SINGLE-FAMILY RESIDENTIAL DISTRICT.
6.01 RESERVED.
Editor’s note–Section 6.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
6.02 HEIGHT
REGULATIONS.
No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
6.03 AREA
REGULATIONS.
1. Size
of Yards.
(a) Front Yard.
There shall be a front yard having a depth
of not less than twenty-five (25) feet. Where lots have double frontage,
running through from one street to another, the required front yard
shall be provided on both streets. No parking shall be allowed within
the required front yard.
(b) Side Yard.
There shall be a side yard on each side of
the lot having a width of not less than ten (10) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
No side yard for allowable nonresidential uses shall be less than
twenty-five (25) feet.
(c) Rear Yard.
There shall be a rear yard having a depth
of not less than twenty-five (25) feet.
2. Size
of Lot:
(a) Lot Area:
No building shall be constructed on any lot
of less than six thousand (6,000) square feet.
(b) Lot Width:
The width of the lot shall be not less than
fifty (50) feet at the front street building line, nor shall its average
width be less than fifty (50) feet.
(c) Lot Depth:
The average depth of the lot shall not be
less than one hundred twenty (120) feet, except that a corner lot,
having a minimum width of not less than eighty (80) feet, may have
an average depth of less than one hundred twenty (120) feet provided
that the minimum depth is no less than ninety (90) feet.
(d) Where
a lot having less area, width, and/or depth than herein required existed
in separate ownership upon the effective date of this Ordinance, the
above regulations shall not prohibit the erection of a one-family
dwelling thereon.
3. Lot Coverage:
In no case shall more than forty (40) percent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
6.04 PARKING
REGULATIONS.
Off-street parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 15.
6.05 MINIMUM
AREA PER DWELLING UNIT.
Zoning District
|
Lot Size
|
Minimum Sq. Ft. of Living Area
|
Maximum Building(s) Footprint
|
---|
SF
|
Lots with 6,000 sq. ft. or more
|
1,000 sq. ft.
|
40% lot coverage
|
SF
|
Lots with less than 6,000 sq. ft.
|
750 sq. ft.
|
40% lot coverage
|
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15; Ordinance 2016-08-18A adopted 8/18/16)
MULTI-FAMILY RESIDENTIAL DISTRICT.
7.01 RESERVED.
Editor’s note–Section 7.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
7.02 HEIGHT
REGULATIONS.
No building shall exceed forty-five (45) feet or three (3) stories
in height, except that a building may be erected to a height of eighty
(80) feet and eight (8) stories if set back from all required yard
lines a distance of one (1) foot for each two (2) feet of additional
height above forty-five (45) feet.
7.03 AREA
REGULATIONS.
1. Size
Of Yards:
(a) Front Yard:
Same as District “SF”.
(b) Side Yard:
There shall be a side yard on each side of
the lot having a width of not less than ten (10) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
No side yard for allowable nonresidential uses shall be less than
fifteen (15) feet.
(c) Rear Yard:
Same as District “SF”.
2. Size
Of Lot.
(a) Lot Area:
No building shall be constructed on any lot
of less than five thousand (5,000) square feet. No building containing
two (2) or more dwelling units shall be constructed on any lot of
less than six thousand (6,000) square feet. No lot shall contain less
than fifteen hundred (1,500) square feet per dwelling unit, providing,
however, that this regulation shall not apply to hotels, apartment
hotels, or motels where no cooking is done in any individual room.
(b) Lot Width:
The width of the lot shall not be less than
fifty (50) feet at the front street building line, nor shall its average
width be less than fifty (50) feet.
(c) Lot Depth:
The average depth of the lot shall not be
less than one hundred (100) feet, except that a corner lot, having
a minimum width of not less than eighty (80) feet, may have an average
depth of less than one hundred (100) feet provided that the minimum
depth is no less than eighty (80) feet.
(d) Where
a lot having less area, width and/or depth than that herein required
existed in separate ownership upon the effective date of this Ordinance,
the above regulations shall not prohibit the erection of a one-family
dwelling thereon, or a two-family or three-family dwelling on a lot
containing not less than five thousand (5,000) square feet.
3. Lot Coverage.
In no case shall more than forty (40) percent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
7.04 PARKING
REGULATIONS.
Off-street parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 14 [15].
7.05 MINIMUM
AREA PER DWELLING UNIT.
Zoning District
|
Lot Size
|
Minimum Sq. Ft. of Living Area
|
Maximum Building(s) Footprint
|
---|
MF
|
Lots with 6,000 sq. ft. or more
|
600 sq. ft. per dwelling unit (each additional bedroom must
be a minimum of 100 additional sq. ft.)
|
40% lot coverage
|
MF
|
Lots with less than 6,000 sq. ft.
|
500 sq. ft. per dwelling unit (each additional bedroom must
be a minimum of 100 additional sq. ft.)
|
40% lot coverage
|
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15; Ordinance 2016-08-18A adopted 8/18/16)
MOBILE HOME DISTRICT
8.01 RESERVED.
Editor’s note–Section 8.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
8.02 LOCATION
OF MANUFACTURED HOMES & MANUFACTURED HOME PARKS.
1. It shall
be unlawful for any person to locate or maintain any manufactured
home (formerly called mobile home) in any place in the City other
than in a lawfully designated and duly licensed manufactured home
park or subdivision, except that manufactured homes may be in an acceptable
manufactured home sales location, as a temporary office or other similar
temporary use, and except that one small so-called “camper trailer”
intended for private recreational use may be kept as an unoccupied
accessory use to a dwelling unit. A manufactured home kept under an
exception shall not be used for living or sleeping purposes.
