ORDINANCE NO. 409

 

GRANITE SHOALS ZONING ORDINANCE

 

AN ORDINANCE REPEALING ORDINANCE 357 AND ALL AMENDMENTS; ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN; AND REGULATING THE HEIGHT, NUMBER OF STORIES AND SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF INDUSTRY, RESIDENCES AND OTHER PURPOSES; AND DIVIDING THE CITY OF GRANITE SHOALS INTO DISTRICTS AND REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS; AND PROVIDING UNIFORM REGULATIONS FOR THE SEVERAL CLASSES AND KINDS OF BUILDINGS OR STRUCTURES AND USES WITHIN THE DISTRICTS; AND ADOPTING A ZONING MAP DISCLOSING THE SEVERAL USE DISTRICTS, AND THE RESTRICTIONS AND LIMITATIONS AND PROVISIONS APPLICABLE TO SUCH DISTRICTS; AND PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE POWERS OF SAME; AND PROVIDING CERTAIN PENALTIES AND REMEDIES.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRANITE SHOALS, TEXAS:

 

This Ordinance shall be known and may be cited as the “City of Granite Shoals Zoning Ordinance”.

 

SECTION                                              TOPIC

                                                                                               

SECTION        I    REPEAL

 

SECTION        ll    TITLE AND INDEX

 

SECTION       III     PURPOSE

 

SECTION       IV     DEFINITIONS

 

SECTION       V      GENERAL COMPLIANCE  General Business I, General

                           Business II, Industrial

 

SECTION       VI    ESTABLISHMENT OF ZONING DISTRICTS AND

                           BOUNDARIES, AND GOVERNING BUILDING CODES

 

SECTION      VII    SINGLE FAMILY RESIDENTIAL DISTRICT

                           (R-1)

                           (R-1D)

                           Permitted uses

                           Height requirements

                           Yard requirements

                           Lot, parking, minimum dwelling requirements

 

SECTION     VIII    MULTIPLE FAMILY RESIDENTIAL DISTRICT, (R-2)

                           Permitted uses

                           Height regulations, yard and shoreline requirements

                           Lot, parking, minimum building requirements

                           Misc. requirements

 

SECTION       IX    BED AND BREAKFAST INN

                           Standards

                           Use permit, fee, inspections and permit limitations

                           Appeals

 

SECTION        X    MOBILE HOME RESIDENTIAL, (M-1)

                           Permitted uses

                           Yard and shoreline requirements

                           Lot, parking and misc. requirements

                           General requirements

 

SECTION       XI    MOBILE HOME PARK DISTRICT (M-2)

                           Permitted uses

                           Height, yard, shoreline and lot requirements

                           General and privacy fence requirements

 

SECTION      XII    GENERAL BUSINESS DISTRICT ONE (GB-1)

                           Sale of alcoholic beverages

                           Permitted uses

                           Height, yard and parking requirements

                           Portable building requirements

 

                           GENERAL BUSINESS DISTRICT TWO (GB-2)

                           Sale of alcoholic beverages

                           Permitted uses

                           Height, yard and parking requirements

                           Portable building requirements

 

SECTION      XIII    INDUSTRIAL DISTRICT I

                           Standards

                           Trash, noise, vibration and air pollution

                           Odors, waste, interference, lighting and landscaping

                           Height, area, yard and requirements

                           Parking and loading space requirements

 

SECTION     XIV    AGRICULTURAL DISTRICT (AG)

 

SECTION      XV    OFF STREET PARKING AND LOADING REQUIREMENTS

 

SECTION     XVI    HEIGHT AND AREA REGULATIONS, GENERAL

 

SECTION    XVII    NONCONFORMING BUILDING AND USES

 

SECTION   XVIII    ADMINISTRATION – ENFORCEMENT

 

SECTION     XIX    BOARD OF ADJUSTMENTS

 

SECTION      XX    ANNEXATION AND ZONING OF ANNEXED AREAS

 

SECTION     XXI    VIOLATION, PENALTIES AND FINES

 

SECTION     XXII    CHANGES AND AMENDMENTS

 

SECTION    XXIII    VALIDITY

 

SECTION   XXIV    EFFECTIVE DATE

 

__________________________________________________________________

 

 

SECTION III:      PURPOSE: This Ordinance is enacted for the purpose of promoting health, safety, morals and the general welfare of the community, in accordance with a comprehensive plan designed to lessen congestion in the 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; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

 

SECTION IV:  DEFINITIONS

A.        Generally.  For the purpose of this Ordinance, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with adopted building codes or customary usage and meaning.

