Oak Leaf City Zoning Code
SECTION 2
ZONING DISTRICTS
§ 2.1 Zoning Districts Established.
The City is hereby divided into the following zoning districts:
a.
District R - Single-Family Residential District.
b.
District AO - Agricultural-Open Space District,
c.
District B - Neighborhood Business District.
d.
District RE - Single-Family Estate District.
The use, height and regulations are set out herein apply to each district. |
2.1.1
Single-Family Residential District (District R).
a.
General Purpose and Description.
District R is intended to provide a residential environment for single-family detached dwellings on parcels of land having a minimum lot area of one acre (excluding subdivisions annexed prior to 1988).
2.1.2
Agricultural-Open Space District (District AO).
2.1.3
Neighborhood Business District (District NB).
a.
General Purpose and Description.
District NB is intended as a nonresidential zoning district for nonresidential development that is of an appropriate use, scale, and design that is compatible with abutting or nearby residential development and which is designed to promote business development within the City.
b.
Permitted Uses.
1.
All uses, structures and special exceptions permitted in District R; provided, however, tennis courts and swimming pools are not permitted in District NB.
2.
Bakeries, retail only.
3.
Banks.
4.
Florist shops.
5.
Offices and office buildings.
6.
Barbershops, beauty shops, shoe repair shops and indoor restaurants.
7.
Retail stores, provided that no on-site consumption of foods or beverages sold therein shall be permitted.
8.
Any similar uses as determined by the City which are not likely to create any more noise, vibration, dust, heat, smoke, odor, excessive light, glare or objectionable influences than the minimum amount normally resulting from other uses permitted and which meet the appropriate scale and design and are compatible with abutting or nearby residential uses.
c.
Permitted Uses by Specific Use Permit.
1.
Sexually Oriented Business -
A sexually oriented business shall only be allowed in a general commercial zoning district and currently there is no property within the city limits that is zoned commercial. Additionally, Sexually Oriented Business may not be located within 1,000 feet of another sexually oriented business, a residential neighborhood, a public park, a place of worship, a public or private school or a day-care facility, and provided further that no on-site consumption of foods or beverages sold therein shall be permitted. For purposes of this section, such distance shall be measured between the closest property lines of each property.
2.
Personal Wireless Service Facilities -
Facilities for the provision of personal wireless service, including structures commonly known as cellular towers, and ancillary buildings, equipment and related structures, may be allowed in this district following approval of a Specific Use Permit by City Council. Provided, however, that no Specific Use Permit for a personal wireless services facility shall be approved if:
A.
The proposed facility would adversely affect the residential integrity or safety of adjacent or area neighborhoods; or
B.
The proposed facility would create visual blight; or
C.
The proposed facility would create noise or light pollution; or
D.
The proposed facility would create a nuisance to adjacent or area properties.
Further, in order to obtain a specific use permit for a personal wireless service facility, the applicant must establish that:
E.
The applicant cannot provide service to the city from other available locations or existing facilities; and
F.
The proposed facility would utilize state of the art technology to achieve its objectives; and
G.
The proposed facility would comply with all safety standards promulgated by the Federal Communications Commission, or other agency having jurisdiction thereover.
d.
Permitted Accessory Uses and Structures.
Those uses and structures customarily incident to the foregoing uses when located upon the same lot. A sign shall not be allowed as an accessory use or structure, except as hereafter specifically permitted.
e.
Prohibited Uses and Structures.
Any use not permitted under subsection a. of this section and any use or structure otherwise permitted under subsection a. of this section that is objectionable because of odor, excessive light, glare, smoke, dust, noise, vibration, litter or similar or other nuisance shall be prohibited in District NB.
f.
Area Regulations.
The following area regulations shall apply in District NB:
2.
Minimum Building Line Requirements.
B.
Other use: Buildings shall be a minimum of 35 feet from any street line. A minimum of 15 feet shall be maintained between any building and the business district boundary line; provided, however, a building of less than 15 feet in height with no windows facing a residential area may be located within two feet of a business-residential boundary line.
g.
Maximum Height.
The maximum height of structures in District NB shall not exceed 35 feet. The height of a structure shall be the vertical distance as measured from the finished floor elevation to the highest point of the roof of the main building located on the lot. The top of slab may be up to 24 inches higher than required by all other applicable codes and may be added without affecting the maximum allowed height. For any elevation amount exceeding the 24 inches allowance above, the allowed height of the building shall be diminished by an equal amount. Aerial antennas shall not exceed a height of 45 feet as measured from the top of slab.
h.
On- Site Parking Requirements.
1.
There must be sufficient on-site parking provided on the premises of any business use to accommodate the anticipated parking needs of the persons using the premises. On street parking on public streets shall not be counted toward the parking requirement. The minimum number of on-site parking spaces required for specific uses is as follows:
A.
For general office use, including any use in which the principal occupants of the improved building space are employees rather than visitors or customers, two spaces for each 1,000 square feet of gross floor area; and
B.
For any other use, four spaces for each 1,000 square feet of gross floor area.
2.
