Exception: An existing gravel type driveway that was constructed
prior to the effective date of this Ordinance having been (1) approved
by the Building Official and (2) shall be maintained in such a manner
that the physical outside edge of the existing driveway is properly
maintained and edged or is bordered with a pre-formed, circular, tapered
or flat shaped pattern constructed out of concrete, asphalt curbing,
brick, rock, metal, decorative rock, railroad ties, treated lumber,
rubber and plastic or other suitable material in such a manner as
to not alter the natural drainage flow; and (3) existing gravel type
driveways are required to be properly maintained prior to being approved
for a certificate of occupancy after the effective date of this ordinance;
and (4) before a substandard house can be approved for occupancy,
the driveway from the pavement in a public street at the property's
drive approach to the rear of the principal structure as located on
the individually platted lot; the parking surface shall be a continuous
minimum 3-1/2 inches thick solid poured concrete flatwork parking
surface rated at a minimum of 2500 p.s.i. constructed in accordance
to the City's most recently adopted building code and/or NCTCOG
Specifications and the River Oaks Code of Ordinances, whichever is
applicable.
|
In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, front yards shall be
provided on all frontages. Where one of the front yards that would
normally be required on a through lot is not in keeping with the prevailing
yard pattern, the zoning administrator may waive the requirement for
the normal front yard and allow a smaller front yard which shall not
exceed the average of the yards provided on adjacent lots.
| |
In the case of reversed frontage corner lots, a front yard of
the required depth shall be provided on either frontage, and a second
front yard of the depth required for side yards in the district shall
be provided on the other frontage.
| |
In the case of corner lots with more than two frontages, the
zoning administrator shall determine the front yard requirements,
subject to the following limitations:
| |
a.
|
At least one front yard shall be provided having the full depth
required generally in the district; and
|
b.
|
No other front yard on such lot shall have less than the minimum
required second front yard for corner lots.
|
Depth of required front yards shall be measured at right angles
to the front lot line.
|
Width of a required side yard shall be measured in such manner
that the yard established is a strip of the minimum width required
by district regulations with its inner edge parallel with the side
lot line.
|
Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge parallel
with the rear lot line.
|
In cases where a rear lot line is not evident, or if evident
but not parallel to the front building line, the minimum rear yard
requirement shall be the distance from the rear-most point of the
lot along a line from that point drawn perpendicular to a line drawn
from the foremost points of the two side lot lines, providing that
the rear yard is parallel to at least one lot line along the rear
of the lot.
|
Figure 4-3. Yard Orientation
|
The term "more restricted district" means one allowing fewer
permitted uses and the term "less restricted district" means one allowing
more permitted uses.
|
The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance.
|
The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance."
|
The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance."
|
Frequency
(Cycles per Second)
|
Column I Displacement
(Inches)
|
Column II* Displacement
(Inches)
|
---|---|---|
0 to 10
|
.0022
|
.0008
|
11 to 20
|
.0016
|
.0005
|
21 to 30
|
.0010
|
.0002
|
31 and over
|
.0005
|
.0001
|
*Steady State - Vibrations, for the purpose of this section,
which are continuous or, if in discrete pulses, are more frequent
than 60 per minute. Impact vibrations, which are discrete pulses which
do not exceed 60 pulses per minute, shall not cause in excess of twice
the displacement stipulated.
|
Facility
|
Parking Spaces
|
---|---|
Single-Family Dwelling
|
One space for each 1,500 sq. feet of livable floor area or fraction
thereof up to four spaces. Minimum of two spaces required.
|
Multiple-Family Dwelling(s)
|
Two spaces for each dwelling unit.
|
Boarding or Rooming House
|
One space for proprietor plus one space for each sleeping unit.
|
Hotel, Motor Motel
|
1.25 spaces for each bedroom unit plus one space per 200 square
feet of display room, meeting room, or ballroom or fraction thereof
Restaurant parking requirements - see below.