2. Manufactured
Home Parks or Subdivision Districts will be granted only as an amendment
to the Zoning Ordinance. The granting of each Manufactured Home Park
or Subdivision District will be judged on the merits of each individual
request for an amendment.
3. The location
of Manufactured Home Parks shall be in general conformance with the
Comprehensive Plan of the City, shall be located adjacent to a thoroughfare
or a commercial area which is adjacent to a thoroughfare, and should
generally not be surrounded by single-family residential areas.
8.03 MANUFACTURED
HOMES TIE-DOWN REGULATIONS.
Effective November 25, 2012 and December 25, 2012: All manufactured
homes installations must be installed in compliance with the Administrative
Rules of the Texas Department of Housing and Community Affairs 10
Texas Administrative Code, Chapter 80; Subchapter B: Installation
Standards and Device Approvals; Sections: 80.20; 80.21; 80.22; 80.23;
80.24; 80.25; 80.26 (Not included herewithin)
Overton lies in the 70 mph windstorm belt of the United States.
For this reason the installation of any Manufactured Home must comply
with the most current regulations of the Manufactured Housing Rules
as outlined by the Texas Department of Housing and Community Affairs
Administrative Code, Chapter 80.
8.04 PARKING
REGULATIONS.
Off-street parking spaces shall be provided in accordance with
requirements for parking as set forth in Section 15.
8.05 DEFINITIONS.
As used in this Article, the following terms shall have the
respective meaning ascribed to them:
1. “Manufactured
Housing” or “Manufactured Home” means a mobile home
or a modular home or both.
2. “Single
Section Mobile Home” means a structure, transportable in one
or more sections, which is twelve (12) body feet or more in width
and fifty-two (52) body feet or more in length, and which is built
on a permanent chassis and is designed to be used as a dwelling with
a permanent foundation when connected to the required utilities and
includes plumbing, heating, air conditioning, and electrical systems
contained therein. For purposes in these regulations, the term includes
only those structures manufactured after June 15, 1976, and bearing
a mobile home label of the U.S. Department of Housing and Urban Development.
The unit shall be:
A. Placed
on a permanent foundation as defined in The Southern Building Code,
Section 1302 - Footings and Foundations.
B. Underpinned/skirted:
1. Completely
around the structure from the base of the mobile home to the ground
level beneath;
2. Of
material with similar appearance to the mobile home (or) masonry material;
3. Weather-resistant
material and material specifically designed by the mobile home manufacturers
for skirting (not to be construed to mean sheetmetal or scrap metal
or polyurethane scrap material);
3. “Multi-Section
Mobile Home” means a structure transportable in two or more
sections, which when placed on a site is a minimum or [of] twenty-four
(24) feet in width and a minimum of forty (40) feet in length and
which is built on a permanent chassis and is designed to be used as
a dwelling with a permanent foundation when connected to the required
utilities and includes plumbing, heating, air conditioning and electrical
systems contained therein. For purposes in these regulations, the
term includes only those structures manufactured after June 15, 1976,
and bearing a mobile home label of the U.S. Department of Housing
and Urban Development. The unit shall be:
A. placed
on a permanent foundation as defined in The Standard Building Code:
published by The Southern Building Code, 1973 Edition, with 1976 amendments
- Section 1302 - Footings and Foundations.
B. underpinned/skirted:
1. completely
around the structure from the base of mobile home to the ground level
beneath;
2. of
material with similar appearance to the mobile home (or) of masonry
material:
3. weather-resistant
material and material specifically designed by the mobile home manufacturers
for skirting (not to be construed to mean sheetmetal or scrap metal
or polyurethane scrap material);
4. skirted
in such a way as not to allow access to the underside of the mobile
home for storage and/or trash accumulation but access only for repair
to the mobile home.
4. “Modular
Home” means a structure or building module that is manufactured
at a location other than the location where it is installed and used
as a residence by a consumer, transportable in one or more sections
on a temporary chassis or other conveyance device, and is designed
to be used as a permanent dwelling when installed and placed upon
a permanent foundation system. The term includes the plumbing, heating,
air conditioning and electrical systems contained in the structure.
The term does not include a mobile home as defined in this ordinance,
nor does it include building modules incorporating concrete or masonry
as the primary structural component. For purposes in these regulations,
the term includes only those structures manufactured after May 1,
1980, and bearing a modular decal of the Manufactured Housing Division,
Texas Department of Labor and Standards.
5. “Modular
Home” (not bearing a modular decal of the Manufactured Housing
Division, Texas Department of Labor and Standards) means a dwelling
that is manufactured at a location other than the location where it
is installed and used as a residence by a consumer, transportable
in one or more sections designed to be used as a permanent dwelling
when installed and placed upon a permanent foundation system. The
term includes the plumbing, heating, air conditioning and electrical
systems contained therein. The term does not include a mobile home
as defined in this ordinance, nor does it include building modules
incorporating concrete or masonry as the primary structural component.
A. Any
home built outside of the City of Overton to be moved into the City
shall be built according to the following building codes: Building
Code, Electrical Code, Plumbing Code and Heating and Air Conditioning
Code. The builder and/or mover shall comply with the House Moving
Code when such home is brought into the City of Overton.
B. Must
bear Certificate of Compliance by a registered architect or engineer
(or)
be inspected by the City of Overton Inspection Department with
an additional charge of $1.00 per mile traveled to the site of the
inspection.
6. A building
permit must be issued before a Modular, Manufactured or Mobile Home
is brought to the site, the same as for a site-built home, at the
fee schedule.
8.06 PHYSICAL
REQUIREMENTS
1. Front
Yard.
A There
shall be a front yard having a minimum depth of twenty-five (25) feet,
except as hereinafter provided in the Section on Exceptions and Variations.