All parking spaces must be at least nine feet wide and 18 feet long in order to be counted towards the minimum required number. The width of parking spaces shall be measured perpendicular to the parking angle. The length of parking spaces shall be measured at right angles to the parking line.
3.
If approved by the City Council, additional parking may be provided by shared parking agreements between adjacent businesses not separated by a public street.
i.
Service Area Requirements.
Service areas shall be required in District NB. All loading areas, trash pick-up areas and all other service areas located outdoors shall be enclosed by a solid fence, wall or hedge at least seven feet in height, except for an opening for vehicular passage which shall have a solid gate.
j.
Outdoor Storage Prohibited.
k.
Limitation on Signs.
1.
Only on-site signs shall be permitted in District NB.
2.
One wall sign and one freestanding sign shall be permitted on any premises and shall be “sign, on-site” as defined in this chapter. The freestanding sign may contain an electronic message center. “Electronic message center” shall mean a computer-controlled display panel with automatically changing or moving messages displayed by moving or intermittent lights and containing alphanumeric figures only, with no animation. A changing or moving message displayed on an electronic message center must remain constant for no less than five minutes and may be used only to display the name of the business located on the site.
3.
Signs which are equipped with glaring or rotating strobe or spotlights are prohibited.
4.
No sign shall be erected so as to extend into or over the public right-of-way of any street, nor shall any sign be placed so as to interfere with or obstruct vision at any intersection or along any public street.
5.
Notwithstanding the foregoing, an electronic message center on a freestanding sign may not exceed the height of the building on the lot on which the sign is located.
6.
Sign area location:
A.
No sign shall have more than two sides. The sign area includes the surface of a signboard and any portion of the supporting structure or trim upon which a message is displayed; provided, however, in the case of double-sided signs, only one side shall be computed to determine the sign area.
B.
On a lot containing less than one acre, the sign area of a single sign or the sign area on each side of a double-sided sign shall not exceed 64 square feet.
C.
For signs located on a lot containing one-half acre or more that abuts Ovilla Road and upon which one business establishment is located, the sign area of a single free standing sign or the sign area on each side of a double-sided, freestanding sign shall not exceed 80 square feet. The width-to-height ratio of such detached sign shall not exceed one to five or five to one.
D.
For signs located on a lot containing one-half acre or more that abuts Ovilla Road and upon which more than one business establishment is located, each of which share common driveways and on-site parking facilities, the sign area of a single freestanding sign or the sign area on each side of a double-sided, freestanding sign shall not exceed 90 square feet. The width-to-height ratio of such detached sign shall not exceed one to five or five to one.
E.
No sign allowed by this subsection (f) shall be placed in a yard which abuts District R (residential district).
7.
No portable signs are permitted.
8.
Lighted signs which are above the height of the building to which they pertain will be extinguished at or before 12:00 midnight.
9.
All signs shall be kept in a good state of repair.
l.
District Separation Requirements.
1.
Improved business property in District NB shall be separated from contiguous property in District R by any one of the following:
2.
No building shall have windows with a view into any property within District R of the city, provided that the City Council may grant an exception to such requirement if it determines that any such window, while it would literally have a view into property within District R of the city, would be unlikely to result in individuals having an actual view through such window into property within District R.
2.1.4
Single-Family Residential Estate District (District RE).
a.
General Purpose and Description.
District RE is intended to provide a residential estate lot environment for single-family detached dwellings on parcels of land having a minimum lot area of two acres and a minimum residential structure square footage of 2,500 square feet.
(Ordinance 2021-05, ex. A(A), adopted 2/9/21; Ordinance 2020-13 adopted 10/13/20; Ordinance 2021-05, ex. A(B), adopted 2/9/21)
§ 2.2 Development Standards.
2.2.1
Purpose.
The purpose of this section is to establish area regulations and development standards for each zoning district. These development standards are in addition to specific development standards set out elsewhere in Code of Ordinances, such as but not limited to, fencing requirements and tree preservation requirements.
2.2.2
Establishment of Area Regulations and Standards.
Reference Table 2.2 and Table 2.2.1: Development Standards Table.
2.2.3
Additional Area Regulations and Standards.
Additional area regulations and standards may apply to specific zoning districts and may be found within the other sections of this zoning ordinance.
2.2.4
Maximum Impervious Surface.
The cumulative area of any driveway plus any impermeable surface area located between the front property line and any front building wall shall not exceed fifty (50) percent coverage or twenty-five (25) percent coverage for corner lots.
2.2.5
Landscape Requirements - New Construction.
a.
Landscaping is required for all new construction in District R.
Table 2.2.: District R Planting Requirements | ||
|---|---|---|
Lot Size (ft2) | Number of Trees | Number of Shrubs |
Up to 1.49 Acres | 2 | 10 |
1.5 to 2 Acres | 3 | 15 |
2.01 to 3 Acres | 4 | 15 |
3.01 or More Acres | 5 | 15 |
1.
Landscaping of each lot must be completed before the main structure is first occupied as living quarters.
2.
