Oak Leaf City Zoning Code

One original of the Zoning Map shall be filed in the office of the city secretary and labeled as Ordinance No. 2020-13. This copy shall be the “Official Zoning Map” and shall bear the signature of the mayor and attestation of the city secretary.

Reproductions for informational purposes may be made of the official Zoning Map.

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following City limits shall be construed as following City limits lines.

Boundaries indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.

Boundaries indicated as a parallel to or extensions of features indicated in Subsections (a) through (d) above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

Whenever any street, alley, or other public way is vacated by official action of the City Council, the vacated area shall be rezoned according to amendments to the zoning ordinance.

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

Where physical features on the ground conflict with information shown on the Official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (g), the property shall be considered as classified, single-family, in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in Section 6.1 - Zoning Upon Annexation for temporarily zoned areas.

Compliance with the Zoning Ordinance shall apply to all land, buildings, structures or appurtenances located within the City which are hereafter:

The land, buildings, structures or appurtenances described in section 1.3.1.a. - Applicability shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as established by ordinance.

Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern. Notwithstanding the foregoing, the City may, but is not required to, seek enforcement of a more restrictive regulation imposed by a person or entity other than the City.

The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

In the event that any property or Zoning District set forth on the Zoning District Map as provided in Section 1.1. - Zoning District Map of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following:

The words in the singular shall include the plural and words in the plural shall include the singular.

The present tense includes the past and future tenses and the future the present.

The word “shall” and “must” are mandatory while the word “may” is permissive.

The masculine gender includes the feminine and gender neutral.

Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.

If there is an expressed conflict:

It is further the intent that nonconforming uses shall not be:

Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.

For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows.

Any use, platted lot, and/or structure which is lawful at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.

A use, platted lot and/or structure that was lawfully commenced and in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legal nonconforming.

If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six (6) months, then such nonconforming use shall be presumed to be permanently abandoned. Unless the City Council determines, upon evidence presented by the owner that the nonconforming use or structure was not abandoned, or unless the City Council reinstates the nonconforming rights pursuant to Section 6.10 - Reinstatement of Nonconforming Rights of this ordinance, such a use shall not be instituted or continued on that parcel or other parcel in any district which does not permit the discontinued use. For the purpose of this paragraph, to “cease operations” shall mean to intentionally terminate operations of the nonconforming use. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to Section 1.4.1.A. may request that the nonconforming rights to the use be reinstated pursuant to Section 6.10. - Reinstatement of Nonconforming Rights of this ordinance.

A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in Section 1.4.6. - Expansion of Nonconforming Uses and Structures.

Any existing vacant lot platted prior to October 13, 2020, which was legally conforming, shall be deemed a conforming lot.

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

A nonconforming use may not be changed to another nonconforming use.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 1.4.6. - Expansion of Nonconforming Uses and Structures.

A nonconforming use located within a building may be extended throughout the existing building, provided.

Nonconforming use within a building shall not be extended to occupy any land outside the building.

Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide on-site parking.

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official “lot of record” prior to October 13, 2020, may be used for a single family dwelling.

Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.

Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance.

In the case of partial destruction of a nonconforming structure not exceeding fifty-one (51) percent of its total appraised value as determined by the Ellis Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.

Nonconforming structures may be relocated within the same platted lot.

Nonconforming structures shall comply with all setback and screening requirements.

A building or structure for which a building permit has been issued or a Site Plan approved prior to October 13, 2020.

A building or structure for which a complete application for a building permit was accepted by the building inspector on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.