Ovilla City Zoning Code
ARTICLE 3
Zoning Districts
§ 14 “R-C” Residential Conservation District.
14.1
Purpose.
The purpose of the “R-C” Residential Conservation district is to provide for compatible land, building, and structure uses on lots in excess of five acres for the purpose of conserving agrarian residential development. The primary intent of the “R-C” district is a land use designated to aid in the protection of certain lands suitable for producing and supplying food and related agricultural farm and ranch products from more intense urbanization until such time as warranted by demand and supportive community facilities and services.
14.2
Permitted Uses.
Uses permitted in the “R-C” district shall be in accordance with Table 11.A, Permitted Uses.
14.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R-C” district shall conform with the provisions provided in Table 14.A, Area Requirements for the “R-C” Zoning District.
Table 14.A “R-C” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 1.0 d.u./ 5 acre* |
Minimum Lot Area | 5.0 acres | |
Minimum Lot Width | 200ft. | |
Minimum Lot Depth | 300 ft. | |
Minimum Front Yard | 50 ft. | |
Minimum Side Yard | 50 ft. | |
Minimum Side Yard adjacent to Street (corner lot) | 50 ft. | |
Minimum Rear Yard | 100 ft. | |
Maximum Building Height | 35 ft. or 2.5 stories | |
Minimum Dwelling Size | 2,400 sq. ft. | |
*d.u. = dwelling unit |
14.4
Off-Street Parking and Loading Requirements.
Off-street parking requirements pertaining to uses allowed in the “R-C” Single Family district shall conform with the provisions of Section 33 Off-street Parking and Loading Requirements.
14.5
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 15 “R-E” Single Family Residential District.
15.1
Purpose.
The purpose of the “R-E” Single Family district is to provide for compatible land, building, and structure of scenic areas, vistas and recreations uses; and where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. The primary intent of the “R-E” district is a land use designated to aid in the protection of certain lands suitable for producing and supplying food and related agricultural farm and ranch products from more intense urbanization until such time as warranted by demand and supportive community facilities and services.
15.2
Permitted Uses.
Uses permitted in the “R-E” Single Family district are listed in Table 11.A, Permitted Uses.
15.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R-E” Single Family district shall conform to the provisions provided in Table 15.A, Area Requirements for the “R-E” Zoning District uses primarily oriented to low density residential purposes. The district also serves as a transitional land use element pending future more intensive urbanization; open space for the protection and enhancement.
Table 15.A “R-E” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 1.0 d.u./acre* Gross/net |
Minimum Lot Area | 1.0 acre (43,560 sf) | |
Minimum Lot Width | 150 ft. | |
Minimum Lot Depth | 250 ft. | |
Minimum Front Yard | 50 ft. | |
Minimum Side Yard | 20 ft. | |
Minimum Side Yard adjacent to Street (corner lot) | 25 ft. | |
Minimum Rear Yard | 40 ft. | |
Maximum Building Height | 35 ft. or 2.5 stories | |
Minimum Dwelling Size | 2,400 sq. ft. | |
*d.u. = dwelling unit |
15.4
Off-Street Parking and Loading Requirements.
Off-street parking requirements pertaining to uses allowed in the “R-E” Single Family district shall conform to the provisions of Section 33 Off-street Parking and Loading Requirements.
15.5
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 16 “R-22” Single Family Residential District.
16.1
Purpose.
The purpose of the “R-22” Single Family Residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential estate purposes, select agricultural uses, and open space uses. The “R-22” district is intended to serve as a transitional element between agricultural activities and those of higher density development. Low density detached, single-family residential dwellings and estate development, along with limited agricultural uses, comprise the principal elements of the “R-22” district.
16.2
Permitted Uses.
Uses permitted in the “R-22” Single Family Residential district are listed in Table 11.A, Permitted Uses.
16.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R-22” district, shall conform to the provisions provided in Table 16.A, Area Requirements for the “R-22” Zoning District.
Table 16.A “R-22” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 2.0 d.u./acre* |
Minimum Lot Area | 22,000 sq. ft | |
Minimum Lot Width | 120 ft. | |
Minimum Lot Depth | 160 ft. | |
Minimum Front Yard | 35 ft. | |
Minimum Side Yard | 10 ft. | |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. | |
Minimum Rear Yard | 30 ft. | |
Maximum Building Height | 35 ft. or 2.5 stories | |
Minimum Dwelling Size | 2,400 sq. ft. | |
*d.u. = dwelling unit |
16.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “R-22” district shall conform to the provisions of Section 33 Off-street Parking and Loading Requirements.
16.5
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
16.6
Accessory Building and Structure Regulations.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30 Accessory and Residential Accessory Buildings.
