River Oaks City Zoning Code
SECTION 14
"C-1" COMMERCIAL DISTRICT - Neighborhood Retail.
A.
PURPOSE.
This district is the most restricted commercial zoning district and provides a uniform set of standards for retail shopping facilities for the sale of new and secondhand merchandise and general commercial activities. It is intended that this zoning district be served by major thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. The principal business activity of any permitted use in this district shall be conducted wholly within an enclosed building. It is expressly intended that no residential dwelling be erected in this commercial district and existing dwellings may remain only as nonconforming uses.
B.
USE REGULATIONS.
In the "C-1" Neighborhood Retail Commercial District, no buildings or land shall be used, and no buildings shall be erected, reconstructed, altered or enlarged except for one or more of the following uses:
1.
Antique shops.
2.
Bakeries.
3.
Barber and beauty shops.
4.
Bicycles and bicycle repair shops.
5.
Blueprinting or Photostatting.
6.
Book or stationary stores or newsstands.
7.
Business colleges, trade schools, or private schools operated as a commercial enterprise.
8.
Confectionery stores.
9.
Custom dress making or millinery shops.
10.
Dancing schools.
11.
Day-Care Nurseries and Kindergartens.
12.
Delicatessen shops.
13.
Dry goods and notions stores.
14.
Duplicating service, printing, lithographing, by mimeographing, multi-graphing and offset printing, providing that the floor area does not exceed 3,000 square feet.
15.
Electrical and gas appliances and supply sales, electrical and gas repair and installation services with no outside display of merchandise.
16.
Florist or gift shops.
17.
Health and physical fitness centers.
18.
Jewelry stores, optical goods.
19.
Leather and leather goods shops, providing that the floor area does not exceed 3,000 square feet for separate or combined uses.
20.
Offices.
21.
Photograph, portrait or camera shops and photo finishing.
22.
Piano stores, musical instruments and supplies.
23.
Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors.
24.
Radio and televisions sales and servicing with no outside displays of merchandise.
25.
Religious institutions, churches, and facilities for related activities, including those of worship, fellowship and education.
26.
Sporting goods including sales and repair.
27.
Studios for artists.
28.
Tailor clothing or wearing apparel shops.
30.
Oil and gas well drilling and production.
The term shall also include uses or businesses which, in the opinion of the Zoning Administrator, are substantially similar to any of the above-listed uses or businesses, even if the use or business does not expressly fall within the definition from the City's Zoning Ordinance. If a use or business is new or unlisted in the City's Zoning Ordinance it is presumed to be a commercial use under this Ordinance until otherwise classified as provided in Chapter 14, Exhibit A, Zoning Ordinance. |
C.
ACCESSORY USES.
In addition to those accessory uses specifically authorized in Section 22 of this Ordinance; any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this Ordinance.
D.
DEVELOPMENT REGULATIONS.
In the "C-1" Commercial District, the following development regulations shall be applicable to all uses:
1.
Height.
No portion of a building or structure which is located within 100 feet of property zoned for a residential use or occupied as a residence for a single-family residential use shall exceed two and one-half stories, nor shall it exceed 35 feet. No portion of a building or structure in excess of 100 feet from property zoned for a single-family residential use shall exceed three and one-half stories or 45 feet, whichever is less.
2.
Front Yard.
Where the side of a "C-1" zoned lot abuts property zoned for a residential use or occupied as a residence, there shall be a front yard of not less than the front yard required for the residential property. Where the side of the "C-1" zoned lot does not abut property zoned for a residential use or occupied as a residence, there shall be a front yard of not less than 25 feet or the front yard indicated on a city-approved plat as filed in the Tarrant County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the city council. If a building line shown on a city-approved plat as filed in the Tarrant County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard.
3.
Rear Yard.
There shall be a rear yard of not less than 20 feet.
4.
Side Yard.
Where the side yard abuts upon the side of a lot zoned or used for a residential use, there shall be a side yard of not less than 10 feet, otherwise no side yard for a nonresidential building shall be required, but if provided, it shall not be less than three feet.
5.
Width of Lot.
The width of a lot shall be a minimum of 70 feet at the building line, provided that where a platted lot in separate ownership at the time of the passage of this Ordinance has less width than herein required, this Ordinance shall not prohibit its use for commercial purposes as long as the commercial use meets all other development regulations.
6.
Site Plan.
An approved site plan shall be required as a prerequisite for the granting of "C-1" Neighborhood Retail Commercial District and for the issuance of a building permit or certificate of occupancy for new construction and expansions amounting to 50 percent or more of the existing main structure in all "C-1" Commercial Zoning Districts. The site plan shall contain the information required by Section 25 of this Ordinance and may be amended in accordance with the procedures of Section 25.
E.
DISTRICT RESTRICTIONS.
1.
Screening.
In the event that development in this district abuts or adjoins property zoned for a residential use or occupied as a residence a metal, wood, vinyl or masonry fence of a height of not less than six feet nor greater than eight feet shall be placed along the abutting or adjoining property line.
2.
Lighting and Noise.
Any lighting visible from outside the site shall be designed to reflect away form adjacent residential properties and shall not interfere with traffic safety. No noise, odor, or vibration shall be emitted such that it constitutes a nuisance by substantially exceeding the general level of noise, odor or vibration emitted by uses of adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundaries of the site.
3.
Trash.
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by a masonry fence eight feet in height.
4.
Maintenance of Fence.
The owner or manager of the property zoned "C-1" shall maintain the fence in a safe and clean condition.
5.
Outside Storage.
Outside Display or retail sales, subject to the following conditions:
a.
The business displaying the merchandise must have a valid commercial certificate of occupancy;
b.
The merchandise (new and/or secondhand) must not be left outdoors when the business is closed;
Exception: "With the change in ownership before a new commercial certificate of occupancy will be approved; outside storage areas where merchandise is kept even when closed and visible to the public requires that first a screening device constructed of metal, wood, vinyl, masonry or other code-approved screening type materials not less than six feet nor greater than eight feet in height shall be placed around the storage area."
c.
The total display must not exceed more than fifty (50) percent of the indoor floor area of the business;
d.
Outside display of items for the purpose of manufacturing or assembly is not permitted.
6.
Nonconforming Uses.
See Section 28.
F.
SPECIAL USE REGULATIONS.
1.
Recreation and Amusement Assemblies shall be subject to the following regulations, in addition to the other requirements applicable to C-1 Commercial Districts:
a.
No alcohol sales or consumption shall be permitted.
b.
The day-night average sound level at the property line shall not exceed 65 decibels as specified under Section 17.E.1 (Noise) of the Zoning Ordinance.
c.
Vibration levels must comply with Section 17.E.2 (Vibration) of the Zoning Ordinance, as amended.
d.
A traffic-control plan must be presented and approved by the River Oaks Police Chief before issuance of a certificate of occupancy.
e.
The property owner is responsible for traffic control before, during and after performance events and to coordinate such with the River Oaks Police Department.
f.
No entertainment shall be permitted except between the hours of 10:00 a.m. and 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11:00 p.m. on Friday and Saturday.
(Ordinance 1394-2023 adopted 11/28/2023)