Red Oak City Zoning Code
ARTICLE 7
SUPPLEMENTARY USE REGULATIONS
§ 1 SPECIFIC USE PERMITS.
7.1.1
Specific Uses
The City Council, after public hearing and proper notice to all parties affected, and after receipt of a recommendation from the Commission, may authorize the issuance of a Specific Use Permit for uses indicated by “S” in Table 6.2 [6.1], Permitted Uses. The Commission, in considering and determining its recommendations to the City Council on any request for a Specific Use Permit, shall require from the applicant plans, information, operating data, and evaluation concerning the location, function and characteristics of any use proposed is in general conformance with the Comprehensive Plan and zoning requirements of the City and containing such requirements and safeguards as are necessary to protect adjoining property.
7.1.2
Applicant Procedures
A.
A site plan is required with the application, drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the use to be permitted; location and instruction [construction] of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200') feet. The applicant shall submit an application for approval on forms provided by the Administrative Official.
B.
The application shall be processed as a change in zoning classification with notices and public hearings required as provided in Local Gov’t Code, Chapter 211.
7.1.3
Specific Use Permit Regulations
A.
In recommending that a Specific Use Permit for the premises under consideration be granted, the Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
B.
In granting a Specific Use Permit, Commission may recommend and/or the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Specific Use Permit; and such conditions precedent to the granting of the certificate of occupancy. The Council may also impose conditions to the use.
C.
No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit accepts and agrees to be bound by and comply with the written requirements of the Special Use Permit, as attached to the site plan drawing (or drawings) considered by the Commission and approved by the City Council.
D.
A building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, the City Council may authorize an extension of this time upon recommendation by the Commission. If six (6) months from the date of approval has elapsed and no building permit has been issued for the use specified in the permit, the Commission and City Council may require a new the site plan or terminate the permit without the necessity of a hearing.
E.
No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alteration, or change.
F.
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to a Specific Use Permit.
G.
When the City Council authorizes a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and suffixed by an “S” designation.
H.
The district regulations of the base zoning district shall apply unless specifically revised on the site plan or attached written documentation.
I.
Upon discontinuance or abandonment of the use as granted by the specific use permit, the property use shall be governed by those uses and requirements in the base zoning district. The base zoning district is the district designation of the property, prior to and during the period of the specific use.
7.1.4
Discount Variety Store Regulations –
Any specific use permit for a discount variety store under this ordinance is subject to the following regulations.
A.
Discount variety stores are prohibited unless the proposed use is located more than 10,000 feet in any direction from another discount variety store.
B.
Outdoor display and storage is prohibited.
C.
In addition to the criteria for a Specific Use Permit set forth in Article 7, section 1, when reviewing a request for a Specific Use Permit for a discount variety store use, the Planning and Zoning Commission and City Council shall consider:
1.
Whether the proposed discount variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.
2.
The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within 5,000 feet in any direction of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.
3.
Whether the proposed use is within a food desert as defined by the United States Department of Agriculture at the time of application.
D.
A Specific Use Permit (SUP) for a discount variety store must provide a minimum of 10 percent (10%) of the floor area of the discount variety store and must be dedicated to fresh produce, meat and dairy products.
E.
A nonconforming discount variety store in existence on September 1, 2019, may relocate on the same parcel or within the same area shopping center that it currently exists without obtaining an SUP provided the nonconforming discount variety store has not been terminated as provided in Article 4, sections 2, 3 and 4 of the zoning ordinance and the use compiles with all other applicable ordinances or regulations.
(Ordinance 07-15 adopted 7/9/07; Ordinance 19-041, sec. 2, adopted 9/9/19)
§ 2 ACCESSORY BUILDINGS AND USES.
7.2.1
Permitted Accessory Uses
A.