 

B.         Specifically.  Where necessary for a reasonable construction of this Ordinance, words used in the present tense shall include the future; the singular number shall include the future; the singular number 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”.

Accessory Buildings and Uses: A subordinate building or portion of the main building, the use of which is incidental to that of the dominate use of the main building or land, including bona fide servants quarters.

Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental to the principle structure and use of the land.                             

 

Apartment House and Apartments: A building, or portion thereof, which is designed or occupied as the home or residence of more than two (2)  families living independently of each other and doing their own cooking in the said building, and shall include flats and other multi-family dwellings.

 

Bed and Breakfast: A family residence where rooms are rented to transient guests on an overnight basis, serving primarily breakfast to those particular guests.

 

                        Board: The Board of Adjustment of the City of Granite Shoals, Texas.

 

Boarding House: A building other than a hotel, where lodging or meals for five (5) or more persons are served for compensation.

 

                        Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels or moveable property of any kind.

 

                        Building Area: The total area enclosed by a line formed by the outside surface of all walls at the foundation line.

 

                        Building Height: The vertical distance from the average grade of the finished ground level at the center of all walls of a building to the highest finished roof surface in the case of flat roofs or to a point at the average height of roofs which have a pitch of more than one (1) foot in four and one-half (41/2) feet.   point of the structure.

 

                        Building Lot: A tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed or built upon as a unit, under single ownership or control.  It shall front upon dedicated streets.

 

Building Line: A line behind which all buildings must be built, such line generally parallel to the front, side or back line.

 

                      City: The City of Granite Shoals, Texas, a type A general law city.

 

                      Commercial Recreation: Buildings designed for, or occupied by, bowling alleys, health clubs, swimming pools, ice skating, billiards, indoor and outdoor theaters and other similar recreational activities operated as a commercial enterprise.

 

                      Condominium: A legal arrangement in which a dwelling unit in an apartment building or residential development is individually owned, but in which the common areas are owned, controlled, and maintained through an organization of all individual owners.

 

Day Nursery: An agency, organization or individual providing daytime care of six (6) or more children not related by blood or marriage to, or not the legal wards or foster children of the attendant adult.

 

                      District: A zoning district  which is a part of the City of Granite Shoals, Texas, wherein the regulations of this Ordinance are uniform.

 

Dwelling: A dwelling is a building or portion thereof, designed and used exclusively for      residential occupancy, including single-family, two family and multi-family dwellings, but not including hotels, motels, lodging houses, campers, or camp trailers, nor any vehicle or portable structure having no permanent foundation other than wheels, jacks or skirts.

 

Dwelling, Multi-family: A building or portion thereof constructed for the occupancy of two         (2) or more families living independently of one another, and doing their own cooking in the building.

 

                      Dwelling, Single-Family: One or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

                       

                      Enclosed Storage: Area surrounded by a solid fence or wall to a height of six (6) or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism.

 

                        Fences: Barriers of posts, wire, rails, etc., used as a boundary or means of protection or confinement

 

                        Fire Wall: A masonry wall, eight (8) inches or more in width, which is continuous from foundation through the roof and is without openings other than fire proof doors.

 

                        Hotel: A building in which lodging or boarding and lodging are provided for more than twenty (20) persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

 

                        HUD- Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of HUD, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 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.  The term does not include a recreational vehicle as that term is defined by 24 CFR, #3282.8(g). 

 

Loading Space: An off-street space for the parking of a vehicle while loading or unloading merchandise or materials.

 

                        Lodging House: A building, other than a hotel, where lodging without meals for five (5) or more persons is provided for compensation.

 

                        Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Burnet County; or a parcel of land, the deed of which was recorded in the office of the County Clerk of Burnet County.

 

                        Lot: A lot is a tract or parcel of land on which a building of primary use may be built along with an accessory building incident to it, having a frontage on a dedicated street.