16.8
Transitional Regulations.
A.
R-E District Adjacency.
Any lot which abuts a platted lot in an R-E District shall have a minimum lot area of one acre and meet the minimum area requirements set forth in the R-E District.
B.
R-C District Adjacency.
Any lot which abuts a platted lot in an R-C District shall have a minimum lot area of one acre and meet the minimum area requirements set forth in the R-E District.
C.
Definitions.
For purposes of this section, “abut” shall mean directly adjacent to.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 17 “R-15” Single Family Residential District.
17.1
Purpose.
The purpose of the “R-15” Single Family residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential purposes and open space uses. It is the intent to use the “R-15” district to recognize the existence of small lot conventional single family development which presently exists in the city.
17.2
Permitted Uses.
Uses permitted in the “R-15” district are listed in Table 11.A, Permitted Uses.
17.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R-15” district, shall conform to the provisions provided in Table 17.A, Area Requirements for the “R-15” Zoning District.
Table 17.A “R-15” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 2.0 d.u./acre* |
Minimum Lot Area | 15,000 SF | |
Minimum Lot Width | 110 ft. | |
Minimum Lot Depth | 130 ft. | |
Minimum Front Yard | 35 ft. | |
Minimum Side Yard | 10 ft. | |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. | |
Minimum Rear Yard | 25 ft. | |
Maximum Building Height | 35 ft. or 2.5 stories | |
Minimum Dwelling Size | 2,400 sq. ft. | |
d.u. = dwelling unit |
17.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “R-15” district shall conform to the provisions of Section 33 Off-street Parking and Loading Requirements.
17.5
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
17.6
Accessory Building and Structure Regulations.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30 Accessory and Residential Accessory Buildings.
17.8
Transitional Regulations.
A.
R-22 Adjacency.
Any lot which abuts a platted lot in an R-22 District shall have a minimum lot area of 22,000 square feet and meet the minimum area requirements for the R-22 District.
B.
R-E Adjacency.
Any lot which abuts a platted lot in an R-E District shall have a minimum lot area of one acre and meet the minimum area requirements for the R-E District.
C.
R-C Adjacency.
Any lot which abuts a platted lot in an R-C District shall have a minimum lot area of one acre and meet the minimum area requirements for the R-E District.
D.
Definitions.
For purposes of this section, “abut” shall mean directly adjacent to.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 18 “R-D” Two Family Duplex Residential District.
18.1
Purpose.
The purpose of the “R-D” Two Family Duplex residential district is to provide for compatible land, building, and structure uses primarily oriented to two family/duplex residential purposes and open space uses.
18.2
Permitted Uses.
Uses permitted in the “R-D” district are listed in Table 11.A, Permitted Uses.
18.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R-D” district, shall conform to the provisions provided in Table 18.A, Area Requirements for the “R-D” Zoning District.
Table 18.A “R-D” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 4.0 d.u./acre* |
Minimum Lot Area | 22,000 sf | |
Minimum Lot Width | 120 ft. | |
Minimum Lot Depth | 160 ft. | |
Minimum Front Yard | 40 ft. | |
Minimum Side Yard | 10 ft. | |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. | |
Minimum Rear Yard | 30 ft. | |
Maximum Building Height | 35 ft. or 2.5 stories | |
Minimum Dwelling Size | 2,400 sq. ft per unit | |
d.u. = dwelling unit |
18.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “R-D” district shall conform to the provisions of Section 33 Off-street Parking and Loading Requirements.
18.5
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 19 “MF” Multifamily Residential District.
19.1
Purpose.
The purpose of the “MF” Multifamily Residential district is to provide for compatible land, building, and structure uses primarily oriented to high density multifamily residential purposes, open space uses, and associated uses. The “MF” district is intended to serve as a transitional element between lower density and more intense nonresidential land uses, and is most appropriately located near the intersections of major thoroughfares. Apartment buildings and condominiums comprise the principal elements of the “MF” district.
19.2
Permitted Uses.
Uses permitted in the “MF” Multifamily district are listed in Table 11.A, Permitted Uses.
19.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “MF” district, shall conform to the provisions provided in Table 19.A, Area Requirements for the “MF” Zoning District.
Table 19.A “MF” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 10.0 (d.u./acre)* |
Minimum Lot Area | 5.0 acres | |
Minimum Lot Width | 120 ft. | |
Minimum Lot Depth | 200 ft. | |
Minimum Front Yard | 35 ft. | |
Minimum Side Yard | 15 ft. | |
Minimum Side Yard adjacent to street (corner lot) | 35 ft. (same as Front Yard) | |
Minimum Rear Yard | 25 ft. | |
Maximum Building Height | 45 ft. or 3 stories | |
Minimum Dwelling Size | 1 bedroom unit: 1,000 sq. ft. 2 bedroom unit: 1,500 sq. ft. 3 bedroom unit: 2,000 sq. ft. 4 bedroom unit: 2,500 sq. ft. | |
*d.u. = dwelling unit |
19.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “MF” district shall conform to the provisions of Section 33, Off-street Parking and Loading Requirements. In addition, the following shall apply:
A.
