Welcome to the City of POST OAK BEND

HOME | Council | News & Alerts | Upcoming Meetings | Updates | Ordinances | Resolutions | Budget | Building Permits & City Rentals | Calendar of Events | EVENT RENTALS and Contact Us | Building Permit Application Forms and Guidelines

Ordinances

City Ordinances 
If unavailable online, a copy may be requested in writing to city. Fees apply. 

An ordinance granting Kaufman County Electric Company a franchise to furnish and supply electricity to the general public in the City of Post Oak Bend
Signed:     April 1, 1979
Ordinance:  general service rate to be charged for sales of electricity to residential and commercial consumers in the City of POST OAK BEND, and for the manner in which such rates may be changed. 
Signed:     April 1, 1979
Ordinance providing an annual street and alley rental to be paid by Texas Power and Light Company operating within the City of Post Oak Bend for the use of its streets and public places in the amount of 3% of the gross receipts of such utilities for the proceeding twelve months derived from the sale of electricity. 
Signed:     May 29, 1979
Ordinance granting Gulf States--United Telephone Company the right, privilege, and authority to construct, reconstruct, erect, install, operate, and maintain its poles, wires, lines, anchors, cables, manholes, conduits, and other plat construction, fixtures, and appurtenances along, across, on, over, through, above and under all public streets, avenues, alleys, ways, grounds, and places in said town of Post Oak Bend, upon terms and conditions, and that said town of Post Oak Bend shall receive an annual amount and as to other matters, and repealing all ordinances or parts of ordinances in conflict herewith all as herein provided. 
Signed:     June 29, 1979
Ordinance created the Zoning Commission of the City of Post Oak Bend. 
Signed:     August 7, 1979 
Ordinance providing for the holding of a Public Hearing jointly by the City Council and the Zoning Commission of Post Oak Bend in relation to the consideration and adoption of a proposed zoning ordinance. 
Signed:     October 31, 1979
Ordinance regulating the location and use of buildings, structures, and land; the height, number of stories, and size of buildings and other structures; the size of yards and other open spaces; and the density of populatio; and for said purposes to divide the municipality into districts of such number and areas may be deem best suited to carry out these regulations; to require a building permit; to prescribe penalties for the violation of its provisions and to provide for its enforcement. 
Signed:     March 4, 1980    * NEW CITY OF POST OAK BEND BUILDING CODE WILL CHANGE THIS ORDINANCE - AS OF JANUARY 2014.  NEW PERMIT APPLICATIONS, INSPECTIONS AND FEES.
Ordinance providing for the maintenance of certain state highways and/or portions of state highways in the City of Post Oak Bend, County of Kaufman, Texas hereby referred to as municipal maintenance project and authorizing the Mayor of the City or other authorized City Official to execute and affix the Corporate Seal and attest same.  A certain agreement between the City and the State of Texas, providing for the maintenance and use of the said maintenance project; and declaring emergency and providing that this ordinance should be effective from and after its passage. 
Signed:     September 4, 1980
Ordinance providing for the surrender of the City of Post Oak Bend original jurisdiction over public utilities as provided for in the Public Utility Regulatory Act to the Public Utility Commission of Texas. 
Signed:     August 27, 1981
Ordinance approving the retail base rate reductions for Texas Utilities Electric Company, providing an effective date therefore, providing conditions under which the rate shcedules and service regulations of Texas Utilities Electric Company may be changed, modified, amended or withdrawn, finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. 
Signed:     January 5, 1998
Ordinance electing to have the Public Utility Commission of Texas exercise exclusive original jurisdiction over the Electric Utility rates, operations, and services of Texas Utilities Electric Company within the existing and future incorporated limits of this municipality, providing for an effective date, providing for notice of this ordinance to the Public Utility Commission of Texas, and finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. 
Signed:     February 2, 1998
Ordinance of the City of Post Oak Bend regulating junked vehicles declaring junked vehicles a public nuisance; abatement of nuisance; providing for severability; providing for a penalty of a fine not to exceed Two Hundred Dollars ($200.00) for each offense; and establishing an effective date. 
Signed:     April 12, 2001
Ordinance amending the existing electric franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing an effective date; providing for acceptance by Oncor Electric Delivery Company; finding and determing that the meeting at which this ordinance is passed is open to the public as required. 
Signed:     September 3, 2002
Ordinance of the City of Post Oak Bend, Texas providing for two year staggered terms of office for the Mayor and Aldermen; providing transition requirements; providing for drawing lots for terms of office and place numbers; and providing an effective date. 
Signed:     December 3, 2002
Ordinance of the City of Post Oak Bend, Texas de-annexing the hereafter described tract of land (Gibson Road) from the City of Post Oak Bend; providing that the City of Post Oak Bend relinquishes any and all extraterritorial jurisdiction; providing a severability clause; and providing an effective date. 
Signed:     February 4, 2003
Ordinance of the City of Post Oak Bend, Texas annexing Bend East tract of land.
Signed:     April 3, 2003
Ordinance of the City of Post Oak Bend, Texas creating a Zoning Board of Adjustment; providing for the City Council to act as Zoning Board of Adjustment; providing jurisdiction of the Zoning Board of Adjustment. 
Signed:     April 6, 2004
Ordinance of the City of Post Oak Bend, Texas de-annexing tract of land (29 acres) from the City of Post Oak Bend (see ordinance for more).
Signed:     January 4, 2005
Ordinance of the City of Post Oak Bend, Texas annexing a tract of land (known as Bend East, Phase III) 
Signed:     February 1, 2005
Ordinance of the City of Post Oak Bend, Texas, approving ATMOS Energy Corp. request for compliance tariffs and rate adjustment in this municipality. 
Signed:     July 5, 2005