Permitted Accessory Uses are as shown on Table 7.1:
Table 7.1. Permitted Accessory Uses | |
|---|---|
District Where Permitted | |
Accessory buildings in accordance with regulations in Article 7, Section 2 of this Ordinance. | Residential Districts |
Antennas and satellite dishes - residential districts shall be allowed one antenna per lot, not to exceed 35 ft. in height and a maximum of two satellite dishes per lot, not to exceed 3 feet in diameter per dish. Antennas shall be permitted in commercial districts with planned development approval only. | All Districts |
Home Occupations, such as dressmaking, baby-sitting, seamstress, tailoring, millinery, tutoring, when engaged in by members of the resident family. | Residential Districts |
Detached or attached private garage having a capacity for not more than four (4) automobiles provided other requirements of this Ordinance are met. | AG, All Residential Districts |
Farm, nursery, greenhouse or garden, agricultural operations, including field crops, orchards, horticulture, animal husbandry, subject to the rules and regulations of the State Health Department, but not including feedlots, poultry farms, and kennels. | AG, RAE |
Game courts without lighting. | Residential Districts |
Game courts with lighting requires SUP. | Residential Districts |
Kennel (Breeding) requires SUP | RAE |
Lanais, gazebos, greenhouses, garden and patio shelters, sundecks, and children’s playhouses. | Residential Districts |
Model and/or sample homes for the purpose of promoting sales shall be permitted, provided these structures are located on and within the same tract or subdivision of land being developed for sale. | Residential Districts |
One temporary construction facility and/or one temporary sales facility permitted for no longer than one year in accordance with Article 9, Section 7, [of] this Ordinance. | Residential Districts |
Outside display or retail sales subject to the following conditions: a. The business displaying the merchandise must have a valid certificate of occupancy; b. The merchandise must be new and traditionally marketed outdoors; c. The merchandise must not be left outdoors overnight; d. Total outside display must not exceed 10% of the indoor floor area of the business; e. Outside display of items not for sale or for the purpose of manufacturing or assembly is not permitted; and f. The merchandise must not utilize required parking. | Commercial Districts |
Outside storage in accordance with the requirements of Section 6.15.2 of this Ordinance | All |
Private swimming pool in accordance with all City ordinances and State laws. | Residential Districts |
Public, semi-public and private parks; recreation and open space including playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. | All Districts |
Real estate sales offices during the development of residential subdivisions, but not exceed two (2) years. | Residential Districts |
Recreation areas operated by charitable or religious organizations. | AG, RAE |
Servant’s quarters and quarters used by bona fide farm workers, or other accessory buildings such as barns, sheds, and other structures necessary for farming operations may be permitted, provided however, that no such accessory building or quarters to be used by servants or farm workers shall be occupied as a place of abode or dwelling by anyone other than a bona fide servant or farm worker and actually and regularly employed by the land owner or occupant of the main building. | AG, RAE |
Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work. | Residential Districts |
Temporary bulletin board or sign appertaining to the lease or sale of land or acreage. | AG, RAE |
Temporary concrete batching plant or transient mix plant utilized in construction of public streets to be issued by SUP only for a maximum of 120 days or until project completion, whichever is first. | All Districts |
Tennis courts, health clubs, and related recreation facilities provided they are for the primary use of guests, customers or person associated with the principal use. | Commercial Districts |
7.2.2
Special Requirements
A.
An accessory use must be located on the same lot as the main use.
B.
A person shall not place, store or maintain outside an item which is not customarily used or stored outside.
C.
A person shall not use more than five (5) percent of the lot area of a premise for accessory outside storage.
D.
The area occupied by an operable motor vehicle with valid state registration is not counted when calculating the area occupied by accessory outside storage.
E.
Except as otherwise provided in this Article, outside storage is considered to be a separate main use if it occupies more than five (5) percent of the lot.
7.2.3
Accessory Buildings
A.
An accessory building in excess of two hundred (200) square feet must meet the following standards:
1.
It must be designed and constructed so that they are in keeping with the general architecture of the adjoining residential development;
2.
It must be constructed of similar material to the main structure;
3.
It must be constructed to the rear of the main building;
4.
It may not exceed one (1) story or ten (10) feet in height on lots smaller than 10,000 square feet; and
5.
It must be underpinned or attached to a concrete slab.
B.
Lots under 10,000 square feet may have a maximum of three (3) accessory structures. Any lot over 10,000 square feet may have a maximum of five (5) accessory structures.
C.
An accessory building shall not exceed six hundred and fifty (650) feet in size.
7.2.3.1
Specific Use Permit Required
In districts other than residential or apartment districts, an accessory building is a subordinate building or use which is prohibited unless a Specific Use Permit is granted.
7.2.3.2
Accessory Dwelling Units
Accessory dwelling units in the single-family districts may be allowed by Specific Use Permit as an incidental residential use on the same lot as the main dwelling unit [provided such accessory dwelling unit] meets the following standards:
A.
Occupancy shall be only for blood relatives of the main household.
B.
An accessory dwelling unit must be designed and constructed so that they are in keeping with the general architecture of the adjoining residential development.
C.
The structure shall be constructed of similar material to main structure.
D.
The accessory dwelling unit must be constructed to the rear of the main dwelling.
E.
Each lot must have a minimum of seven thousand two hundred (7,200) square feet and the total lot coverage including the main building and all accessory dwelling units shall not exceed fifty percent (50%) of the lot area.
F.
An accessory dwelling unit shall not exceed six hundred fifty (650) square feet.
G.