B Where
lots have a double frontage, running through from one street to another,
the required front yard shall be provided on both streets.
2. Side
Yard.
There shall be a side yard an each side of the
lot, having a width of not less than ten (10) feet, except that the
side yard of a corner lot adjacent to a side street shall not be less
than ten (10) feet. The side yard of corner lots having adjoining
structures fronting on two streets shall have a thirty (30) foot side
yard.
3. Rear
Yard.
There shall be a rear yard having a depth of not
less than twenty-five (25) feet of the depth of the lot.
4. Area
of the Lot.
The minimum area of the lot shall be five
thousand (5000) feet; however, a lot having an areas of less than
five thousand (5000) square feet that was of record prior to the passage
of this ordinance may be used for any use permitted in this Article.
5. Width
of Lots.
The minimum width of the lot shall be fifty
(50) feet.
6. Minimum
Depth of Lot.
The minimum depth of the lot shall be ninety
(90) feet. Lots backing up to major thoroughfares shall have a minimum
depth of one hundred twenty (120) feet.
8.07 RESERVED.
Editor’s note–Section 8.07, “Notification
Requirements,” which derived from Ordinance 31594 adopted 3/15/93,
was repealed by Ordinance 2015-05-21A adopted 5/21/15.
8.08 PENALTIES.
Any person violating any of the provisions of this Article shall
be deemed guilty of a misdemeanor for each day of instance of noncompliance;
and, upon conviction, shall be subject to a fine of no more than two
hundred dollars ($200.00) per instance.
8.09 [SEVERABILITY.]
That is [if] any section, part or provision of this Ordinance
is declared unconstitutional or invalid, then and in that event, it
is expressly provided and it is the intention of the City Commission
in passing this Ordinance, that all other parts of this Ordinance
shall not be affected thereby and shall remain in full force and effect.
8.10 [EFFECTIVE
DATE.]
This ordinance shall become and be in full force and effect
from and after its passage and approval.
Editor’s note–Subsections 8.05–8.10
were added by Ordinance 31594 adopted 3/15/93, which was attached
to the reenactment of the zoning ordinance adopted by Ordinance 2014-10-07A.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, secs. 1003, adopted 5/21/15)
PLANNED DEVELOPMENT DISTRICT
Purpose: It is the intended purpose of
this zoning district to provide for the unified and coordinated development
of parcels or tracts of primarily vacant land designated as “PD”
on the Official Zoning District Map. Certain freedom of choice as
to intended land use shall be permitted, provided that the special
requirements which may apply are complied with and that the intended
uses are not in conflict with the general purpose and intent of this
Ordinance.
9.01 RESERVED.
Editor’s note–Section 9.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
9.02 HEIGHT,
LOT, AND YARD REQUIREMENTS.
The height, lot, and yard requirements shall be as follows:
1. For Residential
Use.
(a) Areas designated for single-family use shall comply with all of the requirements of Subsection
6.02; 6.03; Height, Lot, and Yard Requirements.
(b) Areas designated for multiple-family use shall comply with all of the requirements of Subsection
7.02; 7.03; Height, Lot, and Yard Requirements.
2. For Nonresidential
Uses.
(a) There shall be no height, lot, or yard requirements for nonresidential uses within this zoning district where located in the area designated for commercial use, except in Subsection
8.04 [9.04].
9.03 PARKING
REGULATIONS.
Off-street parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 17.1 [15.01].
9.04 SPECIAL
CONDITIONS.
The following special conditions shall apply to uses located
in this zoning district:
1. Land within
the “PD” District may be developed for single-family purposes,
including customary accessory uses, without the requirements of Section
20.03, Approval of Planned Development Plans, having been fulfilled.
Normal subdivision approval, as required by the City Planning Commission,
is still necessary.
2. A minimum
land area of ten (10) acres shall be required before development of
uses other than those permitted by Subsection 9.04(1) will be approved
by the Building Inspector.
3. A “Plan” as described in Subsection
20.03, Approval of Planned Development Plans, shall be submitted for approval to the Building Inspector in the following instances:
(a) When
an area to be developed as a related project involves other than single
ownership or control; and/or
(b) When
the contemplated development involves uses other than those permitted
by Subsection 9.04(1).
4. Property
to be developed for nonresidential purposes, other than public and
semi-public uses, shall be located upon a major thoroughfare, except
if it abuts property which is zoned for commercial purposes and has
major street frontage. A plan for the development of the property,
showing adequate access to and from the major street, shall be submitted
to the Building Inspector.
5. Property
to be developed for multiple-family residential purposes shall be
located upon a major thoroughfare, contiguous to an area zoned for
commercial purposes and having major street frontage, or contiguous
to an area to be developed to commercial activities.
6. Commercial
areas separated by an area of a different type use shall not be closer
than three hundred (300) feet when on the same side of the major street
they front. This shall not preclude the development of two areas,
under single ownership and both within a “PD” District,
separated by a street, alley, or easement.
7. An area
proposed for commercial use shall not extend into the interior of
any “Plan” a distance greater than the major street frontage
to be devoted to such commercial use. Prior to the issuance of a certificate
of occupancy, a screening device, as defined in Section 2(74) of this
Ordinance, shall be built along that boundary of the area proposed
for commercial use which abuts property developed, zoned, or designated
for any type of residential use and which is under different ownership.
However, where land proposed on a “Plan” for commercial
use extends more than three hundred (300) feet back from the major
street, measured at right angles to the right-of-way line, and abuts
property developed or zoned for any type of residential use under
different ownership, or if such land abuts other land in a “PD”
District under different ownership, then the proposed commercial use
so located may be approved only under the following conditions:
(a) That
an area of at least one hundred fifty (150) feet in width be provided
in which no structure, other than the screening device required above
and necessary light devices, shall be permitted. This area shall be
measured between the boundary of the abutting property described in
the preceding paragraph and any intended structure and shall extend
the entire depth of the commercial use area which is in excess of
the three hundred (300) feet of depth allowed in the preceding paragraph.
