This ordinance shall be known and may be cited as “The
City of Overton, Zoning Ordinance.”
(Ordinance 2014-10-07A adopted 10/7/14)
For the purpose of this Ordinance, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word “building” shall include the word
“structure”; the word “shall” is mandatory
and not directive; the word “lot” includes the word “plot”;
the term “used for” includes the meaning “designed
for” or “intended for.” Said words and terms are
as follows:
1. Accessory Building or Use.
An “accessory
building or use” is one which: a) is subordinate to and serves
a principal building or principal use; and b) is subordinate in area,
extent, or purpose to the principal building or principal use served;
and c) contributes to the comfort, convenience and necessity of occupants
of the principal building or principal use served; and d) is located
on the same building lot as the principal building or principal use
served. “Accessory” when used in the text shall have the
same meaning as accessory use. An accessory building may be a part
of the principal building. Servants’ quarters, as defined, are
an accessory building or use.
2. Alley.
An “alley” is a public right-of-way
which affords a secondary means of access to abutting property.
3. Auto Laundry.
An “auto laundry”
is a building, or portion thereof containing facilities for washing
automobiles using production line methods with a chain conveyor, blower,
steam cleaning device, or other mechanical devices.
4. Awning.
An “awning” is a roof-like
cover of a temporary nature that projects from the wall of a building.
5. Apartment.
An “apartment” is a
dwelling unit in an apartment house.
6. Apartment House.
An “apartment house”
is a building or any portion thereof, which contains three or more
dwelling units.
7. Basement.
A “basement” or “cellar”
is a story wholly or partly (at least 50 percent) measured from floor
to ceiling, below the average level of the ground surrounding the
building. A basement or cellar is not counted when measuring the height
of a building.
8. Block.
A “block” is a tract of
land bounded by streets, or by a combination of streets and public
parks, cemeteries, railroad rights-of-way, airport boundaries, or
a corporate boundary line.
9. Block Face.
A “block face” is a
side of a block facing upon a street, within which lots face the abutting
street.
10. Board.
The word “board” shall mean
the Board of Adjustment Established in Section 20 [21] of this Ordinance.
11. Boarding House.
A “boarding house”
is a building other than a hotel, motel or apartment house, where
for compensation and by prearrangement for a definite period, meals
or lodging and meals are provided for three or more persons.
12. Build.
The word “build” means to
erect, convert, enlarge, reconstruct, or alter a building or structure.
13. Buildable Width.
The “buildable width”
of a building site is the width of the building site left to be built
upon after the required side yards are provided.
14. Building.
A “building” is any structure
built for the support[,] shelter, or enclosure of persons, animals,
chattels, or movable property of any kind.
15. Building, Detached.
A “detached building”
is a building surrounded by yards or open space on the same building
lot.
16. Building, Height.
“Building height”
is the number of stories contained in building.
17. Building Line.
A “building line”
is the rear line of a required front yard which is generally parallel
to the street line forming the front lot line.
18. Building Lot.
A “building lot”
is a single tract of land located within a single block which (at
the time of filing for a building permit) is designed by its owner
or developer as a tract to be used[,] developed, or built upon as
a unit, under single ownership or control. It shall front upon a street
or approved place. Therefore, a “building lot” may not
coincide with a lot of record. A “building lot” may be
subsequently subdivided into two or more “building lots,”
subject to the provisions of this ordinance.
19. Building, Mixed.
A “mixed building”
is a building used partly for residential use and partly for community
facility and/or commercial use. A mixed building is a commercial use.
20. Building, Principal.
A “principal building”
is a building in which the principal use of the lot, on which it is
located, is conducted. All residential uses, except bona fide servants’
quarters, are principal uses.
21. Building, Residential.
A “residential
building” is a building which is arranged, designed, used or
intended to be used for residential occupancy by one or more families
or lodgers.
23. City.
The word “city” shall mean
the City of Overton, Texas.