ADA.
All parking shall meet the requirements of the Americans with Disabilities Act (ADA).
B.
Concrete Paving.
Parking areas shall be paved with concrete meeting City’s standards and graded to drain appropriately.
C.
Recreational Vehicles.
Parking of recreational vehicles of any type is prohibited in the multi-family area.
D.
Trucks.
Semi-tractor trucks are prohibited from parking in any residential district overnight.
E.
Carports.
Carports in a front yard are not permitted. All vehicle parking located in any street yard shall be fully enclosed, with an architecturally compatible design.
F.
Attached Garages.
At least 50% of required parking spaces must be located in a garage with direct access to the related dwelling unit.
G.
Covered Parking.
All required parking shall be covered parking and shall be architecturally compatible with the main structures in the project.
H.
Guest Parking.
A minimum of 10% of all required parking shall be designated as guest parking and shall be clearly marked as reserved for guests and shall be in an area providing guest with unrestricted access to the guest parking spaces.
I.
Minimum Size.
Garages shall be designed with a minimum parking space measuring 12 feet times 20 feet in size with a minimum door width of ten feet.
J.
Runs.
Runs of parking spaces shall be limited to a maximum of twelve (12) spaces without a landscaped island. However, up to sixteen (16) spaces in a run may be permitted in situations where it is required to save existing trees.
19.5
Architectural Features.
A.
Massing.
Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height.
B.
Articulation.
Techniques, such as varied set-backs, bay windows, balconies, and changes in material, color and texture, shall be used to articulate facades and side wall elevations. Where rear walls are visible from a public street, similar techniques shall be used.
C.
Roofs.
Flat roof design is prohibited. Gabled roofs or hipped roofs shall have a minimum pitch of 5:12.
D.
Windows.
Each structure shall contain a transparent glass window or windows with an aggregate area of at least 20% of the front facade of that unit.
E.
Ceilings.
Each unit shall have a minimum of nine (9) feet ceiling in the living areas, which shall not include closets and storage spaces.
19.6
Privacy.
Privacy features between buildings shall include the following:
A.
Windows.
Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into adjacent units within the development.
B.
Adjacency.
Units above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining property zoned or used for residential purposes.
C.
Landscaping.
Landscaping shall be used as privacy screening between buildings.
19.7
Exterior Fire Resistant Construction.
Exterior fire resistant construction shall be required in accordance with Section 41 Exterior Wall Requirements.
19.8
Accessory Building and Structure Regulations.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section Accessory and Residential Accessory Buildings.
19.10
Required Open Space.
A.
Minimum Required.
The minimum amount of required open space for any multi-family lot shall be twenty (20) percent of the area of the lot, net of floodplain and adjacent right-of-way and in addition to side yard.
B.
Improvements Required.
A portion of the open space will be improved for the recreational use of the residents. Such improvements shall include, but may not be limited to, jogging trails, picnic areas, children’s play areas, and athletic courts. Configuration of the recreational area shall be subject to site plan approval. The application shall include evidence that the improved recreational area will be permanently maintained.
19.11
Entry Feature.
A main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks, sculptures, and water, and street pavers, shall be provided. The entrance feature shall be consistent with the basic architectural theme of the development.
19.12
Trash Receptacles.
A.
Central Collection Point.
There shall be one centralized trash collection point serving each multi-family development (or building).
C.
Screening of waste containers/dumpsters.
Waste containers/dumpsters shall be located on the side or rear of the building and screened from public view or any public street.
Waste containers/dumpsters shall be located outside of the required building setback areas and when adjacent to residentially zoned property, must be located at least fifty (50) feet away from residential property lines.
Waste containers shall be screened on three (3) sides, using an enclosure that is seven (7) feet tall or of a height that is a minimum of one (1) foot above the top of the dumpster, whichever is taller. Screening shall be comprised of:
Brick, stone, decorative concrete block, reinforced concrete, or other similar masonry materials that have a similar finish to the primary building facade finish; or |
Redwood, cedar, preservative pressure treated wood, or other similar materials; |
Fence posts shall be rust-protected metal, masonry or concrete; and six-inch concrete filled steel pipes, painted in a neutral color, shall be located to protect the enclosure from truck operations; |
Gates are not required to be installed. |
 |
D.