Ordinance granting to ATMOS Energy Corp.....its successors and assigns, a franchise to construct, maintain, and operate pipelines and equipment in the City of Post Oak Bend....for the transportaiton, delivery, sale, and distribution of gas in, out of, and through Post Oak Bend City.  
Signed:     January 27, 2006

 

Ordinance of the City of Post Oak Bend, Texas adopting a comprehensive zoning ordinance regulating the location and use of buildings, structures, and land; the height, number of stories and size of buildings and other structures; the size of yards and other open spaces; and, the density of pupulation; dividing the municipality into districts and adopting an official zoning map; providing for the repeal of all ordinances in conflict; providing a severability clause; providing a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each violation of its provisions; and providing an effective date. 
Signed:     February 17, 2006. (2014 New Ordinance amended Ord. 22)  
 
  

ORDINANCE NO. 22

AN ORDINANCE OF THE CITY OF POST OAK BEND, TEXAS, ADOPTING A COMPREHENSIVE ZONING ORDINANCE REGULATING: THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND; THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTlTRES; THE SIZE OF YARDS AND OTHER OPEN SPACES; AND, THE DENSITY OF POPULATION; DIVIDING THE MUNICIPALITY INTO DISTRICTS AND ADOPTING AN OFFICIAL ZONING MAP; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION OF ITS PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Commission and the City Council of the City of Post Oak Bend, in compliance with the laws of the State of Texas with reference to amendment of the zoning ordinance, have given the requisite notices and have held due public hearings, and the City Council is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF POST OAK BEND, TEXAS:

Section 1. This Ordinance repeals and supersedes the original City of Post Oak Bend Zoning Ordinance, Ordinance number 7803, dated the 4th day of March 1980, and all other ordinances in conflict herewith. This original Ordinance is on file at Kaufman County Records Section in Volume 0974, page 742.

Section 2. The City Council of the City ofPost Oak Bend, Texas, deems it necessary, in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare, to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions oftransportation, water, sewage, schools, parks, and other public requirements, and to conserve the value of property and encourage'the appropriate use of land throughout the City, all in accordance with a comprehensive plan, to adopt a comprehensive zoning ordinance and map.