24. Clinic.
A “clinic” is the office
of one or more medical doctors who may or may not have associated
in the practice of their professions.
25. Commission, Planning.
The words “planning
commission” shall mean the City Planning and Zoning Commission
of the City of Overton, Texas.
26. Council.
The word “council” shall
mean the City Council of the City of Overton, Texas.
27. Court.
A “court” is an open, unoccupied
space, bounded on more than two 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 open space.
28. Customary Home Occupations.
A customary home
occupation is an occupation customarily carried on in the home by
a member of the occupant’s family without structural alterations
in the building or any of its rooms, without the installation of machinery
or additional equipment, without the employment of additional persons,
without the use of a sign to advertise the occupation and which does
not cause the generation of additional traffic in the street.
29. Development, or to Develop.
A “development”
includes the construction of a new building or any structure on a
building lot, the relocation of an existing building on another building
lot, or the use of open land for a new use. To “develop”
is to create a development.
30. District.
A “district” is a zoning
district which is a part of the City wherein regulation of this ordinance
is uniform.
31. Dwelling.
A “dwelling” is a building
or portion thereof, but not a house trailer, designed and used exclusively
for residential occupancy, including one-family dwellings, two-family
dwellings, and multiple-family dwellings, but not including hotels,
motels, or lodging houses.
32. Dwelling, Attached.
An “attached dwelling”
is one which is joined to another dwelling at one or more sides by
a part wall or walls.
33. Dwelling, Detached.
A “detached dwelling”
is one which is entirely surrounded by open space on the same building
lot.
34. Dwelling, Multiple-Family.
A “multiple-family
dwelling” is a building or portion thereof constructed for and/or
occupied by two or more families and containing two or more dwelling
units.
35. Dwelling, Single-Family.
A “single-family
dwelling” is a building containing only one dwelling unit and/or
occupied by only one family.
36. Dwelling, Two-Family.
A “two-family dwelling”
is a building containing two dwelling units and/or occupied by two
families.
37. Dwelling Unit.
A “dwelling unit”
is one or more rooms, which are arranged, designed, used, or intended
to be used for occupancy by a single family or a group of persons
living together as a family or by a single person. Individual bathrooms
and complete single kitchen facilities permanently installed are not
necessarily provided. Each installation of kitchen facilities consisting
of at least a stove or cooking device and a sink shall constitute
a separate dwelling unit. Apartment units in apartment hotels are
dwelling units.
38. Family.
A “family” consists of
one or more person, each related to the other by blood, marriage,
or adoption; or a group of not more than five persons (excluding servants)
who are living together in a dwelling unit.
39. Filling Station.
A “filling station”
is any building or premises used for the dispensing, sale, or offering
for sale at retail of any automobile fuels or oils. If the dispensing,
sale or offering for sale is incidental to a public garage, the premises
shall be classified as a public garage.
40. Garage, Private.
A “private garage”
is an accessory building designed or used for the storage of motor
vehicles owned and used by the occupants of the building to which
it is accessory
41. Garage, Public.
A “public garage”
is a building or portion thereof, other than a private or storage
garage, designed or used for servicing, repairing, equipping, hiring
selling, or storing motor-driven vehicles.
42. Health Service.
A “health service”
is a charitable or government operated facility offering to the public
medical examinations, diagnosis and limited treatment not for profit.
43. Hospital.
A “hospital” is a legally
authorized institution in which there are complete facilities for
diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged
care of bed patients. Clinics may have some but not all of these facilities.
44. Hotel.
A “hotel” is an establishment
offering lodging to the transient public for compensation. A hotel
is distinguished from a motel in that access to the majority of the
guest rooms is through a common entrance and lobby. A hotel is a nonresidential
use.
45. Hotel, Apartment.
An “apartment hotel”
is a hotel in which a majority of the dwelling units or guest rooms
are occupied by permanent guests. Dwelling units or guest rooms may
include kitchen or cooking facilities. An apartment hotel may contain
public banquet halls, ballrooms or meeting rooms, restaurants and
lounges accessible to the public only through the lobby and having
no exterior display. An “apartment hotel” is a residential
use.