A paved parking area may be provided within this 150-foot area; however,
lighting standards or fixtures shall be regulated as prescribed in
Subsection 9.04(8).
8. Lighting
devices in conjunction with commercial uses or parking lots shall
not be operated so as to produce direct or reflected light or glare
across abutting property lines.
9. Loudspeakers
and similar devices in conjunction with commercial uses or parking
lots shall not be operated so as to direct sound across abutting property
lines.
10. No portion
of any multi-family dwelling structure or permitted accessory use
structure shall be further than three hundred (300) feet from an accessible
dedicated and accepted public street.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
LOCAL BUSINESS DISTRICT.
10.01 RESERVED.
Editor’s note–Section 10.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
10.02 HEIGHT
REGULATIONS.
Same as District “MF”.
10.03 AREA
REGULATIONS.
1. Size
of Yards.
(a) Front Yards:
(1) Residential:
Same as District “SF”.
(2) Other Uses:
There shall be a front yard having a minimum
depth of twenty-five (25) feet. No parking, storage or similar use
shall be allowed in required front yards in District “LC”,
except that automobile parking will be permitted in such yards if
separated by at least one hundred (100) feet from a Residential District.
(b) Side Yard.
(1) Residential:
There shall be a side yard on each side
of the lot having a width of not less than ten (10) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(2) Other Use:
A side yard of not less than fifteen (15)
feet in width shall be provided on the side of a lot adjoining a side
street. A side yard of not less than ten (10) feet in width shall
be provided on the side of a lot adjoining a Residential District.
Otherwise, no side yard is required. No parking, storage, or similar
use shall be allowed in any required side yard or in any required
side street yard adjoining a Residential District.
(c) Rear Yard.
(1) Residential:
Same as District “SF”.
(2) Other Use:
No rear yard is required except that a rear
yard of not less than twenty-five (25) feet in depth shall be provided
upon that portion of a lot abutting or across a rear street from a
Residential District.
2. Size
of Lot.
(a) Residential:
Same as District “MF”.
(b) Other Use:
No limitations.
10.04 PARKING
AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 15.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
GENERAL BUSINESS DISTRICT.
11.01 RESERVED.
Editor’s note–Section 11.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
11.02 HEIGHT
REGULATIONS.
1. Residential:
Same as District “MF”.
2. Other
Use:
No building shall exceed in height the width of
the street on which it faces plus the depth of the front yard. On
a lot adjoining a Residential District, no building shall exceed forty-five
(45) feet in height, except that this height may be increased up to
the maximum allowed elsewhere in District “GB” at the
rate of two (2) feet of additional height for each one (1) foot of
additional setback from required yard lines.
11.03 AREA
REGULATION.
1. Size
Of Yards.
(a) Front Yard:
(1) Residential:
Same as District “SF”.
(2) Other Use:
Where all the frontage on both sides of the
street between two intersecting streets is located in District “GB”,
no front yard is required. Where the frontage on one side of the street
between two intersecting streets is located partly in District “GB”
and partly in a Residential District, the front yard shall conform
to the Residential District regulations for a distance of not less
than three hundred (300) feet from the district boundary. Where a
front yard is required along the frontage on one side of a street,
the front yard requirements of the property directly opposite on the
other side of the street shall be not less than fifteen (15) feet,
except that such yard requirement shall not apply where the property
in the Residential District backs up to the street. No parking, storage
or similar use shall be allowed in required front yards in District
“GB”.
(b) Side Yards.
(1) Residential.
Same as District “MF”.
(2) Other Use.
No side yard is required except that a side
yard of not less than ten (10) feet in width or a side street yard
of not less than fifteen (15) feet in width shall be provided on the
side of the lot adjoining or across a side street from a Residential
District. No parking, storage or similar use shall be allowed in required
side yards or side street yards in District “GB”.
(c) Rear Yards.
(1) Residential:
Same as District “SF”.
(2) Other Use:
No rear yard is required except that a rear
yard of not less than twenty-five (25) feet in depth shall be provided
upon that portion of a lot abutting or across a rear street from a
Residential District, except that such yard requirement shall not
apply where the property in the Residential District also backs up
to the rear street.
2. Size
of Lot.
(a) Residential:
Same as District “MF”.
(b) Other Use:
No limitations.
3. Lot
Coverage.
(a) Residential:
Same as District “MF”.
(b) Other Use:
No limitations.
11.04 PARKING
AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 15.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
LIGHT INDUSTRIAL DISTRICT.
12.01 RESERVED.
Editor’s note–Section 12.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
12.02 HEIGHT
REGULATIONS.
No building shall exceed in height the width of the street on
which it faces plus the depth of the front yard.
12.03 AREA
REGULATIONS.
1. Size
Of Yards.
(a) Front Yards:
Where none of the frontage on either side
of the street between two intersecting streets is located in a Residential
District, no front yard is required. Where the frontage on one side
of the street between two intersecting streets is located partly in
District “LC” and partly in a Residential District, the
front yard shall conform to the Residential District regulations for
a distance of not less than three hundred (300) feet from the district
boundary. Where a front yard is required along the frontage on one
side of a street, the front yard requirements of the property directly
opposite on the other side of the street shall be not less than twenty-five
(25) feet. No parking, storage or similar use shall be allowed in
required front yards in District “LI”.