The accessory dwelling unit may be constructed only with the issuance of a Specific Use Permit.
H.
The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be rented or leased to others than blood relative to the family occupying the main building.
I.
An accessory dwelling unit shall be at least five (5) feet from any side property line and ten (10) feet from rear property line.
7.2.3.3
Automobile Accessory Uses
(Ordinance 07-15 adopted 7/9/07; Ordinance 09-049, sec. 1, adopted 8/10/09; Ordinance 23-043 adopted 9/11/2023)
§ 3 FP - FLOOD PLAIN PREFIX.
7.3.1
General Purpose and Description
To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts that are designated with a Flood Plain Prefix, FP. The FP prefix shall be attached only to the basic zoning districts in this Ordinance for the purpose of informing property owners of potential floodprone areas as designated by FEMA mapping. Areas designated on the Zoning District Map by an FP Prefix shall be subject to the following provisions:
A.
The permitted uses in that portion of any district having a Flood Plain, FP prefix shall be limited to the following:
1.
agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry;
2.
off-street parking incidental to any adjacent main use permitted in the District;
3.
electrical substation;
4.
all types of local utilities including those requiring a Specific Use Permit;
5.
parks, community centers, playgrounds, public golf courses (no structures) and other recreational areas;
6.
private open space as part of a Planned Development;
7.
heliport approved by a Specific Use Permit; and
8.
uses approved by a Specific Use Permit.
B.
No building or structure shall be erected in that portion of any district designated with a Flood Plain, FP, prefix until and unless (engineering studies have been made to comply with FEMA requirements) and such building or structure has been approved by the Administrative Official to be in compliance with City ordinances. After determination that an area designated “FP” on the Zoning Map is not in the floodplain, and has been properly removed from the floodplain, the Administrative Official may authorize an adjustment of the “FP” prefix line but not a change in the base zoning district.
C.
Any dump, excavation, storage, filling, or mining operation within that portion of a district having a Flood Plain (FP) prefix shall be approved in writing by the Administrative Official before such operation is begun and after compliance with FEMA requirements.
D.
The City Council may remove an area from the Flood Plain, FP, prefix designation when, by the provision of FEMA approved drainage works, grading, flood protection, and specific drainage study, it is determined and recommended by the Administrative Official that the flood hazard has been alleviated.
E.
The fact that land is not within a district having a Flood Plain, FP, prefix shall not be interpreted as assurance that such land or area is not subject to periodic local flooding. It is suggested that land owners also refer to FEMA regulations and maps for additional requirements and information.
(Ordinance 07-15 adopted 7/9/07; Ordinance 13-036 adopted 8/12/13)
§ 4 PD - PLANNED DEVELOPMENT DISTRICT.
7.4.1
Generally
A.
It is intended that the flexibility permitted by this zoning category extends to discretionary approval, in conjunction with site plan or concept plan review, not limited to, but including such items as those relating to parking space requirements, building line setbacks, square footage of buildings and structures, architectural design, landscaping, open space, sign placement and specifications and protective screening in order to achieve conformance with good planning practices.
B.
The purpose of a Planned Development District is to accomplish the following:
1.
to protect and provide for public health, safety and general welfare of the citizens;
2.
to guide the future development of the City;
3.
to accommodate innovation by modifying regulations to better accomplish the City’s development goals;
4.
to mitigate developmental impacts, especially those related to the environment, traffic, public services and facilities and adjacent land uses; and
5.
to protect and enhance the aesthetic and visual quality of development.
7.4.2
Planned Development Requirements
A.
Development requirements for each PD District shall be set forth in this Ordinance [the ordinance] establishing the PD District and may include, but not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations and other requirements as the City Council and Commission may deem appropriate.
B.
In making a determination to establish a planned development for residential uses, the City Council shall consider whether the following design features are to be incorporated in the development:
1.
Minimum 7/12th roof pitch;
2.
Minimum 1,650 square feet living/dwelling area for each dwelling unit;
3.
100% masonry construction on the front elevation of home, excluding roof dormers; and 80% minimum masonry construction on each other elevation;
4.
Matching masonry mailbox (or post office requirements);
5.
Landscaping of a minimum of two (2) trees planted in the front yard;
6.
Dimensional roof shingles, 30-year rating;
7.
Traditional side, rear (from alley) or j-entry garages (no front entry);
8.
Fences of wood, wrought iron or masonry construction (no chain-link);
9.
Perimeter hike/bike/walking trails and open/green space;
10.
For exterior perimeter streets, a masonry wall and five (5) foot serpentine sidewalks with trees and park benches. Masonry entryways must include landscaping and irrigation;
11.