Section 3. This Ordinance shall be known and may be cited as the "City of Post Oak Bend Zoning Ordinance".

City of Post Oak Bend Zoning Ordinance Page 1 of 15

 
Section 4. The. zoning regulations-and districts as herein established have been made in accordance with a comprehensive plan for the City ofPost Oak Bend, Texas.       

'.

Section 5. In interpreting and applying the provisions of this Ordinance, the requirements hereof shall be held to be the minimum requirements for the promotion of the public, safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreement between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this Ordinance shall govern.

Section 6. Definitions

For the purpose of this Ordinance, certain tenus and words are hereby defined. Words used in the pre,sent tense shall include the future; the singular nunlber shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory and not directive; the word "lot" includes the word "plot"; the tenu "used for" includes the meaning "designed for" or "intended for". Said words and tenus are as follows:

  1. Accessory Use or Building. An accessory use or building is a subordinate use or building customarily incident to and located on the same lot occupied by the main use or building.
  2. Alley. A public way that affords only a secondary means of access to property abutting thereon. '
  3. Building. Any structure designed or built for the support, enclosure, shelter, or protection ofpersons, animals, chattels or property of any kind ..
  4. Building, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
  5. Building Line. A line parallel or approximately parallel to the street line and ,beyond which buildings may not be erected.
  6. City. The City ofPost Oak Bend, Texas.
  7. Clinic. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine together.
  8. Club. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
  9. Dwelling. Any building or portion thereof that is designed for or used for residential purposes.
  10. Dwelling, Mobile Home. A structure which was constructed before June 15, 1976 transportable in one or more sections which in the traveling mode is eight

(8) body feet or more in width or forty (40) body feet or more in length or, when erected on-site, is three hundred and twenty (320) or more square feet and which

City of Post Oak Bend Zoning Ordinance Page 2 of 15

is built on a permanent chassis and t designed to be used as a dwelling with or

without, a permanent foundation when connected to the required utilities and

includes the plumbing, heating, air-conditioning and electrical systems.

11. Dwelling, Hun-Code Manufactured Home. A structure constructed on or after June 15, 1976 according to the rules of the United States Department of Housing and Urban Development which is transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred and twenty (320) or more square feet and which is built on a permanent chassis and designed to be

'used as a dwelling with, or without, a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems.

12. Dwelling, Single-Family. A detached principal building other than a mobile home designed for, or occupied as, a dwelling exclusively by one family as an independent family unit.

13. Easement. Authorization by a property owner for the use by the public, a corporation or persons of any designated part of his property for specific purposes.

14. Family. One or more individuals living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel.

15. Frontage, Block. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

16. -Lot. A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Ordinance, and . having its principal frontage upon a street or upon an officially approved place.

17. Lot, Depth of. The mean horizontal distance between the front and rear lot lines.

18. Modular Home. Any permanent, single family dwelling unit which has been prefabricated or factory constructed as a single unit or in sections or modules, and assembled at the factory or construction site and moved to a permanent location as a unit or in sections or modules, as a permanent single family dwelling unit plac~d on a permanent foundation at such site and connected with all utility servIces.

19. Non-Conforming Use, Building or Yard. A use, building, or yard, existing legally at the time of passage of this Ordinance, which does not, by reason of design or use, conform to the regulations of the district in which it is situated.

20. Parking Space, Off-Street. An area of not less than 180 square feet, measuring nine feet (9') by twenty feet (20'), not on a public street or alley, surfaced with an . all weather surface, enclosed or unenclosed. A public street shall not be classified as off-street parking in computing the parking requirements for any use, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.

21. Place. An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

22. Recreational Vehicle. A vehicular portable structure built on a chassis, designed to be used as a temporary living facility for travel and recreational purposes.