|
Day-Care Nursery Kindergarten
|
1 space per employee plus 1 space per ten (10) children or fraction,
thereof
|
Church
|
One space for each four seats in the auditorium or fraction
thereof.
|
Auditorium Theater
|
One space for each four seats or fraction thereof, plus one
space for each 200 square feet or fraction thereof of lobby and concession
area.
|
Restaurant, Cafeteria
|
One space for each 100 square feet of floor area or fraction
thereof.
|
General Hospital
|
One space for each 1.5 beds
|
Nursing and Care Home
|
One space for each two beds, base licensed capacity.
|
Office, Bank & Professional Bldg.
|
One space for each 400 square feet of floor area or fraction
thereof.
|
Medical & Dental Office or Clinic
|
One space for each 200 square feet of floor area or fraction
thereof.
|
Commercial Building
|
One space for each 200 square feet of floor area or fraction
thereof. Minimum of two spaces required.
|
Mini Warehouse
|
One space for each 20 storage units or fraction thereof. Minimum
of three spaces required.
|
Industrial Bldg. - Manufacturing
|
One space per employee for a max possible employment of two
shifts combined or one space per 500 square feet or fraction thereof
of manufacturing space, whichever is greater. Other areas of building
by use.
|
Industrial Bldg. - Warehouse
|
One space for each 1,000 sq. feet or fraction thereof of warehouse
area, provided that the spaces for any warehouse shall not be less
than four. Other areas of building by use.
|
Elementary, Middle School, Public, Parochial and Private
|
One space for each faculty member and one space for each person
employed on the premises. In addition, in cases where buses for the
transportation of children are kept at the school off-street bus parking
space shall be provided for each bus. Parking shall also be provided
for auditorium and assembly areas to a ratio of one parking space
per four seats or fraction thereof.
|
Senior High School Public, Parochial and Private
|
One space for each faculty member and one space for each person
employed on the premises, plus one additional space for each four
students enrolled. In addition, if buses for transportation of children
are kept at the school one off-street bus parking space be provided
for each bus.
|
Colleges and Universities
|
One space for each faculty member plus one space for each employee
on the premises, plus one space for each four-day students not residing
on campus.
|
Outdoor Manufacturing
|
One space for each 7,500 square feet of area or fraction thereof
not counting parking, buildings or required parking for buildings,
with a minimum of three spaces.
|
Outdoor Recreation Activities
|
One space shall be provided to meet the greatest average peak
hour trips per land area presented for the appropriate land use in
the latest edition of Trip Generation published by the Institute of
Transportation Engineering, with a minimum of four spaces.
|
Outdoor Sales
|
One space per 2,500 square feet or fraction thereof of land
area net of any building, with a minimum of eight spaces. buildings
by use. All parking spaces to addition to sales inventory area.
|
Showroom Warehouse
|
Minimum of one space per 500 square feet of gross floor area
or fraction thereof. A minimum of three parking spaces shall be provided
per unit in multiple developments.
|
Carwash
|
Minimum of one space for each washing stall, in addition to
the washing stall.
|
Bowling Alley
|
Minimum of five spaces for each bowling lane, plus any restaurant,
office, pro shop, etc. by use.
|
Commercial Amusement Centers, Games, Arcade Parlors, Recreation
area.
|
One space for each 100 square feet or fraction thereof of gross
floor, with a minimum of four spaces.
|
Mobile Home
|
One space for each 1,500 sq. feet of livable floor area or fraction
thereof up to four spaces. A minimum of 2 spaces is required.
|
Utility Facility
|
Parking for approved utility facilities, purpose of which does
not include or require vehicular access by the public, shall be adequate
for a specific facility, but in no case be less than two spaces. Parking
maneuvering and drive space for such facilities, under the above circumstances,
may be other than hard surface and dust free.