Varying front home elevations other than just the type of windows used. No two homes should have the same front elevation if located directly or diagonally across the street from each other or locate[d] on either side of a home on the same side of the street;
12.
Subdivision entryways with pavers or a stamped concrete design;
13.
If detention ponds are built, the landscape plan must be approved by the City Council. The landscape plan shall include native plants, trees, park benches, trails or sidewalks and appropriate plantings at the base of the pond. The City Engineer may also require a water aerating system; and
14.
Covenants or site restrictions establishing a plan for permanent care, replacement, and maintenance of any living buffer, plants on any common areas or commonly owned facilities, walls and entryway features, and plants within any landscape setback zone or other land use controls.
C.
The ordinance establishing the PD district shall contain standards for development and specify permitted uses. If the ordinance does not contain standards for one or more of the specified permitted uses, the use shall conform to the standards and regulations of the zoning district to which it is most similar.
D.
The ordinance establishing a PD District shall include a statement as to the purpose and intent of the PD.
E.
Even if not stated in the ordinance establishing the PD District, the District shall be subject to all other provisions of this Ordinance and specifically, this Article.
7.4.3
Plans Required
In establishing a Planned Development District, the City Council shall approve and attach to the ordinance standards for the District and Concept Plan and, if applicable, a Development Plan. To facilitate understanding of the request during the review and public hearing process, the Commission and City Council shall require a Concept Plan and/or a Development Plan, as required by this Section.
7.4.4
Concept Plan
A.
The applicant for a Planned Development District for nonresidential uses shall submit an application for approval of a Concept Plan at the time of the request for approval of a Planned Development District unless the applicant desires to submit a Development Plan. The plan shall show the applicant’s intent for the use of the land within the proposed planned development district in a graphic manner.
B.
An applicant for approval of a Concept Plan shall submit the following information relating to the proposed development:
1.
Existing and proposed site conditions.
2.
Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross street.
3.
Location map, north arrow, scale, title block, and site/development summary table.
4.
Most recent, available topographic information from NCTCOG.
5.
Natural features, including tree groupings, floodplains, drainageways, and creeks.
6.
Land use on site and on adjacent properties, including assignment of use to specific locations within the plan.
7.
Maximum allowable building coverage, density, and height.
8.
Minimum building setbacks and use.
9.
The type, approximate shape and placement of buildings and their proposed uses.
10.
If known, existing and proposed public streets, including ROW widths, any other rights-of-way (including easements), median openings, turn lanes (including storage and transition space), and other driveways (including those on adjacent property) showing the access to and general circulation of the development.
11.
If known, proposed dedications and reservations of land for public use including but not limited to rights-of-way, easements, trails, park land, open space, drainageways, floodplains, and public facility sites.
12.
If known, a description of phases of development, including delineation of areas, building sites, land use and improvements to be constructed in independent phases. Also a summary of the anticipated timing and sequencing of development phases.
13.
Any existing covenants or site restrictions.
C.
The Concept Plan application shall be submitted in such form and number of copies as the Administrative Official may require in order for sufficient review of the application.
D.
For a residential planned development which does not propose platted lots, the concept plan shall set forth the size, type and location of buildings and building sites.
E.
For a planned development of residential platted lots, no Concept Plan is required.
7.4.5
Development Plan
The Development Plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the Concept Plan. Approval of the Development Plan shall be required for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the building official for a building permit. The Development Plan may be submitted for the total area of the PD or for any section or part as approved on the Concept Plan. The Development Plan must be approved by the Commission and City Council.
7.4.6
Development Plan Submittal
The applicant shall submit a Development Plan, which shall include the following:
A.
A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.
B.
A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playground, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, the location and width for all curb cuts.
C.
A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building and property lines, street lines, and alley lines.
D.
Supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development District is to be included in the text of the amending Ordinance. The Development Plan should be separate from the platting process. In that event, should anything change during the construction process, the developer need only amend the plat.
E.
Other information required:
1.
Existing and proposed site conditions.
2.
Proposed name of business and and/or development.
3.
Proposed building locations, dimensions, size, density and finished floor elevations of structures referenced to sea level datum if adjacent to the 100-year floodplain.
4.
All building setbacks, including front, side, rear and sidewalk.
5.
Location of site, computed acreage or square footage, current names and addresses of developer, owners of record, and abutting land owners and project name if applicable.
6.
Name and address of person or firm preparing the plat/site plan (which must be prepared and stamped by a registered land surveyor or registered professional engineer), name and address of persons or firm preparing other data and information if different from preparer of the map.
7.
Abutting properties with approximate location of the structures thereof including access roads.
8.