 

                        Lot, Corner: A lot situated at the intersection of two (2) streets.

 

                        Lot, Interior: A lot other than a corner lot.

 

                        Lot, Through: a lot other than a corner lot, with frontage on two (2) streets.  On a through lot both street lines shall be deemed front lot lines. Two back to back corner lots may be a through lot.

 

Lot Line, Front: That boundary of a building lot which is also the line of an existing or dedicated street.  Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respectively to the front lot line.

 

Marina: Any structure or combination of structures designed for the mooring of boats, a marine fuel facility, and the sale of related merchandise allowed within General Business One (GBI) District.  Sale of alcoholic beverages may be applicable.

Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or 40 body feet or more in length, or, when erected on site, is 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.

 

Motel: A building or a group of buildings which contains living or sleeping accommodations used primarily to serve each living or sleeping unit.

 

Non-conforming Building: Any building or part thereof lawfully existing or occupied at the effective date of this ordinance which does not comply with the regulations of the zoning district in which it is located.

 

Non-conforming Use: Any use lawfully existing after the passage of  this Ordinance, which does not comply with the regulations of the zoning district in which it is located.

 

                        Parking Space, Private: See Section XV.

 

                        Parking Space, Public: See Section XV.

                       

Paved Areas: An area surfaced with asphalt, concrete or similar all weather surface.  See Section XV, 4, A.

 

Person: Means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors and /or assigns, or the agent of any of the aforesaid

 

Planning and Zoning Committee: The Planning and Zoning Committee of the City of Granite Shoals, Texas.

 

Privacy Fence: A fence constructed of wood slats, chain link with slats, masonry or similar material,  and so constructed and maintained as to virtually prevent vision through it.

 

Public Uses: Any use controlled by the City, County, State, Federal or any other governmental entity or agency.

 

Public Utility: An organization supplying but not limited to water, electricity, transportation, sewage treatment and disposal, solid waste collection and disposal.

 

Resort Complex: a commercial enterprise located on acreage with appropriate landscaping and green space.  It may have the following facilities located within its borders; lodging, conference centers, dining and bar facilities, swimming pools, marinas, tennis courts, and service/support buildings.

 

Restaurants and Bars: A retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.

 

Signs: Any device or surface on which letters illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for advertising purposes.  Sign regulations are located in Ordinance 337.

 

Site Plan: A plan to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved.  It includes lot lines, streets, sewer and water lines, building sites, reserved open space, buildings, major landscape features, both natural and man-made and the locations of proposed utility lines.

 

Structurally Altered: Any addition or repair to any building which changes its basic structure, size, shape or outward appearance, or changes the plumbing, wiring, or sewer connections of the building.

 

Texas Industrialized Housing: Building Structures bearing a decal with white background, blue star, blue lettering. (Size 2"X 4").  The insignia decal bears blue border and lettering and State of Texas map outlined in red.  These structures are manufactured to meet requirements as set forth in the Texas Industrialized Housing and Buildings Act, Texas Civil Statutes 5221F-1, Chapter 70, Rules and regulations, and Texas Department of Licensing and Regulation, Texas Civil Statutes, Article 9100, do meet the requirements of an R-1 Single Family Residence for zoning purposes.

 

The Texas Industrialized Housing and Buildings Act, Texas Civil Statues 5221 F, Chapter 70, Rules and Regulations, and Texas Department of Licensing and

Regulation, Texas Civil Statutes Article 9100 are incorporated into this ordinance as Attachment “A”.

 

Texas Manufactured Housing: Structures bearing a red Housing and Urban Development Seal, and/or manufactured as set forth by the Texas Manufactured Housing Act, Texas Civil Statutes, Article 5221F, and Administrative Rules, and Texas Department of Licensing and Regulation, Texas Civil Statutes, Article 9100, are Mobile homes and do not meet the requirements of an R-1 Single Family residence for zoning purposes.

 

The Texas Manufactured Housing Act, Texas Civil Statutes, Article 5221F, and Administrative Rules and Texas Department of Licensing and Regulation, Texas Civil Statute, Article 9100, is incorporated into this ordinance, as Attachment “B”.

 

                        Yard: An open space, on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided.                          

 

                        Yard, Dominant Side: The widest side yard of a lot.

