thereof may be repaired or altered to decrease
its nonconformity or to comply with city building codes.
2.
Moving a Nonconforming Structure.
Should a nonconforming
structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations of the zoning district in which
it is located after it is moved.
E.
NONCONFORMING USES OF STRUCTURES.
A nonconforming use
of a structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
1.
Alteration in Size of Nonconforming Use of Building.
A nonconforming use of a building shall not be enlarged, extended,
or altered and no occupancy of additional buildings or land by a nonconforming
use shall be permitted.
2.
Moving a Nonconforming Use.
No such nonconforming use
of a structure shall be moved, in whole or in part, to any portion
of the same lot or parcel other than that occupied by such use at
the time it became nonconforming.
3.
Exceptions.
A nonconforming use of a structure may be
extended throughout any parts of the building that were manifestly
arranged or designed for such use at the time it became nonconforming,
but only if:
a.
No structural alterations, except those required by law or ordinance,
are made;
b.
No nonconforming use of the structure is extended to occupy any land
outside the building as it existed at the time it became nonconforming;
and
c.
No additional dwelling units are added when the nonconforming use
results from there being more dwelling units on the lot than is permissible
in the district in which the building is located.
F.
ADDITIONAL LIMITATIONS AND PROVISIONS.
1.
Change to a Conforming Structure or Use.
Any nonconforming
use, structure or yard may be changed to a conforming structure or
use, and once such change is made, the structure or use shall not
thereafter be changed back to a nonconforming structure or use.
2.
Accessory Structure or Use.
No nonconforming accessory
structure or use shall continue after the principal structure or use
shall have ceased or terminated unless the accessory structure or
use shall thereafter conform to the provisions of the zoning district
in which it is located.
3.
Structure or Use Already Permitted.
Nothing contained
in this section shall require any change in the plans, construction,
or designated use of a structure or use for which a building permit
was lawfully issued no more than six months prior to the date the
structure or use became nonconforming, provided, that such construction
shall have been started at the time such structure or use became nonconforming
and shall have been diligently prosecuted to completion.
4.
Expansion of Nonconforming Use.
Except as otherwise
provided herein, the board of adjustment may permit an expansion of
a nonconforming use, structure or yard not to exceed 25 percent of
the existing area of the use or structure actually being occupied
by the nonconforming use, structure or yard, subject to the development
regulations applicable in the zoning district, provided that no structures
are constructed that are not allowed in the existing zoning district
and provided the board finds that the proposed use or structure will
be compatible with the surrounding area, will comport with the intent
of the Comprehensive Plan, will not have a harmful effect on surrounding
land uses, will not adversely affect the health, safety, and welfare
of the citizens, and will not damage surrounding property values or
the character of surrounding neighborhoods.
G.
DESTRUCTION OF NONCONFORMITY.
1.
If a nonconforming use, structure or yard is destroyed, damaged or
deteriorated to the extent that the cost to reconstruct or rebuild
such nonconformity exceeds 50 percent of its replacement cost, the
nonconforming use, structure or yard may not be reconstructed or rebuilt
except to conform with the provisions of this Ordinance.
2.
Notwithstanding subsection G.1, above, the board of adjustment may,
after a public hearing, authorize reconstruction or rebuilding when
the destruction, damage, or deterioration amounts to 50 percent or
more of the replacement cost of the structure at the time of destruction,
damage, or deterioration. The board shall consider, among other factors,
the owner's property rights and the effect of such nonconforming
use, structure or yard on surrounding properties.
3.
If the owner of a nonconforming use, structure or yard fails to begin
reconstruction of the damaged, destroyed, or deteriorated structure
(when permitted to do so by the terms of this section) within six
months of the date of destruction, damage, or deterioration, or approval
by the board of adjustment, the nonconformity shall be deemed to be
discontinued or abandoned as provided in subsection H below.
H.
SINGLE-FAMILY NONCONFORMING USES, STRUCTURES, OR YARDS.
Any single-family use, structure or yard lawfully in existence upon
the effective date of this Ordinance may be continued, subject to
the following limitations:
1.
Expansion of Nonconforming Use.
The owner may expand
a nonconforming use, structure or yard not to exceed 25 percent of
the existing area of the use or structure actually being occupied
by the nonconforming use, structure or yard, provided that the use,
structure or yard, as expanded, meets the development regulations
applicable in the "R-3" zoning district.
2.
Destruction of Nonconformity.
a.