City of Post Oak Bend Zoning Ordinance Page 3 of 15 

23. Servants' Quarters. An accessory building or portion of a main buil4ing located on the same lot as the· main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

24. Story. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

25. Story, Half. A partial story under a gable, hip or grunbrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4 ') above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.

26. Street. A public or private thoroughfare that affords the principal means of access to abutting property.

27. Street Line. A dividing line between a lot, tract or parcel of land and a .contiguous street.

28. Structure. Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to, buildings of all types, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.

29. Residential Swimming Pools. In-ground swimming pools and aboveground swimming pools must be located in the back yard and enclosed by a fence.

30. Yard. An open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion or a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

31. Yard, Front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual

. uncovered steps, uncovered balconies, or uncovered porch. On comer lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

32. Yard, Rear. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.

33. Yard, Side. A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.

Section 7. Repeal of Conflicting Ordinances or Orders.

Ordinances or parts of ordinances in conflict with this Ordinance, or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance

City of Post Oak Bend Zoning Ordinance Page 4 of 15

full force and effect.

Section 8. Special Exceptions and Variances.

The City Council shall have the power to act as the Zoning Board of Adjustment for the City to hear and decide special exceptions to the terms of this Ordinance and to authorize such variances from the terms of this Ordinance as may be authorized under section 211.009 of the Local Government Code, and in accordance with the procedural requirements of that section.

Section 9. Establishment ofDistricts and Official Zoning Map.

In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established:

A. RSF Residential Single Family -Minimum One (1) Acre Net

This district is comprised of quiet low-density residential areas, plus open acreage where future residential development may occur.

B. COM Commercial. Privately owned businesses

C. MH Mobile Home Single Family -Minimum One (1) Acre Net

This district is comprised of an area approved for use of mobile homes or HOD .Code Manufactured Homes as one-unit dwellings in accordance with a site plan approved by the City Council.

The location and boundaries of the districts herein established are shown on the Official Zoning Map, which is hereby incorporated into this Ordinance and attached by reference hereto as Exhibit "A" and made part hereof for all purposes. Said Official Zoning Map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this Ordinance as if fully set forth and described herein. Said Zoning Map, properly attested, is on file in the office of the City Secretary of Post Oak Bend, Texas

Section 10. Interpretation and Application.

The provisions of this Orpinance may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity, and general welfare. This Ordinance is not intended to interfere with, abrogate or annul any easements, covenants, and restrictions or agreements between parties provided. However, wherever this Ordinance imposes a greater restriction upon use of buildings or land, upon the location or height of buildings or structures or requires larger open spaces about the structures that are imposed or required by other laws, ordinances, or easements, covenants and restrictions or agreements between parties, the provisions ofthis Ordinance shall govern.

Section 11. Residential Single Family District.

The following regulations shall apply to the Single Family Residential District.

City of Post Oak Bend Zoning Ordinance Page 5 of 15 

 

A. Use Regulations. Within the Residential Single Family District, only the following uses and structures shal1 be permitted.: .

 

  1. One-family dwellings.
  2. Churches, church schools and other places ofworship.
  3. Colleges, universities, or other institutions ofhigher learning.
  4. Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.
  5. Farms, nurseries or truck gardens, limited to the propagation and cultivation of plants.
  6. Parks, playgrounds, community buildings and other public recreational facilities, owned and or operated by the municipality or other public agency .

 

.7. Public buildings, including libraries, museums, police and fire stations.

8. Real estate sales offices and model display homes are permitted during the development of residential single-family homes for a period not to exceed two (2) years.

9. Public schools, elementary, middle schools and high schools.

10. Private schools with curriculum equivalent to that ofpublic schools.

11. Temporary buildings for uses incidental to construction work on the premises; buildings shall be removed upon the conlpletion or abandonment of construction work.

12. Water supply reservoirs, pumping plants and water towers.

13. Accessory buildings which are required in addition to the above structures and uses, and which are located on the same lot therewith, are permitted.

 

a. The term accessory shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by this person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed and no window display or sign is used to advertise.

