Double Oak City Zoning Code
§ 10
"SF" SINGLE FAMILY RESIDENTIAL DISTRICT.
10-1
General Purpose and Description of the Single Family Estate District:
The principal use of land in this district is for single-family dwellings of at least 1,600 square feet in size and lots of at least 1 acre, and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses.
10-2
Use Regulations:
A building, dwelling, structure or premise shall be used only for the following:
(1)
“Single-family Dwelling” with an Attached Garage (2 car minimum).
An “Attached Garage” is a Side Entry or Rear Entry private garage that is a physical part of the dwelling or one having a substantial physical connection with or under the roof line of the Single-family Dwelling. Front entry private garages shall be permitted only if the door opens into an enclosed courtyard separated from the front yard of the main residence by another garage or similar building or by a masonry wall of six (6) feet in height constructed of the same material as the main residential structure. Such additional garage, building or wall must also comply with all pertinent set-back provisions. For corner lots, the garage door may face the side street without an enclosed courtyard.
(2)
Additional “Detached Garage” only as an accessory use meeting the requirements of a Major Accessory Building, 40 feet from the main structure. All driveways connecting any public street or alley with the Detached Garage shall be constructed of concrete, asphalt or paving brick.
(3)
Parks, playgrounds, and other public recreational facilities, owned and/or operated by the municipality or other public agency; and privately owned and maintained playgrounds and like recreation areas.
(4)
Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities.
(5)
Real estate sales offices during the development of residential subdivisions, but not to exceed two years.
(6)
Temporary buildings for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work. A permit shall be required with a one year maximum with no option for renewal.
(7)
Churches and Public Schools (kindergarten through high school), shall be considered a permitted use, however, a specific use permit zoning change must be applied for and granted pursuant to the Specific Use Section of this ordinance in order to provide conditions to protect health, provide safety and regulate traffic as related to these uses.
(8)
Such other uses as may be permitted with a Specific Use Permit.
(9)
The following Accessory Uses if such uses are conducted within the principal building in connection with the primary use of a “Single-family Dwelling:”
a.
A “customary home occupation” that does not include visits by customers or the general public with a greater frequency than four per day.
b.
Guest Quarters and servant quarters for persons in the employ of the family occupying the principal dwelling.
c.
Private swimming pool. Both in-ground and above-ground pools require a fence at least 4 feet in height with no gaps or openings larger than 4 inches, and with all gates to be self-latching and self closing. Any pool must be located within the setbacks specified in Section 10-4, measured from water edge.
d.
Upon compliance with all other ordinances and laws, one horse, or equine (horse related animal), may be kept on the first acre on which the primary residence is located. For each additional adjoining half-acre, one additional such animal may be kept. At least 10,000 square feet of the property must be dedicated and available for use for each horse. Private “stable or loafing shed” uses may be conducted in a Minor Accessory Building meeting the requirements of Section 10-5(1).
e.
“Greenhouse” for non-commercial usage conducted in a Minor Accessory Building meeting all the requirements of such an accessory building.
f.
Off street parking (uncovered) may be provided for vehicles having valid and current license plates, registration, and inspection certificates or stickers or for boats with valid and current registration numbers, plates, certificates and stickers, as follows:
(i)
If located in front of the front line of the residence, off-street parking may be provided for cars, vans, and pick-up trucks not exceeding one-ton gross vehicle weight rating. The parking area and all driveways and drive approaches must be constructed of concrete, asphalt, or paving brick.
(ii)
If located on the side of the residence, off-street parking shall be located behind the front line of the residence and may be provided for cars, vans, pick-up trucks and trucks with a gross vehicle weight rating of not more than 1 1/2 tons; or, one camper, travel trailer or recreational vehicle; or one pleasure boat and boat trailer, none of which may exceed forty (40) feet in length. The driveways and drive approaches must be constructed of concrete, asphalt, or paving brick.
(iii)
If located behind the rear line of the residence, off-street parking may be provided for properly registered (to the extent required by law) cars, vans, pick-up trucks, trucks with a gross vehicle weight rating of more than 1 1/2 tons, campers, travel trailers, utility trailers, recreational vehicles, or pleasure boats and boat trailers, none of which may exceed forty (40) feet in length. Not more than three (3) of any of the foregoing vehicles may be parked at one time. No additional vehicle in excess of the three-vehicle maximum shall be permitted within the off-street parking area unless the property owner or occupant shall first have obtained the written permission of all property owners within two hundred (200) feet of the property line of the premises, excluding streets and alleys. The parking area may be of any hard, all weather surface, whether or not improved, including grass.
10-3
Minimum Size of Lot:
Lot Area: One (1) acre (43,560 square feet).
Lot Width: 150 feet.
Lot Depth: 200 feet.
10-4
Principal Building (Dwelling or Structure):
Minimum Building Size: 1,600 square feet, exclusive of garages, breezeways and porches.
Maximum Height: 30 feet or not more than two and one-half (2½) stories.
Maximum Lot Coverage: Principal building not to exceed 20% of total lot area.
Exterior Construction: At least 70% percent of the exterior walls of the first floor of all structures, including all frame work surrounding all doors and windows, shall be of masonry construction exclusive of doors, windows, the area above top plate line, gables and roofs. The 70% masonry requirement shall also apply to all additions or modifications to the principal building and to all attached garages and attached accessory buildings.
Front Yard: Minimum depth from edge of road easement to front of Principal Building - 45 feet.
Side Yard: Setback of at least 20 feet from the property line or road easement, which ever is the closest.
Rear Yard: Setback of at least 35 feet from the property line.