46. Junk or Salvage Yard.
A “junk or salvage
yard” is a lot upon which waste or scrap materials are bought,
sold, exchanged, stored, packed, disassembled, or handled, including
but not limited to scrap iron and other metals, paper, rags, rubber
tires, and bottles. A “junk yard” includes an automobile
wrecking yard and automobile parts yard. A “junk yard”
does not include such uses conducted entirely within an enclosed building.
47. Lodging House.
A “lodging house”
is a residential building or portion thereof containing lodging rooms
which accommodate persons who are not members of the keeper’s
family. Lodging, but not meals, is provided for compensation.
48. Loading Space.
A space within the main building
or on the same lot therewith, providing for the standing, loading
or unloading of trucks, and having a minimum dimension of 12 by 35
feet and a vertical clearance of at least fourteen (14) feet.
49. Lot Area.
The “lot area” is the
area of a horizontal plane intercepted by the vertical projections
of the front, side, and rear lot lines of a building lot.
50. Lot Area Per Dwelling Unit.
“Lot area
per dwelling unit” is the lot area required for each dwelling
unit located on a building lot.
51. Lot, Corner.
A “corner lot” is
a building lot situated at the intersection of two streets, the interior
angle of such intersection not to exceed 135 degrees.
52. Lot Depth.
“Lot Depth” is the mean
horizontal distance between the front lot line and the rear lot line
of a building lot measured within the lot boundary.
53. Lot, Interior.
An “interior lot”
is a building lot other than a corner lot.
54. Lot Line.
A “lot line” is a boundary
of a building lot.
55. Lot Line, Front.
A “front lot line”
is that boundary of a building which is the line of an existing or
dedicated street. Upon corner lots either street line may be selected
as the front lot line providing a front and rear yard are provided
adjacent and opposite, respectively to the front lot line.
56. Lot Line, Side.
A “side lot line”
is any boundary of a building lot which is not a front lot line or
a rear lot line.
57. Lot Line, Rear.
The “rear lot line”
is that boundary of a building lot which is most distant from and
is, or is most nearly, parallel to the front lot line.
58. Lot Of Record.
A “lot of record”
is an area of land designated as a lot on a plat of a subdivision
recorded pursuant to statutes of the State of Texas with the County
Clerk (County of Rusk or Smith, Texas) or an area of land held in
single ownership described by metes and bounds upon a deed recorded
or registered with the County Clerk.
59. Lot, Reverse Corner.
A “reverse corner
lot” is a corner lot, rear lot line of the street which abuts
the side lot line of the lot to its rear.
60. Lot Width.
The “lot width” is the
minimum distance measured in a straight line between the side lot
lines of a building lot along a straight line, which shall be on the
side of the building line opposite from the front lot line and one
which must touch the building line at one point.
61. Lot, Through.
A “through lot” is
a building lot not a corner lot, both the front and rear lot lines
which adjoin street lines. On a “through lot” both street
lines shall be deemed front lot line.
62. Marquee Or Canopy.
A “marquee or canopy”
is a roof-like structure of a permanent nature which projects from
the wall of a building or overhangs a public way.
63. Mobile Home.
A mobile home is a vehicle used
for living or sleeping purposes and standing on wheels or rigid supports,
but which when properly equipped and situated can be towed behind
a motor vehicle. A trailer coach is a mobile home.
64. Mobile Home Park.
A “mobile home park”
is any premises on which one or more mobile homes are parked or situated
and used for living or sleeping purposes, or any premises used or
held out for the purpose of supplying to the public a parking space
for one or more mobile homes whether such vehicles stand on wheels
or on rigid supports. A “trailer park” is a mobile home
park.