The shape, size, height and location showing the zoning classification thereof of existing structures located on the site if they are to remain as part of the project, otherwise not needed.
9.
The location and approximate size of structures within 200 feet of the site, including all driveways.
10.
Parking areas and structures, street names and widths, medians, alleys, off-street parking spaces (include # of spaces), handicap parking spaces (include # of), ramps, crosswalks, and loading areas. All shown with dimensions and radii.
11.
Access easements and off-site parking.
12.
Building service, dumpster, and trash compactor locations and screening.
13.
Location and design of screening walls, fences, living screens, retaining walls, headlight screens, service area screens, including height, type of construction and planting specifications.
14.
Landscaping plan prepared by a registered landscaper, [or] architect showing turf areas, site landscaping, parking lot landscaping, landscape setback landscaping, open spaces, green areas, and any other required or offered landscape improvements, including planting specifications and irrigation.
15.
Water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes, and other structures on site or immediately adjacent to the site specified.
16.
An accurate survey with topographic information with a maximum five feet in contour showing grading, drainage, and storm sewer lines.
17.
Water and sewer connections, meter locations, size, and meter and/or detector check valve vaults indicated, together with a table of number of water meters by size and noting if they exist or are proposed.
18.
Inlet[s], culverts, and other drainage structures on site and immediately adjacent to the site.
19.
Traffic impact analysis which meets the requirements established by the City Engineer.
20.
Building elevations, roof plans and building envelope, description of proposed exterior building materials and general color scheme of the building exterior, except for single-family dwelling units.
21.
Sidewalks, walkways and gathering spaces, including dimensions.
22.
Sign elevations and specifications.
23.
Monument signs.
24.
Proposed covenants or site restrictions establishing a plan for permanent care, replacement, and maintenance of any living buffer, plants on any common areas or commonly owned facility, and plants within any landscape setback zone or other land use controls.
25.
Location map, north arrow, scale, title block and site/development summary table.
26.
One disk that contains all the above information in AutoCAD format.
F.
For a planned development consisting solely of single-family detached dwellings, the final plat shall serve as the Development Plan.
7.4.7
Waiver and Deferral
The applicant may request that the Administrative Official waive or defer any of the above requirements of the Concept Plan that are not necessary or are not applicable for the review of a specific development. If a waiver or deferral is granted, the Administrative Official shall note that fact on a cover sheet attached to the Concept Plan and if a deferral is granted, shall specify thereon the date at which the items are to be submitted.
7.4.8
Procedures for Approval of Concept Plan and Development Plan
A.
An application for approval of a Concept Plan or a Development Plan in a Planned Development District shall be processed as an amendment to the Zoning Ordinance. Property owners shall be notified, public hearings shall be conducted, and notice and publication shall be made in accordance with the requirements of Texas Local Government Code Chapter 211, as amended.
B.
An applicant may submit an application for approval of a Development Plan without first obtaining approval of a Concept Plan.
C.
The Commission and City Council may approve the Concept Plan and the Development Plan or any section of the Development Plan, separately or jointly in public hearings, unless such requirement is expanded when it is determined a public hearing is needed for both the Concept Plan and final Development Plan. A single public hearing is adequate when the applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a Development Plan.
D.
The Ordinance establishing the Planned Development District shall not be approved until a Concept and/or Development Plan for the district is approved.
E.
A Development Plan shall be submitted for approval within six (6) months from the approval of the Concept Plan for some portion of the Concept Plan. If a partial Development Plan for at least the first phase of the development is not submitted within six (6) months, the Concept Plan is subject to review by the Commission and City Council. If construction on a development is not started within two (2) years from the date of establishment of the Planned District Development, the Commission and City Council may review the Concept Plan to ensure its continued validity. If the City determines the concept is not valid, a new Plan must be approved.
7.4.9
Recommendations
When a PD District is being proposed, the Administrative Official may provide a report of the impact of the proposed district on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic with [and] written comments from the applicable public school district, and from private utilities may be submitted to the Commission prior to the Commission making any recommendations to the City Council. In the event written comments are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council.
7.4.10
Accessory Buildings
Unless permitted in the ordinance establishing a Planned Development District, a Development Plan is required before a person may cause to be placed or erected more than two buildings on one lot.
7.4.11
Amendments to a Concept Plan or Development Plan
A.
A property owner may request an amendment to an approved Concept Plan or Development Plan at any time. Amendments are classified as major or minor and each has a separate process.
B.
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 on 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 lessen 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.
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.
7.4.12
Coordination with Subdivision Regulations
A.
A developer may submit an application for approval of a preliminary or final plat simultaneously with an application for approval of a Development Plan. The City may process the application simultaneously with the review of an application for approval of a Development Plan for a development in the Planned Development District.