|
Riding Stable Riding Hall, or Horse Track
|
All parking requirements for such facility be determined by
the planning and zoning commission in conjunction with and as a condition
of each specific approval.
|
Helistop
|
All parking requirements for such facilities be determined by
the city council in conjunction with a special use permit
|
Funeral Home
|
One space per four seats in chapel or fraction thereof.
|
Museum
|
One space per 400 square feet of gross area or fraction thereof.
|
Service Station
|
One space per 200 square feet of gross area or fraction thereof,
with a minimum of four spaces not counting area at pump island or
in-service bays.
|
Repair Garages
|
One space per 200 square feet of gross area or fraction thereof,
with a minimum of five spaces not counting space in building.
|
Library
|
One space per 200 square feet of gross area or fraction thereof.
|
Barber/Beauty Shop
|
One space per 50 square feet of gross area or fraction thereof.
|
Laundry-Self Service
|
One space per 50 square feet of gross area or fraction thereof.
|
Community Center
|
One space per 200 square feet of gross area or fraction thereof.
|
Lodge/Fraternity Hall
|
One space per 200 square feet of gross area or fraction thereof.
|
Trade/Business School
|
One space per 200 square feet of gross area or fraction thereof.
|
Recreation and Amusement Assembly
|
One space for each four seats or fraction thereof, plus one
space for each two hundred (200) sq. feet or fraction thereof of lobby
and concession area.
|
Gross Floor Space
(Square Feet)
|
Loading or Unloading Berths
|
---|---|
25,000 or less
|
1
|
25,001 to 84,000
|
2
|
84,001 to 156,000
|
3
|
156,001 to 236,000
|
4
|
Each 100,000 additional
|
1 additional
|
Facility
|
Minimum Stack Space Requirements
|
---|---|
Bank, Savings and Loan or other Financial Transaction Facility
|
Three spaces.
|
Food Service Facility
|
Six spaces from ordering location if separate from pick-up area.
|
Carwash, Self-Service or Automatic
|
Three spaces.
|
Film/Film Processing Laundry and/or Cleaning Facility, and Similar
Sales or Retail Facilities
|
One space.
|
Total Spaces In Lot
|
Number of Handicapped Spaces
|
---|---|
1 to 25
|
1
|
26 to 50
|
2
|
51 to 75
|
3
|
76 to 100
|
4
|
101 to 150
|
5
|
151 to 200
|
6
|
201 to 300
|
7
|
301 to 400
|
8
|
401 to 500
|
9
|
501 and over
|
2 percent of total
|
Accessory Use
|
District Where Permitted
| |||
---|---|---|---|---|
1.
|
Accessory buildings enclosing equipment or activities in conjunction
with the permitted principal uses. No accessory use shall be construed
to permit the keeping of articles or materials in the open or outside
the building unless specifically permitted in this Ordinance.
|
ALL
| ||
2.
|
Accessory buildings, subject to the following:
|
"R-1" through "R-6"
| ||
a.
|
A person may have a maximum number of three accessory buildings
on a lot, each separated by at least ten feet;
| |||
b.
|
The accessory building may not exceed the as built single-story
footprint floor plan in sq. feet of the principle structure on any
individually platted residential lot and shall meet all other applicable
zoning requirements for accessory buildings.
| |||
c.
|
The accessory building must be anchored in compliance with the
building code;
| |||
d.
|
An approved site plan pursuant to Section 25 of this Zoning
Ordinance is a condition for the approval of a building permit application
for construction of all Accessory Buildings in any commercial, Industrial,
Multifamily and Planned Zoning Districts.
| |||
3.
|
Antenna - Residential not more than 35 feet in height.
|
"R-1" through "R-6," "MF"
| ||
4.
|
Antennas, satellite dishes, telecommunication facilities or
towers as follows:
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
a.
|
It shall not exceed 35 feet in height where attached or affixed
to the structure in which the principal permitted use is located.
| |||
b.