65. Motel, Motor Hotel, or Tourist Court.
A “motel,”
“motor hotel,” or “tourist court” is an establishment
offering to the transient public the use of guest rooms or sleeping
accommodations for compensation. Such an establishment consists of
a group of attached or detached guest rooms or sleeping accommodations
the majority of which have private and direct access from parking
areas not through a common entrance and lobby. The establishment furnishes
customary hotel services and many contain a restaurant, club, lounge,
banquet hall and/or meeting rooms. A motel is a nonresidential use.
66. Motor Freight Terminal.
A “motor freight
terminal” is a building or area in which freight brought by
motor truck is assembled and/or stored for shipping in interstate
and intrastate commerce by motor truck. A motor freight terminal is
a truck terminal.
67. Nonconforming Use.
A “nonconforming use”
is any building or land lawfully occupied by a use at the time of
the adoption of this ordinance or amendments thereto, not permitted
by the use regulations, lot requirements, or other regulations of
this ordinance of the district in which it is attained.
68. Noxious Matter.
“Noxious matter”
is a material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
upon the physical or economic well-being or comfort of humans.
69. Open Space.
“Open space” is that
part of a building lot, including courts or yards, which:
a) Is open
and unobstructed from its lowest level to the sky, and
b) Is accessible
to all residents upon a building lot, and
c) Is not
part of the roof of that portion of the building containing dwelling
units.
70. Open Storage.
“Open storage” is
the storage of any equipment, machinery, commodities, raw, semi-finished
materials, and building materials, not accessory to a residential
use which is visible from any point on the building lot line when
viewed from ground level to six feet above ground level.
71. Parking Space.
A “parking space”
is a surface area, enclosed or unenclosed sufficient in size to store
one automobile together with a surfaced driveway connecting the parking
space with the street or alley and permitting ingress or egress of
an automobile. A “parking space” shall not occupy any
public land.
72. Public Parks.
A “public park” is
any publicly owned park, playground, beach, parkway, or roadway within
the jurisdiction and control of the City.
73. Rest Home or Nursing Home.
A “rest home”
or “nursing home” is a private home for the care of children
or the aged or infirm or a place of rest for those suffering bodily
disorders. Such homes do not contain facilities for surgical care
of the treatment of disease or injury.
74. Screening Device.
A “screening device”
shall consist of a barrier of stone, brick, pierced brick or block,
uniformly colored wood, or other permanent material of equal character,
density, and acceptable design, at least six (6) feet in height, where
the solid area equals at least sixty-five (65) percent of the wall
surface, including an entrance gate or gates. Such screening device
shall be continuously maintained.
75. Servant’s Quarters.
A “servant’s
quarters” is an accessory building or portion of a main building
located on the same lot as the principal building, occupied only by
such persons and their families as are employed full-time by the occupants
of the principal residence.
76. Sign.
A “sign” is a name, identification,
description, display, or illustration which is affixed to, or represented
directly or indirectly upon a building, structure, or piece of land
and which directs attention to an object, product, place, activity,
institution, or business. A “sign” is not a display of
official court or public office notices nor is it a flag, emblem,
or insignia of a nation, political unit, school, or religious group.
A “sign” shall not include a sign located completely within
an enclosed building.
77. Sign, Advertising.
An “advertising sign”
is a sign which directs attention to a business or profession conducted,
or to a commodity, service, or entertainment sold or offered upon
the premises where such sign is located, or to which it is affixed.
78. Sign, Business.
A “business sign”
is a sign which directs attention to a business or profession conducted,
or to a commodity, service, or entertainment sold or offered upon
the premises.
79. Sign, Flashing.
A “flashing sign”
is an illuminated sign on which the artificial light is not maintained
stationary, or in constant intensity or color at all times when such
sign is in use. For the purpose of this ordinance, any revolving illuminated
sign shall be considered a flashing sign.
80. Sign, Illuminated.
An “illuminated sign”
is any sign designed to give forth any artificial light, or designed
to reflect light from one or more sources, natural or artificial.
81. Story.
A “story” is that part of
a building between the surface of a floor and the ceiling immediately
above.