Minimum Number.
A separate trash receptacle will be required for each 25 units in the complex.
19.13
Traffic.
A traffic impact analysis prepared by a qualified traffic engineer, must accompany the site plan if either a) 50 or more units are planned or b) 500 or more trips will be generated per day. The analysis shall meet the requirements specified in the Design Standards unless the City Engineer determines additional information is required.
19.14
Miscellaneous Multi-Family Residence Provisions.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(b), adopted 1/8/18)
§ 20 “MH” HUD-Code Manufactured Housing District.
20.1
Purpose.
The purpose of the “MH” HUD-Code Manufactured Housing residential district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes. The “MH” district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” district. It is the intent of the “MH” district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.
20.2
Generally.
Land within the “MH” district will be developed as a HUD-Code manufactured home subdivision. Lots within the “MH” district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the City Council. All roadways within a HUD-Code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the city. Land zoned “MH” which is not developed as a HUD-Code manufactured home subdivision may be developed in accordance with “R-15” zoning district regulations. In the “MH” district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance.
20.3
Permitted Uses.
Uses permitted within the “MH” HUD-Code Manufactured Housing district are listed in Table 11.A, Permitted Uses.
20.4
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “MH” district, shall conform to the provisions provided in Table 20.A, Area Requirements for the “MH” Zoning District.
Table 20.A “MH” Zoning District Area Requirements | ||
|---|---|---|
 | Maximum Density | 2.0 d.u./acre* |
Minimum Lot Area | 15,000 SF | |
Minimum Lot Width | 110 ft. | |
Minimum Lot Depth | 130 ft. | |
Minimum Front Yard | 35 ft. | |
Minimum Side Yard | 10 ft. | |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. | |
Minimum Rear Yard | 25 ft. | |
Maximum Building Height | 35 ft. or 2.0 stories | |
Minimum Dwelling Size | 1,800 sq. ft. | |
*d.u. = dwelling unit |
20.5
Development and Installation Regulations.
Any property developed within the “MH” district as a HUD-Code manufactured home or as a manufactured housing subdivision shall meet the following requirements:
A.
Foundation.
A HUD-Code manufactured home shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer’s specifications.
B.
Crawl Space.
A HUD-Code manufactured home must have a minimum of an eighteen-inch crawl space under the home.
C.
Pad Site.
A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.
D.
Patio.
Each HUD-Code manufactured home site shall have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.
E.
Steps.
A HUD-Code manufactured home shall have permanent steps installed at all exits.
F.
Parking.
Each HUD-Code manufactured home shall have two covered parking spaces. All carports shall be built in place with no fiberglass or metal roofs. Carports shall have at least two walls with exterior siding of wood or masonry construction.
G.
Skirting.
Skirting shall be securely attached between the HUD-Code manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, fiberglass, or lattice-type skirting is prohibited.
H.
Other Laws.
Construction, siting, and installation of the home shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.
I.
Utilities.
Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with the City ordinances and regulations.
J.
Driveways.
Driveways shall be constructed of an all weather surface and shall extend from the right-of-way to the carport or garage. No parking will be permitted on any portion of the lot on any other surface than an all weather surface.
K.
Easements.
Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided as required by the City.
L.
Private Drives.
All private interior drives located within the subdivision shall meet service requirements of Section 20.9.
M.
Hazards.
Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.
N.
Densities.
HUD-Code manufactured home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the City.
O.
Alterations.
Any structural alteration or modification of a HUD-Code manufactured home after it is placed on the site must be approved by the building official of the City. All structural additions shall comply with the City’s building codes and ordinances.
20.6
Site-Built Additions.
The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single family housing in the City.
20.7
Accessory Building and Structure Regulations.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30 Accessory and Residential Accessory Buildings.
20.8
Parking Requirements.
Parking requirements for the MH HUD-Code Manufactured Housing District shall be in compliance with Section 33 Off-street Parking and Loading Regulations [Requirements] and Section 20.5.F.
20.9
Interior Drives and Streets.
A.
Private Interior Drives.
The use of private interior drives must be approved by the City.
1.
Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of thirty-one feet (31') back-to-back.
2.
All private interior drives, entrances, and service drives shall be dedicated as easements in ingress and egress and constructed in accordance with City design standards and shall have a six (6) inch rolled curb and gutter of concrete meeting the street standards of the City. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures that may be needed.
B.
Public Interior Streets.
Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the City of Ovilla Subdivision Regulations.
C.
Construction Material.
All parking areas and public streets shall be of concrete or asphalt construction, as approved by the City Engineer.
20.10
Underground Utilities.
All utility lateral and service lines located within the “MH” HUD-Code Manufactured Housing District shall be installed underground.
