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Red Oak City Zoning Code

ARTICLE 5

ZONING DISTRICTS AND ZONING MAP

§ 1 PURPOSE.

5.1.1 
Generally
The regulations and districts as herein established have been prepared in consonance with the Comprehensive Plan. The regulations are designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to insure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, circulation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land through the City.
(Ordinance 07-15 adopted 7/9/07)

§ 2 ZONING DISTRICTS.

5.2.1 
Designation.
Zoning Districts are designated for defining use districts on the Zoning District Map. The use, height, and area regulations for these Districts, as set out in Articles 6 and 7 herein, are uniform in each district. The districts established herein shall be known as:
Abbreviated Designation
Zoning District Name
AG
Agricultural District
RE
Single-Family Residential Estate District
R-1
Single-Family Residential District - 1
R-2
Single-Family Residential District - 2
R-3
Single-Family Residential District - 3
R-4
Single-Family Residential District - 4
A
Apartment District
C-1
Commercial District - 1
HO
Highway Oriented District
C-2
Commercial District - 2
I
Industrial District
PD
Planned Development District
RAE
Single-Family Ranchette Estates District
Zoning Prefix Designation
 
FP
Flood Plain Prefix
Planned Development Districts
 
PD
Planned Development Prefix
(Ordinance 07-15 adopted 7/9/07)

§ 3 DEFINITIONS AND PURPOSE OF ZONING DISTRICTS AND PREFIX DESIGNATION.

5.3.1 
AG - Agricultural District
This District is intended to provide a location for principally undeveloped land situated on the fringe of an urban area and used for agricultural purposes, but may become an urban area in the future. Generally, the “AG”, Agricultural District, will be near development; therefore, any agricultural activities conducted in the District, should not be detrimental to urban land uses. The types and intensity of uses permitted in this District shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
5.3.2 
RE - Single-Family Residential Estate District
The “RE”, Residential Estate Zoning District is designed to promote and encourage a suitable environment for family life on approximately one-half acre and larger parcels of land used only for suburban style single-family homes and their community services and facilities.
5.3.3 
R-1 - Single-Family Residential District - 1
This District is considered to be the proper zoning classification for large lot developments, 12,000 square feet or greater, for single-family dwelling use. The District is intended to be composed of single-family dwellings, together with public schools, churches, parks, drainage facilities and access required by the allowed density.
5.3.4 
R-2 - Single-Family Residential District - 2
The R-2 District is slightly less restrictive than the RE or R-1 Districts by allowing lots of 10,000 square feet or greater. The principal use of the land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area.
5.3.5 
R-3 - Single-Family Residential District - 3
The R-3 Single-Family Residential District is designed to provide for a suitable residential environment for single-family residents on parcels of land of 8,400 square feet or larger.
5.3.6 
R-4 - Single-Family Residential - 4
The R-4 District is intended for single-family residential use having a minimum area of 7,200 square feet.
5.3.7 
A - Apartment (Multiple-Family) Dwelling District
This Apartment Dwelling District is intended to be comprised of attached dwellings for two or more families with a maximum density of eighteen (18) dwelling units per acre.
5.3.8 
C-1 - Commercial District - 1
The C-1 Commercial District provides for retail types of land uses to be located in appropriate areas serving a neighborhood or several neighborhoods and designed as a retail center. Uses are contained wholly within a building or structure.
5.3.9 
HO - Highway Oriented District
The HO Highway Oriented District provides for office, retail, and limited service uses to be placed in districts adjacent to IH 35E to service local and regional needs.
5.3.10 
C-2 - Commercial District - 2
The C-2 District concentrates business, warehouse and service activities not normally located within retail service centers. Uses may have incidental open storage or outside sales of merchandise.
5.3.11 
I - Industrial District
The I - Industrial District provides for a wide range of commercial and industrial uses, all of which should be comparatively nuisance-free. The District specifically excludes residences on the basis that the mixture of residential use and public services and facilities for residences with those for industry is contrary to the purpose of these regulations.
5.3.12 
PD - Planned Development
The Planned Development District is intended to provide for integrating uses allowed in various districts with appropriate regulations, and to permit greater flexibility in the use and design of land and buildings on sites where modification of specific provisions of this Code is not contrary to its intent and purpose of the Comprehensive Plan and will not be harmful to the surrounding neighborhood.
5.3.13 
RAE - Ranchette Estate District
The Ranchette Estate District is designed to promote and encourage a suitable environment for family life on approximately three-quarter (3/4) acre and larger parcels of land used only for suburban style single-family homes, with related equestrian, livestock and agricultural uses and their community services and facilities.
5.3.14 
FP - Flood Plain Prefix
This Prefix provides regulations for use of land in designated floodplain areas as shown on FEMA mapping.
(Ordinance 07-15 adopted 7/9/07)

§ 4 ZONING DISTRICT MAP.