|
Installation of an antenna on an existing structure other than
a tower (such as a building, sign, light pole, water tower, or other
freestanding nonresidential structure), as long as the additional
antenna and the combined height of the existing structure tower does
not exceed 60 feet.
| |||
c.
|
Installation of an antenna on an existing tower of any height
if:
| |||
(i)
|
The addition of the antenna adds no more than 20 feet to the
height of the existing tower;
| |||
(ii)
|
The height of the antenna and structure does not exceed 60 feet;
and
| |||
(iii)
|
No buildings or supporting equipment will be added in connection
with the antenna.
| |||
5.
|
Carports, subject to the following requirements:
|
"R-1" through "R-6"
| ||
a.
|
The carport must be designated to shelter not more than two
vehicles and shall not exceed 24 feet on its longest dimension;
| |||
b.
|
The carport shall be placed on a concrete surface;
| |||
c.
|
A carport greater than 576 square ft. is not allowed except
when located in the rear of the property behind the principal structure
and may not exceed the as built single-story footprint floor plan
in square-feet of the principle structure on any individually platted
residential lot and is otherwise not restricted to the number of vehicles
designated to be sheltered by the carport and shall meet all other
applicable zoning requirements;
| |||
d.
|
An integrally built carport (built into house) in front of the
existing principle structure shall be built with gable or hip roof
meeting the same pitch of the existing principle structure and be
of the same construction material and design as of the principle structure
unless otherwise permitted by law and shall not extend past the front
building line for that particular zoning district:
| |||
Exception: When the principle structure is of a flat roof design,
a carport when built in front shall match the existing roofline;
| ||||
e.
|
A metal carport or freestanding carport may not extend past
the front of the principle structure. A freestanding carport is a
carport that is not built integrally to the existing structure and
is not of the same construction material and design of the principle
structure;
| |||
f.
|
Carports must meet all setback requirements for the applicable
zoning district;
| |||
g.
|
A carport is permitted in the second front yard of a corner
lot provided that the setback from the prevailing edge of the street
is a minimum of fifteen (15) feet.
| |||
6.
|
Garage sales or yard sales, subject to compliance with applicable
ordinances.
|
"R-1" through "R-6"
| ||
7.
|
Gasoline sales facilities if utilized in conjunction with another
permitted use in this zoning category. A gasoline sales facility must
be self-service in nature and is to include the gasoline sales activity
frequently conducted as an accessory use to "drive-in" food stores.
Any gasoline sales facility under this provision shall have the design
and number of gasoline delivery stations or pumps be pre-approved
by City's Fire Inspector.
|
"C-2," "C-3," "I"
| ||
8.
|
Home occupation uses, subject to the following conditions:
|
"R-1" through "R-6"
| ||
a.
|
No persons other than members of the family residing on the
premises shall be engaged in such occupation;
| |||
b.
|
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 250 square feet of floor area
of the dwelling unit shall be used in the conduct of the home occupation;
| |||
c.
|
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation. No sign advertising a home occupation shall be placed
on property where a home occupation is conducted;
| |||
d.
|
No home occupation shall be conducted in any accessory building;
| |||
e.
|
Any sales in connection with such home occupation shall be clearly
secondary. There shall be no sales from the dwelling;
| |||
f.
|
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard;
| |||
g.
|
No equipment, process or work shall be used or conducted in
such home occupation which creates noise, vibration, glare, fumes,
odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment,
process or work shall be used or conducted which creates visual or
audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises;
| |||
h.
|
The operation of beauty culture schools, beauty parlors, barber
shops, lawn mower or other small or large engine repair, and any boarding
house/rooming house shall not be permitted as a home occupation or
as an accessory use; and
| |||
i.
|
No outdoor storage of any type shall be permitted with any home
occupation.
| |||
9.
|
Lanais, gazebos greenhouses, garden and patio shelters, sundecks,
and children's playhouses, provided the privacy enjoyed by adjacent
residents are not impaired.
|
"R-1" through "R-6"
| ||
10.
|
Model and/or sample homes for the purpose of promoting sales
shall be permitted, provided these structures are located on and within
the same tract or subdivision of land being developed for sale.
|
"R-1" through "R-6"
| ||
11.
|
Office or administrative areas and activities supportive of
the permitted principal uses.
|
"I"
| ||
12.
|
On-site storage of records or file materials which are ancillary
to or a portion of the office or business activities conducted within
the principal office use (an example of this activity would be the
file storage and records required by a title company operation).