(b) Side Yards:
No side yard is required except that a side
street yard of not less than twenty-five (25) feet in width shall
be provided on the side of the lot adjoining or across a side street
from a Residential District. No parking, storage or similar use shall
be allowed in required side yards or side street yards in District
“LI”.
(c) Rear Yards:
No rear yard is required except that a rear
yard of not less than fifty (50) feet in depth shall be provided upon
that portion of a lot abutting or across a rear street from a residential
district, except that such yard requirement shall not apply where
the property in the residential district also backs up to the rear
street. No parking, storage or similar use shall be allowed in required
rear yards in District “LI” within twenty-five (25) feet
of the rear property line.
2. Size
Of Lot:
No minimum lot size is required in the “LI”
District.
3. Lot
Coverage:
No minimum coverage is required in the “LI”
District.
12.04 PARKING
AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 15.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
HEAVY INDUSTRIAL DISTRICT.
13.01 RESERVED.
Editor’s note–Section 13.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
13.02 HEIGHT
REGULATIONS.
Same as District “LI”.
13.03 AREA
REGULATIONS.
1. Size
Of Yards.
(a) Front Yards:
Where none of the frontage on either side
of the street between two intersecting streets is located in a Residential
or Commercial District, no front yard is required. Where the frontage
on one side of the street between two intersecting streets is located
partly in District “HI” and partly in a Residential District,
the front yard shall conform to the Residential District regulations
for a distance of not less than three hundred (300) feet from the
district boundary. Where the frontage on one side of a street is in
a Residential District or Commercial District, the front yard requirements
of the property directly opposite on the other side of the street
shall be not less than fifty (50) feet. No parking, storage or similar
use shall be allowed in required front yards in District “HI”
within twenty-five (25) feet of the street line.
(b) Side Yards:
No side yard is required except that a side
yard or a side street yard of not less than fifty (50) feet in width
shall be provided on the side of the lot adjoining or across the street
from a Residential or Commercial District. No parking, storage or
similar use shall be allowed in required side yards in District “HI”
within twenty-five (25) feet of the property line.
(c) Rear Yards:
No rear yard is required except that a rear
yard of not less than fifty (50) feet in depth shall be provided upon
that portion of a lot abutting or across a rear street from a Residential
or Commercial District. No parking, storage or similar use shall be
allowed in required rear yards in District “HI” within
twenty-five (25) feet of the rear property line.
2. Size
Of Lot:
No minimum lot area required in the “HI”
District.
3. Lot
Coverage:
No minimum coverage is required in the “HI”
District.
13.04 PARKING
AND LOADING REGULATIONS.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 15.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
AGRICULTURAL OPEN SPACE DISTRICT.
14.01 RESERVED.
Editor’s note–Section 14.01, “Use
Regulations,” which derived from Ordinance 2014-10-07A adopted
10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District
use regulations are now in part IV.
14.02 HEIGHT
REGULATIONS.
Same as “SF” District.
14.03 AREA
REGULATIONS.
Minimum area determinations shall be the prerogative of the
Planning and Zoning Commission: however, guidance in determining minimum
area shall be based upon guidelines set down in Section 18, Nonconforming
Uses, and Section 17, Special Use Permits, as otherwise applicable
in each separate situation.
14.04 PARKING
REGULATIONS.
Off-street parking shall be provided in accordance with requirements
set forth in Section 15.
(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)
15.01 PARKING
REQUIREMENTS BASED ON USE.
In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in Subsection
15.02), off-street parking spaces in accordance with the following requirements.
1. Bowling
alley:
Five (5) parking spaces for each alley.
2. Business
or professional office, studio, bank, medical or dental clinic:
Three (3) parking spaces plus one (1) additional parking space
for each two hundred (200) square feet of floor area over five hundred
(500).
3. Church
or other place of worship:
One (1) parking space for
each four (4) seats in the main auditorium.
4. Community
center, library, museum, or art gallery:
Ten (10) parking
spaces plus one (1) additional space for each three hundred (300)
square feet of floor area in excess of two thousand (2,000) square
feet. If an auditorium is included as a part of the building, its
floor area shall be deducted from the total and additional parking
provided on the basis of one (1) space for each four (4) seats that
it contains.
5. Dance
hall, assembly or exhibition hall without fixed seats:
One (1) parking space for each one hundred (100) square feet of floor
area used thereof.
6. Dwellings,
including single, two-family and multi-family:
One (1)
parking space for each dwelling unit.
7. Fraternity,
sorority, or dormitory:
One (1) parking space for each
two (2) beds.
8. Furniture
or appliance store, hardware store, wholesale establishments, machinery
or equipment sales and service, clothing or shoe repair or service
shop:
Two (2) parking spaces plus one (1) additional
parking space for each three hundred (300) square feet of floor area
over one thousand (1,000).
9. Hospital:
Four (4) parking spaces plus one (1) additional parking space
for each two (2) beds.
10. Hotel:
One (1) parking space for each sleeping room or suite plus (1)
space for each one hundred (100) square feet of commercial floor area
contained therein.
11. Manufacturing
or industrial establishment, research or testing laboratory, creamery,
bottling plant, warehouse, printing or plumbing shop, or similar establishment:
One (1) parking space for each employee on the maximum working
shift plus space to accommodate all trucks and other vehicles used
in connection therewith, but not less than one (1) parking space for
each six hundred (600) square feet of floor area.
12. Mortuary
or funeral home:
One (1) parking space for each Thirty
(30) square feet of floor space in slumber rooms, parlors or individual
funeral service rooms.
13. Mobile
Home Park:
Two (2) spaces for each mobile home plus additional
space as provided herein for accessory uses.
14. Motor
vehicle salesrooms and used car lots:
One (1) parking
space for each eight hundred (800) square feet of sales floor or lot
area.