If a nonconforming single-family use, structure or yard is destroyed,
damaged or deteriorated, the nonconforming use, structure or yard
may be reconstructed or rebuilt without the approval of the board
of adjustment provided that:
b.
The failure of the owner to obtain a building permit and start such
reconstruction within six months shall forfeit the owner's right
to restore or reconstruct the dwelling except in conformance with
this Ordinance.
3.
Transfer of Nonconforming Use.
A person may transfer
a nonconforming single-family structure, yard, or use to a subsequent
owner of the property.
4.
Abandonment of Nonconforming Use.
A nonconforming single-family
residential use, shall not be construed as abandoned when its use
is discontinued if its use is resumed by another person for a single-family
residential use within six months.
I.
DISCONTINUANCE OR ABANDONMENT.
1.
A nonconforming use, structure or yard when discontinued or abandoned,
shall not be resumed and any further use shall be in conformity with
the provisions of this section. Discontinuance or abandonment shall
be defined as when:
a.
The owner or occupant ceases to use the nonconforming use, structure
or yard in the same bona fide manner as previously used for four consecutive
months, regardless of whether the owner intended or consented to the
cessation of such nonconforming use, structure or yard. Evidence that
a nonconforming use, structure or yard is not used in the same bona
fide manner may include, without limitation, the following:
i.
The structure becomes vacant;
ii.
The use changes, is temporarily prohibited, or is moved from
the premises;
iii.
The equipment and furnishings are removed from the premises;
iv.
Utility service to the premises is terminated;
v.
The ownership or occupancy changes;
vi.
The owner or occupant expresses an intent, through actions or
statements, to discontinue or change the use; or
vii.
The premises are dilapidated, substandard or not maintained
in a suitable condition for occupancy;
b.
The owner or occupant of a nonconforming use, structure or yard that
is used only on a seasonal basis ceases to use the nonconforming use,
structure or yard in the same bona fide manner as previously used
during the season in which it is customarily used; or
c.
A nonconforming use, structure or yard is replaced with or reconstructed
to become a conforming use or structure.
2.
Upon evidence of hardship, the board of adjustment shall have the
power to extend the time limits in subsection I.1 above.
3.
When a nonconforming use, structure or yard is abandoned or discontinued,
all nonconforming rights shall cease and the nonconformity shall thereafter
conform to this Ordinance.
J.
REGISTRATION OF NONCONFORMITY.
The owner or occupant
of a nonconforming use, structure or yard shall register the nonconformity
with the Building Official within twelve months after the time it
becomes nonconforming or after the date of adoption of this Ordinance,
whichever date is later. Registration shall be confirmed by the issuance
of a "certificate of occupancy - nonconforming," which shall state
specifically how the nonconforming use, structure or yard was created
and how it does not comply with the provisions of this Ordinance or
other applicable ordinances. Failure to make such application within
twelve months after the nonconforming use, structure or yard arises
shall be presumptive evidence that the nonconforming use, structure
and yard is illegal and in violation of this Ordinance. If after presentation
of evidence to the zoning administrator, the zoning administrator
determines that the property owner has failed to prove that it is
nonconforming, the property owner can appeal to the board of adjustment.
K.
AMORTIZATION.
1.
The city council may request that the board of adjustment establish
a compliance date for discontinuance of a nonconforming use, structure
or yard in accordance with this section.
2.
In determining whether to initiate an amortization proceeding, the
board of adjustment may consider the character of the surrounding
area, the degree of incompatibility of the nonconforming use, structure
or yard to the zoning district in which it is located, the effect
of the nonconforming use, structure or yard on the surrounding area,
the effect of cessation of the nonconforming use, structure or yard
on the area, any other danger or nuisance to the public caused by
the nonconforming use, structure or yard, and any other factors the
board considers relevant. If the board determines that there is no
public necessity for establishing a compliance date, the board shall
request that the city council initiate rezoning of the property to
bring the nonconforming use, structure or yard into compliance with
applicable zoning regulations.
3.
Written notice of the hearing shall be mailed to the owner of the
use and the owner of the property at least 30 days before the hearing.
4.
The compliance date for discontinuance of a nonconforming use, structure
or yard shall be prescribed by the board at a public hearing, after
hearing testimony from the owner, the operator, neighboring property
owners, community organizations and other interested parties. In prescribing
a reasonable amortization period for the nonconforming use, structure
or yard to give the property owner an opportunity to recover his investment
from the time the nonconforming use, structure or yard commenced,
as allowed by law, the board shall consider the following factors:
a.