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
13.
|
One temporary construction facility and/or one temporary sales
facility by a developer not to exceed 500 square feet per facility,
only during actual construction for a period not to exceed two years
and located on property being developed.
|
ALL
| ||
13.5.
|
Outdoor portable food stands (to include snow cone stands and
other food vending stands) are prohibited except that during special
events the business owner obtains permit approval not to exceed 5-days
out of any 180-day period from City Council. Snow cone stands previously
approved by the City Council shall be permitted to operate subject
to City Council approval each year for a period not to exceed 180-days
and they must be removed from the property at the end of the 180-day
period. Any previously approved snow cone stands are not allowed to
continue once there has been a change of ownership or proprietorship
involving that particular snow cone stand.
|
"C-1," "C-2," "C-3"
| ||
14.
|
Outside display or retail sales, subject to the following conditions:
|
"C-1," "C-2," "C-3," "P-C," "CF"
| ||
a.
|
The business displaying the merchandise must have a valid certificate
of occupancy;
| |||
b.
|
The merchandise (new and/or secondhand) must not [be] left outdoors
when the business is closed;
| |||
Exception: With the change in ownership before a new commercial
certificate of occupancy will be approved; outside storage areas where
merchandise is kept even when closed and visible to the public requires
that first a screening device constructed of metal, wood, vinyl, masonry
or other code-approved screening type materials not less than six
feet nor greater than eight feet in height shall be placed around
the storage area.
| ||||
c.
|
Total outside display must not exceed fifty (50) percent of
the indoor floor area of the business; and
| |||
d.
|
Outside display of items for the purpose of manufacturing or
assembly is not permitted.
| |||
15.
|
Outside RV Storage.
|
"C-3"
| ||
16.
|
Parking and storage of private boats, camper, trailers or other
recreational vehicles in conformance with Section 20.
|
"R-1" through "R-6"
| ||
17.
|
Private swimming pool, wading pools, and game courts (lighted
and unlighted), provided that:
|
"R-1" through "R-6"
| ||
a.
|
If lighted, the lighting shall be so directed and shielded so
not to shine directly on any adjacent residential property;
| |||
b.
|
Any such pool or game court is for the private use of the site
occupants and their guests, and not operated as a business;
| |||
c.
|
All "at grade" swimming pools with a water depth greater than
18" and "above grade" swimming pools having a water depth 18" or more,
except for portable tot pools, shall be enclosed by a fence and gate
in accordance with the city building code or other applicable ordinances;
| |||
d.
|
Ornamental pools or ponds designed for decorative purposes and
having a depth less than 18" are not subject to a special fencing
requirement and may be located within the required front or rear yards
provided that they maintain a minimum 10 feet setback from the closest
property line; and
| |||
e.
|
All other pools may be located in a side or rear yard, but not
within a front yard nor forward of the principal building on the lot,
and shall not be located closer than five feet to any side or rear
property line nor be located any closer than five feet to another
structure.
| |||
18.
|
Public, semi-public and private parks; recreation and open space
including playgrounds, parkways, greenbelts, ponds and lakes, botanical
gardens, pedestrian paths, bicycle paths, equestrian trails, nature
centers, bird and wildlife sanctuaries.
|
ALL
| ||
19.
|
Required off-street parking and loading space.
|
ALL
| ||
19.5.