 

b. A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except the placing of an un-illuminated "For Sale" or "For Rent" sign not more than eight (8) square feet in area may be permitted as an accessory use. Churches and other institutions may display signs showing nanles, activities and services therein provided. During construction of a building, one un-illuminated sign advertising contractors or architects on such premises shall be permitted, provided that such sign shall not be more than thirty-two (32) square feet in area and shall be set back of the established or customary building line. The sign shall be


City of Post Oak Bend Zoning Ordinance Page 6 of15

removed immediately upon completion of the building.

c. A private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than ... seventy-five (75) feet from the front lot line nor less than ten (10) feet from any side or rear lot line and in the case of comer lots not less than the distance required for residences from side streets. A garage or servants' quarters constructed as an integral part of the main building shall be subj ect to the regulations affecting the main building.

B. Area Regulations

1. Size of yards.

 

 

 

 

 

 

a. Front yard. There shall be a front yard having a depth of not less than fifty feet (50'). If lots have double frontage, running through from one street to another, the required front yard depth shall be provided on both streets. No parking shall be allowed within the required front yard.

b. Side yard. . There shall be a side yard on each side ofthe lot having a width ofnot less than twenty feet (20').  

c. Rear yard. There shall be a rear yard having a depth ofnot less than twenty-five feet (25 ').

2. Size of Lot.

 a. Lot Area. No building shall be constructed on any lotof less than 1 acre net.

 b. Lot Width. The width of the lot shall not be less than one hundred twenty-five feet (125') at the front street building line, nor shall its average width be less than one hundred twenty-five feet.

 c. Where a lot having less area and/or width than herein required existed in separate ownership upon the effective date of this Ordinance, the above regulations shall not prohibit the erection of a single-family dwelling thereon.

C. Height Regulations.

No building shall exceed thirty-five feet (35') or two and one half (2-112) stories in height.

Section 12. Swimming Pools.  

It is the purpose ofthese provisions to recognize an outdoor swimming pool as a potential attractive amenity and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement ofswimming pools.

City of Post Oak Bend Zoning Ordinance Page 7 of 15

A. Pennits and Approvals: No swimming pool shall be constructed or used until a Swimming Pool Building Permit and Certificate of Occupancy have been issued. No Building Permit and no final Certificate of Occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations.

B. Requirements: A swimming pool may be constructed and operated when:

1. The pool is not located in any required front or side yard abutting a street.

2. All lighting ofthe pool is shielded or directed to face away from adjoining residence.

3. During the construction phase, a permanent or temporary barrier meeting the-requirements ofnumber 4 (below) is required.

4. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The barrier shall comply with the following:

 

 

 

 

 

 

a. The top of the barrier shall be at least forty-eight inches (48") above grade measured on the side of the barrier that faces away from the swimming pool.. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (2") measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4") when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than forty-five inches (45") apart, the horizontal members shall be placed on the poolside of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited.

 

b. Openings in the barrier shall not allow passage of a 1-3/4-inchdiameter sphere.

 

EXCEPTIONS:

 

(1) When vertical spacing between such openings is forty-five inches (45") or more-, the opening size may be increased such that the passage of a four inch-diameter sphere is not allowed.

 

(2) For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (4") when the distance between the tops of horizontal members is forty-five inches (45 ") or more.


c. Chain link fences used as the barrier shall not be less than 11 gage.

City of Post Oak Bend Zoning Ordinance Page 8 of 15 

Section 13. Commercial (COM) District.

The following regulations shall apply to the Commercial District.

A. ,Use Regulations.

Within the Commercial District, to replace a currently owned commercial

business will require approval ofthe City Council.

B. Area Regulations

1. Size ofYard

 

 

 

a. Front Yard. Same as District RSF

 

b. Side Yard. Same as District RSF

 

c. Rear Yard. Same as District RSF

 

C. Height regulations.

No building shall exceed forty-five feet (45') or three (3) stories in height, except 'that a building may be erected to a height of eighty feet (80') and eight (8) stories if set back from all required yard lines adistance of one foot (1 ') for each two feet (2') ofadditional height above forty-five feet (45').