The owner's capital investment in structures, fixed equipment
and other assets (excluding the land and any inventory and other assets
that may be feasibly transferred to another site) on the property
before the time the nonconformity commenced. Any such investment made
after the nonconformity commenced shall not be included;
b.
Any costs that are directly attributable to the establishment of
a compliance date, including demolition expenses, relocation expenses,
termination of leases, and discharge of mortgages;
c.
Any return on investment since inception of the nonconforming use,
structure or yard, including net income and depreciation;
d.
The anticipated annual recovery of investment, including net income
and depreciation; and
e.
Any other factors allowed by law.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
GENERAL.
1.
The city council may from time-to-time amend, supplement, or change
by ordinance the boundaries of the zoning districts or the regulations
herein established.
2.
The planning and zoning commission or the city council may, on its
own motion, institute proposals to amend, or change a zoning district
boundary or zoning regulation in the public interest.
3.
The owner of any real property, or his agent, upon proof of such
ownership, may file an application to change a zoning classification
on such property.
4.
The property owner, lessee, developer, or option holder of any property
may petition the city council for an amendment to the text of this
Ordinance which affects such property.
5.
A person making application for an amendment to the zoning ordinance
shall pay a fee in an amount determined, and as from time-to-time
approved by the city council.
B.
REVIEW PROCEDURES.
1.
Before taking action on any proposed amendment, supplement, or change,
the city council shall submit the same to the planning and zoning
commission for its recommendation and report. The planning and zoning
commission shall hold a public hearing on any application for any
amendment, supplement, or change to the Zoning Ordinance prior to
making its recommendation and report to the city council. Written
notice of all public hearings before the planning and zoning commission
on a proposed amendment, supplement, or change to a district boundary
shall be sent to all owners of real property lying within 200 feet
of the property for which the change is requested. Such notice shall
be given not less than 10 days before the date set for hearing by
depositing a notice properly addressed and postage paid in the United
States Mail to such property owners as their ownership appears on
the last approved city tax roll.
2.
A public hearing shall be held by the city council before adopting
any proposed amendment, supplement, or change to the Zoning Ordinance.
At least 15 days notice of the time and place of such hearing shall
be published in the official newspaper of the city. Furthermore, the
zoning administrator is directed to cause a sign to be placed upon
each property to be rezoned clearly visible to passersby which states
that the property is the subject of a rezoning application (or words
of like intent). The sign shall be posted at least 15 days prior to
the hearing and shall remain posted until the hearing. The erection
or continued maintenance of the sign shall not be deemed a condition
precedent to the holding of the public hearing, the adoption of any
proposed zoning change, or any other official action concerning such
amendment.
3.
If a proposed change to a boundary is protested in accordance with
this subsection, the proposed change must receive, in order to be
adopted, the affirmative vote of at least three-fourths of all members
of the city council. The protest must be written, signed and acknowledged
by the owners of at least 20 percent of either:
4.
In order to overrule a recommendation of the planning and zoning
commission that a proposed change to a regulation or boundary be denied,
an affirmative vote of at least three-fourths of all the members of
the city council shall be required.
C.
LIMITATION ON RE-APPLICATION.
A zoning application for
the same action and for the same property which has been previously
denied by the city council may not be re-initiated for a period of
at least one year from the date of denial unless the application was
denied without prejudice.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
ORGANIZATION.
A board of adjustment shall be established
and have all the powers and authority in accordance with the Charter
of the City of River Oaks and section 211.008, Local Government Code,
as amended. The board of adjustment shall consist of five voting members.
The Mayor, with the consent of the City Council, shall appoint the
original members to Places 1, 3, and 5 on the board to serve until
May 2003, and members to Places 2 and 4 to serve until May, 2003,
or until their successors are appointed and qualified. Members to
Places 1, 3, and 5 shall be appointed in odd-numbered years and members
to Places 2 and 4 shall be appointed in even-numbered years. Board
members shall serve two-year terms, with a member to serve until his
or her successor is duly appointed and qualified. In addition, the
mayor, with the advice and consent of the city council, may appoint
up to four alternates to serve in the absence of any board member.
The mayor, subject to the advice and consent of the city council,
shall appoint the chair and vice-chair. Any member or alternate of
the board of adjustment may be removed for just cause by the mayor,
with the approval of the city council by a majority vote. "Just Cause"
as that term is used herein shall include three unexcused absences
from meetings, regular or special, of the board of adjustment within
12 months, or misconduct.