15. Private
club, lodge, country club or golf club:
One (1) parking
space for each one hundred fifty (150) square feet of floor area or
for every five (5) members, whichever is greater.
16. Retail
store or personal service establishment, except as otherwise specified
herein:
One (1) parking space for each two hundred (200)
square feet of floor area.
17. Restaurant,
nightclub, cafe or similar recreation or amusement establishment:
One (1) parking space for each one hundred (100) square feet
of floor area.
18. Rooming
or boarding house:
One (1) parking space for each sleeping
room.
19. Sanitarium,
convalescent home, home for the aged or similar institution:
One (1) parking space for each three (3) beds.
20. School,
elementary:
One (1) parking space for each ten (10) seats
in the auditorium or main assembly room, or one (1) space for each
classroom, whichever is greater.
21. School,
secondary, and college:
One (1) parking space for each
four (4) seats in the main auditorium or ten (10) spaces for each
classroom, whichever is greater.
22. Theater,
auditorium (except school), sports arena, stadium, or gymnasium:
One (1) parking space for each four (4) seats or bench seating
spaces.
23. Tourist
home, cabin or motel:
One (1) parking space for each
sleeping room or suite and one (1) parking space for each one hundred
(100) square feet of commercial floor area contained therein.
15.02 RULES
FOR COMPUTING NUMBER OF PARKING SPACES.
In computing the number of parking spaces required for each
of the above uses the following rules shall govern:
1. “Floor
area” shall mean the gross floor area of the specific use.
2. Where
fractional spaces result, the parking spaces required shall be constructed
to be the nearest whole number.
3. The parking
space requirement for a use not specifically mentioned herein shall
be the same as required for a use of similar nature.
4. Whenever
a building or use constructed or established after the effective date
of this Ordinance is changed or enlarged in floor area, number of
employees, number of dwelling units, seating capacity or otherwise,
to create a need for an increase of ten (10) percent or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change. Whenever a building or use
existing prior to the effective date of this Ordinance is enlarged
to the extent of fifty (50) percent or more in floor area or in the
area used, said building or use shall then and thereafter comply with
the parking requirements set forth herein.
5. In the
case of mixed uses, the parking spaces required shall equal the sum
of the requirements of the various uses computed separately.
15.03 LOCATION
OF PARKING SPACES.
All parking spaces required herein shall be located on the same
lot with the building or use served, except as follows:
1. Where
an increase in the number of spaces is required by a change or enlargement
of use or where such spaces are provided collectively or used jointly
by two (2) or more buildings or establishments, the required spaces
may be located not to exceed three hundred (300) feet from an institutional
building served and not to exceed five hundred (500) feet from any
other nonresidential building served.
2. Not more
than fifty (50) percent of the parking spaces required for (1) theaters,
bowling alleys, dance halls, nightclubs or cafes, and not more than
eighty (80) percent of the parking spaces required for a church or
school auditorium may be provided and used jointly by (2) similar
uses not normally open, used or operated during the same hours as
those listed in (1); provided, however, that written agreement thereto
is properly executed and filed as specified below.
In any case where the required parking spaces are not located
on the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement
thereby assuring their retention for such purposes, shall be properly
drawn and executed by the parties concerned, approved as to form by
the City Attorney and shall be filed with the application for a building
permit.
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15.04 MINIMUM
DIMENSIONS FOR OFF-STREET PARKING.
1. Ninety
(90) Degree Angle Parking:
Each parking space shall be
not less than eight (8) feet wide nor less than eighteen (18) feet
in length. Maneuvering space shall be in addition to parking space
and shall be not less than twenty-four (24) feet perpendicular to
the building or parking line.
2. Sixty
(60) Degree Angle Parking:
Each parking space shall be
not less than eight (8) feet wide perpendicular to the parking angle
nor less than seventeen (17) feet in length when measured at right
angles to the building or parking line. Maneuvering space shall be
in addition to parking space and shall be not less than twenty (20)
feet perpendicular to the building or parking line.
3. Forty-Five
(45) Degree Angle Parking:
Each parking space shall be
not less than eight (8) feet wide perpendicular to the parking angle
nor less than sixteen (16) feet in length when measured at right angles
to the building or parking line. Maneuvering space shall be in addition
to parking space and shall be not less than eighteen (18) feet perpendicular
to the building or parking line.
4. When
off-street parking facilities are located adjacent to a public alley,
the width of said alley may be assumed to be a portion of the maneuvering
space requirement.
5. Where
off-street parking facilities are provided in excess of the minimum
amounts herein specified, or when off-street parking facilities are
provided but not required by this Ordinance said off-street parking
facilities shall comply with the minimum requirements for parking
and maneuvering space herein specified.
15.05 OFF-STREET
LOADING SPACE.
Every building or part thereof erected or occupied for retail
business, service, manufacturing, storage, warehousing, hotel, mortuary,
or any other use similarly involving the receipt or distribution by
vehicles of materials or merchandise, shall provide and maintain on
the same premises loading space in accordance with the following requirements:
1. In Districts
“LI” and “HI”, one (1) loading space for each
ten thousand (10,000) feet or fraction thereof, of floor area in the
building.
2. In Districts
“LC” and “GB”, one (1) loading space for the
first five thousand (5,000) to fifteen thousand (15,000) square feet
of floor area in the building and one additional loading space for
each fifteen thousand (15,000) square feet, or fraction thereof, of
floor area in excess of fifteen thousand (15,000) square feet.
3. Each
required loading space shall have a minimum of ten (10) feet by twenty-five
(25) feet.
