Double Oak City Zoning Code
§ 15
“R” RETAIL DISTRICT.
15-1
General Purpose and Description of the Retail District:
This district is to allow the development of a business district with offices and stores grouped together designed to serve the needs of the surrounding residential neighborhood, providing professional services and goods that are classified as convenience services and/or goods.
15-2
Use Regulations:
The following uses shall be permitted as principal uses but are not intended as a limitation:
a.
Food market
b.
Drug Store and/or pharmacy
c.
Clothing Store
d.
Shoe Store
e.
Jewelry Store
f.
Gift Shop
g.
Radio, TV and Music Store
h.
Dry Goods and Notion Store
i.
Hardware Store
j.
Restaurants serving food and beverages
k.
Barber and Beauty Shops
l.
Dry Cleaning Service
m.
Shoe Repair Shop
n.
Tailor and Dressmaker Shop
o.
Nursery Schools and Day Care Center
15-3
Accessory Uses
Accessory uses, defined as and limited to uses customarily incidental to the permitted principal uses.
15-4
Parking Regulations
(1)
One (1) parking space shall be required for each 200 to 300 square feet of interior floor area (under roof). Any deviations from this requirement must be reviewed by the Planning and Zoning Commission with a recommendation forwarded to the Town Council for final approval.
(2)
All driveways and parking areas must be asphalt or concrete construction.
15-5
Area Regulations
The following minimum requirements are:
(1)
A Retail District shall be no closer (as measured by the closest positioning of property lines) than 500 linear feet to a residential district as dictated by intervening non-retail and non-residential districts.
(2)
(a)
A buffer zone will be required with appropriate screening by an engineered masonry wall, 6-8 feet in height and placed upon or in close proximity to the property line. The zone between this wall and adjoining paved areas will be 20 feet set inside the screening wall and shall be landscaped as indicated below.
(b)
For each 30 linear feet of buffer zone frontage the minimum landscaping requirement shall be one (1) large evergreen tree and eight (8) evergreen shrubs. The trees shall be a minimum 8 to 10 feet in height at planting and reach a minimum of 20 feet in height and spread at maturity. The shrubs shall be a minimum of 4 feet in height at planting (5 gallon container minimum) and reach a height of 8 feet at maturity. All shrubs shall be edged and all plant material mulched with two-inch layer of bark or shredded Cypress mulch. All other areas of this buffer zone shall be covered with appropriate type of turf grass. The entire buffer zone area shall be provided with adequate and inconspicuous automatic irrigation system, and shall be properly maintained at regular intervals, according to the town’s standards. Other landscaping concepts that promote water conservation will be considered.
(3)
Depth of front setback - 50 feet
(4)
Depth of rear setback, excluding buffer zone - 50 feet
(5)
Width of side setback, excluding buffer zone - 25 feet
(6)
Minimum width of lot - 150 feet
15-6
Height and Area Regulations
The following maximum height and area regulations shall be observed:
(1)
All building elevations and exterior surfaces shall be 100% masonry exclusive of doors and windows. Acceptable materials are brick, stone, split faced concrete block and stucco. Stucco elements are limited to a maximum of 20% of the area of any elevation. The height of any structure including the parapet front elevation shall be limited to 40 feet in height. The structure shall also be limited to two (2) stories or less.
(2)
Lot coverage by building excluding buffer zone - 30%
(3)
Lot coverage by buildings, driveways and parking spaces - 80%
(4)
All structures shall be compatible, in the judgment of the Planning and Zoning Commission, with the surrounding residential structures as well as with other existing structures within the Retail district.
15-7
Additional Regulations
(1)
All building elevations to be 100% masonry exclusive of doors and windows. Acceptable materials are brick, stone, split faced concrete block and stucco. Stucco elements are limited to a maximum of 20% of the area of any elevation.