Section 14. MH Mobile Home Single Family.

The following regulations shall apply to the Mobile Home Single Family District.

A. F or purposes of the Zoning Ordinance, "'mobile home" means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. "HUD-code manufactured home" means a structure, constructed on or after June 15, 1976 according to the rules of the United States Department of Housing and Urban Development, transportable in one or more

'sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air

. conditioning, and electrical systems. For purposes of the Zoning Ordinance, a Mobile Home District shall be one in which a mobile home or HUD-code manufactured home is permitted.

B. It shall be unlawful and an offense for any person to park a mobile home or HUDcode manufactured home within the City limits of the City of Post Oak Bend for use as a residence, except in such areas as are designated a "Mobile Home District" under the Zoning Ordinance and as shown on the official Zoning Map.

City ofPost Oak Bend Zoning Ordinance Page 9 of15 78808

C. Etich n10bile home or HUD-code manufactured home unit shall be provided with: a foundation skirt of an opaque, solid material extending from the lower edge of the unit to the ground.

D. Sanitation and utility service shall be made available to each lot of a Mobile Home District in accordance with applicable Codes and Ordinances of the City and County.

E. Require that all mobile homes and HUD-code manufactured homes shall be installed using methods and· practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and (inchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

'This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

F. Off-street parking shall be provided at a ratio of two spaces for each lot in a Mobile Home District, and the location of such spaces shall be specifically shown on the approved site plan. Each Mobile Home District shall be designed so that each lot therein fronts upon a street equivalent to a standard residential street, as required in other residential areas.

G. Signs shall be permitted in the Mobile Home District in the same manner as provided in any residential district and under the conditions set out in this Ordinance.

Any existing mobile home or manufactured home which continues to be used for any purpose subsequent to the continuance provisions of this chapter, and which is abandoned and not maintained for a continuous period of 180 days, shall lose its continuance status and shall be subject to the variance provisions herein prescribed. Abandonment and lack of maintenance may be evidenced by, but not

'limited to, termination of utility service, failure to maintain occupancy, change of type ofuse, or by any other reasonable means.

1. Any manufactured home which is located pursuant to the variance provisions of this chapter, and which is subsequently abandoned, shall be deemed to have permanently lost its location privilege and status, and the site on which the structure had been located shall hereafter be used only for purposes other than the location of a manufactured home.

Section 15. Septic Systems.

A. Persons in the City ofPost Oak Bend, regardless ofthe amount ofland owned, on which a private on-site sewage facility is to be installed must obtain a permit from the licensing authority prior to commencing the construction or installation of the on-site sewage facility. Persons will be required to obtain a soil evaluation test. All private on-site sewage facilities will be constructed or installed according to 30 TAC 285 Rules.

B. The construction or installation of an on-site sewage facility on a lot or tract that is smaller than one (l) acre net shall not be allowed. However, on such smaller lots or tracts recorded with the County in its official plat recorded prior to January 1, 1988, an on-site sewage facility may be permitted to be constructed and

City of Post Oak Bend Zoning Ordinance Page 10 of 15

licensed to operate on a lot smaller th~ one (1) acre. if. it is demons~rated by a thorough investigation of a Registered Professional Engineer or Registered Professional Sanitarian (either having demonstrated expertise in on-site sewage

. facility design) that an on-site sewage facility on one ofthese lots can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or creating the threat ofpollution or nuisance conditions.

C. Upon construction on an on-site sewage facility, if the on-site sewage facility fails the inspection, a re-inspection fee set by the Authorized Agent shall be assessed to the installer of record each tinle a re-inspection is required.

D. All on-site sewage facility designs must be performed by a Registered Sanitarian or a Registered Professional Engineer that have expertise in on-site sewage facility design.