20.11
Open Space Area.
Open space designated for the use and enjoyment of all residents shall be provided within a HUD-Code manufactured home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.
20.12
Screening.
A solid opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-Code manufactured home subdivision which do not abut a dedicated street. The screening wall or fence shall be masonry and of a decorative construction. The City Council may modify this requirement if the City Council determines that natural or man-made physical features create an adequate separation or buffer from adjacent uses. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.
20.13
Drainage.
Engineering plans for drainage shall be submitted for review by the City at the time of site plan approval. All applicable requirements of the City shall be met.
20.14
HUD-Code Manufactured Home Sales.
HUD-Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted uses.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 21 “CR” Restricted Commercial District.
21.1
Purpose.
The purpose of the “CR” Restricted Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The “CR” Restricted Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts.
21.2
Permitted Uses.
Uses permitted in the “CR” Commercial district are listed in Table 11.A, Permitted Uses.
21.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “CR” district, shall conform with the provisions provided in the Table 21.A, “CR” Zoning District Area Requirements.
Table 21.A “CR” Zoning District Area Requirements | |
|---|---|
Minimum Lot Area | 8,000 sq. ft. |
Minimum Lot Width | 80 ft. |
Minimum Lot Depth | 100 ft. |
Minimum Front Yard | 0 ft. |
Minimum Side Yard | 25 ft. if adjacent to residential use, 0 ft. to other districts. |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. |
Minimum Rear Yard | 25 ft. if adjacent to residential use, 0 ft. to other districts. |
Maximum Building Height | 35 ft. |
21.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “CR” district shall conform with the provisions of Section 33 Off-street Parking and Loading Requirements.
21.5
Additional Front Yard Requirements.
All development located in the “CR” Commercial district shall build to or close to the front lot line of the property and shall take primary entry from the sidewalk in front of the business to ease pedestrian access.
21.6
Additional Side Yard Requirements.
A side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining a side street. No parking or similar use shall be allowed in any required side street yard which abuts a residentially zoned property.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 22 “CG” General Commercial District.
22.1
Purpose.
The purpose of the “CG” General Commercial district is to provide for land, building, and structure uses primarily oriented to a variety of indoor and outdoor general business activities of a mixed and diversified nature which supply the needs of the community and to some degree that of the immediate regional area, including regional and community shopping centers. The general character of the “CG” General Commercial district comprises a broad range of retail and service uses, entertainment uses, community facilities, and general office uses. The “CG” General Commercial district is most appropriately located at major thoroughfare and highway intersections, and as a transitional district between industrial districts and more restrictive commercial districts and high density residential districts.
22.2
Permitted Uses.
Uses permitted in the “CG” General Commercial district are listed in Table 11.A, Permitted Uses.
22.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “CG” district, shall conform to the provisions provided in Table 22.A, Area Requirements for the “CG” Zoning District.
Table 22.A “CG” Zoning District Area Requirements | |
|---|---|
Minimum Lot Area | 8,000 sq. ft. |
Minimum Lot Width | 80 ft. |
Minimum Lot Depth | 100 ft. |
Minimum Front Yard | 0 ft., subject to Section 22.5 below |
Minimum Side Yard | 25 ft. if adjacent to property zoned or used for a residential use, 0 ft. to other districts. |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. |
Minimum Rear Yard | 25 ft. if adjacent to property zoned or used for a residential use, 0 ft. to other districts. |
Maximum Building Height | 70 ft. |
22.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “CG” district shall conform with the provisions of Section 33 Off-street Parking and Loading Requirements.
22.5
Additional Front Yard Requirements.
A.
Front yards in CG District Intersections.
Where the entire frontage on both sides of the street between two (2) intersecting streets is located within the “CG” General Commercial zoning district, there shall be a front yard having a minimum depth of twenty-five (25) feet.
B.
Frontage in Two Districts.
Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in the “CG” General Commercial zoning district and a residentially zoned district, the front yard shall conform to the residentially zoned district regulations for a distance of not less than three hundred (300) feet from the district boundary.
C.
Adjacent Residentially Zoned Property.
Where a front yard is required along the frontage on one (1) side of a street, the front yard requirements of the property directly opposite shall not apply where property in the residentially zoned property backs-up to the street.
D.
Parking in CG District Front Yards.
No parking, storage, or similar use shall be allowed in the required front yards in the “CG” General Commercial zoning district.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 23 “I” Industrial District.
23.1
Purpose.