 

Yard, Rear: The term “rear yard” means that part of the lot between a line projected the full width of a lot along the rear wall of the main building on said lot.

 

                        Yard, Subordinate Side: The narrowest side yard of a lot.

 

 

 

SECTION V.     GENERAL COMPLIANCE For General Business I, General Business II, and  Industrial.

 

                  A.   No building shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the zoning district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered.

 

                        1.  Purpose: The purpose of this Section is to provide control over the appearance of structures in business and industrial areas of the City of Granite Shoals so that they will compliment existing activities, structures and neighborhoods and conform to future plans of the City’s growth.

 

                        2.  Review: An applicant for a building permit for new construction or remodeling construction on any property zoned General Business One, General Business Two or Industrial must submit to the City Building Inspector a description of the activity to be conducted, the location, building plans, site plans, drawings, specifications, color charts and other such material that will give sufficient information to determine the appearance of the finished structure. 

 

                        3.  Approval: Approval will be given based upon the appropriateness to the specific activity at the specific location and the appearance of the finished structure with regard to existing activities, structures and neighborhoods and to the plans of the City.

 

                        4.  Rejection: If the review results in a rejection of the submitted plans, the City Building Inspector will send a Letter of Rejection to the applicant within five (5) business days after rejection is given stating the specific reason(s) for the rejection.  The applicant may modify the plans accordingly and resubmit the new plans to the City Building Inspector at any time after this notice is received.

 

                        5.  Appeals: Any person may appeal the City Building Inspector’s decision (rejection) to the Planning and Zoning Committee, which shall review the issues and make a recommendation to the City Council.

 

                        6.  Design Guidelines: The following will be used as guidelines in determining the acceptability of submitted designs:

 

                             a.   All plans submitted, shall be approved or rejected by the City Building Inspector.  These plans shall comply with the building codes in effect for the city of Granite Shoals at the time said plans are submitted.

b.       No “barn type” corrugated metal material may be used for any portion of a roof or overhang or any other horizontal surface.  Other forms of metal roofing material may be used.  No highly reflective finish may be used on any portion of a roof or overhang or any other horizontal surface.

                             c.   No “barn type” corrugated metal material may be used for any portion of a wall or any other vertical surface.  Other forms of metal siding material may be used.  No highly reflective finish material may be used on any portion of a wall or any other vertical surface except windows and glass doors.

                             d.   Surface area of any wall of a metal surfaced building facing a public street must be at least sixty-five percent (65%) glass, wood-siding or masonry or any combination of these three materials.

                             e.   Masonry buildings may use brick, stone, stucco and similar materials.  If concrete or cinder block is used, it must be textured and painted, or coated with stucco or a similar material.

                             f.    Driveways and parking areas must be graded and paved or graveled with a dust free material.

                             g.   Minimum landscaped open space must be provided as follows: Office Uses: 15% of lot area; Commercial Uses: 10% of lot area; Industrial Uses: 5% of lot area.  Said lot area must be landscaped with grass, shrubs, trees or flowers and such areas shall be properly mulched and edged and provisions for watering of vegetation must be included.

                             h.   Material used on the exterior of any structure must be new and of good quality, except that antique material may be used provided that it is properly installed, integral with the design of architectural interest, and consistent with the purpose of the business or structure.  For example, the use of antique material may be proper for a business dealing in antiques or a restaurant with a specific theme.

                             i.    Florescent or luminescent colors may not be used on walls, roofs, or accent trim.

                             j.    All roof mounted heating and air conditioning equipment shall be screened from the view from any public street.

                             k.  No rear yard shall be required, except when the property abuts, along its rear lot line, property zoned residential. Then a rear yard of not less than ten (10) feet must be provided, and the subject property shall have a privacy fence installed and maintained by the commercial property owner along the rear property line where the abutment exists. In no case shall a building occupy any part of a public utility easement. Outside storage and trash receptacles shall be enclosed from view of the general public by a solid fence constructed of either masonry or wood. The fence shall be a minimum of six (6) feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight (8) feet shall be provided along the entire common boundary of the light industrial use and the residential district. No outside storage or trash receptacle shall be higher than the height of screening. All screening shall be maintained in a safe and sightly condition at all times. All commercial trash dumpsters shall be serviced from owner’s property. All non-conforming commercial dumpsters must be in compliance within ninety (90) days after the effective date of this ordinance.