82. Street.
A “street” is a public
right-of-way which affords a primary means to access to abutting property.
A driveway or alley which serves only to give secondary vehicular
access to a building lot or to an accessory parking or loading facility,
or to allow vehicles to take or discharge passengers at the entrance
to a building shall not be considered a street.
83. Street Line.
A “street line” is
the right-of-way line of a street.
84. Toxic Materials.
“Toxic materials”
are those materials which are capable of causing injury to living
organisms by chemical means when present in relatively small amounts.
85. Trailer Camp.
A “trailer camp”
is any premises on which one or more house trailers are parked or
situated and used for living or sleeping purposes, or any premises
used or held out for the purpose of supplying to the public a parking
space for one or more house trailers whether such vehicles stand on
wheels or rigid supports.
86. Trailer, House.
A “trailer house”
is a vehicle used for living or sleeping purposes and standing on
wheels or on rigid supports, but which when properly equipped and
situated can be towed behind a motor vehicle. A house trailer is not
a residence as herein defined.
87. Use.
The “use” of property is the
purpose or activity for which the land, or building thereon, is designed,
arranged, or intended, or for which it is occupied or maintained,
and shall include any manner of such activity with respect to the
standards of this ordinance.
88. Use, Principal.
A “principal use”
is the main use of land or buildings as distinguished from a subordinate
or accessory use.
89. Visual Screen.
A “visual screen”
is a wall, not of living plant material, permanently affixed to the
ground in which the area of all openings and cracks in each square
foot of wall and entrance gates shall not exceed 14 square inches
and the wall is of sufficient height so that the objects being screened
are not visible from any point on the lot line when viewed from any
height between ground level and seven feet above ground level. No
wall shall exceed 10 feet in height.
90. Yard.
A “yard” is an open space
on the same building lot with a building, unoccupied and unobstructed
by any portion of a structure from the ground upward, except as otherwise
provided. In measuring a yard for the purpose of determining the width
of a side yard, the depth of a rear yard, and the depth of a front
yard, the minimum horizontal distance between the building site and
the lot line shall be used. A “yard” extends along a lot
line and at right angles to such lot line to a depth or width specified
in the yard regulations of the zoning district in which such building
is located.
91. Yard, Front.
A “front yard” is
a yard extending across the rear of a lot between the side lot lines
and being the minimum horizontal distance between the rear lot line
and the rear of the principal building or any projections thereof
other than steps, unenclosed balconies, or unenclosed porches.
92. Yard, Rear.
A “rear yard” is a
yard extending across the rear of a lot between the side lot lines
and being the minimum horizontal distance between the rear lot line
and the rear of the principal building or any projections thereof
other than steps, unenclosed balconies, or unenclosed porches.
93. Yard, Side.
A “side yard” is a
yard extending along the side lot line from the front yard to the
rear yard, being the minimum horizontal distance between any building
or projections thereof except steps and the side lot line.
94. Zoning District Map.
The “zoning district
map” is the map or maps incorporated into this ordinance as
a part hereof by reference thereto.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2016-08-18A adopted 8/18/16)
For the purposes of this Ordinance, the City is hereby divided
into nine (9) districts as follows:
District SF
|
Single-Family Residential District
|
District MF
|
Multi-Family Residential District
|
District MH
|
Mobile Home District
|
District PD
|
Community Unit District [Planned Development District]
|
District LC
|
Local Business District
|
District GB
|
General Business District
|
District LI
|
Light Industrial District
|
District HI
|
Heavy Industrial District
|
District AO
|
Agricultural-Open Space District
|
The location and boundaries of the districts herein established
are shown upon the Official Zoning Map, which is hereby incorporated
into this Ordinance. Said Zoning Map, together with all notations,
references, and other information shown thereon and all amendments
thereto, shall be as much a part of this Ordinance as is fully set
forth and described herein. Said Zoning Map, properly attested, is
on file in the office of the City Secretary; one (1) copy shall be
maintained in the office of the Building Inspector.
