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Red Oak City Zoning Code

ARTICLE 9

SPECIAL ZONING REGULATIONS

§ 1 GENERAL.

9.1.1 
Special Zoning Regulations
The regulations in this Article shall apply to the specific circumstances and use of property governed by this Ordinance.
(Ordinance 07-15 adopted 7/9/07)

§ 2 TEMPORARY ZONING - ANNEXED TERRITORY.

9.2.1 
Temporary Classification
All territory hereinafter annexed to the City shall be temporarily classified as “AG”, Agricultural District, until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures set forth in this Ordinance and Chapter 211 of the Texas Local Gov’t Code.
9.2.2 
Restrictions
In an area temporarily classified as “AG”, Agricultural District, the following requirements apply:
A. 
No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a building permit or certificate of occupancy from the Building Official as may be required.
B. 
No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the “AG”, Agricultural District, unless and until such territory has been zoned with a classification other than the “AG”, Agricultural District, by the City Council in the manner prescribed by law.
(Ordinance 07-15 adopted 7/9/07)

§ 3 CERTIFICATE OF OCCUPANCY.

A person commits an offense if a person uses or occupies a building erected, converted or structurally altered unless a Certificate of Occupancy has been issued by the Building Official which signifies compliance with the regulations of the zoning district in which the building is located.
(Ordinance 07-15 adopted 7/9/07)

§ 4 PLATTING PROPERTY NOT PERMANENTLY ZONED.

9.4.1 
Zoning Required
The Commission shall not approve any plat of any subdivision within the City until the area covered by the proposed plat is zoned and conforms to the regulations of the district in which it is situated.
9.4.2 
Public Hearing
Zoning may not be placed on any property until the annexation ordinance is effective.
(Ordinance 07-15 adopted 7/9/07)

§ 5 VISUAL OBSTRUCTION REGULATIONS.

9.5.1 
Visibility Triangle
A person commits an offense if the person erects, places or maintains a structure, berm, plant life, shrub, wall, fence or any other item within a visibility triangle if the item is between two and one-half (2-1/2) feet and eight (8) feet in height measured from top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle.
(Ordinance 07-15 adopted 7/9/07)

§ 6 MOBILE HOMES & HUD-CODE MANUFACTURED HOMES.

9.6.1 
Offense
A person commits an offense if the person locates or occupies a mobile home for residential purposes and includes an accessory use of a mobile home for residential purposes.
9.6.2 
Nonconforming Homes
All mobile homes in use prior to May 12, 2004 are hereby declared legal nonconforming uses and subject to the provisions of this Code governing legal nonconforming uses; provided, however, a legal nonconforming mobile home may be replaced with a HUD-Code manufactured home without the loss of legal nonconforming status.
9.6.3 
Manufactured Homes
HUD-code manufactured homes shall not be permitted in any zoning district in the City except an approved planned development zoning district.
9.6.4 
Industrialized Homes
A. 
Single-family or duplex industrialized housing must comply with all local permit and license requirements applicable to other single-family or duplex dwellings.
B. 
Any industrialized housing shall meet the following requirements:
1. 
have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified county tax appraisal roll;
2. 
comply with all applicable zoning standards, including, but not limited to, all aesthetic standards, building setbacks, side and rear yard offsets, square footage, and other site requirements applicable to single-family dwellings; and
3. 
be securely fixed to a permanent foundation.
C. 
Any person who intends to construct, erect, install, or move any industrialized housing into the City shall first submit all required applications to the building official and obtain all required permits.
D. 
The building official shall inspect all construction involving industrialized housing and buildings to be located in the City to ensure compliance with designs, plans, and specifications, including inspection of:
1. 
the construction of the foundation system; and
2. 
the erection and installation of the modules or modular components/units on the foundation.
9.6.5 
Modular Homes
A. 
A modular home is a permitted use in any single-family or apartment zoning district provided that the following requirements are met:
1. 
The dwelling meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction; and
2. 
Conforms to all applicable zoning standards for the respective zoning district; and
3. 
Is affixed to a permanent foundation.
B. 
The Building Official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Tex. Occupations Code Chapter 1201).
(Ordinance 07-15 adopted 7/9/07)

§ 7 CONSTRUCTION YARDS, FIELD OFFICES AND OTHER TEMPORARY BUILDINGS.

9.7.1 
Temporary Certificate
A. 
A temporary certificate of occupancy may be issued for establishment of a temporary field office, which may be a mobile home or HUD-Code manufactured home, for office, professional and general administrative use only. The temporary certificate shall be issued for a temporary structure during construction or renovation of a principal structure and shall be valid for one year or until completion of construction or renovation, whichever shall come first.
B. 
This Section does not create an exemption to the applicable provisions of the City’s technical construction codes.
9.7.2 
Renovation [Revocation]
A temporary certificate of occupancy may be revoked if construction or renovation of the principal structure ceases for more than six consecutive months.
(Ordinance 07-15 adopted 7/9/07)

§ 8 SEXUALLY ORIENTED BUSINESSES.

9.8.1 
Adoption of Preamble
The findings contained in the preamble of Ordinance No. 04-08 are determined to be true and correct and are adopted as a part thereof. The studies, reports, and findings conducted by the cities of Austin, Los Angeles, Las Vegas, Houston, Amarillo, Kennedale and Beaumont regarding the harmful effects of sexually oriented businesses on surrounding land uses are on file with the office of the City Secretary.
9.8.2 
Location of Sexually Oriented Businesses
A. 
A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within eight hundred (800) feet of any of the following uses or locations within the city limits or extraterritorial jurisdiction of the City of Red Oak:
1. 
Church or synagogue;
2. 
A public or private elementary or secondary school or licensed day-care center;
3. 
A boundary of a residential district;
4. 
A public park;
5. 
A public library;
6. 
The property line of a lot devoted to a residential use as defined in this section; or
7. 
Another sexually oriented business.
B. 
A person commits an offense if he establishes, operates or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
C. 
For the purposes of subsection A above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsections A.1–7 of this section.
9.8.3 
Additional Regulations
A sexually oriented business shall be subject to the provisions of Ordinance 04-08.
(Ordinance 07-15 adopted 7/9/07)

§ 9 CARPORTS.

Carports are prohibited in all zoning districts. Any carport constructed prior to the effective date of this Section shall be treated as a nonconforming use, in accordance with Article 4 of this Zoning Ordinance.
(Ordinance 17-016, sec. 1, adopted 6/12/17)