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Double Oak City Zoning Code

§ 9

"AG-2" AGRICULTURAL DISTRICT.

9-1 
General Purpose and Description:
This district classification serves as a permanent classification for areas of undeveloped or developed land containing 3 acres or more on which farming and raising of cows and/or horses may be conducted and on which a single family dwelling of at least 2,300 square feet may be constructed.
9-2 
Use Regulations:
The land or premise shall be used only for the following purposes:
(1) 
Agricultural Use:
Agriculture, including any customary agricultural building and structure, and such uses as livestock ranges, general ranching, farming, the raising of crops, fruit, and vegetables, horses, cattle, or poultry, on a commercial or business basis and upon compliance with all other ordinances and laws. One cow or horse may be kept on the first acre. For each additional adjoining half-acre, one additional such animal may be kept. For any other animal, a permit must be approved by the Town Council.
a. 
The agricultural use must not cause a hazard to health by reason of unsanitary conditions; must not be offensive by reason of odors, dust, fumes, or noise; and must not otherwise be detrimental to the public welfare.
b. 
The agricultural use may include the construction and use of barns, private stables and loafing sheds as accessory buildings meeting the requirements of this Section.
c. 
All existing structures are grandfathered.
(2) 
Other Uses:
a. 
Parks, playgrounds, community buildings, museums 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.
b. 
Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities.
c. 
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, one year maximum with no option for renewal. A permit shall be required.
d. 
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.
e. 
Such other uses as may be permitted with a Specific Use Permit.
9-3 
Principal Building (Dwelling or Structure):
All single family dwellings must meet the following requirements:
Minimum Building Size: 2,300 square feet, exclusive of garages, breezeways and porches.
Maximum Height: 30 feet or not more than two and one-half (2-1/2) stories.
Maximum Lot Coverage: Principal Building not to exceed 10% of total area.
Exterior Construction: At least 70% of the exterior walls of the first floor of all structures, including frame work surrounding all doors and windows, shall be of masonry construction, exclusive of doors, windows, the area above the 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.
Front Yard: Minimum depth from edge of road easement to front of principal building shall be at least 45 feet.
Side Yard: Setback of at least 20 feet from any property line or road easement, whichever is closer.
Rear Yard: Setback of at least 35 feet from the rear property line.
9-4 
Accessory Building Regulations
(1) 
Classifications.
All accessory buildings must be of one of the following types.
a. 
Type 1:
This type or class of accessory building consists of accessory buildings that support the agricultural use of the property as defined or permitted in Section 9-2(1), such as barns, loafing sheds, private stables or tool/equipment sheds. Electricity and water connections are permitted. Use as additional living quarters is prohibited.
b. 
Type 2:
This type or class of accessory building consists of accessory buildings that are not used for the support of livestock or crops or other agricultural use. Shop or recreation building, swimming pool cabana, boat storage, detached garage for boat, recreational vehicle and motor vehicle storage, home office, or stable are permissible. 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. No Type 2 accessory building will be permitted unless there is a principal residential dwelling on the property. 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.
(2) 
Major Accessory Buildings:
A building permit is required for all major accessory buildings prior to the commencement of construction.
a. 
Type 1 Major Accessory Buildings
Location: 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 materials may be of wood, brick, simulated wood, vinyl, painted aluminum, or corrugated, galvanized sheet metal.
b. 
Type 2 Major Accessory Buildings
Maximum Size: 1,000 square feet of usable enclosed area. As an exception to the foregoing maximum size requirement, a Type 2 major accessory building may not exceed 1,200 square feet of usable enclosed area if there is no minor accessory building. If two (2) stories the footprint of the accessory building is to be reduced in proportion, so that the total usable space does not exceed the maximum size requirement. Porch areas may not exceed an additional 20% of the total usable enclosed area.
Maximum Height: Two (2) stories or 30 feet to roof peak. Total height may not exceed that of the principal dwelling.
Location: Must be located completely behind the rear line of the residential building. Setback shall be at least 15 feet from any property line or road easement, whichever is closer.
Door: One (1) 12 feet wide by 14 feet high maximum size door which may face the front and one (1) entry type door which may not exceed 48 inches in width. For safety purposes, a minimum of two (2) openings is required.
Exception: It shall be an exception to the foregoing requirement if the structure has one (1) 16 foot by 10 foot door or two (2) 9 foot by 10 foot doors, provided that they may not face the front of the structure or any public street and that the construction of the building must be 70% brick or masonry construction substantially similar in color, composition and design as the main residential building. At least two (2) openings shall 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 is 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 70% 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 Type 2 major accessory buildings.
(3) 
Minor Accessory Building
(including pre-fabricated buildings and buildings on skids).
a. 
Type 2 Minor Accessory Building:
Storage for tools, lawn care equipment etc., will be permitted only in connection with the residential dwelling on the property.
Maximum Size:
200 square feet footprint.
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 8 feet from the property line or road easement, whichever is closer.
Type of Exterior
Construction: The building's construction material must be substantially similar in color, composition and design as that of the residential building, be of wood, brick, simulated wood, vinyl or factory painted aluminum. Sheet metal siding is expressly prohibited. Roofing materials 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.
9-5 
Driveways.
The construction of a driveway shall require a separate permit.
9-6 
Private Swimming Pool.
A private swimming pool will be permitted only in connection with a residential dwelling. 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 at least 4 feet from the property line or road easement, measured from water's edge.
9-7 
Fences.
Wood, plastic, metal or wire may be used to corral animals. Barbed wire and electric fences are permitted.
NOTICE: If a different zoning classification is later sought or imposed on the property, barns, stables or loafing sheds shall not be permitted to remain as nonconforming structures if after construction of a dwelling they will not conform to all regulations of the particular zoning district. Therefore, if barns, stables, or loafing sheds are to be used on property that may later be considered for any other zoning classification which would permit a single-family dwelling, careful consideration of the location of these structures on the property in relation to the possible future location of a dwelling should be made. For example, barns are not permitted in other residential classifications, and stables and loafing sheds are permitted only behind the rear line of a dwelling, with specific side and rear yard setbacks.
In addition to the foregoing, fences will have to conform to specifications for residential classifications where barbed wire is expressly prohibited. New driveways will have to be constructed of asphalt, concrete, paving bricks or gravel. However, driveways made of gravel will have to be paved with asphalt, concrete, paving bricks or other approved surfacing material when a new zoning classification is later sought.
(Ordinance 37 adopted 2/27/88)