10-5
Accessory Building (Detached):
(1)
Minor Accessory Building:
(including pre-fabricated buildings and building on skids.)
Type:
a.
“Storage” type for tools, lawn care equipment, etc., and,
b.
Gazebo or pavilion
c.
“Stable or loafing shed” type for animals.
Maximum Size: | Storage type: | 200 square feet footprint |
Gazebo or pavilion: | 200 square feet footprint | |
Loafing shed: | 200 square feet footprint | |
Stable: | 200 square feet footprint |
Maximum Number: Two (2) (provided no major accessory building exists); only one (1) minor accessory building may be a stable or loafing shed. If a major accessory building of 1,000 square feet or less exists, only one (1) minor accessory building shall be allowed. No minor accessory building will be allowed if a major accessory building over 1,000 square feet exists. The following table illustrates the maximum number of accessory buildings, including pavilion or gazebos allowed for each property: |
Maximum Number of Accessory Buildings | |||
|---|---|---|---|
Minor | Major (1000 sf) | Major (1200 sf) | Gazebo/Pavilion |
2 | none | none | 1 |
1 | none | none | 2 |
1 | 1 | none | 1 |
none | none | 1 | 1 |
Maximum Height: One story, not to exceed 18 feet to roof peak. | |
Location: Must be located behind the rear line of the residential dwelling and at least 15 feet from any other structure. | |
Side Yard/Rear Yard: | |
a. | Storage type: Setback of at least 8 feet from the property line or road easement, which ever is the closest. |
b. | Stable or loafing shed: Located at least 30 feet from any property line of an adjacent owner, at least 40 feet from any dwelling on any adjacent property and at least 40 feet from any road. |
Type of Exterior Construction: The building’s construction material must be substantially similar in color, composition and design as that of the residential building, and be of brick, wood, simulated wood, vinyl or factory painted aluminum. Sheet metal siding is expressly prohibited. A gazebo/pavilion is defined as an open structure without walls; railings are permissible. Roofing material must also be substantially similar in color, composition and design as that of the residential building and comply with the Town’s Roofing ordinance. Greenhouses may be made of glass or like products. | |
(2)
Major Accessory Building:
Type: Shop or recreation building, swimming pool cabana, boat storage, detached garage for boat, recreational vehicle and motor vehicle storage, home office, or stable. Major accessory buildings shall not be used as rental property, guest houses or servant’s quarters. If toilet and/or shower facilities are provided, adequate wastewater disposal must be provided and approved by the appropriate Town representative. Major accessory buildings may not be used for commercial purposes and may not be used as rental property.
Note. No carports or other exterior structures designed or intended for the storage of vehicles or boats, whether attached or free-standing, shall be allowed and are expressly prohibited; provided, however, that a porte-cochere for the main entrance of the residential dwelling, may be permitted
Maximum Size: 1,000 square feet of usable enclosed area, where enclosed area is defined by the inside dimensions and usable area as any area which has side walls of at least 4 feet in height. As an exception to the foregoing maximum size requirement, a major accessory building may not exceed 1,200 square feet of usable enclosed area provided there is no minor accessory building on the property, except one pavilion or gazebo. If two stories, the footprint of the major accessory building is to be reduced in proportion, so that the total, usable enclosed area does not exceed the maximum size allowed.
A porch, if attached to the main structure, whether under roof or not, may not exceed in size an additional 20% of the total footprint of the building itself. If a larger porch is desired, the usable enclosed area must be reduced proportionally so that the total under roof does not exceed 1200 square feet or 1440 square feet respectively.
Maximum Number: One (1). The following table illustrates the maximum number of accessory buildings, including pavilion or gazebos allowed for each property:
Maximum Number of Accessory Buildings | |||
|---|---|---|---|
Minor | Major (1000 sf) | Major (1200 sf) | Gazebo/Pavilion |
2 | none | none | 1 |
1 | none | none | 2 |
1 | 1 | none | 1 |
none | none | 1 | 1 |
Maximum Height: One story, not to exceed 18 feet to roof peak.
Maximum Height: 2 stories or 30 feet to roof peak, total height may not exceed that of the principal dwelling.
Location: Located behind the rear line of the residential building, and at least 15 feet from it or any other structure.
Side Yard/Rear Yard: Setback of at least 15 feet from the property line or road easement, which ever is the closest.
Driveway: Requires a separate permit. A driveway from the street to any major accessory building, detached garage or off-street parking, must be constructed of concrete asphalt or paving brick.
Door: For safety, a minimum of two (2) openings is required one of which may not exceed 48" in width. If used as a garage, one 12' wide by 14' high maximum size door which may face the front will be allowed.
Exception: As an exception, one 16 foot by 10 foot door or two 9 foot by 10 foot doors may be permitted, provided that they may not face the front and that construction of the building must be 70% brick or masonry substantially similar in color, composition and design as the main residential building. At least two openings will be required.
Type of Exterior Construction: The building’s construction materials must be substantially similar in color, composition and design as that of the residential building, and at least 70% of the structure must be brick or masonry and generally meet the requirements for the principal residential building. Sheet metal siding are expressly prohibited. Roofing material must also be substantially similar in color, composition and design as that of the residential building and comply with the Town’s Roofing ordinance. A major accessory building which is 500 square feet or less of usable space is exempted from the foregoing brick or masonry requirement but must be substantially similar in color, composition and design of the principal dwelling and generally meet the requirements for the principal residential building.
Foundation: A concrete foundation is required for all major accessory buildings.
(Ordinance 04-15 adopted 9/20/04; Ordinance 04-15 adopted 9/30/04; Ordinance 06-03, sec. 1, adopted 1/23/06)