                             l.    Collection and disposal of all solid wastes shall comply with City codes and requirements of any City contracted waste collector.

                            

                        7.  Nonconforming Building and Uses: Refer to Section XVII of this  Ordinance for regulations.

 

                        8.  Compliance and Violations: Compliance by the applicant to the plans submitted and approved, will be determined by the City Building Inspector.  Should the City Building Inspector determine that the actual construction varies from the submitted and approved plans, the City Building Inspector may issue a violation in accordance with applicable ordinances, and the applicant may be subject to a fine in accordance with these ordinances.

                 

                  B.   No building shall be erected, nor shall any existing building be structurally altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the zoning district in which such building or open space is located.

 

                  C.   No yard or other open space provided around any building for the purpose of complying with provisions of this ordinance shall be considered as providing a yard or open space for a building on any other lot.

 

D.      Less restricted zoning districts may include all uses permitted in zoning districts which are more restricted, except that Industrial Districts shall not contain residential uses.

 

 

 

SECTION VI: ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES, AND

                        GOVERNING BUILDING CODES.

 

                  A.   Districts Established:  For the purpose of this ordinance, the City is hereby divided into districts as follows:

 

                        Single-Family Residential District                        R-1, R-1D

                        Multi-Family Residential District                          R-2

                        Mobile Home Residential District             M-1

                        Mobile Home Park District                                  M-2

                        General Business District One                            GB-1

                        General Business District Two                            GB-2

                        Industrial District                                                I          

                        Agricultural District                                             AG

                        Recreational Vehicle Park                                   RVP (Future Use)

 

                  B.   Zoning Map:  The location and boundaries of the districts herein established are shown upon the official zoning map, which is hereby incorporated into this Ordinance. Said 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. The zoning map is maintained at City Hall.

 

                  C.   Fee:  Any fees or assessments relating to lot ownership will revert back to the original plat in the case of re-plat or lot consolidation.

 

                  D.   Building Codes:  The city has adopted the Southern Building Code with its and the city’s amendments thereto. These codes shall apply to all construction.

 

 

 

SECTION VII: SINGLE-FAMILY RESIDENTIAL DISTRICT, R-1.

 

                  A.   Permitted Uses:  In Single-Family Residential District, R-1, no building or land shall be used, and no building shall hereafter be erected or structurally altered, unless otherwise provided for in this ordinance, except for one (1) or more of the following uses:

                       

                        1.  Single-Family dwellings.

 

                        2.  Churches and other places of worship.

 

                        3.  Colleges, universities, vocational schools, and schools of higher learning.

 

                        4.  County clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

 

                        5.  Parks, playgrounds, community buildings and other public recreational facilities owned and/or operated by the municipality or other governmental agency.

 

                        6.  Public buildings including libraries, museums, police and fire.

 

                        7.  Customary home occupations, such as millinery, dressmaker, musician, artist or beautician.

 

                        8.  An approved private detached garage, or an approved single accessory building, not to exceed 700 square feet, may be constructed or moved:

                            

                             a.   onto the lot where the existing primary residence is located

b.       onto any lot on the same subdivision and section which is owned by the same person who owns the lot where the primary dwelling is located.

 

The use described in paragraph 8, a or b, is hereby approved without the necessity of obtaining a replat.   If the property owner wishes to construct a garage or an accessory building in excess of 700 square feet, the property owner may apply for a specific use permit.  Such permit may be reviewed by Planning and Zoning, and approved or denied by the City Council, if it determines that the structure as designed is appropriate for the area, taking into account, the materials used, the affect on adjacent property, the site plan, the ability to convert the property into residential use, the ability to use the property for commercial purposes, and other relevant factors as determined by the City Council.

 

                        9.  Hangers for planes:  Personal hangers may be constructed on any lot bordering the airstrip, with or without a dwelling on the lot.

 

                     10.   Bed and Breakfast:  A bed and breakfast will be permitted according to Rules in Section IX.

 

                    11.    Home Based Business: An office in a residential dwelling that occupies more than twenty five percent (25%) but not more than thirty five percent (35%) of the total floor area of that dwelling. It is operated by one or more of the residents of that particular dwelling, employing no more than two (2) non-residents.

