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Oak Leaf City Zoning Code

SECTION 4

SITE DEVELOPMENT REQUIREMENTS

§ 4.1 SCREENING STANDARDS.

4.1.1 
Scope.
Standards set forth in this section establish the required screening.
a. 
Applicability.
The standards and criteria contained in this section are the minimum standards.
b. 
Exceptions.
All plats with an approved Site Plan and/or Landscape Plan prior to October 13, 2020 shall be considered legal nonconforming.
4.1.2 
Thoroughfare Standards.
a. 
Applicability.
Regulations are prescribed for the location and type of screening devices to be used when required in zoning districts or in this section.
b. 
Screening Wall Materials.
Under a Specific Use Permit, a screening wall or fence required under the provisions of this section or other requirement shall be constructed of clay-fired brick or stone masonry units in a Business District.
1. 
All wall or fence openings within a required screening element shall be equipped with gates equal in height and screening characteristics to the wall or fence.
2. 
Split-face concrete masonry units, or pre-cast panels are prohibited.
c. 
Screening Wall Finishing on Both Sides.
1. 
All masonry screening walls shall be equally finished on both sides of the wall;
2. 
The style, color, and material of the wall must be consistent within the development.
d. 
Screening Installation and Maintenance.
1. 
All required walls, fencing, and other screening materials must be installed and completed prior to final acceptance of the project.
2. 
The property owner shall maintain all screening fences, walls, and landscaping.
3. 
Repairs to existing walls will be permitted with the addition of galvanized metal supports being added to the area being repaired.
e. 
Access Management.
1. 
Screening walls shall have adequate breaks to allow pedestrian and bicycle traffic to access parks and public paths.
2. 
Screening walls shall be designed so as not to create a barrier between residential districts.
[1]
Editor’s note—Original has this as Subsection a
4.1.3 
Thoroughfare Screening/Buffer Areas.
a. 
Living Screen.
1. 
Adjacent Property.
Side and/or rear yards of single-family land that are adjacent to nonresidential or a thoroughfare;
2. 
Landscape Buffer.
Thirty (30) foot minimum width as measured from property line to edge of street.
3. 
Pavement.
Parking or other impervious surface; may drain to Water Resource Zone in buffer.
4. 
Trees.
Two rows, large evergreen trees;
Minimum six (6) feet in height at planting and create a solid screen. Spacing shall be determined based on species and approved by a licensed landscape architect.
5. 
Pedestrian Path.
Minimum six (6) feet in width; surface may be impervious or natural. Natural surfaces must be pre-approved by the City and included in the Landscape Plan.
6. 
Private Fence.
Fencing material must be of the same type and style for the entire length of screen. Maintenance of the fence will be the responsibility of the homeowner upon acceptance of the development by the City.
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4.1.4 
Screening for Refuse (Trash) and Recycling Storage Container - New Single-Family Construction.
a. 
Refuse and recycling receptacles shall be located to minimize their visibility from public streets.
b. 
Screening enclosures shall be visually and aesthetically compatible with the overall project;
4.1.5 
Screening for Utilities, Mechanical, and Service Facilities - New Construction.
a. 
Applicability.
The standards and criteria contained in this section are the minimum standards.
b. 
Finish of Accessory Elements.
Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.
c. 
Ground-Mounted and Roof-Mounted Mechanical Equipment Screening.
1. 
All mechanical equipment shall be screened from street view.
2. 
If a parapet does not accomplish this screening, a screening wall equal to the height of the equipment shall be provided.
3. 
Buildings adjacent to single-family zoned property or property that is designated as single family on the Future Land Use Plan shall provide a screening wall equal to the height of the equipment on all sides that face the residential property.
4. 
In all cases, screening shall be compatible with building materials.
d. 
Pool/Spa Equipment Screening.
1. 
All pool and/or spa equipment shall be screened from street view.
2. 
The Oak Leaf fence ordinance, as amended, shall apply to the screening requirements.
4.1.6 
Screening for Above-Ground Propane Tanks - New Construction.
a. 
Propane tank(s) shall be screened from street view.
b. 
The City of Oak Leaf fence ordinance, as amended, shall apply to the screening requirements.
(Ordinance 2020-13 adopted 10/13/20)

§ 4.2 ACCESSORY STRUCTURE STANDARDS.

4.2.1 
Accessory Structure Use in District R and RE.
An accessory building is a subordinate or incidental building, detached from the main building without separate kitchen facilities, not used for commercial purposes and not rented. A garage apartment and a guest house may include kitchen facilities but shall not be used for commercial purposes and shall not be rented.
4.2.2 
Garage Apartment or Guest House.
A single garage apartment or single guest house shall be allowed as an incidental use on the same lot or tract as the main dwelling unit and shall not be leased or rented.
a. 
Location.
A garage apartment shall be constructed attached to a garage, either above or adjacent to the garage.
b. 
Building Permit Requirement.
A garage apartment or guest house may be constructed only after the issuance of a building permit.
c. 
Independent Sale and Sublet Prohibited.
A garage apartment or guest house may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
d. 
Setbacks.
Setback requirements shall be the same as for the main structure.
4.2.3 
Area Regulations for Accessory Structures in District R.
An accessory structure is prohibited in any easement.
Single-Family Residential District. Accessory structure yard requirements shall be the same as the main structure unless otherwise specified in the zoning district or approved by the City on a Preliminary Site Plan.
4.2.4 
Detached Garage and Accessory Building - New Construction.
a. 
Building Permits.
1. 
Required for buildings greater than two hundred fifty (250) square feet.
2. 
Not required for buildings less than or equal to two hundred fifty (250) square feet. A permit may be required for flatwork, electrical, plumbing, etc.
4.2.5 
Carports.
a. 
New Structures.
The construction of a carport shall be prohibited.
b. 
Existing Structures.
Dwellings with carports constructed prior to October 13,, 2020 which are not in compliance with the above regulations shall be deemed a nonconforming use.
(Ordinance 2020-13 adopted 10/13/20; Ordinance 2021-05, ex. A(J), adopted 2/9/21; Ordinance 2021-15 adopted 9/14/21)

§ 4.3 SUPPLEMENTARY REGULATIONS.

4.3.1 
Residential Lot Regulations.
a. 
Minimum Residential Lot Area and Exceptions.
The minimum lot area for the various zoning districts shall be in accordance with the individual districts except that a lot having less area than herein required which was an official “lot of record” prior to the adoption of this zoning ordinance, October 13, 2020, may be used for a single-family dwelling and no lot existing at the time of passage of this zoning ordinance shall be reduced in area below the minimum requirements set forth in the respective district.
b. 
Location of Dwellings and Buildings.
1. 
One Main Building for Single-Family Use.
Only one main building for single-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract.
2. 
Access.
Every means of access shall have a minimum lot width of forty (40) feet at the property line.
4.3.2 
Repetition of Residential Unit Design.
a. 
Applicability Zoning Districts.
The regulations of this section shall apply to all single-family districts.
b. 
Repetition of Floor Plan and Elevation.
A minimum of four (4) platted residential lots must be skipped on the same side and six (6) skipped on the opposite side of a street before rebuilding the same single-family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots, or directly across the street.
4.3.3 
Front Yard Setback.
a. 
Corner Lots.
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a Final Plat, according to Section 4.3.1. - Residential Lot Regulations.
b. 
Approved Plats with Established Building Line.
The required front yard setback shall comply with the building line so established by such zoning ordinance or plat, where a building line has been established by a plat or by ordinance prior to October 13, 2020, and such line required is a greater or lesser front yard setback than prescribed by this zoning ordinance for the district in which the building line is located.
c. 
Front Yard Measurements and Considerations.
Refer to 8.4.1. Front Yard Measurement for illustration.
1. 
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building.
2. 
Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed four (4) feet.
d. 
Minimum Front Yard Setback Reduction and Average Setback.
Refer to 8.4.2. - Staggered Front Yard Setbacks for illustration.
1. 
The minimum front yard setback requirements may be reduced by a maximum of five (5) feet for all single-family lots provided that at least fifty (50) percent of the structures on a given block are set back an additional five (5) feet from the original setback.
2. 
The average setback along the block shall equal the original setback requirement.
3. 
The purpose of this average setback is to encourage a variety of front yard setbacks along a street.
4. 
In no case shall the average front yard setback be less than the minimum established in Table 2.2: Residential District Development Standards Table.
e. 
Future Right-of-Way Line.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.
4.3.4 
Side Yard Setbacks.
a. 
Corner Lot Side Yard Setbacks.
Refer to 8.4.5 Corner Lot Setbacks for illustration.
1. 
On a corner lot used for single family dwellings, both street exposures shall be treated as a front yard.
b. 
Open and Unobstructed Side Yards.
1. 
Every part of a required side yard shall be open and unobstructed from the ground upward except for gardening materials and portable accessory buildings as permitted herein. Ordinary projections of windowsills, cornices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed four (4) feet into the required side yard.
2. 
Air conditioning compressors, pool machinery and equipment, and similar appurtenances are permitted in the side yard, but shall be located a minimum of four (4) feet from the property line.
3. 
The driveway to the main dwelling garage may be constructed in the side setback to the following extent:
A. 
For zoning districts with 20 ft setbacks, the driveway may extend up to four feet into the setback area (must stay at least three feet from the property line).
B. 
For zoning districts with 25-30 ft setbacks, the driveway may extend up to seven feet into the setback area (must stay at least five feet from the property line).
c. 
Garage Door Side Yard Setback.
The face (meaning garage door) of a garage that faces a side yard (a swing-in garage) must be setback a minimum of twenty-five (25) feet from the side property line.
4.3.5 
Wind Energy Conversion Systems.
The construction of a wind energy conversion system shall follow the guidelines established in Chapter 14 of City Code.
4.3.6 
Special Height Regulations.
Use Height Exceptions. Water standpipes and tanks, church steeples, domes, spires, free-standing flag poles, scenic loft, public and private school buildings, municipal structures, and public/semi-public institutional buildings may be erected to exceed two and one half (2.5) stories with an approved Site Plan and Special Use Permit.
4.3.7 
Modular (Industrialized) Homes.
a. 
Permitted Zoning Districts.
A modular home is permitted in single-family zoning districts.
b. 
Requirements.
The following requirements shall be met for modular homes.
1. 
The modular home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction
2. 
The modular home conforms to all applicable zoning standards for the respective zoning district
3. 
The modular home is affixed to an approved permanent foundation system
4. 
The building inspector is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 1221fV.T.C.S.)
5. 
The modular home is placed on an approved platted lot
6. 
Per the Texas Occupations Code §1202.253, modular (industrialized) homes shall:
A. 
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
B. 
Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; and
C. 
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings.
7. 
For the purpose of this section, “value” means the taxable value of the industrialized housing and the lot after installation of the housing.
4.3.8 
Exterior Construction of Buildings.
a. 
Single-Family - Siding.
The exterior facades of a main building, excluding glass windows and doors shall be constructed of eighty (80) percent masonry on all new construction. Cementitious fiber board shall not be considered masonry. Cementitious fiber board may be used to replace existing siding on existing structures. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the director.
b. 
Single-Family - Roof Pitch.
All roof pitches shall have a minimum rise of six (6) inches over twelve (12) inches of run. For two story houses, roofs over entryways may be reduced to two (2) over twelve (12) pitch with the approval of the director.
c. 
Accessory Structures.
Accessory structures greater than two hundred fifty (250) square feet must meet the eighty (80) percent masonry requirement and must be of the same general materials and to the greatest extent possible match the appearance of the main dwelling.
4.3.9 
Propane Tanks.
a. 
Front Yard.
Placement of an above ground propane tank(s) in the front yard is prohibited.
b. 
Side and Rear Setbacks.
Placement of propane tank(s), above ground or buried, shall meet the side and rear yard setbacks.
(Ordinance 2020-13 adopted 10/13/20)