Special Zoning Regulations
Special Zoning Regulations
The regulations in the Special Zoning Regulations of the Red Oak Zoning Ordinance apply to the specific circumstances and use of property governed by the Red Oak Zoning Ordinance.
All territory annexed to the City is temporarily classified as “AG”, Agricultural District, until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory follows the procedures set forth in the Red Oak Zoning Ordinance and Chapter 211 of the Texas Local Gov’t Code.
In an area temporarily classified as “AG”, Agricultural District, the following requirements apply:
- No person may 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.
- No permit for the construction of a building or use of land is 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.
Platting Property Not Permanently Zoned
The Commission will 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.
Zoning may not be placed on any property until the annexation ordinance is effective.
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 (2½) 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.
Mobile Homes & HUD-Code Manufactured 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.
HUD-code manufactured homes are not permitted in any zoning district in the City except an approved planned development zoning district.
- Single-family or duplex industrialized housing must comply with all local permit and license requirements applicable to other single-family or duplex dwellings.
- Any industrialized housing must meet all the following requirements:
- 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
- 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
- be securely fixed to a permanent foundation
- Any person who intends to construct, erect, install, or move any industrialized housing into the City must first submit all required applications to the building official and obtain all required permits.
- The building official inspects all construction involving industrialized housing and buildings to be located in the City to ensure compliance with designs, plans, and specifications, including inspection of both:
- The construction of the foundation system
- The erection and installation of the modules or modular components/units on the foundation
- A modular home is a permitted use in any single-family or apartment zoning district provided that all the following requirements are met:
- The dwelling meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction
- Conforms to all applicable zoning standards for the respective zoning district
- Is affixed to a permanent foundation
- 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).
Construction Yards, Field Offices and Other Temporary Buildings
- 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. A temporary certificate may be issued for a temporary structure during construction or renovation of a principal structure and is valid for one year or until completion of construction or renovation, whichever come first.
- No exemption to the applicable provisions of the City’s technical construction codes is implied.
A temporary certificate of occupancy may be revoked if construction or renovation of the principal structure ceases for more than six consecutive months.
Sexually Oriented Businesses
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.
Location of Sexually Oriented Businesses
- 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:
- Church or synagogue
- A public or private elementary or secondary school or licensed day-care center
- A boundary of a residential district
- A public park
- A public library
- The property line of a lot devoted to a residential use
- Another sexually oriented business
- 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.
- Measurement are 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 above.
A sexually oriented business is subject to the provisions of Ordinance 04-08.