                            

a.       The home based business is conducted entirely within a dwelling unit  which is the bona fide residence of the practitioner(s) or within an accessory building located on the same property or the dwelling (not to include a driveway, yard or outside area).

b.       The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with non-residential construction codes to accommodate the home occupation. No outdoor storage of material related to the home-based business shall be permitted.

c.       No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.

d.       The business produces no external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.

e.       Outside signs shall be regulated by the City of Granite Shoals Sign Ordinance.

f.         Child day care as a home based business shall only be permitted on presentation to the Building Inspector of valid permits and licenses as required by the State of Texas, and shall be limited to no more than six (6) children other than children living with and related to the applicant, and shall be limited to twelve (12) consecutive hours per twenty four (24) hour period.

g.       Parking and vehicular traffic shall remain reasonable within the neighborhood of the home based business. Abuse of this privilege may be appealed through the Marshal’s department for adjudication.(see Section XV)

 

The following businesses or occupations shall not be allowed in residential neighborhoods as home-based businesses, including but not limited to: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, dancing schools, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors.

 

The decision of this City to recognize the importance and validity of home-based businesses in no way should be construed to open the way for a variety of border line businesses to function in residential areas.  The City Building Inspector should be contacted with any questions about a business, and if he cannot resolve it, then that business must and shall be petitioned to the City Council via the Planning and Zoning Commission before it can go into business.

 

            B.   Height Regulations:  No building shall exceed thirty (30) feet in height.

 

            C.   Yard Requirements.

 

                  1.   Front Yard:  There shall be a front yard having a depth of not less than twenty (20) feet.

 

                  2.   Side Yard:  All lots shall have a side yard of not less than five (5) feet on each side, provided that on a corner lot the side yard on the street side of the lot shall be not less than ten (10) feet and shall extend from front to rear of the lot.

 

                  3.   Rear Yard:  All lots shall have a rear yard of not less than five (5) feet.

 

                  4.   Shoreline:  Where a lot abuts Lake Lyndon B. Johnson or other waterway designated by the City, the following setback and other requirements in relation to the shoreline shall be used.  The shoreline shall usually be the water’s edge, under normal conditions, existing as of the date of the requested building permit.

 

a.  No main or accessory building, except as otherwise specified, shall be located closer than twenty (20) feet to the shoreline. In no instance shall it extend beyond the original platted lot line.

                        b.  A boat dock or a boat storage building not to exceed sixteen feet (16) in height (as measured from an 825 lake level) and no more than two hundred (200) square feet of storage area, without  living quarters, is not required to have any setback from the shoreline. No boat house or a boat storage building shall be closer than five (5) feet to any side property line.

                       

            D.   Lot Requirements:  No residence shall be constructed on any lot containing less than five thousand (5,000) square feet.  LCRA requirements for septic system may call for greater lot size.  A Septic System permit SHALL be obtained from the LCRA before construction of a building is started.

 

            E.   Off-Street Parking:  Permitted off-street parking spaces shall be provided in accordance with Section XV, hereof.

            F.   Minimum Dwelling Requirements.

 

1.       No used dwelling shall be moved into the City without a permit being granted by the Building Inspector.  In order to receive a permit, the petitioner shall submit an architectural quality drawing showing the site plan, intended use, and the method and time schedule, demonstrating that the building will be refurbished to an acceptable condition within sixty (60) days.

 

                  2.   No residential dwelling shall be constructed or moved in which contains fewer than twelve hundred (1,200) square feet within the living area; the dwelling shall have a minimum of sixteen (16) inches of roof overhang with soffit  where venting is required.

 

                  3.   Industrialized housing must:

 

                        (A)        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 tax appraisal roll for each county in which the properties are located.

 

                        (B) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.

 

                        (C) Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings.

 

                        (D) Be securely fixed to a permanent foundation and installed in accordance to the manufacturers specifications.  if the typical manufacturers foundation is not approved by local authority, a licensed Texas professional engineer shall design a foundation for this unique home and site.