(Ordinance 2014-10-07A adopted 10/7/14)
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts shown on the Zoning Map, the following
rules shall apply:
1. Where district
boundaries are indicated as approximately following the centerlines
of streets or highways, street lines or highway right-of-way lines,
such centerlines, street lines, or highway right-of-way lines shall
be construed to be said boundaries.
2. Where district
boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries.
3. Where district
boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines of
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom
as indicated on the Zoning Map. If no distance is given, such dimension
shall be determined by the use of the scale on said Zoning Map.
4. If unsubdivided
property, the district boundary lines on the Zoning Map shall be determined
by use of the scale appearing on the map.
5. In the case
of a district boundary line dividing a property into two (2) parts
the district boundary line shall be construed to be the property line
nearest the district boundary line as shown.
6. Whenever
any street, alley or other public way is vacated by official action
of the City Council, the zoning district adjoining each side of such
street, alley, or public way shall be automatically extended to the
center of such vacation and all area included in the vacation shall
then and henceforth be subject to all regulations of the extended
districts.
7. Where the
streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning Map, the streets or alleys on the ground shall
control.
(Ordinance 2014-10-07A adopted 10/7/14)
Except as hereinafter specifically provided:
1. No land
shall be used except for a purpose permitted in the district in which
it is located.
2. No building
shall be erected, converted, enlarged, reconstructed, moved or structurally
altered, nor shall any building be used, except for a use permitted
in the district in which such building is located.
3. No building
shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
4. No building
shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district
in which such building is located.
5. No building
shall be erected, or structurally altered to the extent specifically
provided hereinafter except in conformity with the off-street parking
and loading regulations of the district in which such building is
located.
6. The minimum
yards, parking spaces, and open spaces, including lot area per family,
required by this Ordinance for each and every building existing at
the time of passage of this Ordinance or for any building hereafter
erected, shall not be encroached upon or considered as part of the
yard or parking space or open space required for any other building,
nor shall any lot area be reduced below the requirements of this Ordinance
for the district in which such lot is located.
7. Every building
hereafter erected or structurally altered shall be located on a lot
as herein defined, and, except as hereinafter provided, there shall
not be more than one main building on one lot.
(Ordinance 2014-10-07A adopted 10/7/14)
5A.1 Part
IV contains a schedule of land uses (hereinafter referred to as the
“Land Use Schedule”) which are authorized and permissible
within each of the respective types of Zoning Districts which are
designated in Part II, and the boundaries of which are established
by the City Zoning Map adopted in Part III, Section 19 of this Ordinance.
5A.2 Any land
use not authorized by said schedule for the Zoning District involved
is prohibited as a violation of this Ordinance, unless
a. Such use
is authorized under Special Use Permit as provided for in Section
17; or
b. Such use
is a lawful nonconforming uses as provided in Section 18; or
c. Such use
is permitted under any other exception or variance authorized under
any other provision of this Ordinance.
5A.3 New land
uses which develop, and land uses not listed in the Land Use Schedule,
shall be classified and added to the Schedule in accordance with the
following procedure:
a. The Community
Development Department shall receive any application for such classification
of new or unlisted land use, and shall require reasonable data to
be provided to permit such determination and classification to be
made; and all which shall be transmitted to the Planning and Zoning
Commission with its additional findings and recommendations if any.
b. The Planning
and Zoning Commission shall make such additional study and require
such additional data as it deems advisable and shall transmit its
recommendations to the City Council. The Commission may initiate such
study and recommendation on its own motion.
c. The City
Council shall by resolution make such determination and classification
as it deems appropriate based on its findings.
d. The Community
Development Department shall maintain record copies of all such resolutions
as an appendix to this Ordinance; post such added use classification
to current reference copies of the Land Use Schedule; and inform other
municipal agencies concerned of the change so made.
(Ordinance 2015-05-21A, sec. 4,
adopted 5/21/15)