The purpose of the “I” Industrial district is to provide for land, building, and structure uses encompassing a variety of mixed wholesale and warehousing activities, light manufacturing, processing, and assembly plants, general offices, and research and development laboratories. The “I” Industrial district is characterized by activities and facilities which are generally incompatible with residential areas by virtue of materials storage yards, truck traffic generation, noises, odors, flammable materials, etc., and rely on direct access to major thoroughfares and highways, and in many cases railroad facilities for the movement of raw supplies and finished products.
23.2
Permitted Uses.
Uses permitted in the “I” Industrial district are listed in Table 11.A Permitted Uses.
23.3
Density, Area, Yard, Height, and Lot Coverage Requirements.
The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “I” district shall conform with the provisions provided in Table 23.A, Area Requirements for the “I” Zoning District.
Table 23.A “I” Zoning District Area Requirements | |
|---|---|
Minimum Lot Area | 0.5 acre (21,780 sq. ft.) |
Minimum Lot Width | 100 ft. |
Minimum Lot Depth | 160 ft. |
Minimum Front Yard | 25 ft., subject to Section 23.5 below. |
Minimum Side Yard | 25 ft. if adjacent to residential use, 0 ft. to other districts. |
Minimum Side Yard adjacent to street (corner lot) | 15 ft. |
Minimum Rear Yard | 25 ft. if adjacent to residential use, 0 ft. to other districts. |
Maximum Building Height | 70 ft. |
23.4
Off-Street Parking and Loading Requirements.
Off-street parking and loading requirements pertaining to uses allowed in the “I” district shall conform with the provisions of Section 33 Off-street Parking and Loading Requirements.
23.5
Additional Front Yard Requirements.
A.
I District.
Where the entire frontage on both sides of the street between two (2) intersecting streets is located within the “I” Industrial zoning district, there shall be a front yard having a minimum depth of twenty-five (25) feet.
B.
Residential District Adjacency.
Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in the “I” Industrial zoning district and a residentially zoned district, the front yard shall conform to the residentially zoned district regulations for a distance of not less than three hundred (300) feet from the district boundary.
C.
Residential Front Yards.
Where a front yard is required along the frontage on one (1) side of a street, the front yard requirements of the property directly opposite yard requirements shall not apply where property in the residentially zoned property backs-up to the street.
D.
No Parking in Front Yard.
No parking, storage, or similar use shall be allowed in the required front yards in the “I” Industrial zoning district.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 24 “H” Historical Overlay District.
24.1
Purpose.
The historical overlay district is hereby created to encourage the preservation of the historic integrity of the existing and future developments found within the boundaries of the historic district. The zoning regulations for the underlying zoning districts shall apply unless otherwise provided in this section.
24.2
Boundaries of Historic Areas.
The physical boundaries of the Historical Overlay District shall be defined as follows:
A.
Historical Compatibility Area: Beginning at the southern tip of Dillard Farms going west to Westlawn Road, south down Willow Wood Road to Water Street, then east to the curve of Red Oak Creek Road to include the cemeteries, then northeast to the end of East University Street, then north to the southern tip of Dillard Farms Road.
B.
Core Historical Area: Beginning at the south east intersection of W. Main Street and Cockrell Hill Road, then south on Cockrell Hill Road to Water Street to West Main Street. Continue East across Ovilla Road to the curve toward East Main, curving North onto the West side of East Main Street and continuing North for five hundred feet and then west back to the south east intersection of West Main Street and Cockrell Hill Road.
24.3
Permitted Uses.
No land shall be used or building constructed, reconstructed, altered, or enlarged, unless permitted in the listing of uses in the underlying district with the exception of the following uses, which shall be prohibited:
A.
Animal Pound, Shelter
B.
Athletic Field and Play Field, Public
C.
Auto Car Wash
D.
Auto Parts & Accessory Sales
E.
Auto Rental (Car & Truck)
F.
Cemetery, Mausoleum, Crematorium
G.
Commercial Swimming Pool
H.
Garage Repair
I.
Greenhouse or Plant Nursery
J.
Hospital
K.
Landscape Service
L.
Mini-warehouse
M.
Recreational Vehicle Storage
N.
Rental Store
O.
Veterinarian Hospital without Outside Pens
P.
Any Use Listed as Being Prohibited in the Underlying District
24.4
Regulations and Requirements.
The following regulations and requirements shall apply in the Historical Overlay district. The regulations for the underlying zoning districts shall apply unless otherwise revised herein or in the motion approving the site plan.
A.
Massing.
A building should be of appropriate human-scale, with mass and size similar to those in the adjacent blockface or within the historic overlay district.
B.
Height.
The height of finished floor from grade should be similar to traditional houses in the vicinity, and should be sufficient to suggest a traditional pier-and-beam foundation.
C.
Roof Height.
The height of the cornice and the roof ridge(s) should also fit within the range of dimensions of traditional or historic residences in the district.