 

            G.   Miscellaneous Requirements.

 

1.       Porches and patios shall not be placed in, or allowed to project into a required front or side yard.  Columns, posts and supporting structures shall not project into a front or side yard more than one (1) foot.  A roof overhang may not project into a front or side yard more than three (3) feet.

 

                  2.   Privacy fences and/or obstructing vegetation more than four (4) feet high shall not be:

 

.                       a.  Placed along a front property line,

                        b.  Paced within twenty (20) feet of the corner, on corner lots,

                        c.  Placed parallel to a private driveway on a side lot line that hinders drivers

    visibility.

 

                  3.   See through chain link fences shall not be more than four (4) feet high along front lot lines.  Deer proof fences may be erected not higher than eight (8) feet on each side and back lot lines, and five (5) feet on front lot lines.

 

                  4.   The primary dwelling at each address shall display that address so as to be readable from the street.

                 

                  5.   No lighting shall be done in such a manner as to provide a direct glare into an adjoining residence or into a public street that creates a driving hazard. Lighting shall be hooded or shielded. This excludes street lights.

 

6.   The driveway drainage culvert shall be located three and one-half (3 ˝) feet to center-line of culvert beyond the owners property line.  The maximum length of a single culvert used for any drainage purpose in a natural drainage waterway on private property or in the utility easements shall be thirty (30) feet. The maximum length of all culverts used for any drainage on two building lots (10,000 sq.ft.) shall be forty (40) feet.  The minimum space between two culverts shall be twenty (20) feet.

 

7.   Driveway material may be of concrete, asphalt or gravel.  All concrete driveways shall be reinforced with 3/8” re-bar on sixteen (16) inch centers.  Concrete driveways shall not extend beyond the property line, unless the roadway is concrete.  The extension of the driveway to the roadway shall be of material to match existing roadway and shall be graded to match the level of the roadway at that point.

 

8.       Drainage:  any and all lots having natural drainage on or across them shall be evaluated by the flood plain administrator.  if engineering services are necessary the lot owner shall

9.       pay all engineering fees.  some lots could be deemed unbuildable because of the inability to divert drainage.  lots shall not have culverts longer than thirty (30) feet, to pass water across.  a property owner that plans to build a structure built over a culvert, or natural drainage, shall have the design approved by a licensed engineer and the flood plain administrator.

 

 

SINGLE FAMILY RESIDENTIAL DISTRICT, R-1D.

 

A.      Permitted Uses.  This Residential District designation is for properties that at the time of annexation have not been platted for development that can be classified as one of

      the Districts in this ordinance.

At a future time, the residents of this District may petition the City Council through the Planning and Zoning Commission for zoning consideration by the City.

No building or land shall be used, and no building shall hereafter be erected or structurally altered, unless otherwise provided for in the Ordinance, except for one (1) or more of the following uses:

 

                  1.   Single Family dwellings with associated outbuildings and mobile homes.

 

2.       Home based business:  An office in a residential dwelling that occupies more than twenty five percent (25%), but not more than thirty five percent (35%) of the total floor area of that dwelling.  It is operated by one or more of the residents of that particular dwelling, employing no more than two (2) nonresidents.

 

                  a.  The home based business is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) or within an accessory building located on the same property as the dwelling (not to include a driveway, yard or outside area.)

                        b.  The residential character of the lot and dwelling shall be maintained.  Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with non-residential construction codes to accommodate the home occupation.   No outdoor storage of material related to the home-based business shall be permitted.

                        c.  No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off premises.

                        d.  The business produces no external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.

e.    Outside signs shall be regulated by the City of Granite Shoals Sign Ordinance.

f.      Child day care as a home based business shall only be permitted on presentation to the Building Inspector of valid permits and licenses as required by the State of Texas, and shall be limited to no more than six (6) children other than children living with and related to the applicant, and shall be limited to twelve (12) consecutive hours per twenty four (24) hour period.

g.    Parking and vehicular traffic shall remain reasonable within the neighborhood of the home based business.  Abuse of this privilege may be appealed through the Police Department for adjudication.(see Section XV)

h.     Dwelling shall have a minimum of sixteen (16) inches of roof overhang with soffit where venting is required.

 

The following businesses or occupations shall not be allowed in residential neighborhoods as home-based businesses including but not limited to:  animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, dancing schools, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors.