A.

The following regulations shall apply to all single-family dwelling districts (e.g., R-1, R-3, R-4, R-5). To the extent a zoning regulation within this section conflicts with another city ordinance or other regulation applicable to this section, the more restrictive regulation shall control unless otherwise specifically stated.

B.

For the purpose of regulating and restricting the height and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards and other open spaces, the density of population and the location and use of buildings, structures, and land in single-family dwelling zoning districts, the City of Oak Ridge North, Texas, is hereby dividing its single-family residential areas into the various zoning districts.

Zoning Table 5.1- District specific single-family dwelling lot size regulations.

* See Section 10 of the zoning ordinance.

** See Section 5.J. of the ordinance for masonry requirements.

1.

Minimum building setbacks. (See Zoning Table 5.1)

a.

Front building setback. A front building setback is required along the front property line of the lot. The minimum depth of such front building setback shall be determined by the zoning district where the single-family dwelling is located in accordance with Zoning Table 5.1. No buildings or structures of any kind, whether temporary or permanent, are permitted within the required front building setback.

b.

Side building setback. A side building setback is required along the side property lines of the lot. The minimum width of the side building setbacks shall be determined by the zoning district where the single-family dwelling is located in accordance with Zoning Table 5.1. No buildings or structures of any kind, whether temporary or permanent, are permitted within the required side building setbacks beginning from the rear of the main building line and continuing forward to the front property line.

c.

Rear building setback. A rear building setback is required along the rear property line of the lot. The minimum depth of such rear building setback shall be determined by the zoning district where the single-family dwelling is located in accordance with Zoning Table 5.1. No buildings or structures of any kind, whether temporary or permanent, are permitted within the required rear building setback.

d.

Exceptions. Portable residential tool sheds and storage sheds (collectively "shed") no larger than 144 square feet are not required to meet the side building setback requirements if the following conditions are met:

i.

The shed must be on skids or concrete blocks. The shed cannot be built on a permanent foundation.

ii.

No improvements may be made to the shed such as plumbing or electrical.

iii.

No portion of the shed's roof shall extend into the area that is 16 inches from the property line.

iv.

The exterior walls, or the outermost portion of the shed, shall be a minimum of two feet from any property line.

v.

The city accepts no responsibility for damages to sheds located in an easement which shall be moved.

vi.

The shed is located behind the house or within the required rear yard area.

vii.

If located within the rear yard area, the shed must comply with section 5.C.4.a.5. and section 5.D.1. of this appendix A

2.

Minimum rear yard arearegulations (open space).

a.

Rear yard area (open space). The purpose of the rear yard area is to create and impose an open space requirement upon each single-family dwelling lot. The minimum depth of the rear yard area shall be the lesser of 30 percent of the depth of the lot or 40 feet.

i.

In any residential district, accessory buildings shall not occupy more than 30 percent of the required minimum rear yard area. Accessory buildings shall be located a minimum of 12 feet from the primary dwelling. In any residential district, no accessory building can exceed one story or 18 feet in height.

C.

Use regulations. The following uses for buildings or lots shall be a use by right.

1.

Single-family dwellings.

2.

Customary home occupations subject to the regulations in subsection H. below.

3.

Accessory buildings and accessory uses which are customary and incident to the above uses (not involving the conduct of a business), when located on the same lot, including a private garage for one or more cars, and bona fide servant quarters not for rent or used for commercial purposes.

4.

Detached accessory buildings. A maximum of two detached accessory buildings in addition to a private garage are permitted on a residential lot, provided the following conditions are met:

a.

The combined square footage of all detached accessory buildings shall not exceed three percent of the total lot area as platted and recorded in the Montgomery County Records. Nor, in any case shall the combined square footage of the detached accessory buildings exceed 750 square feet.

b.

All detached accessory buildings shall comply with section 10. of this Appendix A and chapter 14 of the Code of Ordinances, as may be amended.

c.

All detached accessory buildings shall have the same architectural style of the main dwelling except for a portable tool or storage shed that is less than 144 square feet in size.

d.

All detached accessory buildings shall have the same roofing material as the main dwelling except for a portable tool or storage shed that is less than 144 square feet in size.

e.

All portable tool or storage sheds are considered detached accessory buildings for the purpose of calculating the maximum number of buildings and total square feet allowed for detached accessory buildings permitted on a residential lot.

5.

Community homes in accordance with V.T.C.A., Human Resources Code, Chapter 123.

D.

Additional use, height and area regulations. Additional use, height and area regulations and exceptions are found in section 10 of this ordinance.

E.

Swimming pools/pumps and related equipment. No swimming pool, including the structural attachments thereto, including, but not limited to, decking, spas, rock or water features, shall be permitted within any required yard except as specifically authorized in this subsection. That portion of a swimming pool, including structural attachments, which is less than 12 inches in height above natural grade, shall be permitted within a required rear yard provided no portion of any such swimming pool or structural attachment is located within five feet of any adjacent property line. Provided further, all swimming pool pumps, heaters, automatic chlorinating devices, or other accessory equipment that emit sounds above the ambient sound levels at the property line nearest to such equipment, shall be buffered by a wall, fence, wrap, or other sound reducing device so as to reduce any such sound levels to the ambient sound level at the property line nearest such equipment.

F.

Driveways. No vehicular driveway shall be located nearer than one foot from any side or rear property line.

G.

Parking on paved surfaces only. It shall be unlawful for any person to park any vehicle on any lot, tract or parcel of land within a single-family dwelling district except on a paved surface. For the purposes hereof, a "paved surface" shall mean a surface paved with concrete or asphalt.

H.

Home occupations; regulations.

1.

Uses permitted. Customary home occupations are permitted if conducted in compliance with the standards of this subsection. Customary home occupations uses are:

a.

Off-site sales office. Home office for direct sales distribution, for manufacturer's representatives, and other similar activities, provided that all sales are conducted off-site and that storage and deliveries do not exceed the limitations provided below.

b.

Off-site services office. Home office for services provided off-site, including, but not limited to, such activities as house-cleaning services, yard/garden services, locksmiths, appliance repair, contractors and similar activities, provided that all services are provided off-site, that storage does not exceed the limitations stated below, that no other employees regularly visit the premises, and that no more than one commercial vehicle is parked at the residence on a regular basis.

c.

Professional services office. Home office for engineers, draftspersons, secretaries, sales persons, research persons, and similar services, provided that client services are conducted off-site.

d.

Home instruction. Individual tutoring and lessons in art, dance, music, swimming, or similar activities, provided that a maximum of six students per day shall be permitted at the premises.

e.

Home arts/crafts. Preparation of small arts/crafts items for off-site display and sale, including ceramics with a maximum kiln size of six cubic feet and including dressmaking/sewing with a maximum of two machines, shall be permitted, provided that all ordering, fittings and delivery are conducted off-site. The preparation or creation of larger items requiring delivery of materials, the movement by vehicles other than passenger vehicles, is prohibited.

2.

Uses not permitted. Child care centers, medical offices, repair of automobiles and other mechanized vehicles and equipment, uses involving grooming, breeding and boarding of animals, beauty salons, and piercing studios are not permitted and do not qualify as customary home occupations.

3.

Standards of operation for all home occupations.

a.

Employees. No person other than an occupant of the residence and one employee shall be engaged in the home occupation at the residence or shall visit the residence on a regular basis. No more than three occupants of the residence and one employee shall be engaged in home occupations.

b.

Space and location. The maximum area used for the home occupation shall not be greater than 25 percent of the living area of the residence, nor more than 500 square feet, including storage areas, nor more than two rooms. No accessory building shall be used in the conduct of a home occupation other than for storage of a vehicle used in the home occupation as otherwise permitted by this section. Activities and/or materials associated with the home occupation shall not be conducted outside and shall not be visible from the street or adjacent properties. The home occupation must be conducted within the principal residential dwelling unit on the property.

c.

Storage. The total area used exclusively for storage shall be no larger than 150 cubic feet. Outside storage in conjunction with a home occupation shall be prohibited.

d.

Alterations. Internal alterations for business purposes or external alterations of the residential appearance of the property for business purposes, such as the creation of a separate entrance, are prohibited. No portion of any dwelling shall have a separate designated access or private entrance specifically designated for a home occupation.

e.

Equipment. The installation, storage, or use of any equipment or machinery not normally found in a household or general office is prohibited.

f.

Sales and display. Direct on-site sales, retail or wholesale, and the display of goods or products on the premises are prohibited.

g.

Nuisances. The creation of noise, odors, vibrations, glare, fumes or electrical interference that is detectable to normal sensory perception outside the residential structures is prohibited.

h.

Deliveries. No deliveries related to the conduct of the home occupation shall be permitted by vehicles of more than two axles. No more than three total deliveries per week shall be permitted.

i.

Traffic. Home occupations shall not involve the regular visits of clients, other employees, or any other persons to the residence due to the conduct of the home occupation.

j.

Vehicles. Not more than one vehicle or trailer of not more than one-ton capacity used incidental to the home occupation may be kept at the property. No semi-trailers may be kept on site. Vehicles used in conjunction with the home occupation must be able to be parked completely in the driveway without blocking any sidewalk. No vehicle or trailer on premises may be parked or stored except on a paved driveway or parking space.

k.

Signs. On-site signs and displays are prohibited, including interior signs or displays that are visible from the exterior of the structure. No advertising shall be placed in any media that contains the address of the property or that encourages clients to visit the property.

4.

Offenses defined. A person commits an offense if the person intentionally engages in a home occupation in violation of the standards required by this section.

I.

Exterior building materials.

1.

Single-family dwellings, including group homes, and their attached or detached garages shall contain a minimum of 75 percent brick, stone, or a combination thereof on the exterior of the dwelling which fronts a public street on the first floor only. If the single-family dwelling is located on a corner lot where any lot line is adjacent to a public street, then all sides of the single-family dwelling that are adjacent to the public street shall also contain a minimum of 75 percent brick, stone, or combination thereof. Doors and windows are excluded when calculating the minimum 75 percent requirement. The remaining 25 percent of the exterior front and side of the first floor shall consist of brick, stone, cement siding, stucco, wood, or a combination thereof. Gables are excluded from the masonry requirement.

2.

All public schools, libraries and museums shall contain a minimum of 75 percent brick, stone, decorative concrete block, or a combination thereof on the exterior of any building or structure which fronts a public street. In calculating the 75 percent requirement, doors and windows shall not be counted. The remaining 25 percent of the exterior of any such building and structure shall consist of brick, stone, cement siding, decorative concrete block, stucco, or a combination thereof. Gables are excluded from the masonry requirement.

3.

Playgrounds shall not be required to comply with masonry requirements.

4.

All accessory buildings shall comply with the requirements of subsection 5.C.4.a. of this appendix.

5.

Temporary buildings shall be exempt from complying with the masonry requirements.

(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 56-2013, § 3, 10-14-13; Ord. No. 09-2015, § 4, 4-13-15; Ord. No. 32-2016, § 4, 5, 9-26-16; Ord. No. 21-2017, § 2(Exh. A), 12-18-17; Ord. No. 05-2020, § 3, 2-10-20; Ord. No. 11-2020, § 2, 3-9-20)