Each lot shall have installed the number of trees and shrubs as referenced with Table 2.2. Existing trees with a minimum trunk caliper of four inches may be counted toward the minimum requirement. Refer to Table 2.2.: Single-Family Planting Requirements.
3.
Trees shall have a minimum trunk caliper of four (4) inches and measured a minimum of 72 inches from the ground. Shrubs should be a minimum of three (3) gallons in size.
4.
Each tree shall be of the following species: live oak, Mexican white oak, Shumard oak, Texas ash, American sycamore, red oak, or pecan.
5.
100% of front, sides and a minimum of 1/4 of back yards shall be sodded or hydro-mulched with warm weather growing grass on or before occupancy by homeowner.
6.
Artificial plants or turf are expressly prohibited.
2.2.6
Irrigation System - New Construction.
a.
Single-Family District (District R and RE).
Irrigation shall be required for all trees and shrubs in areas between the front building face and the street and the on-corner lots, for all trees and shrubs in areas between the front building face and the street and the side building face and the street.
b.
Recommended Irrigation Method.
Trees and shrubs should be irrigated by bubbler irrigation lines. Other landscaping may be irrigated by spray irrigation. Separate valves should be provided to turn off the spray irrigation lines during periods of drought or water conversation. All valves should be controlled by an automatic watering system designed for watering for a specified amount of time at a specified time of day.
2.2.7
Garages.
a.
Single-Family.
Each single-family lot shall have a minimum of two (2) enclosed garage parking spaces.
b.
Front-Facing.
Front, street facing, and/or J swing garage styles shall be prohibited.
c.
Minimum Size.
There shall be a minimum garage size on all new construction of twenty-five (25) feet in width and twenty-two (22) feet in depth.
d.
Exceptions.
1.
Where the configuration of the lot is such that conformity with this provision of this ordinance would create a hardship, the City Council may allow a variance for the lot in question. The variance is only applicable to the submitted site plan and shall be null and void if a new site plan is submitted.
2.
Corner lots in District R and RE shall be permitted a front facing garage such that the front of the house and the front of the garage are not facing the same street.
2.2.8
Driveways.
All new building construction shall have a concrete paved driveway.
a.
Size.
There shall be two (2) parking spaces provided behind the front property line only for the purpose of allowing on-site stacking or maneuvering to the enclosed spaces.
1.
Driveways shall be a minimum of ten (10) feet wide.
d.
Circular Driveways.
Circular driveways shall be designed to accommodate any required parking behind the front building line.
e.
Encroachment into Setbacks.
Refer to Section 4.3.4. - Side Yard Setback.
Table 2.2.: Residential District Development Standards Table | |||
|---|---|---|---|
Development Standards | |||
Lot Dimensions | |||
Lot Size | Up to 1.49 Acres | 1.50 to 2.24 Acres | 2.25 Acres or More |
Setbacks | |||
Minimum Front Yard - Dwelling | 40 ft | 60 ft | 80 ft |
Minimum Front Yard - Accessory Structure | 80 ft | 100 ft | 120 ft |
Minimum Side Yard - Dwelling | 20 ft | 25 ft | 30 ft |
Minimum Side - Accessory Structure | 10 ft | 10 ft | 10 ft |
Minimum Rear Yard - Accessory Structure | 10 ft | 10 ft | 10 ft |
Minimum Side Yard - Pool and/or Spa | 10 ft | 10 ft | 10 ft |
Minimum Rear Yard - Pool and/or Spa | 10 ft | 10 ft | 10 ft |
Dwelling | |||
Minimum Dwelling Area - Single Story Under Air | 3,000 ft2 | 3,000 ft2 | 3,000 ft2 |
Table 2.2.1: Residential Estate District Development Standards Table | ||
|---|---|---|
Development Standards | ||
Lot Dimensions | ||
Lot Size | 2.0 to 2.24 Acres | 2.25 Acres or More |
Setbacks | ||
Minimum Front Yard - Dwelling | 60 ft | 80 ft |
Minimum Front Yard - Accessory Structure | 100 ft | 120 ft |
Minimum Side Yard - Dwelling | 25 ft | 30 ft |
Minimum Side - Accessory Structure | 10 ft | 10 ft |
Minimum Rear Yard - Accessory Structure | 10 ft | 10 ft |
Minimum Side Yard - Pool and/or Spa | 10 ft | 10 ft |
Minimum Rear Yard - Pool and/or Spa | 10 ft | 10 ft |
Dwelling | ||
Minimum Dwelling Area - Single Story Under Air | 2500 ft2 | 2500 ft2 |
Minimum Ground Floor Dwelling Area - Two Story | 1,500 ft2 | 1,500 ft2 |
Maximum Height/Stories | 2.0 | 2.0 |
Second Story max square footage | 40% of ground floor square footage | 40% of ground floor square footage |
(Ordinance 2020-13 adopted 10/13/20; Ordinance 2021-05, ex. A(C), (F)–(H), adopted 2/9/21; Ordinance 2021-14 adopted 9/14/21; Ordinance 2022-09 adopted 7/12/2022)