This chapter shall be known as "The City of Live Oak, Texas, Zoning Ordinance."

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

That there be enacted the following zoning ordinance, which amends in its entirety, the zoning ordinance of the City of Live Oak, Texas, said amendments together with a map creating and delineating zoning districts.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, and general welfare of the city. They have been designed to lessen the congestion in the street; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or chapter, the requirement that is more restrictive or that imposes higher standards as determined by the building inspector shall govern.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Conflicts between regulations.

(1)

In the event of a conflict between the requirements of this chapter and state law, the requirements of state law shall apply.

(2)

In the event of a conflict between the regulations contained within this chapter and regulations or standards contained within any other ordinance, code or regulation of the city, the more restrictive regulation or regulation which imposes higher standards shall apply.

(3)

In the event of a conflict between the regulations contained within this chapter and the city's development manual or technical manual, the requirements of this chapter shall apply.

(b)

Gender and number.

(1)

The use of the masculine herein includes the feminine; the use of the singular includes the plural.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this article. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number; and words used in the plural number include the singular number. The words "shall" and "will" are always mandatory while the word "may" is discretionary.

Any term not expressly defined in this section shall be construed in accordance with customary usage in municipal planning and engineering practices. If a question arises about a term, the city manager or his/her designee shall determine an appropriate definition and may use the American Planning Association's, A Planners Dictionary, or similar industry references.

Abutting property. Property abutting upon a street shall be understood as also abutting property on the other side of the street.

Accessory building. In a residential zoned district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes and not rented or containing an accessory dwelling unit, a storage room for domestic storage only or space for one or more automobiles. In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building. Railroad cars, vehicles and shipping containers are prohibited from being used as accessory buildings.

Accessory dwelling unit. A residential dwelling unit located on the same lot as a single-family dwelling unit, which is in a detached unit or detached building. Accessory dwelling units shall be serviced on the same utility meters as the main building.

Accessory equipment and appliances. mechanical equipment and appliances which are ancillary to the primary use of the property, located outside of a structure, and are not classified as an accessory building. Examples of accessory equipment and appliances includes but is not limited to tire inflation equipment, building generators, and small ice storage freezers. This definition shall not include electric vehicle charging stations.

Agent. Person authorized by another to act for him, one entrusted with another's business.

Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

Apartment house. A multi-family dwelling containing three or more dwelling units within a single structure where the families live independently as separate housekeeping units which contain separate facilities for food preparation.

Automobile service station. Any premises used primarily for sales of petroleum products at retail direct to the customer, including accessories and service for vehicles.

Automobile and motor vehicle sales area. An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Babysitting. The caring for nine or less non-resident children on an irregular basis.

Billboard. Any sign of advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from said display.

Block. An area within the city enclosed by streets or alleys and occupied by or intended for buildings.

Boarding (lodging) house. A building other than a hotel, where lodging and meals for three or more persons are provided for compensation.

Breezeway. A covered passage one story in height connecting two buildings.

Building. Any structure erected for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind.

Building inspector. The legally designated inspection authority of the city, or the authorized representative.

Building line. A building limit fixed at a specific distance from the front or side boundaries of a lot beyond which a structure cannot lawfully extend.

Building setback line. The line within a property defining the minimum horizontal distance between a building and the adjacent street line.

Building, main. A structure in which is conducted the principal use of the lot on which it is situated.

Certificate of occupancy. A certificate issued by the building inspector for the use of a building, structure, and/or land complying with the provisions of all applicable city codes, ordinances, and regulations.

Church, temple, synagogue, mosque or other place of worship. A building designed and used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem taxes as permitted by state law. For the purposes of this definition, bible study and other similar activities which occur in a person's primary residence shall not be considered as a church, temple or place or worship.

City. City of Live Oak, Texas.

City official. The legally designated head of a city department or the authorized representative when acting in an official capacity.

City manager. The city manager for the City of Live Oak, Texas or his/her designee.

Clinic. An establishment of offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians.

Commercial amusement. Any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, concerts, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises.

Commercial radiology clinic. A facility devoted to conducting radiology processes including but not limited to nuclear medicine, ultrasound, CAT scanning, and routine radiography.

Commission. The planning and zoning commission of the City of Live Oak, Texas.

Common access route. A private way which affords the principal means of access to individual home lots or auxiliary buildings.

Common property. A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a planned unit.

Comprehensive master plan. A legal document often in the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of its general policies regarding the long-term development of its jurisdiction. It is also called a "general plan" or "city plan."

Contractor's storage/equipment yard. Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft. This use includes the on-site assembly of components that are used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Convenience self-service station. An establishment for the retail sales of automotive petroleum products, but not including any type of automotive service and repair or body work.

Council. The city council of Live Oak, Texas.

Court. An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Crosswalk way. A public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation.

Cul-de-sac. A street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Day nursery. A commercial enterprise where ten or more children are left for care between the hours of 7:00 a.m. and 11:30 p.m.