(Ordinance 2014-10-07A adopted 10/7/14)
16.01 HEIGHT.
1. The height
regulations prescribed herein shall not apply to television and radio
towers, church spires, belfries, monuments, tanks, water and fire
towers, stage towers, or scenery lofts, cooling towers, ornamental
towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors,
flag poles, electric display signs and necessary mechanical appurtenances.
2. Public
or semi-public service buildings, hospitals, institutions or schools,
where permitted, may be erected to a height not exceeding sixty (60)
feet and churches and other places of worship may be erected to a
height not exceeding seventy-five (75) feet when each of the required
yards are increased by one (1) foot for each foot of additional building
height above the height regulations for the district in which the
building is located.
3. No structure
may be erected to a height in excess of that permitted by the regulations
of such airfield zoning ordinance as may exist at the time and whose
regulations apply to the area in which the structure is being erected.
16.02 FRONT
YARDS.
1. Where
twenty-five (25) percent or more of the frontage upon the same side
of a street between two intersecting streets is occupied or partially
occupied by a building or buildings with front yards of less depth
than required by this Ordinance, or where the configuration of the
ground is such that conformity with the front yard provisions of this
Ordinance would work a hardship, the Board of Adjustment may permit
modifications of the front yard requirements.
2. In Districts
“SF”, or “MF”, where twenty-five (25) percent
or more of the frontage upon the same side of a street between intersecting
streets is occupied or partially occupied by a building or buildings
having front yards of greater depth than is required by this Ordinance,
no other lot upon the same side of such street between such intersecting
streets shall be occupied by a building with a front yard of less
than the least depth of any such existing front yards, unless by permission
of the Board of Adjustment.
3. In a
residential district no fence, structure, or planting higher than
three and one-half (3-1/2) feet above the established street grades
shall be maintained within twenty (20) feet of any street intersection.
4. Open
and unenclosed terraces or porches and eave and roof extensions may
project into the required front yard for a distance not to exceed
four (4) feet; provided, however, that no supporting structure for
such extensions may be located within the required front yard. An
unenclosed canopy for a gasoline filling station may extend beyond
the building line but shall never be closer to the property line than
twelve (12) feet. The building line of a gasoline filling station
shall mean the actual wall of the building and shall not be interpreted
as being the curb of a walk or driveway or as the front of a canopy
or the columns supporting same.
5. Where
an official line has been established for future widening or opening
of street upon which a lot abuts, then the width of a front or side
yard shall be measured from such official line of the building.
16.03 SIDE
YARDS.
1. On a
corner lot the width of the yard along the side street shall not be
less than any required front yard on the same side of such street
between intersecting streets, provided, however, that the buildable
width of a lot of record shall not be reduced to less than thirty
(30) feet.
2. No accessory
building shall project beyond a required yard line along any street.
3. For the
purpose of side yard regulations, a two-family dwelling or multi-family
dwelling shall be considered as one building occupying one lot.
4. Where
a lot of record at the time of the effective date of this Ordinance
is less than fifty (50) feet in width the required side yard may be
reduced to provide a minimum buildable width of thirty (30) feet,
provided, however, that no side yard shall be less than five (5) feet.
5. The area
required in a yard shall be open to the sky, unobstructed except for
the ordinary projections of window sills, belt courses, cornices or
other ornamental features.
6. A roof
overhang, an open fire escape or an outside stairway may project not
more than three (3) feet into a required side yard, but no closer
than three (3) feet to a property line.
16.04 REAR
YARDS.
An accessory building not exceeding twenty (20) feet in height
may occupy not to exceed twenty-five (25) percent, and unenclosed
parking spaces may occupy not to exceed eighty (80) percent, of the
area of a required rear yard but no accessory building shall be closer
than twenty (20) feet to the main building nor closer than five (5)
feet to any rear or side lot line.
(Ordinance 2014-10-07A adopted 10/7/14)
17.01 SPECIAL
USES.
The City Council by an affirmative three-fourths (3/4) vote
may, after public hearing and proper notice to all parties affected,
and after recommendations from the Planning and Zoning Commission
containing such requirements and safeguards as are necessary to protect
adjoining property, authorize the location of any of the following
uses in the special district, provided the application shall be accompanied
by a site plan drawn to scale and showing the general arrangement
of the project, together with essential requirements such as off-street
parking facilities; size, height and construction of signs; locations
of buildings and the uses to be permitted; means of ingress and egress
to public streets; and the type of visual screening such as walls,
plantings, and fences.
1. Institutions
of an educational, philanthropic, or religious nature in any district.
2. Radio
broadcasting towers and stations, television towers, and television
transmitting stations in any district.
3. Any installation
of a public utility, either privately or publicly owned, in any district
(but not including offices).
4. Private
clubs on a site of three acres or more in any district.
5. Hospitals
on a site of five acres or more in any district.
6. Shopping
centers or related commercial developments on a site of three acres
or more in any district.
7. Apartment
projects on a minimum site of two and one-half acres or on one block
of a street frontage between intersecting streets, whichever is smaller
in any district.
8. Professional
offices for architects, engineers, landscape architects, attorneys,
interior decorators, and certified public accountants in any “MF”
District.
9. Public
stables or riding academies on a site of ten acres or more in any
district.
10. Hotels
and motels with related uses, on a site of five acres or more in any
district, except “SF”.
11. Circus,
carnival, and other similar transient amusement enterprises in the
“LC” Local Business District, but not within three hundred
(300) feet of any Residential District.
12. Greenhouses
or plant nurseries on a site of three acres or more in any district.
13. Tourist
or trailer camp in a business or industrial district and its extension
into an abutting residential district, provided such tourist or trailer
camp shall comply with the following and such additional requirements
as may be deemed necessary for proper development and the protection
of the surrounding area:
(a) All appropriate state and county sanitation regulations shall be
strictly observed.