5.4.1 
Adoption.
The boundaries of zoning districts set out herein are delineated upon a zoning map of the City, adopted as part of this Ordinance as fully as if the same were set forth herein in detail in Appendix C to Ordinance 21-052, which is incorporated herein and, dated as effective from the date of its adoption herein.
5.4.2 
Filing
One original of the Zoning Map shall be filed in the office of the City Secretary and labeled as “Exhibit “A.” This copy shall be the official Zoning Map and shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
5.4.3 
Reference Copy
An additional copy of the original Zoning Map shall be placed in the office of the City Secretary. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may be made of the official Zoning Map.
(Ordinance 21-052 adopted 12/13/21)

§ 5 ZONING DISTRICT BOUNDARIES.

5.5.1 
Rules of Construction.
The district boundary lines shown on the Zoning Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following city limits shall be construed as following city limits.
D. 
Boundaries indicated as following stream lines shall be construed to follow such stream lines, and in the event of change in the steam line shall be construed as moving with the actual stream line.
E. 
Boundaries indicated as parallel to or extensions of features indicated above in A through D shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.
5.5.2 
Boundary Limits
A. 
Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or other public way and all areas so involved shall then and henceforth by subject to all regulations of the extended districts.
B. 
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
C. 
For exact legal descriptions, refer to adopting ordinances for each particular permanent zoning change.
(Ordinance 07-15 adopted 7/9/07; Ordinance 12-038 adopted 9/10/12)

§ 6 APPROVED PLANNED DEVELOPMENTS.

5.6.1 
Existing Developments
The planned development districts established prior to adoption of this Ordinance are shown on the Zoning Map and set forth in Appendix A hereto.
Editor’s note–Planned development districts are listed in section 5.6.2. Appendix A is not printed herein.
5.6.2 
Planned Development Number 4
A. 
Planned Development District 4 was established with the adoption of Ordinance No. 89-02, to permit a mixture of single-family or multifamily units with density not to exceed 18 units per acre, or retail, commercial, or industrial uses, as follows:
1. 
Proposed developments within this district should include an analysis of the following:
a. 
proposed land uses;
b. 
connectivity between land uses;
c. 
transportation;
d. 
parking (including lighting);
e. 
landscaping;
f. 
open space;
g. 
stormwater management;
h. 
screening; and
i. 
buffering between land uses
2. 
Prior to issuance of a building permit, the applicant must comply with Article 7 of this Ordinance concerning submission and approval of concept and development plans.
B. 
With and subsequent to the adoption of Ordinance No. 00-22, the City established Planned Development Number 4 Districts with the adoption of Ordinances No. 00-22, 01-02, 01-06, 01-07, 01-08, 01-32, 01-46, 02-39, 03-24, 03-27, 03-44, 03-46, 04-16, 04-17, 04-25, 05-07, 05-08, 05-64 and 05-65. For future reference and to avoid confusion, these ordinances are hereby redesignated on the Zoning Map and in Appendix A. Each ordinance which establishes a planned development, along with its designation on the Zoning Map, is as follows:
Ordinance No.
Designation on Zoning Map
89-02
PD 1
89-02
PD 2
89-02
PD 3
92-23
PD 5
96-39
PD 6
00-05
PD 7
00-12
PD 8
00-20
PD 9
01-02
PD 10
01-06
PD 11
01-07
PD 12
01-08
PD 13
01-24
PD 14
01-32
PD 15
01-46
PD 16
02-14
PD 17
02-19
PD 18
02-20
PD 19
02-25
PD 20
02-39
PD 21
02-47
PD 22
02-53
PD 23
03-24
PD 24
03-27
PD 25
03-44
PD 26
03-46
PD 27
04-16
PD 30
04-17
PD 31
04-25
PD 33
05-07
PD 34
05-08
PD 35
05-64
PD 37
05-65
PD 38
05-75
PD 39
05-78
PD 40
06-14
PD 41
06-20
PD 42
06-46
PD 43
These ordinances, including those created as Planned Developments 4, shall, except to the extent modified by amending ordinances, remain in full force and effect, even though the designation of the planned development may be different.
(Ordinance 07-15 adopted 7/9/07; Ordinance 12-038 adopted 9/10/12)