River Oaks City Zoning Code
SECTION 15
"C-2" COMMERCIAL DISTRICT.
A.
PURPOSE.
This district is a medium intensity 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 except where noted otherwise. It is expressly intended that no residential dwelling be erected in this commercial district and existing dwellings may remain as nonconforming uses.
B.
USE REGULATIONS.
In the "C-2" 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.
All uses allowed in "C-1" Commercial and "CF" Community Facilities Districts.
2.
Auditorium, theaters, cinemas.
3.
Automobile parking areas.
4.
Automobile parts, retail sales.
5.
Cleaning, dyeing and pressing works; except that Laundry and Washeterias are not permitted.
6.
Commercial amusement centers and bowling alleys, indoor operations only.
7.
Department stores.
8.
Dog and cat hospitals or small animal hospitals, if conducted wholly within a completely enclosed soundproof and air-conditioned building, provided, that noise or odors created by activities within the building shall not be perceptible beyond the property line, and that no animals are kept outside the building at anytime.
9.
Drug stores.
10.
Financial institutions except that predatory lending businesses including check cashing businesses, payday advance/loan businesses, car title loan businesses are not permitted (excluding state or federally chartered banks, savings and loan associations or credit unions).
11.
Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping.
12.
Golf course, including miniature course, driving tee, driving range and "Pitch and Putt" course, provided that lighting of any such use shall be directed away from residential areas.
13.
Grocery stores and meat markets.
14.
Hardware, paint, wallpaper stores and other home improvement items.
15.
Hotel, motel or motor hotel subject to the following restrictions:
a.
No building or outside activities or facilities including dumpsters, mechanical, storage or maintenance buildings or equipment, or recreation areas, except surface parking shall be less than 50 feet from any residential district;
b.
No building shall exceed two and one-half stories, nor shall it exceed 35 feet in height within 100 feet of any residential zoned property or property occupied by a single-family dwelling; and
c.
Any external lighting shall be mounted and maintained to not illuminate any adjacent residential zoned property.
16.
Household and office furniture, furnishings and appliances.
17.
Institutions of higher education, colleges (junior and senior).
18.
Mortuaries, funeral homes, and undertakers.
19.
Nursery yards of building for retail sales, provided that all incidental outside buildings meet Site Plan Approval as provided for in Section 25. Discarded planting pots and other such appurtenances must be stored on the property in an area screened from the public view.
20.
Printing, lithography, or duplicating shops greater than 3,000 square feet.
21.
Radio, television, microwave broadcast, relay, transmission and retransmission facilities, satellite earth stations (homes dish antennas) and any electronic emission equipment when operated in conformance with a Federal Communications and other governmental regulations, and provided the following additional conditions are met:
a.
No satellite dish shall exceed 14 feet in diameter;
b.
No portion of any such dish or other equipment, in any position, shall exceed the specified height regulation of this zoning district;
c.
No portion of any ground-mounted antenna or other equipment, in any position, shall be less than five feet from any property line, utility easement, or building; and
d.
No such dish or other antenna may be located in any required front yard or second front yard.
22.
Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants.
23.
Retail stores, or shops for custom work or the manufacturing of articles to be sold at retail on the premises, provided that:
a.
The space occupied by the manufacturing use permitted herein shall not exceed 50 percent of the total floor area of the permitted use;
b.
The manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes; and
c.
All activities are conducted totally within the same building.
d.
Retail Tire Shops are not permitted.
24.
Fuel dispensing gas stations, convenience stores with fuel dispensing pumps, if the following conditions are met:
25.
Showroom warehouse, subject to the following restrictions:
a.
All activities and storage shall be totally within an enclosed building;
b.
A maximum of 80 percent of the gross floor area of any unit or multiple-unit facility shall be used for warehouse activity;
c.
No manufacturing fabrication or assembly operation shall be conducted in any part of any unit except for articles to be sold at retail on the premises;
d.
The space occupied by the manufacturing use does not exceed 50 percent of the total floor area of the permitted use;
e.
The manufacturing use is not noxious or offensive by reason; and
f.
All activities are conducted totally within the same building.
26.
Skating rinks, ice and roller.
27.
Variety stores.
28.
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 the 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-2" 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 single-family residential use or occupied as a single-family residence 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 or occupied as a single-family residence shall exceed three and one-half stories or 45 feet.
2.
Front Yard.
Where the side of a "C-2" zoned lot abuts on property zoned for a residential use or occupied as a single-family residence, there shall be a front yard of not less than the front yard required for the single-family residential property. Where the side of the "C-2" zoned lot does not abut for a residential use or occupied as a single-family use, 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 residentially-zoned lot zoned for a single-family residential use or occupied as a single-family residence, there shall be a side yard of not less than 10 feet, otherwise no side yard for a nonresidential commercial 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.
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."
7.
Site Plan.
An approved site plan shall be required as a prerequisite for the granting of "C-2" 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-2" 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 a development in this district abuts or adjoins a property zoned for a residential use or occupied as a residence, a screening device constructed of metal, wood, vinyl or masonry of a height not less than six feet or 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.
Screening of 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-2" shall maintain the fence in a safe and clean condition.
5.
Nonconforming Uses.
See Section 28.
(Ordinance 1394-2023 adopted 11/28/2023)