(2)
All buildings over 5000 square feet under roof, regardless of occupancy, will require the installation of interior sprinklers and fireproof construction, to be inspected and approved by the Double Oak Volunteer Fire Department. All commercial buildings, regardless of size, will also require fire hydrants, which must be installed so that all portions of proposed buildings are within 300 feet of a fire hydrant. All fire hydrants shall be installed in accordance with the requirements of the Bartonville Water Supply Corporation. All fire hydrants must have a minimum clearance of 5 feet for access and visibility, for 180 degrees facing the front.
(3)
All structures shall be compatible, in the judgment of the Planning and Zoning Commission, with the surrounding residential structures as well as with other existing structures within the Retail district.
(4)
All applicable ordinances of the Town including roofing ordinance will apply. All outside lighting features shall be placed and reflected in such a manner so as not to create annoyances, nuisances, or hazards.
(5)
All signs must be reviewed by the Planning and Zoning Commission, for recommendation to the Town Council. All signs must be in accordance with the Town’s sign ordinance.
(6)
No pole signs or billboards will be allowed and no signs above the roof line will be permitted.
(7)
In the event that any project in this section is proposed to be built in stages or phases, a second or following stage has to not only be in accordance with all regulations but also assure continuity in style and construction with the first stage built.
15-8
Special Factors for Consideration
In granting or denying an application for Retail District classification, the Planning and Zoning Commission in its recommendation and the governing body of the Town may take into consideration the following factors without limitation to the consideration of other factors:
(1)
Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(2)
Safety from fire hazards, and measures of fire control.
(3)
Protecting the property, adjacent property, and other properties within the Town from flood or water damage.
(4)
Noise producing elements, glare of vehicular and stationary lights and the effect of such noise and lights on the established character of neighboring property.
(5)
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
(6)
Adequacy of on-site parking facilities; location of ingress or egress points for parking and off-street loading and the surfacing of all parking areas to control dust and for the protection of public health.
(7)
Such other measures as will secure and protect public health, safety, morals and general welfare.
(8)
Off-street parking, unless specifically regulated in the ordinance adopting the Retail District classification, shall be governed by other applicable provisions of the comprehensive zoning ordinance or other applicable ordinances of the Town.
(9)
The economic and/or environmental impact the use may have on property within the Town as a whole, as well as on adjoining property, and whether an economic and/or environmental impact study should be submitted as a part of the application for Retail District zoning.
(10)
The aesthetic appearance of the use, and other sensory effects that the use may have on the established character of the neighborhood, its property and the property within the Town as a whole.
(11)
Wastewater disposal.
(12)
The existing natural landscape character (especially native oaks, elms, and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use best efforts to preserve such trees. In determining whether there is compliance with this subsection the Planning and Zoning Commission shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the existing public which necessitate disturbance of the existing natural landscape character, the nature and quality of the landscaping installed to replace it, and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation on a lot is prohibited.
15-9
Compliance with Site Plan
All improvements to the land and all buildings and construction on the land shall be submitted for review by the Planning and Zoning Commission and final approval by the Town Council and shall be in accordance with a site plan and/or development plan which shall be made a part of the adoptive ordinance. If a zoning change has previously been approved without the approval of a contemporaneous site plan or development plan, the submission and recommendation for approval of such plan by the Planning and Zoning Commission and the approval by the Town Council shall nevertheless be required prior to all development and building construction within the Retail District. When a simultaneous zoning change is not required, the site or development plan must comply with the special factors for consideration enumerated herein and the Planning and Zoning Commission and the Town Council shall take such factors into consideration prior to recommendation or approval.
After adoption of an ordinance granting Retail District zoning classification, the Town Council, with the prior recommendation of the Planning and Zoning Commission and upon finding that a requested site plan change is a minor change that will not adversely impact adjacent or other properties within the Town, may authorize by written order minor alterations to the site plan without further notice or public hearing. The Council’s order shall be attached to or filed with the original ordinance or original site or development plan; provided, however, no such amendment to the site plan shall be made that would conflict with the final plat of such property after the final plat has been approved by the Town and filed of record.
15-10
Designation of Zoning Map
On the official zoning map of the Town, “R” Retail districts shall bear the prefix designation of “R” followed by the ordinance number granting the Retail District classification.
(Ordinance 05-31, sec. 2, adopted 12/19/05)