Vacancies shall be filled by appointment of the mayor, as confirmed
by the city council, of a suitable person to serve out the unexpired
term of any person whose place on the board of adjustment, either
as a member or as an alternate, has become vacant for any cause.
B.
PROCEEDINGS OF THE BOARD.
The board of adjustment may adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with the terms of this Ordinance and Article III of Chapter 2 [Article 1.04 of Chapter 1] of the Code of Ordinances. Meetings of the board of adjustment shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. Meetings of the board of adjustment shall be held in accordance with the Texas Open Meetings Act. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicate such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the offices of the city secretary and kept as public record.
C.
JURISDICTION.
The board of adjustment shall have all
powers granted by and be organized and controlled by the provisions
of section 211.009, Local Government Code. The board of adjustment
is hereby vested with power and authority, and in appropriate cases
and subject to appropriate conditions and safeguards, to grant variances
from the front yard, side yard, rear yard, lot width, lot depth, coverage,
floor area ratios, minimum off-street parking or off-street loading
regulations of this Ordinance in accordance with the provisions of
this section.
D.
APPEALS.
1.
Appeals to the board of adjustment can be taken by any person aggrieved
by any officer department, or board of the municipality or affected
by any decision of the administrative officer. Such appeal shall be
taken within 10 days' time after the decision has been rendered
by the administrative officer, by filing with the officer from whom
the appeal is taken and with the board of adjustment, a notice of
appeal specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the board of adjustment all the
papers constituting the record upon which the action appealed from
was taken.
2.
An appeal shall stay all proceeding of the action appealed from unless
the officer from whom the appeal is taken certifies to the board of
adjustment, after the notice of appeal shall have been filed with
him, that by reason of facts stated in the certificate a stay would,
in his opinion, cause imminent peril to life or property. In such
case proceedings shall not be stayed otherwise, than by restraining
order which may be granted by the board of adjustment or by a court
of record on application, after notice to the officer from whom the
appeal is taken.
3.
A person making application for an appeal or any other matter which
the board of adjustment is authorized to review, shall pay a fee in
an amount determined and as approved by the city council.
E.
HEARING.
1.
The board of adjustment shall fix a reasonable time for the hearing
of any appeal, variance, special exception, or other matter which
the board of adjustment is authorized to review hereunder, give public
notice thereof, as well as due notice to the parties and interests
and decide the same within a reasonable time. At the hearing any party
may appear in person or by attorney or agent. The notice provided
in this section shall be given by publication in the official city
newspaper stating the time and place of the hearing, which shall not
be earlier than 10 days from the day of the publication, and in addition,
the board of adjustment shall mail notices of the hearing to the petitioner
and the owners of the property lying within 200 feet of any point
of the lot for which a variance, exception, or other action is proposed,
and to all person deemed by the board of adjustment to be affected.
The addresses of owners and persons shall be determined according
to the current tax rolls of the city. Written notice shall be deemed
sufficient if deposited in the U.S. mail with postage paid, addressed
to each owner as indicated on the last approved city tax roll.
2.
The same appeal to the board of adjustment shall not be allowed on
the same piece of property prior to the expiration of one year from
a ruling of the board of adjustment on any appeal unless other property
in the same zoned areas shall have, within the one year period, been
altered or changed by ruling of the board of adjustment, in which
case the change of circumstances shall permit an appeal but shall
in no way have force in law to compel the board of adjustment after
a hearing to grant the subsequent appeal, but the appeal shall be
considered on its merits as in all other cases.
F.
POWERS.
The Board of Adjustment shall have the following
powers:
1.
Variances.
a.
The board of adjustment may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the board shall prescribe any
conditions that it deems necessary or desirable to protect the public
interest. In making its findings the board shall take into account
the nature of the proposed use of the land involved, existing uses
of land in the vicinity, and the probable effect such variance will
have upon traffic conditions and upon the public health, safety, convenience
and welfare in the vicinity. No variance shall be granted unless the
board finds:
b.
Such findings of the board, together with the specific facts upon
which it is based, shall be incorporated into the official minutes
of the board of adjustment meeting at which such variance is granted.
A variance may not be granted to resolve a self-created or personal
hardship, nor for financial reasons only.
2.
Appeals of Decisions of Administrative Officers.
a.
The board of adjustment may hear and decide appeals where it is alleged
that there is an error in any order, requirement, decision, or determination
made by the administrative officer in the enforcement of this Ordinance.
b.
In exercising its power, the board of adjustment may, in conformity
with the provisions of chapter 211, Local Government Code, as amended
revise or reform, wholly or partly, or may modify the order, requirement,
decision or determination as sought to be made and shall have all
the powers of the officer from whom the appeal is taken, and may require
such conditions and safeguards as the Board finds necessary to preserve
the spirit and intent of this Ordinance.
3.
Nonconforming Uses (See Chapter 28 [Section 28]).
a.
The board of adjustment may permit the reconstruction, extension,
or enlargement of a structure occupied by a nonconforming use on the
lot occupied by such structure in accordance with the provisions of
Section 28 of this Ordinance.
b.
The board of adjustment may require the discontinuance of nonconforming
uses under any plan whereby the full value of the structure or use
can be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity for all
property to conform to the regulations of this Ordinance.
G.
CONCURRING VOTE.
The concurring vote of four members
of the board of adjustment shall be necessary to reverse any order,
requirement, decisions or determination of a city administrative officer,
or to decide in favor of the applicant on any matter upon which it
is required to pass under this Ordinance.
H.
JUDICIAL REVIEW.
Any person or persons, jointly or separately,
aggrieved by any decision of the board of adjustment or any taxpayer
or any officer, department or board of the city may present to a court
of record, a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of such illegality.
Such petition shall be presented to the court within 10 days of the
questioned decision of the board of adjustment, and not thereafter,
and shall comply in all respects with the requirements set forth in
section 211.011 of the Local Government Code.
(Ordinance 1394-2023 adopted 11/28/2023)
A.
It is hereby declared to be the intention of the city council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence, paragraph,
or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction,
the unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance, since
they would have been enacted by the city council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section.
B.
It is the intent of the City Council that In the event that any provision,
clause, sentence, or subsection of Section 26 or Section 23A.G.3 of
this Ordinance is invalidated by the valid judgment or decree of a
court of competent jurisdiction, that the provisions of Ordinance
No. 87 relating to the sale of alcoholic beverages be reinstated and
controlling and in full force and effect.
(Ordinance 1394-2023 adopted 11/28/2023)
See Appendix A Fee Schedule of the Code of Ordinances, City of River Oaks, Texas.
(Ordinance 1394-2023 adopted 11/28/2023)
This ordinance shall be cumulative of all provisions of ordinances,
except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances are hereby repealed.
With the passage of this Ordinance, it now becomes the City's
official comprehensive zoning ordinance and the former Zoning Ordinance
1331-2021 as adopted on December 7, 2021 is hereby repealed.
(Ordinance 1394-2023 adopted 11/28/2023)
Any person, firm, or corporation who violates, disobeys, omits,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance, or whenever in this ordinance
the doing of any act is required or the failure to do any act is declared
to be unlawful, and no specific penalty is provided therefor, the
violation of any such provision of this code or any such ordinance
shall be punished by a fine of not exceeding five hundred dollars
($500.00). However, a fine or penalty for the violation of a rule,
ordinance or police regulation that governs fire safety, zoning or
public health and sanitation other than dumping of refuse may not
exceed two thousand dollars ($2,000.00); a fine or penalty for the
violation of a rule, ordinance, or police regulation that governs
the dumping of refuse may not exceed four thousand dollars ($4,000.00).
Provided, however, that no penalty shall be greater or less than the
penalty provided for the same or a similar offense under the laws
of the state. Each day any violation of this ordinance shall continue
shall constitute a separate offense. In the event that any such violation
is designated as a nuisance under the provisions of the River Oaks
Code of Ordinances (2020) as amended, such nuisance may be summarily
abated by the city. In addition to the penalty prescribed above, the
city may pursue other remedies such as abatement of nuisances, injunctive
relief and revocation of licenses or permits.
(Ordinance 1394-2023 adopted 11/28/2023)
All rights and remedies of the City of River Oaks are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning or eight liners that have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected
by this ordinance but may be prosecuted until final disposition by
the courts.
(Ordinance 1394-2023 adopted 11/28/2023)
This ordinance shall be published in one issue of the official newspaper of the City by publishing the caption, penalty clause, savings clause, publication and effective date in accordance with Chapter 5, Section 5.02(c) of the Charter of the City of River Oaks.
(Ordinance 1394-2023 adopted 11/28/2023)
This ordinance was approved and adopted by a majority vote of
the City Council at a Regular Meeting on November 28, 2023 and shall
be in full force and effect from and after its legal publication,
and it is so ordained.
(Ordinance 1394-2023 adopted 11/28/2023)