B.
The Development Plan required for a development in the Planned Development District may be submitted in a form which will satisfy the requirements of the subdivision ordinance for the preliminary and final plats required under those regulations.
7.4.13
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.
7.4.14
Approval
Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment to the Zoning Ordinance. In carrying out the development of a Planned Development District, the development conditions shall be complied with and such conditions are as specified for the development of a Planned Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.
7.4.15
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.
7.4.16
Zoning Map and Planned Development Districts
A.
Prior to adoption of this Ordinance, the City Council has established various Planned Development Districts, which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Code shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Planned Development Districts shown on the Zoning Map and are set forth in Appendix A.
B.
All future Planned Development Districts approved in accordance with the provisions of this Ordinance shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained as part of this Ordinance in Appendix A.
Editor’s note–Appendix A is not printed herein.
7.4.17
No Variance
The Board of Adjustment is not authorized to grant a variance from the requirements of an ordinance establishing a Planned Development District.
(Ordinance 07-15 adopted 7/9/07; Ordinance 13-036 adopted 8/12/13)
§ 5 HOME OCCUPATIONS.
7.5.1
General Purpose.
Standards for home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
7.5.2
Special Provisions
1.
In-Home Daycare (minors).
A.
A home occupation shall be a permitted accessory use in single-family residential zoning districts provided that it complies with all restrictions set forth herein.
B.
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street.
C.
The home occupation shall be incidental and secondary to the use of the premises for residential purposes and shall not utilize floor area exceeding twenty-five percent (25%) of the gross floor area of the dwelling unit. In no event shall the gross floor area utilized for a home occupation exceed seven hundred and fifty (750) square feet.
D.
The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities.
E.
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification.
F.
Not more than two (2) patron or business-related vehicles shall be present at one time.
G.
No overnight daycare is permitted.
H.
The in-home daycare shall not impede traffic flow in the neighborhood.
I.
Must be the property owner as the applicant.
J.
There shall be no outside storage, including trailers, or outside display related to the home occupation use.
K.
No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain.
L.
The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district.
M.
The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.
N.
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means.
O.
The occupation shall not offer a ready inventory of any commodity for sale on the premises (e.g. arts and crafts items, handmade clothing, etc.).
P.
The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.
Q.
Home occupation shall be contained within the dwelling unit and shall not utilize outside porch, garage, or other accessory building for public or customer waiting or services except as allowed in subsection 7.5 4N.
7.5.3
Applicability of Other Regulations
A home occupation shall also be subject to any and all other provisions of local, State and/or Federal regulations and laws that govern such uses.
7.5.4
Uses Allowed as Home Occupations
Subject to other provisions of this Ordinance, home occupations may include the following uses:
A.
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;
B.
Author, artist or sculptor;
C.
Dressmaker, seamstress or tailor;
D.
Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than two (2) pupils at a time;
E.
Individual tutoring and home schooling;
F.
Millinery;
G.
Office facility of a minister, rabbi, priest or other clergyman;
H.
Home crafts, such as rug weaving, model making, etc.;
I.
Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
J.
Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
K.
Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;
L.
Family homes in compliance with applicable State laws;
M.
Barber shop/beauty salon or manicure studio; and
N.
Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time.
7.5.5
Home Occupation Uses Not Classified
Any use that is not expressly allowed by this Section is prohibited unless and until such use is classified by amendment to this Ordinance.
(Ordinance 07-15 adopted 7/9/07; Ordinance 13-036 adopted 8/12/13; Ordinance 23-061 adopted 12/11/2023)
§ 6 BUSINESS LICENSES.
(Ordinance 09-039 adopted 7/13/09)
§ 7 ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES. [1]
7.7.1
Definitions.
For purposes of this section 7.7, the following definitions shall apply:
1.
Alcoholic beverage
means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
2.
Beer
means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
3.
Private school
means a school that is not a public school, including a parochial school, that: (1) offers a course of instruction for students in one or more grades from kindergarten through grade 12; and (2) has more than 100 students enrolled and attending courses at a single location.
4.
Residential district
means an Agricultural (AG) District; a Ranchette Estates (RAE) District; a Single-Family Residential Estate (RE) District; a Single-Family Residential - 1 (R-1) District; a Single-Family Residential - 2 (R-2) District; a Single-Family Residential - 3 (R-3) District; a Single-Family Residential - 4 (R-4) District; an Apartment (Multiple-Family) (A) District; or the area designated for residential use on the approved concept plan for a Planned Development District (PD) District.
7.7.2
Location Limitations
A.
The sale of beer is prohibited in every residential district.
B.
The sale of alcoholic beverages is prohibited in a business that is located within:
(1)
300 feet of a church, a public school, or public hospital;
(2)
300 feet of a private school; provided that such limitation shall not apply to a private club that holds a food and beverage certificate issued pursuant to Tex. Alcoholic Bev. Code sections 32.23 and 69.16.
(3)
1000 feet of a private school, if the City receives a request from the governing body of the private school to increase the distance to such measurement; provided that such limitation shall not apply if: (i) in the case of a private club, less than 50% of the gross receipts for the business are derived from sale or service of alcoholic beverages; or (ii) in the case of a business holding a retail off-premises consumption permit issued under Chapter 69 of the Tex. Alcoholic Bev. Code, less than 50% of the gross receipts for the business, excluding the sale of items subject to the motor fuels tax, are derived from the sale or service of alcoholic beverages.
7.7.3
Measurement of Distances
The distance requirements of subsection 7.7.2 shall be measured in the following manner:
A.
The measurement of the distance between a place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
B.
The measurement of the distance between a place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.
7.7.4
Exceptions
The City Council, upon written application for establishment of a business selling alcoholic beverages, may grant an exception to the distance requirements set forth in this Section 7.7, if the Council determines that enforcement of the standards is not in the best interest of the public; constitutes waste or inefficient use of land or other resources; creates an undue hardship on the applicant; does not serve its intended purpose; or is not effective or necessary, taking into account the public health, safety and general welfare, and the equities of the situation.
7.7.5
Site Plan Requirement
Prior to establishment of any business selling alcoholic beverages, the owner shall submit a site plan prepared in accordance with section 7.1.2 demonstrating that the requirements of this section regarding location of businesses in relation to churches, hospitals and schools have been met. In the event the applicant requests an exception pursuant to subsection 7.7.4, such request shall be illustrated on the site plan. The Director of Planning, or in the event an exception is requested, the City Council, shall approve or disapprove the site plan. The site plan may be combined with an application for a specific use permit, where required.
(Ordinance 10-018, sec. 6, adopted 6/14/10)
[1]
Editor’s note–Ordinance 10-018 adopted 6/14/10 amended article 7 by adding a new sections 6 and 7. Article 7 already contained a section 6, added by Ordinance 09-039 adopted 7/13/09. The provisions designated as section 6, subsections 7.6.1–7.6.5, have been included as section 7, subsections 7.7.1–7.7.5, and the references to such provisions have been revised accordingly.
§ 8 LIMITATIONS ON RETAIL USES. [1]
7.8.1
Minimum Size for Convenience Store.
A convenience store (with or without gas pumps) selling pre-packaged food or beverages may not contain less than 1,000 square feet of retail space.
7.8.2
Drive-through Facilities
A business may not sell or serve pre-packaged, sealed, or unopened beverages through drive-through, or walk-up facilities; provided that the prohibitions in this section shall not apply to: (i) service of food or beverages to customers who must physically leave their vehicles and enter a building in order to purchase such food or beverages, or (ii) sale or service of food to a customer by a restaurant through a drive-up facility.
7.8.3
Addition of Pre-packaged Food or Beverage Sales
The addition of the sale of pre-packaged food and beverages to the operation of an existing retail establishment shall be considered a new use, and will only be allowed with the approval of a Special Use Permit pursuant to the procedures of Section 7.1 [Article 7, Section 1].
(Ordinance 10-018, sec. 7, adopted 6/14/10)
[1]
Editor’s note–Ordinance 10-018 adopted 6/14/10 amended article 7 by adding a new sections 6 and 7. Article 7 already contained a section 6, added by Ordinance 09-039 adopted 7/13/09. The provisions designated as section 7, subsections 7.7.1–7.7.3, have been included as section 8, subsections 7.8.1–7.8.3.
§ 9 SOLAR PANEL SYSTEMS.
7.9.1
General Purpose.
To provide opportunities to use solar systems in the City of Red Oak. Solar systems are either roof or ground-mounted. The solar systems are to be regulated with a primary purpose of reducing the visibility of solar systems from public view, primarily from public roads and to maintain a high standard for aesthetics. The ordinance provides both administrative and legislative approval processes.
7.9.2
General Requirements in all Districts
A.
The applicant or their representative are responsible for determining if the additional weight of a roof-mounted system can be supported by the roof. Any additional engineering and/or reconstruction of the roof or any of its means of support shall comply with all City codes as they may be amended, which may require additional review time, permits, and/or fees.
B.
All solar systems shall be designed and installed to prohibit sun reflection towards vehicular traffic and any habitable portion of an adjacent structure. Sun reflection onto an adjacent roof will be acceptable.
