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.
22.
Cellar.
See Basement.
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.
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
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)