|
Existing accessory buildings designed for residential human
occupation may be used for human occupation limited to family members
as defined by this Ordinance providing, they existed prior to the
adoption of the zoning ordinance and are registered as a legal nonconforming
structure.
|
"R-1" through "R-6"
| ||
20.
|
Retail activity of a service nature designed to provide direct
service support to the businesses and employees who occupy the remainder
of the office complex. This is limited to those activities which are
clearly supportive of office operations, such as food service in the
nature of cafeterias or snack bars, newsstands or gift shops providing
reading material and small, consumable sundries, pharmacies or drug
stores, particularly when co-located with medical or medical related
office facilities, office supply stores or outlets providing support
to businesses within the complex itself. Stores operating under this
vision shall not be limited only to sales within the office complex
but should clearly be aimed at marketing primarily within the immediate
vicinity of the complex site.
|
"C-1," "C-2," "C-3," "I," "CF"
| ||
21.
|
Signs for advertising uses on the premises.
|
"MF," "C-1," "C-2," "C-3," "I," "CF"
| ||
22.
|
Such other service activities as are clearly found to be directed
at supporting the employees or business operations of the office complex.
In no event shall the area allocated to retail sales exceed 15 percent
of the net usable square footage of each office structure. All retail
operations undertaken pursuant to this provision shall involve no
outdoor storage or sales and all signage for activities shall be contained
wholly within the office structure in which the retail operation is
established. No outside advertising shall be permitted.
|
"C-1," "C-2," "C-3" "I," "CF"
| ||
23.
|
Temporary buildings including temporary carports, subject to
the following conditions:
|
ALL
| ||
a.
|
To be used for construction purposes only, and upon issuance
of a permit by the zoning administrator, and to be removed upon completion
or abandonment of construction work or removed upon request of the
zoning administrator; and
| |||
b.
|
Permits shall be issued for such temporary buildings for a period
of six months only.
| |||
24.
|
Tennis courts, health clubs, and related recreation facilities
provided they are for the primary use of guests, customers or person
associated with the principal use.
|
"MF," "C-1," "C-2," "C-3," "I," "CF"
| ||
25.
|
Tents for the purpose of promoting retail sales for a period
not exceeding 23 days. This use shall require a permit and shall be
subject to the provisions of the Uniform Fire Code, Art. 32, as amended.
It shall also meet the development regulations of the zoning district
in which it is being placed. No more than two permits may be issued
in any one-year period, with a 60 day separation between uses.
|
"CF," "C-1," "C-2 "C-3," "I"
| ||
26.
|
Temporary Uses are permitted as long as they are seasonal sales,
including, but not limited to Christmas tree sales, merchandise sale,
or fruits and vegetables sales related to active businesses during
normal regular business hours in direct support of the business that
is supported by a letter of affidavit from the business owner.
|
"C-1," "C-2," "C-3"
| ||
27.
|
Farmers Markets, Craft Fairs and Art Shows approved by Special
Permit of the City Manager for a specific period and when determined
to be applicable by the City Manager, shall comply with the regulations
provided for in Section 19.E "Outside Special Events Permitting.
|
"C-1," "C-2," "C-3" "CF"
|
Specific Use
|
District Where Permitted
|
---|---|
Alcohol Sales if they comprise more than percent of business
revenues
|
"C-3"
|
Alcohol Sales (subject to subsection G)
|
"C-2"
|
Antenna (over 60 feet in height)
|
Any
|
Eight-Liner Arcades
|
"C-3"
|
Stables/Aviaries
|
"CF"
|
Telecommunications and Antenna Towers which do not meet the
requirements of Section 24.C.2 or of Section 22 hereof.
|
"C-1," "C-2," "C-3," "I"
|
Temporary concrete batching plant
|
Any
|
Utility Facility
|
"CF" or "I"
|
The city council may reduce the setbacks and separation requirements
if the purposes of this section would be better served thereby.
|