D.
Roof Form.
Roof forms should be sloping, either hipped or gabled, with an eave overhang dimension that reflects traditional roof conditions.
E.
Building Materials.
Exterior building materials shall reflect the traditional materials of similar buildings in Ovilla: wood siding (horizontal lap or novelty siding); limestone or field stone in traditional dimensions and tooling, or brick in traditional dimensions.
F.
Design.
New buildings should be designed so that the façade’s organization closely relates to surrounding or similar buildings.
G.
Windows.
Spacing and size of window and door openings should be similar to their historic counterparts, as should the proportion of window to wall space.
H.
Historic Style.
New designs should draw upon the traditions of historic styles and designs in the community, but should be seen as products of their own time while being compatible with the historic environment of the neighborhood or community.
24.5
Site Plan Requirements.
A site plan shall be required for any building construction located within the Core Historical Area. A building permit shall not be issued for any such construction until the site plan and a specific use permit has been approved by the City Council upon recommendation by the Planning and Zoning Commission. Building permits for non-substantive construction and improvements, as determined by the City Administrator, may be approved administratively.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 25 “PD” Planned Development District.
25.1
Purpose.
The purpose of the “PD” Planned Development District is to encourage creative development of the land, provide locations for well planned comprehensive developments, and provide for variety and flexibility in the development patterns of the City which promote the health, safety, morals, and general welfare of the community. A Planned Development may include a combination of different dwelling types and/or a variety of residential and non-residential land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.
25.2
Planned Development Uses.
In a Planned Development District, no building or land shall be used, and no building constructed, reconstructed, altered, or enlarged, unless permitted in a site plan approved by the City Council,[.]
25.3
Conditions for Planned Developments.
Establishment of a Planned Development shall be considered appropriate where the following conditions prevail:
1.
The proposed development is consistent with the Comprehensive Land Use Plan and the goals and objectives of the city;
2.
Dwelling units are situated in such a way that an appreciable amount of open space is available and is integrated throughout the planned development;
3.
The development utilizes an innovative approach in lot configuration and mixture of residential and commercial type land uses;
4.
Higher densities than conventional single-family developments of the same acreage are able to provide, with increased open space and appropriate buffering between existing conventional single-family developments;
5.
Non-residential uses are situated such that an appreciable amount of land is available for open space or joint use as parking and public access space and is integrated throughout the planned development;
6.
To provide aesthetic amenities in the planned development design which are not economically feasible to provide in conventional residential and non-residential developments; and
7.
The development provides a compatible transition, which may include buffer yards, thoroughfares, or transitional uses, between adjacent existing single family residential projects and provides a compatible transition for the extension of future single family neighborhoods into adjacent undeveloped areas.
25.4
Density Regulations.
In approving a Planned Development or a use designation in a Planned Development, the City Council, after receipt of a recommendation of the Planning and Zoning Commission, shall specify density, area, height, screening, parking, landscaping, and other development criteria as may be required in Section 25.9 Development Plan Requirements. Such standards shall be indicated on the Development Plan and shall be made a part of the ordinance except as set forth in Section 26.3(C). No property located in a Planned Development shall be modified as to density, area, height, screening, parking, landscaping or other development requirements unless a Development Plan containing the revised development requirements is approved. If the ordinance establishing a planned development fails to specify a standard, the Administrative Official shall apply the most restrictive standard applicable to the zoning district which most closely resembles the proposed use.
25.5
Amendments to A Development Plan.
A.
Type of Amendments.
A property owner may request an amendment to an approved Development Plan at any time. Amendments are classified as major or minor and each has a separate process.
B.
Minor Amendments.
The Administrative Official may approve or disapprove a minor amendment to plans adopted by ordinance provided the amendment does not:
1.
Change the basic relationship of the proposed development to adjacent property;
2.
Increase the intensity or density of development;
3.
Substantially alter the arrangement of buildings or change the use of building space designated to the original building plan;
4.
Increase the number of residential units; provided however, the Administrative Official may approve the rearrangement of lots so long as the number of units does not increase;
5.
Increase the height of buildings;
6.
Substantially alter vehicular circulation or the placement/arrangement of parking areas;
7.
Reduce or lesson the effectiveness of open space, landscape buffers, and edges;
8.
Substantially alter or change the design elevation, roof pitch, materials, or massing of the buildings;
9.
Increase the ratio of the gross floor areas in structures to the area of any lot;
10.
Change access to streets;
11.
Increase the size, lighting, or orientation of signs; or
12.
Conflict with regulations specified within the ordinance establishing the district.
C.
Major Amendments.