(b) At least fifteen hundred (1,500) square feet of lot area per trailer
shall be provided; no trailer shall be parked closer to the street
than the required front yard setback, nor closer than thirty (30)
feet to any property line abutting or lying within a Residential District,
nor closer than twenty feet to any other property line. A clearance
of not less than fifteen (15) feet shall be maintained between trailer
coaches on all sides.
(c) Trailer coach spaces shall abut upon a hard-surfaced driveway or
accessway of not less than twenty-five (25) feet in width.
(d) No service building or other facilities for bathing, laundry and
sanitation as required by the state and local health regulations,
shall be located closer to the street than the required front yard
setback, nor closer than thirty (30) feet to any property line abutting
or lying within a Residence [District] nor closer than twenty (20)
feet to any other property line. Such buildings or facilities shall
be accessible to all trailer coaches by means of the access drives
or hard-surfaced walks.
(e) Wherever practical, space shall be reserved for recreation and a
playground.
17.02 SPECIAL
USE PERMIT REGULATIONS.
1. In recommending
that a Special Use Permit for the premises under consideration be
granted, the Planning and Zoning Commission shall determine that such
uses are harmonious with and adaptable to building structures, and
uses of abutting property and other property in the vicinity of the
premises under consideration, and shall make recommendations as to
requirements for the paving of streets, alleys and sidewalks, means
of ingress and egress to public streets, provisions for drainage,
adequate off-street parking and protective screening and open space.
2. Every
Special Use Permit granted under these provisions shall be considered
as an amendment to the zoning ordinance as applicable to such property
under consideration. In granting such permit, the City Council may
impose conditions which shall be complied with by the owner or grantee
before a certificate of occupancy may be issued by the building inspector
for use of the building on such property pursuant to such Special
Use Permit; and such conditions shall not be construed as conditions
precedent to the granting of a Special Use Permit, or the change in
zoning of such property, but shall be construed as conditions precedent
to the granting of the certificate of occupancy.
3. No Special
Use Permit shall be granted unless the applicant, owner and grantee
of the Special Use Permit shall in writing accept and agree to be
bound by and comply with the written requirements of the Special Use
Permit, as attached to the site plan drawing (or drawings) and approved
by the Planning Commission.
4. A building
permit shall be applied for and secured within six (6) months from
the time of granting the Special Use Permit provided; however, that
the City Council may authorize an extension of this time upon recommendation
by the Planning and Zoning Commission.
5. The Board
of Adjustment shall not have jurisdiction to hear, review, reverse,
or modify any decision, determination, or ruling with respect to the
granting, extension, revocation, modification or any other action
taken relating to such Special Use Permit.
6. When
the City Council authorizes granting of a Special Use Permit, the
Zoning Map shall be amended according to its legend to indicate that
the affected area has condition and limited uses.
(Ordinance 2014-10-07A adopted 10/7/14)
18.1 A use
or structure which fails to comply with any provision of this Ordinance,
or which does not conform to regulations prescribed for the Zoning
District for which such use or structure is located, shall nevertheless
be a lawfully permissible use or structure, and shall not be deemed
in violation of this Ordinance, in any of the instances set forth
in succeeding sections[.]
18.2 Such
a use or structure is a permissible nonconforming use if lawfully
in existence or under construction on the date this Ordinance became
applicable thereto, and it continues permissible so long as such use
is continuous.
a. The Community
Development Director (or his subordinates under his direction) may
grant a change of occupancy from one person to another, or from one
nonconforming use to another, so long as the proposed new use is of
the same, or more restricted, classification than the previous one.
b. No nonconforming
use may be expanded or increased beyond the lot or tract on which
it is located.
c. A structure
occupied by a nonconforming use, if destroyed by fire or other elements
or cause to the extent of fifty percent (50%) or more of its reasonable
value, may not be re-built except to conform to all provisions of
this Ordinance. If damaged to a lesser extent, it may be re-built,
but the size or function of the nonconforming use may not be expanded.
d. A nonconforming
use which is discontinued or vacated voluntarily by the owner or occupant
for any continuous period of at least six months shall be deemed abandoned
and terminated; and may not thereafter be reinstated.
e. It is
the ultimate policy of this Ordinance to eliminate all nonconforming
uses, as soon as this can be accomplished without undue hardship.
To that end, the Board of Adjustment (or the City Council, while exercising
the powers and functions of a Board of Adjustment) may make further
reasonable regulations under which, such a nonconforming use may be
continued, having due regard both to rights of owners or occupants
of such use or structure and the rights of owners or occupants of
other nearby premises within the same Zoning District.
18.3 Uses
or structures occupied under Special Use Permit granted pursuant to
Section 17 hereof, or in a Planned Development District approved under
Section 9 hereof, so long as occupied or used in accordance with all
conditions of the permit or approval, shall never be deemed violations
of this Ordinance.
18.4 This
Ordinance is expressly adopted in contemplation of the following facts:
a. That uniformity
in minimum standards within Zoning Districts, as herein provided,
does not now exist, and that a substantial period of time will be
required to achieve the desired standards.
b. That special
situations will arise in the future development of Overton, in connection
with the annexation of additional territory, the development of new
construction and architectural techniques, and otherwise.
c. That in
the future, new problems will arise, affecting the safe, orderly,
and economic growth and development of the community.
Accordingly, it is the policy hereof that amendments to this
Ordinance, special use permits and other nonconforming uses, variance,
or special relief that may be authorized by statute be effected by
the City Council, consistent with law and existing vested rights,
in order that the spirit and objectives of this ordinance be served.
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(Ordinance 2015-05-21A, secs. 1,
5, adopted 5/21/15)