Dead-end street. A street, other than a cul-de-sac, with only one outlet.

District. A section of the City of Live Oak, for which regulations governing the zoning area, height, and use of buildings are uniform.

Driveway. A minor entranceway off the common access route within the city, into an off-street parking area.

Duplicating-copy service. A retail facility for the reproduction of paper material by office type photocopiers, offset presses, and duplicators and shall not include the bulk printing of newspapers, magazines, books, etc.

Easement. An interest in land granted to the city by the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

Engineer. A person duly authorized and properly registered under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.

Family. A group of two or more persons related by blood, marriage, or adoption residing together; this is the basic occupancy intended for "single-family residence" district.

Farm. An area often ten acres or more, which is used for the usual farm products such as vegetable, fruits, trees, and grain and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that the normal activities.

Fence. A visual barrier constructed to a height of not more than eight feet. A chain link fence is not considered a visual barrier.

Fraternal club or lodge. A membership organization, excepting one whose chief activity is a service customarily carried on as a business and excluding on-premises sale and/or consumption of alcoholic beverages, in the "B-1" through the "B-2" districts. Such use shall be nonprofit and with no retail sales of any nature being permitted in the "B-1" district.

Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street.

Front yard. An open unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.

Garage, commercial. A commercial garage is a premise and structure used for housing more than five motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire, or sale.

Garage, private. An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is necessary. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.

Garage, public. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

Garden home. Is an individually owned single-family home, separated from its neighbor by a minimum of ten feet on a lot having a minimum of 5,000 square feet.

Height, building. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building, to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.

Home occupations. Any occupation that is customarily performed at home that does not involve a structural change in the building, that does not require the employment of help, the installation of equipment, and shall not include beauty culture schools, beauty parlors, barber shops, electrician shops, radio shops, plumber's shops, tinner shops, auto repair and/or painting, furniture repair, or other similar uses.

Hospitals. An institution or place where sick or injured in-patients are given medical or surgical care either at public (charity) or private expense.

Hotel. A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without means, in which the rooms are usually occupied singly for hire, in which there are no provisions for cooking in individual rooms or apartment, and in which there are more than 12 sleeping rooms.

Ice making/water vending station. A free standing unmanned automated vending station which sells ice and or water in a self-service style. Ice making/ water vending stations shall be separate and distinct from accessory equipment and appliances.

Individualized manufacturing of medical equipment. A facility where the actual manufacturing of medical equipment is performed by bending, forming, sewing, or molding for the fitting of an individual's needs.

Kennel. Any lot or premises on which three or more dogs, more than the age of six months, are kept.

Kindergarten. Any school, private or parochial, operating for profit or not, attended by four or more children at any one time during part of a 24-hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Laboratory. A facility devoted to the testing and/or analysis of any human or animal product. No manufacturing is conducted on the premises except for experimental or testing purposes. No testing or processing of any product that would be harmful to individuals or the environment shall be permitted.

Landscape buffer. A strip of land with natural or planted vegetation located between the structure and a property line intended to separate and partially obstruct the view of two adjacent land uses or properties from one another or rights-of-way. The landscape buffer may include any required screening for the site.

Loading space. A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

Lot. As used herein, a "lot" is the physical and undivided tract or parcel of land as shown on the duly recorded plat.

Lot area. The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines.

Lot corner. A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of the intersection of the side lot lines intersect at an interior angle of less than 135 degrees.

Lot, double frontage. A lot having a frontage on two non-intersecting streets as distinguished from a corner lot.

Lot, interior. A building lot other than a corner lot.

Lot of record. A lot which is part of a subdivision, the map of which has been recorded in the office of the county clerk of Bexar County; or a parcel of land, the deed of which was recorded in the office of the county clerk of Bexar County.

Medical appliances fitting and sales. A retail or professional establishment where medical equipment or appliances are prescribed, rented, or sold. These items may include braces, wheelchairs, crutches, beds, and hearing aids, etc.

Mini storage. One-story units with no more than 15 storage units per building. To be used only for storage of private property and not for warehousing purposes.

Manufactured home. A movable or portable dwelling constructed to be towed by a motor vehicle on its own chassis over Texas roads and highways under special permit, connected to utilities, and designed without a permanent foundation, for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capability, or of two or more units separately towable but designed to joined into one integral unit. Travel trailers and campers shall be placed under this same section.

Manufactured home park. A unified development of manufactured home and travel trailer spaces arranged on a tract of land under single entity ownership, meeting all requirements of this chapter.

Mobile food vendor. Any business which sells edible goods from a nonstationary location within the city. This includes food trucks, food trailers, concession carts and other vehicle mounted food service establishments designed to be readily movable.

Nonconforming use. The use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated and which use was in existence prior to the effective date of this chapter.

Occupancy. The use or intended use of the land or buildings by proprietors or tenants.

Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches. Open space shall not include off-street parking.

Parking space. A marked area measuring nine feet by 18 feet with sufficient area for backing or maneuvering to permit free ingress and egress.

Pawn shop. An establishment where money is loaned on the security of personal property pledged and retained by the owners (pawnbroker).

Permit. An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Person. Any natural individual, firm, trust, partnership, association or corporation.

Plant nursery. A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated.

Plat. A complete and exact plan for the subdivision of a tract of land into lots for building purposes, which, if approved, may be submitted to the county clerk for recording.

Public parking lot. Any premises used for the purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premises.

Recreational vehicle/boat/auto storage rental facility. A facility designed primarily for storage, on which recreational vehicles, pickup coaches, self-propelled motorized vehicles, ten trailers, travel trailers, boats, and automobiles are parked or situated and used for the purpose of supplying to the public a parking space for such vehicles.

Residence, one family. A detached building having accommodation for and occupied by one family and not more than two boarders or lodgers.

Residence, two family. A dwelling or group of dwellings on one plat containing separate living units for two or more families, but which may have joint services or facilities.

Restaurant/refreshment stand (drive-through only). A retail food business in a freestanding building that serves from a drive-through window to customers seated in their automobiles for consumption off the premises and that provides no indoor seating.

Right-of-way. The right given to the general public or groups of the general public to utilize in the future, property or rights of another without compensation of any kind at any time. Rights-of-way are created by private instruments, plat or law. Utilization when such future time arrives of such right-of-way will be by ordinance, resolution, statute, conveyance of any easement or through any act of the planning commission, declaring that such right-of-way shall thereafter be utilized by the general public or groups of the general public.

Setback line. A line which marks the setback distance from the property line, and establishes the minimum required front, side and rear yard space of a building plat.

Shopping center. An integrated grouping of commercial activity, primarily of a retail and personal service nature, in a single building complex having the individual establishments joined by a common covered pedestrian mall.

Short term rental. A privately owned dwelling, including but not limited to, a single-family dwelling, multiple family attached dwelling, apartment house, condominium, duplex, or any portion of such dwellings, rented by the public for consideration, and used for dwelling, lodging, or sleeping purposes for any period less than 30 days.

Sign. Any device or surface on which figures, letters, illustrations, photographs, designs, logos, or outlines and used for such purposes as identification of individuals, partnerships or organizations; advising of products and/or location which is visible to the public. This includes lights, banners and similar devices to attract attention but excludes signs affixed to motor vehicles.

Smoke lounge. An assembly establishment that is dedicated, in whole or in part to entertaining smokers of tobacco, electronic vaping devices or other similar substances and includes any establishment that allows either the payment of or consideration by a customer to the establishment for on-site delivery of tobacco, tobacco accessories, electronic vaping devices, vapor accessories or similar substances and products to the customer; and, the onsite smoking of such. This definition shall be construed to include establishments known variously as retail tobacco stores, tobacco product shops, hookah cafes, tobacco clubs, tobacco bars, vapor shops/lounges, and similar establishments, provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke lounge".

Smoke/vape shop (including CBD). Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, e-cigarettes, vaping devices, vapor accessories, CBD, CBD products, CBD paraphernalia, and similar substances and products; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, tobacco, or CBD as an ancillary sale shall not be defined as a "smoke/vape shop (including CBD)".

Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Street. Any thoroughfare or public driveway, other than an alley, and more than 20 feet in width, which has been dedicated or deeded to the public for public use.

Street line. A dividing line between a lot, tract, or parcel of land and a contiguous street.

Structure. Anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structure, principal. The principal structure which fulfills the purpose for which the building plot is intended.

Structure alterations. Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Tattoo parlor/body-piercing studio. An establishment whose principal business activity is the practice of one or more of the following:

(1)

Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;

(2)

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Temporary sales (parking lot vendors). A commercial activity where goods, merchandise, or services are sold or offered for sale from a temporary location or mobile location such as a vehicle, pop-up tent, or roadside stand without a permanent building or certificate of occupancy. This definition shall be construed to include activities known variously as temporary vendors, parking lot vendors, roadside vendors, and other similar establishments. Temporary sales shall not include the occasional sale of goods and merchandise by non-profit organizations, when located on a site with a valid certificate of occupancy and permission from the property owner has been given.

Town house. A row of single-family dwelling units which are attached by one or more common walls.

Use. The purpose of activity for which the land or building thereby is designed arranged or intended, or for which it is occupied or maintained, and shall include any manner performance of such activity with respect to the performance standards of this chapter.

Variance. A legal deviation of a district zoning regulation whose strict enforcement will result in undue hardship. Pecuniary hardship to the owner, standing alone, shall not be deemed to constitute undue hardship.

Yard. A space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered a parallel to the street upon which the lot has its least dimension.

Yard, rear. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches.

Yard, side. A yard between the main building and the sideline of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)