Any amendment other than specified above, or any amendment that the Administrative Official, in his discretion, determines should be forwarded to the City Council, shall be considered as a major amendment and shall be considered by the Planning and Zoning Commission and Council at public meetings in accordance with the same procedures and requirements for approval of a Development Plan.
25.6
Development Schedule.
An application for a use designation for new construction or construction that increases the floor area of the principal structure(s) shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, upon recommendation of the Planning and Zoning Commission, shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest.
25.7
Report.
The City shall require the owner or developer of the Planned Development to submit a written report on a regular basis to the City Council. The written report shall describe the progress achieved towards the development schedule. In the event that the owner/developer neglects to provide a written report, as established and agreed to in the Planned Development ordinance, or if the owner/developer neglects to initiate any progress, the City may initiate proceedings to rezone the property to a zoning district deemed appropriate. However, no rezoning effort shall be initiated by the City prior to making an official inquiry of the owner/developer regarding the status of the Planned Development.
25.8
Platting Requirements.
A.
Plat Required.
No application for a building permit for the construction of a building or structure shall be approved unless the property on which the proposed improvements are planned has been platted. The plat must meet all the requirements of the City of Ovilla, and must have been approved by the City Council, upon recommendation of the Planning and Zoning Commission, and recorded in the official records of Dallas or Ellis County.
B.
Development Agreement.
Any plat that accompanies a Planned Development shall also include a Development Agreement that addresses the infrastructure and improvements that are proposed by the Planned Development.
25.9
Development Plan Requirement.
A.
When Required.
An application for a Planned Development, or approval of a use designation in a Planned Development which will require new construction which increases the floor area of the principal structure(s) or a change in the development criteria applicable to the development shall include and be accompanied by a Development Plan, which shall become a part of the ordinance.
B.
Contents of Plan.
The Development Plan shall include the following information, together with such other information as the Administrative Official may require together with a description of the proposed uses:
1.
A scale drawing showing any proposed public or private streets and alleys; building sites and/or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five feet, or spot grades where the relief is limited;
2.
Where multiple types of commercial land uses are proposed, a land use plan delineating the specific areas to be devoted to various commercial uses shall be required;
3.
A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown;
4.
A designation of the maximum building coverage of the site shall be indicated upon the Development Plan. The general footprint of buildings shall be indicated showing the approximate position and sizes of any proposed structures; and
C.
Single Drawing.
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Administrative Official and interpretation by the Building Inspector.
D.
Amendment.
Any amendment to a Development Plan must be approved, by ordinance, following a public hearing meeting the requirements of Section 212.044 of the Texas Local Government Code, as amended.
25.10
Site Plan Requirement.
Prior to issuance of a building permit, for new construction or construction which increases the floor area of the principal structure(s) or construction that changes the development criteria for the site, a Site Plan in accordance with Section 26 Site Plan Requirements must be submitted and approved. The Site Plan shall be presented for approval to the City Council, upon recommendation from the Planning and Zoning Commission. The Site Plan may be submitted concurrently with the Development Plan. If the Development Plan and the Site Plan are submitted separately, a separate public hearing and action shall be required for each submittal.
25.11
Combined and Abbreviated Development and Site Plan Submittal.
A.
When Permitted.
If an application is made for a new use designation in a Planned Use Development on a site which contains existing improvements which are not proposed to be enlarged, the following combined and abbreviated Development and Site Plan shall be permitted in place of a Development Plan.
B.
Requirements.
A combined and abbreviated Development and Site Plan shall contain the following, together with such other information as the Administrative Official may require:
1.
A scale drawing showing existing building and proposed use designations, easements, points of ingress and egress from existing public streets, the arrangement and provision of off-street parking and off-street loading, and the location of landscaping and screening provided on site. These items shall be shown on an accurate survey of the boundary of the lot. All of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Administrative Official and interpretation by the Building Inspector.
2.
A combined and abbreviated Development and Site Plan must be approved by ordinance following public notice and a public hearing meeting the requirements of Section 212.044 of the Texas Local Government Code, as amended.
25.12
Procedures for Rezoning A Portion of A Planned Development.
If the City receives an application to rezone only a portion of the property within the District and the request substantially changes the approved Concept Plan or Development Plan, unless the Ordinance establishing the District states otherwise, the City shall process the request for rezoning as a request to rezone the entire District and shall process the same as a request to amend the entire district, and send notices to all property owners within 200 feet of the District.
25.13
Other Applicable Regulations.
If not otherwise specified in the ordinance establishing the planned development district, the height, setback, area, floor space, and other development regulations for permissible uses in a planned development district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted.
25.14
No Variance.
The Zoning Board of Adjustment is not authorized to grant a variance from the requirements of an ordinance establishing a Planned Development District.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)