C.
Panels shall have an anti-reflective coating.
D.
Solar panel systems shall be installed in conformance with all applicable city codes and ordinances, as amended.
E.
Plans that demonstrate compliance as may be required by staff, the Commission, or Council shall be provided. At a minimum, the plans shall include, but are not limited to, a site plan, a roof plan for roof-mounted installations, electrical schematics, details of the manufacture and location for the installation of any equipment. The applicant shall provide additional plans or information to support the application as may be requested by staff, the Commission, or Council.
7.9.3
Residential Districts
A solar system is allowed by right as an accessory use in Single-Family Residential Districts, residential or small commercial areas within a Planned Development, Apartment Districts, Commercial Districts for small commercial customers, or Agricultural District with single-family. A “small commercial customer” means a commercial customer having a peak demand of 1,000 kilowatts or less.
7.9.4
Nonresidential Districts
A solar system is not permitted by right as an accessory use or primary use in the following zoning districts: Industrial, areas in a Planned Development not described above in subsection 7.9.3 “Residential Districts,” and Agricultural without single family.
A.
As an accessory use, the visibility of the solar systems shall be minimized.
B.
As a primary use, such as a solar farm, the location and its compatibility with the surrounding area, glare, and other safety or nuisance issues shall be considered and shall be mitigated.
C.
Panels shall have an anti-reflective coating.
D.
Criteria to consider for a Planned Development or Specific Use Permit:
1.
General methods for satisfying criteria that may be required include, but are not limited to:
a.
Exposed conduit, ladders, utility boxes, stack pipes, drain spouts, or other ancillary equipment shall be painted to match the primary color or color sequence to aid in blending with the color of the building.
b.
For new buildings and developments, parapet walls or other similar architectural elements shall be constructed to a height of not less than one foot above the horizontal plane of the highest (after-installation height) roof-mounted mechanical unit, HVAC and/or other equipment (e.g. satellite dishes, solar panels). If free clearance or otherwise unobstructed flow of space is required by the Fire or Building Code, equipment shall be positioned within the parapet wall so as not to be visible from the street or abutting properties.
c.
Systems that propose to be integrated into the architecture may be considered, such as awnings that have integrated solar panels.
2.
Additional considerations for roof-mounted solar panel systems that may be required are as follows:
a.
Solar panel systems shall not be located on a front or side roof slope facing any public street or a rear roof slope facing a street with a right-of-way equal to or greater than 80 feet as shown in the Thoroughfare Plan.
b.
Solar panel systems shall have a top edge that is parallel to the roof ridge and shall conform to the slope of the roof.
c.
Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district.
d.
All buildings designed with parapet walls or other similar architectural elements shall be constructed to a height of not less than one foot above the horizontal plane of the highest (after-installation height) roof-mounted mechanical unit, HVAC and/or other equipment (e.g. satellite dishes, solar panels). If free clearance or otherwise unobstructed flow or space is required by the Fire or Building Code, equipment shall be positioned beyond the parapet wall so as not to be visible.
e.
Ancillary equipment to the solar systems shall be screened from view of a public street or adjacent property.
f.
Roof-mounted solar systems shall be screened so that they are not visible from the street or the boundary of the abutting property.
g.
The screening of equipment on the ground shall utilize construction materials that match the predominant material used on the building and shall be opaque.
h.
Solar panel systems shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley or eave.
3.
Additional considerations for ground-mounted solar panel systems that may be required are as follows:
a.
Ground-mounted solar panel systems shall not be located between a property line abutting a street and the building.
b.
Masonry and architectural requirements shall not apply to ground-mounted solar panel systems.
c.
Ground-mounted solar panel systems on residential property shall be screened from view of the street or adjacent properties by an opaque screening fence.
d.
Ground-mounted solar panel systems on nonresidential property shall be screened from view by the street and adjacent properties by a screening wall constructed of materials that match the predominant material used on the building.
e.
The maximum height of ground-mounted solar panel system as an accessory use shall not exceed the height of the required opaque fence and in no case shall exceed eight feet when the grade at where the system is installed is equal to or higher than the crown of the road. If the grade at where the system is installed is lower than the crown of the road, the upper most part of the solar system must be reduced by an equal amount.
f.
Wiring associated with the system’s connection to the primary or sub-electrical panel shall comply with the City’s Building Code, as amended.
g.
Supporting equipment for solar panel systems, including power conditioning equipment, such as batteries for electricity storage and stand-by gasoline electric generators, shall be located behind the building and shall be screened by an opaque screening device, except that wall-mounted inverters may be located next to the electric meter.
(Ordinance 21-033 adopted 8/9/21)