Section 16. Height and Area Exceptions and Modifications.

A. Height.

 

 

  1. The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, omanlental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flag poles, electric display signs, and necessary mechanical appurtenances.
  2. Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each ofthe required yards are each increased by one (1) foot for each foot of additional building height above the height regulation for the district in which the building is located.
  3. Nostructure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected

 

B. Front Yards.

 

  1. Where twenty-five percent (25%) or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Ordinance, or where the configuration of the" ground is such that conformity with the front yard provisions of this Ordinance would work a hardship, the City council may permit modifications of the front yard requirements.
  2. In District RSF, where twenty-five percent (25%) or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this Ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission ofthe City Council.


City of Post Oak Bend Zoning Ordinance Page 11 of 1

 

 

 

 

 

Ordinance No. 22

Ordinance 22

Ordinances of the City of Post Oak Bend, Texas denying ATMOS Energy Corp. statement of intention to increase gas utility rates in this municipality. 
Signed:     June 6, 2006

Ordinance - Establishment of Municipal Court 
SIGNED:     October 3, 2006

ORDINANCE  Subdivision Regulations (in city limits and ETJ)  (Amended Spring 2014) 

Ordinance No. 25

Ordinance - Prohibits new billboard construction and conversion of existing billboards into changeable electronic message signs in the city and ETJ limits. 

Signed:     May 20, 2008

Ordinance- Amendment of existing gas franchise between the City and ATMOS Energy Corporation                                   Signed:  June 16, 2008

Ordinance - Approval of new rates for ATMOS Energy Corp.
PASSED:     September 7, 2010

Ordinance -Prohibiting Discharge of Firearms in the City Limits...providing a penalty or fine... $500 each offense. 
PASSED:  October 5, 2010

Ordinance of the City of Post Oak Bend, Texas annexing  Pebble Creek Estates and 4-acre tract of land  

Signed: June 12, 2012 

Ordinance No. 30

 Rights-of-Way Management Ordinance
Passed June 11, 2013

Ordinance 31

ORDINANCE 32-03-14 BUILDING CODE ORDINANCE

Requires Building Permits for constructing any structures, permit fees, contractor registration, provides for $2,000 fine, and adopts 2008 International Electric Code, 2009 International Residential Code, 2009 International Plumbing Code, 2009 International Mechanical Code...  Effective Date March 11, 2014

Ordinance 32 amends parts of Ordinances 7, 2 and 25.

Ordinance 32

ORDINANCE 33-09-14  Road Load Weight Limits and Truck Routes, Penalties

Passed September 9, 2014 

City of Post Oak Bend Ordinance establishing load limits on city streets, prohibiting through trucks, establishing truck routes, providing for penalty of no less than $500 per offense.  Effective Sept. 9, 2014

Ordinance 33

Ordinance 34-2014

An ordinance of the City of Post Oak Bend, Texas, adopting regulations relating to the collection of solid waste; providing regulations for the collection of municipal solid waste from residential and commercial customers within the City; requiring a permit and franchise agreemnt for the use of city streets to conduct such business, providing for penalties not to exceed $1,000 for each offense  Effective Date: December 9, 2014

 

Ordinance 34-2014 B

An ordinance granting franchise agreements between the City of Post Oak Bend, TExas and Contractor(s) for the collection and disposal of solid waste... providing a penalty fine of not less than $25 nor more than $1,000, and making each day a separate offense. Effective Date: 12/9/2014 

Ordinance 34-2014, Ordinance 34-2014 B

ORDINANCE 35.2015

Litter Control and Refuse Disposal: An ordinance establishing regulations for prohibiting litter and dumping; providing procedures for solid waste disposal; providing for ... enforcement, including criminal fines not to exceed $2,000 per violation.... 

Ordinance 35.2015

   

City of Post Oak Bend, County Road 278, Kaufman, Texas 75142

www.postoakbend.org         postoakbendcity@gmail.com